I.

LEGAL RESESARCH
Legal research is a systematic process aimed at increasing
knowledge of the law. It involves two main components: fact-
finding, which seeks to determine what the law is on a specific issue,
and the advancement of legal science, which examines the
principles and reasons behind legal rules.

This process is complex, as it requires navigating various statutes,

case law, and legal materials, often necessitating a deep
understanding of the law's evolution and its current applicability.

Legal research encompasses several key categories, each

contributing to a comprehensive understanding of the law:

• Doctrinal Research: This type focuses on the analysis and

evaluation of legal rules, principles, and doctrines. It
systematically organizes existing laws, examines their
interrelationships, and critically reviews legislation and
judicial decisions, considering their underlying policies.

• Research in Theory: This involves exploring the conceptual

foundations of legal rules and principles. It provides the
intellectual framework necessary for empirical research and
supports advancements in law through legislative, judicial,
and administrative processes.

• Empirical Investigations: This category assesses the real-

world impact of laws, highlighting discrepancies between
legal ideals and social realities. Researchers examine the
social, political, economic, and cultural dimensions of law,
viewing it as a social phenomenon.

• Reform-oriented Research: Based on empirical studies and

critical evaluations, this type of research recommends
 changes to laws and legal institutions to improve their
effectiveness and relevance.

These categories can be broadly classified into doctrinal (focused on

legal texts and principles) and non-doctrinal (which includes
empirical and reform-oriented research). Importantly, these
categories are not mutually exclusive; they often overlap and inform
one another, contributing to a richer understanding of legal issues.

II. SOURCES OF INFORMATION

Constitution Textbooks Handbooks

PRIMARY

SECONDARY

TERTIARY
Legislation Commentaries
Rules and Reviews
Regulations Dictionaries
Case Reports

Primary Sources
Primary sources contain original information and observations. They can be
obtained directly from individuals or found in published research papers, legal
periodicals, reports, theses, and conference papers. Key examples of primary
sources in legal research include:

• Constitution: The foundational legal document of a country.

• Legislation: Acts and proclamations published in national gazettes.
• Rules and Regulations: Statutory orders and directives from administrative
agencies.
• Case Reports: Judicial pronouncements from higher courts.

These sources provide essential, firsthand information relevant to specific

legal issues and are crucial for any legal researcher.
Secondary Sources
Secondary sources derive information from primary sources and organize it
systematically. They include:

• Textbooks and Treatises: Offer comprehensive insights into legal subjects

and help researchers understand fundamental principles.
• Commentaries on Statutes: Provide analysis and interpretation of specific
laws.
• Abstracts: Summarize the contents of research articles, aiding in the
identification of relevant studies.
• Bibliographies: List relevant books and materials, often including
publication details.
• Dictionaries: Provide definitions and explanations of legal terms, with
specialized legal dictionaries like Black’s Law Dictionary being
particularly useful.
• Encyclopedias: Offer condensed articles on various legal topics, providing
historical context and detailed information.
• Indexes: Alphabetical listings of subjects or authors that facilitate quick
information retrieval.
• Reviews: Organized discussions of literature on a specific subject over a
defined period.

These secondary sources are vital for understanding and contextualizing primary
legal materials.

Tertiary Sources

Tertiary sources include directories, subject guides, and union lists, which help
researchers locate primary and secondary sources. Examples include:

• Directories: Lists of journals, researchers, and institutions, similar to a

telephone directory.
• Union Lists: Catalogs of journals available in specific libraries or across
the country, assisting researchers in finding necessary resources.

Tertiary sources serve as valuable tools for navigating the vast landscape of legal
information, ensuring that researchers can efficiently access the materials they
need for their inquiries.
 III. MAJOR STAGES IN LEGAL RESEARCH

1. Identification and Formulation of a Research Problem

The identification and formulation of a research problem is a critical first step in

any research project. The success of the research largely depends on selecting an
appropriate and clearly defined problem.

A poorly defined problem can lead to a loss of interest and unforeseen challenges,
potentially causing the researcher to abandon the project.

The process involves several key steps:

Þ Identify a General Area of Interest: Choose a broad field that interests you,
such as public law.
Þ Narrow Down to a Special Interest Area: Focus on a specific subject within
that field, like constitutional law.
Þ Select a Specific Aspect: Identify a particular issue to explore, such as
Fundamental Rights in the Constitution.
Þ Conduct Preliminary Reading: Engage in extensive reading to understand
the topic and identify gaps in existing knowledge.
Þ Refine the Research Problem: Articulate the problem clearly and precisely,
ensuring it reflects the focus and direction of your inquiry.

2. Review of Literature

After formulating a research problem, the next step for the researcher is to
conduct a comprehensive literature review. This process involves locating and
selecting relevant references that pertain to the research problem. For a legal
scholar, this includes:

Þ Standard Textbooks and Reference Books: Essential for foundational

knowledge on the topic.
Þ Legal Periodicals: To find research articles and authoritative comments
related to the subject.
Þ Case Reports: To understand judicial interpretations of the problem.
Þ Conference Proceedings: To explore various dimensions discussed in
relevant academic gatherings.
Þ Government and Committee Reports: To gain insights from experts and
policymakers.
 Þ Web Resources: To access the latest perspectives and examples.

The literature review process has evolved with the advent of the internet, allowing
easier access to a wealth of information. However, researchers should be
cautious, as not all literature is available online, and the accuracy of web-based
information can vary.

The literature review serves several important purposes:

Þ Identify Explored and Unexplored Aspects: Understand what has been

studied and what remains to be investigated.
Þ Detect Gaps in Existing Research: Recognize inadequacies in previous
explanations and their inter-relationships.
Þ Examine Theoretical Issues: Analyze conceptual frameworks and theories
related to the problem.
Þ Evaluate Research Techniques: Review the methodologies used in prior
studies and their effectiveness.

Overall, the literature review helps the researcher to:

• Understand past work on the topic.

• Map out research techniques and their limitations.
• Assess the adequacy of data used in previous studies.
• Clarify central arguments and concepts discussed in the literature.
• Refine the research problem and develop appropriate research methods for
the inquiry.

3. Formulation of a Hypothesis

After conducting an extensive literature review, the researcher may need to

rephrase or reformulate their research problem statement. Depending on the
research goals and the nature of the inquiry, this statement can take the form of a
hypothesis, which is a tentative proposition suggesting a possible relationship
between two or more variables or concepts.

“A hypothesis is defined as a testable assumption made to explore its logical or

empirical consequences. For a statement to qualify as a hypothesis, it must be
capable of being tested through empirical methods. If it cannot be empirically
confirmed, it does not serve as a valid hypothesis, regardless of how interesting
it may be.”
The formulation of a hypothesis is crucial because it provides guidance on:

Þ Data Requirements: It indicates what kind of data will be necessary for the
research.
Þ Research Methods: It helps determine the methods for data collection and
analysis.
Þ Focus and Direction: It narrows the research area and keeps the researcher
on track, sharpening their focus on the most important aspects of the
problem.

Key Characteristics of a Hypothesis:

• Testable: It must be possible to gather evidence to either support or

disprove the hypothesis.
• Specific: It should be clear and precise, not vague or general.
• Measurable: The variables involved in the hypothesis should be
measurable.
• Falsifiable: It should be possible to show that the hypothesis is wrong.

Example of a Hypothesis:

Let's consider a case involving the effectiveness of a new rehabilitation program

for drug offenders:

Hypothesis: “Individuals who complete the new rehabilitation program will have
a lower recidivism rate (rate of re-offending) compared to individuals who
receive traditional rehabilitation or no rehabilitation.”

How this fits the characteristics of a hypothesis:

• Testable: The recidivism rate of program participants can be compared to

control groups.
• Specific: It clearly defines the outcome (recidivism rate) and the
comparison group.
• Measurable: Recidivism rate is a quantifiable measure.
• Falsifiable: If the recidivism rate of program participants is not lower than
the control groups, the hypothesis would be disproven.

For a hypothesis to be effective, it should be precise, specific, conceptually

clear, and related to available research techniques. However, it is important to
note that not all types of legal research require a hypothesis. For instance,
exploratory or descriptive legal research may not necessitate a hypothesis.
 In contrast, socio-legal or empirical legal research typically involves
formulating a hypothesis, especially when the researcher aims to find a link
between legal facts and social facts or assess the impact of law.

4. Research Design

After defining a research problem or formulating a hypothesis, the next step for
the researcher is to develop a research design. Research design serves as the
conceptual framework within which the research is conducted. It involves
systematic planning and visualization of the entire research process before it
begins.

Key aspects of research design include:

Þ Blueprint for Research: Research design acts as a blueprint for the

proposed study, outlining the methodology and approach to be used.
However, this blueprint is tentative, as researchers may encounter
unforeseen challenges during their investigation.

Þ Planning the Research Process: It encompasses the entire process of

planning and executing the research study, helping the researcher to
anticipate the types of data needed, the methods for data collection, and the
techniques for data analysis and interpretation.

Þ Minimizing Uncertainties: A well-structured research design helps reduce

uncertainties, confusion, and practical challenges associated with the
research problem. It enhances the efficiency and reliability of the findings.

Þ Guiding Data Collection and Analysis: By identifying the necessary data

and the means to collect it, research design ensures that the researcher can
analyze and present findings accurately.

5. Collection of Data

Once the research problem has been formulated (or reformulated based on the
literature review) and a research design has been established, the next step is to
decide on the techniques for collecting the necessary information. The researcher
must choose from a variety of data collection methods, including interviews,
observations, and document analysis, selecting the most appropriate ones for their
specific study.

Key considerations in the data collection process include:

 Þ Importance of Method Selection: Choosing the right data collection
methods is crucial, as it significantly impacts the quality and reliability of
the data gathered. The selected methods will ultimately influence the
outcomes of the research.

Þ Alignment with Research Objectives: The researcher must consider the

objectives of the study and the nature and scope of the inquiry when
selecting data collection methods. This alignment ensures that the chosen
methods effectively address the research questions.

6. Analysis and Interpretation of Data

After collecting data, the researcher must analyze and interpret it to derive
meaningful insights. Data, in its raw form, is neutral and requires analysis to
highlight trends and patterns. While analysis precedes interpretation, the two
processes are interdependent and often overlap.

Analysis of Data

Þ Classification or Categorization: This involves organizing data into groups

or classes based on similarities or affinities. The categories should be
relevant to the research problem or hypothesis and must be exhaustive,
distinct, and mutually exclusive.

Þ Coding: This step assigns symbols or numerical values to each category of

responses, allowing for easier counting and tabulation of raw data.

Þ Tabulation: This is the arrangement of classified data into rows and

columns, facilitating comparisons and illustrating relationships between
variables.

Interpretation of Data

Interpretation is a critical component of research, involving the drawing of

inferences from the analyzed data. Inferences can be:

Þ Deductive: Moving from general propositions to specific conclusions.

Þ Inductive: Moving from specific observations to broader generalizations.

Through interpretation, the researcher seeks to uncover the broader meaning of
the findings, linking them to existing knowledge and establishing explanatory
concepts. This process can lead to new questions and further research
opportunities, highlighting the importance of proper interpretation in the utility
of research.

7. Research Report

The writing of a research report is indeed a crucial phase in the research process,
serving as the primary means through which researchers communicate their
findings and insights to their audience. A well-structured research report not only
encapsulates the journey of the researcher but also provides a clear and concise
account of the investigation conducted. Here’s a breakdown of the essential
components and considerations for crafting an effective research report:

• Purpose of the Research Report

The primary purpose of a research report is to convey the results of the

inquiry in a detailed yet accessible manner. It should enable readers to
understand the research problem, the methodology employed, the data
analysis, and the conclusions drawn. The report should be tailored to its
intended audience, which may include academics, practitioners,
policymakers, or the general public.

• Key Components of a Research Report

A comprehensive research report typically includes the following sections:

Preliminary Pages

i. Acknowledgement: A section to thank those who contributed to the

research.

ii. Preface: An introduction to the report, outlining its purpose and scope.

iii. Table of Contents: A guide to the structure of the report.

iv. Table of Cases and Statutes: Lists of legal cases and statutes referenced in
the report.

v. Abbreviations: A list of abbreviations used throughout the report.

 vi. List of Tables: A catalog of tables included in the report.

vii. Main Text

o Introduction: An overview of the research problem, objectives, and
significance of the study.
o Literature Review: A review of existing research relevant to the
topic.
o Methodology: A detailed account of the research design, data
collection methods, and analytical techniques used.
o Findings: Presentation of the data collected, often accompanied by
tables, graphs, or charts.
o Discussion: Interpretation of the findings, including their
implications and relevance to the research problem.
o Conclusions and Recommendations: Summarization of the key
findings and suggestions for future research or practical
applications.

viii. End Matter

o Bibliography: A comprehensive list of all sources cited in the report.
o Annexures: Supplementary materials such as questionnaires,
interview transcripts, or additional data.
o Index: An alphabetical listing of topics covered in the report for easy
reference.

Writing Style and Presentation

• Clarity and Conciseness: The language used should be straightforward and

free of jargon, ensuring that the report is accessible to a broad audience.
• Logical Structure: Each section should flow logically into the next, with
clear headings and subheadings to guide the reader.
• Proper Documentation: Footnotes and citations should be used to credit
sources and provide additional context where necessary.