BABASHEB BHIM RAO AMBEDKAR UNIVERSITY, LUCKNOW

ASSIGNEMENT TOPIC:
Legal Research, Its Types and the Research
Process
SUBMITTED TO: DR.SHAILESH MISHRA
SUBJECT: Legal Writing and Research
Methodology(LB-903)
SUBMITTED BY: KISHAN CHATURVEDI
ROLL NO:

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 ACKNOWLEGEMENT
First and foremost, I would like to express my sincere gratitude to my
teacher, DR.SHAILESH MISHRA, who has been a constant source
of guidance and support throughout this assignment. His advice has
helped me to develop my ideas. Without his support, this work would
not have been possible. I would also like to thank the friends and
peers of my institution, who have provided me with the necessary
resources and support to complete this project. Their support and
belief in my abilities have been a source of inspiration and
motivation.
In conclusion, I would like to thank everyone who has contributed to
the successful completion of this work. Your support and
encouragement have been invaluable, and I am truly grateful for your
assistance.

KISHAN CHATURVEDI

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 DECLARATION

I hereby declare that the project titled Legal Research, Its Types and
the Research Process researched and submitted by me to
BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY,
LUCKNOW in partial fulfilment of the requirement for submission
under the guidance and supervision of Prof. Dr. SHAILESH
MISHRA is an original and bona-fide work carried out in academic
interest. This work has not been submitted to any institution. These
views expressed in this work are mine and do not represent any
person, organization or community.

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 TABLE OF CONTENT

1. Research Methodology
2. Introduction
3. Meaning of legal research and Its Objectives
4. Purposes of legal research
5. Types of legal research
6. Legal Research process
7. Importance of Legal Research
8. Conclusion
9. Bibliography

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 Research Methodology

(I) Title of the Project

“Legal Research, Its Types and the Research Process”
(II) OBJECTIVE
The primary objective of the project is to state the basic
concept of the topic. The project aim is limited but is to
give a general overview of the topic.
(III) METHOD
The research method adopted is doctrinal due to the
limited knowledge of the researcher about the topic.
(IV) SOURCE OF DATA
Secondary source of data consisting of books article and
various e-resources have been used in the study.

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 Introduction

‘Research’, in simple terms, can be defined as ‘systematic

investigation towards increasing the sum of human knowledge’ and as
a ‘process’ of identifying and investigating a ‘fact’ or a ‘problem’
with a view to acquiring an insight into it or finding an apt solution
therefore.
In this backdrop, the present course on Legal Research Methods
intends to acquaint the students of law with scientific methods of
inquiry into law. It also intends to make them familiar with nature,
scope, and significance of legal research. In addition, it endeavours to
make them aware of role of legal research in the development of law
and legal institutions, in particular and socio-economic development
of the country in general.

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Meaning of legal research and Its Objectives
The Advanced Learner’s Dictionary of Current English spells out the
meaning of ‘research’ as ‘a careful investigation or inquiry
specifically through search for new facts in any branch of
knowledge’ 1. Redman and Mory, in a similar tone, define research as
a ‘systematized effort to gain new knowledge’. According to the
Webster’s International Dictionary, ‘research’ is ‘a careful, critical
inquiry or explanation in seeking facts or principles; diligent
investigation in order to ascertain something’. 2 A combined reading
of the above-mentioned ‘explanations’ of the term ‘research’ reveals
that ‘research’ is the ‘careful, diligent and exhaustive investigation of
a specific subject matter’ with a view to knowing the truth and
making original contribution in the existing stock of knowledge. It is,
in short, ‘systematic search’ in ‘pursuit of knowledge’ of the
researcher.
The area of law is as dynamic as our society. A complementary
relationship of law and society here comes to play a vital role.
Therefore, it becomes essential to review the laws and see whether
they are suited to the best interests of society or not. Here, legal
research comes into play. A systematic search and knowing the truth
and making original contribution in the existing stock of knowledge
of the law on any identified topic to advance the science of law is
known as legal research.
Legal research is a broad area that leads to an inquiry and
investigation consistently made by judges, lawyers, advocates, law
students, and legal researchers in the quest for a deeper and fuller
understanding of the law. To support legal-decision making, legal
research comes into the limelight. It identifies and retrieves the
information to make the complex process simplified.

1
The Advanced Learner’s Dictionary of Current English (Oxford, 1952) 1069
2
L V Redman and A V H Mory, The Romance of Research (1923) 10

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Objectives of Research
The purpose of research, thus, is to acquire knowledge or to know
about ‘something’ in a scientific and systematic way. The research
objective of a given research study may fall under either of the
following broad categories of ‘research objectives’:
1. To gain familiarity with a phenomenon or to achieve new insights
into it.
2. To portray accurately the characteristics of a particular individual,
situation or a group.
3. To determine the frequency with which something occurs or with
which it is associated.
4. To test causal relationship between two or more than two facts or
situations.3
5. To ‘know’ and ‘understand’ a phenomenon with a view to
formulating the problem precisely.
6. To ‘describe’ accurately a given phenomenon and to test
hypotheses about relationships among its different dimensions.

3
C R Kothari, Research Methodology: Methods and Techniques (New Age International Publishers,

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 Purposes of legal research
Law is dynamic as our society is. It operates in a complex structure of
society. Behavioral norms and attitudes are controlled and molded 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. 4

4
https://blog.ipleaders.in/all-you-need-know-about-legal-research/#What_is_research

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 Types of legal research

According to C R Kothari, the basic types of research are: (i)

Descriptive and Analytical Research, (ii) Applied and Fundamental
Research, (iii) Quantitative and Qualitative Research, and (iv)
Conceptual and Empirical Research. 5
Each one of these is briefly discussed here below:
1. Descriptive and Analytical Research
Descriptive research describes the state of affairs as it exists at
present. It merely describes the phenomenon or situation under study
and its characteristics. It reports only what has happened or what is
happening. It therefore does not go into the causes of the phenomenon
or situation. The methods commonly used in descriptive research are
survey methods of all kinds, including comparative and co-relational
methods, and fact-finding enquiries of different kinds. Thus,
descriptive research cannot be used for creating causal relationship
between variables. While in analytical research, the researcher uses
his facts or information already y available and makes their analysis
to make a critical evaluation of the material.
2. Applied and fundamental legal research
Applied legal research aims to find the solution for the problem
practically. Here, a legal researcher tries to do his research in a
practical context. It aims to discover a solution for a pressing practical
problem. It is also known by Action research However, Fundamental
legal research is concerned with the generalization and formulation of
the theory. This research is done merely to increase the knowledge in
a field of inquiry. It aims to find additional information and thereby to
add to the existing knowledge. It is also known as Pure research or
Basic research.

5
C R Kothari, Research Methodology: Methods and Techniques supra n 4, 10,pp2-5.

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3. Quantitative and Qualitative legal research
Quantitative research is based on the measurement of quantity or
amount. It is applicable to a phenomenon that can be expressed in
terms of quantity. It is systematic scientific investigation of
quantitative properties of a phenomenon and their inter-relation. The
objective of quantitative research is to develop and employ
mathematical models, theories and hypotheses pertaining to the
phenomenon under inquiry. The process of measurement, thus, is
central to quantitative research because it provides fundamental
connection between empirical observation and mathematical
expression of quantitative relationship.
Qualitative research, on the other hand, is concerned with qualitative
phenomenon, i.e. phenomenon relating to or involving quality or kind.
For example, when a researcher is interested in investigating the
reasons for, or motives behind, certain human behavior, say why
people think or do certain things, or in investing their attitudes
towards, or opinions about, a particular subject or institution, say
adultery or judiciary, his research becomes qualitative research.
4. Conceptual and Empirical legal research
Conceptual research is related to some abstract idea(s) or theory. It is
generally used by philosophers and thinkers to develop new concepts
or to re-interpret the existing ones. On the other hand, empirical
research relies on experience or observation alone, often without due
regard for system or theory. It is data-based research, coming up with
conclusions that are capable of being verified by observation or
experiment. It is therefore also known as experimental research. In
empirical research, it is necessary to get facts firsthand, at their
source. In such a research, the researcher must first provide himself
with a working hypothesis or guess as to the probable results. He then
works to gets enough facts (i.e. data) to prove or disprove his
hypothesis.

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 Legal Research process
Every research begins with a question or a problem of some sort. The aim
of research is to know ‘something more’ about ‘something’ or to discover
answers to meaningful questions through the application of scientific
procedures. However, undertaking and executing legal research, as a
systematic inquiry, is a complex process. It involves a three-stage process.
The processes are research planning, research implementation, and
presenting of research findings. A cumulative application of these three-
stage processes of legal research and of their components leads to the
following major processes that, like any other research, involve in legal
research. They may be presented in a flowchart as under:
Identification and Formulation of a Research Problem
↓
Review of Literature
↓
Formulation of a Hypothesis (where feasible)
↓
Research Design
↓
Collection of Data
↓
Analysis of Data
↓
Interpretation of Data
↓
Research Report
These stages are not mutually exclusive. They overlap continuously rather
than following the prescribed sequence strictly. The order sketched above
is meant to provide a procedural guideline for researcher.

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 Importance of Legal Research
1. A law student should learn about research to critically analyze
information on a variety of legal issues.
2. 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.
3. 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. Because of changing social,
moral, and political contexts, many laws may lose relevance or seem
inadequate to meet society’s needs.
4. 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.
5. As essential steps of research methodology, the legal research
analysis of the facts evaluates what legal concepts may be relevant,
finds primary and secondary sources, synthesizes the relevant
principles, and apply them to the research problem.

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 Conclusion
Law usually acts within the society and they both have an impact on
each other. Legal research is a systematic understanding of the law
while keeping in mind its advancements Legal research is
fundamental to understand the intricacies of complex laws, so, it
becomes essential for us to know the process of simplifying them.
There are various kinds of research, any of which can be employed to
conduct research. It is a systematic understanding of the law to
advance it. Research is essential both for the law and society since
they both have an impact on each other. Every method has its value in
research. Hurdles that come while conducting research can be best
avoided by proper planning by the researcher.

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 Bibliography
Books
David Scott, Legal Research (Lawman, India, 2nd edn, 1999).

E-Resources
https://www.mylawman.co.in/2020/05/law-notes-legal-research-
types-and.html
https://blog.ipleaders.in/all-you-need-know-about-legal-research/
https://openai.com/blog/chatgpt

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