Final Submission - Use of Legal Database

Tools and Techniques of Data Collection in Legal Research

Submitted by
Division B | Batch 2018-23
18010224077 Ishita Aanand
18010224078 Ishita Goel
18010224079 Kartik Sharma
18010224080 Kashish Chhabra

Symbiosis Law School, NOIDA

Constituent of Symbiosis International (Deemed University)
(Established under Section 3 of the UGC Act, 1956)
Re-accredited by NAAC with 'A' grade (3.58/4) | Awarded Category - 1 by UGC

In
August, 2018 for Academic Year 2018-19
(Semester I | Session: July 2018- October 2018)

Under the guidance of

Richa Dang
Course in charge – Use of Legal Database
Symbiosis Law School, NOIDA
47/48, Phase 2, Industrial Area, Sector 62, NOIDA, Uttar Pradesh 201309
 CERTIFICATE

The Project entitled “Tools and Techniques of Data Collection in Legal Research”
submitted to the Symbiosis Law School, NOIDA for Use of Legal Databases as part of
Internal assessment is based on my original work carried out under the guidance of
Ms. Richa Dang from August to September. The research work has not been
submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the project has been
duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if
any, detected later on.

Signature of the candidates:

Ishita Aanand
Date:

Ishita Goel
Date:

Kartik Sharma
Date:

Kashish Chhabra
Date:
 ACKNOWLEDGEMENT

We as researchers would like to express our thanks of gratitude to my teacher Ms.

Richa Dang as well as Director Sir, Dr. Prof. C.J. Rawandale who gave us this golden
opportunity to do this wonderful project on the topic “Tools and Techniques of Data
Collection in Legal Research”, which also helped us in doing a lot of research and we
came to know more about so many new things we are really grateful for.

Secondly, we would also like to say thanks to our friends who helped us in this
research project within a limited time frame.

INDEX
 I. TYPES OF LEGAL RESEARCH
a) basic or fundamental research
b) applied research
c) empirical research
d) doctrinal and non-doctrinal research
e) quantitative and qualitative research

II. RESEARCH TOOLS AVAILABLE FOR LEGAL RESEARCH

a) Westlaw India
b) SCC Online
c) Legitquest
d) Justia
e) FastCase
f) Findlaw
g) Casemaker
h) Casetext

III. RESEARCH ROLE OF TECHNOLOGY

a) Introduction
b) Significance of Legal Research
c) Emerging Use of Technology in Legal Research
1. The Google Effect
2. Open Access to Legal Scholarship
d) Conclusion

IV. CASE ANALYSIS

a) Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992)

 Facts
 Issues
 Judgment
b) Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013) cert. denied 134 S.
Ct. 618 (2013)
 Facts
 Issues
 Judgment

TYPES OF LEGAL RESEARCH

The researchers are based on following categories:-
 1. BASIC OR FUNDAMENTAL RESEARCH- This form of research is
designed to add new philosophies to research which had not proved any quick
and practical results early. This research basically contributes some additional
information to already existing theories in order to gain knowledge and refine
them. For instance, a study done in by a company to understand the areas of
improvement and techniques to do so in order to increase its sale, is an
example of fundamental research.

2. APPLIED RESEARCH – This form of research is basically done with the

primary objective of solving a practical problem immediately and adding
something to the pre-existing knowledge is secondary. It is also called ‘action
research’ as it is concerned with solution of practical problems. For instance
living of spouses together without marrying and thereafter rights of children
born out of it.

3. EMPIRICAL RESEARCH- It is chiefly based upon the outcome of

observation and experimentations on certain events. This form of research
combines itself with reasoning and observation and it therefore requires
systematic collection of information from society, associations, individuals, etc.
This form of research is found to be more powerful in legal field in order to
shape law according to societies need. For instance there are many laws set by
the court on child labor and violence against women, but still we see these
issues increasing in our country day in and day out. Therefore the SUPREME
COURT OF INDIA had set up a committee and ordered them to conduct an
empirical study to find out the deficiencies in these matters and thereafter
analyzing them to make some changes in the prevailing law.

4. DOCTRINAL AND NON-DOCTRINAL RESEARCH- Doctrinal research

is done into a standing legal principle. It is sometimes referred to as ‘arm-chair’
research. The main aim of such research is to analyze and explain the existing
law and develop new theories out of it. Under this method the researcher
gathers his/her data from reports of higher court or law library whereas Non
doctrinal research is done on facts connected with standing legal principle. It
involves the study of some legal aspects which I usually collected from field
work. These researches usually consist of impact of legal decision on
society. These are also termed as theoretical research. Examples- legal impact
of brain-mapping and polygraph.

5. QUANTITATIVE AND QUALITATIVE RESEARCH- The qualitative

research includes codification, categorization, classification and content
analysis. However legal research does not generally admit quantitative research
and socio-legal reforms cannot be measured quantitatively.

RESEARCH TOOLS AVAILABLE FOR LEGAL RESEARCH

The necessity for legal research tools is developing as segmentation grows in nature
and also service deliveries making it crucial to have industry leading technology
ensuring efficient work with accuracy.
The main objective of the legal research tools and strategies is to discover, evaluate,
critically analyze and apply sources of legal authorities which are used by lawyers in
understanding facts and resolving issues.
Given below are some of the tools for legal research:
● Westlaw India: It is an online legal research service for lawyers and legal
professionals in the United States and is a product of Thomson Reuters. In
addition, it provides proprietary database services.
● SCC Online: SCC Online Web Edition is hosted on the Internet, and allows for
access to our databases from anywhere in the world. The Web Edition is device
independent and platform independent and usable on – Windows PC, Macintosh,
Linux or a tablet or mobile phone with internet capability.
● Legitquest: This secure platform helps the stakeholders to research
efficiently with the most advanced search engine developed through cutting
edge technology as we have transformed complex data into a user-friendly form
to make legal research faster. We will be providing access to the vast and
comprehensive legal database to our users in the most reliable, accurate,
valuable and speedy manner. LegitQuest strives to become a one-stop solution
for the legal fraternity.
● Justia: Justia is an American website specializing in legal information retrieval.
It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the
largest online databases of legal cases.
● FastCase: Fastcase is a free legal research tool, like Westlaw or Lexis, often
available free of charge. Many local bar associations have subscription plans
with Fastcase.
● Findlaw: FindLaw is a business of Thomson Reuters that provides online legal
information and online marketing services for law firms. FindLaw was created by
Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by
Thomson West in 2001
● Casemaker: Casemaker is a Web-based legal research system owned by
Lawriter LLC, an entity based in Charlottesville, VA United States. State bar
associations join the Casemaker system to provide online legal research
services for dues-paying attorney members. The Casemaker system allows
users to search and browse a variety of legal information such as statutes,
regulations, and case law on the Web. Casemaker is designed to be navigable
and provide its users with current and accurate legal materials.
● Casetext: Casetext has become one of the leading sources of legal
information. One million people access Casetext legal library each month, and
thousands of attorneys at firms big and small rely on Casetext award-winning
contextual search to help them get the answers they need fast so they can
spend more time on higher-value work.

Research Role of Technology

1. INTRODUCTION

The technology revolution has impacted every aspect of our daily lives. It is hard to
imagine a world without smartphones and the Internet. Where and how we access
information has changed dramatically over the last decade. Gone are the days of
traveling to the library check out books and read printed journal articles. No longer
simply storehouses of print information, libraries but now serve as starting points for
searching online information that can be accessed anywhere, any time and on any
device. Library research that used to take hours or days can now be done in minutes.
Online materials are often updated quickly, sometimes in hours rather than weeks or
months, when researchers had to wait for updated print materials to be delivered.
Utilizing websites and databases now prevails as the most common method of
conducting legal research. The sheer number and variety of resources can sometimes
make it difficult to determine where to start, how to choose among similar resources,
and how to keep up-to-date on what is available. This chapter provides an overview of
vast range of legal materials available in libraries and on the web, and offers guidance
for efficiently and effectively conducting legal research.

2. Significance of Legal Research

Significance:
Importance of legal research for lawyers and law firms has been listed below:
• Legal research can help not only in knowing the background of the case but also
provides the way to solve a problem.
• Learning the basics in a particular area of law.
• Learning about already set precedent and judgments in similar cases.
• Finding essential cases and statues.
• Understanding key terms of art in an area.
So, this is why legal research is so significant for law firms, lawyers, legal
corporations and businesses as it supports them in handling the complicated legal
cases and helps in forming strong arguments for their case

3. Emerging Use of Technology in Legal Research

Technology has transformed the availability and accessibility of information. From the
integration of free Internet resources into library collections, to the development of
sophisticated search tools that allow for faster and more precise searching, libraries
help researchers to navigate the myriad of information available both in the library
and beyond.
• The Google Effect
Google has had an immeasurable impact on how people access information. OCLC, a
provider of library databases and services, published Perceptions of Libraries and
Information Resources (2010), a report chronicling how information consumers
perceive of and use libraries, search engines, websites and other emerging
information sources. The report noted that most information consumers start their
information searches on a search engine “Not a single survey respondent began their
information search on a library web site” (De Rosa et.al, 2010, p.33). Google is,
unquestionably, the search engine of choice, boasting a 71% share of the global
search market (Marketline, 2014). With billions of web pages indexed, a single search
instantly yields a vast amount of information from a wide range of sources.
• Open Access to Legal Scholarship
More than a decade ago, academics and librarians began to recognize the potential
impact of Internet on the dissemination of scholarship. Open access is founded on the
basic principle that research should be available online to the widest audience
possible. What began as a grassroots effort in the sciences to respond to the rising
cost of scholarly journals has resulted in a worldwide movement to make scholarly
output available online, free of charge, and free of most copyright and licensing
restrictions.

4. Conclusion
Since the 1980s technology has been having significant impacts on legal education
and practice especially in more advanced jurisdictions. The use of CALR and CAI
testify to this fact. E-discovery is undertaken in some jurisdictions and AI is employed
in achieving this. There is also much legal software adapted to help lawyers in
delivering more effectively their legal services to clients. The current set of law
students and young lawyers are more comfortable with technology and make use of it
in their day to day dealings. The future generation of lawyers and law students will be
even more at home with technology and be able to achieve greater things with same.
Therefore technology has come to stay and will continually advance with each passing
day. It is therefore essential that lawyers and law teachers embrace same and
consider how to maximize technology to advance both legal education and practice as
suggested in the recommendations

CASE ANALYSIS

Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992)

FACTS
Plaintiff photographer, Art Rogers, owned the copyright in a photograph called
Puppies that defendant sculptor, Jeff Koons, used to create a sculpture, entitled String
of Puppies. Defendant Koons claimed that the purpose of the resulting sculpture was
to comment critically both on the original photo and the political and economic system
that created it. He displayed String of Puppies at a gallery and sold copies to
collectors. Plaintiff brought an action for copyright infringement, and defendant
asserted that the copying was a fair use as a parody of the original. Defendant
appealed the district court’s judgment that his use of the photo to create the
sculpture was not a fair use.
ISSUES
Whether defendant’s copying of plaintiff’s photograph for the purpose of making
sculptures intended as social commentary on the photograph’s image was a fair use.
JUDGEMENT
On appeal, the court affirmed that defendant was not entitled to a defense of fair use.
It found that the “purpose and character” factor weighed against fair use because,
while the defendant’s copying may have been a satirical critique of materialistic
society in general, it “was done in bad faith, primarily for profit-making motives, and
did not constitute a parody of the original work.” The court further found that
defendant copied the essence of the photograph nearly in toto and exceeded a
permissible level of copying under the fair use doctrine. Additionally, the court
concluded that because defendant’s work was primarily commercial in nature, “the
likelihood of future harm to [plaintiff’s] photograph is presumed, and [the] market for
his work has been prejudiced.”
Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013) cert. denied 134 S.
Ct. 618 (2013)
FACTS
Plaintiff Patrick Cariou published Yes Rasta, a book of portraits and landscape
photographs taken in Jamaica. Defendant Richard Prince was an appropriation artist
who altered and incorporated several of plaintiff’s photographs into a series of
paintings and collages called Canal Zone that was exhibited at a gallery and in the
gallery’s exhibition catalog. Plaintiff filed an infringement claim, and the district court
ruled in his favor, stating that to qualify as fair use, a secondary work must “comment
on, relate to the historical context of, or critically refer back to the original works.”
Defendant appealed.
ISSUES
Whether defendant’s appropriation artwork, which incorporated plaintiff’s
photographs, must comment on, relate to the historical context of, or critically refer
back to the plaintiff’s original work to qualify for a fair use defense.
JUDGEMENT
The appeals court held that the law imposes no requirement that a work comment on
the original or its author in order be considered transformative. It concluded that
twenty-five of the thirty works at issue constituted fair use. The court found those
works transformative because defendant’s “composition, presentation, scale, color
palette, and media are fundamentally different and new compared to the
photographs, as is the expressive nature of [defendant’s] work.” The court also found
no evidence that defendant’s work usurped either the primary or derivative market for
plaintiff’s photographs. As to the other five works, the court remanded to the district
court for further consideration under the proper standard.