TECHNIQUES   OF    LEGAL    RESEARCH

INTRODUCTION

Much like our civilization, law is dynamic. It works within the intricate social system. The law regulates and shapes social standards and attitudes. The fact that these norms are dynamic and shift over time and place, however, makes it crucial for the law to be flexible enough to keep up with social change.

In this case, legal research is crucial for determining the law, resolving any ambiguities, finding any areas of weakness, and critically analysing the order to ensure consistency, coherence, and stability in the law, among other things. Research in the field of law is done for a variety of reasons.

The act of conducting research entails gathering data on a topic and then examining it for the purpose of gaining new knowledge. From reading various opinions of different cases to focusing on a related question and then finding appropriate answers, these approaches or methods define what are referred to as “research techniques.” The methods used in social sciences study serve as the general framework for law. The complexity of the laws and regulations, however, causes an increase in the number of sources used when conducting the study. The most common type of legal research is called doctrinal research, in which the researcher examines laws, legislations, case laws, amendments, and other documentary pieces of evidence without actually going outside to the real world to conduct the research. Three categories can be used to categorise the sources of legal study, and the development of technology has given these sources a digital form. 

In accordance with the Legal Education Rules of 2008, which will be revised in 2020, the Bar Council of India requires the institutions to incorporate information technology into the delivery of legal education. Accessibility is necessary because the vast majority of the resources are digital and thus accessible online. But is it still practical for a scholar to continue paying for each of these subscriptions separately, draining their bank accounts? In response to these ideas, thinkers from around the globe developed a variety of programmes to support free access to scholarly publications. Comparatively speaking to other disciplines, the legal fraternity adopted the open access plan as well, but a little later. Many intellectuals and legal scholars are working to advance the open access plan, which has gained enormous traction.

Techniques and tools are the means by which research is conducted, and it could only be justified by the use of appropriate methods and techniques designed for it. As a result, gathered evidence is referred to as data, and the tools used for this are known as data collection devices or tools, which is a common occurrence in behavioural research. These instruments assist with realizing, analysing, and interpreting research-related data. A researcher requires numerous instruments and tools for gathering data, and these tools and devices can range in intricacy, design, administration, and interpretation. For research to be effective, choosing the right tools or instruments is crucial. Using various sources are appropriate for gathering a plethora of information for different reasons. For his goal, the researcher may combine one or more tools. Therefore, researchers should become acquainted with the variety of tools, as well as their characteristics, benefits, and limitations. They should be proficient in their creation and application. The technique refers to the methodical approach process used to complete a challenging or scientific job. One must comprehend the functions of the legal system, basic legal principles, and the sources of law and how they relate to one another in order to conduct legal research and do so effectively. Identification of a legal problem or issue, information gathering regarding that problem or issue, and the creation of justifications or arguments for the problem are all crucial components of legal study.

Due to the multiplicity of laws, rules, and regulations in society, it is crucial to identify the ones that are currently relevant to the particular circumstance. At a given moment, it is not always simple to locate the law or a judicial decision. This job is made simpler by legal research. Finding the legislation is made much simpler and more beneficial as a result. The adage that a law can never again give rise to a contingency after it is passed is not always accurate. With the aid of legal study, there are some uncertainties and gaps that could be filled. In that it provides a solution to the issue raised by such ambiguities and gaps, law is both pre-emptive and reactive in nature. It not only aids in clearing up doubts but also in figuring out coherence, stability, and consistency. Future prediction is also aided by legal study. It is also beneficial to comprehend the societal influences that indirectly affected the creation of laws. The gap between the legal ideal and social reality can be found by conducting a social audit of the legislation. It also aids in formulating change suggestions that are supported by analytical, historical, and comparative research.

BACKGROUND

From the formation of the research issue and the research findings is the data collection compartment. In most instances, the success or failure of a research project is attributed to the quality of the data, method, tools, and techniques used to collect it. Providing data for research purposes works to stimulate the research process. Researchers should be equally adept at all research techniques used at various levels.

Techniques of legal research:

Finding and evaluating legal material is the process of conducting legal research in order to support legal arguments or to make well-informed decisions. The methods for conducting legal study are as follows:

Finding the legal problem: Determining the legal problem that needs to be researched is crucial before beginning the study. This aids in focusing the investigation’s subject matter and locating pertinent legal resources.

Primary sources: Cases, laws, regulations, and constitutions are some examples of primary sources of law. When making a legal argument, one should refer to these sources because they hold the relevant legal precedent.

Secondary sources: Secondary sources can help identify pertinent cases, laws, and regulations as well as give a good overview of the law and its application. Examples of secondary sources include law review articles, legal encyclopaedias, and treatises.

Online databases: There is a wealth of online legal research databases, including LexisNexis, Westlaw, and Bloomberg Law, that offer access to a substantial quantity of legal data. The ability to search and filter legal material using these databases is advanced.

Citation tools: Researchers can use citation tools to ascertain the status and applicability of cases, laws, and regulations. Examples of such tools include Shepard’s and KeyCite. They offer details on upcoming changes in the law that might undermine the credibility of the sources they reference.

Indexes and Digests: Searching for cases and laws on a specific legal topic is possible using indexes and digests. They offer a subject-based arrangement of legal documents, making it simpler to locate pertinent sources.

Software for conducting legal research: A variety of software tools are available that can automate the research process and produce more accurate and timely findings.

Expert consultation: Lastly, in order to gain specialised knowledge or insights on a specific legal problem, it may be necessary to speak with subject-matter authorities. Attorneys, teachers of law, and other legal experts may fall under this category.

HOW TO EXECUTE LEGAL RESEARCH

Traditional definitions of doctrinal legal study include looking for a source that can bolster a case’s arguments. This refers to textual authority contained in laws or prior court decisions in common law legal systems. (and sometimes treatises). People now have the ability to look for texts that discuss the same legal issues or that explain a factual situation that is comparable to their case using computers and online searches.

When conducting further research in dictionaries, treatises, and journal articles to develop a picture of the law in the region, the catchwords (or keywords) that appear at the start of a case report can be used as signposts. The statutes referenced create the legislative context, and the cases cited may influence subsequent decisions that may include additional key terms. There are some crucial criteria for assessing and choosing main legal materials (legislation or reported cases) as authorities to back up a legal claim. It must be from a court in the dispute’s jurisdiction, and the higher the court’s level, the better; the more recent the case, the better; the more times the case has been cited with approval in other cases, the better; the case cannot have been successfully appealed; and the decision must be persuasive. 

Numerous statutes, numerous cases, treatises, and academic papers will reference significant legal concepts and ideas. Contextual legal research’s strategic objective is to sample each of those sources without initially delving too thoroughly into them. Comparing how a legal idea, rule, or principle is handled in various legal documents can reveal the conceptual organisation of the relevant body of law. A close examination of specific cases or the specifics of legislation will be helpful and instructive once the researcher has a firm understanding of the general structure.

However, even though the law is no longer in force, there are instances when it is required or desirable to conduct research into how the law used to be. This could be done as a result of a statute being amended following the events at issue in a specific dispute, historical research, or law reform. Past events are regulated by the law in effect at that time, not the law as it exists today, if it has since changed, in accordance with the legal principle that law should ordinarily not have retroactive effect. The legal climate at a previous time period must therefore be revealed by study. As a convenience for this historical study, some internet legislative databases now provide point-in-time searching.

Legal resource collections online are now widely accessible and free. Since individual writers frequently assert their copyright in their commentary and analysis of the law and will not typically permit it to be accessed without charge, these are primarily limited to case reports and legislation.

• Legislative body research: This entails looking up statutes or rules that have been passed by Congress or state legislatures, for example. In order to determine how they relate to the current legal problem, the researcher must locate, read, and evaluate pertinent statutes.
• Research on case law entails looking up court rulings or other decisions that justices have made in prior proceedings. In order to understand how it relates to the current legal problem, the researcher must locate, read, and analyse pertinent case law.
• Research in administrative law focuses on laws and rulings made by administrative bodies like the Federal Communications Commission and the Environmental Protection Agency. To determine how it relates to the current legal problem, the researcher must locate, read, and evaluate pertinent administrative law.
• Legal materials that summarise or interpret main legal sources, such as law review articles, legal treatises, and legal encyclopaedias, are considered secondary sources in secondary source research. Due to the fact that they give a general overview of a legal subject and may cite pertinent primary sources, secondary sources can be a useful place to start when conducting legal research.
• Online research: A wide range of legal materials, including statutes, case law, administrative law, and secondary sources, are now accessible online. Legal researchers should use reputable sources and double-check the accuracy of any information they find online because it can be quicker and more effective than conventional print research.
• Legal research databases: There are many legal research databases accessible, including LexisNexis, Westlaw, and Bloomberg Law, which give access to primary legal sources, secondary legal sources, and other legal materials. These databases can be an important source for legal study because they frequently come with strong search tools. 

Legal theories, tenets, and positions can all be readily consulted while seated in a library. The documents’ contents can serve as strong evidence of what the law is on any topic relating to the rule of law and society, and explanations and the law’s goal can be found by simply reading the texts. Because of this, collecting data through library study is the most practical method. Books, journals, reporters, magazines, newspapers, juristic works, reports of seminars, conferences, symposiums, legislative, judicial, and administrative procedures, and literature containing factual and philosophical information are some of the data sources accessible in the library. Research papers, articles, theses and dissertations, commission reports, court decisions, and case comments, etc.

Between the formulation of the research issue and the research findings is the data collection compartment. In most instances, the success or failure of a research project is attributed to the quality of the data, method, tools, and techniques used to collect it. Providing data for research purposes works to stimulate the research process. Every method of research used at various phases should require the same level of expertise from the researcher.

The techniques, tools, and methods used to gather data should be highly standardised to make it simple to visualize, rely on, and analyse the data that is pertinent to the research being conducted. In the normative and applied sciences, these aspirations are not easily realised. As a normative discipline, law draws its knowledge from texts of legal principles and components that have been examined in complex social variables. These sources can be found in law books. As a result, legal research maintains its own methodology, which contains fundamental principles used in other social science research as well as distinctive elements and a method that is unavoidable in the field of law. Doctrinal and empirical techniques are the two common approaches used in the legal research process. The nature of the data and the methods used to gather it differ depending on which of the two methods you choose to use. With each method, the overall research approach (procedural and technical) changes, and it is inevitable that data gathering methods will also change.

An in-depth examination of any subject from start to finish is known as a case study. Any individual, family, group, organization, caste, society, or country may serve as the study’s element.This study focuses on and analyses the characteristics of the unit that set it apart from other research topics and are of interest to the researcher. It is a qualitative research technique in which the researcher gathers all relevant facts and information about the subject matter from beginning to end, focusing on the conditions of life and how they relate to the subject matter and the effect they have on the subject matter as a whole.

CONCLUSION

Since its inception in England and spreading to the rest of the Commonwealth and the United States hundreds of years ago, common law systems have been developing their legal systems. There has been a huge accumulation of writing during this period. There are hundreds of thousands of books in the law libraries of many universities, and there are millions of books in the law libraries of our Government and Private law colleges.

Case reports—the justifications provided by judges when reaching individual lawsuit decisions—make up a significant percentage of legal materials. Early on, only a small number of these judgements were kept on file and published; this selective publishing strategy produces a body of precedent-setting cases that are frequently consulted for advice. 

Because of the government’s control over the sources of legal information, there are, according to another criticism of the legal publishing industry, truly too few publicly accessible legal materials. There, the concept of the public domain has been adopted, which states that all government papers must be made available to the public, with some exceptions, such as those pertaining to national security. 

The movement in favour of open access is another reaction to the issue of limitations on the distribution of legal documents. The promotion of and provision of free, open access to the law has been led by legal scholars. When it comes to legislation such as acts, regulations, and bylaws, legal interpretation is referred to as legislative interpretation, statutory interpretation, or even statutory construction (from the verb “construe,” meaning to analyse or understand). When reading private papers like contracts and wills, legal interpretation is frequently necessary. The general term is more suitable in those circumstances. From field-work to theoretical brainstorming, legal research and its techniques are various and its methods are also ever-evolving. To understand the intricate strata of law one has to start from fundamental levels of questioning, revelation and comprehension.