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BISHOP STUART UNIVERSITY

FACULTY OF LAW
RESEARCH METHODS.
GROUP 4 – RWAKAFUZI.

1. ATUHAIRE NICHOLUS 20/BSU/LLB/2110


2. MUKAMATUKWATSE LEVIS 20/BSU/LLB/1427
3. ASIIMWE WINFRED 20/BSU/LLB/1513
4. AMANYA JORDAN 20/BSU/LLB/1954
5. ATURINDA JOANITAH 20/BSU/LLB/1512
6. TINDIMWEBWA BENSON KIBINGO 20/BSU/LLB/1454
7. AHUMUZA PHILLIP 20/BSU/LLB/1449
8. NUWAMANYA BYOONA 20/BSU/LLB/2120
9. MUGABI BRILLIANT 20/BSU/LLB/1458
10. BITWIRE YVONNE MELLISA 20/BSU/LLB/1509
11. NAHABWE EPHRATAH 20/BSU/LLB/1493

1. MIXED METHODS OF RESEARCH


2. SOURCES OF INFORMATION/DATA.
3.
MIXED METHODS OF RESEARCH.
According to Lydiah Wambugu1, she defines mixed method of research means a systematic inquiry
which mixes both quantitative and qualitative simultaneously or sequentially in a single study or a
series of studies in data collection, analysis and interpretation of research findings.
The advocates of this method of study argue that it allows construction of multiple and varied
research questions. This strategy thus amplifies the strength of the two approaches be it qualitative or
quantitative.
But this does not mean that mixed method of research produces research findings of higher quality
than a single study. It is not because a study is always guided by the problem, research questions and
analysis are always required.
Mixed methods research incorporates qualitative and quantitative research elements to propose a
solution for a research problem. When used together, quantitative and qualitative methods provide
more comprehensive findings than the use of each method alone.
Qualitative methods alone are used to study natural phenomena using observations, interviews, and
analysis of text data.
Quantitative research involves numerical analysis of quantifiable variables. Mixed methods research
is often used in research cases with various variables and data sets such as social and behavioural
sciences.
Mixed method research approach can be used when the research problem is complex and
requires a holistic understanding that encompasses both quantitative and qualitative data. Researchers
can use the mixed method approach when they want to increase the validity of the study results,
expand the scope of the research question and gain deeper into the research problem. 2
It should be noted that this kind of approach requires considerable expertise and careful planning
since it involves using both qualitative and quantitative methods of data collection. These methods
quire through understanding of both types of research methods to be able t integrate them effectively. 3
More so the validity and reliability of mixed method research findings also depends on the
researchers’ ability to integrate both methods effectively and report findings in a clear and
transparency.
Mixed methods research is best used when your research displays variables with both qualitative
and quantitative characteristics. You can use mixed methods research to formulate generalizable
findings, often limited by a standalone quantitative approach.
In addition, using mixed methods research lends credibility to your research findings. By showing
how you applied different research methods, your work can hold up under scrutiny since you have
covered several aspects. Highlight how your research question will deploy quantitative and qualitative
techniques and why it is necessary to use both through mixed methods research.
For example, you want to study road safety on a particular road. You can take a purely quantitative
approach if your main metric is the daily average number of road accidents and in which sections they
happen. For a qualitative study, you can interview drivers on their thoughts on driving in certain road
sections.

1
Lydiah Wambugu, “Research Methods: Theory & Practice” 2015, p.54
2
Creswell, J. W., & Plano Clark, V. L. “Designing and Conducting Mixed Methods Research” 3rd ed., 2018.
3
Research Methodology, Methods and Techniques by C.R. Kothari
A mixed methods research approach seems like the most appropriate way to answer both questions to
uncover deeper insights. It can find cause and effect relationships between qualitative and quantitative
variables in a detailed study.
For this research problem, a mixed methods research framework may explore whether the sections
drivers deem to be more hazardous report more accidents.
However, it should be noted that mixed methods research doesn’t just imply qualitative and
quantitative data collection. Both methods should complement each other to answer a common
research problem.
The central premise of using mixed methods research is that it makes the most of the strengths of
each data type while neutralizing their weaknesses. Researchers combine qualitative and
quantitative methods to expand their evidence, improve the credibility of their findings, and
illustrate the results from one method with the results from the other one.

MIXED METHODS OF RESEARCH DESIGNS (MMR-DESIGNS)


A research design is the arrangement of conditions for collection and analysis of data in a
manner that aims to combine relevance to the research purpose with economy in procedure4.
A mixed methods research design is a procedure for collecting, analysing, and “mixing” both
quantitative and qualitative research and methods in a single study to understand a research
problem.
To utilize this design effectively, you must understand both quantitative and qualitative
research. A mixed-methods design, therefore, offers the best chance of answering research
questions by combining two sets of strengths while compensating at the same time for the
weaknesses of each method.
Key characteristics of mixed methods research design
Rationale: There are test findings of first phase (for instance quantitative results), explaining
results of first phase in more detail (qualitative results) and then providing a more complete
understanding than either quantitative or qualitative alone (after the two have been merged to
come up with an appropriate solution to the problem).
Collecting both quantitative and qualitative data (Numeric data and text data).
Priority: The quantitative and Qualitative methods of research carry equal weight. In that,
quantitative carries more weight than qualitative and likewise qualitative carries more weight
than quantitative.
Sequency:
Collect both quantitative and qualitative data at the same time.
Collect quantitative data first, followed by qualitative data.
Collect qualitative data first, followed by quantitative data.

4
C.R. Kothari, “Research Methodology-Mehods & Techniques”, Revised 2nd ed., 2004, p.32
There are different types of mixed methods research designs. The differences between them
relate to the aim of the research, the timing of the data collection, and the importance given to
each data type.
The major designs used in Mixed Method Research include the following.
i) Explanatory sequential design,
ii) Exploratory sequential design,
iii) Embedded/nested design, and
iv) Parallel design. They are discussed in detail hereunder.

1. Explanatory sequential
In this design, firstly, a quantitative strand is designed and implemented, and later the specific
quantitative findings which will be explained is decided. Secondly, a qualitative strand is
designed and developed to explain the quantitative findings. And finally, the quantitative
results are summarized and interpreted5.
In an explanatory sequential design, your quantitative data collection and analysis occurs
first, followed by qualitative data collection and analysis. In other words, the researcher first
collects and analyses quantitative data whereafter he/she proceeds to gather and analyse
qualitative data.
This approach best applies to a research problem where researchers believe that the
qualitative data will explain the quantitative analysis to get a real solution to the problem
being handled.
Therefore, a researcher should use this design if he/she thinks that qualitative data will
explain and contextualize the quantitative findings.
For example.
You analyse the accident statistics first and draw preliminary conclusions about which areas
are most dangerous. Based on these findings, you conduct interviews with cyclists in high-
accident areas and analyse complaints qualitatively.
You can utilize the qualitative data to explain why accidents occur on specific roads and take
a deep dive into problem areas.
What is the purpose of explanatory sequential design?
To use qualitative data to help explain quantitative results that need further exploration.
To use quantitative results to purposefully select best participants for qualitative study.
When can this explanatory design be used?
This design is useful when a researcher and research issue is more quantitatively oriented;
when s/he has already identified a variable to measure; when s/he has an ability to access the
participants to collect the qualitative data; when s/he has time to collect data in two phases;
and when s/he is the sole investigator, collecting and analysing the data one at a time.

5
Creswell, J. W., & Plano Clark, V. L. “Designing and Conducting Mixed Methods Research” 3rd ed., 2018
What are some of the merits of explanatory sequential design?
Appealing to quantitative researchers
Straightforward to implement two phases.
Final report can be written in two phases.
Lends itself to emergent approaches.
What are some of the de-merits of explanatory sequential design?
Two phases require lengthy time to implement.
Need to decide what results to follow up.
Must decide criteria for selecting participants.
Need to contact participants for a second round of data collection.

2. Exploratory Sequential Design.


This design is used to investigate a research question when the researcher has limited
knowledge or understanding of the topic6.
It is conducted to investigate a problem that is not clearly defined, has been under
investigated or is otherwise poorly understood.
In this approach, the researcher examines qualitative data points and then collects and
analyses quantitative data sets.
There are several types of exploratory research, and they include,
a) Literature review, this involves collecting a comprehensive review of the existing
literature on the research topic. It helps to identify the gap between the existing
knowledge and to develop new research questions.
b) Pilot study, this can help in identifying any potential problems or issues with the research
design and refining the research procedures for a larger scale study, it being a small-scale
preliminary study.
c) Case study, this involves an in-depth analysis of a particular case to gain insights into the
underlying causes, processes, and dynamics of the issue under investigation. It can be
used to develop a more comprehensive understanding of the problem.
d) Focus study, this involves a focus on a group discussion that is conducted to gather
opinions, attitudes, and perceptions from a small group of individuals about a particular
topic.
e) Expert opinion, this involves consulting experts or professionals in the field to gain their
take on the research topic.
f) Open ended surveys, these allow respondents to provide detailed and unrestricted
responses to questions, providing valuable insights into their attitudes, opinions and
perceptions.

6
https://researchmethod.net/exploratory-research
Exploratory research can be conducted in the following ways.
a) Defining the research problem, the researcher identifies the research problem or
question that they want to explore.
b) Reviewing the existing literature, this helps to identify what is already known and where
gaps in the knowledge exist.
c) Determining the research design, here the researcher determines which design to use in
their research.
d) Collect data, here data is collected using the chosen research design.
e) Analysing data, this is done using the quantitative approach or the qualitative technique.
f) Interpreting and reporting the findings of the analysis, this should be clear and
understandable.
Exploratory design is appropriate in situations where there is limited existing knowledge or
understanding of a topic and where the goal is to generate insights and ideas that can guide
further research and they include.
a) When developing a new product, this method can be used to identify consumer needs
and preferences as well as potential design issues.
b) When exploring emerging technologies, it can be used to identify potential uses and
applications as well as potential challenges.
c) When developing new research methods, it can be used to identify potential issues or
limitations with existing methods and to develop new methods that better capture the
issue.
The purpose of exploratory research is to gain insights and understanding of a research
problem or question where there is limited existing knowledge or understanding. The
objective is to explore and generate ideas that can guide further research rather than to make
definitive conclusions.
Exploratory research can be used to,
a) Identify new research questions.
b) Identify patterns and trends.
c) Understand complex phenomena.
d) Generate new ideas.
Exploratory research has the following characteristics.
a) It is flexible and open ended.
b) It is qualitative in nature.
c) It has a limited scope.
d) It is preliminary in nature.
Exploratory research has the following advantages.
a) It provides initial insights and understanding of the research problem where there is
limited knowledge.
b) It is flexible and adoptable.
c) It is cost effective.
d) It provides a foundation for further research.
The limitations of exploratory research include.
a) Difficulty in interpretation because of the open-ended nature of the research.
b) It is time consuming.

3. The Embedded Design


Embedded design is where the researcher collects and analyses quantitative and qualitative
data within a quantitative research design, qualitative research design or research procedure7.
Under this design, the collecting and analysis of secondary data set occurs before, during, and
or after the primary methods.
The purposes for the embedded design are,
a) To address different questions that call for different methods.
b) To enhance an experiment such as by improving recruitment procedures, examining the
intervention process and explaining reactions to participation.
The embedded design can be used in the following situations or cases.
a) When the researcher has expertise with the primary design.
b) When the researcher is comfortable with the primary orientation.
c) When the researcher has little prior experience with the supplemental method.
d) When the resources limit placing equal priority on both methods.
e) When the need for a secondary data set emerges.
The strengths of the embedded design include.
a) It may require less time and fewer resources.
b) It improves the larger design with supplemental data.
c) It well fits the team approach.
d) It may be able to publish results separately.
e) It is appealing to those accustomed to traditional designs.
And the challenges of the embedded design are as follows.
a) There is need for expertise in primary design and mixed methods.
b) The need to specify purpose for collecting the supplemental data.
c) The need to decide when to collect supplemental data.
d) The results are difficult to integrate.
e) The need to consider the treatment of bias if qualitative data is collected during the
experiment.

4. Convergent Parallel design.

7
Light, G.et al. Assessing the impact of a year-long faculty development program on faculty approaches to
teaching. International Journal of Teaching and Learning in Higher Education, (2009)20(2), 168-181.
A convergent parallel design entails that the researcher concurrently conducts the quantitative
and qualitative elements in the same phase of the research process, weighs the methods
equally, analyses the two components independently, and interprets the results together8.
With the purpose of corroboration and validation, the researcher aims to triangulate the
methods by directly comparing the quantitative statistical results and qualitative findings. In
the research process, two datasets have been obtained, analysed separately, and compared.
A convergent design that follows pragmatism as a theoretical assumption, is an efficient and
popular approach to mixing methods research9. Two different approaches namely qualitative
and quantitative methods are mixed to obtain the triangulated results in this design. At first,
two types of data sets are collected concurrently, and secondly, they are analysed
independently using quantitative and qualitative analytical approaches10
In a convergent design, the integration of both data will help a researcher gain a complete
understanding of the one provided by the quantitative or qualitative results alone. It is an
approach in which two data sets are combined to get a complete picture of the issue being
explored and to validate one set of findings with the other11.
For instance, if a researcher is examining experiences of using digital technologies in
education, s/he administers a survey and conducts interviews with teachers and students to
understand the issue. A researcher collects quantitative data from a survey and qualitative
data from interviews and examines if the findings obtained from these two different data sets
converge or diverge. In case the results diverge, the researcher explains the finding by re-
examining the results and collecting more data or explaining the quality of the dataset.
"The intent of integration in a convergent design is to develop results and interpretations that
expand understanding, are comprehensive and are validated and confirmed12" argue that
convergent studies are apt designs for integration as both data results are available when
interpretation is planned.
In the analysis phase, a researcher can always look for the common concepts across both sets
of findings. Integration in convergent design can be done in two ways: a) by presenting
findings of the qualitative study followed by the quantitative study or vice versa or b) by
transforming the qualitative data into counts and integrating the transformed qualitative
dataset into quantitative data13. In the latter case, a researcher can count the identified codes
or themes.

Advantages of Mixed Methods Research

8
Creswell, J. W., & Plano Clark, V. L. “Designing and Conducting Mixed Methods Research” 3rd ed., 2011.
9
Creswell, J. W., & Plano Clark, V. L. “Designing and Conducting Mixed Methods Research” 3rd ed., 2018
10
Schoonenboom & Johnson, 2017; Shorten & Smith, 2017; Creswell and Plano Clark, 2018; Wisdom &
Creswell, 2013).
11
Supra (see footnote 9)
12
Ibid p. 221)
13
ibid.
Combining the two types of data means you benefit from both the detailed, contextualized
insights of qualitative data and the generalizable, externally valid insights of qualitative data.
The strengths of one type of data often mitigate the weakness of the other.
Method flexibility. Mixed methods are less tied to disciplines and established research
paradigms. They offer more flexibility in designing your research, allowing you to combine
aspects of different types of studies to distil the most informative results.
Mixed methods combine theory generation and hypothesis testing within a single study,
which is unusual for standalone qualitative or quantitative studies, this increases the validity
of your research.
Combining quantitative and qualitative can balance out the limitations of each method.
Using mixed methods research provides stronger evidence and more confidence in a
researcher’s findings and this in turn makes the researchers work more reliable.
Mixed methods research gives you more granular results than each individual method.
A good example that can illustrate how advantageous mixed methods of research can be is
the 25th Annual Report on the State of Human Rights and Freedoms in Uganda in 2022 that
was published on May 19th, 2023. Chapter one discusses the escalating prices of fuel and
essential goods in Uganda in 2022, it focuses on the high petrol, diesel, laundry soap and
cooking oil prices. The UHRC monitored escalating prices of the above mentioned and their
human rights implications in selected districts in the country in abide to establish factors
responsible for the escalation in prices as well as its human rights implications on the general
living conditions particularly for the vulnerable populations. The UHRC further sought to
establish interventions made by the government to mitigate the effects on the welfare of the
people to make informed recommendations to the government of Uganda.
In more detail provided in the report, we can see the use of both the quantitative and
qualitative data that enable the organisation give recommendations based on conclusive facts
and therefore that are effective, additionally the research used in drawing said conclusions is
credible and reliable making it easier for the Government to take action on the
recommendations and research done by the organisation.

Disadvantages of Mixed Methods of Research


It can be more complex to carry out.
It may require more expertise to collect and analyse data, and to interpret the results, than
using one method would.
The researcher must have both experiences in both quantitative and qualitative research.
Combining different methods requires extra resources, such as time and money.
The researcher must experiment to achieve the correct mix.
It may be difficult to combine or interpret data.
Spend more time on research.
Quantitative questions may end up measuring different constructs to qualitative.
Lack of integration in many studies.
Viktorija Arsic, in her reaction to an article on mixed methods or research, commented that
Policy analyst at Pauktuutit Inuit Women of Canada,
When there are conflicting results, it can be hard to interpret them.
Comparing results can be difficult because there are two contrasting types of results from
qualitative and quantitative data.
A researcher might make assumptions that bias their study, particularly if they prefer one
method over the other.
Conducting mixed methods research means putting double the effort in for research design,
conducting research, data analyst and presenting research14.
Relevance of Mixed Methods of Research
A mixed research method offers several benefits to approaching complex research issues as it
integrates philosophical frameworks of both post-positivism and interpretivism15.
Interweaving qualitative and quantitative data in such a way that research issues are
meaningfully explained16.
Enable the triangular r corroboration of the data or results from different sources or methods,
thus increasing the validity or trustworthiness of the research.
It uses qualitative and quantitative data in one single study.
It broadens the range of perspectives the evaluation can bring to the complex development
questions being studied17.
They allow for the exploration and explanation of the findings from one approach with the
data or results from another approach, thus enhancing the interpretation r understanding of
the research.
In addition, they can address the limitations or gaps of new approach with the strengths or
advantages of another approach, thereby improving the quality or rigor of the research18.

14
www.linkedin.com (comment section)
15
Dawadi,S.,Shrestha,S.,& Giri,R.A, “Mixed-Methods Research” 2021 P.27

16
Ibid
17
Michael Bamberger, International Initiative for Impact Evaluation,13 th May 2022
18
www.linkedin.com (what are the benefits and challenges of mixed methods of research),6 th September 2023
INFORMATION/DATA.
Data can be defined as individual facts while information can be defined as the organisation
and interpretation of those facts to make informed decisions.
Information/data is in two forms. That is:
Primary data according to Kothari is that information which is collected afresh and for the
first time and thus happens to be original in character 19. In other words, it is information that
is collected directly from the data source by researcher (real-time collection) without going
through any existing sources.
Secondary data means the information which has been collected by some one else and
which has already been passed through the statistical process20.
On the other hand, sources of data refer to the place or person from whom the data is
obtained. It is the origin or beginning point of the data.
Sources of information/data are two. That is, primary sources and secondary sources.
Primary sources of information.
Government agencies. For example, census bureau, Bureau of Labour Statistics,
Environmental Protection agency, Police Records Department, Court Registries, health
centres among others.
Academic Institutions. For example, Universities and Research Organisations.
Private companies. For instance, if we are discussing a market research report, the sources of
data might include surveys conducted by a private research firm.
Individuals. That is through surveys, questionnaires, interviews, focus groups and personal
observations through interaction with these individuals.
NB: The method used to acquire information/data in respect of the above sources largely
depends on the source itself. For instance, in addressing the problem of case backlog in the
judicial system, a researcher obtaining information from individuals as the source of
information may use almost all the methods of research however when dealing directly with
the Court, interview and observation are most appropriate.

Advantages of primary sources of data.


You collect exactly the data elements that you need to answer your research question.
You can test an intervention, such as an experimental drug or an educational program, in the
purest way (a double-blind randomized controlled trial.
You control the data collection process, so you can ensure data quality, minimize the number
of missing values, and assess the reliability of your instruments.
Disadvantages
19
C.R. Kothari, “Research Methodology-Mehods & Techniques”, Revised 2nd ed., 2004 p.95
20
ibid
They are costly because of the high cost of implementation.
They are time consuming.
Difficult in obtaining information especially in sensitive or secretive topics. For instance,
research on abortion to be obtained from private clinics and even individuals may not be
obtained for fear of incrimination.

SECONDARY SOURCES OF INFORMATION


Secondary data means data that is already available. It refers to data which have already
been collected and analysed by someone else. This means it was once primary data but
become secondary when used by a third party21.
While using secondary data a researcher must be careful. He must make a scrutiny because it
is possible that the secondary data may be unsuitable or inadequate in the context of the
problem which the researcher wants to study. He must know its meanings and limitations.
Before using secondary data, it must possess following characteristics:
1. Reliability: This can be tested by finding out somethings about the said data for example,
who collected the data, its sources, whether it was collected using proper methods, what time
it was collected, was there any bias of the compiler, what level of accuracy was desired and if
it was achieved.
2. Suitability of data: The researcher must carefully scrutinise the definition of various terms
and units of collection used at the time of collecting the data from the primary source
originally. Similarly, the object, scope and nature of the original enquiry must also be studied.
If the researcher finds differences in these, the data will remain unsuitable for the present
enquiry and should not be used.
3. Adequacy of data: If the level of accuracy achieved in data is found inadequate for the
purpose of the present enquiry, it should not be used by the researcher.
The already available data should be used by the researcher only when he finds them reliable,
suitable and adequate, from authentic sources22.
Secondary sources:
A secondary source Is anything that describes, interprets, evaluates, or analyses information
from primary sources. These are works which summarise, interpret, recognise or otherwise
provide an added value to a primary source 23. They provide second hand and commentary
information.
Secondary sources furnish information derived from primary authority. They are writings of
legal scholars, describing, interpreting, analyzing, summarizing and criticizing the law. These
sources may contain pictures, quotes, or graphics of primary sources.
They often try to describe or explain primary sources. An author of a secondary source may
be distant in time or geography from the primary source analyzed.

21
C.R. Kothari, “Research Methodology Methods and Techniques” 2nd Revised 2004.
22
Ibid
23
Research Methods by Olive M Mugenda PHD at page 167.
They are documents that interpret or discuss the primary sources24.
Authors of research studies cite secondary sources to support arguments, formulate new
theories, or argue against existing information in the field. Using secondary sources,
researchers reinforce theories or arguments based on primary sources.
Secondary sources are plain language writings about the primary sources. They are
commonly used when one does not know anything about the topic he is researching about as
they explain the basic concepts in primary sources making it easier to read them hence
deepening and expanding the research. Also used when you want to compare how different
(states) handle a specific issue.
Finding the appropriate secondary source will depend in larger part on where you research.
You will therefore need sources that provide much more specific treatment to your legal
issue25.
Examples of secondary sources of data include; textbooks, edited works, books, and articles
that interpret, or review research works, biographies, literary criticism and interpretation,
reviews of law and legislation, political analyses, and commentaries, journals, magazines and
newspapers26. These provide published data.
Other sources provide unpublished data and include diaries, letters, unpublished biographies
and autobiographies and maybe available with scholars and research workers, private
individuals and organisations.
Encyclopedia. This is a book of information in the form of condensed articles on every
subject. It is more detailed than a dictionary. It provides meanings and historical background
of concepts, important theories, names and references of major words.
Examples include The Halsbury’s Laws of England27, which gives detailed and upto date
account of statutes and of law on a particular subject, an Encyclopedia of Definitions and
Interpretations of Legally Significant Words and Phrases’ (published by St Paul, Minn. West
Publishing Co, USA), Legal encyclopedia of American jurisprudence 2nd edition on lexis and
west law and Wikipedia that is available online.

Law Dictionaries. These give different meanings of legal words during research. They
contain an alphabetical listing of words with their meaning, spelling, pronunciation and
grammatical usage. Eexamples include Nolo Law Dictionary 1st Edition by the Editors of
Nolo, Gerald N. Hill and Kathleen Thompson Hill, Webster’s Law Dictionary by Susan Ellis
Wild, Legal Editor, Osborne’s Concise Law Dictionary by P.G. Osborne and Blacks’ Law
Dictionary, 6th edn, 1990 by Bryan A Garner.
Bibliographies. These give identification or description of writings or publications. It is
usually a list with descriptive words or critical notes of writings relating to a particular
subject, period or author28.

24
Legal Research How to find and understand the law 18th edition by editors of Nolo p25
25
Legal Research How to find and understand the law 18th edition by editors of Nolo pg26
26
https://www.scribbr.com/working-with-sources/primary-and-secondary-sources/ (07/09/2023)
27
Halsbury’s Laws of England (published by Butterworths, London, in a series of volumes),
28
Bibliography Definition & Meaning - Merriam-Webster
https://www.merriam-webster.com/dictionary/bibliography. (07/09/2023)
Indexes. These are alphabetical listing of subjects and authors of literature included therein.
An index is a detailed list of names, terms, subjects, places or other significant items in a
complete work with exact page or other reference to material included in the work29.
So, it helps to quickly recall or retrieve most relevant information and facilitates the
identification or selection of the desired documents and provides comprehensive overview of
the subject.
Review. This is an integrated and organized discussion of the literature pertaining to a well-
defined subject.
Journal articles. These are academic documents on several subjects of law, and they can also
be used as sources of information during the process of legal research.
Abstracts. These are brief statements of the contents of research articles published in
periodicals without approval. They provide a simplified key to find relevant studies from the
vast literature on the subject.
A thesaurus. This is a book of words grouped by ideas. Its basic purpose is to help identify
synonymous and find the exact word. For example, Roget’s Thesaurus (Christopher
Orlando Sylvester Mawson, Roget’s International Thesaurus (Oxford, New Delhi, 1978)
accomplishes this task for the English language thus Thesauri are compilations of the
vocabulary used to identify concepts in the literature within a given area.
Websites. These present, share or display some information online30.
Newspapers. These are printed papers distributed usually daily or weekly and contain news,
articles of opinion, features and advertising31.
Manuals and guides on how to practice law for example Washington lawyers practice
manual. They discuss national treatment of legal areas and include citations to primary
authorities.

Differences between primary sources and secondary sources of information/data.


a) Primary sources are often more difficult to read and digest but contain original and unique
data and carry legal weight, which is directly collected by the researcher from a source
such as observations, surveys, questionnaires, case studies and interviews according to his
requirements.
Secondary sources are documents that interpret or discuss the primary sources. They are
very detailed, very law intensive and very helpful while others might provide only a
broad, general overview of a topic. This might include legal journals, newspaper articles,
online posts, and so forth.

29
William A. Katz, “Introduction to Reference work”, Vol 1 1969 p.92.
30
Website Definition & Meaning - Merriam-Webster https://www.merriam-webster.com/dictionary/website
(07/09/2023)
31
Newspaper Definition & Meaning - Merriam-Webster
https://www.merriam-webster.com/dictionary/newspaper (07/09/2023)
b) Courts give much more weight to primary sources than they do to secondary sources as
they are real-time and factual and aims to address the specific research problem at hand
only. They guide courts on what legal scholars say about a legal principle, and courts
want to see the actual source of the law itself as they are more valid, authentic, objective,
and reliable for research. 32
On the other hand, secondary sources provide much more specific treatment of your legal
issue, are a logical place to start when you do not know anything about the topic you are
researching. A secondary source can often explain the basic concepts you’ll encounter in
primary sources, and often cite to primary sources, thus helping to deepen and expand
your research.33
c) Once you have a primary source, you must ensure that it is still “good law since
legislatures pass new laws, courts overrule previous decisions by lower courts, and
administrative regulations are amended or repealed. All this means that even once you’ve
found a relevant primary source, you must ensure nothing has happened in the meantime
that undermines its validity. The court will certainly want to see it in original form, where
primary sources do lie, which makes primary sources are the quickest way to get the most
up-to-date information.34
Courts issue new decisions or the legislature passes new laws and these changes are not
reflected in secondary sources based on different locations which include newspapers to
books to legal texts available only in law libraries as they are not updated to the date but
in fact they are reproduced in new editions leaving the person reading the previous
information with no valid information at all.

Similarities between primary sources and secondary sources of information/data.


Primary data and secondary data are two types of data that are commonly used in research
and analysis. While they have their differences, there are also several similarities between the
two.
1. Source of Data
Both primary data and secondary data are sources of information used in research. Primary
data refers to the original data collected firsthand by the researcher specifically for the
purpose of the study. It is obtained directly from individuals or entities through surveys,
interviews, observations, experiments, or other data collection methods. On the other hand,
secondary data refers to existing data that has been collected by someone else for a different
purpose. It can be obtained from various sources such as government agencies, research
institutions, academic publications, or online databases.
2. Purpose and Utility.
Both primary data and secondary data serve specific purposes in research. Primary data is
collected to address specific research questions or objectives and is tailored to meet the needs

32
Legal Research How to Find Understand the Law (Stephen Elias, Editors of Nolo) pg 22
33
Steven M. Barkan, Barbara Bintliff & Whisner, M. “Fundamentals of Legal Research”, 10th ed., (2015).
34
Supra (see foonote 32)
of the study. It allows researchers to gather firsthand information that is relevant and specific
to their research topic. Secondary data, on the other hand, is collected for various purposes
unrelated to the current study. However, it can still be useful in research as it provides a
broader context, historical perspective, or comparative analysis. Secondary data can be used
to validate or complement primary data findings or to conduct meta-analyses.
3. Data Analysis.
Both primary data and secondary data require analysis to derive meaningful insights and
draw conclusions. In both cases, researchers need to apply appropriate statistical or analytical
techniques to interpret the collected data accurately. The analysis process involves
organizing, cleaning, coding, and transforming the raw data into a format suitable for
analysis. Researchers need to ensure that the analysis methods used are appropriate for the
type of data being analysed and align with the research objectives.

4. Limitations.
Both primary data and secondary data have their limitations that researchers need to consider
when using them in their studies. Primary data collection can be time-consuming, costly, and
require significant effort to ensure data quality and reliability. It may also be challenging to
obtain a representative sample or access certain populations. Secondary data, on the other
hand, may have limitations in terms of relevance, accuracy, or availability. Researchers need
to critically evaluate the quality and reliability of secondary data sources before using them in
their research.
5. Contains the Same Content.
Secondary data was once primary data when it was newly collected by the first researcher.
The content of the data collected does not change and therefore has the same content as
primary data.
It doesn’t matter if it was further visualized in the secondary form, the content does not
change. A common example of these are definitions, theorems, and postulates that were made
years ago but remain the same.
6. Uses.
Primary data and secondary data are both used in research and statistics. They can be used to
carry out the same kind of research in these fields depending on data availability. This is
because secondary data and primary data have the same content. The only difference is the
method by which they are collected.
Since the method of collection does not directly affect the uses of data, they can be used to
perform similar research. For example, whether collected directly or from an existing
database, the demography of a particular target market can be used to inform similar business
decisions.

Advantages of both primary and secondary sources of information/data.


a) Advantages of using primary data
Primary data is specific to the needs of the researcher at the moment of data collection. The
researcher can control the kind of data that is being collected.

It is accurate compared to secondary data. the data is not subjected to personal bias and as
such the authenticity can be trusted.

The researcher exhibits ownership of the data collected through primary research. He or she
may choose to make it available publicly, patent it or even sell it.

Primary data is usually up to date because it collects data in real time and does not collect
data from old sources.

The researcher has full control over the data collected through primary research. The
researcher can decide which design, method and data analysis techniques are to be used in
their research.

Primary data can give you direct and detailed insights into your target audience and their
needs, preferences and behaviors.

Primary data can also help you generate new ideas, hypothesis or solutions for your strategy
and creative briefs.

Primary data can also give you a competitive edge as you can access data that is not available
to others.

Advantages of using secondary data.


Secondary data is easily accessible compared to primary data. Secondary data is available on
platforms that can be accessed by the researcher.

Secondary data is very affordable, it requires little to no cost to acquire them because they are
sometimes given out for free.

The time spent on collecting secondary data is usually very little compared to that of primary
data.

Secondary data makes it possible to carry out longitudinal studies without having to wait for
a long time to draw conclusions.

It helps to generate new insights into existing primary data. This comes as a result of enabling
the researcher identify gaps or opportunities in your line of research or validate or challenge
your assumptions.

Secondary data can also provide a researcher with a broader and deeper perspective on their
target audiences, as they can access data from different regions, segments or time periods.
Disadvantages of both primary and secondary sources of information/data (Ephrata)
i) Sufficiency. It can be tempting to choose secondly data and hence the may be
insufficient levels for instance data to answer for own questions.
ii) Accuracy/dependability. If the source is not viable it puts any conclusions drawn by
your own study into question. So it is important to access the source of the data thus
how valid and reliable it may be.
iii) Availability. Sometimes it is impossible to find the data you need in terms of the
participants, number and other variables in the fields of study. Meaning that primary
data must be used despite its own disadvantages.
iv) Accessibility. Even if all the other disadvantages have been overcome, primary data
can still be challenging due to issues of access to the right population or sample. For
instance, a researcher may have access to a broad student body but may want to
examine the effect of a phenomenon on those at 4. The question then arises as to how
you access the required number of participants.
v) Lack of knowledge of experience. Interviewing respondents and ensuring they give
appropriate answers requires a very specific skill in particular in ensuring that the
questions paused, whether multiple choice up open ended are not biased in any way.
If the survey instruments used are not objective or lead to respondent to a
particular answer, due to the lack of knowledge and experience of the researcher,
this can lead to skewed results and an unviable study.
vi) Costs. Time and resources involved in preparing the data, collecting a relevant data
and others can be expensive.
vii) Demands a lot of time. Not only is the time involved in gathering and analysing the
data, but also the need for a clear and focused research, plan, development of surveys
instruments such as questionnaires or interviews and other experimental conditions.
All of these take a lot of time and resources that may not be viable within the scope of
study or research process.
viii) Lack of comparison.
ix) As seen in the feasibility section, while the internet and web-based surveys can
alleviate this issue, being able to ensure that the sample who responds meet all four,
participants criteria is often difficult making it harder to collect reliable data.
REFERENCES
TEXT BOOKS.
1. Lydiah Wambugu, “Research Methods: Theory & Practice” 2015
2. Creswell, J. W., & Plano Clark, V. L. “Designing and Conducting Mixed Methods
Research” 3rd ed., 2018
3. C.R. Kothari, “Research Methodology-Mehods & Techniques”, Revised 2nd ed.,
2004.
4. Steven M. Barkan, Barbara Bintliff & Whisner, M. “Fundamentals of Legal
Research”, 10th ed., (2015).
5. William A. Katz, “Introduction to Reference work”, Vol 1 1969
WEBSITE
1. www.linkedin.com (what are the benefits and challenges of mixed methods of
research),6th September 2023
2. https://www.scribbr.com/working-with-sources/primary-and-secondary-sources/
(07/09/2023)

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