Title: ELEMENTS OF LEGAL RESEARCH
1ELEMENTS OF LEGAL RESEARCH
-
- Teaching Tools of Research
- 3.10.2011
- WELCOME
- K.L.E COLLEGE OF LAW
- BANGALORE
-
2ELEMENTS OF LEGAL RESEARCH
- The study of law is closely connected with
legal research, which is necessary to give it a
proper direction. - Sound proposition and arguments cannot be
constructed without legal research. It is ,
therefore, equally indispensable for students of
law, lawyers, judges, and scholars who specialise
in legal research
3TOOLS OF RESEARCH
- Use of law library
- Observation
- Questionnaire
- Interview
- survey
- Sampling
- Case study
- Participation
4Training Law students
- What do we train law students for ?
- We train law students to be universal men.
- Lawyer is regarded in the community as a man
of judgment and wisdom, trained in the straight
thinking and who solves the problems after
through investigation and Preparation.
5NEEDS OF A LAW PRACTITIONER
- What the practitioner needs is a grasp
of general legal principles, a sound knowledge of
Law practice and procedure, an ability to argue,
and a general knowledge of where to find the law
he /she wants. He should be aware of his/her
goals and his/her Methods -
- Legal education is essentially self-education
the principal teaching task of Law schools is to
guide selfdevelopment. Methods are the tools of
Professional self development .
6TEACHER-NOT A DATA BANK
-
- What student will learn in Law school is not
information in the usual sense, not a set of
repeatable propositions, but how to do something. - Law teachers primary aim is not to transmit
information to the student of law but to help
him/her learn how to do what it is that lawyer do
with the problems that come to them. -
-
7Teaching - Learning Process
- Learning on the part of the student is the
ultimate objective of teaching and not
learnedness on the part of the teacher. - Guide lines
- 1. Less Rule learning
- 2. Less reliance on case method ( Requires
students to study volumes) - 3. More reading in advanced courses
- 4. More-in-depth student participation in
problem solving - 5. More student control over learning process
- 6. More diversity in Learning groups
- 7. More concern with student writing skills
- 8. De-emphasis of grades/Marks
-
8Learning Task
- Learning task should be conceived in the four
basic steps - 1. Initial guidance
- 2. Task performance
- 3. Feedback on performance, and
- 4. Assimilation of Feedback
- Each task will involve the three dimensions of
task performance-Activity subject matter and
purpose
9 METHODS OF TEACHING
- 1.LECTURE
- 2. PROBLEM solving
- 4.CASE-LAW METHOD
- 5. DISCUSSION
- 4. SEMINAR
- 5.CO-OPERATIVE
- 7. CLINICAL
- 8. Collaborative learning- The Group method of
learning
10 Teaching Models
- i. Functional Model-Expansion of problem solving
- ii. Socratic Model- Learning by doing
- iii. Real Life exposure-Placement/Internship
- iv. Simulation Exercises-Learning skills by
performing - v. Self study- Reading courses-student study
himself - vi. Team teaching-Planned activity- Requires
Complete Understanding between teachers in the
team - There should be a basic mix of teaching methods.
There should be a deliberate shift from one
method to other method.
11 LECTURE METHOD
- Most popular method
- Lecturing and assigning problems based on
decided case laws. But this method-even with
illustrations-frustrating and sometimes boring
both faculty and students. - Teaching Tools/Techniques of legal research
through lecture method suffers from same
disadvantages as would teaching swimming by
lecturing
12 Other methods of teaching Law
- 2.PROBLEM SOLVING
- 3.CASE-LAW METHOD
- 4. DISCUSSION
- 5. SEMINAR
- 6.CO-OPERATIVE
- 7. CLINICAL..
13Collaborative learning-The Group method of
learning
- A small group of students who together analyse
a case law would reach more accurate results
than students who individually analyzed
one.-HYPOTHESIS - The group method of learning-Collaborative
learning-can be used to teach virtually any
subject. - Collaborative learning is particularly
helpful in teaching manual legal research. - This innovative yet simple technique can both
spark student interest and enable students to
develop strong legal research skills.
14Collaborative learning-
-
- The value of integrating legal research with
another skills course such as Interviewing and
counseling enhances the potential of
collaborative learning. -
- If the group research could be undertaken
during class time under the direct supervision of
the faculty, the students would be less
intimidated by manual research tools and would be
better prepared to work on their own.
158. Collaborative learning- THREE STEP METHOD
- THE STUDENTS READ ABOUT THE TOOL
- 2. THE FACULTY DISCUSS THE TOOL IN CLASS
- 3.Immediately following the discussion, students
to go to the library to work in groups in the
presence of the faculty.- - This step departs from standard practice
16 Learning theory and skills
- To learn how to conduct legal research or to
learn how to swim one must practice the skill. - If the Faculty points out strengths and
weakness while students practice, students learn
faster and better - Learning theory supports the proposition that
at some point students must be taken out of the
lecture hall and on to the swimming pool-Library,
court, etc., for experiential learning.
17LEARNING THE SKILL
- Reading, Listening, observing a model, and
discussing the skill in class are only
intermediate steps toward learning the skill. - By observing a model carefully, one can attempt
to transfer its attributes to ones behaviour.- - At some point, the student who has studied and
observed the skilled model performer must try to
imitate the response of the model
18Effective learning
- Students need feedback and reinforcement to learn
most effectively - By rewarding desirable responses as students
practice, the faculty considerably advances the
learning process - Students learn best if they receive feedback
and reinforcement immediately after they study
and practice the task. - The teaching method must enable students to
progress from passive observers to competent
actors
19 COLLABORATIVE LEARNING-
EXPEPERIMENTAL PROCEDURE
- Lecture approach is to be retained while
collaborative learning is exercised to sharpen
student interest and to help students build
stronger research skills. - Collaborative learning groups enables students to
practice conducting legal research in a
structured setting that provides interaction,
feedback, and reinforcement
20 INSIDE THE CLASS
-
- At least a week before next assemblage of the
class ,students are to be assigned readings on a
particular research Tool. - Each student has to be assigned to a group of
three/five students - During the first twenty-five minutes of class,
the faculty has to discuss the tool with the
students, illustrating among other things,
precise research paths.
21Research paths
- Research paths are the typical means of entering
the source, such as - The index path
- The topical path (textual volume for a specific
topic) - The table of case
- The table of statutes path
- Aside from using the typical research paths,
students are to be encouraged to use
cross-reference from other sources to find
relevant entries.
22Student groups inside the Library
- The groups then have to get into the Library
for the remaining 20-25 minutes to research the
problem - The Faculty shall stay themselves next to the
assigned tool , and are accessible for questions
while students were using the tool inside the
Library - Before the period ends, one member from each
group has to check in with the faculty who
briefly reviews the group progress
23Legal research exercise books
- The Problems have to be drawn from legal
- research exercise books
- 1. J.Myron Jacobstein Roy M. Mersky,
Fundamental of Legal research(3rd ed) - 2. Legal research illustrated-3rd ed Assignments,
Mineola, N.Y., 1985 - 3. Fundamental of Legal research-Mineola., N.Y.,
1987 - 4. Harry Bitner, Shirley R, Bysiewicz Williams
C. Mathews Jr-Problems for effective legal
research, 5th ed, Boston, 1979
24Legal research exercise
- i. Consumer-Dealer survey
- ii. Journal content Index A.I.R. / I.B.R / Jr
.I.L.I - iii Subject wise NEWS paper cuttings
- iv. Writing of response to current news.
- v. Socio-Legal Research survey in Gram
panchayats - vi. Content Index to Articles
- Writing Article for Legal Literacy programme
- viii. Case comments on a particular topic
- ix. Questionnaire of Legal services Authority
for verification of BPL/APL - x. Water pollution samples-VISL
25Legal research exercise
- xi. Survey of status of Girls Hostels , Vridha
Asrama, Reception centre, Jail, Juvenile Home, - xii. Issuance of LLr- driving Licence
- xiii. Visit to court and lawyers office /Police
station for collection of various Legal specimens
eg., F.I.R/Charge Sheet /Bail Application Format - xiv. Searching of case Laws through Legal Eagle
software/ Manually - xv. Assignment writing
- xvi. Visit to Sub registrars office to collect
certified copies of various types of conveyance
deeds - xvii Power point / vedio presentation of the
programmes of the entire academic year - Filing RTI application for 4(1)(b)
Notification - ixx Establishing yuva.com/ Vidyarti vakila
vedike for discussion on various current legal
issues - xx . Material collection on the suggested topic
26SUGGESTIONS FOR EXECUTION
-
- Experimentation with the group learning method
indicates that the research problems must be
carefully designed and the groups carefully
instructed and managed for the exercise to be
succesful. -
27Recommended steps
- 1.Significant time must be allocated to give the
group a fair opportunity to solve the problem and
to present their report - 2. The problems should be designed so that every
group does not attempt to handle the same volume
at the same time - 3. Group size should be limited to three
students, a manageable number. - 4. The group task should be clearly defined
- 5. The exercise should be designed to challenge
the students but not to overpower them - 6. All group exercise are somewhat chaotic. The
trick is to keep the chaos to a minimum.
28 Tools of research - Use of law library
- Preparation for research work consists in
learning How to use the resources of law
libraries? - All legal research inevitably involves the use of
the law text books, Periodicals, and Documentary
materials in libraries.
29Use of Library
- Planning Library Research
- Helps researcher to understand the process
of conducting library research and the different
research tools, resources and collections
available - Using law Libraries
-
- Information about accessing the libraries
student/researcher may need to visit during
his/her research and effectively utilizing the
services and facilities offered.
30 LEGAL MATERIAL
-
- primary legal materials-All legal sources.
- All of the other Legal materials -Secondary
materials. - He who wants to become a lawyer and not merely
to pass law examinations must learn to use legal
materials. He must get to know the way about his
law library, and must acquire the habit of
first-hand work among what lawyers call the
sources. -
- The law of India is contained in constitutional
law of India, statutes enacted under it and the
judicial decisions - what the textbook writer think is not, in itself,
law. He may have misinterpreted the authorities,
and the reader who goes to them goes to the
fountainhead.
31PRIMARY LEGAL MATERIAL
- The primary sources of law are those
authoritative records of law made by law-making
bodies. i.e., - The legislation made by Union parliament and
state legislatures - The rules, regulations, orders, ordinances,
notifications, circulars, and by-laws ,of those
bodies to whom parliament or state legislatures
have delegated authority, and - The authoritative reports of the decisions of the
courts. - Customary practices- Indigenous peoples /law as
recognized by the Supreme court of India.
32SECONDARY LEGAL MATERIAL
- publications which refer and relate to the law
while not being themselves primary sources. - Ex commentaries, AIR commentaries Digests,
Annual survey of Indian law, Halsbury laws of
India. - All legal text books, encyclopedias,
dictionaries, digests, journals, and the like. - A court will not feel bound by secondary
source materials if cited in support of a
proposition of law, - Goal is to find the law and that will mean that a
case, Act or Regulation, or a mixture of all
three, must be found and cited. - They are of great assistance in finding and
understanding the law but will seldom replace the
legal authority itself.
33LIBRARY RESOURCES
- Using Resources
- Information about using the range of research
tools and resources that student/researcher may
need to use during his/her research. -
- Besides familiarizing himself with the law
reports and statute book, the Student
lawyer-to-be should get to know his way about the
library as a whole, together with its apparatus
of catalogues and books of reference. - Referencing Bibliography
- Helps the student/researcher to correctly
reference the sources he/she has used in his/her
research, compile a bibliography and use
bibliographic software.
34LIBRARY DATA SEARCH TOOLS
- Title Search Searches through all of the subject
titles -
- Method Search Statistical methods such as
regression - Topic Search Topics such as LAW or JURISPRUDENCE
- Data-file Subject Search Data subjects such as
-
Statutes or List of cases - Full-text Search Searches through all of the law
- subjects and
data-files.
35PRINT MEDIA
-
PAPER SOURCES - 1) Encyclopedias
- 2) Digests
- 3) Manuals
- 4) Case Law books
- 5) Bare acts
- 6) Text books
- 7) Commentaries
- 8) Statutory rules
- 9) Law commission reports
- 10) Constituent Assembly debates
- 11) Parliamentary debates
- 12) Journals and Reports
- 13) Citatory.
- 14) Current central legislations
-
36NON PRINT MEDIA
- The convergence of computer and communication
technologies have created a new channel of
networking - Examples of CD ROMs
- 1) Grand Jurix
- 2) Laws premium
- 3) Law encyclopedia
- 4) Advocate library
- 5) Company law
- 6) Labour law
- 7) Constitution of India
- 8) Intellectual property rights- key to new
wealth-Interactive CD. - 9) Karnataka law CD
- 10) Legal India CD.
- 11) Legal eagle-soft ware
37 Websites - Webliography
-
- ebookee.com/law.html
sites.google.com/site/gyanendrasinghchauh
an.comindiankanoon.org/judis.openarchive.in/
(scc)judis.nic.in/ judis.nic.in/supremecourt/che
judis.asp (SCC)supremecourtcaselaw.com/
(SCC)indiacode.nic.in/lobis.nic.in/mhc/srjud.php
(MP HIGH COURT JUDGEMENT)legalserviceindia.com/
dictionary.law.com/lectlaw.com/def.htm (law
dictionary online)books.google.co.in/vakilno1.co
m/gigapedia.com/
38Websites - Webliography
- answeringlaw.com (scc)gunaccessories.com/
(ARMS)indiabook.com/Government/Law/index.htmlind
ianlawcds.com/Free_indian_bare_Acts.htmindia.gov.
in/govt/acts.phplegalhelpindia.com/cause-lists.ht
ml lawzonline.com/legalindia.in/legalapproach.n
et/lawguru.comindlegal.com/rtiindia.org/indlii
.orgloc.gov/law/help/guide/nations/india.phpfore
nsic.jouwbegin.nl/divorcelawyerindia.com/stpl-in
dia.in/
39Empirical data- Measuring tools devices
- Observation
- Questionnaire
- Interview Schedule
- Survey
- Sampling
- Case study
- participation
40Observation
- Observation is an activity, which senses and
assimilates the knowledge of a phenomenon or the
recording of data using instruments. -
- Observation is the process of filtering sensory
information through the thought process. Input is
received via hearing, sight, smell, taste, or
touch and then analyzed through either rational
or irrational thought.
41 TYPES OF OBSERVATION
- Participant and non participant observation.
- Controlled and uncontrolled observation
- Structured and unstructured observation
42Participant and non participant observation
- Advantages of participant observation and
limitations -
- Non-participant observation and limitations
- The defining characteristic of observation is
that it involves drawing conclusions, as well as
building personal views about how to handle
similar situations in the future, rather than
simply registering that something has happened.
43Controlled and uncontrolled observation
- Devices generally used in controlled
observations - A detailed observation plan
- Observation schedules
- Mechanical appliances like photos,
tape-recorders, - Socio-metric scales
- Hypothesis.
- These controls increase precision, reduce
bias, ensure reliability, systematic procedures
and increase objectivity. - uncontrolled observation
- Most of the knowledge about the social phenomena
is generally derived through uncontrolled
observation only. To get a spontaneous picture of
life and persons, this type of observation is
used.
44STRUCTURAL AND UNSTRUCTURED
OBSERVATION
- Observational technique presupposes that the
investigator knows what aspects of the situation
under study are relevant to his research purposes
and is in a position therefore to develop a
specific plan for making and recording
observations before he actually begins the
collection of data. - Unstructured observation is mostly used as an
exploratory technique. In exploratory studies,
the observer does not know in advance which
aspects of the situation will prove relevant and
the observers understanding of the situation is
likely to change as he goes along. This in turn,
may call for changes in what he observes. The
unstructured observation is flexible and allows
for changes in focus from time to time.
45Questionnaire
- The questionnaire is a list of important and
pertinent questions concerning a problem. - Defined as a list of questions sent to a number
of persons for their answers and which obtains
standardized results that can be tabulated and
treated statistically. - Questionnaire is a popular method of data
collection
46What is a Questionnaire?
- A questionnaire is a research instrument
consisting of a series of questions and other
prompts for the purpose of gathering information
from respondents. Although they are often
designed for statistical analysis of the
responses, this is not always the case.. - Questionnaires have advantages over some other
types of surveys in that they are cheap, do not
require as much effort from the questioner as
verbal or telephone surveys, and often have
standardized answers that make it simple to
compile data
47DIFFERENCE BETWEEN QUESTIONNAIRE, SCHEDULE AND
INTERVIEW GUIDE
- A questionnaire is a tool for obtaining answers
to a bunch of questions by the respondent.
Generally, the questionnaire is mailed to the
informants who are to give answers in the
questionnaire itself. The researcher does not
meet and help the informant in filling the
questionnaire. - A Schedule refers to a form of questionnaire,
which is generally filled in by the researcher
himself. He sits with the respondent face to face
and fills in the form. - The fundamental difference between a
questionnaire and a schedule lies in the method
of filling the form containing a set of
questions. A questionnaire is self-administered
whereas a schedule is not. - An interview guide is a set of points, topics or
matters which must be necessarily covered by the
interviewer while conducting the interview. At
times, questionnaire or schedule itself is used
as the interview guide
48CHARACTERSTICS OF A GOOD QUESTIONNAIRE
- The significance of the topic should be closely
and carefully stated on the questionnaire or in
the covering letter. - Questions whose answer can be secured more
accurately from other sources such as census
data, may be excluded - It is not desirable to use leading questions.
- Questions framed must be simple instead of long
complex questions. - In fact, question wording and formulation is an
art and can only be learnt by practice. - The set of questions must be logically related to
the problem under investigation. Opening
questions should stimulate interest in the
respondent. - Questionnaire should be attractive in appearance,
neatly arranged and clearly duplicated or
printed. In a mailed questionnaire, an
attractive-looking questionnaire is a plus point
for co-operation. - The authority for the collection of the
information should be stated. - Sufficient space must be provided for recording
the responses.
49A GOOD QUESTIONNAIRE
- In general, all questions should meet the
following standards namely - (i) should be easily understood
- (ii) should be simple i.e., should convey only
one thought at a time - (iii) should be concrete and
- (iv) should conform as much as possible to the
respondents way of thinking.
50TYPES OF QUESTIONNAIRE
- Structured questionnaire
- Unstructured questionnaire
- Pictorial questionnaire
- Merits and demerits of questionnaire
51Types of questions
- Contingency questions - A question that is
answered only if the respondent gives a
particular response to a previous question. This
avoids asking questions of people that do not
apply to them (for example, asking men if they
have ever been pregnant). - Matrix questions - Identical response categories
are assigned to multiple questions. The questions
are placed one under the other, forming a matrix
with response categories along the top and a list
of questions down the side. This is an efficient
use of page space and respondents time.
52Types of questions
- 3, Closed ended questions- Respondents answers
are limited to -
a fixed set of responses. - Yes/no questions - The respondent answers with a
yes - or a no.
- Multiple choice - The respondent has several
option from - which to choose.
- Scaled questions - Responses are graded on a
continuum (example rate the appearance of the
product on a scale from 1 to 10, with 10 being
the most preferred appearance). - 4. Open ended question- No options or predefined
categories are suggested. The respondent supplies
their own answer without being constrained by a
fixed set of possible responses. Examples of
types of open ended questions include - Completely unstructured - For example, What is
- your
opinion of questionnaires? - Word association - Words are presented and the
respondent mentions the first word that comes to
mind.
53Interview
- The interview technique is universally used for
the study of human behaviour. The lawyer,
physician, the journalist, the social worker-all
depend on interviews to meet their professional
demands. - In simple terms, interview means conversation
with a purpose. - Interviewing is an interactional process, it is
a mutual view. Interviewing is fundamentally a
process of social interaction.
54INTERVIEW-Method of data collection
- The term interview stands for a generic concept
which includes a variety of procedures used in
collecting data through a person to person
contact between an interviewer and a respondent. -
- Thus, interview is a method of data collection
mainly through the verbal interaction between the
respondent and the interviewer. It is a verbal
method of securing data. The interview method of
collecting data involves presentation of
oral-verbal stimuli and reply in terms of
oral-verbal responses.
55Interview method
- The interview method affords a portrait of
human personality, i.e. ., information about the
social background which governs ones scheme of
life, ones inner strivings, tensions, wishes and
the changes in ones behavioral relations. The
interview has been a widely used method in
empirical studies. - There is saying that if you want to know how
people feel, what they experience, and what they
remember, what their emotions and motives are
like and the reasons for acting as they do- why
not ask them?
56 TYPES OF INTERVIEW
- 1.Clinical interview
- Engaged for treatment- Diagnostic-Therapeutic /
Psychiatric interviews - 2.Group interview
- 3.Individual interview
- 4.Structured interview
- 5.Un-structured interview.
- 6.Focused interview
- 7. Non-directive interview
- 8. Telephone interview
57PROCESS OF INTERVIEW
- There are three important phases in the
interview., - 1 Rapport building
- 2 probing, and.,
- 3 Recording of response
- Advantages and limitations of interview method
58Interview schedule
- For eliciting data from illiterate
- For eliciting data from busy persons
- For eliciting data of unique nature
- For eliciting data of confidential nature
- For eliciting data of sensitive nature
- Careful drafting of the schedule
- Administration procedure
- Storage of date collected
59survey
- Perspectives
- Social survey
- Economic survey
- Political survey
- Statistical survey
- Range
- Global Regional National State
- District Municipal Village
60survey
61Sampling
- Need for sampling
- Sampling can save time and money. A sample study
is usually less expensive than a census study and
produces results at a relatively faster speed. - Sampling is the only way when population contains
infinitely many members. - Sampling assists in obtaining information
concerning some characteristics of the
population.
62Sampling facets
- SAMPLING TECHNIQUES
- 1.PRBABILITY SAMPLING
- i. Simple random sampling
- ii. Systematic sampling
- iii. Stratified random sampling
- iv. Cluster sampling
- V. Multi stage sampling
63 NON-PROBABILITY
- 2. NON-PROBABILITY SAMPLING are Biased samples
- Representative sampling
- Purposive sampling
- Judgment sampling
- Quota sampling
- Accidental sampling
64Random Sampling
- The definitions of the universe and of the
observations are precise and coincide with each
other. - The definition or list of universe is complete.
- The mechanical procedure of drawing the sample is
easy to carry out and does not introduce bias of
its own.
65Stratified Sampling
- Use of smaller sample with greater precision.
- Homogenous universe requires smaller sampling.
- Requirements of division into homogeneous
categories - Criteria for division be correlated with the
variable being studied - Criteria used not provide so many sub-samples as
to increase the size of the required sample
66Sampling Model
67. Analysis of data
- Use of computer for storage classification of
data - Methods of verification and analysis of data
while writing the report - Descriptive method
- Analytical method
- Historical method Applied in social
science - 4. Sociological method
- 5. Philosophical method
- 6. Experimental method -Applied in science
68 Case study
- Case study is a very popular form of qualitative
analysis. It is an important tool of social
investigation and is extensively used in
Psychology, education, sociology, economics and
political science. - In social research, the term case refers to a
unit of study. The unit may be a person, an
episode in a persons life, a group of persons
such as a family or a class of persons such as
the habitual offenders or a concrete set of
relationship like labour management relations, a
specific process like rehabilitation of the
community or even an entire culture such as
culture of a factory. Each case is a complex
whole and unique. -
69Case-study method
- The method of exploring and analyzing the case is
known as case-study method. It is in fact a
technique which considers all pertinent aspects
of a situation employing as the unit of study an
individual or group and intensively investigating
it. - It is a method of study in depth rather than
breadth. It places more emphasis on the full
analysis of a limited number of events or
conditions and their inter-relations.
70Case study is a way of organizing social data so
as to preserve the unitary character of the
social object being studied.
- Characteristics of case- study method
- Advantages of case- study method
- Limitations of case- study method
71Participation
- Participant observation
- Non-participant observation
- Partly participant partly non-participant
observation - Participant observation is a set of research
strategies which aim to gain a close and intimate
familiarity with a given group of individuals
(such as a religious, occupational, or sub
cultural group, or a particular community) and
their practices through an intensive involvement
with people in their natural environment, often
though not always over an extended period of
time.
72 THANK YOU
-
- SUGGESTION, ADVICE, OBJECTION AND MODIFICATION
FOR IMPROVEMENT OF THE CONTENT OF THE SLIDES IS
SOLICITED . - Prof. G.R JAGADEESH
- Cell
9449629066 -
grjncl_at_gmail.com