Research

 Research is composed of 2 words ‘ re’ and ‘search’ which means to ‘search again’ or
to search for new facts or modify older ones in any branch of knowledge.
 Research is a process of systematic inquiry that needs collection of data,
documentation of critical information, analysis and interpretation of data.

Definition of research

 Research is defined as a careful consideration of study regarding a particular concern

or a problem using scientific methods. It gives multiple solutions for a single problem
and there are many possible ways to do research for a single problem.

 Redman and Mory define research as a” systematic effort to gain new knowledge”.

 According to J W Best ,” research is considered to be more formal’ systematic,

intensive process of carrying on the scientific methods of analysis.

 According to John Creswell,” research is a process of steps used to collect and

analyse information to increase our understanding of a topic or an issue.”

Objectives of research

objectives are the goals, researchers set out to attain in their study. They inform the reader
what the researcher want to accomplish through the research work. The objectives of
research are as:

 Theoretical objectives: It leads to the formulation of new theories and basic

knowledge by exploring the association between different variables.

 Factual objectives: studies at such objectives which aim at finding new facts.

 Application objectives: search objectives suggest the use of already existing theories
to new situations.

 Variable objectives: they are of philosophical in nature in which the final result is
obtained on the basis of philosophy.
 Legal research

Legal research is the process of finding the law that governs an activity and materials
that explain or analyze that law. Legal research includes various processes ranging
from gathering information to analyzing a problem’s facts and communicating the
investigation results.

 Legal research has been defined as a process of finding the law that governs an
activity and materials that explain or analyse that law.
 Legal research is an inquiry and investigation made by judges, lawyers, and legal
researchers in the quest for a deeper and fuller understanding of the true nature of
legal problems.
 Legal research is the process of identifying and retrieving information necessary to
support judicial decision making.
 Legal research helps one to use his acquired knowledge of how the law works and
understand the principles that underlie the operation of the law and the legal
system.

Legal research means scientific and purposive investigation or inquiry of a problem or issue
of any discipline. Likewise, legal research is a scientific investigation into a legal issue or
problem and the process of gathering evidence or information for ascertaining an
assumption or verifying some hypotheses.

Legal research seeks to expound on various aspects of the legal system, the legislative and
judicial process, and the nature and function of law in society. Legal research is also
concerned with “the understanding and internal coherence of legal concepts and reasoning.

Legal research is not a mere description of facts but a purposive investigation to explain or
interpret a legal phenomenon. It goes beyond description and requires analysis.

In this sense, it is a creative process and involves normative activities. Legal research is
diligent, and continued search is for the more probably accepted answer to a legal question.

Legal research includes each step of a course of action that begins with an analysis of the
facts of a problem and concludes with the application and communication of the
investigation results.

The processes of legal research vary according to the country and the legal system involved.
However, legal research generally suggests such tasks as:

 Find primary sources of law or central authority in a given jurisdiction (cases,

statutes, regulations, etc.)
  Searching secondary authorities (for example, law reviews, legal dictionaries, legal
treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris
Secundum) for background information about a legal topic; and
 Searching non-legal sources for investigative or supporting information.

Top legal websites for legal research

Conducting legal research is very easy till one knows how to do it. However, not everyone
can access legal databases such as Manupatra, SCC Online etc. Either you have to purchase
them, or your college will provide access to them. But don’t worry; there are many legal
websites you can refer to for your legal research. These all are user-friendly and can be of
great use if one looks at its structure. A lot of information can be accessed on these
websites very easily.

 Indian Kanoon: The Indian Kanoon was founded by Sushant Sinha in 2008. It is
one of the best tools that law students can use for understanding complex
judgments simply.
 Livelaw: The website Livelaw was started by Rashid M.A. in 2013. The most
prominent blog in India seeks to create awareness in society by providing
accurate and reliable information.
 iPleaders: iPleaders was started by the two NUJS graduates Ramanuj Mukherjee
and Abhudyay Aggarwal, in 2010. It is an educational start-up whose primary
purpose is to make legal education accessible to all. It has its blog called iPleaders
blog, which focuses on legal issues and legal questions.
 Path Legal: It is a legal directory started by Sunil Joseph in 2011. The main aim of
Path Legal is to provide free legal advice online, telephone consultation, free legal
advice, free LPO training, legal papers etc.
 Lawctopus: It was founded by the NUJS graduate Tanuj Kalia in 2010. It is one of
the exclusive sites for law students that provide information regarding
internships, career opportunities etc.
 Bar and Bench: It was established in 2011. It is a place where comprehensive
news and analysis is provided for the legal community. The entire legal spectrum
of information like interviews, news, column sources are provided on this
website.
 SCC Online: Eastern Book Company, an internationally renowned publishing
house, has its own reliable and comprehensive law reporting of the Supreme
court of India through SCC Online. It has been providing its legal services across
India. However, if you want to access SCC, you would have to purchase the
subscription plan to avail the benefits.
  Legally India: It was founded by Kian Ganz in 2009. It is one of the leading blog
pages whose primary function is to report news and information that pertains to
Indian law firms, Indian lawyers, international law firms and business lawyers in
India.
 Law Times Journal: Founded in 2014, law times journal is one of the leading
online education portals devoted to the law. It believes in promoting free
education in the legal sector. Besides this, it also provides resume services that
help students in obtaining internships.

Purposes of legal research

Law is dynamic as our society operates in a complex structure of society. Behavioural norms
and attitudes are controlled and moulded by the law. However, with the nature of these
norms changing with time and space, it becomes essential that law becomes adaptable to
the changing order of society.

Here, in such a situation, legal research becomes essential for the ascertainment of law,
clearing ambiguities in the law, identifying the weak points in a direction, and critically
examining the order to ensure consistency, coherence, and stability in the law, etc. There
are various purposes for which legal research is conducted. These are:

 With various laws, rules, and regulations existing in society, it becomes essential
to filter the laws presently applicable to the given situation. It is not easy to find
the law or a judicial pronouncement at a particular point in time. Here, legal
research makes the task easier. It makes the ascertainment of the law easier and
much more helpful.
 It is not always true that law, once made, can never bring rise to any contingency
in the future. There exist some ambiguities and gaps which might be removed
with the help of legal research. The nature of law is both reactive and proactive in
that it answers the question arising out of such ambiguities and gaps. Apart from
helping in removing ambiguities, it also helps in determining coherence, stability,
and consistency.
 Legal research also helps in predicting the future. It also helps to understand the
social factors that had indirectly impacted the making of law. Social auditing of
law helps in identifying the gap between the legal ideal and social reality. It
further helps in suggesting reforms based on analytical, historical, and
comparative research.
Importance of Legal Research

Legal research is also necessary for ascertainment of law on a given topic or subject, to
highlight ambiguities and inbuilt weaknesses of law, and to critically examine legal
provisions, principles, or doctrines to see consistency, coherence, and stability of law, to
make suggestions for reform of the law.

Legal research is an important element of the modem system of legal education.

Legal education performs several related functions: attaining theoretical knowledge,

practical training, and a general education contributing to proper legal reasoning, effective
communication, and ethical responsibility. Legal research can facilitate attaining these
objectives by placing law in a broader intellectual context.

Legal research methodology is important for legal researchers in many ways.

Legal research helps one use his acquired knowledge of how the law works and
understand the principles that underlie the operation of the law and the legal system.

Legal research is also important for a lawyer, who should be familiar with those areas of law
in which he claims to have the expertise as a real-life problem solver. There is no denying
that a lawyer should provide competent representation to a client.

Every lawyer must use fundamental legal research tools and implement an effective and
efficient research plan to provide competent representation.

In everyday exercise, lawyers have to identify and analyze factual material, identify the legal
context in which factual issues arise, identify legal issues and apply relevant legal provisions
to facts. They have to relate the central legal and factual issues to each other and identify
the legal, factual, and other issues presented by documents.

Legal research is critically important for initiating legal reform and change in society.

Legal research may be driven by current and proposed legislation’s social, political, and
economic implications. Law must keep pace with social change. Law has to either respond
to social change or initiate social change.

Legal research can help find out the old laws that need reforms.

Legal research can initiate a new theory of law change with your help carrying existing
theory. Legal research findings may help bring about desired changes in existing laws and
legal institutions.
Types of legal research

 Descriptive legal research: Descriptive legal research indicates the

phenomenon or situation under study and its various characteristics.

‘What has happened’ and ‘what is happening’ is the main focus of this

research. It does not attempt to answer the question ‘why it has

happened’. In other words, it does not try to find out the causes of the

phenomenon, rather it seeks to describe the study as it is at present.

 Analytical legal research : Analytical legal research indicates the use

of already available facts and information to critically study the
situation. It analyzes the whole range of facts and information
critically.

 Applied legal research: It aims to find the solution for the problem
practically. Here, a legal researcher tries to do his research in a
practical context.

 Fundamental legal research: It is concerned with the generalization

and formulation of the theory. This research is done merely to increase
the knowledge in a field of inquiry.

 Quantitative legal research: It is conducting research based on

numerical data. It seeks to measure the quantity or amount. A
systematic and scientific investigation of quantifiable reports for
understanding their inter-relation.

 Qualitative legal research: It is basically concerned with the

qualitative phenomenon i.e. relating to quality or characteristic. It
relies on the reasoning behind various aspects of behaviour.

 Conceptual legal research: It is related to an abstract theory or

idea. Generally used by philosophers and thinkers either to develop or
re-interpret the existing concept.

 Empirical legal research: It is done by relying upon experience or

observation alone, often without due regard for any system or theory.
It is also known as experimental research.
Tips to conducting an effective legal research
Some tips for conducting effective legal research are as:

 Always start with secondary sources. Though some people prefer to

start from the primary sources, creating from secondary sources is
the best way, to begin with, legal research. It helps in saving time
and makes the research process effective and efficient.
 You can always start with the news articles. There you will mostly
get reliable information and also the opinions of different jurists.
 To find the correct and reliable legal information, you can always
refer to the legal websites (discussed later on) to boost your
research.
 Try to read judgements as they are a great source of information
and can help make articles exhaustive.
 Remember that whatever information you search for and find
relevant for yourself, bookmark it somewhere. Otherwise, you will
have to go back again and find that pertinent piece of information.
 Also, you can follow the 10-minute rule by Ramanuj Mukherjee
(CEO, Lawsikho) to save your time in conducting legal research. The
10-minute rule says that you do the research for 10 minutes and
after it, whatever you read, write for 10 minutes. In this way, you
will not miss out on any critical points while doing research and
writing. This will save you a lot of time and will have a positive
effect on your article.
 Avoiding plagiarism at all costs. If you have used somebody’s idea
in the information you’re disseminating, duly credit them. It
becomes really easy if you have saved the sources. Also, you can
cite the sources without facing any difficulty. There are different
types of citation methods like Bluebook, Chicago, Oscola etc.