Meaning of Legal Research Methodology

 Systematic study or
investigation
 Existing facts or knowledge
 With object
 To find truth or reality
 Legal rules, principles,
concepts, theories, doctrine,
decided cases, legal institution,
legal problem, issues or
questions
 Objective of Legal Research

Nature, Scope and purpose

To Examine legal principles and precedents as established by
courts.
Nature and composition of legal institution
Relevancy
Weaknesses of existing law
Comparative analysis
Advantages or disadvantages of law –
Actual fact situation
Requirement of special enactment
To discover new facts or verify old facts or extend knowledge or
develop a theory or arrive at a general conclusion.
Authoritative work
Adoption of a particular law or legal institution
 Approaches to Legal Research

Doctrinal Empirical
Research Research

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

Theory
Hypothesis

Observation
Confirmation
 Induction ‘Bottom up’

Theory
Tentative
Hypothesis/
Research Question

Pattern

Observation
 Selection of the Research Topic

• Printed sources
• Paper presented
Sources at academic
gathering

Ongoing • Available data

• Media
or prior
research
Basic consideration in the selection of topic

Genuine interest to researcher

Problem or Academic
Feasible to
researchabl and social
study
e question value
 Research design
 Title of the research project
 Introduction  A hypothesis is an unproven
proposition or possible
 Research question
solution to a problem.
 Hypothesis  Hypothetical statements
 Literature Review assert possible answers to
research questions.
 Objective of the study  A hypothesis... in its
 Research Methodology simplest... is a guess.
William G. Zikmund,
 Scope of the study Business Research Methods
 Significance of the study (6th edition) Ohio: South
Western, 2000, p 92.
 Contents/ Chapters
 Tables and Bibliography
 Writing Dissertations and Theses
• Organization of the • Writing style
Research Work • Clarity
• Plain Language
• Outline
• Gender neutral language
• Chapters • Necessary steps before
• Headings/ Sections finalizing the work
• Revising
• Paragraphs
• Editing
• Sentences • Reference citation
• Conclusion
 Socio Legal Research
• Exploratory studies
• Descriptive studies
• Explanatory studies
• Casual studies
• Basic Research
• Applied Research
• Evaluation studies
• Pilot studies
• Cross- Sectional studies
• Longitudinal studies
 Panel studies
 Cohort studies
 Trend studies
• Predictive studies
• Quantitative Research
• Qualitative Research
Research Design in Socio- Legal Research
Title of the research project
Introduction
Research question
Hypothesis
Literature Review
Objective of the study
Research Methodology
Scope of the study
Significance of the study
Contents/ Chapters
Tables and Bibliography
 Methodology
• Type of data needed
• Methods of data collection
• Socio- cultural context of
the study
• Place or geographical area
to be covered by the study
• Type of sampling to be
used
• Data Coding and Analysis
• Note of formulation of
Hypothesis
• Independent and Dependent
variables
• Verified or tested
• Concepts and Comparison in
Hypothesis should be clearly
stated
• Types of Hypothesis
 One- directional
 Two- directional
 Null Hypothesis
 Social survey research method
• Interview Socio graphic
characteristic
• Questionnaire s

Attitudes

Behaviour
Observation Method of Data Collection

Selection

Recording

Encoding

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

Gaining • Collecting, recording

rapport and organising the
and field notes
• Analysing the data and
Cooperatio preparing report
n
Interview Method of Data Collection
Selecting
Types the
sample
Conducting the
Structured
Interview

Unstructure Role of a
d Researcher
Procedure in conducting the interview
Initiating
Leading
the Probing
Questions
Interview

Dealing
Clarifying Recording
with
Issues Responses
Refusals

Broad
Question as Record the
Question
Worded Interview
Initially
 Advantages

Greater Flexibility

Probing High Participation

Length Possibility of Obtaining

of Interview High Responses
 Disadvantages
Cost

Time

Difficulty in locating Respondents

Respondent’s Reluctance

Anonymity of Respondents

Interview Bias
Advantages of Telephonic Interviewing

Speed

Wider
coverage Cost

Feasibility Call back

Absence of
face to face
contact
 Disadvantages

Limited Duration

Non - Cooperation

Limited Representation
Questionnaire Method
of Data Collection

Relevance of the
Study

Relevance of
Questions

Selection of
Respondents
 Open- ended questions
Advantages Disadvantages

 Freedom to express  Wide variety to answers

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

Clarity and
Simplicity

Sensitive
Vague and
words Embarrassi
ng question

Double
Leading Order of
barrelled
questions questions
questions
 Mailed questionnaire

Advantages Disadvantages
• Geographical Flexibility • Limited Usefulness
• Locating Respondents • Lack of Flexibility
• Cost
• Low response rate
• Time Saving
•
• Problem of
Respondent Convenience
• Greater Anonymity
Unanswered questions
• Interview bias • Possibility of others
answering the
Cover Letter questions
Survey Sponsorship
Monetary Incentives
Follow- ups
 Sampling
• Nature of sampling
• Sampling in Quantitative Research
• Advantages in Sampling
• Technical terms used in Sampling
• Sampling Element or Unit
• Population
• Sampling Frame
• Sampling Design
 Drawing a sample from the sampling frame
• Sources of Sampling Frame
• Types of Samples •Sampling error
Probability Sampling •Sampling size
Simple Random Sampling
Systematic Sampling
Stratified Sampling
Cluster Sampling
Non- Probability Samples
Convenience Sampling
Purposive Sampling
Snow ball Sampling
Quota Sampling
 Data Preparation and Analysis
Qualitative Data Analysis
Quantitative Data Analysis
Editing
Handling Blank Responses
Dealing with Don’t Know Responses
Field Editing Appropriateness
In- house Editing
Coding Exhaustiveness

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