ADVANCED LEGAL RESEARCH

METHODOLOGY: PRACTICE AND

PROCEDURE

By:
Dr. Halima Doma Kutigi
Nasarawa State University

Being:

A Paper Presented at the National Workshop on Legal Research

V

and Legal Writing at the National Judicial Institute on Monday,

5th September, 2022.

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APPRECIATION
It is a great pleasure for me to speak on the Practice and Procedure of
Advanced Legal Research Methodology in this gathering of erudite legal minds.
I would like to express my profound gratitude to the Administrator of the
National Judicial Institute (NJI), Hon. Justice Salisu Garba, OFR, the Secretary
of the Institute, the Directors of Studies and Research, and indeed the entire
workforce of the Institute for making me a part of this important workshop.
To the learned participants attending this workshop, I say, congratulations on
your selection by your various judiciaries to represent them here. You are
employed to work closely with judicial officers in order to assist them in
attaining the ends of justice. This means that your major role is to conduct 'legal
research’, which refers to the task of ascertaining the precise state of the law on
a particular point. A good researcher is not only required to master our laws and
legal system. He must also be very familiar with related issues such as: sources
of legal information, gathering information using effective research tools and
strategies, evaluating information and understanding the legal implications
thereof, and ultimately, harnessing these skills towards speedy and effective
dispensation of justice. This, in a nutshell is what 'research methodology’ is all
about. It is the concept of how research should be done, and it cuts across every
aspect of the research process.
Accordingly, thispaper attempts an overview of important themes in legal
research, such as:objectives of research, methods and methodology, types of
research, sources and tools of legal research, and research design.

1. INTRODUCTION
The Oxford Advanced Learner’s Dictionary of Current English defines
“research” as a careful investigation or enquiry specifically through search for

2
new facts in any branch of knowledge1.
Conducting a research involves assembling information of facts to verify a
proposition or ascertain an assumption. It is an investigation for the
authentication of new theories in order to supplement existing theories by new
information. Research therefore involves identification of a research problem,
the ascertainment of facts, their logical ordering and classification, the use of
inductive and deductive logic to interpret the collected and interpreted facts, and
the arrival of conclusions premised on and supported by the collected
information. An approach becomes systematic when a researcher follows
certain scientific approach. It therefore means that any piece of knowledge that
was merely or accidentally uncovered is not a research.
Arising from the foregoing background, we may define Legal Research as the
process of finding the laws, rules and regulations that govern activities in
human society. It involves ascertaining what the law is on an identified topic or
in the given area as well as the enquiry into law with the view to expanding the
science of law2.

2. OBJECTIVE OF LEGAL RESEARCH

Law does not operate in a vacuum. It has to reflect social values, attitudes and
behavior. All collective human life is directly or indirectly shaped by law, and
in a modem welfare state, law is an effective instrumentality of socio-economic
transformation3. However, societal values and patterns are dynamic and
complex, and the law, being the ‘social engineer’, must follow suit4. It also
follows that there is need to devise a systematic investigation into these aspects
of law which helps in interpreting or validating existing laws, and their social
relevance and challenges (if any). The development of the law will be subjected

l Oxford University Press; 3rd edition (January l, 1980).

2See S N Jain, Legal Research and Methodology, 14 Jroflnd L Inst 487 (1972), at 490.
3A.O. Sanni, Introduction to Legal Methods (Ile-Ife: Obafemi Awolowo. University Press Limited, 2006).
4N.1 above.

3
to archaic assumptions and outdated rules that may be out of tune with those the
laws are supposed to govern if there is no consistent research to evaluate its
operation within a particular socio- legal system.
Finding what the law is in a particular area is not an easy task, because law
touches every aspect of life. There may be several statutes with different
amendments scattered in different volumes. In addition, these statutes and
provisions may be supplemented from time to time by a bulk of rules,
regulations, directives and policy guidelines. There could also be various court
pronouncements either expanding or limiting the applications of these rules by
interpretation. Decisions of Appelate Courts, and the Supreme Court in
particular aptly depict the fluidity of legal doctrine. Sometimes, split decisions
or even conflicting decisions of the court make it difficult to determine how the
next analogous case will be decided. Again with globalization, and the
distruptive power of technology, disputes are becoming more complex than
ever before as there are many emerging legal issues that may have no local
precedent. The researcher must then find the law in other similar jurisdictions5,
and apply creative analysis to the existing case law.
Every research has specific goals or objectives. The objective of any given
research may fall under either of the following broad categories:
1. To identify the legal consequences of specific set of facts.
11. To study the functions of particular legal institutions in a specific
economic, social, and political context.
iii. To ascertain the position of law on a given issue
iv. To highlight ambiguities and inbuilt weaknesses of law
v. To critically examine legal provisions, principles or doctrines with a
view to see consistency, coherence and stability of law and its
underlying policy

5 Ibid.

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 vi. To undertake social audit of law with a view to highlighting its impact
in order to make suggestions for improvements.
Notwithstanding the set objective of a specific research, the primary aim of
conducting any legal research is finding the answer to a legal question in the
most time effective way and knowing that you have searched in all the relevant
sources. However, being aware of the existence of specific source materials in
law does not mean anything unless they are used and their use is maximized
thus, skill, technique and a well grounded familiarity with research tools
compose the art of legal research.

3. RESEARCH METHODOLOGY
Research is an endeavor to discover answers to intellectual and practical
problems through the application of scientific method. The process includes
articulating the problems, formulating a suitable hypothesis, collecting the facts
or data in the area of problems selected, analyzing the facts and data so
collected, with an intention of reaching certain conclusion in the form of
solution towards the concerned problems or certain generalization for some
theoretical formulation,
The term ‘Research methodology’ refers to the
systematic approach/procedure to the methods used to solve a research problem
and to reach a new conclusion. It is the broad framework within which a
particular research is undertaken.
This term is often confused with ‘research method’, which refers to the tools
and techniques used by researchers to generate and analyze data. Usually, it is
the subject matter of research that determines the method to be used in a
research.6

6Lecture Notes on Legal Research Methodology and Project Writing (JIL 447) NOUN
<https://nou.edu.ng/coursewarecontent/JIL447.pdP>accessed 23 August 2022

5
A simple analogy is in building a house. Research methods are the tools in the
carpenter's toolbox; while Research methodology is the construction plan. In
bringing out the correlation between research methods and research
methodology, C.R. Kothariobserved:
Research methodology has many dimensions and research
methods do constitute a part of the 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 consider the logic
behind the methods we use in the context of our research study
and explain why we are using a particular method or technique
and 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 identified, in what way and why the
hypothesis has been formulated, what data have been collected
and what particular method has been adopted, why particular
technique of analysing data has been used and a host of similar
other questions are usually answered when we talk of research
methodology concerning a research problem or study7.

Thus, research methods form an integral part of the research methodology and
as procedural rules, they fit themselves within the broad framework of research
methodology.
3.1 Approaches to Legal Research
Research methodology could be doctrinal; non-doctrinal; or comparative.
Doctrinal research (also called "black letter", or ‘desk’ research ), focuses on the
letter of the law rather than the law in action. Using this method, a researcher
composes a descriptive and detailed analysis of legal rules found in primary and
secondary sources. The purpose of this method is to gather, organize, and
describe the law; provide commentary on the sources used; then, identify and
describe the underlying theme or system and how each source of law is

7 C.R. Kothari, Research Methodology: Methods and Techniques (New Age International Publishers, New
Delhi, 2nd ed„ 2001, Reprint 2007).

6
connected.The researcher must also identify ambiguities and criticisms of the
law, and offer solutions. Sources of data in doctrinal research include the
rule/law itself, cases generated under the rule, legislative history where
applicable, and commentaries and literature on the rule.
On the other hand, non-doctrinal research (also known as empirical or social-
legal research), is research that employs methods taken from other disciplines to
generate empirical data that answers research questions. Non-doctrinal research
is used to study institutions, rules, procedures, and personnel of the law, with a
view to understanding how they operate and what effects they have. It makes
use of direct methods rather than secondary sources, and this helps you to arrive
at more valid conclusions.
Comparative Legal Research involves a comparison of legal doctrines,
legislations, and foreign laws. It highlights the cultural and social character of
law and how it acts in different settings. So it is useful in developing, amending,
and modifying the law.

3.2 Types of Legal Research

Depending on the goal and subject matter of research, specific types of legal
research are imperative for certain puiposes. The basic types of research are:
Descriptive and Analytical Research; Applied and Fundamental Research;
Quantitative and Qualitative Research, and; Conceptual and Empirical
o
Research . Each one of these is briefly discussed.
i. Descriptive vs. Analytical Research
Descriptive research, as its name suggests, describes the state of affairs as it
exists at present. It merely describes the phenomenon or situation under study
and its characteristics. It reports only what has happened or what is happening.
It therefore does not go into the causes of the phenomenon or situation. The

8 N.6

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methods commonly used in descriptive research are survey methods of all
kinds, including comparative and co- relational methods, and fact-finding
enquiries of different kinds. Thus, descriptive research cannot be used for
creating causal relationship between variables. While in analytical research, the
researcher uses his facts or information already available and makes their
analysis to make a critical evaluation of the material.
u. 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. The central
aim of applied research is to discover a solution for some pressing 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.
in. 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. 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. For example,
when a researcher is interested in investigating the reasons forcertain human
behaviour, say why people steal, his research becomes qualitative

8
research.Unlike quantitative research, qualitative research relies on reason
behind various aspects of behaviour.
iv. 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 research, it is necessary to get facts first-hand, 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.

4. LOCATING LEGAL DATA/INFORMATION

In the past, legal research was only conducted in law libraries; but this is not the
practice today, for a variety of reasons. One is that besides litigants and
professionals working in law-related fields, many other people are now in need
of legal information. For example, one might need instructions on how to
file simple legal documents without the help of a lawyer. But the biggest
explanation for the shift in how research is conducted is the advent of the
Internet. The Internet allows us to find information on all kinds of legal topics,
without the hassle of going out to a physical law library. If you’re trying to
figure out the rules for incorporating a business, you can most certainly find
instruction on the Internet. The same is true if you want to read the Supreme
Court’s latest opinion on a particular topic. There are so many things you can
find within minutes—but you have to know where to look to conduct legal
research. Here, we’U consider several options.
• Traditional Law Libraries

9
Despite the influence of technology, law libraries remain an excellent resource
for the legal researcher. For one thing, they usually have a lot of legal books and
resources that aren’t available on the Internet, or at least not without paying
fees. Additionally, trained Librarians and other staff are available in traditional
libraries to guide researchers, where necessary. Furthermore, you may be able
access very expensive databases of legal resources (such as LexisNexis;
Westlaw; Justor; HeinOnline; Law Pavillion; Legapaedia etc) through the
Electronic library(E-library)9. Several law sites also provide free legal
information, such as: FindLaw ;VersusLaw ; FastCase ; LoislawConnect; etc10'
• The Internet
With the advent of computers making the availability of information to one and
all equipped with necessary hardware connected to the internet, Computer-
assisted legal research (CALR) has changed the access to and understanding of
the legal concepts11 The Internet is useful at every stage of research: when
you’re trying to get general information about a topic, when you’re looking for
specific legal sources, and when you’re trying to figure out what to do with the
information you have uncovered.
Using the internet for research has many advantages:it makes research easy and
fast; offers a wide variety of legal information; gives access to less popular legal
ideas; offers up to date legal information; and can be interactive. On the other
hand, the disadvantages associated with using the internet for research is the
risk of error and inaccuracy in some materials. Therefore it is best to avoid
using crowdsourced websites like Wikipedia and blogs as principal sources.
Besides the library and the internet, information can be accessed directly from

9 Ibid,p.215.
10 Nowadays, almost all law faculties and other institutions around the world dedicated websites which provide
a wide array of resources and other useful services.
11CALR has also immensely helped legal researchers in remaining updated with the latest information in the
legal universe, which was impossible without computers equipped with internet and when legal researchers
relied only on law reports and journals available in the library. Apart from being pivotal in doctrinal research,
computers have also proved superior in processing data collected from empirical legal research and studies.

10
law related organizations such as courts, law offices, law based institutions12
and other conventional institutions relevant to the subject matter of research .

5. RESOURCES USED FOR LEGAL RESEARCH

In the process of ascertaining the state of the law on a particular issue, a
researcher has to choose which materials to use. Generally, legal sources can be
broken down into two categories: primary and secondary sources13, although
some authors consider index or finding tools as a third category.
5.1 Primary Sources
The sources that contain original information and observations are known as
primary sources of information. The law found in primary sources can take
many different forms. They include cases, statutes, administrative regulations,
local ordinances, state and federal Constitutions, and more14.
Primary sources are often more difficult to read and digest than secondary
sources, but it is unwise to rely solely on secondary sources. This is because
laws can quickly change as courts issue new decisions or the legislature passes
new laws. You won’t always see these changes reflected in secondary sources.
On the other hand, looking at primary sources is the quickest way to get the
most up-to-date information.
Another reason to rely more on primary sources is that it is more detailed and
specific than secondary source. For example, assuming your dog broke through
the fence and bit a neighbor who was stealing some items from your yard, you
would want to know whether you are liable for the neighbor’s injuries given

12 eg the Nigerian Institute of Advanced Legal Studies, the National Judicial Institute, and the Nigerian Institute
for Legislative Studies have a rich collection of research materials for legal research.
13Niki Tobi, Sources of Nigerian law (MIJ, Lagos, 1996). Tobi thus identifies the sources of Nigerian Law as:
the Nigerian Constitution; Customary Laws that have been in existence from ancient time; Islamic Law that is
universally applicable among Muslims; and Received English Law brought into the country by the British
colonialists. Other sources include International Law, Case Law, and Legislation.
14Yusuf Aboki, Introduction to Legal Research Methodology: A Guide for Writing Long Essays, Theses,
Dissertation and Articles (Tamaza Printing Co. 2001).

11
that the dog was fenced in and it was not intentionally released; and that the
neighbor was trespassing on your property. You may find a secondary source
that explains your liability when your dog bites someone, or your responsibility
to a trespasser injured on your property. But by looking at primary sources, you
might find a case or series of cases with very similar facts to the situation you’re
in, helping to put these two legal issues together into one. This will allow you to
see how a court may apply the law to the facts of your case.
Finally, primary sources are very important because courts give them
much more weight than they do secondary sources. Secondary sources only tell
courts what legal scholars say about a legal principle, and courts want to see the
actual source of the law itself. If the court is required to follow the primaiy
source—for example, because it was issued by a higher court in the same
jurisdiction—the court will certainly want to see it in original form.
It is important to use primary sources when you’re trying to put together a
document or an argument that carries legal weight. As we’ve explained, courts
attach greater importance to primary sources than secondary sources. It’s also
very important to use primary sources when you want to know exactly what the
law says. Secondary sources may explain the law, but they won’t be able to give
you the full detail of what is actually there. Although reading primaiy sources of
law can be difficult, it is very important to do it if you really want to understand
the details.

5.2 Secondary Sources

While primary sources are the texts of laws themselves, secondary sources
are documents that interpret or discuss the primary sources 15. This may include
textbooks, journals, newspaper articles, online posts, dictionaries,

15 Ibid.

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encyclopedias16, etc. The depth of treatment you get from any given secondary
sources can vary a great deal. Some secondary sources are very detailed and
very helpful, while others may provide only a broad, general overview of a
topic. Hence, finding the appropriate secondary source will depend, largely on
what stage you are in your research. At the beginning, you may need only
enough information to get basic foundation of your research topic. But as your
research progresses, you may want to find secondary sources that provide much
more specific treatment of your legal issue.
Secondary sources are a logical place to start when you do not know
anything about the topic you are researching. A secondary source can often
explain the basic concepts you’ll encounter in primary sources, making it easier
to read them. It will also often cite some primary sources, thus helping to
deepen and expand your research17'

5.3 Evaluation of the Sources

All of these published legal materials can appear in more than one format,
including printed books, electronic databases, digital images, microforms,
compact disks (CD-ROMs and DVDs), videos, and audiocassettes. Also, many

16 Widely used legal encyclopedia are: Encyclopedia Britannica (published by Encyclopedia Britannica Inc,
London); andHalsbwy's Statutes of England and Wales (Butterworths, London), which gives detailed and up­
do-date account of statutes and of law on a particular subject. Other useful encyclopedias are: kAn Encyclopedia
of Definitions and Interpretations of Legally Significant Words and Phrases' (published by St Paul, Minn. West
Publishing Co, USA), Words and Phrases (a multi-volume series, which gives an judicial constructions,
definitions of words and phrases by the State and Federal Courts from 1658 to date, is published by St Paul,
Minn. West Publishing Co., USA), International Encyclopedia of Laws (a loose- leaf service edited by R
Blanpain and published in 1999 by Kluwer Law International, The Hague, The Netherlands). Some specialized
encyclopedias devoted to a particular area/subject are also available. For example, see Encyclopedia of Human
Rights (edited by Edward Lawson and published in 1991 by Taylor and Francis, Inc, New York), Encyclopedia
of Crime and Justice (complied by Sanford H Kadish and published in 1983 by the Free Press, New York).
There are also a few acclaimed general encyclopedias that are usable in legal research.
17Secondaiy sources are also useful when you want to learn how things are generally done, or how they are
done in other states. Many national secondary sources give a broad overview of the law, which can vary from
place to place. This can be helpful when you’re trying to learn the basics ot how the law works, or when you
need to compare how different jurisdictions handle the same issue (for instance, while conducting legal research
for an academic paper).

13
 resources contain more than one type of information and serve more than one
function18.
An understanding of how legal materials are structured and organized
(regardless of the media in which they are published) is necessary to effective
legal research. Thus, when inspecting and evaluating legal resources, it is
important to determine and understand the purposes the resources were
designed to serve. An awareness of the functions, features, interrelationships,
strengths, and weaknesses of resources, whether they are traditional paper
resources or electronic resources, is valuable for effectively conducting legal
research. Specifically, it is important for the researcher to know: whether the
resource is part of a set or designed to be used with other resources, whether the
resource has finding tools or special features such as indexes and tables,
whether the text is searchable electronically, whether the resource is up to date,
etc. Furthermore, the credibility of the author, editor, or publisher should be
considered, together with the types of authority (primary and secondary)
included and the potential persuasiveness of the authority. Notably, with the
expansion of resources available in the internet, evaluating the resources for
accuracy, credibility, and currency is increasingly important.
6. STEPS/STAGES OF THE RESEARCH
Generally, legal research encompasses four major steps: Identifying the
problem/research question, collecting data, analysing the data, and presenting
the answer to research problem through a report. This would also apply when
you are researching statutory law; or case law.
The steps involved in conducting legal research are as follows:
i. Identifying the research problem/question:This also entails having a draft
of the contents of the research.
ii. Collecting materials/data: you need to collect as many materials as

18 For example, some electronic resources and looseleaf services include both primary authority and secondary
materials: they are, at the same time, designed to be Finding tools.

14
 possible and classify them in the order of importance to your work
iii. Reading the materials: This requires a thorough reading of the materials
and keeping a research journal in which you record any relevant information
you have found, taking note of the full citation of the materials to avoid
plagiarism. This is important because it is easy to get overwhelmed and miss
the citation of a material in your paper, and if that happens, you run the risk
of deleting that portion for fear of plagiarism. This act may have a serious
implication for the entire work because it may affect the flow of the work.
By contrast, when you jot down what you have read, it will be easier to trace
it when you need to put the citation.
iv. Analysis/Application of law to facts: Legal analysis is sometimes
considered the most important part of the legal research process.Analyzing
the law involves applying the relevant legal principles to the issue/s in an
effort to achieve a favorable outcome.In carrying out legal analysis, one
must compare, contrast, and synthesize relevant cases (distinguishing certain
cases from the present facts and applying certain cases as precedents).It is
also important to review the ideas relevant to the research and other
scholarly works on the subject matter. A research assistant should be able to
read and interpret statues, and apply the law (as he understands it), to the
facts of the case. Furthermore, he should assist his principal in evaluating
and making findings out of the facts of the case and even go further to make
honest and confidential recommendations to his principal19'
v. Writing the Report : Your findings at the end of the analysis must cause
you to arrive at a conclusion which must be communicated20. Legal writing
is different from other forms of writing. It places heavy reliance on

19It should be noted that such suggestions are only advisory as the researcher simply works behind the scene
while the whole judicial responsibility is on him (the judicial officer) and not shared with any other person or
authority.
20 Depending on the context of your research, as research assistants to judges, your findings may be
communicated verbally in court, in a written opinion explaining the law on the research issue. Regardless of the
context, proper communication of your conclusion requires solid advocacy and writing skills.

15
 authorities to back up assertions; and the use of specialized words and
phrases unique to law such as latin phrases and maxims. It is important for
the researcher to have a critical mind when writing. When writing, the
doctrine of the fresh eye is important because it allows you to look at the
work with fresh eyes in order to do away with illogical arguments,
grammatical errors,- and even latent defects in spelling. Furthermore, when
you are writing, do not use only works that support your position. It is
beneficial to also use works that contain opposing views. However when you
use the latter, endeavor to counter such views in order to have a balanced
argument.
7. CONCLUSION
Globally, there has been a remarkable upsurge of interest by other disciplines in
the study of law, and a push for advancing more emperical/socio-legal research.
Although legal research in Nigeria is still limited in scope and its effect , the
importance of legal research persists, and the system of conducting research is
constantly evolving. It is however clear that a robust understanding of current
trends in legal research play a vital role in enhancing justice administration
particularly in terms of ease of locating materials, speed of conducting research,
quality of the research, and ultimately, quality of the judgements pronounced by
the courts. Therefore, any researcher who aspires to be proficient must prepare
himself through diligence and practice.
I thank you for listening.

21 for various reasons such as lack of infrastructure, lack of awareness and interest by institutions in legal
research.

16