UNIT 1

1 LEGAL EDUCATION

According to the Indian Law Commission, “Legal education is a science that imparts to students
knowledge of specific principles and legal provisions to enable them to enter the legal profession.”
Producing lawyers with a social conscience is the primary goal of legal education. But in the modern era,
legal education ought to be seen as a tool for social design as well as a means of producing lawyers.

The legal profession is a noble calling, and its members enjoy a very high status, according to Justice
Krishna Iyer. Every society is built on the rule of law, which also produces law-abiding citizens, lawyers,
academics, and future judges. In India, legal education refers to the training that lawyers receive before
they start practising.

Aims

 To train students for the legal profession;

 To educate the students to solve the individual client’s problems as well as to solve the society’s
problems in which he lives;

 To provide a centre where scholars might contribute to the understanding of the law and
participate in their growth and improvement;

 To inculcate students with operative legal rules and to provide them adequate experience to apply
these rules;

 To point the right road for future development.

Objectives of legal education

 o develop research of value to education and society with the use of educational facilities.

 Provide students with a comprehensive understanding of the legal system: This includes
teaching students about the sources of law, the structure of the legal system, and the
processes of legal reasoning and decision-making.

 To generate different kinds of skills and knowledge needed for tasks in society.

 Develop students’ legal research, writing, and advocacy skills: Legal education aims to
teach students how to research and analyze legal issues, how to communicate effectively
in legal contexts, and how to present legal arguments in writing and in court.

 Encourage critical thinking and ethical behaviour: Legal education aims to teach students
how to think critically about legal issues, how to consider the implications of different
legal decisions, and how to conduct themselves ethically as lawyers.
  Prepare students for the legal profession: Legal education aims to prepare students for the
legal profession by providing them with the knowledge and skills necessary to practice
law and pass the bar exam.

 To broaden opportunity and mobility in society– notably among groups who may have
been deprived.

 Foster civic responsibility and public service: Legal education can also aim to foster civic
responsibility and public service by encouraging students to use their legal knowledge
and skills for the benefit of their communities.

 Provide a global perspective: Legal education can aim to provide a global perspective on
the law by exposing students to different legal systems and cultures, and by encouraging
them to think about the role of law in an increasingly interconnected world.

 Promote innovation and research: Legal education can aim to promote innovation and
research by encouraging students to think about new ways of approaching legal issues,
and by fostering an environment of scholarly inquiry.

 To develop perceptions and to understand the problems of one’s society and to influence
values and attitudes.

 Encourage diversity and inclusion: Legal education can aim to encourage diversity and
inclusion by providing opportunities for students from different backgrounds to study and
learn together, and by promoting an understanding of the perspectives and experiences of
different groups.

Importance of legal education

Providing the foundation for the legal profession:

Ensuring access to justice:

Promoting the rule of law:

Facilitating economic and social development:

Encouraging critical thinking:

Providing a vehicle for social change:

Encouraging professionalism and ethical behaviour:

Fostering global understanding:

2 MERITS AND DEMARITS OF LEGAL EDUCATION

I) Advantages of Law -

1) Uniformity and Certainty:

Law provides Uniformity and certainty to the administration of justice. The

same law has to be applied in all cases. There can be no distinction between one case and another
case if the facts are the same.

2) Protection against arbitrary, biased and dishonest decisions:

If the administration of Justice is left completely to the individual discretion of a judge,

improper motives and dishonest opinions could affect the distribution of justice. Law as Fixed
Principles of the law of justice avoids the danger of arbitrary, biased and dishonest decisions.

3) Freedom from errors of individual judgement:

The fixed principles of law protect the administration of justice from the errors of individual
judgement. Commenting on this aspect of law, the Greek Philosopher Aristotle observed that "to
seek to be wiser than the law is the very thing which is by good laws forbidden." This, in other
words, means that "law is not always necessarily wise but on the whole and in the long run it is
wiser than those who administer it".

4) Reliability :

There is another advantage of law is its reliability. It is more reliable than the individual
judgements of the Courts. The human mind is fallible and judges are no exception. The wisdom
of the legislature which represents the wisdom of the people is safer and more reliable means of
protection than the momentary fancy of the individual judge.
II) Disadvantages of Law:
Law has not only advantages but some disadvantages also, Disadvantages of law are as follows:

1) The rigidity of law:

An Ideal legal system keeps on changing according to the changing needs of the people. But
because of the rigidity of law, it is unable to keep pace with the fast-changing society. There is
always a gap between the advancement of society and the legal system prevailing in it. The lack
of flexibility in law results in hardship and injustice to the people.

2) Conservative Nature: Another disadvantage of law is that its Conservative Nature. Law is
conservative in its approach. The Bar and Bench are generally conservative in their approach to
the dispensation of justice. The result is is that very often the law is static. This is not conducive
to a progressive society.

3) Formalism : The Law suffers from excessive formalism greater emphasis laid on the form of
law rather than its substance. Undue formalism causes unnecessary delay in dispensation of
justice.

4) Complexity : Another disadvantage of law is its Complexity. It is true that every law effort is
made to make law as simple as possible but it is not possible to make every law simple. That is
due to the Complex nature of modern society.

3 DISCUSSION METHOD AND ITS SUITABILITY AT POSTGRADUATE LEVEL TEACHING

Exchange of ideas between several people is the best process of learning and teaching from one
another. It is called discussion method of teaching and learning. In the classroom environment,
discussion is the best way of promoting conducive learning and convenient teaching situation. It
refers to the method of instruction which give pupils an opportunity to express their views or
opinions orally on certain issues. One person speaks at a time, while others are listening.

Preparation of Discussion Method

1. The teacher should create such a classroom environment in which all the students can
freely exchange their ideas.

2. Proper seating arrangement should be made for the students. The proper arrangement is
such that all the students can see each other and teachers can also see all the students.

3. The content of the debate should be clear to the students.

 4. To prepare for the debate, the students should be told in advance.

Key Parts of Discussion Method

(1) Leader, (2) Group (3) Problem (4) Content (5) Evaluation

Conduction of Discussion Method

The debate can be started by both the student and the teacher. The student or teacher can start the
debate by telling a story, creating a problem, showing an object, showing a picture or describing
an event. How to start a debate depends on the purpose of the debate. He needs to reach his
objectives once the debate starts.

The Advantages of Discussion Method of Teaching

1. Emphasis on Learning instead of Teaching:-

2. Participation by Everybody

3. Development of Democratic way of Thinking

4. Training in Reflective Thinking

5. Training of Self-expression

6. Spirit of Tolerance is inculcated

4 SEMINAR METHOD

The seminar method is the most modern and advanced method of teaching. A seminar is an
advanced group technique which is usually used in higher education. It is an instructional
technique it involves generating a situation for a group to have a guided interaction among
themselves on a theme. It refers to a structured group discussion what usually follows a formal
lecture or lectures often in the form of an essay or a paper presentation on a theme.

Aim & Objectives of Seminar Method:

This seminar method is utilized to realize the higher objectives of cognitive and affective
domains.
Cognitive objectives i. To develop higher cognitive abilities.

ii. To develop the ability of responding in this manner would involve higher cognitive actions.

iii. To develop the ability of keen observation of experience, feelings and

iv. To develop the ability to seek clarification and defend the ideas of others effectively

Affective objectives

i. To develop the feeling of tolerance to the opposite ideas of others.

ii. To develop the feelings of co-operation with other colleagues and respect of the ideas and
feelings of others.

iii. To develop the emotional ability among the participants of the seminar.

iv. To acquire the good manners of putting questions and answering the questions of others
effectively.

Types of Seminar Seminars are conducted in various stages.

Based on the size and organizational aspects the seminars can be classified in to four types.

1. Mini seminar

2. Major seminar

3. National seminar

4. International seminar
Examination system and problems in evaluation -external and internal
assessment

Indian education system has evolved over the years. Technology is going to play key role in the
future considering its advantage of scalability/ cost effectiveness. Examination process can be
simplified with the help of advance technology.

The education sector in our country is booming. India has the largest student population in the
world, a staggering 315 million students. To put that in perspective India’s student population is
nearly the same as the entire population of the United States of America.

Current social distancing norms have resulted in increase in adoption of technology for education
processes. Online exams are going to get disrupted with the new technology of proctoring, AI-
driven evaluations.

In recent years, numerous incidents of paper leaks have been reported. Paper leaking is a
common malpractice that plagues examinations, from the Central Board of Secondary Education
(CBSE) to the Railway Recruitment Board (RRB) to State and Union Public Service
Commissions (PSCs) have suffered from paper leaks multiple times.

UNIT 2

1 RESEARCH METHODS

Research methods are specific procedures for collecting and analyzing data. Developing your
research methods is an integral part of your research design. When planning your methods, there
are two key decisions you will make.

First, decide how you will collect data.

 Qualitative vs. quantitative: Will your data take the form of words or numbers?

 Primary vs. secondary: Will you collect original data yourself, or will you use data that
has already been collected by someone else?

 Descriptive vs. experimental: Will you take measurements of something as it is, or will
you perform an experiment?
Second, decide how you will analyze the data.

 For quantitative data, you can use statistical analysis methods to test relationships
between variables.

 For qualitative data, you can use methods such as thematic analysis to interpret patterns
and meanings in the data.

Qualitative vs. quantitative data

Your choice of qualitative or quantitative data collection depends on the type of knowledge you
want to develop.

For questions about ideas, experiences and meanings, or to study something that can’t be
described numerically, collect qualitative data.

If you want to develop a more mechanistic understanding of a topic, or your research

involves hypothesis testing, collect quantitative data.

 Pros  Cons

Qualitative  Flexible – you can often adjust your  Can’t be analyzed statistically, and
methods as you go to develop new not generalizable to broader
knowledge. populations.
 Can be conducted with small  Difficult to standardize research, at
samples. higher risk for research bias.

Quantitative  Can be used to systematically  Requires statistical training to

describe large collections of things. analyze data.
 Generates reproducible knowledge.  Requires larger samples.

Primary vs. secondary research

Primary research is any original data that you collect yourself for the purposes of answering your
research question (e.g. through surveys, observations and experiments). Secondary research is
data that has already been collected by other researchers (e.g. in a government census or previous
scientific studies).

If you are exploring a novel research question, you’ll probably need to collect primary data. But
if you want to synthesize existing knowledge, analyze historical trends, or identify patterns on a
large scale, secondary data might be a better choice.
  Pros  Cons

Primary
 Can be collected to answer your  More expensive and time-
specific research question. consuming to collect.

 You have control over the sampling  Requires training in data

and measurement methods. collection methods.

Secondary
 Easier and faster to access.
 You can collect data that spans longer
timescales and broader geographical
locations.
 No control over how data was
generated.
 Requires extra processing to
make sure it works for your
analysis.

Descriptive vs. experimental data

In descriptive research, you collect data about your study subject without intervening.
The validity of your research will depend on your sampling method.

In experimental research, you systematically intervene in a process and measure the outcome.
The validity of your research will depend on your experimental design.

To conduct an experiment, you need to be able to vary your independent variable, precisely
measure your dependent variable, and control for confounding variables. If it’s practically and
ethically possible, this method is the best choice for answering questions about cause and effect.
  Pros  Cons

Descriptive  Allows you to describe your  No control over confounding

research subject without variables.
influencing it.
 Can’t establish causality.
 Accessible – you can gather more
data on a larger scale.

Experimental  More control over confounding  You might influence your

variables. research subject in unexpected
ways.
 Can establish causality.
 Usually requires more expertise
and resources to collect data.

2 SOCIO LEGAL RESEARCH

Socio-Legal Research or Study is an event where the science of law meets that the science of
society. This research requires a multidisciplinary approach to analyze and interpret the law, the
legal phenomenon, the relationship between those two and also their relationship with the society
in its widest sense. Socio-Legal Research has its theoretical, practical and methodological bases
in the social sciences. Law is an important aspect when it comes to any social investigation. The
originates and functions in a society based upon the particular needs, customs, traditions of the
society and it also possesses the ability to greatly influence the social structure and functions of
any society. Therefore, just as researchers are clueless and hapless if they have no knowledge of
even the basics of the law, legal system and the various important if not all the law institutions,
legal researchers too would be clueless and hapless and would do no justice whatsoever to legal
inquiry if they do not possess the basic knowledge and are not aware of the mechanics of social
research methods.

CHALLENGES IN SOCIO-LEGAL RESEARCH

In today’s world we will find that most lawyers, judges and jurists collectively agree upon the
fact that legal research is a source of progression in the country, even though it may differ in
qualitative terms when compared many other countries. Law, like all other disciplines can never
be an isolated one. The legal rules and provisions that prevail are in relation to various real life
factual situations that may potentially arise and so that those legal rules and provisions may be
applied to produce certain desirable outcomes. The various intellectual disciplines such as
history, science (both physical and social), religion and philosophy are related to and influence
the factual situations are also connected to law.

3 DOCTRINAL AND NON – DOCRINAL RESEARCH

Doctrinal research

Meaning and definition

Dr S.R. Myneni has defined, “A doctrinal research means a research that has been carried out on
a legal proposition or propositions by way of analyzing the existing statutory provisions and
cases by applying the reasoning power.” (Tiwary 2020)

Doctrinal research has the root word “doctrine” which means a principle or a basic governing
tenet. That means, the legal doctrine would include legal principles and tenets that would govern
the legal world. Therefore, it implies that doctrinal legal research would involve digging deeper
into the legal principles and concepts from various sources like cases, precedents, statutes and
others; to analyze them and reach valid conclusions.

Non-doctrinal research

Meaning and definition

Non-doctrinal research, also known as social-legal research, is research that employs methods
taken from other disciplines to generate empirical data that answers research questions. (Salim
Ibrahim Ali 2017)

Non-doctrinal research takes a multi-disciplinary approach towards legal research. It employs

methods and information available from other disciplines to make a comprehensive approach
towards law. It employs primary sources of legal information to reach a conclusion. Primary
sources may include observations, experiments, questionnaires, surveys, etc. With the help of
these sources, we analyze the practical aspects of law like the effect of its implementation in
non-legal fields and society as a whole. Basically, we take a legal variable which could be a law
along with a non-legal variable like economic, social, political, etc. and study their relationship
by data collected, which could be qualitative or quantitative. Its area of focus is how the law
works in the real world.
Comparison between doctrinal and non-doctrinal research

 Doctrinal research is theoretical research, while on the other hand, non-doctrinal research
is more practical.

 Doctrinal research has its roots in the analytical or positivist school of thought. But non-
doctrinal research comes from the realist school of thought.

 Doctrinal research is based on secondary sources of information, like articles,

commentaries, textbooks, etc. But non-doctrinal research is based on primary sources like
surveys and case studies.

 Non-doctrinal research includes fieldwork but doctrinal research is library-based arm-

chair research that does not involve going to the field.

 Doctrinal research is more concerned with the question “What is law” and studying law
exclusively. But non-doctrinal research studies law in connection with society and
various non-legal aspects that affect the law. It is socio-legal research.

 The scope of doctrinal research is narrower concerning the law in isolation. But non-
doctrinal research has a wider scope and studies law in comprehensive terms.

4 RELEVENCE OF EMPERICAL RESEARCH

mpirical research is defined as any research where conclusions of the study is strictly drawn from
concretely empirical evidence, and therefore “verifiable” evidence.

Steps for conducting empirical research

Step #1: Define the purpose of the research

Step #2 : Supporting theories and relevant literature

Step #3: Creation of Hypothesis and measurement

Step #4: Methodology, research design and data collection

Step #5: Data Analysis and result

Step #6: Conclusion

5 INDUCTION AND DEDUCTION RESEARCH

Inductive research approach

When there is little to no existing literature on a topic, it is common to perform inductive
research, because there is no theory to test. The inductive approach consists of three stages:

1. Observation
o A low-cost airline flight is delayed
o Dogs A and B have fleas
o Elephants depend on water to exist
2. Seeking patterns
o Another 20 flights from low-cost airlines are delayed
o All observed dogs have fleas
o All observed animals depend on water to exist
3. Developing a theory or general (preliminary) conclusion
o Low cost airlines always have delays
o All dogs have fleas
o All biological life depends on water to exist

Deductive research approach

When conducting deductive research, you always start with a theory. This is usually the result of
inductive research. Reasoning deductively means testing these theories. Remember that if there
is no theory yet, you cannot conduct deductive research.

The deductive research approach consists of four stages:

1. Start with an existing theory and create a problem statement

o Low cost airlines always have delays
o All dogs have fleas
o All biological life depends on water to exist
2. Formulate a falsifiable hypothesis, based on existing theory
o If passengers fly with a low cost airline, then they will always experience delays
o All pet dogs in my apartment building have fleas
o All land mammals depend on water to exist
3. Collect data to test the hypothesis
o Collect flight data of low-cost airlines
o Test all dogs in the building for fleas
o Study all land mammal species to see if they depend on water
4. Analyze and test the data
o 5 out of 100 flights of low-cost airlines are not delayed
o 10 out of 20 dogs didn’t have fleas
o All land mammal species depend on water
5. Decide whether you can reject the null hypothesis
o 5 out of 100 flights of low-cost airlines are not delayed = reject hypothesis
o 10 out of 20 dogs didn’t have fleas = reject hypothesis
UNIT 4

1 JURIMATRICS

JURIMETRICS

The study of law and science.

Used primarily in academia to mean a strictly empirical approach to the law, the
term jurimetrics originated in the 1960s as the use of computers in law practice began to
revolutionize the areas of legal research, evidence analysis, and data management. A neologism
whose roots suggest jurisprudence and measurement, it was popularized by the american bar
association (ABA), whose quarterly Jurimetrics Journal of Law, Science, and Technology is a
widely respected publication with an international focus.

Although the effect of science on law has a long history, modern developments date only to the
second half of the twentieth century. Precipitating the rise of the contemporary legal practice—
which relies heavily on computers to research relevant law and, in some cases, to analyze
evidence—was an emphasis on logical reasoning. Leading the way in this area was the ABA,
which in 1959 began publishing in its journal Modern Uses of Logic in Law papers arguing in
favor of applying a strict, systematic approach to the law. The advent of more powerful and
affordable computers allowed symbolic logic (the use of formulas to express logical problems) to
be applied on a more practical scale.

2 RULES OF TABULATION

Tabulation is the systematic and logical representation of figures in rows and columns to ease
comparison and statistical analysis. It eases comparison by bringing related information closer to
each other and helps further in statistical research and interpretation. In other words, tabulation is
a method of arranging or organizing data in a tabular form. The tabulation process may be simple
or complex depending upon the type of categorization.

Essential Parts of a Table? tabulate data correctly, one must learn about the eight essential parts
of a table. These are as follows –

1. Table Number – This is the first part of a table and is given on top of any table to
facilitate easy identification and for further reference.
2. Title of the Table – One of the most important parts of any table is its title. The title is
either placed just below the table number or at its right.It is imperative for the title to be brief,
crisp and carefully-worded to describe the tables’ contents effectively.

3. Headnote –The headnote of a table is presented in the portion just below the title. It
provides information about the unit of data in the table, like “amount in Rupees” or “quantity in
kilograms”, etc.

4. Column Headings or Captions – The headings of the columns are referred to as the
caption. It consists of one or more column heads. A caption should be brief, short, and self-
explanatory, Column heading is written in the middle of a column in small letters.

5. Row Headings or Stubs – The title of each horizontal row is called a stub.

6. Body of a Table – This is the portion that contains the numeric information collected
from investigated facts. The data in the body is presented in rows which are read horizontally
from left to right and in columns, read vertically from top to bottom.

7. Footnote – Given at the bottom of a table above the source note, a footnote is used to
state any fact that is not clear from the table’s title, headings, caption or stub. For instance, if a
table represents the profit earned by a company, a footnote can be used to state if said profit is
earned before, or after tax calculations.

8. Source Note – As its name suggests, a source note refers to the source from where the
table’s information has been collected.

Types of Tabulation

1. Simple Tabulation or One-way TabulationWhen the data in the table are tabulated to
one characteristic, it is termed as a simple tabulation or one-way tabulation.

For example, Data tabulation of all the people of the World is classified according to one
single characteristic like religion.

2 Double Tabulation or Two-way TabulationWhen the data in the table are tabulated
considering two different characteristics at a time, then it is defined as a double tabulation or
two-way tabulation.
For example, Data tabulation of all the people of the World is classified by two different
characteristics like religion and sex.
3. Complex Tabulation
When the data in the table are tabulated according to many characteristics, it is referred to as a
complex tabulation.

For example, Data tabulation of all the people of the World is classified by three or more
characteristics like religion, sex, and literacy, etc.

What are the Rules of Tabulation?

There are a few general rules that have to be followed while constructing tables. These are –

 The tables illustrated should be self-explanatory, simple and attractive. There should be
no need for further explanation (details). If the volume of information is substantial, it is
best to put them down in multiple tables instead of a single one. This reduces the chances
of mistakes and defeats the purpose of forming a table. However, each table formed
should also be complete in itself and serve the purpose of analysis.

 The number of rows and columns should be kept minimal to present information in a
crisp and concise manner.

 Before tabulating, data should be approximated, wherever necessary.

 Stubs and captions should be self-explanatory and should not require the help of
footnotes to be comprehended.

 If certain positions of data collected cannot be tabulated under any stub or captions, they
should be put down in a separate table under the heading `` miscellaneous.

 Quantity and quality of data should not be compromised under any scenario while
forming a table.
4 ANALYSIS OF QUALITATIVE AND QUANTATIVE DATA

Qualitative and differ in their approach and the type of data they collect.

Quantitative data refers to any information that can be quantified — that is, numbers. If it can be
counted or measured, and given a numerical value, it's quantitative in nature. Think of it as a
measuring stick.

Quantitative variables can tell you "how many," "how much," or "how often."

quantitative research?

It’s all about the numbers. Quantitative research is based on the collection and interpretation of
numeric data. It focuses on measuring (using inferential statistics) and generalizing results.

What is qualitative data?

Unlike quantitative data, qualitative data is descriptive, expressed in terms of language rather
than numerical values.

Qualitative data analysis describes information and cannot be measured or counted. It refers to
the words or labels used to describe certain characteristics or traits.

You would turn to qualitative data to answer the "why?" or "how?" questions. It is often used to
investigate open-ended studies, allowing participants (or customers) to show their true feelings
and actions without guidance.

What is qualitative research?

Qualitative research does not simply help to collect data. It gives a chance to understand the
trends and meanings of natural actions. It’s flexible and iterative.

Qualitative research focuses on the qualities of users—the actions that drive the numbers. It's
descriptive research. The qualitative approach is subjective, too.

It focuses on describing an action, rather than measuring it.

What are the differences between qualitative vs. quantitative data?

When it comes to conducting data research, you’ll need different collection, hypotheses and
analysis methods, so it’s important to understand the key differences between quantitative and
qualitative data:

 Quantitative data is numbers-based, countable, or measurable. Qualitative data is

interpretation-based, descriptive, and relating to language.

 Quantitative data tells us how many, how much, or how often in

calculations. Qualitative data can help us to understand why, how, or what happened
behind certain behaviors.

 Quantitative data is fixed and universal. Qualitative data is subjective and unique.

 Quantitative research methods are measuring and counting. Qualitative

research methods are interviewing and observing.

 Quantitative data is analyzed using statistical analysis. Qualitative data is analyzed by

grouping the data into categories and themes.

What are the advantages and disadvantages of quantitative data?

Each type of data set has its own pros and cons.

Advantages of quantitative data

 It’s relatively quick and easy to collect and it’s easier to draw conclusions from.

 When you collect quantitative data, the type of results will tell you which statistical tests
are appropriate to use.

 As a result, interpreting your data and presenting those findings is straightforward and
less open to error and subjectivity.

Another advantage is that you can replicate it. Replicating a study is possible because your data
collection is measurable and tangible for further applications.
Disadvantages of quantitative data

 Quantitative data doesn’t always tell you the full story (no matter what the perspective).

 With choppy information, it can be inconclusive.

 Quantitative research can be limited, which can lead to overlooking broader themes and
relationships.

 By focusing solely on numbers, there is a risk of missing larger focus information that
can be beneficial.

What are the advantages and disadvantages of qualitative data?

Advantages of qualitative data

 Qualitative data offers rich, in-depth insights and allows you to explore context.

 It’s great for exploratory purposes.

 Qualitative research delivers a predictive element for continuous data.

Disadvantages of qualitative data

 It’s not a statistically representative form of data collection because it relies upon the
experience of the host (who can lose data).

 It can also require multiple data sessions, which can lead to misleading conclusions.