RESEARCH METHODOLOGY

Research Re+ Search

It is the process finding solution to a problem.
It’s the process of arriving as a dependable solution to a
Problem through planned & systematic collection, analysis
And interpretation of Data.
It seeks answer only of those questions which answers can
Be given on the basis of available facilities
It’s a movement from known to unknown.
FEATURES OF RESEARCH
 It gathers new knowledge/ data from primary/ first hand Resources.
 It requires plan.
 It requires expertise.
 Research is patient and un hurried activity.
 It places emphasis upon the discovery of general principles.
 Its an exact systematic and accurate investigation.
 Its logical and objective.
 It Endeavour to oraginze data in quantitaive forms
 Researcher carefully record and report the data
 Conclusion and generalization are arrived at carefully and
 Cautiously

OBJECTIVES OF RESEARCH
1.THEROTICAL OBJECTIVE
Formulate new theories, principals etc.This type of theory is explanatory because it explains the relationship Between variables.Its mainly used in
Physics, Chemistry. Math’s etc
2. FACTUAL OBJECTIVE
Find out new facts.Its of descriptive nature.These are mainly historical type of research which describes facts or Events which has previously
happened.
3. APPLICATION OBJECTIVE
It doesn’t contribute to new knowledge in the fund of human knowledge But suggest new application, by application here it means improvement
And modification in practice
A research based on analysis of case laws, statutes by applying logic and resoning power. This kind of research is carried on by all judges, lawyers
and law teachers. As per Cardozo “law or legal propositions are not final or absolute. They are in state of becoming. Accepted norms or principles
whether statutory or as a principle of justice, equity and good conscience are applied again and again to test its veracity or authenticity as a true
principle of law. If it is found unjust, it may be modified to meet present requirement. For e.g. AK Gopan case is overruled by Bank
Nationalisation and finally in Maneka Gandhi case by the Honourable Supreme Court, Sajjan Singh and Sampath Kumar cases are overruled in
Golaknath case by saying that parliament has no power to amend basic structure of constitution.
In these cases judges played the role of researcher by giving concrete shape and stability to legal principles by applying principles of review,
revision or overruling. A person who is doing doctrinal research should and must know how to make use of law library because research is
concerned with identification of authoritative sources and using techniques to find them.
CHARACTERISTICS OF DOCTRINAL RESEARCH
Propositions based study.
Conventional legal theory and court decisions report are sources for research.
It studies law as it is existing.
ADVANTAGES OF DOCTRINAL RESEARCH
Provides researchers with necessary tools to reach their destination within a limited time frame.
Ultra vires and many other concepts can be improved by doctrinal research.
Provides proper guidance when question related to course by law is raised.
DEFECTS OF DOCTRINAL RESEARCH
Over emphasis on appeallate court decisions.
If researcher fails to take into account the reference and context of legislation, precedent and custom, his work may not be worthy.
Lack of social factors will not complete the study as law has to be related with society.
A researcher faces problem in giving shape to his work because of too many presumptions made by materials at his disposal.
Empirical Research:
Definition
Empirical Resarch is a type of research where the conclusions and decisions are based on valid data or evidence. Empirical research can be
analyzed quantitatively or qualitatively. Instead of using only logic, in philosophy empiricism is concluding direct observations and assessment.
Characteristics of Empirical Research

The distinctive feature of empirical research is its strictness in collecting and observing data and experiences to collect
useful information that is used to create a provable analysis. For this reason, the research has six main characteristics,
better known as the steps to complete empirical research.

1.Abstract/Purpose: The first step involves coming up with the foundational purpose of the research. The researcher answers questions like:
 What do I want to find out?
 How do I define the problem statement?
 Is the data readily available?
 Are there challenges that might limit the collection of data in terms of time, resources, language barrier, etc.?
 What is the ratio between the research itself and the finding in terms of profitability? In short, is it worth the effort?
This is the area where the researcher goes deep into why he/she wants to perform it and what he/she seeks to find or prove from the outcome.
2.Introduction:The second step involves having an initial report for the research. Here, any facts ever documented on the same are highlighted plus
the statement of hypotheses for the current study. Also, the parties involved describe tolerable errors, measurements, and acceptable methods in
this section.
3.Methods:This is where the actual research takes place, plus the recording of the process and data. Researchers decide whether they will use
experimental or non-experimental methods for data collection in relation t the hypotheses. Depending on the field of research, they will then carve
out a research design that can maximise their resources and methods of data collection. Data collection techniques are then used, which might
include sampling and questionnaire methods.
4.Findings:Some researchers merge this part with step 3, while others handle them separately. This is where the findings from the data collection
methods are put together. The data is then cleaned and analysed.
5.Discussion: Data analysis methods include qualitative or quantitative methods. From either or both of these methods, researchers check their
findings to support or reject their hypothesis. A discussion on the interpretation and implications of the findings plus the study as a whole is then
documented for formal use.
6.References: Finally, credit is given to whomever the credit is due. Citations or a bibliography with materials used in the report are also included.
Limitations of empirical research
It can be time-consuming depending on the research subject.
It is not a cost-effective way of data collection in most cases because of the possible expensive methods of data gathering. Moreover, it may
require traveling between multiple locations.
Lack of evidence and research subjects may not yield the desired result. A small sample size prevents generalization because it may not be enough
to represent the target audience.
It isn’t easy to get information on sensitive topics, and also, researchers may need participants’ consent to use the data.
 STEPS IN LEGAL RESEARCH
1. Beginning of a Research Project.
2. Selection of a Research Topic.
3. Justification, Purpose, and Relevance of Research.
4. Designing Research Question.
5. Formulation of Hypothesis.
6. Literature Review
7. Outline of Research
8. Conceptual and Theoretical Framework of Research
9. Originality
Types of Research Hypothesis

Research hypothesis can be classified into seven categories as stated below

1. Simple Hypothesis : It predicts the relationship between a single dependent variable and a single Independent variable.
2. Complex Hypothesis : It predicts the relationship between two or more independent and dependent Variable.
3. Directional Hypothesis:It specifies the expected direction to be followed to determine the relationship between Variables, and is
derived from theory. Furthermore, it implies researcher’s intellectual Commitment to a particular outcome.
4. Non-directional Hypothesis :It does not predict the exact direction or nature of the relationship between the two
Variables. Non-directional hypothesis is used when there is no theory involved or when Findings contradict previous research.
5. Associative and Causal Hypothesis Associative hypothesis defines interdependency between variables. A change in one
Variable results in the change of the other variable. On the other hand, causal hypothesis. Proposes an effect on the dependent due to
manipulation of the independent variable.
6. Null Hypothesis It states a negative statement to support the researcher’s finding that there is no Relationship between two
variables
7. Alternative Hypothesis:It states that there is a relationship between the two variables of the study and that the Results are
significant to the research topic

IMPORTANT OF HYPOTHESIS
It ensures the entire research methodologies are scientific and valid.
It helps to assume the probability of research failure and progress.
It helps to provide link to the underlying theory and specific research question.
It helps in data analysis and measure the validity and reliability of the research.
It provides a basis or evidence to prove the validity of the research.
It helps to describe research study in concrete terms rather than theoretical terms