Research Methodoloy LLM FINAL NOTES

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RENAISSANCE UNIVERSTITY, INDORE (M.P)
UNIT-I
BASICS OF LEGAL RESEARCH
• Characteristics of scientific method – applicability of scientific
• Concepts and constructs- relationship between theory and fact
Which comes first: the chicken or the egg?
MEANING OF RESEARCH & LEGAL RESEARCH
‘Research’, in simple terms, can be defined as ‘systematic investigation towards

increasing the sum of human knowledge’ and as a ‘process’ of identifying and
investigating a ‘fact’ or a ‘problem’ with a view to acquiring an insight into it or
finding an apt solution therefore. An approach becomes systematic when a
researcher follows certain scientific methods.
In the modern complex world every society today is faced with serious social,
economic & political problems. These problems need systematic, intelligent and
Practical solutions. Problem solving is technical process. It requires the accumulation
of new knowledge. Research provides the means for accumulating knowledge &
wisdom. In other words, research is a systematic effort of gatheringanalysis &
interpretation of problems confronted by humanity. It is a thinking process and
scientific method of studying a problem and finding solution. It is an in-depth analysis
based on reflective thinking.
This is not an easy task to find the meaning of legal research as law is a vast mass
of statutes which are constantly amended and supplemented by rules regulations,
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orders, directives, ordinances, judgment of courts, and bye-laws. Also for making
advancement in the science of law requires a systematic probe into the underlying
principles of and reasons for law. Thus, legal research has a broad ambit to it. It
has to be continuously done by legislators, a judge, a lawyer, a law student and a
law teacher.
In this context, legal research may be defined as ‘systematic’ finding law on a

particular point and making advancement in the science of law. However, the
finding law is not so easy. It involves a systematic search of legal materials,
statutory, subsidiary and judicial pronouncements. For making advancement in the
science of law, one needs to go into the ‘underlying principles or reasons of the
law’. These activities warrant a systematic approach. An approach becomes
systematic when a researcher follows scientific method.
Generally, law is influenced by the prevailing social values and ethos. Most of the
times, law also attempts to mould or change the existing social values and
attitudes. Such a complex nature of law and its operation require systematic
approach to the ‘understanding’ of ‘law’ and its ‘operational facets’. A systematic
investigation into these aspects of law helps in knowing the existing and emerging
legislative policies, laws, their social relevance and efficacy, etc.
DEFINITON OF RESEARCH
Research in common parlance refers to a search for knowledge. One can also
define research as a scientific and systematic search for pertinent information on a
specific topic. Research is an academic activity and the term should be used in a
technical sense.
a) -William Emory defines Research as "any organised enquiry designed and

carried out to provide information for solving a problem"
b) The new Oxford English Dictionary defines research is "the scientific

investigation into and study of material, sources etc in order to establish facts and
the reach new conclusions".
c) Redman and Mory defines, research as "a systematised effort to gain new
knowledge''.
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d) Advanced Leaner's Dictionary defines as "A careful investigation or inquiry
especially through search for new facts in any branch of knowledge."
CHARACTERSITICS OF RESEARCH
The above definitions reveal the following characteristics of Research
\ 1. Research is a systematic and critical investigation into a phenomenon.

2. It is not mere compilation of facts.
3. It adopts scientific method.
4. It is objective & Logical
5. It is based on empirical evidence.
6. Research is directed towards finding answers to questions
7. It emphasis the generalization of theories and principles.

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OBJECTIVES OF RESEARCH
The objectives of Research can be grouped under the following heads
1. To gain familiarity with a phenomenon or to achieve new insights to it.
2. To portray accurately the characteristics of a particular individual situation or a

group.
3. To determine the frequency with which something occurs or with which it is

associated with something else.
4. To test a hypothesis or a casual relationship between variables.
5. To ‘know’ and ‘understand’ a phenomenon with a view to formulating the

problem precisely.
6. To ‘describe’ accurately a given phenomenon and to test hypotheses about

relationships among its different dimensions.
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PURPOSE OF LEGAL RESEARCH
Law does not sit in a vacuum instead it operates in a complex social context. It
reflects attitudes and behavioral norms, and also control and mould them. However
as these norms are also temporo-spatial, that is changing with time and space, it is
desirous that law has to adapt and be dynamic in order to cope with the changes.
Thereby, legal research becomes essential for ascertainment of law, to point out
ambiguities and weaknesses of law, to critically examine the laws in order to
ensure coherence, consistency and stability of law and its underlying policy, to
conduct a social audit of the law, and to suggest reforms in the law. Taking them
one by one:
1. Ascertaining the law
In a complex mass of legal statues and coupled with allied legal material it is not
always easy to find the law on a particular point. They are scattered and a single
issue may involve application of various laws. Judicial pronouncements add to the
complexity. A researcher needs to locate, analyze and understand these
pronouncements. So the process involves an intensive analysis of legal instruments
and judicial pronouncements.
2. Highlighting ambiguities and gaps

A law is not designed to address every contingency that might arise in future.
Because it’s the nature of law that it is reactive it answers to problems which had
arisen and seldom is it that it is proactive. Secondly even the phraseology of a
provision may not fit with the legislative intent or may not match with other
provisions of the Act. Research highlights these gaps and inbuilt ambiguities.
3. Determining coherence, stability and consistency

Via a process of critical evaluation of the law a researcher can exhibit the
consistency, coherence and stability in the law. This helps in future designing and
development of law, legal provision or doctrine, as the case may be.
4. Social auditing of law

It’s a pre-legislative step done in order to understand and appreciate the social
factors that had an impact on the making of the law. It enables one to know the
stakes the law intends to protect or change and reasons for the same.
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Such an audithelps to identify gap, if any between the legal ideal and the social
reality and to know the reasons responsible thereof. It also enables us to predict the
future of law.
5. Suggesting reforms
In the light of the research reforms can be proposed in precise terms. These
outcomes can be on the basis of an analytical, historical and comparative research.
RESEARCH METHOD & RESEARCH

METHODOLOGY
It is necessary to explain the differences between research methods & research

methodology. Research methods may be understood as all those methods &
techniques that are used for conducting research. Research methods, thus refer to
the methods the researcher use in performing the research operations. In other
words all those methods which are used by the researcher during the course of his
research problem are termed as as research methods.
Research methodology is a way to systematically solve the research problem. It

may be understood as a science of studying how research is done scientifically.
Abraham Kaplan defines research methodology in this way. Research
methodology is "the description, explanation & Justification of various methods of
conducting research".
Research Methodology has many dimensions and research methods do constitute a

part of Research Methodology. The scope of Research Methodology is wider than
that of research methods. "Thus, when we talk of research methodology we not
only talk of the research methods but also considered the logic behind the methods
we use in the context of our particular method or technique & why we are not
using others. So that research results are capable of being evaluated either by the
researcher himself or by others" Why a research study has been undertaken how
the research problem has been defined in what way & why the hypothesis has been
formulated, what data have been adopted etc ate usually answered when we talk of
Research Methodology.
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KINDS OF LEGAL RESEARCH
The basic types of research can be broadly classified in various subsets wherein
they can be understood in comparison with another kind of research. Those are:
1. Descriptive and Analytical Legal Research
The former describes the state of affairs as it exists. It describes the phenomenon,
reporting what has happened or what is happening, without going into the reason
or cause for the same. The tools used are surveys, comparative and co-relational
methods and fact-finding enquiries. But it does not establish any relationship
between the variables.
The analytical research however uses the facts and information available to make a
critical evaluation. In analytical research, the researcher uses his facts or
information already available and makes their analysis to make a critical evaluation
of the material.
2. Applied vs. Fundamental Research
Applied research or action research aims at finding a solution for an immediate

problem. Here the researcher sees his research in a practical context. While in
fundamental research or pure research or basic research, the researcher is mainly
concerned with generalization and with the formulation of a theory. He undertakes
research only to derive some increased knowledge in a field of his inquiry. He is
least bothered about its practical context or utility. Research studies concerning
human behavior carried on with a view to making generalizations about human
behavior fall in the category of fundamental or pure research. But if the research
(about human behavior) is carried out with a view to solving a problem (related to
human behavior), it falls in the domain of applied or action research.
The central aim of applied research is to discover a solution for some pressing
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practical problem, while that of fundamental research is to find additional
information about a phenomenon and thereby to add to the existing body of
scientific knowledge. The ‘applied’ scientist is thus works within a set of certain
values and norms to which he feels committed.
A sociologist, for example, when works with a social problem to find solution
therefore and proposes, through a systematic inquiry, a solution or suggests some
measures to ameliorate the problem, his research takes the label of ‘applied’ or
‘action’ research. But when he undertakes a study just to find out the ‘what’, ‘how’
of the social problem, his inquiry takes the nomenclature of ‘pure’ or
‘fundamental’ research.
3. Quantitative vs. Qualitative Research
Quantitative research is based on the measurement of quantity or amount. It is

applicable to a phenomenon that can be expressed in terms of quantity. It is
systematic scientific investigation of quantitative properties of a phenomenon and
their inter-relation. The objective of quantitative research is to develop and employ
mathematical models, theories and hypotheses pertaining to the phenomenon under
inquiry. The process of measurement, thus, is central to quantitative research
because it provides fundamental connection between empirical observation and
mathematical expression of quantitative relationship.
Qualitative research, on the other hand, is concerned with qualitative phenomenon,

i.e. phenomenon relating to or involving quality or kind. For example, when a
researcher is interested in investigating the reasons for, or motives behind, certain
human behavior, say why people think or do certain things, or in investing their
attitudes towards, or opinions about, a particular subject or institution, say adultery or
judiciary, his research becomes qualitative research. Unlike quantitative research,
qualitative research relies on reason behind various aspects of behavior.
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4. 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. In
empirical l research, it is necessary to get facts firsthand, at their source. In such a
research, the researcher must first provide himself with a working hypothesis or
guess as to the probable results. He then works to gets enough facts (i.e. data) to
prove or disprove his hypothesis.
CONCEPTS AND CONSTRUCT- RELATIONSHIP BETWEEN THEORY AND

FACT
The relationship between theory and fact in research methodology is a fundamental aspect
of the scientific process. It involves the interplay between abstract conceptual frameworks
(theories) and empirical observations (facts) and is crucial for advancing knowledge and
understanding in various fields of study. Here's a breakdown of this relationship:
1. Theory
- Conceptual Framework: A theory is a systematic and organized set of concepts,
ideas, and principles that are used to explain and interpret a particular phenomenon.
Theories provide a conceptual framework for understanding and making sense of the
world. They are constructed based on existing knowledge, prior research, and hypotheses.
- Generative: Theories are generative in that they generate hypotheses and predictions
about how the world works. They guide researchers in forming specific research
questions and hypotheses to be tested.
- Abstraction: Theories are often abstract and generalized. They do not describe
specific instances or facts but provide a broader understanding of patterns, relationships,
and principles that underlie phenomena.
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2. Fact
- Empirical Observations: Facts, on the other hand, refer to specific, verifiable pieces
of information or data obtained through observation, measurement, or experimentation.
These are concrete and tangible pieces of information.
- Data: Facts are typically derived from collected data. They can include measurements,
descriptions, statistics, or other empirical evidence that can be directly observed or
measured.
3. Relationship
- Hypothesis Testing: In research methodology, theories and facts are intertwined in a
continuous process. Researchers start with a theoretical framework (theory) that guides
their research. They then collect empirical data (facts) to test the predictions and
hypotheses derived from the theory.
- Iterative Process: This relationship is iterative. Empirical findings can either support
or refute a theory. If facts align with the predictions made by a theory, the theory gains
empirical support and credibility. If facts contradict the theory, it may need to be revised
or discarded, leading to the development of new theories.
- Progress in Science: This back-and-forth between theory and facts is what drives
scientific progress. It helps refine our understanding of the world and leads to the
development of more accurate, comprehensive, and predictive theories.
- Cyclical Process The relationship between theory and facts is not a one-time event but
a cyclical process. New theories are developed, tested with facts, and refined over time,
creating a cycle of knowledge development and refinement.
In summary, theory and fact are intimately linked in research methodology. Theories
provide the framework for generating hypotheses and predictions, while facts, derived
from empirical observations, serve to test and validate these hypotheses. This iterative
process of theory development and empirical testing is fundamental to the advancement
of knowledge in various disciplines.
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STAGES OF RESEARCH PROCESS
1. Identification and Formulation of a

Research Problem
↓
2. Review of Literature
↓
3. Formulation of a Hypothesis (where
feasible)
↓
4. Research Design
↓
5. Collection of Data
↓
6. Analysis of Data
↓
7. Interpretation of Data
↓
8. Research Report
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1. Identifying and formulating a research problem
Is the first step in the process. If ill defined and not properly formulated the
researcher is bound to lose interest in the research. The researcher has to have a
precise goal in sight. For that purpose it is necessary for the researcher to identify
an area of general interest from that field an area of specific interest and within that
area of specific interest a particular aspect that he would like to inquire into. That
would signify the focus and direction of his inquiry. That has to based on study
done from the secondary sources like a commentary, a scholarly article, like
Blackstone’s Commentaries on the Laws of England. Secondary sources would
point a researcher to the primary sources of the law namely, legislative texts and
judicial decisions.
2. Review of literature
That is necessary because it would make the results to be both valued and valuable.
It is a survey of the existing related works in order to find out as to what has
already been discussed on the particular aspect; it will also give an understanding
as to what has not been discussed.
3. Formulation of Hypothesis
On the basis of an extensive literature survey, a researcher might re=phrase or

reformulate the problem. That can be depending upon the nature of research can be
in the form of a mere statement or a proposition indicating relationship between
variables, the validity of which is not known. Such propositions are known as
hypothesis. So it is a tentative statement the validity or invalidity of which has to
be tested on the basis of research. The manner in which it is formulated gives a hint
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of methods required, kind of data needed and the method of analysis required for
the research.
4. Research Design
It signifies the structure of the research. It is characterized by a logical systematic

planning of the research, a blue-print. Though it may be tentative, as the researcher
cannot foresee all the contingencies that might arise and thus he can adapt as
required which would increase the efficiency and reliability of his findings.
5. Data Collection
It involves decision making as to the method to be employed to collect the data.

That determines the fate of the research. For determining the appropriate method a
researcher has to keep in mind the objectives of the research and the scope of the
inquiry. Data may be primary or secondary. Data collected by primary sources is
primary. While one collected from some other agency or available in some
published form is secondary. A data has to be relevant and authoritative that would
primarily depend upon the scope and focus of the research question.
6. Data Analysis
The next task after collection of data is its analysis. The raw data has to be putted
to analysis so as to reflect the direction and trend. Analysis happens before
interpretation. There is no clear cut demarcation between the two as analysis is not
complete without interpretation and interpretation cannot precede analysis. They
are thus interdependent. Analysis involves processes like classification and
categorization (arranging data in classes according to their resemblance or
affinity), coding (assigning symbols or numerical to every class so that it can be
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counted or tabulated), and tabulation (arranging data in requisite rows and

columns, this can show relation between variables and also facilitate comparison).
In a legal research cases are also required to be analyzed, however, with a caution
that two different set of facts can lead to different outcomes, or may be for the
reason that an earlier case law can be distinguished on the basis of question of law
raised.
7. Interpretation of Data
It is drawing inferences from the collected data. That can be inductive or

deductive. Inductive is inference from particular propositions to general
propositions, while deductive is inferences from general proposition to particular
propositions. The interpretation gives the broader meaning to research findings and
as well trigger new researches. However, caution must be exercised in interpreting
the data it needs to be impartial and objective. A wrong interpretation can lead to
inaccurate and misleading conclusions.
8. Report
The last phase is report writing. Though, this he communicates his work to the
audience. Report contains significant facts, those are the problem, method used and
the findings arrived at by the researcher. It has to be original and with precise
clarity in communicating the results.
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CHECK YOUR PROGRESS

Ques 1- What do you understand by the term ‘research’?
Explain its significance in modern times.
Ques 2- Describe different types of research and explain

basiccharacteristics of each one of them.
Ques 3- Briefly explain the difference between research

methods and research methodology.
Ques 4- What are the objectives of research?
Ques 5- Briefly describe the different steps involved in

a research process.
Ques 6- What is meant by scientific method? Explain its

significance and utility in research.
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UNIT- II
RESEARCH PROBLEM, HYPOTHESIS, RESEARCH

DESIGN, SAMPLING
SYNOPSIS
Research Problem – Definition, Determination, Sources of Data
Hypothesis – Meaning and definitions, Characteristics,

ResearchQuestions and Hypothesis
Research Design – Meaning and essentials of Research

Design,Forms of Research Design, and major steps
Testing of Hypothesis
Sampling techniques – definition, basic assumptions, classifications
WHAT IS RESEARCH PROBLEM?
The identification of the research problem is the first step in the research
process. It is similar to the identification of the destination before a journey. It
works as the foundation for the whole research process. In thefield of law, a
research problem is presented in the form of a question. It helps in narrowing
down the issue to something that is reasonable for conducting a study.
A research problem is a statement about an area of concern, a condition to be
improved, a difficulty to be eliminated, or a troubling question that exists in
scholarly literature, in theory, or in practice that points to the need for meaningful
understanding and deliberate investigation. In some social science disciplines the
research problem is typically posed in the form of a question. A research problem
does not state how to do something, offer a vague or broad proposition, or present
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a value question.
It refers to the sense of awareness of a prevalent social problem, a social

phenomenon or a concept that is worth study – as it requires to be investigated to
understand it. The researcher identifies such a research problem through his
observation, knowledge, wisdom and skills.
In simple terms research problem means a statement the identifies the

problem or situation to be studied.
In absolute terms, a research problem can be defined as the statement regarding the
area of concern, or a condition that needs to be improved, an unresolved question that
exists in the literature, a difficulty that needsto be eliminated or any point that needs
some meaningful investigation. In order to conclude ideal research, one needs to find
logical answers to research problems.
PURPOSE
The purpose of a problem statement is to:
1. Introduce the reader to the importance of the topic being studied. The reader is
oriented to the significance of the study and the research questions or hypotheses to
follow.
2. Places the problem into a particular context that defines the parameters of what is
to be investigated.
3. Provides the framework for reporting the results and indicates what is probably
necessary to conduct the study and explain how the findings will present this
information.
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CHARACTERSTICS
For your research problem to be effective, make sure that it has these basic
characteristics:
. Reflecting on important issues or needs;
• Basing on factual evidence (it’s non-hypothetical);
• Being manageable and relevant;
• Suggesting a testable and meaningful hypothesis (avoiding useless answers)
Formulation of Research Problem
Formulating your research problem enables you to make a purpose of your study
clear to yourself and target readers. Focus your paper on providing relevant data to
address it. A problem statement is an effective and essential tool to keep you on
track with research and evaluate it. There are Five ways to formulate the
research problem:
Specify your Review its

Explore its
research context or
nature;
objectives; environment;
Determine
Alternative
variable
relationships; approaches.
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SOURCES OF DATA
The sources of data may be classified into

(a) primary sources and
(b) secondarysources.
Primary Data- Data that has been collected from first-hand-experience is known as
primary data. Primary data has not been published yet and is more reliable,
authentic and objective. Primary data has not been changed or altered by human
beings; therefore its validity is greater than secondary data. Importance of Primary
Data: In statistical surveys it is necessary to get information from primary sources and
work on primary data. For example, the statistical records of female population
in a country cannot be based on newspaper, magazine and other printed sources.
A research can be conducted without secondary data but a research based on only
secondary data is least reliable and may have biases because secondary data has
already been manipulated by human beings. One of such sources is old and secondly
they contain limited information as well as they can be misleading and biased.
Sources of Primary Data: Sources for primary data are limited and at times it becomes
difficult to obtain data from primary source because of either scarcity of
population or lack of cooperation. Following are some of the sources of primary
data.
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1.Observation Method- The observation method is the most commonly used method
specially in studies relating to behavioural sciences. Observation becomes a scientific
tool and the method of data collection for the researcher, when it serves a formulated
research purpose, is systematically planned and recorded and is subjected to checks
and controls on validity and reliability. Under the observation method, the information
is sought by way of investigator’s own direct observation without asking from the
respondent. For instance, in a study relating to consumer behaviour, the investigator
instead of asking the brand of wrist watch used by the respondent, may himself look at
the watch. The main advantage of this method is that subjective bias is eliminated, if
observation is done accurately. Secondly, the information obtained under this method
relates to what is currently happening; it is not complicated by either the past
behaviour or future intentions or attitudes.
2.Questionnaire Method- A questionnaire is a research instrument consisting of a

series of questions and other prompts for the purpose of gathering information
from respondents. Although they are often designed for statistical analysis of the
responses, this is not always the case. The questionnaire was invented by Sir Francis
Galton (1822 - 1911). Questionnaires have advantages over some other types of
surveys in that they are cheap, do not require as much effort from the questioner as
verbal or telephone surveys, and often have standardized answers that make it
simple to compile data. As a type of survey, questionnaires also have many of
the same problems relating to question construction and wording that exist in other
types of opinion poll.
3.Interviews- Method Interviewing involves asking questions and getting answers

from participants in a study. Interviewing has a variety of forms including:
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individual, face-to-face interviews and face-to-face group interviewing. The
asking and answering of questions can be mediated by the telephone or other
electronic devices (e.g. computers). Interviews can be –
(a)Personal interviews: Personal interview method requires a person known as the

interviewer asking questions generally in a face-to-face contact to the other person or
persons. (At times the interviewee may also ask certain questions and the interviewer
responds to these, but usually the interviewer initiates the interview and collects the
information.) This sort of interview may be in the form of direct personal investigation
or it may be indirect oral investigation. In the case of direct personal investigation, the
interviewer has to collect the information personally from the sources concerned.
(b)Telephone interviews: This method of collecting information consists in contacting

respondents on telephone itself. It is not a very widely used method, but plays
important part in industrial surveys, particularly in developed regions.
4.Schedule Method- This method of data collection is very much like the collection of
data through questionnaire, with little difference which lies in the fact that schedules
(proforma containing a set of questions) are being filled in by the enumerators who are
specially appointed for the purpose. These enumerators along with schedules, go to
respondents, put to them the questions from the proforma in the order the questions are
listed and record the replies in the space meant for the same in the proforma. In certain
situations, schedules may be handed over to respondents and enumerators may help them
in recording their answers to various questions in the said schedules. Enumerators explain
the aims and objects of the investigation and also remove the difficulties which any
respondent may feel in understanding the implications of a particular question or the
definition or concept of difficult terms.
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5.Case Study Method- Case studies are in-depth investigations of a single person, group,
event or community. Typically data are gathered from a variety of sources and by using
several different methods (e.g. observations & interviews). The case study research
method originated in clinical medicine (the case history, i.e. the patient’s personal
history). The case study method often involves simply observing what happens to, or
reconstructing ‘the case history’ of a single participant or group of individuals (such as a
school class or a specific social group), i.e. the idiographic approach. Case studies
allow a researcher to investigate a topic in far more detail than might be possible if they
were trying to deal with a large number of research participants (nomothetic approach)
with the aim of ‘averaging’. In a case study, nearly every aspect of the subject’s life
and history is analyzed to seek patterns and causes for behavior. The hope is that learning
gained from studying one case can be generalized to many others. Unfortunately, case
studies tend to be highly subjective and it is difficult to generalize results to a larger
population.
6.Survey Method Survey - research is often used to assess thoughts, opinions, and
feelings. Survey research can be specific and limited, or it can have more global,
widespread goals. Today, survey research is used by a variety of different groups.A
survey consists of a predetermined set of questions that is given to a sample. With a
representative sample, that is, one that is representative of the larger population of
interest, one can describe the attitudes of the population from which the sample was
drawn. Further, one can compare the attitudes of different populations as well as look for
changes in attitudes over time. A good sample selection is key as it allows one to
generalize the findings from the sample to the population, which is the whole purpose
of survey research. Surveys provide a means of measuring a population’s
characteristics, self-reported and observed behavior, awareness of programs, attitudes
or opinions, and needs. Repeating surveys at regular intervals can assist in the
measurement of changes over time. These types of information are invaluable in
planning and evaluating government policies and programs. Unlike a census, where
all members of a population are studied, sample surveys gather information from
only a portion of a population of interest.
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Secondary Data
Secondary data is the data that is collected from the primary sources which can be
used in the current research study. Collecting secondary data often takes considerably
less time than collecting primary data where you would have to gather every information
from scratch. It is thus possible to gather more data this way. Secondary data can be
obtained from two different research strands – Quantitative: Census, housing, social
security as well as electoral statistics and other related databases. Qualitative: Semi-
structured and structured interviews, focus groups transcripts, field notes, observation
records and other personal, research-related documents. Secondary data is often readily
available. After the expense of electronic media and internet the availability of
secondary data has become much easier. Published Printed Sources: There are
varieties of published printed sources. Their credibility depends on many factors. For
example, on the writer, publishing company and time and date when published. New
sources are preferred and old sources should be avoided as new technology and
researches bring new facts into light. Books: Books are available today on any topic
that you want to research. The use of books start before even you have selected
the topic. After selection of topics books provide insight on how much work has
already been done on the same topic and you can prepare your literature review.
Books are secondary source but most authentic one in secondary sources.
Journals/periodicals: Journals and periodicals are becoming more important as far as data
collection is concerned. The reason is that journals provide up-to-date information
which at times books cannot and secondly, journals can give information on the
very specific topic on which you are researching rather talking about more general
topics. Magazines/Newspapers: Magazines are also effective but not very reliable.
Newspapers on the other hand are more reliable and in some cases the information can
only be obtained from newspapers as in the case of some political studies.
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HYPOTHESIS
• Meaning and definitions

• Characteristics
• Research Questions and Hypothesis
MEANING
Hypothesis’ is derived from two words: ‘hypo’ means ‘under’, and ‘thesis’ means
an ‘idea’ or ‘thought’. Hence, hypothesis means ‘idea’ underlying a statement or
proposition. In fact, the word ‘hypothesis’ is derived from the Greek, hypo (means
under) and tithenas (means to place). It suggests that a statement when it is placed
under evidence as a foundation becomes hypothesis.
When a researcher observes known facts and takes up a problem for analysis, he
first has to start somewhere and this point of starting is Hypothesis. In other
words, one has to proceed to formulate tentative solution. This purposed solutions
constitute the Hypothesis. The collection of facts (data) will be fruitful if they are
either for or against this proposed solution. The tentative explanation or solutions
are the very basis for research process.
It is a presumptive statement of a proposition or a reasonable guess, based upon the

available evidence, which the researcher seeks to prove through his study. A
hypothesis will give a plausible explanation that will be tested. A hypothesis may
seem contrary to the real situation. It may prove to be correct or incorrect.
Hypothesis need to be clear and precise and capable of being tested. It is to be
limited in scope and consistent with known or established facts and should be
amenable to testing within the stipulated time. It needs to explain what it claims to
explain and should have empirical reference.
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Hypothesis literally means an idea or theory that the researcher sets as the goal of
the study and examines it and is replaced as a theory when the hypothesis is true
in the study's conclusion.
DEFINITION
1. “A hypothesis can be defined as a tentative explanation of the research problem,

a possible outcome of the research, or an educated guess about the research
outcome”
2. In the words of George A. Lund Burg " a hypothesis is a tentative

generalization the validity of which remains to be tested………In its most
elementary stage the hypothesis may be very bunch, guess, imaginative data, which
becomes the basis for action or investigation".
3. Goode and Hatt defined it as "a proposition which can be put to test to
determined its validity".
4. Rummel " a hypothesis is a statement capable of being tested and there by

verified or rejected".
5. According to Lundberg, “A hypothesis is a tentative generalisation, the

validity of which remains to be tested. In its most elementary stage, the
hypothesismay be any hunch, guess, imaginative idea, which becomes the
basis for action orinvestigation”
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Importance of Hypothesis:
Hypothesis though an important part of research may not be required in all types
of research. The research which are based on fact finding (historical or descriptive
research) do not need hypothesis. Hillway also says that “When fact-finding alone
is the aim of the study, a hypothesis is not required”. Whenever possible, a
hypothesis is recommended for all major studies to explain observed facts,
conditions or behaviour and to serve as a guide in the research process.
✓ Hypothesis facilitates the extension of knowledge in an area. They provide

tentative explanations of facts and phenomena, and can be tested and validated. It
sensitizes the investigator to certain aspects of the situations which are relevant
from the standpoint of the problem in hand.
✓ Hypothesis provide the researcher with rational statements, consisting of

elements expressed in a logical order of relationships which seeks to describe or to
explain conditions or events, that have yet not been confirmed by facts. The
hypothesis enables the researcher to relate logically known facts to intelligent
guesses about unknown conditions. It is a guide to the thinking process and the
process of discovery.
✓ Hypothesis provides direction to the research. It defines what is relevant and

what is irrelevant. The hypothesis tells the researcher what he needs to do and find
out in his study. Thus it prevents the review of irrelevant literature and provides a
basis for selecting the sample and the research procedure to be used in the study.
✓ Hypothesis implies the statistical techniques needed in the analysis of data, and
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the relationship between the variables to be tested. It also helps to delimit his study
in scope so that it does not become broad or unwieldy.
✓ Hypothesis provides the basis for reporting the conclusion of the study. It serves
as a framework for drawing conclusions. In other word, we can say that it provides
the outline for setting conclusions in a meaningful way.
✓ So, Hypothesis has a very important place in research although it occupies a

very small place in the body of a thesis.
Characteristics of a Good hypothesis
What is a good hypothesis? What are the criteria of for judging it. An acceptable
should fulfill certain conditions.
1. Conceptual Clarity
A hypothesis should be conceptually clear. It should consist of clearly defined and
understandable concepts.
2. Specificity
A hypothesis should be specific and explain the expected relation b/w variables
and the conditions under which these relations will hold.
3. Testability
A hypothesis should be testable and should not be a moral judgement. It should be
possible to collect empirical evidences to test techniques.
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4. Availability of techniques
Hypothesis should be related to available techniques. Otherwise they will not be
researchable therefore the research must make sure that methods are available for
testing his proposed hypothesis.
5. Consistency
Hypothesis should be logically consistent. The propositions derived should not be
contradictory.
6. Objectivity
Scientific hypothesis should be free from value judgment. The researcher system
of values has no placing Research.
7. Simplicity
A hypothesis should be as simple as possible. Simplicity demands insight. The
more in insight the researcher has into a problem, the simpler will be his
hypothesis.
Research Questions and Hypothesis

Research questions and hypothesis are fundamental components of research design. They
help define the scope of a study, guide data collection and analysis, and set the direction
for your research. Research questions are typically used in qualitative research, while
hypothesis are common in quantitative research. Here's an explanation of both:
Research Questions: Research questions are open-ended inquiries that aim to explore a
topic, phenomenon, or issue. They are often used in qualitative research to gain a deep
understanding of a subject. Research questions do not make specific predictions, but
rather seek to uncover patterns, relationships, and meanings. They can start with phrases
like "What is the relationship between..." or "How does X impact Y?"
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Examples of research questions:

What is the impact of social media on adolescent self-esteem?
How do employees perceive the effectiveness of remote work in the context of work-life
balance?
What are the factors influencing consumer choices in the organic food market?
Hypothesis: Hypothesis are specific, testable statements or predictions that researchers

make based on existing knowledge or theories. Hypothesis are often used in quantitative
research to determine whether there is a statistically significant relationship or difference
between variables. They take the form of declarative statements and are tested using
statistical methods.
RESEARCH DESIGN
- Meaning and essentials of Research Design

- Forms of Research Design
- Features of research design
- Types of research design
MEANING OF RESEARCH DESIGN
Once a research problem is formulated clearly enough, the researcher has to think
of pursuing it. He has to think about the information that is needed, the way to
gather it, and the manner in which it is analyzed and interpreted. In other words, he
has to work out the ‘plan’ and ‘design’ of his research.
"A Research Design is the logical and systematic planning in directing the
research. The design research from translating a general scientific model into
varied research problem. But in practices in most of the basis it is just a plan of
study. The research design can either be formal or informal.
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Broadly speaking, research design refers to the visualization of the entire processof
conducting research before its commencement. It is a planned sequence of the entire
process involved in conducting a research study. It is a conceptual structurewithin which
the research is to be conducted.
Research design is the plan, structure and strategy of investigation conceived so as to
obtain answers to research questions. The ‘plan’ includes everything the
investigator will do from formulating the research problem or the hypothesis to the
final analysis of the data and presenting his inferences. The ‘structure’ is the outline,
the scheme, or the paradigm of the operation of the variables. While, the ‘strategy’
includes the methods to be used to collect and analyze the data.
DEFINITION
1. "It constitutes the blue print for the collection, measurement and analysis of
data" –Philips Bernard S
2. It "provides a systematic plan of procedure for the researcher to follow" -Best
John N
3. "The design research from controlling general scientific model into varied
research procedure"- P.V. Young
4. "A research design is "the programme that guides the investigator in the process
of collecting, analysis and interpreting observations". - David and Shava
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Features of Research Design
a) It is a plan that specifies the objectives of study and the hypothesis to

be tested.
b) It is an outline that specifies the sources and types of information

relevent to the research question.
c) It is a blueprint specifying the methods to be adopted for gathering

and analysis of data.
d) It is a scheme defining the procedure involved in a research process.
Types/Forms of Research Design
1. Exploratory Research Design (Formulative Research)
Exploratory Research studies are also termed as formulative research studies.

Exploratory
Research is preliminary study of an in familiar problem about which the researcher

has little or no knowledge. It is similar to a doctor initial investigation of patient
suffering from an in familiar malady for getting some clues for identifying.
2. Descriptive Research Design
Descriptive study is fact finding investigation with adequate interpretation. It is the

sample type of research. It is more specific than the exploratory study. As it has
focus on particular aspects or dimensions of the problem studied. It is design to
gather descriptive informations and provides information for formulating more
sophisticated studies. Data are collected by using of appropriate methods.
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3. Action Research
Action Research is a type of evaluation study. It is a concurrent evaluation study of an
action programme launched for solving a problem. Action research is otherwise called
Apply Research.
Testing of Hypothesis
Hypothesis testing is a crucial aspect of research methodology, particularly in quantitative

research. It allows researchers to draw conclusions based on sample data and determine
whether there is enough statistical evidence to support or reject a specific hypothesis.
Here's a step-by-step guide to hypothesis testing in research:
Formulate the Hypotheses:
Start by defining your null hypothesis (H0) and alternative hypothesis (Ha). The null
hypothesis represents the default or no-effect scenario, while the alternative hypothesis
represents what you want to test or prove.
H0 (Null Hypothesis): There is no significant difference, effect, or relationship.
Ha (Alternative Hypothesis): There is a significant difference, effect, or relationship.
Select the Significance Level (Alpha, α):
Choose the significance level, often denoted as α, which represents the probability of
making a Type I error (i.e., rejecting the null hypothesis when it's true). Common values
for α are 0.05 (5%) or 0.01 (1%), but it can be adjusted based on the research context and
the desired level of confidence.
Collect Data:
Gather data through experiments, surveys, observations, or other data collection methods.
Ensure that your data collection is conducted according to your research design.
Choose a Statistical Test:

Select the appropriate statistical test based on your research design, data type, and
hypotheses. Common tests include t-tests, chi-squared tests, ANOVA, regression
analysis, and others.
Calculate the Test Statistic:

Use the chosen statistical test to compute a test statistic from your sample data. The test
statistic quantifies the observed difference or relationship between variables.
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Determine the Critical Region:
Define the critical region or critical values based on your chosen significance level (α)
and the statistical distribution associated with your test. This critical region represents the
values of the test statistic that, if observed, would lead to the rejection of the null
hypothesis.
Compare the Test Statistic with Critical Values:

Compare the calculated test statistic with the critical values from the distribution. If the
test statistic falls in the critical region (i.e., it is more extreme than the critical values),
you reject the null hypothesis. If it falls outside the critical region, you fail to reject the
null hypothesis.
Calculate the P-Value:

Alternatively, you can calculate the p-value, which represents the probability of obtaining
a test statistic as extreme or more extreme than the one observed, assuming the null
hypothesis is true. If the p-value is less than or equal to α, you reject the null hypothesis.
Draw a Conclusion:
If you reject the null hypothesis, you accept the alternative hypothesis, indicating that
there is a significant difference, effect, or relationship in the population. If you fail to
reject the null hypothesis, you conclude that there is no significant evidence for the effect
or relationship you were testing.
Report Results:
In your research report or paper, clearly state whether you accepted or rejected the null
hypothesis. Include the test statistic, critical values, or p-value, along with relevant
statistical information to support your conclusion.
Interpretation and Implications:

Interpret the results in the context of your research question, and discuss the practical
implications of your findings.
Hypothesis testing is a rigorous process that ensures that the conclusions drawn from a
study are based on statistical evidence rather than random chance. It is widely used in
scientific research to make informed decisions and draw meaningful inference.
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SAMPLING
- Meaning of sampling
- Definition
- Basic assumptions
- Classifications
MEANING
A sample is defined as a smaller set of data that a researcher chooses or selects

from a larger population by using a pre-defined selection method. These elements
are known as sample points, sampling units, or observations. Creating a sample is
an efficient method of conducting research. In most cases, it is impossible or costly
and time-consuming to research the whole population. Hence, examining the
sample provides insights that the researcher can apply to the entire population.
In order to answer the research questions, it is doubtful that researcher should be

able to collect data from all cases. Thus, there is a need to select a sample. The
entire set of cases from which researcher sample is drawn in called the population.
Since, researchers neither have time nor the resources to analysis the entire
population so they apply sampling technique to reduce the number of cases.
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SAMPLE PROCESS STEPS
1). Clearly Define Target

Population
2). Select Sampling Frame
3). Choose Sampling Technique
4). Determine Sample Size
5). Collect Data
6). Assess Response Rate
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Types of samples: Sample selection methodologies with examples The

process of deriving a sample is called a sampling method. Sampling forms an
integral part of the research design as this method derives the quantitative data and
the qualitative data that can be collected as part of a research study. Sampling
methods are characterized into two distinct approaches: probability sampling and
non-probability sampling.
Probability sampling methodologies with examples

Probability sampling is a method of deriving a sample where the objects are
selected from a population-based on the theory of probability. This method
includes everyone in the population, and everyone has an equal chance of being
selected. Hence, there is no bias whatsoever in this type of sample. Each person in
the population can subsequently be a part of the research. The selection criteria are
decided at the outset of the market research study and form an important
component of research.
Probability sampling can be further classified into four distinct types of samples.
They are:
• Simple random sampling: The most straightforward way of selecting a sample

is simple random sampling. In this method, each member has an equal chance of
being a part of the study. The objects in this sample population are chosen purely
on a random basis, and each member has the same probability of being selected.
For example, if a university dean would like to collect feedback from students
about their perception of the teachers and level of education, all 1000 students in
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the University could be a part of this sample. Any 100 students can be selected at
random to be a part of this sample.
• Cluster sampling: It is a type of sampling method where the respondent
population is divided into equal clusters. Clusters are identified and included in a
sample based on defining demographic parameters such as age, location, sex,
etc. This makes it extremely easy for a survey creator to derive practical
inferences from the feedback. For example, if the FDA wants to collect data
about adverse side effects from drugs, they can divide the mainland US into
distinctive clusters, like states. Research studies are then administered to
respondents in these clusters. This type of generating a sample makes the data
collection in-depth and provides easy to consume and act upon, insights.
• Systematic sampling: It is a sampling method where the researcher chooses
respondents at equal intervals from a population. The approach to select the
sample is to pick a starting point and then pick respondents at a pre-defined
sample interval. For example, while selecting 1,000 volunteers for the Olympics
from an application list of 10,000 people, each applicant is given a count of 1 to
10,000. Then starting from 1 and selecting each respondent with an interval of
10, a sample of 1,000 volunteers can be obtained.
• Stratified random sampling: It is a method of dividing the respondent
population into distinctive but pre-defined parameters in the research design
phase. In this method, the respondents don’t overlap but collectively represent
the whole population. For example, a researcher looking to analyze people from
different socioeconomic backgrounds can distinguish respondents into their
annual salaries. This forms smaller groups of people or samples, and then some
objects from these samples can be used for the research study.
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Non-probability sampling methodologies with examples

The non-probability sampling method uses the researcher’s discretion to select a
sample. This type of sample is derived mostly from the researcher’s or
statistician’s ability to get to this sample. This type of sampling is used for
preliminary research where the primary objective is to derive a hypothesis about
the topic in research. Here each member does not have an equal chance of being a
part of the sample population, and those parameters are known only post-selection
to the sample.
We can classify non-probability sampling into four distinct types of samples. They
are:
• Convenience sampling: Convenience sampling, in easy terms, stands for the

convenience of a researcher accessing a respondent. There is no scientific
method of deriving this sample. Researchers have nearly no authority over
selecting the sample elements, and it’s purely done on the basis of proximity and
not representativeness. This non-probability sampling method is used when there
are time and cost limitations in collecting feedback. For example, researchers
that are conducting a mall-intercept survey to understand the probability of using
a fragrance from a perfume manufacturer. In this sampling method, the sample
respondents are chosen purely on their proximity to the survey desk and their
willingness to participate in the research.
• Judgemental/purposive sampling: The judgemental or purposive
sampling method is a method of developing a sample purely on the basis and
discretion of the researcher purely on the basis of the nature of study along with
his/her understanding of the target audience. In this sampling method, people
who only fit the research criteria and end objectives are selected, and the
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remaining are kept out. For example, if the research topic is understanding what
University a student prefers for Masters, if the question asked is “Would you like
to do your Masters?” anything other than a response, “Yes” to this question,
everyone else is excluded from this study.
• Snowball sampling: Snowball sampling or chain-referral sampling is defined as
a non-probability sampling technique in which the samples have traits that are
rare to find. This is a sampling technique, in which existing subjects provide
referrals to recruit samples required for a research study. For example, while
collecting feedback about a sensitive topic like AIDS, respondents aren’t
forthcoming with information. In this case, the researcher can recruit people with
an understanding or knowledge of such people and collect information from
them or ask them to collect information.
• Quota sampling: Quota sampling is a method of collecting a sample where the
researcher has the liberty to select a sample based on their strata. The primary
characteristic of this method is that two people cannot exist under two different
conditions. For example, when a shoe manufacturer would like to understand
from millenials their perception of the brand with other parameters like comfort,
pricing, etc. It selects only females who are millennials for this study as the
research objective is to collect feedback about women’s shoes.
BASIC ASSUMPTIONS
1) The units or samples selected must have likeness or similarity with other units to
make the sampling more scientific.
(2) The sample should be such that it can represent adequately the whole data.
(3) Each unit should be free to be included in the sample.
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(4) Absolute accuracy is not essential in the sample method. The results of the
sampling method should be such that valid generalizations can be drawn.
(5) The maximum amount of information must be gathered as accurately as

possible.
CHECK YOUR PROGRESS
Ques 1. What do you mean by research problem explain

its characterstics & purpose?
Ques 2. What do you mean by hypothesis?Explain its

importance & characteristics?
Ques 3. Defines various kinds of Sources ofdata?
Ques 4. What do you mean by sampling? Itsassumptions

& kinds of sampling?
Ques 5. Explain research design & its kinds?
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UNIT-III
RESEARCH METHODS AND TOOLS
• Social and legal survey
• Case method
• Jurimetrics
• Questionnaire Schedule
• Observation and interview
SOCIAL AND LEGAL SURVEY
1. INTRODUCTION TO SOCIO-LEGAL RESEARCH
Socio-legal research has its theoretical and methodological base in the social sciences.
It seeks to understand law as a social phenomenon. It can be clearly
distinguished from other traditions of legal research, such as the "black letter" tradition.
Its methodology is predominantly empirical and social-theoretical rather than doctrinal.
Law is not merely a black letter. Rather, it is an instrument of social control. It
originates and functions in a society and for society. The need for a new law, a change
in existing law and the difficulties that surround its implementation cannot be studied in
a better manner without the sociological enquiry.
Law is an important variable in any social investigation. Researchers cannot do
anything in sociological research if they do not know at least the basics of law, legal
system and law institutions. Similarly, a legal researcher cannot do justice to the legal
inquiry if he does not know about the mechanics of social research methods. In a
planned development of the society, law is playing the role of a catalyst to help in the
process of social change. In a dynamic society, a legal research must switch over to
multi or inter-disciplinary approach as the legal problems are connected with social,
political, economic, psychological issues.
2. WHAT IS SOCIO-LEGAL RESEARCH IS COMPRISED OF?
To undertake theoretical and empirical analyses of the nature of law and its
relationship to society and the State in the context of a rapidly changing world;
1. Analyse, both historical and contemporary, of the social, economic and political
factors leading to the development of the law and legal process;

2. An examination of the operation of the law in formal contexts; for example, the
courts, or in informal contexts, for example, the law office;

3. Analyse of the process of decision-taking by those responsible for the
administration of the law; and

4. An analysis of the experience of those affected by the process of law.
3. AREAS OF SOCIO LEGAL RESEARCH

Law and society are not divisible as water-tight compartments. They are interlinked.
Co-operative inter disciplinary research is required to deal with the social-legal
problems as socio-legal research is all interdisciplinary approach which extends into the
fields of an social sciences. Upendra Baxi says that the lawyer must know much of
sociology and the sociologists
must know much of law. Prof. Baxi proposed the socio-legal research in the following
vital areas:
1. Mapping of Indian legal system and formal and informal legal systems;
2. Studies on the beneficiaries and victims of administration of justice;
3. Law and poverty;
4. Compensatory, discrimination of a second of people such as Scheduled
Castes and Schedule Tribes;
5. Study of legal system in connection with cultural, social and national
legal systems.
We can add some more specific areas of socio-legal research, such as, Directive
principles of Constitution of India and effect of their implementation; Criminal
tendency in some tribes and sections in India; Tax imposition and social change;
International Economic Law and the increase of international trade; White-collar
crimes and their impact on society; Labour laws and the welfare of the working
classes; Land Reform Acts and the social and economic change; Provision of
contributions to political parties in Company Law and its implications; Sex offences
and their effect on social life; Alcoholism and crime rate; Urbanisation and increase
of crime rate; Contribution of motion pictures and T.V. programmes to delinquency
and crime.
4.DIFFERENT APPROACHES TO SOCIO-LEGAL RESEARCH
The socio-legal approach may be seen to occupy space between two extremes of a
methodological spectrum. At one end, a strict doctrinal approach relies predominantly
on self informed analysis of legislation and judicial decisions from the superior
courts. Approaches at the other end, such as critical legal studies and economic
analysis of law, are tuned to the concerns, theory and informants of external
perspectives. While contextual analysis is increasingly the norm in legal scholarship,
external informants are essential to a socio-legal approach. The socio-legal lens
widens to observe operational and everyday legal situations, and diverse textual
sources, disciplinary and cultural perspectives are considered.
4.1 Introduction to the Socio-Legal Field
H. L. A. Hart’s Concept of Law, offers an accessible analysis of a mature legal order

which is attuned to law’s social character and its role in ordering a society. The key
concepts in Hart’s account of law are social rules, of which legal rules are one kind,
and the acceptance of law by officials. It examines the notion of a social rule, what it
means to accept a rule, and the rule of recognition as the master rule of a legal order,
the role of officials in a legal order, and Hart’s contrast between officials and citizens.
At this point the question arises as to whether there are other systems of law besides
state law, and, if so, why prominence is given to state law. This leads to questions
about legal pluralism, by which is meant different legal orders existing side-by-side,
or overlapping, or one dominating another.
Understanding law and legal system as a social formation is the first part of a law
and- society approach; the second is the inter-relationship between law and other
aspects of society. One issue is how law as a system of social rules interacts with
other systems of social rules, such as those of civil associations, religious bodies,
private institutions, family networks, and so on. What happens when legal rules
conflict with or try to change other networks of rules? Here the notion of social
spheres is developed and put to use in explaining the inter-relationship. Another issue
is why we need law at all. If society is constituted by sets of social rules, all of which
help to maintain social order, achieve social goods, and advance social values, what
extra value does law add? One answer is that law has distinct social functions which
cannot be carried out effectively by other rule-based systems.
Another answer, which is sceptical of functional approaches, claims that law, in the
sense of state law, being backed by the institutions and organizations of the state, can
contribute to the achievement of social goods. In developing this analysis, law needs
to be broken down into different kinds of laws, such as criminal, civil, constitutional,
and regulation. The last issue is about the effectiveness of law. If state law is
explained (and justified) on the basis that it has certain social advantages over systems
of social rules, then the assumption is that law is effective in influencing behaviour.
Here notions of implementation, compliance, and enforcement come into picture.
4.2 Political Science Approaches to Socio-Legal Research:

4.2. 1 Legal Mobilization
There exists a complex relationship between law and social movements. Social
movement actors use a wide range of legal tactics – including lobbying, litigation and
administrative advocacy – in their campaigns for social, political and economic change.
On one hand, movements rely on rights to frame their grievances, to define and
reinforce collective identity and to mobilize activists. The realm of the law can provide
social reform campaigns with opportunities to influence policy, regulation and
enforcement practices. On the other hand, the use of legal strategies and reliance on
lawyers can exert a conservative pressure on social movements channelling protest and
other forms of radical action into conventional political and legal institutions. These
tensions inherent in legal mobilization activity have raised a number of theoretical and
empirical questions: What are the conditions under which individual and collective
actors will turn to the courts to pursue political or social goals? What is the best way for
researchers interested in social movements to determine social movement success
within the courts, within the policy realm and beyond? What is the impact of legal
mobilization on a social movement’s collective identity? The literature on the
mobilization of law by social movements – by providing a “bottom-up” perspective –
draws on, complements and provides alternatives to court-centric studies of social
reform.
4.2.2 Judicial Review and Human Rights
Political science approaches to the study of the law particularly explores how
political science can be applied to study of the role in the courts in protecting
human rights.
4.2.3 The Role of Courts in a Democracy
The Judiciary is a high-impact institution. When functioning properly it

profoundly affects social well-being, facilitating economic development and
shielding the individual from arbitrary State power. In countries transitioning
from authoritarian rule to democracy, a judiciary empowered to vindicate the
constitution is by consensus regarded as essential to democratic consolidation.
Given the important role courts are believed to play, it is not surprising that
sociologists and political scientists have in recent decades paid ever more
attention to judicial affairs. One post World War II trend, identified,
documented and analysed by a diverse sub-group of these investigators, stands
out for its ubiquity – the worldwide expansion of both domestic and
supranational judicial power. Informed by a paradigm that blames the
vulnerabilities of parliamentary democracy for World War II and its horrors,
many have come to see the judiciary as a check on the alleged evils of
untrammelled democracy. In one jurisdiction after another, even in the most
conservative and authoritarian civil law traditions courts have been empowered,
or have empowered themselves to ‘strike down’ with finality statutes of
Parliament and even plebiscites which they interpret to be
unconstitutional. The judicial assumption of power not merely to nullify
democratically enacted legislation but also to legislate new general norms in all
areas of life has taken judges far beyond their classical function of reviewing
cases where the rights of persons are in jeopardy. A range of theoretical
questions and long-standing controversies can be seen in this, like:
• What ought to be the role of courts in a democratic society?
• Ought judges to intervene in policy processes or should they confine
themselves to deciding the guilt or innocence of individual persons?

• Is judicial supremacy incompatible with the democratic ideal of popular
sovereignty?
CASE METHOD
1. INTRODUCTION
Among the various methods of data collection, case study is certainly one
popular form of qualitative analysis involving careful and complete
observation of a case. A case is a social unit with a deviant behavior, and may
be an event, problem, process, activity, programme, of a social unit. The unit
may be a person, a family, an institution, a cultural group, a community or
even an entire society (Kothari, 2014). But it is a bounded system that has the
boundaries of the case. Case Study therefore is an intensive investigation of
the particular unit under consideration. It aims at obtaining a complete and
detailed account of a social phenomenon or a social event of a social unit. In
case study, data can be collected from multiple sources by using any
qualitative method of data collection like interviews, observation and it may
also include documents, artifacts etc.
Case study method is a type of data collection that goes in depth

understanding rather than breadth. Case study can be descriptive as we
observe and write in description as well as it can also be an exploratory that is
we wrote what was said.
Pierre Guillaume Frederic Le Play (1855), a mathematician and natural

scientist, is considered as the founder of case study method as he used it for
the first time in his publication Les Ouvriers Europeens.
2. DEFINITIONS OF CASE STUDY METHODS

Case study has been defined differently by different scholars from time to
time. Some of them are presented below.
1. Young, P.V. (1984): Case study is a comprehensive study of a social
unit, be it a person, a group of persons, an institute, a community or a

family.
2. Groode and Hatt (1953): It is a method of exploring and analyzing the life
of a social unit
3. Cooley, C.H. (2007): Case study depends our perception and gives
clear insight into life directory.

4. Bogardus, E. S. (1925): The method of examining specially and in detail a
given situation.
3. CHARACTERISTICS OF CASE STUDY

The main characteristics of the case study are:
A descriptive study:
The data collected constitute descriptions of psychological processes
and events, and of the contexts in which they occurred.
The main emphasis is always on the construction of verbal descriptions
of behavior or experience but rarely quantitative data may be collected.
In short case study is more of a qualitative method rather than
quantitative method.
High levels of detail are provided.
The behavior pattern of the concerned unit is studied directly wherein
efforts are made to know the mutual inter-relationship of causal
factors.
Narrowly focused:
a. Typically a case study offers a complete and comprehensive
description of all facets of a social unit, be it a single individual or

may be a social group.
b. Often the case study focuses on a limited aspect of a person, such as
their psychopathological symptoms.
Combines objective and subjective data:
Researchers may combine objective and subjective data. Both the
data are regarded as valid data for analysis. It enables case study to
achieved in-depth understanding of the behavior and experience of
a single individual.
Process-oriented:
The case study method enables the researcher to explore and
describe the nature of processes, which occur over time.
In contrast to the experimental method, which basically provides a

stilled ‘snapshot’ of processes, case study continued over time like for
example the development of language in children over time.
4. TECHNIQUES USED FOR CASE STUDIES
The techniques of case studies includes –

It is a systematic data collection approach. Researchers use all of their senses
to examine people in natural settings or naturally occurring situations.
Observation of a field setting involves: prolonged engagement in a setting or
social situation.
(i) Interview
It is questioning and discussing to a person for the purpose of an evaluation or to
generate information.
(ii) Secondary Data
Secondary data refers to data that was collected by someone through secondary
sources.
(iii) Documents
Any writing that provides information, especially information which is of official
in nature.
(iv) Records
Anything that provides permanent information which can rely on or providing an
evident officially.
5. Types of Case Study

The following are the types of case study according to the Graham R Gibbs
(2012) -
1. Individual case study: This study was first done by Shaw, Clifford R.
(1930). In individual case study, life of a particular person, his activities

and his totalities were accompanied.
2. Set of individual case study: Group of person that practice different
culture was studies. As for instance those lives in rural area and those
living in urban area there will different cases between them.
3. Community studies: In community studies, it may include hundreds of
people from a community that picked upon for some reason.

4. Social Group Studies: Group of people that defined their social
position, for example a group of musician or a group of drugs taker

5. Studies of organizations and institutions: Study for a particular
organizations or an institutions
6. Studies of events, roles and relationships: Similar to individual case
study but more focus on events, roles and relationships that involved. For
example we can take the role of a housewife.
7. ADVANTAGES OF CASE STUDY
The following are some of the advantages of case study -

a) It facilitates intensive study and in-depth analysis of a social unit
which help in contradicting established theory.

b) In-depth and comprehensive information are collected through this
method
which helps in stimulating new research.
c) It is suitable for collecting data pertaining to sensitive areas of a social
phenomenon.
d) It helps to collect details regarding the diverse habits, traits and
qualities of the unit under investigation (Kothari, 2014).

e) The researcher can understand better the social change of different
facets of a social unit every now and then.

f) This study can be a means to understand the past of a social unit
because of its emphasis of historical analysis.

g) The researcher can used any type of methods like interview,
questionnaire, documents, self- reports etc.

h) Case study enables to generalize the knowledge amusing from the
information collected.
i) A real personal experience can be recorded which enlighten and
reveal the real man’s inner determined.

j) The data obtained through case study is useful for formulation of
hypothesis and preparation of schedule and questionnaire for such types

of study and for further research (Kothari, 2014).
k) It helps in enhancing his/her experience, ability and skill in content
analysis of the data.
Summary
Case study is an important method employed for collection of qualitative data
for an in depth, intensive and comprehensive scientific study of a social unit.
This social unit can be an individual, a family, a community, a group or even
an entire society. Case study is quite different from the case history which
focuses on the recording of personal information. Different methods of case
study such as individual, community, social group, organization and
events using appropriate techniques (observation, interview, secondary
data like documents and records) are used based on the objectives of the
research problem. The main sources of data in case studies includes life
histories, personal documents, letters and records, biographies, information
obtained through interviews and observation. Case studies facilitate intensive
study and in-depth analysis of a social unit contradicting established theory. It
helps in contradicting established theory and stimulating new research.
However, difficulties arises in case studies due to a number of reasons which
includes inconsistency in data, not possible to replicate the findings,
interviewing key and right informants, expertise of the investigator, constant
monitoring of interaction between the theoretical issues being studied and
collected data, and interpretation of the data needs to be carefully considered.
JURIMETRICS : THE SCIENCE OF LAW
1. INTRODUCTION
Jurimetrics is the science of law .Although it is the legislature which is entrusted with the
work of making the law, it is the lawyers and the judges who are intrinsically involved in
the study of law scientifically. How far can the task of a judge in developing the law be
described as scientific? It can be assessed by a consideration of the theory of the logical
plenitude of law. In a broad sense, this theory means that a judge cannot refuse to decide a
case on the ground that there is no precise authority in point. The theory of the logical
plenitude of law states the irrefutable truth that law is not a mere collection of detailed
rules, but an organic body of principles with an inherent scope of growth and flexibility to
adapt to new circumstances. Unassumingly, law is not only an organic body of principles
but is a rational system for the exercise of authority of human beings. We need to use the
Doctrine Logical Plenitude in a way to make it a narrowing force because if a case can be
decided purely by logical deductions from the actual rules in force than we are depriving
the law of all power to develop and will crush its growth.
Law can develop only by continuously drawing new values and solutions from the life of
the community which is achieved partly via the development of new law and partly via
standards and principles which are implied in particular branches of law. It is incumbent
on the State to provide justice as it is being entrusted with the task of being the protector
of the public within its territory. A judge’s philosophy is reflected in the judicial
pronouncements. Benjamin N. Cardozo in his classic work, the Nature of the Judicial
Process, mentions several factors which influence judicial functions. The origin of
judicial law making process as normative principle of justice is in England. Modern Legal
theory of judicial process is of much concern especially in American System. Justice is
given by the judicial bodies on the set principles and settled laws of the land still some
extraneous factors come in between to give different colour of interpretation to the law.
In recent years, attempts to predict judicial behaviour have taken a mechanical turn for
which the term ‘jurimetrics’ has been invented. It takes the form of different kinds of
investigations into legal phenomena by using symbolic logic, behavioural models and
mechanical aids. Earlier, Boolean algebra was used to analyse complex sets of facts,
prediction of behaviour has now moved away from that of the individual to that of groups
and the use of computers is being explored.
Loevinger employs the term ‘jurimetrics’ to denote a different set of activities from those
that are normally performed under the umbrella of ‘jurisprudence’. There are some basic
differences between jurisprudence and jurimetrics. For example, jurisprudence is
concerned with such matters as the nature and sources of the law, the formal bases of law,
the province and function of law, the ends of law and the analysis of general juristic
concepts. Jurimetrics is concerned with such matters as the quantitative analysis of
judicial behaviour, the application of communication and information theory to legal
expression, the use of mathematical logic in law, the retrieval of legal data by electronic
and mechanical means, and the formulation of a calculus of legal predictability.
Jurisprudence is primarily an undertaking of rationalism; jurimetrics is an effort to utilize
the methods of science in the field of law. The conclusions of jurisprudence are merely
debatable; the conclusions of jurimetrics are testable. Jurisprudence cogitates essence of
law, ends and values. Jurimetrics investigates the methods of inquiry.
2. MEANING AND ORIGIN OF JURIMETRICS
Jurimetrics is the study of law and science. It involves a strictly empirical approach to the
law and examines a wide range of scientific and legal topics that are interrelated.
Origin of the term JURIMETRICS, juri-, juslaw + E-metrics(as in econometrics).
Jurimetrics is a step towards seeking new alternatives in the field of legal inquiry and may
not be treated as a ‘new science.’ The term jurimetrics originated in the 1960s as the use
of computers in law practice began to revolutionize the areas of legal research, evidence
analysis, and data management.
The term ‘Jurimetrics’ was coined by Lee Loevinger in 1949 and introduced into the legal
vocabulary in the late forties and signifies the scientific investigation of legal problems.
It has been defined as ‘the empirical study of legal phenomena with the aid of
mathematical models on the basis of rationalism.’ This is given strong support by the
American Bar Association’s(ABA’s) Section on Law and Technology, which publishes
the journal Jurimetrics. This has focused especially on legal informatics, symbolic logic,
but has sometimes ranged much wider. Like the Gruter Institute for Law and Behavioural
Research (which emphasis biology), ‘Jurimetrics’ has tended to be somewhat isolated
towards the ‘scientistic’ end of socio-legal studies may be changing.
3. SCOPE OF JURIMETRICS IN JUDICIAL RESEARCH
Jurimetrics substantially involves the use of quantitative methods in judicial research.

Quantitative methods are essentially aids to description. They help to bring out in detail
the regularities in the data researcher has collected. Means, ratios and percentages are
ways of summarizing the features and relationships in data. Statistical measures based on
the theory of probability go beyond the mere quantitative data and use devices to bring
out the association between variables emerging out of data. Such associations at times can
be used to test the existing hypotheses or else they may suggest modifications,
refinements or reformulation of the old one. Quantitative methods are generally suited to
the handling of large quantities of data and wide range of variables. The bulk of the data
and the complexity of the variables involved may make it extremely difficult to handle
the data manually. For this reason, it is desirable to make use of computer which has
opened up, unprecedented opportunities to look beyond our fragmentary items of
unconnected knowledge. Any social scientist involved in a study of judicial process
would, no doubt, be struck by the great quantity of relevant data systematically recorded
and accessible to one who wishes to use it. This is not always in social sciences research.
In common law countries, particularly, because of the binding nature of precedents, the
decisions of the higher appellate courts assume special significance for the subordinate
courts. For this reason, at least, it becomes almost inevitable that such decisions are
systematically recorded and published as far as possible. Variety of information can be
extracted from these reports, information which is otherwise considered to be as of no
consequence under the traditional approaches to the study of judicial process.
Information such as the parties to the litigation before the court the kind of subject matter
litigated, the nature of the court’s response, the voting response of the individual judges
and so forth. This information when classified and presented in tabular form is likely to
reveal certain patterns and regularities. A simple exercise like this itself can reveal much
that ordinarily remain embedded under the plethora of reports and can be utilized in
testing several propositions which are often made but never really tested. The associations
between these regularities can then be projected into a predictive fashion. Moreover,
when observed consistently over a period of time in a category of cases, these regularities
are likely to bring to the surface those elements in judicial decision-making which are
highly subjective, non-rational and stubbornly value charged. Thus, if jurimetrics reduces
our judge’s to ciphers, it does not so far a paradoxical reason:’ to reduce them to ciphers
may be the best way to discover and explore their humanity’. Jurimetrics is not a
substitute for the basic elements of judicial reasoning. Essentially, it involves putting a
series of questions that are capable of investigation. It seeks not sudden revelations or
universal laws but the slow accretion of tested information. Perhaps the greatest and most
obvious advantage of jurimetrics lies in that it helps us determine how fully they rest on
historical accident or on practical limitations inherent in the traditional approaches to the
law. Certainly, jurimetrics does not offer any social cure. Since it seeks primarily to
understand judicial behavior through mathematical analysis of judges’ voting records
often regardless of judicial talk suffers from certain obvious limitations. One such
limitation flows from its inability to discriminate between decisions according to their
meritorious worth. It assumes that all cases are of equal worth in determining a judge’s
attitudes. While, this may appear absurd to many, yet differential treatment of cases is not
possible within the ambit of mathematical analysis. Likewise, vote base response often
ignores multiple issues that are raised and answered in several decisions. Jurimetrics has
also been criticized for completely disregarding motives as it is argued that in discounting
motives it discounts a crucial perhaps, the most crucial element in human conduct. The
limitations are as integral to jurimetrics as to any other approach, method or thought
process seeking to unravel the mystery of human nature. This is what seems to have
prompted Francis Bacon to remark, ‘it cannot be that axioms established buy
argumentation alone can suffice for the discovery of new works, since the subtlety of
nature is greater many a times over than the subtlety of argumentation.
4. JURIMETRICS WITHIN THE INDIAN JUDICIAL SYSTEM
Judiciary is one of the three wings of the State. Though under the Constitution the polity
is dual the judiciary is integrated which can interpret and adjudicate upon both the Central
and State laws. The structure of the judiciary in the country is pyramidical in nature.
Indian judicial process is based on different altitude. Here law itself is a means to an end,
justice being a goal. In a democratic system with high socialist inclination, afflicted by
persuasive, distressing poverty and intent on planned development, social justice has a
distinctive colour, an ‘egalite’ or a militant quality of human rights with a radical thrust.
Social justice is the balancing wheel between freedom, political and economic and
indeed, makes for the survival of democracy. Mr. Justice Krishna Iyer had passionate
attachment towards the concept of social justice.
From the words of the Preamble ‘we the people of India…’ to ‘justice – social, economic
and political’ embedded in Article 38 of the Directive Principles of State Policy all are
related to justice. The access to justice is a foremost human right, which the court serves
the people best which has the imaginative realism to appreciate the hungers, handicaps
and hurdles of the common people and the judicial activism to innovate remedial
strategies to reach and remove injustice wherever it is practised. The genus of the judicial
process, to put in Justice KrishnaIyers words, “ is not to overstep, ever ready to ‘writ’ its
way to effective relief to the humblest, finds its finest hour when it challenges power,
public or private, to order and obedience so that human rights are within human reach.”
The Supreme Court of Indiais the highest judicial forum and final court of appeal of India
as established by Part V, Chapter IV of the Constitution of India. According to the
Constitution, the role of the Supreme Court is guardian of Constitution & that of a federal
court. The Supreme Court has the power of constitutional review. The Constitution seeks
to ensure the independence of Supreme Court Judges in various ways. A Judge of the
Supreme Court cannot be removed from office except by an order of the President passed
after an address in each House of Parliament supported by a majority of the total
membership of that House and by a majority of not less than two-thirds of members
present and voting, and presented to the President in the same Session for such removal
on the ground of proved misbehaviour or incapacity. The salary and allowances of a judge
of the Supreme Court cannot be reduced after appointment.A person who has been a
Judge of the Supreme Court is debarred from practicing in any court of law or before any
other authority in India.
4.1 Power of the Supreme Court to review its own judgments
Article 137 of the Constitution of India lays down provision for power of the Supreme
Court to review its own judgments. As per this Article, subject to the provisions of any
law made by Parliament or any rules made under Article 145, the Supreme Court shall
have power to review any judgment pronounced or order made by it. Under Order XL of
the Supreme Court Rules, that have been framed under its powers under Article 145 of
the Constitution, the Supreme Court may review its judgment or order but no application
for review is to be entertained in a civil proceeding except on the grounds mentioned in
Order XLVII, Rule 1 of the Code of Civil Procedure.
4.2Powers of the Supreme Court to punish for contempt
The Supreme Court has been vested with power to punish anyone for contempt of any
court in India including itself.15 The Supreme Court performed an unprecedented
action when it directed a sitting Minister of the State of Maharashtra, Swaroop Singh
Naik, to be jailed for 1-month on a charge of contempt of court on May 12, 2006. This
was the first time that a serving Minister was ever jailed. So far as the transfer or
disciplinary aspect is concerned there is unanimity of opinion among the jurists that
the executive should have no say in the matter; may be Parliament, but certainly not
the executive. Once a person is appointed as a judge and takes the prescribed oath,
his independence or his conduct cannot be questioned by the executive which is very
often the main litigant before the Courts.
CONCLUSION
In order to analyse judgments you need some insight into the decision making process
of the judge. The single most important means of assessing whether you think a judge
is right or wrong is to develop an understanding of the mechanism as to how the judge
has arrived at the conclusion, yet very little has been written by judges themselves
about the practicalities of judgeship in modern times. Hence, there arises today an
emphasis on the logic of discovery, and the drawing of an analogy between the task of
the judge and that of the natural scientist. The latter, with a specific knowledge
acquired through experiments, frames a provisional hypothesis and tests that
supposition by making further experiments in order to assess the accuracy of the
deduction drawn from it. The Common Law doctrine of binding precedent has
prevented final courts from engaging in tentative experiments and from correcting the
mistakes of the past.
Jurimetrics, the application of modern logic and computer techniques to legal
problems, may be useful in the analysis of facts, in the identification of ambiguities in
syntax and perhaps in the prediction and formulation of judicial decisions. Judicial
behaviour is perhaps best defined as a field of inquiry in which there is a fusion of
theories and methods developed in the various social sciences in order to study
scientifically how and why judges make the decisions they do. Judicial behaviour
should be understood to have a primary focus on the explanation of the behaviour of
individual decision makers but may also include propositions about decision making
within or by groups of decision makers and by the institution-courts that are headed by
individual judges and groups of judges. The Pioneers of Judicial Behaviour accounts
for the emergence and exploration of three current theoretical approaches to the study
of judicial behaviour--attitudinal, strategic, and historical-institutionalist.
Thus, it is clear that jurimetrics does not offer any social answers. It seeks to apply to
legal problems ‘the same humble, honest objective approach that has characterised the
development of science’ in other fields. Jurimetrics does not seek to oust
jurisprudence, philosophy or faith from men’s lives. They have their settled place.
Jurimetrics is not concerned with a debate as to whether the metaphorical life of the
judge has logic or experience. Jurimetrics is concerned with only investigating the
structure and dimensions of all experience that is relevant the law.
The law cannot dispense with a logical method if it is to have any claim at all to
rationality. Materially, thinking may be bad because of a narrow or unskilful choice of
premises. No doubt, in the past the premises from which rules have been deduced have
been rather narrow, but instead of attacking logic it would be more reasonable to
broaden the foundations of the law. To give up logic because of the excesses of the
particular method, or to worship irrationality because of the mistakes of the past would
not be wise at all. Best law cannot be achieved without proper use of logic. Thus, in
the end it can be said that jurimetrics has two dimensions one is the information
technology and computer advancement techniques and other is the mental, physical,
social background of the judge and its impact on him while deciding any case. And
until a time technology reaches that height where artificial intelligence would be able
to analyse with certainty, the mechanism by which a judge decides a case, inquiry into
the subjectivity of a judges discretion would rest with the subjective analysis of fellow
humans who are subconsciously governed by their sets of social and mental
background.
Questionnaire
It is list of questions related to one topic. It may be defined as;
“A questionnaire is a systematic compilation of questions that are submitted to

a sampling of population from which information is desired.” ----- Barr, Davis
& Johnson
“In general, the word questionnaire refers to a device for securing answers to
questions by using a form which the respondent fills in himself.” ---- W. J.
Goode & K. Hall
The questionnaire is probably most used and most abused of the data gathering
devices .It is easy to prepare and to administer. The questionnaire is a form
prepared and distributed to secure responses to certain questions. It is a device
for securing answers to questions by using a form which the respondent will fill
by himself. It is a systematic compilation of questions. It is an important
instrument being used to gather information from widely scattered sources.
Normally used where one cannot see personally all of the people from whom he
desires responses or where there is no particular reason to see them personally.
1. The Interview:
Interview is a two way method which permits an exchange of ideas and

information.
“Interviewing is fundamentally a process of social interaction.” ---W. J. Goode &

P.K. Hatt”
The interview constitutes a social situation between two persons, the psychological
process involved requiring both individuals mutually respond though the social
research purpose of the interview call for a varied response from the two parties
concerned.” ----- Vivien Palmar
“The interview may be regarded as a systematic method by which a person enters

more or less imaginatively into the inner life of a comparative stranger.” --- P.V.
Young
In an interview a rapport is established between the interviewer and the

interviewee. Not only is physical distance between them annihilated, the social and
cultural barrier is also removed; and a free mutual flow of ideas to and fro takes
place. Both create their respective impression upon each other. The interview
brings them both on the same level and an emotional attachment supervenes
between them. In an interview all formalities are laid down and the gate is opened
for delivering into the intellectuals, emotional and subconscious stirrings of the
interviewee. Thus here the ‘depth’ of subject (man) is gone to the very bottom of
his emotional pool and may check his truthfulness of responses.
Difference between Interview and Questionnaire
Questionnaire Method Interview Method
1. Data is gathered indirectly. 1. Data is gathered directly.
2. No face to face contact between two. 2. There is face to face contact between
interviewer and interviewee.
3. Interviewer should have the general 3. Skillful interviewer is needed.

knowledge of the topic
4. Interviwee will hesitate to write it. 4. Some confidential information can

also be obtained.
5. We get written information only 5. We get written and oral both type
ofinformation
Characteristics of an Interview:
Its appropriate to
deal with young It can make cross
children and questioning possible.
illiterates person.
It can deal with

delicate, confidential
It has flexibility.
and even intimate
topics
It helps the
investigator to gain
an impression of the
person concerned
Schedule:
When a researcher is using a set of questionnaires for interview purpose it is
known as schedule.
“Schedule is the name usually applied to set of questions, which are asked and
filled by an interviewer in a face to face situation with another.”--- W.J. Goode &
P. K. Hatt
By a schedule we cannot, however, obtain information about many things at once.

It is best suited to the study of a single item thoroughly.
According to Thomas Carson Macormie, “The schedule is nothing more than a

list of questions which, it seems necessary to test the hypothesis.”
Thus schedule is a list of questions formulated and presented with the specific
purpose of testing an assumption or hypothesis. In schedule method interview
occupies a central and plays a vital role.
As a matter of fact success in the use of schedule is largely determined by the

ability and tact of the interviewer rather than by the quality of the questions posed.
Because the interviewer himself poses the questions and notes down the answers
all by himself, the quality of questions has not any great significance.
Important Features of Schedule:
The schedule can be used in a

very narrow sphere of social
research.
It aids to delimit the scope of

the study and to concentrate It aims at delimiting the
on the circumscribed
subject
elements essential to the
analysis.
The schedule is presented by

the interviewer. The The list of questions is a mere
questions are asked and the formal document, it need not
answers are noted down by be attractive
him.
Observation Technique
This is most commonly used technique of evaluation research. It is used for

evaluating cognitive and non-cognitive aspects of a person. It is used in evaluation
performance, interests, attitudes, values towards their life problems and situations.
It is most useful technique for evaluating the behaviors of children.
It is technique of evaluation in which behavior are observed in a natural situations.
“It is thorough study based on visual observation. Under this technique group
behaviors and social institutions problems are evaluated.” C. Y. Younge
“Observation employs relatively more visual and senses than audio and vocal
organs.” C.A. Mourse
The cause- effect relationship and study of events in original form, is known as
observation. Observation seeks to ascertain what people think and do by watching
them in action as they express themselves in various situations and activities.
Observation is recognized as the most direct means of studying people when one is
interested in their overt behavior.
In questionnaires and interview people may write answer as they think, they do but
this is often different from what they actually do. These restrictions are missing in
observation so observation is a more natural way of gathering data. Artificiality
and formality of questionnaires and interview is replaced by reality and informality
in observation. Data obtained through observation are more real and true than the
data collected by any other method. It also plays a particular part in survey
procedure.
Characteristics of Observation Schedule:
• It is planned systematically rather than occurring haphazardly

• It is systematically recorded and related to more general
propositions
• It employs own experiences.

• It is subjected to checks and controls with respect to validity ,
reliability and precision
• It is a direct technique to study an object, an event or a problem

• It is quantitative as well as qualitative technique for data
collection
CHECK YOUR PROGRESS
Question 1- Define different types of researchmethods?
Question 2- Explain the concept of observation &

interview?
Question 3- Explain the meaning of Questionnaire?What is

the importance of Questionnaire?
Question 4- Difference Between Questionnaire &

Interview?
UNIT – IV
TABULATION, ANALYSIS, INTERPRETATION AND

REPORTING
Classification and Tabulation of Data
Analysis and interpretation of Data
Use of Statistical methods and computers

in legalresearch
Reporting and Methods of Citations
Ethics in research
CLASSIFICATION OF DATA
Connor defined classification as: “the process of arranging things in groups or

classes according to their resemblances and affinities and gives expression to the
unity of attributes that may subsist amongst a diversity of individuals”.
The raw data, collected in real situations and arranged haphazardly, do not give a
clear picture. Thus to locate similarities and reduce mental strain we resort to
classification. Classification condenses the data by dropping out unnecessary
details. It facilitates comparison between different sets of data clearly showing the
different points of agreement and disagreement.
CLASSIFICATION AND TABULATION OF DATA

Classification and tabulation are essential data preparation techniques used in research
and data analysis to organize, summarize, and present data in a structured and
comprehensible manner. These techniques help in drawing insights, identifying
patterns, and making data more accessible for analysis. Here's an overview of
classification and tabulation of data:
Classification of Data:
Classification involves categorizing data into groups or classes based on their
characteristics or attributes. It is used to simplify complex data sets and make them more
manageable. There are two main types of classification:
Qualitative Classification:
This type of classification is used for data that can be categorized into non-numerical or
categorical classes. Qualitative data often include attributes such as colors, types,
categories, or labels.
For example- classifying survey responses into categories like "Agree," "Disagree," and
"Neutral."
Quantitative Classification:
Quantitative classification is used for data that can be expressed as numbers. This type of
classification typically involves grouping data into intervals or ranges.
For example, categorizing ages into groups like "0-10 years," "11-20 years," "21-30
years," and so on.
Tabulation of Data:
Tabulation involves presenting data in a systematic, organized, and structured form using
tables. The purpose of tabulation is to provide a clear and concise overview of the data's
distribution, relationships, and patterns. Here are the basic steps for tabulating data:
Create a Table:
Determine the structure of the table, including the number of rows and columns needed to
present the data effectively.
Headings:
Include clear and descriptive headings for both rows and columns. Row headings usually
represent categories, while column headings represent attributes or variables.
Data Entries:
Enter data into the table under appropriate rows and columns based on the classification.
Ensure data accuracy and consistency.
Totals and Subtotals:

Calculate and include totals and subtotals when necessary to provide summary
information. Totals can be calculated for rows, columns, or both.
Footnotes and Explanations:
If needed, include footnotes or explanations to clarify the data presentation and provide
context or definitions for specific terms or categories.
Formatting and Consistency:

Make sure the table is well-structured, easy to read, and consistent in terms of units,
decimal places, and formatting.
Primary Rules of Classification
In quantitative classification, we classify data by assigning arbitrary limits

called class-limits. The group between any two class-limits is termed as class or
class- interval. The primary rules of classification are given below:
(i) There should not be any ambiguity in the definition of classes. It will
eliminate all doubts while including a particular item in a class.
(ii) All the classes should preferably have equal width or length. Only in
some special cases, we use classes of unequal width.
(iii) The class-limits (integral or fractional) should be selected in such a way
that no value of the item in the raw data coincides with the value of the
limit.
(iv) The number of classes should preferably be between 10 and 20, i.e.,
neither too large nor too small.
(v) The classes should be exhaustive, i.e., each value of the raw data should
be included in them.
(vi) The classes should be mutually exclusive and non-overlapping, i.e., each
item of the raw data should fit only in one class.
(vii) The classification must be suitable for the object of inquiry.
(viii) The classification should be flexible and items included in each class
must be homogeneous.
(ix) Width of class-interval is determined by first fixing the no. of
class-intervals and then dividing the total range by that number.
Modes of Classification
There are four types of classification, viz.,
(i) qualitative;
(ii) quantitative;
(iii) temporal and
(iv) spatial.
Qualitative classification:
It is done according to attributes or non-measurable characteristics; like social

status, sex, nationality, occupation, etc. For example, the population of the whole
country can be classified into four categories as married, unmarried, widowed and
divorced. When only one attribute, e.g., sex, is used for classification, it is called
simple classification. When more than one attributes, e.g., deafness, sex and
religion, are used for classification, it is called manifold classification.
Quantitative classification:
It is done according to numerical size like weights in kg or heights in cm. Here we

classify the data by assigning arbitrary limits known as class-limits. The
quantitative phenomenon under study is called a variable. For example, the
population 4 Business Statistics of the whole country may be classified according
to different variables like age, income, wage, price, etc. Hence this classification is
often called ‘classification by variables’.
(a) Variable: A variable in statistics means any measurable characteristic or

quantity which can assume a range of numerical values within certain limits, e.g.,
income, height, age, weight, wage, price, etc. A variable can be classified as either
discrete or continuous.
(1) Discrete variable: A variable which can take up only exact values and not
any fractional values, is called a ‘discrete’ variable. Number of workmen in a
factory,
members of a family, students in a class, number of births in a certain year,
number of telephone calls in a month, etc., are examples of discrete-variable.
(2) Continuous variable: A variable which can take up any numerical value
(integral/fractional) within a certain range is called a ‘continuous’ variable. Height,
weight, rainfall, time, temperature, etc., are examples of continuous variables. Age
of students in a school is a continuous variable as it can be measured to the nearest
fraction of time, i.e., years, months, days, etc.
(iii) Temporal classification: It is done according to time, e.g., index

numbers arranged over a period of time, population of a country for several
decades, exports and imports of India for different five year plans, etc.
(iv) Spatial classification: It is done with respect to space or places, e.g.,

production of cereals in quintals in various states, population of a country
according to states, etc.
ANALYSIS AND INTERPRETATION OF DATA
Data analysis is defined as a process of cleaning, transforming, and modeling data

to discover useful information for business decision making. The purpose of Data
Analysis is to extract useful information from data and taking the decision based
upon the data analysis.
Data Analysis Process
The Data Analysis Process is nothing but gathering information by using a proper
application or tool which allows you to explore the data and find a pattern in it.
Based on that information and data, you can make decisions, or you can get
ultimate conclusions. Data Analysis consists of the following phases:
• Data Requirement Gathering
• Data Collection
• Data Cleaning
• Data Analysis
• Data Interpretation
• Data Visualization
Data Interpretation
Data interpretation is the process of reviewing data through some predefined

processes which will help assign some meaning to the data and arrive at a
relevant conclusion. It involves taking the result of data analysis. Data analysis is
the process of ordering, categorizing, manipulating, and summarizing data to
obtain answers to research questions. It is usually the first step taken towards
data interpretation.
It is evident that the interpretation of data is very important, and as such needs to
be done properly. Therefore, researchers have identified some data interpretation
methods to aid this process.
Data Interpretation Methods
Data interpretation methods are how analysts help people make sense of numerical
data that has been collected, analyzed and presented. Data, when collected in raw
form, may be difficult for the layman to understand, which is why analysts need to
break down the information gathered so that others can make sense of it.
For example, when founders are pitching to potential investors, they must interpret
data (e.g. market size, growth rate, etc.) for better understanding. There are 2 main
methods in which this can be done, namely; quantitative methods and qualitative
methods.
Qualitative Data Interpretation Method
The qualitative data interpretation method is used to analyze qualitative data,

which is also known as categorical data. This method uses texts, rather than
numbers or patterns to describe data.
Qualitative data is usually gathered using a wide variety of person-toperson
techniques, which may be difficult to analyze compared to the quantitative
research method.
Unlike the quantitative data which can be analyzed directly after it has been
collected and sorted, qualitative data needs to first be coded into numbers beforeit
can be analyzed. This is because texts are usually cumbersome, and will take more
time and result in a lot of errors if analyzed in its original state. Coding done by the
analyst should also be documented so that it can be reused by others and also
analyzed.
There are two main types of qualitative data, namely; nominal and ordinal data.
These two data types are both interpreted using the same method, but ordinal data
interpretation is quite easier than that of nominal data.
In most cases, ordinal data is usually labeled with numbers during the process of
data collection, and coding may not be required. This is different from nominal
data that still needs to be coded for proper interpretation.
Quantitative Data Interpretation Method
The quantitative data interpretation method is used to analyze quantitative data, which
is also known as numerical data. This data type contains numbers and is therefore
analyzed with the use of numbers and not texts.
Quantitative data are of 2 main types, namely; discrete and continuous data.
Continuous data is further divided into interval data and ratio data, with all the data
types being numeric.
Due to its natural existence as a number, analysts do not need to employ the
coding technique on quantitative data before it is analyzed. The process of
analyzing quantitative data involves statistical modelling techniques such as
standard deviation, mean and median.
Some of the statistical methods used in analyzing quantitative data are

highlighted below:
• Mean
The mean is a numerical average for a set of data and is calculated by dividing the
sum of the values by the number of values in a dataset. It is used to get an estimate
of a large population from the dataset obtained from a sample of the population.
•Standard deviation
This technique is used to measure how well the responses align with or deviates
from the mean. It describes the degree of consistency within the responses;
together with the mean, it provides insight into data sets.
• Frequency distribution
This technique is used to assess the demography of the respondents or the

number of times a particular response appears in research. It is extremely keen on
determining the degree of intersection between data points.
Advantages of Data Interpretation
• It helps to make informed decisions and not just through guessing or

predictions.
• It is cost-efficient
• The insights obtained can be used to set and identify trends in data.
Citation Methods
SIGNS, SIGNALS, AND ABBREVIATIONS
i. Signs and Signals
a. Ibid:
Ibid is used to refer to an immediately preceding authority, either exactly as it has been
cited, or at a different page number. In the first case, only the term ‘Ibid’, is used, whereas
in the latter case, a different page number is alluded to by following ‘Ibid’, with the word
‘at’ and the relevant page number.
Example:
10
P.C. Markenda, Law Relating to Arbitration & Conciliation, 98 (6th ed., 2006)
11
Ibid.
12
Ibid, at 64. (NOTE: Here 64 is the page number from where the author has
taken the cited statement/text).
b. Supra:
When an authority has been fully cited previously by the author, ‘Supra’ is used to refer
to that same authority at a later point. Supra should only be used where it is inappropriate
to use ‘Ibid’.
Example:
43
V.N.Shukla’s Constitution of India, 219 (M.P. Singh, 12th ed., 2013).
44
S. Sen, The Principle of Common Heritage of Mankind in Outer Space: A
Framework of
Ambiguity and Ineffectiveness?, 26, 39 in Outer Space Law: From Theory to
Practice (Sandeepa Bhat B., 1st ed., 2009).
45
Ibid.
46
Supra 43. (NOTE: Here 43 is the footnote number where the authority was
first
cited in the paper).47Supra 21, at 991. (NOTE: Here 21 is the footnote number
where the authority was first cited in the paper and 991 is the page number from
where the author has taken the cited statement/text).
c. See:
When the cited statement is not directly related to the given authority, ‘See’ needs to be
added as a prefix in that footnote.
Example:
24
See R. v. Sinclair (2010) 2 SCR. 310. (NOTE: This may be used while giving
an example in the citation. This signal can be used alone or attached with any
other signal.)
ii. Abbreviations and Details

a. Dates:
When providing dates, always provide dates in the format of day/month/year.
Example:
June 3rd, 2012 will be cited as 03/06/2012.
December 22nd, 2005 will be cited as 25/12/2005.
b. Abbreviating Names:
First names and middle names of authors shall be abbreviated by using the first letter of
the name followed by a period. The last name shall be provided in full.
Example:
Jawaharlal Nehru will be abbreviated as J. Nehru.
Mahendra Pal Singh will be abbreviated as M.P. Singh.
c. URLs:
When providing a URL in a citation, the URL should be provided in its full form and
should, if possible, provide one click access to the referred web page. The URL should
always be preceded by the phrase ‘available at’ and followed by ‘last seen on’ and the
date on which the URL was last accessed.
Example:
J.V.M. Sarma & V. Bhaskar, A Road Map for Implementing the Goods and
Services Tax, 47(31) Economic & Political Weekly 68, 70 (2012), available at
http://www.epw.in/system/files/pdf/2012_47/31/A_Road_Map_for_Implementi
n g_the_Goods_and_Services_Tax.pdf, last seen on 11/11/2013.
CASES
A case citation for a published judgment includes the full name of the case, the citation as
per the reporter in which it is published and the first page of the case. In order to cite an
un-published judgment, first note the name of the parties followed by the case/appeal
number. It should be followed by the name of the Court and the date the judgment was
passed in parenthesis. The name of the parties should be separated with a ‘v.’. The
case/appeal number will be the number assigned to the judgment by the Court.
How to cite: Names of the Parties, Citation.

Example:
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, 1480.
Other reporters:
Charan Lal Sahu v. Union Carbide, (1989) 1 SCC 674.
Singh v. Punjab, (1980) 2 SCJ 475, 524.
R. v. Sinclair (2010) 2 SCR. 310.
How to cite Unpublished Decisions: Names of the Parties, Appeal Number (Court name,
Date).
Examples:
Mohammed Ajmal Mohammad Amir Kasab v. State of Maharashtra,
Criminal Appeal No. 1899-1900 and 1961 of 2011 and Transfer Petition
(Criminal) No. 30 of 2012 (Supreme Court, 29/08/2012).
State of Bihar v. Nirmal Kumar Gupta, Civil Appeal No. 128 of 2013
(Supreme Court, 08/01/2013).
Rakeysh Omprakash Mehra v. Govt. of NCT of Delhi, W.P. (Crl.)
1188/2009 & Crl. M.A. 9918/2009 (Delhi High Court, 02/01/2013).
i. Securities Appellate Tribunal
Orders of the Securities Appellate Tribunal of India are cited by providing the names of
the parties, the application or appeal umber, and in parenthesis ‘Securities Appellate
Tribunal’ and the date of the order. The name of the parties should be separated with a
‘v.’.
How to cite: Name of the Parties, Application/Appeal No. (as applicable) (Securities
Appellate Tribunal, Date of Order). (NOTE: this is for unpublished cases. Published
cases are cited as per the reporter in which they are published.)
Example: Sahara India Real Estate Corporation Ltd. v. Securities and Exchange
Board of India, Misc. Application No. 133 of 2013 and Appeal No. 206 of
2013 (Securities Appellate Tribunal, 04/02/2014).
ii. Competition Commission of India
Orders of the Competition Commission of India are cited by providing the names of the
parties, the case number, and in parenthesis ‘Competition Commission of India’ and the
date of the order. The name of the parties should be separated with a ‘v.’.
How to cite: Name of the Parties, Case No. (Competition Commission of India, Date of
Order).
Example:
Ajay Devgn Films v. Yash Raj Films Private Limited, Case No. 66 of 2012
(Competition Commission of India, 05/11/2012).
DLF City Club Members Welfare Association v. DLF Recreational Foundation
Ltd, Case No. 25 of 2013, (Competition Commission of India, 01/07/2013).
LEGISLATIVE MATERIALS
i. Statutes
In order to cite a primary legislation, first mention the Section/ Order/ Rule number,
followed by the name of the Statute and the year it was passed. To indicate a section, a
capitalized letter ‘S.’ should be used. To indicate multiple sections, ‘Ss’. should be used.
How to cite: S. | Section number/Order Number/ Rule Number, Name of the statute,
Year.
Examples:
S. 376(2) (g), The Indian Penal Code, 1960.
Ss. 25, 26 & 27, The Indian Contract Act, 1872.
Order 1, Rule 3, The Code of Civil Procedure, 1908.
Rule 7, Depositories (Appeal to Securities Appellate Tribunal)
Rules, 2000.
ii. Bills
In order to cite a Bill first mention the name of the Bill, then the year it was drafted, and
the current status of the Bill, if available, in parenthesis. If it is unavailable, the author
can say so.
How to cite: Name of the Bill, Year (Status of the Bill).

Examples:
The Competition (Amendment) Bill, 2012 (pending).
The Prevention of Money Laundering (Amendment) Bill, 2011 (passed
by Lok Sabha, 29/11/2012).
The Rights of Persons with Disabilities Bill, 2012 (draft bill, Sep 2012).
The Constitution (116th Amendment) Bill, 2012 (pending).
The Constitution (117th Amendment) Bill, 2012 (passed by Rajya
Sabha, 17/12/2012).
iii. The Indian Constitution
In order to cite any Article/Schedule of the Constitution, first mention the criterion
followed by its number and the phrase ‘the Constitution of India’. To indicate an Article,
‘Art.’ should be used.
How to cite: Art./Schedule| Article/Schedule number, the Constitution of India.

Examples:
Art. 14, the Constitution of India.
Schedule 9, the Constitution of India.
iv. Parliamentary Committee Reports
Parliamentary Committee Reports are cited by first mentioning the name of the
Committee that passed the Report, followed by the House of Parliament that set-up the
Committee, the Title of the Report in italics, and the year.
How to cite: Name of the Committee, House of Parliament, Title of the Report, Year.
Example:
Committee on Agriculture, Lok Sabha, The Multi-State Co-
Operative Societies (Amendment) Bill, 2010.
v. Reports by Ministries
In order to cite a Report by a Ministry, first mention the name of the Ministry which
released the Report followed by the parent Government, i.e. Government of India, and the
title of the Report in italics. For Reports available on the internet mention the phrase
‘available at’ followed by the web address (also known as the Uniform Resource Locator
or URL), the phrase ‘last seen on ’, and the date the web-source was last seen by the user.
How to cite: Name of the Ministry, Government of India, Title of the Report, URL, last
seen on dd/mm/yyyy.
Example:
Ministry of Finance, Government of India, Annual Report 2012-13,
available at
http://www.finmin.nic.in/reports/AnnualReport2012-13.pdf, last seen on
11/11/2013.
vi. Parliamentary Debates
Parliamentary Debates are cited by first referring to the type of debate followed by the
name of the Speaker/Participant, the title of the debate in italics, the House of Parliament
which held the debate, and the date of the debate in parenthesis.
How to cite: Type of debate | by/to | Speaker/Participant, Title of Debate, House of

parliament (Date).
Example:
Statement by Prime Minister, Statement Regarding Civil Nuclear Energy
Cooperation with the USA, Lok Sabha (27/02/2006).
ARTICLES
i. Law Reviews and Journals
Articles published in Law Reviews or Journals are cited by mentioning the name of the
author, the title of the article in italics, the volume number of the Law Review/Journal,
the full name of the Law Review/Journal, the first page/starting page of the article in the
Law Review/Journal, the page number containing the relevant information, and the year
of publication of the Law Review/Journal in parenthesis. In case the Law Review/Journal
is available on the internet, it is followed by ‘available at' and the web address (the URL)
and the phrase ‘last seen on’ and the date the web-source was last seen by the user. The
first and middle names of the author are to be abbreviated to initials, using only the last
name in its entirety.
How to cite:
Hard copy: Name of Author(s), Title of Article, Volume no. | Full Name of
Journal| Starting page, Cited page (year).
Online: Name of Author(s), Title of Article, Volume no. | Full Name of Journal|
Starting page, Cited page| (year), URL, last seen on dd/mm/yyyy.
Example:
C.D. Singh, P. Pranjal & S. Arora, The Protection of Children from the Sexual
Offences Act, 2012: A Critique of the Decision to Raise the Age of Consent for
Sexual Relations, 3 Journal of Indian Law & Society 286, 300 (2012).
C.D. Singh, P. Pranjal & S. Arora, The Protection of Children from the Sexual
Offences Act, 2012: A Critique of the decision to raise the age of consent for sexual
relations, 3 Journal of Indian Law & Society 286, 300 (2012), available at
http://jils.ac.in/wp-content/uploads/2012/11/chitwan-prashant-sahil1.pdf, last seen
on 11/11/2013.
ii. Magazines (With Volume Number)
Articles published in Magazines (which are available in volumes) are cited by mentioning
the name of the author(s), the title of the article in italics, volume number of the
Magazine, the issue number in parenthesis, the full name of Magazine, the first
page/starting page of the article in the Magazine, the page number containing the relevant
information, and the year of publication of the Magazine in parenthesis. In case the
Magazine is available on the internet, it is followed by ‘available at' and the web address
(the URL) and the phrase ‘last seen on’, and the date the web-source was last seen by the
user. The first and middle names of the author are to be abbreviated to initials, using only
the last name in its entirety.
How to cite:
Hard copy: Name of author(s), Title of Article, Volume no. (Issue no.)| Full
Name of Magazine| Starting page, Cited page (year).
Online: Name of author(s), Title of Article, Volume no. (Issue no.)| Full Name
of Magazine| Starting page, Cited page(year)URL, last seen on dd/mm/yyyy.
Example:
Services Tax, 47(31) Economic & Political Weekly 68, 70 (2012)
Services Tax, 47(31) Economic & Political Weekly 68, 70 (2012) available at
http://www.epw.in/system/files/pdf/2012_47/31/A_Road_Map_for_Impleme
ntin g_the_Goods_and_Services_Tax.pdf, last seen on 11/11/2013.
V. Venkatesan, Uncertain Principles, 30(1) Frontline, (Jan 12-25, 2013)
available at
http://www.hindu.com/fline/fl3001/stories/20130125300110000.htm last seen
on 11/11/2013.
iii. Magazines (Without Volume Number)
Articles published in Magazines are cited by mentioning the name of the author(s), the
title of the article in italics, the full name of the Magazine, the first page/starting page of
the article in the Magazine, the page number containing the relevant information, and the
date of publication of the Magazine in parenthesis. If the Magazine is available on the
Internet, it is followed by ‘available at' and the web address (the URL) and the phrase
‘last seen on’, and the date the web-source was last seen by the user. The first and middle
names of the author are to be abbreviated to initials, using only the last name in its
entirety.
How to cite:
Hard copy: Name of author(s), Title of Article, Full Name of Magazine |
Starting page, Cited page (Date).
Soft Copy: Name of author(s), Title of Article, Full Name of Magazine (Date),
URL, last seen on dd/mm/yyyy.
Example:
R. Dixit, The Incensed and the Insensitive, The Week 35, 37 (06/01/2013).
R. Dixit, The Incensed and the Insensitive, The Week (31/12/2012), available
at http://week.manoramaonline.com/cgi-
bin/MMOnline.dll/portal/ep/theWeekContent.do?programId=1073755753&c
onten tId=13134055&tabId=13, last seen on 11/11/2013.
iv. Newspaper Articles (Print Version)
Newspaper Articles (print versions) are cited by mentioning the name of the author(s), the
title of the article in italics, the full name of the newspaper, the page number containing
the relevant information, and the city edition and the date of publication of the Newspaper
in parenthesis. The first and middle names of the author are to be abbreviated to initials,
using only the last name in its entirety.
How to cite: Name of Author(s) (if given), Title of Article, Name of newspaper | page
number (City edition, date).
Example:
T. Jaipuria, In Strong Message to Road Firms, NHAI may Bar GMR from Bids,
The Financial Express 1 (Kolkata, 11/01/2013).
v. Newspaper Articles (Online version)
Newspaper Articles (online versions) are cited by mentioning the name of the author(s),
the title of the article in italics, the full name of the newspaper, the date of publication of
the Newspaper in parenthesis, and the web address (the URL). The first and middle
names of the author are to be abbreviated to initials, using only the last name in its
entirety
How to cite: Name of Author(s) (if given), Title of Article, Name of newspaper (date),
URL, last seen on dd/mm/yyyy.
Example:
P. Swami, Runaway Grandmother Sparked Savage Skirmish on LoC, The
Hindu (09/01/2013), available at
http://www.thehindu.com/news/national/runaway-grandmother-sparked-
savage-skirmish-on-loc/article4291426.ece, last seen on 21/12/2013.
BOOKS
i. Authored Books
Authored books are cited by mentioning the name of the author(s), the title of the book in
italics, the page number containing the relevant information and name of the editor(s),
edition number, and the year of publication in parenthesis. The first and middle names of
the author are to be abbreviated to initials, using only the last name in its entirety.
How to cite: Name of Author(s), Title of Book, Page Number (Editors(s), edition, Year).
Example:
P.C. Markenda, Law Relating to Arbitration & Conciliation, 98
(6th ed., 2006).
H.V. Hande, Ambekdar & the Making of the Indian
Constitution, 73 (1st ed., 2009).
ii. Edited Books
Edited books are cited by mentioning the title of the book in italics, the page number
containing the information referred to, and the name of the editor(s), edition number, and
year of publication of the book in parenthesis. The first and middle names of the author
are to be abbreviated to initials, using only the last name in its entirety.
How to cite: Title of Book, Page Number (Editors(s), Edition, Year).

Example:
V.N. Shukla’s Constitution of India, 219 (M.P. Singh, 12th ed., 2013).
INTERNET SOURCES
i. Websites
Web-resources are cited by mentioning the title of the web-page in italics followed by the
name of the website and the web-address (the URL).
How to cite: Title of Page, Name of website, URL, last seen on dd/mm/yyyy.
Example:
About Us, Kulraj Broadway, available at
http://www.hdilbroadway.in/aboutus.html, last seen on 23/12/2013.
ii. Blogs
Blogs are cited by mentioning the name of the author(s), title of the blog-post in italics
followed by the name of the blog, the web-address (the URL) and the phrase ‘last seen
on’, and the date the web-source was last seen by the user.
How to cite: Author(s), Title of Blog Post, Name of Blog, URL, last seen on
dd/mm/yyyy.
Example:
G. Loomba, Will the Scourge of Manual Scavenging End: Analyzing the 2012
Bill, JILS Blog, available at http://jilsblognujs.wordpress.com/2013/01/13/will-
the-scourge-of-manual-scavenging-end-analyzing-the-2012-bill/, last seen on
21/12/2013.
Ethics in Research
The quote ‟everything is fair in love and war‟ but is neither applicable to business
nor to research. Hence, this section has been incorporated this analysis. The
aspects of ethics are the creations of WW II and it revolutionized it, yet nothing is
finalized. What is acceptable today may not be after a decade or so. Hence, as per
the codes, it should indicate their boundaries as follows:
a) Boundaries of Competence:
I. Researchers provides services, teach and conduct research only within the
boundaries of their competencies, based on their education, training, supervised
experience or appropriate professional experience
II. Researchers provide services, teach or conduct research in new areas or

involving new techniques only after first undertaking appropriate study, training,
supervision.
III. In those emerging areas in which generally recognized standards for

preparatory training do not yet exist, psychologists nevertheless take reasonable
steps to ensure the competence of their work and to protect patients, clients,
students, research participates and others from harm.
b) Maintaining Expertise:
Research scholars who engages in assessments, therapy, teaching, research

organizational consult ting or other professional activities maintain reasonable
level of awareness of current scientific and professional information in their fields
of activity and undertake ongoing efforts to maintain competence in the skills they
use.
c) Planning Research:
It needs meticulous planning and proper follow up:
I. Research scholars design, conduct and report research in accordance with

recognized standard of scientific competence and ethical research
II. Research scholars plans their research so as to minimize the possibility that
results will be misleading
III. In planning research, psychologists consider its ethical acceptability under
ethics code. If an ethical issue is unclear, psychologists seek to resolve the
issue though consultation with institutional review boars, peer consultation
or other proper mechanism
IV. Research scholars take reasonable steps to implements appropriate
protections for the rights and welfare of human participants other persons
affected by the search and the welfare of animals subjects.
V. Research scholars design, conduct and report research in accordance with

recognized standard of scientific competence and ethical research
VI. Research scholars plans their research so as to minimize the possibility that
results will be misleading
VII. In planning research, psychologists consider its ethical acceptability under
ethics code. If an ethical issue is unclear, psychologists seek to resolve the
issue though consultation with institutional review boars, peer consultation
or other proper mechanism IV. Research scholars take reasonable steps to
implements appropriate protections for the rights and welfare of human
participants other persons affected by the search and the welfare of animals
subjects\
d) Responsibility:
Due care on the part of the guide and the researcher has to be taken care of
depending upon the competence:
I. Research scholars conduct research completely and with due
concern for the dignity and welfare of the participants
II. Research scholar are responsible for the ethical conduct of research
conducted by them or by others under their supervision or control
III. Researchers and assistants are permitted to perform only those
tasks for which they are appropriately trained and prepared
IV. As part of the process of development and implementation of
research projects psychologists consult those with expertise
concerning any special population under investigation or most likely
to be affected.
e) Compliance with Law and Standard

Research scholars plan and conduct research in a manner consistent with
union and state prevailing stature and regulations as well as professional
standards governing the conduct of research and particularly those
standards governing research with human participants.
f) Institutional Approval
Research scholars obtain from host institutions or organizations

appropriate approval prior to conducting research and they provide
accurate information about their research proposal or for that matter purely
a Pilot study, before going for a major research
g) Research Responsibilities
Prior to conducting research psychologists enter into an agreement with
participations that clarifies that nature of the research and the responsibilities
of each party
h) Informed consent to Research:

Psychologists must follow certain norms:
I. Research scholars use language that is reasonable understandable to
research participants in obtaining their appropriate informed
consent
II. Using language that is reasonably understandable to participants,
psychologists inform participants of the nature of the research;
they inform participants that they are free to participate or to
decline to participate or to withdraw from the research; they
explain the foreseeable consequences of declining or
withdrawing; they inform participants of significant factors that
may be expected to influence their willingness to participate
III. When research scholars conduct research with individuals such as
students or subordinates, psychologists take special care to protect
the prospective participants from adverse consequences of
declining or withdrawing from participation.
IV. When research participations is course requirement or
opportunity for extra credit, the prospective participants is given
the choice of equitable alternatives activities.
i) Dispensing with Informed consent
Before determining that planned research does not require the informed
consents of research participants, psychologists consider applicable
regulations and they consult with colleagues as appropriate.
j) Informed consensus to research Filming or Recording:
Research scholars obtains informed consents from research participants

proper to filming or recording them in any form, unless the research
involves simply naturalistic observations in public place and it is not
anticipated that the recording will be used in manner that could cause
personal identification or harm.
j) Offering incentives for Research Participants:
Incentives or an inducement is fare but there should not be any element of

fear:
I. In offering professional services as an inducement to obtain
research participants, psychologists make clear the nature of the
services as well as the risks, obligations and limitations especially
while dealing with the patients or clients
II. Psychologists do not offer excessive or inappropriate financial or
other inducements to obtain research participants, particularly
when it might tend to coerce participations.
k) Deception in Research:
No deception unless justifiable:
I. Research scholars do not conduct a study involving deception
unless they have determined that the use of deceptive techniques
is justified by the study prospective scientific, educational or
applied value and that equally effective alternative procedures that
do not use deception are not feasible.
II. Research scholar never deceive research participants about
significant aspects that would affect their willingness to
participate
III. Any other deception that is an integral features of the design and
conduct of an experiment must explained to participants as early
as is feasible, preferably at the conclusion of their participation,
but no later than the conclusion of the research
l) Sharing and Utilizing data:
Research scholars inform research participants of their anticipated or
further use of personally identifiable research data and of the possibility of
unanticipated future uses
m) Minimizing Invasiveness:
In conducting research, research scholars interfere with the participants or
milieu from which data are collected only in a manner that is warranted
by an appropriate research design and that is consistent with psychologist
roles as scientific investigators.
o) Providing participants with information about the study:
i. Research scholars provide a prompt opportunity for participants to
obtain information about the nature, result and conclusion of the
research and psychologists attempt to correct any misconception that
participants may have
ii. If scientific or human values justify delaying or withholding this
information, psychologists take reasonable measures to reduce the risk
of harm.
p) Honoring Commitment:
Research scholars take reasonable measures to honour hall
commitment they have made to research participants.
q) Reporting of Results: Results should be true and authentic in all
respects: I. Research scholars do not fabricate date of falsify results in
their publications II. If research scholars discover significant efforts in
their published data, they take reasonable steps to correct such errors in
correcting, reaction, erratum, ot other appropriate publications means
r) Plagiarism:
Research scholars do not present substantial portions or elements of
another work or data as their own, even if the other work or data source is
cited occasionally
s) Publication Credit:
Research scholars to ensure that due credit are given to the right
claimant:
I. Research scholars take responsibility and credit, including
authorship credit, only for work they have actually performed or
to which they have contributed
II. Principal authorship and other publications credits accurately
reflect the relative scientific or professional contributions of the
individual involved, regardless of their relative status
t) Duplicate Publication of Data:
Research scholars do not publish, as original data, data that have been previously
published this does not preclude republishing data when they are accompanied by
proper acknowledgement
u) Sharing Data: After research result are published, research scholars do not
withhold that data in which their conclusions are based from other content
professional who seek to verify the substantive claims through reanalysis and who
intend to use such data only for that purpose, provided that confidentiality of the
participants can be protected and unless legal rights concerning proprietary data
preclude their release
v) Professional Reviewer
Research scholars who review materials submitted for publication, grants or

other research proposal review respect the confidentially of and the proprietary
rights in such information of those who submit it.
w) Manipulation of Data:
Authenticity of the source is must and at the same time, inflation of the data,
manipulation or multiplication of data- all are unethical.
UNIT- V
LEGAL WRITING SKILLS
Foundations of writing
Transmittal letter, client opinion

letter and e-mail correspondence
Pleadings
Office memo
Memorandum of Law
Appellate brief
FOUNDATIONS OF WRITING
Lawyers write constantly and there is no way around it. Practitioners write emails,
memorandum, demand letters, and briefs. Judges and judicial clerks write bench memos
and opinions. Legal scholars write articles and opinion pieces. Writing is a key skill, and
once the basics are mastered, the creative, storytelling, and advocacy possibilities open
up. Few things must be kept in mind while writing-
1. Avoid regressions
Regressions happen when your readers need to go back to the beginning of the sentence
or paragraph. In other words, their eyes regress. This often happens because the idea was
not expressed clearly. For example, placing new information before old information can
confuse your readers regarding the connections you are making. Another source of
regressions is wordiness, especially when the subject and verb are separated by long
dependent clauses.
2. Roadmapping and Signposting
Roadmapping your work in the beginning is extremely helpful for your audience. It
previews what is ahead, and helps readers understand how the different pieces come
together. Following up with signposting (the most common type being “first, second,
third”) keeps your reader engaged and re-orients them every time a new point is
introduced.
3. Legal Research is the Cornerstone Legal writing is an outcome of extensive legal

research. While legal research merits a discussion at length on its own, for now it is
sufficed to state that the foundations of legal writing are adept legal research skills. While
the legal scholar is free to assimilate facts and to produce his/her rational opinion, they
must back it up by literary sources which expound, support, refute or shape their thought
and opinion. The writer must be clear on whether the source holds value as precedent or is
merely persuasive in nature. Present a balanced point of view. Do not feel obliged to
present just one side of the coin instead acknowledge the legal research available in a
wholesome manner and present conflicting or unfavourable views which could challenge
the ideas of the written piece. However, in citing judgements, as a rule of thumb, more
recent rulings are always more preferred compared to much older cases. It would help to
develop a habit to refer to physical compendiums of judgements. These tend to be
significantly more detailed and will help you understand the subject matter more
thoroughly.
4. Brevity is the soul of wit Mark Twain was so right when he said: “I apologize for such
a long letter – I did not have time to write a short one.” At all cost, repetition should be
avoided. Every word written in the article, or an opinion must only further the motive of
the legal scholar. Legal writing must remain free from blind adaptation of worn-out
writing habits. These habits could be using complex sentences, redundant vocabulary, and
verbosity. Pompous language could dissuade the reader from ever engaging with the
writer’s future works on a bad day. Additionally, well intended legalese could leave the
reader completely befuddled as to what the author is trying to convey. Write and expand
bullet points, exercise brevity through the entire written piece, omit the unnecessary
words to keep the written piece more effective.
5. Edit, rinse, repeat Amongst the grave errors committed by writers, instances of
misplaced punctuations threaten the credibility of the writer. Performing at least two
cycles of editing the written piece, vetting it for errors, for quality of language and for
appropriateness of citations add value to the author’s work. It is preferable also to edit the
written piece only after the body of the text is ready, to optimize time and ideation of the
author. One can never edit a piece enough, but a few cycles of editing are quintessential
to do justice to the written piece. Nevertheless, always encourage editorial input by a
third-party. Remember, that here is always scope for improvement. Over time, the
caricature of the thought process and ideation of the author become evident to their avid
readers.
TRANSMITTAL LETTER, CLIENT LETTER AND E-MAIL

CORRESPONDENCE
LETTER OF TRANSMITTAL
A letter of transmittal is a short cover letter that accompanies a more complex document
to explain its purpose. This letter clarifies the intent of the document or report so that
recipients understand what they are reading and why it was sent to them. Transmittal
letters also clarify requirements or instructions regarding the attached document and may
include specific details and main points being made in the document. A transmittal letter
is normally used to communicate information in writing to recipients outside of your
organization who are not fully involved in your project.
Here is the general format to follow when writing your letter:
1. Include a heading with the date and recipient's address

Include a heading with your full name and company address, located in the top left corner
of the page. One line below your name and address put the date you wrote the letter.
Then, one line below the address put the recipient's full name, official title, organization
and address.
2. Greet the recipient appropriately
Begin your transmittal letter with a short greeting addressed to the recipient of the letter.
3. Write the letter body
The body of the letter will normally include four sections:
The purpose of the letter: This section introduces the accompanying document and gives
the reader context. Explain what the document is and why you sent it, so the recipient can
respond and handle the document appropriately.
Details about the attached document: This section contains an overview of important
details or highlights of the attached document the reader should know before reading it.
Make sure to state the name of the document you have attached.
Request for follow-up or further instructions: This section may suggest to the recipient to
contact the sender for more information or provide instructions on what to do with the
attached document such as to review and sign it.
Contact information: Provide this information to the recipient so they can follow up to ask
questions or get clarification on details in the document.
4. Include a short closing paragraph
In the conclusion, include final remarks about the attached document, a thank you to the
recipient and a closing salutation, such as "Sincerely, [your name]" or "Regards, [your
name]."
OPINION LETTER
A legal opinion letter is a formal letter from a lawyer to a client, typically giving an
opinion on the legality of a certain course of action. This type of letter can be very
important for a client, as it can help them understand their legal situation and make
decisions accordingly.
When writing a legal opinion letter to a client, it is important to be clear, concise, and
accurate. The letter should set out the facts of the case, as well as your legal analysis of
those facts. It is also important to be sure to state any potential risks or complications that
may be associated with the case. In order to write a legal opinion letter, you will need to
have a good understanding of the law relevant to the case. You will also need to be able to
analyze the facts of the case and apply the law to those facts. It is important to be
impartial and objective in your analysis, and to avoid any speculation or conjecture.
The first step in writing a legal opinion is to research the issue. Once you have a good
understanding of the facts, you can begin drafting your opinion. Your opinion should be
structured in a clear and concise manner, and should only state the facts and your analysis
of those facts.
It is important to be careful when drafting your opinion, as you may be held liable for any
mistakes. Be sure to proofread your work carefully, and to get a second opinion from a
colleague.
When citing your sources, be sure to use the proper legal citation format. There are a
number of different formats, so be sure to consult a legal reference guide.
Finally, be sure to keep your opinion neutral. Do not let your personal beliefs or opinions
affect your analysis of the facts.
Email Correspondence
Email Communication is a way of sending a written message formally and professionally

in a short span. It is the best practice to communicate with others in several situations to
multiple people in a proper way. It has certain essential qualities and ethics to follow for
every scenario.
Before entering into the content, it is always advisable to introduce yourself briefly to
avoid confusion for the recipient. Email Communication is always good to discuss only
public matters. It is harmful to discuss personal issues related to business as well as their
own life. Messaging politely is a good email practice for business correspondence. It is
not a good practice of using shortcuts and additional blurry content for emails in business
correspondence. The content of a good email should be clear and concise. The sender
should text with confidence. In mail communication, the content should always match
with the subject mentioned. The sender should be cautious while clicking to reply all
because it is unnecessary to send all the recipients if they don't require it. Signature plays
a vital role in sending a good mail for business correspondence. The sender needs to send
the mail formally so that it creates an impression on him indirectly.
PLEADING
According to Lord Halsbury - "Where system of pleading may exist, the sole
object of it is that each side may be fully alive to the questions that are about to
be argued in order that they have an opportunity of bringing forward such
evidence as may be appropriate to the issue".
Pleading is an art, of course, and art which requires not only technical and
linguistic skill but also an expert knowledge of the law on the given point brought
before a lawyer. Even experienced lawyers and attorneys are not infallible and
sometimes they also make mistakes. However, in the matter of pleadings longer
experience and a great linguistic acumen are both essential ingredients.
What ultimately matters is how clearly and systematically have the facts been
presented before the court of law. It is a matter of common knowledge that when a
person comes to seek the assistance of the court of law in any matter, he has to
prepare a statement of his claims, and the facts on which such claims are founded.
Such statements fully drawn up, setting out all contentions, are called "pleadings".
Thus pleadings are the foundation of all sorts of litigation; no judicial system in
the world can do justice in any matter unless and until the court of justice is fully
aware as to the claims and contentions of the plaintiff and of the counter claims
and defences of the defendant. In the ancient times when the king was the
fountainhead of all justice, a petitioner used to appear before the king in person
and place all facts pertaining to his case before his majesty. After such oral
hearing, the king used to summon the other party and thereafter listen to the
defense statements put forward by the person so summoned. There used to be
same sort of cross examination or cross questioning of the parties by the king
himself. Thereafter, the decision was announced. There was hardly any system of
written statements; all the same "pleadings" did exist, although they were oral.
The king and his courtiers kept on what may be called a mental record of the
proceedings. Perhaps only r. few serious and otherwise significant cases, the
decisions were recorded. With the passage of time, judicial system underwent a
change. The administration at justice was separated from the executive and
assigned to the court of law.
Complexity of resulted in enormous litigation, and oral hearing of the ancient

times became almost impossible. Scribes used to keep records of all the
proceedings. Gradually this procedure was also abandoned and the litigants were
allowed to bring their claims and contentions duly drawn up to fie them before the
Honbe courts. When this change exactly happened, it is difficult to say.
Experience was a better teacher; and the changes in court procedure took place
not only in the light of the past experience but also in the face of expediency.
Written proceedings KAMKUS 2 Strictly for Internal Circulation - KCL made

the task of the courts of law easier and less complicated than the earlier oral
proceedings. By the turn of 19th century the procedure of pleadings has become
fairly elaborate and systematized. When the civil codes came to be drafted, the
principles of pleadings were also given statutory form. Order VI Rule 1
"pleading". Shall mean plaint or written statement.
Mogha has elaborated this definition when he remarked that "pleadings are
statements, written, drawn up and filed by each party to a case, stating what his
contentions will be at the trial and giving all such details as his opponent needs to
know in order to prepare his case in answer".
The document stating the cause of action and other necessary details and
particulars in support of the claim of the plaintiff is called the "plaint". The
defence statement containing all material facts and other details filed by the
defendant is called the "written statement". The written statement is filed by the
defendant as an answer to the contentions of the plaintiff and it contains all
materials and other objections which the defendant might place before the court to
admit or deny the claim of the plaintiff. Pleadings are, therefore, the foundation of
any litigation, and must be very carefully drafted.
Any material omission in the pleading can entail serious cones quinces, because
at the evidence and argument stages, parties are not permitted to depart from the
points and issues raised in the pleadings, nor can a party be allowed to raise
subsequently, except by way of amendment, any new ground of claim or any
allegation of fact inconsistent with the previous pleadings of the party pleading
the same.
In some cases the court may allow amendment of the plaint or the written
statement on the application of a party. This can be done under order VI Rule 17
of Civil Procedure Code. Another case of departure is where a party pleads for
set-off. Pleadings contain material facts, contentions and claim of the plaintiff,
and the material facts, contentions, denials or admissions of claims by the
defendants. There may also be counter claims by the defendant which may of two
categories –
(i) a claim to set-off against the plaintiff's demand is covered by order 8 Rule 6,
and
(ii) and independent counter claims which is not exactly set off but falls under
some other statute. While the former is permitted to be pleaded by the courts, the
latter is not, but when the .defendant files such counter claims, the written
statements is treated as a plaint.
Object of Pleadings
The whole object of pleading is to give a fair notice to each party of what the
opponent's case is. Pleadings bring forth the real matters in dispute between the
parties. It is necessary for the parties to know each other's stand, what facts are
admitted and what denied, so that at the trial they are prepared to meet them.
Pleadings also eliminate the element of surprise during the trial, besides
eradicating irrelevant matters which are admitted to be true. The facts admitted by
any parties need not be pursued or proved.
Thus the pleadings save the parties much bother, expense and trouble of adducing
evidence in support of matters already admitted by a party, and they can
concentrate their evidence to the issue framed by the Court in the light of the facts
alleged by one party and denied by the other. There is another advantage of the
pleadings. The parties come to know beforehand what points the opposite party
will raise at the trial, and thus they are a prepared to meet them and are not taken
by surprise, which would certainly be the case if there were no obligatory rules of
pleadings whereby the parties are compelled to lay bare there cases before the
opposite party prior to the commencement of the actual trial.
On the basis of above discussion we deduce the following fundamental rules of

pleading, which also have been incorporated in order VI of the Civil Procedure
Code 1908. KAMKUS 3 Strictly for Internal Circulation – KCL
Fundamental Rules of Pleadings
2) That a pleading shall contain, only a statement of facts, and not Law;
3) That a pleading shall contain all material facts and material facts only.
4) That a pleading shall state only the facts on which the party pleading relies and
not the evidence by which they are to be proved,
5) That a pleading shall state such material facts concisely, but with precision and
certainty.
Office Memorandum
A memorandum is a form of official interdepartmental communication that is used to
convey essential decisions or information. A memorandum is thought to be a step below a
formal letter and often contains details needed for specific meetings, projects, policies or
others. So what is a memorandum? A memorandum’s definition is that it is essentially an
intra-office tool for communication usable to announce specific events or changes. A
memorandum or memo for short is a way of communication that is also recorded for
posterity. Memos are usually issued when vital changes have been made to a company’s
policy or one of its projects.
Memos are designed for official internal communications of a business or organization.
They are often sent to an entire organization but are also useful for informing a single
department, team, or smaller group of people. Memos disperse necessary information
using a simple, easy-to-follow format. A memo should be brief and easy to read. It
informs recipients and provides an action plan with specific next steps.
Memorandum writing consists of multiple segments. A memorandum paper comes with

the following parts:
The Header: The head segment can be split into four parts:
To: Enter the recipient’s name and position
From: Enter the sender’s name and position
Date: Enter the date of sending
Subject: Enter a short reason for the memo
Opening Segment: The opening should contain a brief version of why this memo is
necessary, so the recipient knows exactly what is happening.
Context: If there are any specific reasons or circumstances for the memo, they can be
listed in this section.
Action Segment: This segment should be used to instruct the recipient on any steps to be
taken or tasks to be performed related to the context or subject of the memo. One should
be clear and specific about this task to avoid any confusion later on.
Summarizing: While memos should be short, some can turn out to be rather long based on
the subject in question. In such cases, a memo should also carry a summary to help the
recipient (or recipients) understand what is required and why.
Discussion: if necessary, one can attach this segment to convey the various ideas that lead
to the reason for this memo and the possible policy behind it.
Closing Segment: This segment should end the memo politely and in a positive note to
help initiate whatever action may be required. It is also important that any needed
attachments supporting the content in the memo be displayed as well
LEGAL MEMORANDUM
A memorandum in a legal sense can refer to a comprehensive and organized written
document that summarizes and analyzes relevant laws based on legal research to support
a conclusion on a particular legal issue. The legal memo is an objective memorandum that
provides you the opportunity to review and research relevant case law, investigate
relevant facts using available resources, analyze those facts under that law, and
impartially assess the potential outcome of a matter. The legal memo is an assignment
that law firm associates are frequently asked to provide to senior attorneys.
A closed legal memo is an assignment where you are given the case law or other primary
law to be used in your writing. Far more challenging is an open legal memo, where you
will need to research and identify the relevant law, investigate and analyze the most
legally significant facts involving a particular client, and provide a critical assessment of
how the court may apply the law to the matter.
Generally, a legal memorandum comprises six sections, with the following information:
1. Heading or caption
A section, titled, “Memorandum,” identifies the recipient (To: _______), the author
(From: ____), the assignment submission date (typically in MMMM DD YYYY format),
and subject of the memo (Re: __________).
2. Question presented
A brief one-sentence statement that defines how the law applies to the legal question at
hand, and the jurisdiction where the matter will be decided. The question presented is
specific and impartial and doesn’t assume a legal conclusion.
3. Brief answer
A quick-hit legal prediction to the question presented, based on a short (four to five
sentences) explanation that references relevant law and facts.
4. Statement of facts
A concise, impartial statement of the facts that captures the heart of the legal matter, as
well as current and past legal proceedings related to the issue. The facts can be
chronological or grouped thematically, whichever format presents the facts in the clearest
manner.
5. Discussion
Restates the main facts and delineates the overarching legal rule. Several paragraphs
outline the various legal topics to be addressed in the case and provide an analysis of the
legal issues, usually ordered in subsections.
6. Conclusion
The assigning attorney will likely read this section first. It predicts how the court will
apply the law, and how confident you are in your prediction based on the data. With an
impartial advisory tone, you identify next steps and propose a legal strategy to proceed.
Appellate Brief
The purpose of writing an appellate brief is different from many other types of writing.
The purpose of paperback fiction is usually to entertain. The purpose of academic
journals and law review articles is usually to edify. The purpose of personal journals is
usually selfexpression. But the purpose of an appellate brief is to persuade the judge that
your client should win. To win, a brief writer must think of a brief differently from other
writing. We do not use the same writing techniques that we would find in a law review
article or fiction. Because the purpose of a brief is to persuade the reader, writing a
successful brief requires understanding the perspective, and the needs, of the reader.
One of the most serious flaws in many appellate briefs is that they are written for the
wrong audience. The two most common wrong audiences are (1) the writer, and (2) the
ideal judge. To understand how judges read our briefs, it is important to place ourselves in
the shoes of real judges and the circumstances in which they typically read briefs. Real
judges want to be able to understand the argument quickly, and they need to quickly
understand the most persuasive reasons why you should win.
In light of the general goals discussed above, this part provides specific advice for each
required section of a court of appeals brief.
1. Cover: the most persuasive cover is a professional cover.
2. Identity of parties and counsel: list all counsel, not just current counsel.
3. Table of contents and index of authorities: make the tables clean; make them right.
4. Statement of the case: include only the information required by the rule.
5. Issues presented: balance the need for brevity with the need for persuasive detail.
6. Statement of facts: avoid argument, but use the opportunity to persuade.
7. Summary of argument: it is not just a summary.
8. Argument: winning with persuasion.
- Lead with the best argument and the best support.
- Use short summaries and topic sentences.
- Organize the argument around effective headers and a logical argument outline.
- Lead with conclusions.
- Weave facts and law: discuss legal rules in the context of the relevant facts and
discuss the facts in the context of relevant law.
- Omit unnecessary arguments, law, facts, and words.
- Instead of using synonyms, repeat important words and phrases.
9. Prayer: consider carefully the relief you request.
10. Appendix: use an appendix only for documents that are required or very important.

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SCHOOL OF LAW

RENAISSANCE UNIVERSTITY, INDORE (M.P)

BASICS OF LEGAL RESEARCH

• Characteristics of scientific method – applicability of scientific

• Concepts and constructs- relationship between theory and fact

Which comes first: the chicken or the egg?

MEANING OF RESEARCH & LEGAL RESEARCH

‘Research’, in simple terms, can be defined as ‘systematic investigation towards

In this context, legal research may be defined as ‘systematic’ finding law on a

a) -William Emory defines Research as "any organised enquiry designed and

b) The new Oxford English Dictionary defines research is "the scientific

The above definitions reveal the following characteristics of Research

\ 1. Research is a systematic and critical investigation into a phenomenon.

3. It adopts scientific method.

4. It is objective & Logical

5. It is based on empirical evidence.

6. Research is directed towards finding answers to questions

7. It emphasis the generalization of theories and principles.

The objectives of Research can be grouped under the following heads

1. To gain familiarity with a phenomenon or to achieve new insights to it.

2. To portray accurately the characteristics of a particular individual situation or a

3. To determine the frequency with which something occurs or with which it is

4. To test a hypothesis or a casual relationship between variables.

5. To ‘know’ and ‘understand’ a phenomenon with a view to formulating the

6. To ‘describe’ accurately a given phenomenon and to test hypotheses about

PURPOSE OF LEGAL RESEARCH

2. Highlighting ambiguities and gaps

3. Determining coherence, stability and consistency

4. Social auditing of law

RESEARCH METHOD & RESEARCH

It is necessary to explain the differences between research methods & research

Research methodology is a way to systematically solve the research problem. It

Research Methodology has many dimensions and research methods do constitute a

1. Descriptive and Analytical Legal Research

2. Applied vs. Fundamental Research

Applied research or action research aims at finding a solution for an immediate

3. Quantitative vs. Qualitative Research

Quantitative research is based on the measurement of quantity or amount. It is

Qualitative research, on the other hand, is concerned with qualitative phenomenon,

Conceptual research is related to some abstract idea(s) or theory. It is generally

CONCEPTS AND CONSTRUCT- RELATIONSHIP BETWEEN THEORY AND

1. Identification and Formulation of a

1. Identifying and formulating a research problem

On the basis of an extensive literature survey, a researcher might re=phrase or

It signifies the structure of the research. It is characterized by a logical systematic

It involves decision making as to the method to be employed to collect the data.

counted or tabulated), and tabulation (arranging data in requisite rows and

It is drawing inferences from the collected data. That can be inductive or

CHECK YOUR PROGRESS

Ques 2- Describe different types of research and explain

Ques 3- Briefly explain the difference between research

Ques 4- What are the objectives of research?

Ques 5- Briefly describe the different steps involved in

Ques 6- What is meant by scientific method? Explain its

RESEARCH PROBLEM, HYPOTHESIS, RESEARCH

Hypothesis – Meaning and definitions, Characteristics,

Research Design – Meaning and essentials of Research

Sampling techniques – definition, basic assumptions, classifications

WHAT IS RESEARCH PROBLEM?