Meaning of Legal Research Methodology

Systematic study or
investigation
Existing facts or knowledge
With object
To find truth or reality
Legal rules, principles,
concepts, theories, doctrine,
decided cases, legal institution,
legal problem, issues or
questions
 Objective of Legal Research
Nature, Scope and purpose
To Examine legal principles and precedents as established by
courts.
Nature and composition of legal institution
Relevancy
Weaknesses of existing law
Comparative analysis
Advantages or disadvantages of law
Actual fact situation
Requirement of special enactment
To discover new facts or verify old facts or extend knowledge
or develop a theory or arrive at a general conclusion.
Authoritative work
Adoption of a particular law or legal institution
 Approaches to Legal Research

Doctrinal Empirical
Research Research

Field study,
Libraries, cause and effect,
archives and ideas, views,
other data- attitudes or
bases. values.
 Types of Legal Studies
Descriptive and Exploratory studies
Explanatory studies
Analytical or Critical studies
Historical studies
Comparative studies
 Deduction Top down

Theory
Hypothesis

Observation
Confirmation
 Induction Bottom up

Theory
Tentative
Hypothesis/
Research Question

Pattern

Observation
 Selection of the Research Topic
Printed sources
Paper presented at
Sources academic gathering

Available data
Ongoing Media
or prior
research
Basic consideration in the selection of topic

Genuine interest to researcher

Problem or Academic
Feasible to
researchable and social
study
question value
 Research design
Title of the research project
Introduction A hypothesis is an unproven
Research question proposition or possible
solution to a problem.
Hypothesis Hypothetical statements
Literature Review assert possible answers to
Objective of the study research questions.
A hypothesis... in its
Research Methodology simplest... is a guess.
Scope of the study William G. Zikmund,
Business Research Methods
Significance of the study (6th edition) Ohio: South
Contents/ Chapters Western, 2000, p 92.
Tables and Bibliography
 Writing Dissertations and Theses
Organization of the Writing style
Research Work Clarity
Outline Plain Language
Chapters Gender neutral language
Necessary steps before
Headings/ Sections finalizing the work
Paragraphs Revising
Sentences Editing
Reference citation
Conclusion
 Socio Legal Research

Exploratory studies Longitudinal studies

Descriptive studies Panel studies
Explanatory studies Cohort studies
Casual studies Trend studies
Basic Research Predictive studies
Applied Research Quantitative Research
Evaluation studies Qualitative Research
Pilot studies
Cross- Sectional studies
 Research Design in Socio- Legal
Research
Title of the research project
Introduction
Research question
Hypothesis
Literature Review
Objective of the study
Research Methodology
Scope of the study
Significance of the study
Contents/ Chapters
Tables and Bibliography
 Methodology
Type of data needed
Methods of data collection
Socio- cultural context of
the study
Place or geographical area
to be covered by the study
Type of sampling to be
used
Data Coding and Analysis
Note of formulation of
Hypothesis
Independent and
Dependent variables
Verified or tested
Concepts and Comparison
in Hypothesis should be
clearly stated
Types of Hypothesis
One- directional
Two- directional
Null Hypothesis
 Social survey research method
Interview Socio graphic
characteristics
Questionnaire

Attitudes

Behaviour
Observation Method of Data Collection
Selection

Recording

Encoding

Participant
Observation
Non-participant
Observation
Major steps in observation research
Selection of research
setting
Field work Gaining entry
preparation

Collecting, recording
Gaining and organising the field
rapport and notes
Cooperation Analysing the data and
preparing report
Interview Method of Data Collection
Selecting
Types
the sample

Conducting the
Structured
Interview

Role of a
Unstructured
Researcher
Procedure in conducting the interview

Initiating
Leading
the Probing
Questions
Interview

Dealing
Clarifying Recording
with
Issues Responses
Refusals

Broad
Question as Record the
Question
Worded Interview
Initially
 Advantages

Greater Flexibility

Probing High Participation

Length Possibility of Obtaining

of Interview High Responses
 Disadvantages
Cost

Time

Difficulty in locating Respondents

Respondents Reluctance

Anonymity of Respondents

Interview Bias
Advantages of Telephonic Interviewing

Speed

Wider
coverage Cost

Feasibility Call back

Absence of
face to face
contact
 Disadvantages

Limited Duration

Non - Cooperation

Limited Representation
Questionnaire Method
of Data Collection

Relevance of the
Study

Relevance of
Questions

Selection of
Respondents
 Open- ended questions
Advantages Disadvantages

Freedom to express Wide variety to answers

Beneficial for Problem in analysis &
exploratory research tabulation
Too many potential Requires superior
answers writing skills
Complex issues Too general in nature to
Better understanding to understand
draw inferences & More time & effort.
conclusions
 Close- ended questions
Advantages Disadvantages
Precise predetermined Fixed answers or
answers forced answers
Coding, comparison, Lack of adding
tabulation & analysis comments by
becomes easy respondents
Less reluctant to Difficult to ascertain
answer the correct
understanding of
question
 Question wording

Clarity and
Simplicity

Sensitive
Vague and
words Embarrassi
ng question

Double
Leading barrelled Order of
questions questions questions
 Mailed questionnaire
Advantages Disadvantages
Geographical Flexibility Limited Usefulness
Locating Respondents Lack of Flexibility
Cost
Low response rate
Time Saving
Respondent Convenience
Problem of
Unanswered questions
Greater Anonymity
Interview bias Possibility of others
answering the
Cover Letter
questions
Survey Sponsorship
Monetary Incentives
Follow- ups
 Sampling
Nature of sampling
Sampling in Quantitative Research
Advantages in Sampling
Technical terms used in Sampling
Sampling Element or Unit
Population
Sampling Frame
Sampling Design
 Drawing a sample from the sampling
frame
Sources of Sampling Frame
Types of Samples Sampling error
Probability Sampling Sampling size
Simple Random Sampling
Systematic Sampling
Stratified Sampling
Cluster Sampling
Non- Probability Samples
Convenience Sampling
Purposive Sampling
Snow ball Sampling
Quota Sampling
 Data Preparation and Analysis
Qualitative Data Analysis
Quantitative Data Analysis
Editing
Handling Blank Responses
Dealing with Dont Know Responses
Field Editing Appropriateness
In- house Editing
Coding Exhaustiveness

Mutual Exclusivity
Item no Variable Response
name
1. Identification no.
2. Offenders Name
3. DOB
4. Prior Cases of arrest
Domestic violence
5. Gender
6. Relationship with
victim
7. Gross income
Writing a Socio-Legal Research Report
Title
Abstract
Table of Contents
Introduction
Literature Review
Research Methods
Findings
Summary and Conclusions
References
Appendix