346 Legal Research Methodology [Ch.IV, Syn.

a) Data organization and coding:

b) Storing the data in computer:

Selection of appropriate statistical technique;

c)
software package; andd
d) Selection of appropriate
e) Execution of the computer programine.
in the computer. The
Once the data is coded it is ready to be stored
The researcher is required
data is stored in the memory by using input device.
to select the appropriate programme to be
used. Many researchers prefer
whereas some prepare of their own.
programme available in the market,
All that is important for the use of the computer
in the field of legal research
The application of computer
is the selection of appropriate programme.
Would be of much
in the field of law, if appropriate software is developed.
retrieval system i.c., to
significance. Till today it is used only as legal
a

relevant legislation. It is to be
find out quickly and comprehensively the
of law as well as of computer
kept in mind, however, that the language conventions for its
is specialized, has a similar exactness and accepted
on to develop software in
this regard. The
interpretation. Efforts are going
contribution of experts like Bryan T.McCarty, R.Stamper, L.Allen.
Niblett
T. Barthel, S.Jones
H Baner-Bernet, J Bing, Nils Kristian Sundby, H. Fiedler,
is of much
N. Bellford. D du Feu, J Sprawl, C.Tapper, R. Lawlor,
is at testing stage
significance The software which they have developed
.

and if they succeed in their venture, the legal procession will be really
revolutionalised.

c) Report Writing
This is most important part of research work. The work is, incomplete
with view
until the report of the labour put in is reduced into writing a

the purpose, the importance. the

to communicate others. It includes
limitations, the procedure, the finding and the conclusion of the study. The
objectives of writing research report may be summed up as follows:
The investigator clarifies and systematizes his work
1)
and
2) Future researchers guided by the report written earlier;
are

If the findings are of practical use it can be incorporated into

3)
at a
statutory law; it can be used by the Courts for arriving
conclusion different from the earlier one either to reform an

existing law or to mould the course of social movement.

 Data Processing and Analysis 347
Ch.IV, Syn.1]

the report the following two points are to be kept

While preparing
in mind:
What does the people want or need to know about the study?
a)
this information be presented in the simple and lucid
b How can

manner?

General Structure of the Repor

should be as follows:!
Thelay-out of the report
1) The preliminary matters;
2) The main text; and
3) The end matter

1) The preliminary matter

should be numbered in
The pages dealing with preliminary matters
main text. It contains
small Ronman numerals to distinguish it from the
the following items:

a) Title page
work and researcher's name, the
It contains the title of the thesis or
date of submitting it and the name of the institution where it is presented.
It also contains the name ofthe supervisor or guide under whose supervision
or guidance the work was carried out. In case the work was done

independently, there was no then the supervision's name will

supervisor,
When the thesis is published the name of the institution
not find place on it.
is replaced by the name of the publishers and the place and year of

publication.
b) Acknowledgement page
This page is devoted to those whose help or inspiration or guidance
and tactful
was obtained in any way. It should be expressed in a simple
manner.

c) Preface or foreword
some initial remarks
It follovs the acknowledgment page, bearing
character of the research
and a brief statement ofthe scope, aim and general
project.
I. The procedure discussed herein the one which is followed or observed of
international level and which has been accepted as a standard form of report

writing.
 348 Legal Research Methodology [Ch.V, Syn.1
d) Table of contents
A well developed, table of contents should be produced after preface
with a view to enable the reader to choose rapidlyand judiciously the topics
or sub-topics that he may like to read. It should include the chapter, headings,
the headings of the major sub-divisions of the Chapters and even the
subdivisions.
e) Table of Cases
After the table of contents, the table of ceases should be placed. Cases
should be arranged in alphabetical order with their details, i.e. name of
the report YEAR OF REPORT, NAME OF THE Court and the page number
of the report on which it is reported and then the page number of the thesis
on which that case is referred. If the case has been referred at more places
than one then all the page numbers on which it has been referred should
be given in front of that case. Very often full details of the case in the
table of cases is avoided. But this is not a good practice because sometimes
more than one litigations might have taken place, then only the full reference
can tell exactly as to which case
pertains to what matter or topic.
List of tables or figures
Ifthereare tables and figures, used in the thesis, then a list of all
these should be given, after the table of cases with page number on which
they have been produced.
2) The Main text
This part of the thesis is divided into chapters and is produced as
follows:
a) Introduction
This is the first part of the main text of the
research report. It usually
contains a statement of the factors
the purpose of study the value and
leading upto the choice of the problem,
,

and any other relevant information to

significance attached to the problem
express the sincerity of the researcher
in his selection of the
topic.
b) The problem
It should bementioned in a clear-cut and
reader is able to get a logical manner so that the
sufliciently learned insight about the problem.
problem should be presented in detail. Area of investigation is
precisely, and the sources of information is also presenic
nature or which have different given. All terms of tecni ical
connotation at different times and
pla
Ch.IV, Syn.1 Data Processing and Analysis 349

:f used, be precisely defined so that the reader may understand the exact
meaning.
c) Survey of related literature
A researcher must
possess up-to-date information about the
of his study. Their evaluation should be presented for the information subject
of
the reader. The researcher must also present his
analysis of those literatures,
whether they throw sutticient light on the subject or not, or if those works
have become outdated , then in what respect they have become outdated,
and how and what changes be made in them, if any.
d) Procedure

The researcher must prescribe the techniques and tools he has used
forcollecting, organizing, analyzing, and interpretingthe data. The sources
of data tapped, the channels prepared, adopted and utilized, the nature of
data collected, their validity and reliability should be given in a clear and
lucid manner. Information about such data which was collected but not
used or rejected i.e relevant case and resembling cases and the methods
tried out not followed i.e doctrinal or non-doctrinal must also be examined.
Complex techniques of collecting data, their analysis and interpretation
should be explained in full.
e) Presentation of data
In empirical study, this aspect is more important than in the case of
doctorinal study. When statistical informations are assembled
to certain common factors in the form of
according
tables, depending on the type
of material at ones,
disposal, some may be found usual and some unusual.
Unusual data lead in a different direction, therefore they may be left aside.
Apart from this, statistical diagrams and maps etc may also be useful in
this regard.
f) Conclusion
The last portion of the main text is the conclusion which contains
ne researchers finding and the generalizations he has formulated on the
pasis of his study. He presents his contribution to the field of his study.
He must present logically and convincingly the utility of his findings. The
range of applicability of the conclusions should be indicated on the basis
OT the limitations of the sources. Both negative and positive results should
be produced in the conclusions. Recommendations or suggestions for further
Study in the field touched by the present work be also mentioned.
350 Legal Research Methodology Ch.IV, Syn.1

Style of the main text

therefore, it must possess
The main text is the report in the true sense,
the reader the basic
basic qualitics like accuracy and clarity. It must convey
research. The words used must
be simple,
purpose and objective of the
mind ofthe reader. A good style
appropriate and capable of penetrating the
with the use of technical
of presentation is one which combines simplicity

language.
use, should be avoided.
Words, senteices and phrases not in
common

with the final writing

A research report in the field of law may be compared
in the light of
the A judge writes his judgment
Judges.'
of judgment by both the parties as well as
the issues framed., the arguments put forth by
the law, a judge
the law to that particular case. While interpreting
relating
on a wider scale facing
tries to link the findings with issues and problems
like any other social scientist.
the society and in this process he generalizes
determines the future course of legal, political
and
A significant judgment
a thesis prepared lucidly,
even economic history of the society. Similarly,
parliamentarians,
beautifully and after a careful research may guidejudges,
future course of law.
law enacting and enforcing agencies in formulating

3) The end matters

The end matters contain the following items:
Footnote: It is part of the reference and performs the following

functions
quotation, para-phrases or idea
a) To acknowledge the source of a
borrowed by the author.
To present explanatory statements, quotations or supplementary
b) flow
materials which though important may interfere with the
of the textual material, if included in the main body.

Bibliography
It includes all references to related material. It furnishes a clue to
the quality of the report. It helps those interested in developing the problem
in
further or in studying another angle of the problem. The references
bibliography are arranged alphabeticaily sometimes by topic. Dy
divided
geographical locations, or by some other plan. Quite often, it is
into books, periodicals, reports and bulletins etc.,
1. P.S.Bhatnagar: Data Interpretation and Report writing J.ILI(1982) Vol. 24, NOS
2,3 and 4 page 784
2. P.S.Bhatnagar: Data Interpretation and Report writing JI L.191982) Vol.24 N
2,3 and 4 page 784
Ch.IV, Syn.1]
Data Processing and Analysis 351

Appendix
incl letters, questionnaires, tests or other tools used in collecting
Tables are placed in the appendix as they help those wishing to analvse
data.
study more closely. Materials in the appendix must appear in exactly
s a m e form as the one in which it has been used in the study.

Index
Index is a useful addition to any writing. It contains topics, sub-topics,
cross-index, names of authors arranged in alphabetical order.

Footnotes
Footnotes are produced at that end ofthe page on which the statement
to which the footnotes relates is given. It is produced as follows:
a) If a codified provision is to be produced, it should be produced
as under:

Article 19(1)(a) and Article 19(2) or Proviso to Section 3, Workmen's

Compensation Act 1923;
b) Ifa case decided by a Court is produced then it should be produced
as under:
H.H. Keshavanand Bharati Sripadagavelu v State of Kerala and others
A.I.R. 1973 1973 S.C. 1461 (A.I.R.): Al India Reporter, a Law reporter
1973; refers the year of publication of the case; S.C.- refers to the Supreme
number
Court i.e the Court which decided the case and 1461, refers the page
of the reporter on which the case appears; If the report is any other report
then
like S.C.C. (Supreme Court cases) or S.C.R. (Supreme Court Report)
is mentioned
in place of A.I.R. S.C.C. or S.C.R. along with volume number
case was decided not by the Supreme
e.g.3 S.C.C. 1012;2 S.C.R 445. Ifthe
the High Court in place of
Court, but by a High Court then the name of
Lid v Union
S.C. should be mentioned e.g. Ambalal Sarabhai Enterprises
of India A.I.R. 1948, Delhi 53,
then
is said in that case and it has been produced
specific
If anything
should
the page number of the report on
which that thing has been said
to the footnote e.g.
Ambalal
also be produced to give more authenticity
India, AlR 1984 Delhi 53 (64) If
Sarabhai Enterprises Ltd v Union of s a m e case has been
statements from different pages
of the report from the
referred as:
produced then it should be
Id.66,
Id.68, etc
352 Legal Research Methodology [Ch.IV, Syn.1

If the same reference is referred on the same page again and again
then only the expression "ibid'" is used. But if it occurs on the next page
then full reference is produced. where, however, foot notes are not produced
from page to page but in a serial order and a reference produced at an
serial number is going to be produced at a later serial number then
earlier
it can be produced as follows:
Supra Ref '5' or 'e' or
op. at Ref.5 or 'e'
Ifa reference is given at an earlier serial number and something specific
about it is said at a later serial number, then at the earlier reference number
it may be presented as follows:
Inpra .Ref No. 25' or 'y'
c)If a material has been produced from a book or from
() an article published or unpublished, then it should be produced
in the foot note as follows:
Julius Stone
Legal System and Lawyers 'Reasoning (Bombay) N.M. Tripathy
Pvt Ltd (1964) P.37
While presenting foot note the first name of the author comes
first, then second and then surname, then title of book or article,
place or publication; publisher, year of publication and specific
page number on which it is located.
(ii) Ifthe book or article is authorized by more than one but not more
three persons, then it should be produced in footnote like
this.
William J Goode, Paul K. Hatt, Methods in Social Research
(Auckland: Mc Graw Hill Book Company, 1952) Page 21.
(iii) If the book is written by more than three authors, then it should
be produccd like this:
William O.Stanley et al Social Foundation of Educations
(Newyork: The Dryden press Inc. 1956) Page 77.
(iv) If the book is edited by someone, then it should be
as follows:
presented
Oscar K. Buros ed: The Fourth Mental
Measurements Year Book
(Highland Park N.J. Gryphon Press, 1953) page 200
Ch.IV, Syn.1] Data Processing and Analysis 353

( I f author/authors /editor is not given, then it should be presented

as follows:

Author's guide (Eugle woodcliffs N.J: Prentice Hall Inc. (1955)

page 36.

(vi) Ifthe book is published by an institution, like association, agency

or society; it is not work of an individual or individuals; then
it should be presented in the footnote as follows:
Constitutional Developments since Independence . The Indian
Law Institute. New Delhi (Bombay: N.M. Tripathi Pvt Ltd 1975)
page 213.
(vii) lfa chapter in a book is written by a person other than the author
or editor of the book then it should be like this
Tichard A Lester: "Labour Policy in a Changing World" Part VIl
in the Criticai Issues in Labour. Max S. Workman Ed ( Collier-
Macmilan Ltd , London 1970) Page 449
(vii) Ifan article in found in an encyclopaedia it should be presented
as follows:
"New Harmony'" Encyclopaedia Britannica (1958 rev XVI, Page
305)
(ix) If the matter is a quotation from a primary source which cannot
be found, it should be presented as follows:
P.M. Bakshi, Legislative Relations and the Criminal Law Power
in Constitutional Development since Independence; Bombay.
N.M. Tripathi Pvt Ltd 1975) as cited by Colin Howard, Book
Review of Health, "Eighteenth Century Penal Theory 78 Hon.
L.R. 1100 (1964-65)
(x) If the matter belongs to the Newspaper articles:
Editorial in the Hindustan Times, Jan. 10, 1956

(xi) If the matter belongs to an unpublished thesis or dissertation:

"H.N. Tiwari, Law Relating Termination of employment in
Industrial Establishment in India (Unpublished Doctoral Thesis,
University of Allahabad 1993) Page 36.

Bibliography
A Bibliography differs from the footnote in the following respects:

1) It is not given on each page of the thesis, but in the end, after
the Chapter i.e Conclusion and before Index.
354 Legal ResearchMethodology [Ch.IV, Syn.1
2) In bibliography last name or surname of the author comes first.
If there are more than one author, then the last name of he first
author will come first,. but the names of the remaining authors
will appcar in their regular form i.e first name first, then 2nd
second and then the third or the surname in the last e.g.

Goode William Jand Paul K. Hall, Methods in Social Research,.

Auckland Mc.Graw-Hill Book Co.1952.

3. In bibliography Autor's name, title, place of publication;

Publisher. year of publication is given, Place of publication,
publisher and year is not given in brackets, but in footnote, it
is given in bracket.
4.
4 ln bibliography, total number of pages in book or in article is
given as follows:
615 PP". But in footnote only the relevant page is given as follows
Page 37.
5. Bibliography is produced alphabetically by last name or surname
of the first author e.g.
Krishna iyer, V.R. Law versus Justice, New Delhi; Deep& Deep
Publications. 1983 236 PP.
V.R. Krishna lyer, Law versus Justice (New Delhi : Deep& Deep
Publications, 1983) P.28)
Appendix
1 Anon- Anonymous
2) bk, bks book, books
3) cf-compare
4) col.,cols-column, columns
5) ed.eds.,-editor, editor; edition, editions
6) eg-for example
7) et al- and others
8) et seq- and the following
9) f., ft- and the following ( page, lines etc)
10) fig, figs.-figure, figures
11) ibid -same reference
12) idem-same serson
 Data Processing and Analysis
ch
M Syn.17
355
13) i.e-that is

fra- elow, beneath

4) in
14)

1 5 ) i l l u s - i l l u s t r a t e d

16) i n t r o . - i n t r o d u c t i o n

L.II- line, lines

17)
the place Cited/in the work cited
18) Loc.cit-
19) Ms-manuscript

20) No.noS.-number/numbers

21) op.cit.-previously cited

22) P.PP- page, pages

23) Pl., pls-plate, plates
24) Par., pars- paragraph, paragraphs
25) Pref.-preface
26) Pt..pts-part, parts
27) Rzev-revised
28) Sec., Secs-Section, Sections
29) Supra-above
30) Trans-translator, translated, translation
31) Vide-see
32) Vol.Vols.-Volume, Volumes.
for
-)omission in quoted matter upto one paragraph in length and
-

paragraph or more omitted, use a full line of alternating periods

spaces)
Typing of Report
C 1Ollowing rules should be observed for typing the research report:

distinct and legible;

copies of the report must be clean,
all copies.
errors should be corrected by erasing neatly on
Strike over should not be made.
I and
while typing, the machine should be so adjusted that
at the
side and 1" margin
n on the top end and left hand
bottom and right hand side is left.
erial should be typed on one side of the page only
 356 Legal Research Methodology [Ch.IV, Syn.2

5) Headings and sub-headings should be typed in bold letters and

be underlined.
6) Heading should be typed one forth-of an inch to the right of the
centre of the page to allow enough space for binding.
7) All textual material should be typed in double space, while triple
spacing should be allowed between different paragraphs or items.
8) An indention of seven spaces should be used at the beginning
of paragraphs, quotations and foot-notes.
9) Ditto marks should not used.
10) The pages belonging to the main text of the report are marked
in Arabic numerals on the upper right hand corner. The
page
beginning with Chapter I is page 1, but is not numbered as page
1. Numbering of pages in Arabic numerals which begins from
the main text continues till the end of the
typed matter including
the end matter of the thesis as well.
11) The chapters of the main text are to be numbered in big Roman
numeralIs.
2. Legal Research and Law Reforms
Legal research is "the process of identifying and retrieving information
necessary to support legal decision-making. In its broadest sense,
research includes each step of a course of action that legal
of the facts of a problem and concludes with
begins with an analysis
the application and
communication of the results of the
investigation."
The processes of legal research
vary according to the country and
the legal system involved. However,
legal research generally involves tasks
such as
1) Finding primary sources of law, or
primary
authority, ingiven
a
jurisdiction (cases, statutes, regulations, etc.);
2) Searching secondary authority (for
dictionaries, legal treatises, example, law reviews, legal
and
background information about a legallegal encyclopedias), for
topic; and
3) Searching non-legal sources for
information. investigative or supporting
egal rescarch is performed by
nation, including lawyers, law anyone with a need for legal
0 a l infornmatics librarians, and paralegals, Sourses Ni