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LEGAL RESEARCH

LEGAL RESEARCH. Br. Mahyuddin Daud Department of Laws CFS IIUM. Introduction. Research skills plays an important role towards development of legal skills Legal profession requires professionals to be familiar with research:

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LEGAL RESEARCH

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  1. LEGAL RESEARCH Br. MahyuddinDaud Department of Laws CFS IIUM

  2. Introduction • Research skills plays an important role towards development of legal skills • Legal profession requires professionals to be familiar with research: • Lawyers (prosecutors, defense counsel etc.) - research as part and parcel of the case & argument formulation processes. • Judges – to know which laws applicable – settlement of court cases

  3. Definitions • In ordinary meaning, research means an act of searching into a matter carefully and closely • Academic world : research means a systematic study or investigation of existing facts or knowledge related to any matter undertaken with the object of finding some truth or reality • Legal research (LR) : any systematic study of legal rules, principles, concepts, theories, doctrines, decided cases, legal institutions, legal issues or questions.

  4. Objectives of Legal Research • To ascertain the nature, purpose and policy-objectives of legal rules and principles and determine their current relevance, adequacy or efficacy • E.g. laws designed for the benefit of farmers or fishermen, protection of children, minimise environmental polution • To identify the weakness of an existing law or defects in a particular area of law

  5. To examine the nature and composition of legal institutions, objectives behind its establishment, efficacy of its working, its success or failure, and examine what changes are necessary • To compare legal provisions, principles existing in a particular legal system with a view to suggest new facts, or proposing solution to a problem

  6. To study the causes that led to the adoptation of a particular law, principle or legal institution • To discover new facts, or verify old facts, or extend knowledge

  7. Does LR always involve solving problems? • LR deals with some kind of problem or issue that is somewhat related to law • Issues like: • Whether there was a breach of contract? • Rights of women when husband embraces other religion • Whether euthanasia should be legal? • Not necessary that LR will always involve problem solving • Sometimes, LR is done without any problems at hand • to trace development of consumer law • To see the adequacy of present consumer protection law

  8. Types of Legal Studies • Descriptive and exploratory • Explanatory • Analytical and critical • Historical • Comparative • *assignment – group yourselves and take one type and study them. You then will have to teach your colleagues on what you have read in this part

  9. Types of Legal Research

  10. Finding material in a law library • A law library may be described as the ‘lawyer’s workshop’ or laboratory • A researcher seeking to find law or law related information must be familiar with law library and where materials such as statutes, cases, textbooks are placed • Excellent lawyers, academics, researchers, judges spend great deal of time reading books in libraries

  11. Materials in the law library • Law textbooks • Journals • Law reports • Legislations • Digests • Case citators • Legal Encyclopedias • Law dictionaries • Assignment : You are to visit your law library and try to identify these materials. Present your findings to the class.

  12. Online research • LexisNexis Malaysia • CLJlaw.com • Westlaw • Note : please bring your laptop at the class because I will show to you some websites to conduct law research.

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