Depending on the nature of the question, legal research is also classified as descriptive and exploratory. The results of qualitative research tend to be open, which is difficult to generalize: much qualitative research is doctrinaire. Observation, interview, case study, investigation and analysis are the most common methods of qualitative research. An analytical approach is sometimes considered doctrinal research. This can be seen in integration, as legal researchers and lawyers need to look at the law from a much broader perspective than before. Qualitative research refers to the analysis of an idea, doctrine or abstract theory. It is typically used to develop new concepts or reinterpret existing concepts. More recently, pure and doctrinal legal research has been criticized for its rigidity, narrower scope, and lack of flexibility in dealing with the different contexts in which legal issues or situations arise and operate. Indeed, the comparative approach may often involve a comparison of two or more national legal systems. According to the social law approach, the analysis of law is directly linked to the analysis of the social situation to which the law applies and must be placed in the perspective of this situation. The researcher can choose the method that best suits the questions and available sources. It depends on the nature of the research question.
Most doctrinal legal research is based on the “black letter” approach, which focuses on the knowledge of law found in legal texts, legal theories, laws, and court decisions with “little or no relation to the world outside the law.” Instead, it may allow a researcher to propose an appropriate solution to legal problems in light of a set of rules ideal for a particular society. Strong legal research skills are essential to save your clients time and money. Whether you are a partner or a junior partner, legal research is an important daily job that must be continuously developed. This course will explore modern legal research tools, strategies and techniques online. It begins with an in-depth review of legal research methods and the transition to sophisticated search techniques that can be used in searching for electronic legal resources online. In addition, legal and sociological surveys attempt to consider these phenomena as generally part of, or perhaps part of, an integrated social structure. Data can be collected from questionnaire surveys, survey requests and interviews. Data analysis is an important component of quantitative research. The comparative approach as an examination of legal systems by comparison has become more important because of the ongoing process of globalization. On the other hand, empirical research relies solely on experience or observation, often without regard to system and theory.
While the researcher`s values and biases influence qualitative research, quantitative research attempts to report results objectively, and the researcher`s role is neutral. Each legal system has its own history, basic principles and procedures, and its own forms of legal sources of publication. There are different approaches to research methodology, such as analytical, interdisciplinary, comparative and historical. The researcher must pay attention to the authenticity and integrity of the documents. On the contrary, the combination of quantitative and qualitative approaches may be the best way to achieve the objectives of the research work. With the growth of international and regional legal systems, understanding the forms and methods of comparative law has become essential for all those who want to understand and participate in current legal debates. Secondary sources of law explain or interpret legal principles in detail or summarize current legal status – thus a particular area of law is better understood. Secondary sources are also useful for identifying the primary sources of your case (more on that later). Examples: The interdisciplinary approach also suggests integrating social science methods and information into legal discourse. However, research methodology differs from research methods.
The “research method” generally includes all methods and techniques used to collect and process data. Normative analysis concerns rational criticism and evaluation of legal doctrines and rules. Such judicial interpretation and procedure should only be a logical application of existing legislation. This was the dominant strategy for conducting research in social law. Quantitative methods often test or test existing theories or hypotheses. Don`t let your research be wasted or let facts slip through the cracks due to a poor documentation system. By using secure cloud-based fact management software, you can record your searches in an efficient, organized, and accessible way. The sources of law are the main documents, legal doctrines, jurisprudence and legislation. Legal research is largely limited to an analysis of legal doctrine. a.Develop an effective and cost-effective search strategy b.Case law, including judgments and transactions c.Advanced search skills in legal research databases When it comes to legal research sources, start with secondary sources. Compiling your research into a legal brief is a necessary part of legal research, as you can identify information gaps that could have consequences at a later date. Legal writing presents challenges in itself, and it`s not a bad approach for you to supplement your legal case research with a book from a local law library on how to present your findings.
In general, a legal memorandum does five things: Understanding research methods helps students systematically conduct and write their monographs, dissertations, or research theses.