Chanderprabhu Jain College of Higher Studies

&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

E-NOTES

CLASS & SECTION: LLM-1 Semester

SUBJECT CODE: GEN-101
SUBJECT NAME: Research Methods and Legal Writing

UNIT- 1I
Topic 1 – Identification & Formulation of Research Problem
Selection of research problem
i. We are aware that the goal of Legal research is to improve the level of living in the
society. Society in general is plagued by several problems which need to be studied
for finding a solution.
ii. The most urgent of them need the attention of the researchers.
iii. It is thus selection of research problem has high value to the society and the
researcher mustbe able to identify those problems that need an urgent solution.
iv. Choosing a correct problem for study is a difficult exercise, as it depends on the
time, effortand commitment on the part of the scholar.

How a problem originates

Basically, Legal research problem originates from the following three sources
 Contemporary interest
 own interest
 gaps in the field

Literature survey and experiential survey

The process of focusing a research question requires a knowledge of the field, an

understanding of
previous research, an awareness of research gaps and knowledge of how other research in the
area hasbeen conducted.
The literature review is a major component of the research. It is an analysis of relevant

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

publications that help set the context for and define the research topic. The literature review
starts with the selection of a problem for research continues Through the various stages of the
research process and ends with report writing. The task of locating previous research on a topic
has been made much simpler and faster with widespread access to the internet and the
availability of electronic data bases, electronic journals, online journals and sophisticated
search engines. The internet is useful in providing access to many types of information.
Need to survey literature

 The main purpose of the survey of literature is to indicate the problems that are
already investigated and those that need further investigation.
 A critical reading of relevant literature becomes indispensable not only in locating the
research problem but also in analyzing the procedure. Ideas are generated only through
thisprocess of reading and re-reading he works done in the chosen field.
 A high degree of reading ability contributes to comprehension of facts which are useful
in a consideration of the problem taken up for the study.
 This would help the researcher to know how the same are conducted, the
methodologyemployed, issues covered and prescriptions suggested.
 In order to gain maximum benefit out of this exercise of surveying the literature one
has toconsider the following points:
 Reading relevant literature
 Reforming original works
 Reading with comprehension
 Reading in time
 Indexing the literature

Reviews require a critical understanding of the literature that demonstrates the higher
order intellectual skills of analyzing, evaluating and creating. Use both internet and library if
possible. Be selective about information on the internet by using only formally published
material. Abstracting is

a key intellectual skill for analysis and synthesis of key concepts. Set up the word processing
package or word processer in a Common format for all assignments Avoid plagiarism that is
plagiarism is cheating, as is coping research papers from the internet. Academics take
intellectual honesty very seriously indeed. Give due acknowledgement by coping material

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

from other scholarly work with citation.

Academic experience like classroom lectures, discussions seminar discussions and out
–of- class exchanges of ideas with fellow students, scholars, experts and professors will
provide many stimulating ideas to be studied. Daily experiences, Field visits, internship
training and extension work will also provide exposure to practical problems which call for
study and such experiences help the investigator to develop new ideas about a problem.
Formulating the problem

 Besides selection equally important in its formulation. A research scholar should take
everycare in formulating the problem without any scope for ambiguity.
 The type of the statement to be employed depends on the preferences of the scholar
and thenature of the problem. The problem may also be formatted in the form of a
few statements.
 There are two ways in studying a problem:
(i) posing questions and
(ii) Making statements

An effective problem formulation involves the following-

 Definition of the problem

 Scope for the problem
 Justification for the problem
 Feasibility of a problem
 Originating of the problem

Criteria of a good research problem

 Clear and unambiguous: There must be a perfect clarity in the problem taken up for
study. Itshould not give scope for divergent expressions and thus become confusing.
 Logical and systematic: The researcher must be able to establish relationships Ina
logical manner and they should not look disjointed Similarly, the problem must be
amenable for study in a specified step or in a specified sequence, in accordance with
the well-defined set of rules and methods.
 Empirical: Research is always related to one or more aspects of real situation and

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

hence deals with concrete data that provides a basis for external validity to research
results. Therefore, theproblem should be such as to take realities into considerations. It
is only through this processthat knowledge gets accumulated and society is benefited.
 Relation between variables: the problem selected for study should express a relation
between the variables contained in the study. The problem under study must be in a
position to highlight th nature, extent and implications of such relation existing among
variables of the study. It is through this process of establishing effective relation
between variables that meaning conclusions are derived from the study.
 Verifiable: though results of the research studies in Legal Legals cannot be
reproduced, the problem chosen for study should not look absud. It should be
undertaken with an intension tomake the study useful and replicable.
 Management: the scope of the study depends on the purpose in mind. Normally,
research studies are undertaken by the students for securing different degrees like
M.A., M.Phil, Ph.D. Now the students are required to select such a topic which should
be within his reach and yet fulfill the basic requirements of a study at the specified
level.
 Interesting: the problem to be studied must be interesting to the student and also to the
people working in that field. Unless the problem is interesting, the candidate may lose
interest in the middle. The cooperation of the respondents also varies depending how
you can make your problem interesting to them. Some studies by nature evoke a lot of
curiously among the researchers and respondents alike.

Topic 2 - Hypothesis and Research Design (Characteristics and contents)

Hypotheses

 Once the selection, formulation and definition of the problem have been
accomplished, the derivation of hypotheses is the most important step in the research
process.
 It is usually considered as the principal instrument in research.
 “A hypothesis is a tentative generalization, the validity of which remains to be
tested in its most demeatary stage, the hypothesis may be a mere hunch guess
imaginative data, which becomes the basis s for action investigation” - George a
Lund Berg
 “A proposition which can be put to test to determinate validity” -Goode and Hatt

 The hypothesis is a powerful tool in research process to achieve dependable knowledge.

 It helps the researcher to relate theory to observation and observation to theory.

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

Importance of the hypotheses

 Hypotheses facilitate the extension of knowledge in an area

 Hypothesis provides the researcher with rational statements
 Hypothesis provides direction o the research
 Hypothesis provide basis for exporting the conclusions for the study

Formulation of the hypotheses

 Hypotheses are the products of considerable speculation and imaginative guess work.
 They are based partly on known facts and explanations and partly conceptual.
 There are certain necessary conditions which are conducive to their formulation.
 Richness of background knowledge
 Versatility of intellect
 Analogy and other practices

Criteria of useable hypotheses

 Hypotheses should be clearly ad precisely stated.

 Hypotheses should be testable
 Hypotheses should state the expected relationship between variables
 Hypotheses should be limited on scope
 Hypotheses should be stated as far as possible in simple terms
 The hypotheses selected should be amenable to testing within a reasonable time

Characteristics of hypotheses

 It should be conceptually clear, specific and well designed

 It should be available to techniques and capable of being varied
 It should be capable of empirical test
 It should not be mere a judgment
 It should be simple and to the point

Types of hypotheses

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

 Descriptive hypothesis: It describes the characteristics of a variable.

 Relational hypothesis: It describes the relationship between the variables.
 Casual hypothesis: It describes the causal relationship between the variables.
 Working hypothesis: Hypotheses which are subject to modification as the
investigation proceeds.
 Null hypothesis: They state that no difference exists between the parameter and
statistic beingcompared to it.
 Statistical hypothesis: These are statements about a statistical population. These are
quantitative in nature in that they are numerically measurable.
 Commonsense hypothesis: It represents the commonsense ideas. They state the
existence of empirical uniformities perceived through day to day observation.
 Complex hypothesis: It aim s at testing the existence of logically derived relationship
betweenempirical uniformities.
 Analytical hypothesis: these are concerned with the relationship of analytic
variables. These hypotheses occur at the highest level of abstraction. It also specifies
the relationship betweenchanges in one variable and changes in another.

Research design

 Research design is the basic framework which provides guidelines for the rest of
researchprocess.
 “Research design constitute the blue print for the collection, measurement and
analysis ofdata” – Bernard S Philips.
 “Research design as the logical and systematic planning and directing a piece of
research” –Pauline and Young
 “Research design is the plan, structure and strategy of investigation conceived,
so as toobtain answers to research questions and to control variants” – Fred N
Kerlinger

Need for a research design

 It facilitates the smooth sailing of the various research operations
 It gives maximum information with minimum expenditure of effort, time and money
 It stands for advance planning of the methods to be adopted for collecting
data andtechniques to be used for analysis
 It has a great bearing on the reliability of the results arrived at

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

 It minimizes the bias and maximizes the reliability of the data collected and analyzed

Features of good research design

 Flexible
 Appropriate
 Efficient
 Economical
 Reliable
 Suitable to the context

Different research design

 Based on fundamental objectives or purposes it has been classified into two types:
1. Exploratory research,
2. Conclusive research

 Each of these two general types of research can be subdivided as follows:

1. Exploratory research 2. Conclusive research

a. search of secondary data a. Descriptive research

b. survey of knowledgeable I. case study

c. case study II. Statistical study

b. Experimentation

Few others have classified the type of research study into the following four.

1. Exploratory or formulative study: exploratory or formulative studies are those which

aim at gaining familiarity with a phenomenon or which aim at achieving insights into the
phenomenon or studies which deal with formulation of a more precise research problem
or developing a hypothesis. The major emphasis of such studies is on the discovery of
ideas andinsights. It basically deals with exploring the Ideas and facts which are new.
This is the primary and first research done on that Particular problem which provides

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

the first hand or new knowledge or discovering something new regarding to the study or
problem. In general, exploratory research is meaningful in any situation in which the
researcher does not have enough understanding to proceed with the research project.

2. Descriptive and Diagnostic studies: a study which wants to portray the characteristics
of a group or individual or situation is known as descriptive study. Under descriptive
study the researcher should specify the objectives with sufficient precision to
ensure that the data

collected are relevant. Researcher can adopt both primary and secondary sources of data
for this study. In descriptive studies, hypotheses are generally formulated on the basis of
existing data. The main objective of descriptive study is to acquire knowledge.
Descriptive studies are mainly probe into such areas where there is research gap.

3. Diagnostic study: a study which wants to determine the frequency of occurrence of an

event of its association with something else is known as diagnostic study. It is concerned
with an existing problem and its basic nature and cause. The aim of this study is to obtain
complete and accurate information. It also deals with the detailed or in depth knowledge
of each and every aspect of the problem.

4. Experimental study or hypothesis-testing research studies: Experimental studies are

mainly designed to find out the cause and effect relationships of the phenomenon under
study, or the researcher tests the hypothesis of causal relationships between the
variables. The experimental designs are used in researches relating to the phenomena of
several disciplines. The experimental designs originated in the context of agricultural
operations. The beginning of suchdesigns was made by Professor R.A. Fisher when he
was working at Centre of Agricultural

Research in England. The principle of replications, the principle of randomizations and

the principle of local control are the three main principles of experimentaldesigns given
by Prof. Fisher.

Research design is needed because it facilitates the smooth sailing of the various
research operations, thereby making research as efficient as possible. Yielding maximum

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

information with minimum expenditure of effort, time and money.

Topic 3 - Database for Legal Research

Meaning and importance of data
Data and facts and other relevant materials, past and present, serving as bases for study and
analyses. Data are the facts and figures collected for statistical investigation.
There are two types of data:
1. Primary data,
2. Secondary data (desk research)

Method of Collecting primary data

a. Observation method
b. Interview method
c. Local correspondences
d. Questionnaire and schedule method

Sources of secondary data

1. Personal sources: auto-biography, life history, diaries, letters, memoirs
2. Public source: (i) Published source – books, journals, reports, newspapers etc.
(ii) Unpublished source
1. Observation
2. Interview
3. Socio-metric techniques
4. Psychological test

Types of data

 Quantitative data:
It applies various scales of measurement. The experiences of people are fit into
standardized responses to which numerical values are attached.
 Qualitative data:
They are verbal or other symbolic materials. The responses to open ended questions
of a questionnaire or a schedule, firsthand information from people about their experiences,

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

ideas, beliefs, etc. and selected from content or accepts from documents, case history,
personal diaries,and letters are other examples of qualitative data.

Importance of data
 It serves as the bases or raw materials for analysis
 It provides correct answers for analysis
 It serves the basis for testing the hypothesis
 It helps for constructing measurement scales and tables
 It determines the quality of the findings of the study

Sources of data
A significant and distinctive stage of research in any science is the collection of necessary
information to prove their hypothesis. For this purpose, the researcher should look to diverse
sources which provide the necessary information. The sources of information are generally
classified as primary and secondary, while P.V. Young feels that sources of data can be
divided documentary and field sources.
There are two sources of data:
1. Primary sources (primary data)
2. Secondary sources-desk research (secondary data)
The primary data are those which are collected afresh and for the first time, and thus happen
to be original in character or information collected or generated by the researcher for the
purpose ofthe project immediately at hand.
Advantages of primary data
a. Primary data are the first –hand account of the situation.
b. There is a greater scope for reliability of the information.
c. Primary data are the logical starting point for research in several disciplines.
d. Primary data are the only source to understand one’s opinions, personal
qualities,attitudes, etc.
Secondary sources of data
 The secondary data are those which have already been collected by someone else and
whichhave already been passed through the statistical process. Secondary data refer to
the information that have been collected by someone other than researcher for
purposes other than those involved in the research project at hand. Books, journals,
manuscripts, diaries, letters, etc., all become secondary sources of data as they are
written or compiled for a separate purpose.

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)

 As a matter of fact, the difference between primary and secondary sources is a matter
of relativity. Data which are primary in the hands of one, becomes secondary in the
hands of theother.
Advantages of secondary data.
a. It saves time, energy and money
b. It provides information that may not be secured by the individual researcher.

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