LEGAL

LAW RESEARCH AND

WRITING
GROUP 3
Caspe, Samuel
Diaz, Cecil
Gallos, Charlene Joy V.
Tabigue, Hazel Anne
CHAPTER 4:
INTRODUCTION TO
LEGAL RESEARCH
Chapter 4. Introduction to Legal research methods or Approaches,
Techniques, and Stages
1. Legal Research Methods or Approaches
2. Techniques
3. Stages
LEGAL RESEARCH

VARIABLE
Variable is a characteristic that takes on different
values, i.e., that varies from one person to the next.

• Relationship: a bond or connection between

variables
• Cause-and-effect (causal) relationship (e.g.,
Marijuana Legalization and Crime)
• Functional (associative) relationship (e.g.,
gender and life expectancy)
LEGAL RESEARCH METHODS OR
APPROACHES
The strategies, processes or techniques
utilized in the collection of data or
evidence for analysis in order to uncover
new information or create better
understanding of a topic

Legal research methodology is the

process of gathering and analyzing legal
information in order to answer a legal
question. It is a systematic approach to
finding, understanding, and applying the
law.
LEGAL RESEARCH
VARIABLE
2 kinds of Variables
Independent variable—the presumed cause
(of a dependent variable)
Dependent variable—the presumed effect (of
an independent variable)

Example:
Academic writing and the court (Dependent
variable) : A quantitative study of the
influence of legal and non-legal periodicals in
the high court (Independent variable)
LEGAL RESEARCH METHODS OR
APPROACHES
There are two main types of legal research
methodologies: qualitative research and quantitative
research.

Quantitative Research for Legal Research Testing the

hypothesis that a particular law has a particular
effect
• Measuring the impact of a legal change on a particular
group of people
• Determining the relationship between two or more legal
variables

Qualitative Research for Legal Research

• Interpreting the meaning of a legal statute
• Understanding the application of the law in a particular
case
• Identifying the underlying principles of a legal doctrine
• Exploring the impact of the law on a particular group of
people
 QUANTITATIVE
VARIABLES
Types of Variables
1. Continuous: Numerical variables that you could never
finish counting (e.g. height, time )
Ex: Multiple regression in legal proceedings
2. Discrete: Any numerical variables that can realistically
count (No. of disputes)
Ex: The selection of employment discrimination disputes for
litigation: Using business cycle effects to test the Priest-Klein
hypothesis
3. Attribute variable vs. Active variable
Ex: Environmental constraints (attribute variables) on the
behavior of judges: A representational model of judicial
decision making.
 QUALITATIVE
VARIABLES
Types of Variables
1. Binary (Dichotomous): Variables with only two
categories, such as male or female, red or blue.
2. Nominal (Categorical): Variables you can organize in
more than two categories that do not follow a
particular order. Take, for example, housing types:
Single-family home, condominium, tiny home.
3. Ordinal: Variables you can organize in more than two
categories that follow a particular order. Take, for
example, level of satisfaction: Unsatisfied, neutral,
satisfied
 Generalizability and Transferability

Generalizability
(Quantitative research)

Transferability
(Qualitative research)

Generalizability: The extent to which study findings are valid for other groups not in
the study
Transferability The extent to which qualitative findings can be transferred to other
settings
QUANTITATIVE LEGAL RESEARCH
Nature of data
involves nature of data, theoretical basis, and
kinds of tools employed for data collection,
scientific measurement of the phenomena and
appropriate generalization based on data
analysis.
Testing Reliability
Testing Reliability- The accuracy &
consistency of obtained information)
Test-retest reliability, Interrater reliability,
and Internal consistency
Testing Validity
Testing Validity -The soundness of the evidence
—whether findings are convincing, well-
grounded
Types of validity: scores or ratings to measure
variations in something (such as psychological
traits, levels of ability or physical properties)
 QUANTITATIVE LEGAL RESEARCH
• Its steps include framing of research questions,
hypothesis formulation, and testing of the
hypothesis in light of the statistical data collected.
• The sample size should be statistically appropriate
and collection, organization, presentation, analysis,
and interpretation of data in needs to be
systematic. Analyzing quantitative data by focusing
on proportion, central tendency, and deviation
enables to observe trends
Studies
Academic writing and the courts: A quantitative study
of the influence of legal and non-legal periodicals in
the high court
The challenges of quantitative public health law
research
Areas could be Areas: policy making and
implementing function of legislature, judiciary,
and administration, and in the works of the Law
Commission, policy researchers, and legal
academicians.
EXAMPLES:
1. Academic writing and the courts: A
quantitative study of the influence of legal
and non-legal periodicals in the high court
2. The challenges of quantitative public health
law research
 QUALITATIVE LEGAL RESEARCH
SOCIAL
REALITIES
aims to study things in their natural
settings, understand and interpret
their social realities and provide
inputs on various aspects of social
life.
EXPERIENCES
focuses on people’s feelings, perceptions,
and experiences. Worthy features of
qualitative legal research consist of
description of social setting, interpretation
of social data, verification of assumptions,
and evaluation of policies.
STEPS
• Its steps include framing of
specific questions, choice of
data collection tools, sampling,
data collection, analysis, and
interpretation.
 QUALITATIVE LEGAL RESEARCH
EXAMPLES:
1. Qualitative research on legal education:
Studying outstanding law teachers
2. The value of systematic content
analysis in legal research
 MIXED METHOD/ MULTI-METHOD LEGAL
RESEARCH
• Combines doctrinal and non-doctrinal research,
qualitative and quantitative research, and a combination
of various methods within each.
• Analyzes law from different angles, uses interdisciplinary
research, collaborates with community or stakeholders,
and avoids undetected errors arising from the use of
mono-method.

The synergy of using deductive and inductive reasoning enhances

quality of research.
Use in research on vulnerable groups, development issues, and
biographical and behavioral studies is of great importance.

EXAMPLES:
1. Interprofessional collaboration (qualitative) and health policy
(quantitative) : results from a Quebec mixed method legal research
2. Learning business law online vs. onland: A mixed method analysis
DATA COLLECTION TOOLS
 STRENGTHS AND WEAKNESSES OF
LEGAL RESEARCH TECHINIQUES
Research Techniques Strength
EXPERIMENT Good control over dependent and
independent variables
PARTICIPANT OBSERVATION Allowing researcher to develop good
understanding and insight into the lives of
the people being studies
SURVEY Good reliability and can be generalized to
the population as a whole
SECONDARY ANALYSIS Data already collected so it is convenient
and inexpensive.
ANALYZING DOCUMENTS Often inexpensive and data can be readily
available in libraries or on the web.
Weakness
Low validity because subjects may not
respond normally when they are in an
unnatural setting
Low generalizability and ethical issues
about how involved researchers should
get in lives of their subjects
Validity problems unless researchers are
cautious about bias in sampling, biased
questions, interviewer bias, etc
Uncertainty about how the original data
was collected
May have problems accessing records,
reports, or files, especially if they are
confidential or sensitive.
LEGAL
RESEARCH
TECHNIQUES
Research design or technique ensures that the
data obtained will answer the research
question more effectively.
Qualitative Research Approaches:
Case Study and Ethnography
The case study approach “refers to the collection and
presentation of detailed information about a particular
participant, a small group or organization” observed in a
“real-life” setting to understand the social phenomena
the group or organization constitutes.

The ethnographic approach usually focuses on a specific

group or culture and its characteristics. The researcher
studies “the shared patterns of behaviors, language, and
actions of an intact cultural group in a natural setting
over a prolonged period of time.” Ethnographic research
seeks to generate understanding through an “insider's
point of view” by using several sources of data
collection, but primarily through participant observation
during long term engagement in a specific field setting.

International Network to Promote the Rule of Law

Quantitative Research Approaches: Descriptive
Research and Experimental Research
Descriptive quantitative research, participants are measured
once to provide a descriptive account or to establish a
relationship between variables.
Descriptive research may include a large amount of participants
to ensure a generalized relationship between variables.

Experimental quantitative research, the researcher introduces

an intervention in order to study its effect and establish
causality between the intervention and the effect. One way of
doing experimental research is through “randomized controlled
trials.

International Network to Promote the Rule of Law

 LEGAL RESEARCH TECHNIQUES
Quantitative vs. Qualitative Research

Descriptive vs. Analytical Research

• Descriptive research,describes the state of affairs as
it exists at present. It merely describes the
phenomenon or situation under study and its
characteristics. It reports only what has happened
or what is happening.
• Utilizes survey methods of all kinds, including
comparative and co-relational methods, and fact-
finding inquiries of different kinds.
• Descriptive research cannot be used for creating Descriptive research
causal relationship between variables. While in Lenses of Legal Research: A Descriptive Essay on
analytical research, the researcher uses his facts or Legal Research Methodologies
information already available and makes their Analytical Research
analysis to make a critical evaluation of the The methodology of the behavioral analysis of law
material.
 LEGAL RESEARCH TECHNIQUES
Applied vs. Fundamental Research
• Applied research or action research aims at
finding a solution for an immediate problem.
• While in fundamental research or pure
research or basic research, the researcher is
mainly concerned with generalization and with
the formulation of a theory.

Applied Research
• Decision points in child welfare: An action
research model to address disproportionality
Fundamental Research
• Principal costs: A new theory for corporate law
and governance
 LEGAL RESEARCH TECHNIQUES
Conceptual vs. Empirical Research
• Conceptual research is related to some abstract idea(s) or theory. It
is generally used by philosophers and thinkers to develop new
concepts or to re-interpret the existing ones. On the other hand,
empirical research relies on experience or observation alone, often
without due regard for system or theory. It is data-based research,
coming up with conclusions that are capable of being verified by
observation or experiment. It is therefore also known as
experimental research.

Conceptual Research
• Alternative conceptual frameworks in comparative cross-National
Legal and judicial research
Empirical Research
• An empirical study of empirical legal scholarship: the top law
schools
STAGES OF
LEGAL
RESEARCH
 LEGAL RESEARCH STAGES
The research process entails a sequence of systematic steps that a researcher must follow in order to provide significant knowledge
pertaining to the project and focused on the relevant issue.

3
FORMULATION OF
2 HYPOTHESIS 5
a predictive
REVIEW statement of what
COLLECTION OF
1 LITERATURE is expected to 4 DATA
RESEARCH comprehensive happen when RESEARCH DESIGN measures information on
PROBLEM analysis and testing the strategy for targeted variables in an
evaluation of research question answering your established system, which
Identification and existing literature research questions.
based on then enables one to answer
Formulation of a related to a background relevant questions and
Research Problem particular topic or research evaluate outcomes.
research question
 STAGES OF LEGAL RESEARCH

8
RESEARCH REPORT
7 Restates the
INTERPRETATIO research problem,
ANALYSIS OF DATA N OF DATA
6 summarizes your
is the process of the process of arguments or
systematically applying reviewing data findings, and
statistical and/or and arriving at discusses the
logical techniques to relevant implications.
describe and illustrate, conclusions using
condense and recap, various analytical
and evaluate data research methods.
KINDS OF
LEGAL
AUTHORITIES
 A. PRIMARY LEGAL AUTHORITIES
CONSTITUTION
fundamental law of the land in
the Philippines. It establishes
the structure, policies, roles
and duties of the Philippines'
government.
STATUTES
written enactment of the will of
the legislative branch of the
government rendered authentic
by certain prescribed forms or
solemnities are more also known
as enactment of congress
CASE LAW/ DECISIONS
(court opinions)
JURY
INSTRUCTION
Jury instructions, also
known as charges or
directions, are a set of
legal guidelines given by
a judge to a jury in a
court of law.
ORDINANCES
REGULATIONS
ordinance is a law
carry the same weight as
created by a local
statutes
government
B. SECONDARY LEGAL AUTHORITIES

TREATIES LAW REVIEWS AND RESTATEMENTS, HEADNOTES LEGAL DICTIONARIES

• international JOURNAL AND ANNOTATIONS AND ENCYCLOPEDIAS
agreements entered into Restatements of the Law series of
publish legal scholarship treatises that articulate the principles or Legal encyclopedias explain legal
by the Philippines which around a particular subject terms and concepts, legislation,
rules for a specific area of law.
require legislative Headnotes consist of point-by-point and notable court cases. Legal
concurrence after breakdowns of the law as considered or dictionaries briefly explain legal
executive ratification. applied by the court. terms and concepts.
HEIRARCHY OF
LEGAL
AUTHORITIES
Hierarchy of laws is fundamental to the rule of law, as it dictates how the
different levels of law will apply in practice. In general, the fundamental levels of
hierarchy consist of: a constitution or founding document; statutes or legislation;
regulations; and procedures.
 HEIRARCHY OF LEGAL AUTHORITIES
DOCTRINE OF
CONSTITUTIONAL
SUPREMACY
if a law or contract violates any
norm of the constitution that law or
contract whether promulgated by
the legislative or by the executive
branch or entered into by private
persons for private purposes is null
and void and without any force and
effect. Thus, since the Constitution is
the fundamental, paramount and
supreme law of the nation, it is
deemed written in every statute and
contract.
STATUTES /LEGISLATION
CONSTITUTION Statutes are enacted by
Establishes the innate characteristics the legislative branch of
of the country and its sovereignty; government, and
outlines the rights and responsibilities govern a wide range of
of its citizens – as such it is the issues that require
1 supreme law. 3 regulation in a modern,
 democratic state –
including elections.
COMMON LAW / CASE LAW
INTERNATIONAL LAWS 2 law made by the courts, not
4
Trans-border agreements that have
legislature, and is not a level of hierarchy per se.
different impacts on the country’s
It consists of the judgments of courts, to interpret the
law, depending on the treaty
wording of statute law, to protect the principles of
language and the way a country’s
natural justice, to fill a gap in the law, or to deal with
constitution manages them.
an unforeseen situation not covered by statute
 HEIRARCHY OF LEGAL AUTHORITIES
GUIDELINES,
PROCEDURE INSTRUCTIONS, AND
A procedure is a description of the POLICIES
required steps necessary to complete These should not be
REGULATIONS a process. used as if they were
A form of delegated legislation,
developed and enacted by ministers,
6 8
elements of the structure
of
department heads, or by an the hierarchy of laws
independent body or commission, to
administer their responsibility

5
CODES OF CONDUCT 7
A written set of rules, principles or
standards to govern the behavior of
certain groups.
DOCTRINE OF CONSTITUTIONAL
SUPREMACY
 REFERENCES
• Bhat, Ishwara. (2020) 12 Qualitative Legal Research: A Methodological Discourse. Retrieved from
https://academic.oup.com/book/41749/chapter-abstract/354161154?redirectedFrom=fulltext.
https://doi.org/10.1093/oso/9780199493098.003.0012 Pages 359–382 Published January 2020
• Bhat, Ishwara. (2020) Idea and Methods of Legal Research. Retrieved from
https://academic.oup.com/book/41749
• KIIT Journal of Law and Society (2017). Qualitative Legal Research: A Methodological Discourse. Retrieved
from https://law.kiit.ac.in/wp-content/uploads/2022/06/2017-Volume.pdf
• Lippincott Williams & Wilkins. (2012) Key Concepts and Terms in Qualitative and Quantitative Research.
• Research Guide. (2023) University of NewcastleUniversity of Newcastle. Retrieved from
https://libguides.newcastle.edu.au/researchmethods#:~:text=Research%20methods%20are%20the
%20strategies,different%20tools%20for%20data%20collection.
• Simion , Kristina. (2016) Qualitative and Quantitative Approaches to Rule of Law Research. Retrieved from
https://kpsrl.org/sites/default/files/publications/files/inprol_practitioners_guide_ksimion_research_method
s.pdf
• https://chilot.files.wordpress.com/2011/06/legal-research-methods.pdf
LAW THANK
YOU.