Meaning Objective and Scope of Legal Research
Legal research is also normative because it aims to establish the standards that apply in a particular legal system. Understanding research methods helps students systematically conduct and write their research monographs, dissertations or theses. You must provide relevant, VAC-level advice and design documents effectively. All of these investigations into factual and legal issues require legal knowledge, skill, rigor, and preparation for lawyers to represent clients effectively.10 There`s a reason there are entire courses in law schools and countless books focused solely on legal research methodology. In fact, many lawyers will spend their entire careers honing their research skills – and even then, they may not have perfected the process. The results of qualitative research are generally open, which is difficult to generalize: much qualitative research is doctrinal in nature. Observation, interview, case study, survey, analysis are the most common methods of qualitative research. To some extent, this depends on the training of the researcher and the nature of the research questions. But choosing one method to the exclusion of others may be counterproductive for the further development of jurisprudence. The easiest way to find out if something is still a good law is to use a legal tool known as a Citator, which will show you subsequent cases where your source has been cited, as well as any negative stories, including whether they have been overturned, overturned, questioned, or simply differentiated. Legal research performs three main functions: the study of a legal problem, the critical description of facts and laws, and the explanation or interpretation of legal issues and concepts. Methodology is a means of investigation to achieve these objectives in a meaningful way.
Don`t cast your net too far when it comes to legal research, i.e. you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? And if it is the law of the state, which state? You may find a case in California state court that goes straight to the point, but it won`t be much help if your legal project involves New York law. Legal research methodology is simply a way of addressing and investigating unresolved legal issues or issues. Legal research methods are techniques used to obtain, analyze, interpret and apply legally relevant information to resolve outstanding issues and present results. Therefore, it is important to look at the laws and see if they meet the best interests of society or not. This is where legal research comes in. A systematic determination of the law on a particular topic in order to advance jurisprudence is called legal research. Always gather the most important facts so you know «who, what, why, when, where and how» of your case. And take the time to write everything down, especially since you`ll probably need to include a statement of facts in any filing or briefing anyway.
Even if you don`t think a fact might be relevant now, write it down because it may turn out to be relevant later. These facts will also be helpful in identifying your legal problem. Given that legal research is a complex process, it`s probably no surprise that this guide can`t give you everything you need to know. It aims to explain various aspects of the legal system, the legislative and judicial process, and the nature and function of law in society. Legal research also deals with «the understanding and internal coherence of legal concepts and argumentation. On the other hand, research methodology refers to the set of methods that guide thinking in a particular field of study. A methodology is a rationale or justification for the research approach and deals with the overall strategy or approach of the research activity. The objective of legal research is to determine in which area there is a need for law. For example, patent and copyright law and copyright and cyberlaw. Regardless of the legal research project, you need to identify the relevant legal problem, as well as the desired outcome or facilitation.
This information guides your research so you can stay focused and focused on the topic. From now on, legal research is fundamental. In order to understand the intricacies of complex laws, it is essential for us to know the process of simplifying them. Always start with secondary sources such as commentaries, manuals, articles, journals, etc. From secondary sources, one must move on to primary sources, i.e. laws, constitution, etc. After a better understanding of these sources, it is necessary to analyze and search for relevant information. Once you understand the importance of research, it would be much easier to know what legal research is and what its purposes are. We would also understand the different types of legal research. It is also important to note that research should be carried out carefully and consistently with minimal error, as its results will affect the general public. This must be done in an organized system in order to simplify the answers to questions. This article was written by Surbhi Jindal, law student at Dr.
B.R. Ambedkar National Law University, Sonipat Haryana. With this article, she attempts to explain the concept of legal research and its meaning. She continues to try to discuss some of the effective advice for legal research. Doctrinal or «black» legal research aims to explain, systematize and clarify the law on a particular subject through a distinctive mode of analysis. Such research includes choosing the hypothesis, compiling the fact-finding, classifying them, eliminating relevance, using inductive and deductive reasoning, and affirming a conclusion. Essentially, it involves the analysis of facts, the order of legal propositions and doctrines, and the application of legal arguments to conclude.