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ELEMENTS OF LEGAL RESEARCH

ELEMENTS OF LEGAL RESEARCH. Teaching: Tools of Research 3.10.2011 WELCOME K.L.E COLLEGE OF LAW BANGALORE. ELEMENTS OF LEGAL RESEARCH. The study of law is closely connected with legal research, which is necessary to give it a proper direction.

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ELEMENTS OF LEGAL RESEARCH

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  1. ELEMENTS OF LEGAL RESEARCH Teaching: Tools of Research 3.10.2011 WELCOME K.L.E COLLEGE OF LAW BANGALORE

  2. ELEMENTS OF LEGAL RESEARCH The study of law is closely connected with legal research, which is necessary to give it a proper direction. Sound proposition and arguments cannot be constructed without legal research. It is , therefore, equally indispensable for students of law, lawyers, judges, and scholars who specialise in legal research

  3. TOOLS OF RESEARCH • Use of law library • Observation • Questionnaire • Interview • survey • Sampling • Case study • Participation

  4. Training Law students What do we train law students for ? We train law students to be universal men. Lawyer is regarded in the community as a man of judgment and wisdom, trained in the “straight thinking” and who solves the problems after “through investigation and Preparation”.

  5. NEEDS OF A LAW PRACTITIONER What the practitioner needs is a grasp of general legal principles, a sound knowledge of Law practice and procedure, an ability to argue, and a general knowledge of where to find the law he /she wants. He should be aware of his/her goals and his/her Methods Legal education is essentially self-education; the principal teaching task of Law schools is to guide self–development. Methods are the tools of Professional self development .

  6. TEACHER-NOT A DATA BANK What student will learn in Law school is not information in the usual sense, not a set of repeatable propositions, but how to do something. Law teacher’s primary aim is not to transmit information to the student of law but to help him/her learn how to do what it is that lawyer do with the problems that come to them.

  7. Teaching - Learning Process Learning on the part of the student is the ultimate objective of teaching and not learnedness on the part of the teacher. Guide lines 1. Less Rule learning 2. Less reliance on case method ( Requires students to study volumes) 3. More reading in advanced courses 4. More-in-depth student participation in problem –solving 5. More student control over learning process 6. More diversity in Learning groups 7. More concern with student writing skills 8. De-emphasis of grades/Marks

  8. Learning Task Learning task should be conceived in the four basic steps 1. Initial guidance 2. Task performance 3. Feedback on performance, and 4. Assimilation of Feedback Each task will involve the three dimensions of task performance-’Activity’ ‘subject matter’ and ‘purpose’

  9. METHODS OF TEACHING 1.LECTURE 2. PROBLEM solving 4.CASE-LAW METHOD 5. DISCUSSION 4. SEMINAR 5.CO-OPERATIVE 7. CLINICAL 8.Collaborative learning- The Group method of learning

  10. Teaching Models i. Functional Model-Expansion of problem solving ii. Socratic Model- Learning by doing iii. Real Life exposure-Placement/Internship iv. Simulation Exercises-Learningskills by performing v. Self study- Reading courses-student study himself vi. Team teaching-Planned activity- Requires Complete Understanding between teachers in the team There should be a basic mix of teaching methods. There should be a deliberate shift from one method to other method.

  11. LECTURE METHOD Most popular method Lecturing and assigning problems based on decided case laws. But this method-even with illustrations-frustrating and sometimes boring both faculty and students. Teaching Tools/Techniques of legal research through lecture method suffers from same disadvantages as would teaching ‘swimming’ by lecturing

  12. Other methods of teaching Law 2.PROBLEM SOLVING 3.CASE-LAW METHOD 4. DISCUSSION 5. SEMINAR 6.CO-OPERATIVE 7. CLINICAL……..

  13. Collaborative learning-The Group method of learning A small group of students who together analyse a ‘case law’ would reach more accurate results than students who individually analyzed one.-HYPOTHESIS The group method of learning-Collaborative learning-can be used to teach virtually any subject. ‘Collaborative learning’ is particularly helpful in teaching manual legal research. This innovative yet simple technique can both spark student interest and enable students to develop strong legal research skills.

  14. Collaborative learning- The value of integrating legal research with another skills course such as ‘Interviewing’ and ‘counseling’ enhances the potential of collaborative learning. If the group research could be undertaken during class time under the direct supervision of the faculty, the students would be less intimidated by manual research tools and would be better prepared to work on their own.

  15. 8. Collaborative learning- THREE STEP METHOD • THE STUDENTS READ ABOUT THE TOOL 2. THE FACULTY DISCUSS THE TOOL IN CLASS; & 3.Immediately following the discussion, students to go to the library to work in groups in the presence of the faculty.- This step departs from standard practice

  16. Learning theory and skills To learn how to conduct legal research or to learn how to swim one must practice the skill. If the Faculty points out strengths and weakness while students practice, students learn faster and better Learning theory supports the proposition that at some point students must be taken out of the lecture hall and on to the swimming pool-Library, court, etc., for experiential learning.

  17. LEARNING THE SKILL Reading, Listening, observing a model, and discussing the skill in class are only intermediate steps toward learning the skill. By observing a model carefully, one can attempt to transfer its attributes to one’s behaviour.- At some point, the student who has studied and observed the skilled model performer must… try to imitate the response of the model

  18. Effective learning Students need feedback and reinforcement to learn most effectively By rewarding desirable responses as students practice, the faculty considerably advances the learning process Students learn best if they receive feedback and reinforcement immediately after they study and practice the task. The teaching method must enable students to progress from passive observers to competent actors

  19. COLLABORATIVE LEARNING- EXPEPERIMENTAL PROCEDURE Lecture approach is to be retained while collaborative learning is exercised to sharpen student interest and to help students build stronger research skills. • Collaborative learning groups enables students to practice conducting legal research in a structured setting that provides interaction, feedback, and reinforcement

  20. INSIDE THE CLASS At least a week before next assemblage of the class ,students are to be assigned readings on a particular research Tool. Each student has to be assigned to a group of three/five students During the first twenty-five minutes of class, the faculty has to discuss the tool with the students, illustrating among other things, precise research paths.

  21. Research paths Research paths are the typical means of entering the source, such as • The index path • The topical path (textual volume for a specific topic) • The table of case; • The table of statutes path Aside from using the typical research paths, students are to be encouraged to use cross-reference from other sources to find relevant entries.

  22. Student groups inside the Library The groups then have to get into the Library for the remaining 20-25 minutes to research the problem The Faculty shall stay themselves next to the assigned tool , and are accessible for questions while students were using the tool inside the Library Before the period ends, one member from each group has to check in with the faculty who briefly reviews the group progress

  23. Legal research exercise books The Problems have to be drawn from legal research exercise books 1. J.MyronJacobstein & Roy M. Mersky, Fundamental of Legal research(3rd ed) 2. Legal research illustrated-3rd ed Assignments, Mineola, N.Y., 1985 3. Fundamental of Legal research-Mineola., N.Y., 1987 4. Harry Bitner, Shirley R, Bysiewicz & Williams C. Mathews Jr-Problems for effective legal research, 5th ed, Boston, 1979

  24. Legal research exercise i. Consumer-Dealer survey ii. Journal content Index A.I.R. / I.B.R / Jr .I.L.I iii Subject wise NEWS paper cuttings iv. Writing of response to current news. v. Socio-Legal Research survey in Gram panchayats vi. Content Index to Articles • Writing Article for Legal Literacy programme viii. Case comments on a particular topic ix. Questionnaire of Legal services Authority for verification of BPL/APL x. Water pollution samples-VISL

  25. …Legal research exercise xi. Survey of status of Girls Hostels , Vridha Asrama, Reception centre, Jail, Juvenile Home, xii. Issuance of LLr- driving Licence xiii. Visit to court and lawyers office /Police station for collection of various Legal specimens eg., F.I.R/Charge Sheet /Bail Application Format xiv. Searching of case Laws through Legal Eagle software/ Manually xv. Assignment writing xvi. Visit to Sub registrar’s office to collect certified copies of various types of conveyance deeds xvii Power point / vedio presentation of the programmes of the entire academic year • Filing RTI application for 4(1)(b) Notification ixx Establishing yuva.com/ Vidyartivakilavedike for discussion on various current legal issues xx . Material collection on the suggested topic

  26. SUGGESTIONS FOR EXECUTION Experimentation with the group learning method indicates that the research problems must be carefully designed and the groups carefully instructed and managed for the exercise to be succesful.

  27. Recommended steps 1.Significant time must be allocated to give the group a fair opportunity to solve the problem and to present their report 2. The problems should be designed so that every group does not attempt to handle the same volume at the same time 3. Group size should be limited to three students, a manageable number. 4. The group task should be clearly defined 5. The exercise should be designed to challenge the students but not to overpower them 6. All group exercise are somewhat chaotic. The trick is to keep the chaos to a minimum.

  28. Tools of research- Use of law library • Preparation for research work consists in learningHow to use the resources of law libraries? • All legal research inevitably involves the use of the law text books, Periodicals, and Documentary materials in libraries.

  29. Use of Library • Planning Library Research Helps researcher to understand the process of conducting library research and the different research tools, resources and collections available • Using law Libraries Information about accessing the libraries student/researcher may need to visit during his/her research and effectively utilizing the services and facilities offered.

  30. LEGAL MATERIAL • primary legal materials-All legal sources. • All of the other Legal materials -Secondary materials. He who wants to become a lawyer and not merely to pass law examinations must learn to uselegal materials. He must get to know the way about his law library, and must acquire the habit of first-hand work among what lawyers call the sources. • The law of India is contained in constitutional law of India, statutes enacted under it and the judicial decisions; • what the textbook writer think is not, in itself, law. He may have misinterpreted the authorities, and the reader who goes to them goes to the fountainhead.

  31. PRIMARY LEGAL MATERIAL The primary sources of law are those authoritative records of law made by law-making bodies. i.e., • The legislation made by Union parliament and state legislatures • The rules, regulations, orders, ordinances, notifications, circulars, and by-laws ,of those bodies to whom parliament or state legislatures have delegated authority, and; • The authoritative reports of the decisions of the courts. • Customary practices- Indigenous peoples /law as recognized by the Supreme court of India.

  32. SECONDARY LEGAL MATERIAL • publications which refer and relate to the law while not being themselves primary sources. • Ex: commentaries, AIR commentaries & Digests, Annual survey of Indian law, Halsbury laws of India. All legal text books, encyclopedias, dictionaries, digests, journals, and the like. A court will not feel bound by secondary source materials if cited in support of a proposition of law, • Goal is to find the law and that will mean that a case, Act or Regulation, or a mixture of all three, must be found and cited. They are of great assistance in finding and understanding the law but will seldom replace the legal authority itself.

  33. LIBRARY RESOURCES • Using Resources Information about using the range of research tools and resources that student/researcher may need to use during his/her research. Besides familiarizing himself with the law reports and statute book, the Student lawyer-to-be should get to know his way about the library as a whole, together with its apparatus of catalogues and books of reference. Referencing & Bibliography Helps the student/researcher to correctly reference the sources he/she has used in his/her research, compile a bibliography and use bibliographic software.

  34. LIBRARY DATA: SEARCH TOOLS Title Search:Searches through all of the subject titles Method Search: Statistical methods such as regression Topic Search: Topics such as LAW or JURISPRUDENCE Data-file Subject Search: Data subjects such as Statutes or List of cases Full-text Search: Searches through all of the law subjects and data-files.

  35. PRINT MEDIA PAPER SOURCES: • 1) Encyclopedias • 2) Digests • 3) Manuals • 4) Case Law books • 5) Bare acts • 6) Text books • 7) Commentaries • 8) Statutory rules • 9) Law commission reports • 10) Constituent Assembly debates • 11) Parliamentary debates • 12) Journals and Reports • 13) Citatory. • 14) Current central legislations

  36. NON PRINT MEDIA The convergence of computer and communication technologies have created a new channel of networking Examples of CD ROMs 1) Grand Jurix 2) Laws premium 3) Law encyclopedia 4) Advocate library 5) Company law 6) Labour law 7) Constitution of India 8) Intellectual property rights- key to new wealth-Interactive CD. 9) Karnataka law CD 10) Legal India CD. 11) Legal eagle-soft ware

  37. Websites - Webliography ebookee.com/law.html sites.google.com/site/gyanendrasinghchauhan.comindiankanoon.org/judis.openarchive.in/ (scc)judis.nic.in/ judis.nic.in/supremecourt/chejudis.asp (SCC)supremecourtcaselaw.com/ (SCC)indiacode.nic.in/lobis.nic.in/mhc/srjud.php (MP HIGH COURT JUDGEMENT)legalserviceindia.com/dictionary.law.com/lectlaw.com/def.htm (law dictionary online)books.google.co.in/vakilno1.com/gigapedia.com/

  38. Websites - Webliography answeringlaw.com (scc)gunaccessories.com/ (ARMS)indiabook.com/Government/Law/index.htmlindianlawcds.com/Free_indian_bare_Acts.htmindia.gov.in/govt/acts.phplegalhelpindia.com/cause-lists.html lawzonline.com/legalindia.in/legalapproach.net/lawguru.comindlegal.com/rtiindia.org/indlii.orgloc.gov/law/help/guide/nations/india.phpforensic.jouwbegin.nl/divorcelawyerindia.com/stpl-india.in/

  39. Empirical data- Measuring tools & devices • Observation • Questionnaire • Interview Schedule • Survey • Sampling • Case study • participation

  40. Observation • Observation is an activity, which senses and assimilates the knowledge of a phenomenonor the recording of data using instruments. • Observation is the process of filtering sensoryinformation through the thought process. Input is received via hearing, sight, smell, taste, or touch and then analyzed through either rational or irrational thought.

  41. TYPES OF OBSERVATION • Participant and non participant observation. • Controlled and uncontrolled observation • Structured and unstructured observation

  42. Participant and non participant observation Advantagesof participant observation and limitations Non-participant observation and limitations The defining characteristic of observation is that it involves drawing conclusions, as well as building personal views about how to handle similar situations in the future, rather than simply registering that something has happened.

  43. Controlled and uncontrolled observation: Devices generally used in controlled observations: • A detailed observation plan • Observation schedules • Mechanical appliances like photos, tape-recorders, • Socio-metric scales • Hypothesis. These controls increase precision, reduce bias, ensure reliability, systematic procedures and increase objectivity. uncontrolled observation: Most of the knowledge about the social phenomena is generally derived through uncontrolled observation only. To get a spontaneous picture of life and persons, this type of observation is used.

  44. STRUCTURAL AND UNSTRUCTURED OBSERVATION Observational technique presupposes that the investigator knows what aspects of the situation under study are relevant to his research purposes and is in a position therefore to develop a specific plan for making and recording observations before he actually begins the collection of data. Unstructured observation is mostly used as an exploratory technique. In exploratory studies, the observer does not know in advance which aspects of the situation will prove relevant and the observer’s understanding of the situation is likely to change as he goes along. This in turn, may call for changes in what he observes. The unstructured observation is flexible and allows for changes in focus from time to time.

  45. Questionnaire The questionnaire is a list of important and pertinent questions concerning a problem”. Defined as “a list of questions sent to a number of persons for their answers and which obtains standardized results that can be tabulated and treated statistically”. Questionnaire is a popular method of data collection

  46. What is a Questionnaire? • 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.. • 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

  47. DIFFERENCE BETWEEN QUESTIONNAIRE, SCHEDULE AND INTERVIEW GUIDE • A questionnaire is a tool for obtaining answers to a bunch of questions by the respondent. Generally, the questionnaire is mailed to the informants who are to give answers in the questionnaire itself. The researcher does not meet and help the informant in filling the questionnaire. • A Schedule refers to a form of questionnaire, which is generally filled in by the researcher himself. He sits with the respondent face to face and fills in the form. • The fundamental difference between a questionnaire and a schedule lies in the method of filling the form containing a set of questions. A questionnaire is ‘self-administered’ whereas a schedule is not. • An interview guide is a set of points, topics or matters which must be necessarily covered by the interviewer while conducting the interview. At times, questionnaire or schedule itself is used as the interview guide

  48. CHARACTERSTICS OF A GOOD QUESTIONNAIRE: • The significance of the topic should be closely and carefully stated on the questionnaire or in the covering letter. • Questions whose answer can be secured more accurately from other sources such as census data, may be excluded • It is not desirable to use leading questions. • Questions framed must be simple instead of long complex questions. • In fact, question wording and formulation is an art and can only be learnt by practice. • The set of questions must be logically related to the problem under investigation. Opening questions should stimulate interest in the respondent. • Questionnaire should be attractive in appearance, neatly arranged and clearly duplicated or printed. In a mailed questionnaire, an attractive-looking questionnaire is a plus point for co-operation. • The authority for the collection of the information should be stated. • Sufficient space must be provided for recording the responses.

  49. A GOOD QUESTIONNAIRE • In general, all questions should meet the following standards namely • (i) should be easily understood; • (ii) should be simple i.e., should convey only one thought at a time; • (iii) should be concrete and • (iv) should conform as much as possible to the respondent’s way of thinking.

  50. TYPES OF QUESTIONNAIRE • Structured questionnaire • Unstructured questionnaire • Pictorial questionnaire • Merits and demerits of questionnaire

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