PROJECT
REPORT ON
Nature, Scope and Objectives of Legal
Research
IN PARTIAL FULFILLMENT FOR THE REQUIREMENTS OF THE
COURSE B.COM LL.B. (HONS.) IN THE SUBJECT
OF
Research Methodology
UNIVERSITY INSTITUTE OF LEGAL STUDIES,
PANJAB UNIVERSITY
SUBMITTED TO- SUBMITTED BY-
DR. GULSHAN KUMAR DINKAR JAIN
UILS,PU,CHD. 212/20
B.COM LL.B. SEC-D
SEMESTER - VI
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ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher
Dr. Gulshan Kumar who gave me the golden opportunity to do this
project on the topic “Nature, Scope and Objectives of Legal
Research”. While doing research on this project, I came to know
about a lot of things related to this topic.
Finally, I would also like to thank my friends who helped me a lot
in finalizing this project within the limited time frame.
Dinkar Jain
B.Com. LL.B.
Section – D
212/20
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OBJECTIVES OF THE STUDY
The present study has been undertaken with the sole objective of-
1) Understanding the meaning, nature and scope of Legal Research.
2) Understanding its relevance and importance in the today’s world.
The research technique applied will be doctrinal. Various secondary
sources of data available in books, websites will be utilised.
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CONTENTS
Sr. No. Particulars Page No.
1 Introduction 5
2 Meaning of Legal Research 6
3 Supreme Court on Legal Research 7
4 Sources 8
5 Nature 9
6 Scope 10
7 Benefits 11
8 Objectives 12
9 Limitations 13
10 Qualities of a Good Legal Researcher 14
11 Relevance of Legal Research to Lawyers and 15
Judges
12 Conclusion 16
13 Bibliography 17
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Introduction
The word "research" is derived from the French word "rechercher," which means "to seek
or search." It originally came from the Latin word "re-" meaning "again" and "cercare"
meaning "to search." Research is a systematic and structured process of inquiry that seeks
to answer questions or solve problems by collecting and analyzing data or information. It
involves a process of discovery that aims to generate new knowledge, expand existing
knowledge, or confirm previous knowledge. Research can be conducted in various fields,
including science, social sciences, humanities, and business, and can involve qualitative or
quantitative methods.
The research process begins with the identification of a research question or problem that
needs to be investigated. The research question should be well-defined, specific, and
relevant to the field of study. The researcher then conducts a review of the relevant
literature to identify existing knowledge, theories, and methods related to the research
question.
Based on the literature review, the researcher develops a research design, which includes
the research methodology, data collection methods, and data analysis techniques. The
research design should be tailored to the specific research question and should be designed
to ensure that the data collected is valid, reliable, and unbiased.
Once the research design is developed, the researcher collects data using the chosen data
collection methods. This can include surveys, interviews, observations, experiments, or
other methods. The data collected is then analyzed using the chosen data analysis
techniques. This can include statistical analysis, content analysis, or other methods.
Finally, the researcher interprets the results of the data analysis to draw conclusions or
make recommendations. The conclusions should be based on the data collected and
analyzed and should be relevant to the research question. The researcher may also discuss
the implications of the research findings and suggest areas for further research.
Overall, research is an essential process for generating new knowledge, expanding existing
knowledge, or confirming previous knowledge. It involves a systematic and structured
approach to inquiry, from the formulation of a research question to the interpretation of
the results.
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Meaning of Legal Research
Legal research refers to the process of finding and analyzing legal information and sources
to develop a comprehensive understanding of the law and its application to legal issues. It
is a critical component of the legal profession and is used in various contexts, including
legal practice, policy-making, and legal scholarship.
Legal research involves the study of primary legal sources, such as case law, statutes,
regulations, and treaties, as well as secondary legal sources, such as legal treatises, law
review articles, and legal dictionaries. Legal research may also involve comparing laws and
legal systems from different jurisdictions to gain a deeper understanding of the law and its
application.
The goal of legal research is to provide a thorough analysis of the law, including its history,
current status, and potential future developments. Legal researchers may also analyze the
social, political, and economic factors that influence the development and application of the
law.
Legal research is used by lawyers to provide accurate and effective legal advice, draft legal
documents, and represent clients in legal proceedings. It is also used by policymakers to
develop legislation and regulations, and by legal scholars to advance legal theory and
understanding.
Effective legal research requires a deep understanding of the legal system, legal concepts
and terminology, and the ability to analyze legal sources and develop persuasive legal
arguments. Legal researchers may work in law firms, government agencies, non-profit
organizations, or academia.
In summary, legal research is the process of finding and analyzing legal information and
sources to develop a comprehensive understanding of the law and its application to legal
issues. It is an essential component of the legal profession and is used in various contexts to
provide accurate legal advice, develop legislation and regulations, and advance legal theory
and understanding.
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Supreme Court on Legal Research
The Supreme Court of India has recognized the importance of legal research in shaping the
development of law and ensuring its fair and just application. In several of its judgments, the
Court has emphasized the need for legal research to be rigorous, thorough, and grounded in
sound legal principles.
One of the landmark judgments of the Supreme Court on the subject of legal research is the
case of State of Punjab v. Shamlal Murari Lal (1976). In this case, the Court observed
that "legal research is the foundation on which the superstructure of the legal system rests."
The Court went on to stress the importance of legal research in the following terms:
"Legal research must be thorough, exhaustive, and meticulous, and must be based on a
proper understanding of the principles of law. Legal research requires patience, industry,
and attention to detail, and must be pursued with an open and enquiring mind. Legal
research is a continuous process, and must be undertaken with a view to developing and
refining the law in the light of changing circumstances and social conditions."
In subsequent judgments, the Court has reiterated these principles and stressed the need
for legal research to be interdisciplinary and informed by an understanding of the social,
economic, and political context in which the law operates. The Court has also emphasized
the importance of legal research in promoting access to justice and ensuring that the law is
applied in a fair and just manner.
In the case of Bar Council of India v. Bonnie FOI Law College, the Court stated that
"legal research is the bedrock of any judicial system and is the foundation on which judicial
decisions rest."
In another case, Mithu v. State of Punjab, the Supreme Court emphasized the
importance of thorough legal research in interpreting the law and making just decisions. The
Court stated that "a judge must have an unquenchable thirst for knowledge and must
engage in a thorough study of the law, its nuances, and the facts of the case before arriving
at a just decision."
The Supreme Court has also recognized the role of technology in facilitating legal research.
In the case of State of Maharashtra v. Dr. Praful B. Desai (2003), the Court noted
that "the use of computer technology has now become an essential tool for legal research,
and it is imperative that the legal profession keeps pace with these developments."
In conclusion, the Supreme Court of India has emphasized the critical importance of legal
research in shaping the development of law and ensuring its fair and just application. Legal
research must be rigorous, thorough, interdisciplinary, and informed by an understanding of
the social, economic, and political context in which the law operates. Technology has an
essential role to play in facilitating legal research, and the legal profession must keep pace
with these developments.
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Sources of Legal Research
Primary law consists of sources that state the actual law. These sources include:
o Constitution (either federal or state)
o Statutes (laws enacted by legislatures); municipal codes (enacted by local councils)
o Cases (opinions handed down by courts)
o Rules and Regulations (established by administrative government agencies)
o Treaties
Secondary Law consists of sources that explain, criticize, discuss, or help locate primary
law. Examples of secondary legal sources include:
o Legal dictionaries
o Legal encyclopedias and digests
o Law reviews and journals
o Legal treatises, nutshells, hornbooks, deskbooks
o Manuals and guides on how to practice law
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Nature of Legal Research
Legal research is a systematic process of finding and analyzing legal information to support
legal decisions or arguments. It is a critical component of the legal profession and requires a
high level of precision and accuracy. Below are some of the characteristics of legal research:
1. Precision: Legal research requires a high level of precision in terms of the sources
consulted, the analysis of legal principles, and the presentation of legal arguments.
Legal researchers must be meticulous in their approach to ensure that they use
reliable sources and that their analysis is accurate.
2. Extensive: Legal research requires extensive research, often involving multiple
sources of information, including case law, statutes, regulations, and legal treatises.
Legal researchers must be able to locate, access and analyze a wide range of legal
sources to gain a comprehensive understanding of the legal issues involved.
3. Time-consuming: Legal research can be a time-consuming process, especially when
dealing with complex legal issues. Legal researchers must be prepared to invest the
time and effort required to thoroughly research and analyze the legal materials
involved.
4. Context-specific: Legal research is highly context-specific and requires a clear
understanding of the legal principles and procedures that apply to the specific legal
issue at hand. Legal researchers must be able to identify and analyze the relevant
legal materials in the context of the specific legal issue involved.
5. Logical: Legal research requires a logical and systematic approach to the analysis of
legal materials. Legal researchers must be able to identify the key legal issues
involved, analyze the relevant legal principles, and present their arguments in a
logical and persuasive manner.
6. Objective: Legal research requires an objective approach to the analysis of legal
materials, regardless of the researcher's personal opinions or beliefs. Legal
researchers must be able to separate their personal views from the legal analysis and
present an objective legal argument.
7. Creative: Legal research also requires a certain level of creativity in terms of
identifying and analyzing legal arguments. Legal researchers must be able to think
critically and creatively to develop persuasive legal arguments that are grounded in
legal principles and supported by the legal materials.
In conclusion, legal research is a highly specialized and complex process that requires
precision, extensive research, time, context-specific analysis, logic, objectivity, and
creativity. Legal researchers must be able to navigate a vast array of legal materials and
apply legal principles to specific legal issues to develop persuasive legal arguments.
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Scope of Legal Research
The scope of legal research is vast and encompasses various areas of law, including but not
limited to, constitutional law, criminal law, civil law, administrative law, international law,
and environmental law. The scope of legal research is influenced by the legal system of the
country, the jurisdiction, and the legal issues at hand. Below are some of the areas where
legal research can be applied:
1. Case law: Legal researchers may need to analyze previous court decisions to
understand how courts have interpreted and applied legal principles in similar cases.
2. Statutes and Regulations: Legal researchers may need to examine statutes and
regulations to determine how the law applies to a particular legal issue.
3. Legal Treatises and Journals: Legal researchers may refer to legal treatises, law
reviews, and other legal publications to gain a deeper understanding of the legal
principles involved in a particular area of law.
4. International Law: Legal researchers may need to analyze international treaties and
agreements to determine how international law applies to a particular legal issue.
5. Comparative Law: Legal researchers may need to compare laws from different
countries or jurisdictions to understand how legal principles are applied in different
contexts.
6. Legal Ethics: Legal researchers may need to analyze legal ethics rules and regulations
to determine whether a particular course of action is ethical or not.
7. Emerging Legal Issues: Legal researchers may need to conduct research on emerging
legal issues such as privacy laws, data protection laws, and cybersecurity laws.
In conclusion, the scope of legal research is vast and depends on the legal issues at hand.
Legal researchers need to be familiar with various legal sources, including case law, statutes,
regulations, legal treatises, and international treaties, to provide comprehensive legal
analysis and develop persuasive legal arguments.
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Benefits of Legal Research
Legal research has many benefits, including:
1. Identifying legal issues: Legal research helps identify legal issues and questions that
need to be addressed in a case or legal matter. It provides a framework for analyzing
and understanding legal issues.
2. Providing guidance on legal requirements: Legal research helps individuals and
organizations understand legal requirements, obligations, and prohibitions. It
provides guidance on how to comply with legal requirements and avoid legal
problems.
3. Supporting legal arguments: Legal research helps lawyers and advocates support
their legal arguments with relevant case law, statutes, and other legal authorities. It
provides evidence and authority to back up legal claims.
4. Informing legal strategy: Legal research helps lawyers and advocates develop legal
strategies based on legal principles and precedents. It helps identify the strengths
and weaknesses of legal arguments and develop effective legal strategies.
5. Ensuring compliance: Legal research helps individuals and organizations ensure
compliance with legal requirements and avoid legal problems. It helps them
understand their legal obligations and take appropriate actions to comply with the
law.
6. Enhancing legal knowledge: Legal research helps individuals and organizations
deepen their understanding of legal principles, concepts, and practices. It helps them
stay up-to-date with legal developments and trends.
7. Promoting access to justice: Legal research helps promote access to justice by
providing information and guidance to individuals and organizations that may not
have access to legal expertise. It helps them understand their legal rights and
obligations and navigate legal issues.
Overall, legal research is essential to ensuring compliance with legal requirements,
supporting legal arguments, and promoting access to justice. It provides guidance, evidence,
and authority to help individuals and organizations understand and navigate legal issues.
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Objectives of Legal Research
Legal research is undertaken for various reasons, but its primary objective is to provide a
comprehensive understanding of the legal system and to assist in solving legal problems.
Here are some of the key objectives of legal research:
1. Understanding and Interpreting the Law: Legal research is essential for
understanding and interpreting the law. It provides an opportunity to examine legal
issues and principles that are critical for informed decision-making. Legal research
helps lawyers, judges, law students, and other legal professionals to understand the
intent behind the laws, their scope and limitations, and how they relate to other
areas of law.
2. Identifying Legal Issues: Legal research helps to identify legal issues and legal
problems that require attention. It involves examining statutes, regulations, case
law, and other legal materials to determine how the law applies to a particular case
or situation. Identifying legal issues can help to inform the development of legal
arguments and the drafting of legal documents.
3. Finding Legal Solutions: Legal research aims to find legal solutions to legal problems.
It involves examining legal precedents and relevant statutes to identify legal
arguments and strategies that can be used to resolve legal disputes. Legal research
can help to formulate legal arguments, draft legal documents, and prepare legal
strategies that are effective in addressing legal problems.
4. Keeping Up with Legal Developments: Legal research is essential to keep up with
legal developments. It enables legal professionals to stay current with new laws,
regulations, and court decisions that may impact their practice. Staying up-to-date
with legal developments is critical for providing clients with accurate legal advice and
ensuring that legal arguments and strategies are based on the latest legal precedents
and interpretations.
5. Enhancing Professional Development: Legal research is essential for professional
development. It is an ongoing process that enables legal professionals to expand
their knowledge of the law, develop new legal skills, and enhance their ability to
provide effective legal services to clients. Legal research is particularly important for
law students, who are preparing for legal practice, and for lawyers who are required
to undertake continuing legal education to maintain their professional credentials.
6. Contributing to Legal Scholarship: Legal research can contribute to legal scholarship
by advancing our understanding of the law and its practical applications. Legal
research can result in new legal theories, interpretations, and arguments that can
inform legal practice, policy-making, and public discourse. Legal research can also
help to identify gaps in the law and areas where legal reform is necessary.
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Limitations of Legal Research
Legal research, like any other form of research, has certain limitations. Below are some of
the limitations of legal research:
1. Availability of Legal Resources: One of the main limitations of legal research is the
availability of legal resources. The availability of legal resources may be limited in
some jurisdictions or in some areas of law. Legal researchers may not have access to
the latest case law or statutes, making it difficult to conduct comprehensive legal
research.
2. Interpretation of Legal Sources: Legal research relies on the interpretation of legal
sources such as statutes, case law, and regulations. Interpretation may vary
depending on the jurisdiction, and different courts may interpret legal sources
differently.
3. Time Constraints: Legal research can be time-consuming, and legal researchers may
have limited time to conduct research, especially in the context of legal practice.
4. Complexity of Legal Language: Legal language can be complex and difficult to
understand, especially for non-lawyers. Legal researchers need to have a deep
understanding of legal concepts and terminology to conduct effective legal research.
5. Cost: Access to legal resources can be costly, especially for individuals or small
organizations. Legal researchers may not have the financial resources to access all
the necessary legal resources.
6. Bias and Subjectivity: Legal research is subject to bias and subjectivity. Legal
researchers may have personal or political biases that affect their interpretation of
legal sources.
7. Lack of Empirical Data: Legal research may lack empirical data to support legal
arguments, especially in areas of law where data is limited.
In conclusion, legal research has certain limitations, including the availability of legal
resources, the interpretation of legal sources, time constraints, the complexity of legal
language, cost, bias and subjectivity, and lack of empirical data. Legal researchers need to
be aware of these limitations and work within them to conduct effective legal research.
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Qualities of a Good Legal Researcher
The following are some qualities of a good legal researcher:
1. Analytical skills: A good legal researcher must possess excellent analytical skills to
break down complex legal issues and identify relevant legal authorities.
2. Attention to detail: Legal research requires meticulous attention to detail to ensure
accuracy and avoid errors that could have legal consequences.
3. Good communication skills: A good legal researcher must be able to communicate
legal concepts and findings effectively to colleagues, clients, and other stakeholders.
4. Time management: Legal research often involves working on tight deadlines, and a
good legal researcher must be able to manage their time effectively to deliver high-
quality work within the allotted timeframe.
5. Persistence: Legal research often requires persistence in finding relevant legal
authorities and resolving complex legal issues.
6. Curiosity: A good legal researcher must have a curiosity to learn and explore new
legal topics, concepts, and principles.
7. Ethical conduct: Legal research must adhere to ethical standards and principles,
including accuracy, honesty, and confidentiality.
8. Knowledge of legal research tools and resources: A good legal researcher must have
a good understanding of the various legal research tools and resources available,
including online databases, law libraries, and other research resources.
Overall, a good legal researcher must possess a combination of analytical skills, attention to
detail, good communication skills, time management, persistence, curiosity, ethical conduct,
and knowledge of legal research tools and resources.
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Relevance of Legal Research to Lawyers and Judges
Legal research is of utmost importance for judges and lawyers as it helps them to stay up-to-
date with the latest legal developments and interpret legal provisions accurately. Here are
some of the ways in which legal research is relevant for judges and lawyers:
1. Interpreting laws: Legal research helps judges and lawyers to interpret legal
provisions correctly. Laws are complex and subject to interpretation, and legal
research helps to clarify any ambiguities and ensure that the correct meaning is
applied in each case.
2. Developing legal arguments: Legal research helps lawyers to develop legal
arguments that are persuasive and grounded in sound legal principles. Lawyers need
to research legal precedents and relevant case law to develop an argument that is
logical, convincing and can withstand scrutiny.
3. Preparing for trials: Legal research is essential in preparing for trials as it helps
lawyers to anticipate and address potential legal issues that may arise during a trial.
Legal research helps lawyers to identify and analyze relevant legal precedents,
statutes and regulations that may affect a case.
4. Staying updated: Legal research is essential for judges and lawyers to stay updated
with the latest legal developments. Laws are constantly changing, and it is essential
for judges and lawyers to stay informed about any changes or updates that may
affect their cases.
5. Facilitating fair and just decisions: Legal research is essential in ensuring that judges
and lawyers make fair and just decisions. Legal research helps judges and lawyers to
apply legal principles correctly and impartially, ensuring that justice is served.
In summary, legal research is of utmost importance for judges and lawyers as it helps them
to interpret legal provisions accurately, develop legal arguments, prepare for trials, stay
updated with the latest legal developments, and make fair and just decisions. Legal research
is an essential skill for anyone in the legal profession, and it is critical for maintaining the
integrity of the legal system.
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Conclusion
Legal research is an essential process for lawyers, judges, and other legal professionals. It
involves the systematic search for and analysis of legal sources, including primary sources
like statutes and case law, as well as secondary sources like legal treatises and law reviews.
Legal research refers to the process of finding and analyzing legal information and sources
to develop a comprehensive understanding of the law and its application to legal issues. It is
a critical component of the legal profession and is used in various contexts, including legal
practice, policy-making, and legal scholarship.
Legal research involves the study of primary legal sources, such as case law, statutes,
regulations, and treaties, as well as secondary legal sources, such as legal treatises, law
review articles, and legal dictionaries. Legal research may also involve comparing laws and
legal systems from different jurisdictions to gain a deeper understanding of the law and its
application.
Legal research is important for several reasons. Firstly, it enables lawyers and judges to
interpret and apply the law accurately, ensuring fair and just outcomes in legal proceedings.
Secondly, it helps lawyers to prepare effective legal arguments and judges to make
informed decisions. Finally, legal research enables legal professionals to identify gaps and
ambiguities in the law, and to propose reforms where necessary, promoting the rule of law.
Good legal research requires several qualities, including attention to detail, critical thinking
skills, and the ability to synthesize complex information. Legal researchers must also be able
to effectively use legal research tools, including online databases and libraries, to find
relevant legal sources.
The Supreme Courts of various countries, including the United States and India, have
emphasized the importance of legal research in their decisions. Legal research is crucial for
ensuring the proper functioning of the judicial system, achieving just outcomes, and
promoting the rule of law.
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Bibliography
Books referred-
Kothari, C.R., Research Methodology, Methods and Techniques, New Age International
Publishers, New Delhi (2014)
Myneni, S.R., Legal Research Methodology, Faridabad, Allahabad Law Agency (2012)
Webliography
www.iblogpleaders.com – Retrieved April 6,2023
www.infosysbpm.com - Retrieved April 6,2023
www.library.highline.edu - Retrieved April 6,2023
www.iedunote.com - Retrieved April 6,2023
https://www.mylawman.co.in - Retrieved April 6,2023
https://epgp.inflibnet.ac.in - Retrieved April 6,2023
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