METHODS OF DATA COLLECTION IN

LEGAL RESEARCH
……………………………………………………………………

An Assignment submitted to
Nims School of Law,
NIMS UNIVERSITY Rajasthan, JAIPUR
In partial fulfillment of LL.M – I Semester (Criminal & Security Branch)) one year program
For the degree of

MASTER OF LAWS

SUBMITTED BY Submitted To

Ms./Mr./Mrs. SANJEEV KUMAAR. Name of Faculty /designation

LLM (I Sem.) NIMS school of law , JAIPUR (RAJASTHAN)

Roll No/Enrollment No.

NIMS SCHOOL OF LAW

NIMS UNIVERSITY RAJASTHAN, JAIPUR
ABSTRACT:

INTRODUCTION:

LITERATURE REVIEW:

METHODOLOGY:

FINDINGS:

CONCLUSION:

REFERENCES:

APPENDIX:
METHODS OF DATA COLLECTION IN LEGAL RESEARCH

INTRODUCTION
The Term “Data Collection” consists of the word “Data”, which means “information” and the

word “collection”, which means gathering. Data collection is a process to gather information

related to the relevant subject area to address it for the critical evaluation of the question. It

enables the researcher to answer the research questions, evaluating the hypothesis and the

result. It is one of the essential steps of the research, which is common to all the fields of the

study. The approach for the data collection may be different for the different areas of the

study. It depends on the information required for the researcher. Proper data collection

demands planning, hard work, reasoning, patience, preservation, etc. Data Collection may be

defined as the process of collection, measurement and analysis of the accurate insight for any

research using standard validated techniques. This paper is targeted to understand the concept

of Data collection. The author has explained various methods and techniques of the data

collection by taking suitable examples where needed.

TYPES OF DATA
Data, as stated earlier, means “information”. It has been broadly classified into the

following types; Based on the source Primary Data- the data which has been collected by

the researcher from the data source. It is directly collected from the original source, for

example- Data collected by the Government organisation, research based private institutions,

data collected by the Investigator on the field, Academic Researchers for their study.

Secondary Data- Those data which were primary data at one point in time, but it becomes

secondary when used by another person than the person who has collected those data. In

other words, the data has been collected by someone else but used by others for their

purposes.
For example, when one researcher refers to the previous work of others in the relevant field

for their study or analysis.

Based on the Nature Quantitative Data- Quantitative data is numeric and can be computed

mathematically. It can be summarised easily through a table, graphs, maps, etc. It produces

results that are easy to compare and generalise. Quantitative Data- Mostly it is non-numeric

and generally descriptive in nature. Generally, the data collected aims to collect the feelings,

emotions, or subjective answers to the targeted questions. Generally, the questions include

“how” or “why”. The data only indicates the particular groups involved and cannot be

generalised outside of the targeted groups.

METHODS OF DATA COLLECTION

Methods of Data collection is an approach of the researcher or

any organisation by which they gather the information for their study or
research. Though the researchers or any originations is free to adopt any
methods which are easy and suitable for their study, there are a number
of defined methods of data collection which includes-

• Observation Method

• Questionnaires Method

• Survey Method

• Interview Method

• Focus Group Discussion Method

• Case Study Method

• Experimental Method

• Sampling Method

OBSERVATION METHOD
In simple words, researchers or a group put their efforts to observe real-life situations

under this method. This method is widely used in studies relating to behavioural sciences.
This method is not considered as a scientific observation because it is not collected with the

help of any scientific tool. The validity and reliability may differ from person to person. The

advantage of this method is that there is less chance of subjective biases if it is done

accurately under this method. The second advantage of this method is that it relates to the

things which are currently happening; it is not based on any past behaviour or future

intention. The third advantage of this method is that it is independent of the respondents.

However, this method has certain limitations, like, under this method, the information may be

very limited, and at the time of observation, certain unforeseen factors may interfere and

affect the result.

Major Advantages of this Method

• Strong reliability

• A researcher is free to observe bias

• Less Expensive

• A large sample can be collected Major Disadvantages of this Method

• Much of the interaction is absent.

• Fresh insights are difficult to be gathered.

QUESTIONNAIRES METHOD
SURVEY METHOD:

Under this method, the researcher records thoughts, opinions and feelings, etc., with the required
information. For the general understanding, we can look into the surveys done by various
organisations these days. Organisation sends forms of a survey through e-mail or SMS to understand
the behaviour of the customer towards their services. These online surveys are done for extracting
information about significant business matters. Generally, Psychologists and sociologists use this
method to analyse the behaviours of the respondents. In this method, questions are predetermined
by the researcher like a questionnaire. The researcher compares the attitudes of the different
respondents, and one can also analyse the behavioural change of the respondent with time. A
repeated survey can serve this objective. A survey can be done by using electronic means,
telephone, mobile or direct interaction with the respondent. In the survey method, a designed and
validated instrument of survey should be used to ensure the accuracy of collected data. Like
questionnaires, in this method, questions may be open or close-ended, but in this method, the
researcher should use open ended questions as far as possible. A pilot study must be done by the
researcher before applying it to the large population. For example, the researcher may use this
method for small groups and may analyse that the method is working on archiving his/her
objectives.

Some Important Considerations need to be in a good ‘survey method’.

• Planning- The Researcher must outline the plan the whole process of data collection through this
method at the beginning.

• Design - The Researcher must design a methodology and sample collection method. • Testing-
Pilot testing should be done at the beginning.

• Analysis- Analysis of Pilot testing should be done to reveal various problems. Major Advantages of
this method

• It is cheaper as compared to other methods

• Behaviour, feelings and opinions can be gathered.

• A large number of populations can be targeted.

• Versatile collection of the response.

Major Disadvantages of this Method

• The process involved under this method are complex

• Sensitive information is difficult to be gathered.

INTERVIEW METHOD

It is one of the methods to gather detailed information from the respondent. In this method,
researchers generally interact with respondents face to face. Sometimes interviews may be done
through Telephone, Mobile, or in other electronic forms. Face to Face interaction has its own
advantages, like which is not in the plan sheet can be asked to the interviewee. If there is any
misconception to the respondent, it can be solved in realtime. Telephone or other electronic forms
of the interview is advantageous as it is cheaper and can be done rapidly than face to face interview.
An interview is an engagement of researcher and respondent in a direct form. Interviewing an
individual or a group of individuals involves asking the question and getting the answer immediately.

Types of Interviews

There are various types of interviews. Some Important types of interviews are as follow:

• Structured Interview

• Semi-Structured Interview

• Unstructured Interview

Structured Interview: Structured interviews are those forms of the interview that involve the use of
a set of predetermined questions. In this method, the researcher asks the same series of questions
to every participant. There are less open ended questions in the structured interview to avoid many
variations in responses. The role of the interviewer is neutral and does not put his/her opinion in the
responses. This method should be used on the literate participant so that they can understand the
question and relevant topic of the study. Semi-Structured Interview Semi-Structured interviews are
those interviews where an “interview guide” is used. A list of questions arranged in a particular
manner is set to be asked to the interviewee. According to Bernard, this interview is very useful
when the researcher gets only one chance to interview someone. Generally, under this method,
open-ended questions are set to be asked to the interviewee. While conducting an interview under
this method, the researcher should record the interview because it would be a little difficult for the
researcher to jot down every response of the interviewee and conduct the interview smoothly.
Later, the researcher may jot down the responses with the help of recorded audio or audio-video
interview. Unstructured Interview Under this method, there is no structured interview guide. A
researcher should have a clear plan in his/her mind to focus on the goal of the interview. The whole
interview is guided by the plan of the researcher. Under this method, the nature of questions is
again open-ended, and the interviewee expresses his/her views on the topics. The researcher should
again record the interview because the nature of the questions is open-ended, and it would be
difficult to jot down the response of the interviewee.

Major Advantages of this method

• There is always a possibility to re-structure the question as per the need of the researcher.

• More information can be gathered in-depth.

• Personal information can be easily obtained.

• Control over the person who is responding; generally, it is not in the case of a questionnaire,
survey and other methods of data collection.

• There is generally a low chance of nonresponse.

• Misinterpretation and misunderstanding are very low in the interview process.

• An interviewer can make it clear when the interviewee needs some examples to understand the
question.

• Chance of getting new insights for the interviewer. Major Disadvantages of this Method

• It is an expensive method.

• Some irrelevant information may be obtained from the interviewee, which is not as per the goal of
the interview.

• There is a chance of some systematic errors in a real-time interview.

• There is a chance of biases of the interviewer as well as interviewee, which may affect the validity
of the result.

• This is a time-consuming method and can be done with a limited number of individuals.
• Sometimes, important officials, higher executives, high-income group people are not easily
approachable, and to that extent, the data may prove inadequate. Focus Group Interview Method In
this method, a small group, generally six to seven people, discusses a study agenda topic. Some
moderator usually moderates this discussion. In this method, the participants disclose their views,
opinions, reasons, etc., on a topic, which is recorded by the researcher for their study. This method
was evolved with the work of Merton and Fiske in the 1940s, who were using this method to record
consumer satisfaction. In this method, some general questions are asked to a group, which is
supposed to be answered by each participant. Some Important Considerations need to be in a
‘focus-group’ method.

• General and Standard Questions- The questions for the discussion should be general which can be
understood by each participant, and it should also be in a standard form so that the objective of the
discussion may be fulfilled and the researcher may draw some relevant data from the group
discussion method.

• Number of Participants- There should be a small number of participants for each group so that the
discussion may go smoothly and each participant can get adequate time to respond to the question.
• Moderator- The discussion should be facilitated by a trained moderator who can make coherence
between all the individuals to the group.

Major Advantages of this method

• In-depth information on the concept.

• A knowledgeable and experienced individual can be targeted.

• A topic that is difficult to be observed can be discussed under this method.

• It can be used to examine the reason behind the different thinking among people.

• Do not require participants to be literate.

Major Disadvantages of this method

• Time Consuming • Sometimes due to diverse and different opinions among the people, there is no
final result. • Difficult to arrange the meetings as each participant should be available at the decided
time.

CASE STUDY METHOD Under this method, a single person, group, community, etc., are targeted for
a detailed study. This method was originated in the field of clinical medicine, where a number of
patients used to be kept under observation and a detailed medicinal response was observed by the
doctors. This method is still used in the field of medicine or drug trial. Nowadays, this method is
widely used in other fields also like psychology, psychiatry, legal fields, etc.

Types of Case Study • Prospective Case Study • Retrospective Case Study • Explanatory Case Study
Prospective Case Study In this type of case study, an individual or a group is observed, and on the
basis of observation, the researcher reaches the outcome. This method is generally used in the field
of medical science, where an individual or a group is kept under observation for an outcome.
Retrospective Case Study In this type of case study, the researcher looks into the historical data to
reach the outcome. For example, if a researcher asks individuals to share the historical information
and find out some root cause of the problem. Explanatory Case Study Under this method, the
researcher analyses the data closely and draw a theory and later tests the theory on defined
principles. In legal fields case study method is slightly different from the other fields. In this field, a
researcher refers to the different case laws on a single issue that has been already decided by the
Courts. Once the researcher collects the cases they analyse in respect of the legal provisions of the
respected jurisdiction. In the next step, generally, a researcher refers to finding out of lacuna. In the
last step, the researcher analyses it with his objective and gives the results and suggestions.

Major Advantages of this Method

• Under this method, a researcher may find out some new helpful thing which may give a new
theory to the researcher.

• This study method may increase the analytical skills of the researcher.

• This study method may deal with all the aspects of the social units.

• It is a practical based application. Major Disadvantages of this Method

• Time taking and vague process

• There is no limitation of the study. A researcher finds it difficult to decide where to stop.

• Sometimes, it becomes difficult to compare the data of the different samples.

EXPERIMENTAL METHOD

This method is generally used in the field of science. Under this method, a researcher tries to find
out the cause and effect relationship. There are two variables in any research one is an independent
variable, and the other is a dependant variable. The variable which the researcher manipulates is
refereed as an independent variable, while the variable which changes due to the manipulation in
the independent variable is known as the dependent variable. Here, in this case, “cause” is an
independent variable and “effect” is its dependent variable. Types of Experimental Method

• Laboratory Experiments- these experiments are generally done in the laboratory, which is done in
a controlled environment. In this type, accurate measurements are possible. The outcome of this
method is able to be replicated.

• Field or Natural Experiments- these experiments are the type of experiment in which the
researcher examines what is the effect on the dependent variable as a result of manipulation in the
independent in the context of the natural environment. In this type of study, even participants do
not know that they are being studied, and due to this, it has higher ecological validity than a lab
experiment. Major Advantages of this Method

• Specific Conclusion- In this method, there is control over the variables which is specific and
relevant to the study.

• Duplication- the result of the experimental method can be duplicated when the same variables and
same process are repeated again.
• Cause and Effect- the experiment allows the researcher to determine various causes and effects.

• Control over variables- Researchers have control over the variable, and it can be used to gain
different insights. Major Disadvantages of this Method

• Error- In the experimental method, there is a high chance of human errors.

• Replication- Under this method, the result may apply in one situation and may not suit other
situations.

• Ethical and Practical Problems- In the Experimental method, there may be a chance of facing
ethical and practical problems. SAMPLING METHODS Sampling Methods of data collection is used
when a researcher needs to collect information from a large population. Practically it is not possible
to collect the data from each individual from the population and analyse the whole data at once. In
this method, the researcher collects the sample from the public and analyse it, considering it on the
whole targeted population. There are various techniques of sampling methods by which researchers
can get valid data from a large population. Some of the important techniques are as follows; •
Simple Random Sampling • Systematic Sampling • Stratified Sampling • Clustered Sampling •
Snowball Sampling

Simple Random Sampling

In this method of sampling, the researcher chooses the individual from the population by chance.
Each individual of the population has an equal chance of being selected. In other words, the
probability of selection is the same for each individual from a group of the population. For example,
in a group, there are 500 people, and 125 people are to be taken as a sample; in this case, the
researcher writes the name or any code for each people and keep it into a box and randomly selects
125 names for sample. In general words, it can be termed as a lottery chance. One of the Advantages
under this method of collection is that it is a straight method for the collection of samples, and there
is no chance of bias as the researcher himself/herself does not know who is going to be selected as a
sample. One of the major disadvantages of this method is that there may be a chance of non-
selection of the individual, which can be unmatched with the characteristic of interest.

Systematic Random sampling in this method, individuals are selected with a regular interval from a
sampling frame. For example, a researcher needs 500 sample size from a population of 5000 people;
then, he may select the sample on the basis of 5000/500= 50th number of the sampling frame. This
method is more convenient than the simple random sampling method. Stratified Sampling In this
method, the group or population is divided into various subgroups with similar characteristics. It is
used to measure the interest between the different individuals of subgroups. For example, if there
are a number of students consisting of male students and female students, then under this method,
two groups consisting of one male group and another female group may be made to understand the
views of male and female students. Equal representation is also a factor which should be kept in
mind while making the groups. For example, in college, there are 500 students consisting of 300
male students and 200 female students. In this case, from each group, an equal number of
representations is needed; for example, a researcher can make two groups consisting of 100 male
students and 100 female students.
Clustered Sampling In this sampling method, the population are divided into subgroups which are
known as “clusters”. Subgroups of a population are used as a unit rather than individuals. Snowball
Sampling In this method, the individual who is selected for the sample is asked to nominate further
known subject to him/her, so the sample itself increase in size like a rolling snowball. This method is
generally used in the field of social sciences to investigate a group that is hard to reach. Conclusion
Data is one of the important requirements of any research; without data, a researcher cannot reach
to any conclusion, and his research would never be completed. There are various methods and tools
which is used by the researcher for the data collection. On the basis of the nature of the source, the
data has been classified into two categories, namely primary data and secondary data. Primary data
are the data that is collected by the researcher from the source itself; whereas the secondary data
are the data which is not collected from the source but collected from the others work. The above
discussion relates to the collection of primary data, which can be collected by different techniques
like questionnaires, interviews, surveys, sampling, experiments, etc. The researcher should store all
the data in a systematic form and must analyse it reach to some conclusion.