Legal Research and Methods

Objectives

Legal Research is an essential lawyering skill and researching law is an important component of the process of law reform. The ability to conduct legal research is essential for lawyers regardless of area or type of practice. It is also a creative and strategic thinking process and it often demands that researchers think outside any set of prescriptive 'rules'. It is a process that simultaneously demands imagination, creativity, discipline and structure and needs to be navigated strategically from start to finish.

Introduction 1) Legal Research - Nature and Scope (06) 1.1 Meaning of Research, Types of Research 1.2 Research Methodology 1.3 Research Methodology of Legal Studies 1.4 Legal Research, Socio- Legal Research Values 1.5 Characteristics of Legal Research 1.6 Socio-Legal Research 1.7 Motivating factors of Legal Research 1.8 Basic Assumptions of Legal Research 1.9 Objects of Legal Research 1.10 Objectives of Legal Research 1.11 Objectivity of Legal Research 1.12 Facts and Data of Legal Research 1.13 Strategy of the Legal Research 1.14 Utility of Legal Research 1.15 Types of Legal Research a. Doctrinal or Traditional Legal Research b. Empirical or Non-Doctrinal Legal Research 1.16 Working with Literature 1.16.1 The Importance of Working with Literature 1.16.2 Finding Literature 1.16.3 Managing the Literature 1.16.4 Using the Literature 1.16.5 The formal Literature Review

2) Formulation of Research Problem (05) 2.1 What is a Research Problem? 2.2 How to Proceed? 2.3 Necessary Conditions for Formulation of Research Problem 2.4 Sources of Research Problem 2.5 Criteria of a Good Research Problem 2.6 Formulating and Stating the problem 2.7 Common Errors

3) Hypothesis (03) 3.1 Definition 3.2 Sources of Hypothesis 3.3 Types of Hypothesis a detailed study of the subject of Legal Research and Methods is imperative for any law student. 3.4 Null Hypothesis 3.5 Characteristics or Conditions of a valid Hypothesis 3.6 Importance of Hypothesis in Scientific Research 3.7 Limitations of Hypothesis 3.8 Hypothesis Testing

4) Legal Research Design (05) 4.1 Meaning of Research Design 4.2 The Idealized or Good Research Design 4.3 Practical research design 4.4 Aspects to be considered in Research Design 4.5 Contents of a Research Design 4.6 Components or Steps of a Research Design 4.7 Characteristics of a Good Research Design 4.8 Significance of Research Design 4.9 Types of Research Design (A) Exploratory or Formulative Design (B) Descriptive or Survey Design (C) Diagnostic Design (D) Experimental or Explanatory Design

5) Sampling Design for Legal Research (05) 5.1 Census and Sampling Methods 5.2 Assumptions Underlying in Sampling 5.3 Merits or Advantages of Sampling 5.4 Demerits or Limits of Sampling Method 5.5 The Criteria to be kept in Mind in Constructing a Sampling Design 5.6 Characteristics of a Good Sampling Unit 5.7 Procedure to select a sample 5.8 Size of the Sample 5.9 Biased Sample 5.10 Types of Sampling (a) Probability Sampling (i) Random Sampling, (ii) Systematic Sampling, (iii) Stratified Random Sampling (iv) Cluster Sampling or Sub-sampling, (v) Multi-stage Sampling (b) Non-probability Sampling (i) Representative sampling, (ii) Judgment Sampling, (iii) Accident Sampling (iv) Purposive Sampling, (v) Convenience Sampling, (vi) Self selected Sampling

6) Techniques of Legal Studies (06) 6.1 Observation Method 6.2 Interview Method (Schedule Method) 6.3 Mailed Questionnaire Method 6.4 Survey method 6.5 Case Study Method

7) Processing the Legal Research Data (05)

8) Preparing Legal Research Report (03)

9) Exploring Ethics in Research (02) 9.1 Ethical Responsibilities 9.2 Facilitating Change through Research 9.3 From Knowledge to Action 9.4 Paving the Way for Change 9.5 Creating Knowledge and Actioning Change 9.6 Striving for Critical Emancipation

10) Role of IT in the Fields of Legal Education and Research: Cases, Statutes, Articles, Commentaries (05)

Tutorials (05)

Total (50)

Suggested Readings: O'Leary, Zina, The Essential Guide to Doing Research (2004), Vistaar Publications, Delhi Dr. Myneni, S.R., Legal Research Methodology, Allahabad Law Agency, (2004) Haryana Verma, S.K, Wani, Afzal M., Legal Research and Methodology, (2001) Indian Law Institute Young V. Pauline, Scientific Social Surveys and Research, (2003) Prentice-Hall, New Delhi Goode & Hatt, Methods in Social Research, McGraw-Hill Book Company Jacobstein Myron, J. Mersky M., Roy Dunn J., Donald, Fundamentals of Legal Research, (1994), The Foundation Press, Edition 6 Putman William, Legal Research, Analysis and Writing, (2004), Thomson Dnuckman Daniel, Doing Research, Sage (2005) Note: Students are expected to read latest journals, periodicals, reports and articles to keep abreast with the recent trends and developments in this area of Law.