ICT & Legal Research

What is Research?
A careful consideration of study regarding a
particular concern or problem using scientific
methods. According to the American
sociologist Earl Robert Babbie, “Research is a
systematic inquiry to describe, explain, predict,
and control the observed phenomenon.
Research involves inductive and deductive
methods.”
 Research Methodology
Research methodology simply refers to the practical “how”
of any given piece of research. More specifically, it’s
about how a researcher systematically designs a study to
ensure valid and reliable results that address the research
aims and objectives.

Research methodology is the specific procedures or

techniques used to identify, select, process, and analyze
information about a topic. In a research paper, the
methodology section allows the reader to critically
evaluate a study’s overall validity and reliability.
 Types of Research
•Basic research: A basic research definition is data collected to enhance knowledge. The main motivation is knowledge expansion. It is a non-
commercial research that doesn’t facilitate in creating or inventing anything. For example: an experiment to determine a simple fact.

•Applied research: Applied research focuses on analyzing and solving real-life problems. This type refers to the study that helps solve practical
problems using scientific methods. Studies play an important role in solving issues that impact the overall well-being of humans. For example:
finding a specific cure for a disease.

•Problem oriented research: As the name suggests, problem-oriented research is conducted to understand the exact nature of a problem to find
out relevant solutions. The term “problem” refers to multiple choices or issues when analyzing a situation.
For example, revenue of a car company has decreased by 12% in the last year. The following could be the probable causes: there is no optimum
production, poor quality of a product, no advertising, or economic conditions.

•Problem solving research: This type of research is conducted by companies to understand and resolve their own problems. The problem-solving
method uses applied research to find solutions to the existing problems.

•Qualitative research: Qualitative research is a process that is about inquiry. It helps create in-depth understanding of problems or issues in their
natural settings. This is a non-statistical method.
 Characteristics of Research
• A systematic approach must be followed for accurate data. Rules and procedures are an integral part of the
process that set the objective. Researchers need to practice ethics and a code of conduct while making
observations or drawing conclusions.

• Research is based on logical reasoning and involves both inductive and deductive methods.

• The data or knowledge that is derived is in real time from actual observations in natural settings.

• There is an in-depth analysis of all data collected so that there are no anomalies associated with it.

• Research creates a path for generating new questions. Existing data helps create more opportunities for
research.

• Research is analytical in nature. It makes use of all the available data so that there is no ambiguity in
inference.

• Accuracy is one of the most important aspects of research. The information that is obtained should be accurate
and true to its nature. For example, laboratories provide a controlled environment to collect data. Accuracy is
measured in the instruments used, the calibrations of instruments or tools, and the final result of the
experiment.
 Steps to Carry out Research
• Step 1:Identify the Problem
• Step 2: Review the Literature
• Step 3: Clarify the Problem
• Step 4: Clearly Define Terms and Concepts
• Step 5: Define the Population
• Step 6: Develop the Instrumentation Plan
• Step 7: Collect Data
• Step 8: Analyze the Data
 Research Design
The research design refers to the overall
strategy that you choose to integrate the
different components of the study in a
coherent and logical way, thereby, ensuring you
will effectively address the research problem; it
constitutes the blueprint for the collection,
measurement, and analysis of data. Note that
your research problem determines the type of
design you can use, not the other way around!
 Characteristics of Research Design

The function of a research design is to ensure that the evidence obtained enables
you to effectively address the research problem as unambiguously as possible. In
social sciences research, obtaining evidence relevant to the research problem
generally entails specifying the type of evidence needed to test a theory, to evaluate
a program, or to accurately describe a phenomenon. However, researchers can often
begin their investigations far too early, before they have thought critically about
what information is required to answer the study's research questions. Without
attending to these design issues beforehand, the conclusions drawn risk being weak
and unconvincing and, consequently, will fail to adequate address the overall
research problem.
Given this, the length and complexity of research designs can vary
considerably, but any sound design will do the following things:
• Identify the research problem clearly and justify its selection,
• Review previously published literature associated with the problem area,
• Clearly and explicitly specify hypotheses [i.e., research questions] central to the
problem selected,
• Effectively describe the data which will be necessary for an adequate test of the
hypotheses and explain how such data will be obtained, and
• Describe the methods of analysis which will be applied to the data in determining
whether or not the hypotheses are true or false.
 Data Collection
Data collection is the process of gathering and
measuring information on variables of interest, in an
established systematic fashion that enables one to
answer stated research questions, test hypotheses,
and evaluate outcomes. The data collection
component of research is common to all fields of
study including physical and social sciences,
humanities, business, etc. While methods vary by
discipline, the emphasis on ensuring accurate and
honest collection remains the same
 Accurate data collection is essential to maintaining the integrity of
research. Both the selection of appropriate data collection instruments
(existing, modified, or newly developed) and clearly delineated
instructions for their correct use reduce the likelihood of errors occurring.

Consequences from improperly collected data include:

• inability to answer research questions accurately
• inability to repeat and validate the study
• distorted findings resulting in wasted resources
• misleading other researchers to pursue fruitless avenues of investigation
• compromising decisions for public policy
• causing harm to human participants and animal subjects
 Hypothesis
The hypothesis is an assumption that is made
on the basis of some evidence. This is the
initial point of any investigation that translates
the research questions into a prediction. It
includes components like variables,
population, and the relation between the
variables. A research hypothesis is a
hypothesis that is used to test the relationship
between two or more variables.
 Characteristics of Hypothesis
• The hypothesis should be clear and precise to consider
it to be reliable.
• If the hypothesis is a relational hypothesis, then it
should be stating the relationship between variables.
• The hypothesis must be specific and should have
scope for conducting more tests.
• The way of explanation of the hypothesis must be very
simple and it should also be understood that the
simplicity of the hypothesis is not related to its
significance.
 Types of Hypothesis
Simple Hypothesis
It shows a relationship between one dependent variable and a single independent variable. For example – If
you eat more vegetables, you will lose weight faster. Here, eating more vegetables is an independent
variable, while losing weight is the dependent variable.
Complex Hypothesis
It shows the relationship between two or more dependent variables and two or more independent variables.
Eating more vegetables and fruits leads to weight loss, glowing skin, reduces the risk of many diseases
such as heart disease, high blood pressure, and some cancers.
Directional Hypothesis
It shows how a researcher is intellectual and committed to a particular outcome. The relationship between
the variables can also predict its nature. For example- children aged four years eating proper food over a
five-year period are having higher IQ levels than children not having a proper meal. This shows the effect
and direction of effect.
Non-directional Hypothesis
It is used when there is no theory involved. It is a statement that a relationship exists between two
variables, without predicting the exact nature (direction) of the relationship.
Null Hypothesis
It provides the statement which is contrary to the hypothesis. It’s a negative statement, and there is no
relationship between independent and dependent variables. The symbol is denoted by “HO”.
Associative and Causal Hypothesis
Associative hypothesis occurs When there is a change in one variable resulting in a change in the other
variable. Whereas, Causal hypothesis proposes a cause and effect interaction between two or more
variables.
 Legal Research
Legal research is the process of identifying and finding
information necessary to support legal decision making. It
is generally the process of checking for a legal precedent
that can be cited in a brief or at trial. Virtually every
lawsuit, appeal, criminal case, and the legal process
usually requires some amount of legal research. Legal
research skills are of great importance for lawyers to solve
any legal case, regardless of area or type of practice. The
most basic step in legal research is to find a noteworthy
case governing the issues in question. As most legal
researchers know, this is far more difficult than it sounds.
 Types of Legal Research
• Doctrinal Research
Doctrinal or library-based research is the most common
methodology employed by those undertaking research in law.
Doctrinal research asks, what is the law in a particular case. It is
concerned with the analysis of the legal doctrine and how it was
developed and applied. As it is well known, this is purely
theoretical research that consists of either simple research aimed
at finding a specific statement of the law, or it is legal analysis with
more complex logic and depth. In short, it is library-based research
that seeks to find the “one right answer” to certain legal issues or
questions. Thus, the aim of this type of methodology is to make
specific inquiries in order to identify specific pieces of information.
• Non Doctrinal Research
research that employs methods taken from other disciplines to generate empirical
data that answers research questions. It can be a problem, policy, or a reform of the
existing law. A legal non-doctrinal finding can be qualitative or quantitative, and a
dogmatic non-doctrinal finding can be part of a large-scale project. The non-
doctrinal approach allows the researcher to conduct research that analyses the law
from the perspective of other science disciplines, and to employ those disciplines in
drafting the law.
For example, in the behavioral sciences, there is a standard form of consumer
contract that contributes to the study of psychological phenomena:
1. The tendency of consumers not to read the standard form contract,
2. The inability of consumers to evaluate the terms of the contract correctly once
they do read. And 3. The ability of sellers to deal with consumers. Because it uses
non-sectarian legal experimental data, it provides vital insights about the law in
context, ie how the law works out in the real world. Legal research is experimental
and valuable in detecting and explaining practices and procedures in legal and
regulatory systems. It is also valuable in the settling disputes, and impacts the legal
phenomena of social institutions and businesses. Similarly, experimental legal
research in economics applies legal analysis, statistical inference, and economic
modeling, to the core areas of national and international law, such as tort, property,
contracts, criminal law, law enforcement and litigation. Earlier research can be used
to analyse the economics of legal negligence theory.
 Merits of Doctrinal Research
There are many advantages associated with library-based research methodology.
Firstly, it is often traditionally taught that legal research methods should be conducted
in the early stages of legal training. As a result, most legal scholars will focus on the
techniques used at the time, to initiate graduate research. In addition, for new
graduate students, there will be no shortage of experts capable of providing training
on ideological research. Secondly, because of the proliferation of law schools and law
firms, research conducted under this design is likely to be of more acceptable
character in the presence of legal research. Doctrinal research still represents a "base"
in the legal community and most universities demand an even higher degree of work
based on this ideological framework. For practical purposes, idiosyncratic research
methodology is required. The busy practitioner tends to be concerned with the law “as
it is” and rarely has the time to consider research that does not fit within that
paradigm and timeframe. Moreover, because of its focus on the sources of
jurisprudence, established research is more manageable and results more predictable.
For the postgraduate studies researcher, this may help with meeting deadlines and
contain surprises
 Demerits of Doctrinal Research
• Several criticisms may be leveled against doctrinal or library based methodology. For
example, it is highly theoretical and technical, uncritical, conservative, trivial and without due
consideration of the social, economic and political importance of the legal process. Second, it
must be noted that ideological research is very narrow and restricts the choice and range of
topics, which increasingly withdrew the legal profession in the greater social context. This
context includes legal and social theory, and other methodologies based in the natural and
social sciences. In the study of law, the context in which it operates and how the law links to
this context, jurisprudential methodology does not provide an appropriate framework to
address issues that arise. It assumes that the law exists in a doctrinal objective vacuum rather
than within the social framework or context. Third, it is sometimes described as trivial
dogmatic research because it is often done without due consideration of social, economic, and
the political importance of the legal process. As mentioned above, the law does not operate in
a vacuum. It works within the community and impacts on the community. There is, therefore,
scope to adopt and adapt to other methodologies used in other subjects, in order to have the
functions of the law look its most luminous. For example, there is room for further research on
increasing the efficiency of legal institutions such as the courts. It is clear from the above
criticisms, that lawyers may need more research skills in sectarian-based libraries, in order to
make their research more important to the wider world. One of the methodologies that can be
used in this regard is the social and legal method.