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1. Critically examine the process of quantitative and qualitative research indicating the major
points of difference between the two.

2. Define term hypothesis . What does it suggest? Illustrate your answer with examples.

3. Identify and discuss the basic stages of legal research.Discuss in detail.

4. Highlight and discuss the factors affecting selection of a legal research problem.

5. Discuss personal documents as a source of data. How far can they be used as a basis of
generalization.

6. What do you understand by term Research Design.What are the steps we need to follow while
preparing research design ? Write down its types.

7. Identify main characteristics of informal interview . How far it is different from other interviews ?
What is the significance of informal interview in legal research.

8. What is Legal research and its types .Also elaborate its sources.

9. What do you understand by term Doctrine legal research and Non doctrinal legal research?
Write down the difference of two.

Critically examine the process of quantitative and qualitative

research indicating the major points of difference between the
two.
Following are the important research is as under.

❖ Basic or fundamental research

❖ Applied research.

(i) Basic or Fundamental Research :

Basic research means an investigation on basic principle of the subject matter and reason for occurrence
of a particular event or process etc. It is also described as theoretical research. Basic researches
sometime may not lead to immediate use or application. It is not related with solving any particular
matter of immediate interest. The basic research based on applied research.

(ii) Applied Research:

In an applied research one solves certain problems employing well known and accepted theories and
principle. Most of the experimental research, case studies and inter-disciplinary research are essentially
applied research. Applied research is helpful for basic research. A research, the outcome of which has
immediate application is also termed as applied research. For example, research on social problems has
immediate use applied research is concerned with actual life.

Normal and revolutionary researches Basic and applied researches are generally of two kinds as normal
research and revolutionary research.

The normal research is performed in accordance with a set of rules, concepts and procedures called a
paradigm, which is well accepted by the scientist working in the field. In the normal research sometimes
un expected novel results and discoveries are realized.

DIFFRENCE BETWEEN RESEARCH METHOD AND RESEARCH METHODOLOGY

Research methods are various procedures. All the methods are used by a researcher during a research
study. The research method helps us to collect the data, samples etc. Particularly scientific research
method based on collection of facts, measurements and observation.

The research methodology is a systematic way to solve a problem. It is a science of study how research is
conduct. In this way procedure for research is applied. But in research method the plane of research
work is applied.

QUANTITATIVE AND QUALITATIVE METHOD OF RESEARCH

The basic and applied researches can be quantitative or qualitative or even both. Quantitative research is
based on the measurements of quality or amount. The result of this research is essentially a number or a
set of numbers. Some of characteristics quantitative research /method are:
Quantitative research:
• The basic and applied researches can be quantitative or qualitative or even both. Quantitative
research is based on the measurements of quality or amount. The result of this research is
essentially a number or a set of numbers. Some of characteristics quantitative research /method
are:

• It numerical

• It is conclusive

• It will be decision full

• The result shall be in the shape of table and graph

• It is an iterative It is also called mathematical research

• Quantitative research using statistical method which based on collection of data based on a
theory. In this research statistical method is used. Quantitative research is concerned qualitative
research

Qualitative Research:
The qualitative research has following characteristics:

• It is not numerical

• In this method the works are used

• The main purpose of this research is to get the meaning, feelings and mention the actual
situation

• Qualitative data cannot be graphed

• It is explanatory

• It investigates the why and how of decision. It means five words are used in this research.

Other Types of Research Other type of research includes action research. It means finding of act.
Explanatory research means explanation for event and phenomena, for example Finding answer to the
question why is the thing like what they are

Other type of research includes action research. It means finding of act. Explanatory research means
explanation for event and phenomena, for example

Finding answer to the question why is the thing like what they are?

Define term hypothesis . What does it suggest? Illustrate

your answer with examples.
A hypothesis is a statement about the relationship between the similarities. A hypothesis is a specific testable
prediction remember, a hypothesis does not have to be accurate, while the hypothesis predicts what the
researcher accept to see, the goal of a research is to determine whether this guess is right or wrong. In many cases,
researcher may find that the result of an experiment do not sport the original hypothesis.

Identifying Difficulties in Formulating a Hypothesis and Access Their Potential in

Diminishing Utility of a Hypothesis?
Hypothesis is a statement of a legal researcher regarding to dissolve the problems. A relationship
between the criminal/ offender and law. Before formulating the hypothesis and is aware of the fact that
hypothesis is measurably tentative relationship between the identified variable formulating a hypothesis is
not an easy task. It is steel bridals with difficulties.

In the Formulation of useful Hypothesis:

There are three difficulties regarding the formulation of useful hypothesis.

(i) Absence of clear frame work (ii) Lake of abilities regarding using the frame work logically. (iii) Failure to
be acquainted with available research techniques etc.

What Suggestions would you like to overcome these difficulties?

Some suggestions regarding resolve the difficulties in respect of formulating hypothesis.

(i) Is there any prior evidence as to the truth exists related to the need of hypothesis?

(ii) Is the empirical system that is constructed sufficiently precise?

(iii) Are the terms empirically specific, so that the concepts or variables can be distinguished in concert
situation?

(iv) Can any appropriate study design be devised?

Different sources of Hypothesis with Illustration?

(i) Institution hypothesis may be based only bunch of a person. It is a sort of virgin ideas.

(ii) Finding Of Others

Hypothesis can be created from finding of other study. Moreover there is no necessary that it may relate
with other study.

(iii) A Body of Theory

Hypothesis may steam also be existed from a body of theory. A theory represents logical deduction+0 of
relationship between interrelated proved facts.
(iv) General Social Culture

Hypothesis may also be originated through general social culture. The general social culture helps to the
concept of hypothesis.

(v) Analogy

Analogy is also an important source of hypothesis. It is a caused of stimulation now valuable hypothesis.

(vi) Personal Experience

Personal experience is also valid regarding the theory of hypothesis. The above discussed course
provides the real spilt of hypothesis.

What do you understand by term Research Design.What are the

steps we need to follow while preparing research design ? Write down
its types.

The Research design is a scientific work regarding research methodology. A researcher can get ideal data
through this work. All the scientific method can use in the field research methodology. The custom also
helps the researcher. It is the responsibility of every researcher that proper way of collecting data and its
management should be kept in his mind. All the factors in respect of collection of data must be highlighted
before him. The reason method would be easy and accordingly. The different types of research should
also be applied. The method you select should be under your grip. The finding must be accordingly. It is a
great achievement of a researcher if he collects a lot of information within minimum spending of an effort,
money and time. For this purpose he must have due care and suitable planning. He should also obtain
the wishes of expert designer. He should be prepared a model of designing or plan before collect the data
analysis regarding research project. In this process mistake must be might and might. He must be
removing the observed faults regarding collection of data, if any. In a good research design, all the
components should be attached with each other. In the same way the data gathering method must fit with
the research purposes.

What Decisions a Researcher needs to take before designing his

Research?
A researcher like a building. He takes necessary steps about his research work before its starting. The
decisions by the researcher are as under.

1. What is the study about

2. What is purpose of study and its scope?

3. What are the types of data required?

4. What are the sources and need of data?

5. What will be the place or area of the study?

 6. What period of time will the study include?

7. What time is approximately required for the study

8. What amount of material or number of cases will be needed for the study?

9. What basis will be used for the selection of the required material?

10. What technique of data gathering will be adopted?

11. What types of sampling of required?

12. How will the data be analyzed?

Different Types of Research Design?

Following are the different types of research design as

1. Exploratory of formularize In the type of research the researcher study is based on

knowledge. The formulation of problems, in this way the objectives of the study depends upon the
sufficient knowledge.

2. The main purpose of research is to gain further knowledge to resolve the created problems.

3. Distributing and Diagnostic Research Design In this type of research we discuss the
characteristics of particular object. We exercize to resolve the created problem through over
experiment. We designs the fact. The research must be able to explain what he wants to achieve
the goal of his object. In simple words we can obtain concerned object.

4. Experimental and Exploratory Research It is a third type of research. In this study of research we
touch the experiment study which deals to the cause and effect problems. Experimental design
differs for description study design. Through experimental and explanatory research design study
we find they require information.

Some Other Different Types of Research Design?

There are some other different types of research are as under.

(i) Historical Research Design.

In this type of research design we discuss historical research design. This idea of research design is
validate and establish fact. It makes use of primary sources, secondary sources and a lot of qualitative
data sources. The historical source of study is authorized and valid.

(ii) Case Study.

The case study research design can also be helpful for testing weather a particular theory and model
actually pertains to phenomena in real life. The historical research design is a useful and valid design.
(iii) Descriptive Research.

Descriptive Research deals to the population census arranged by the government. In this kind of
research the economic information are obtained.

(iv) Casual Design

Casual design research is also important type of research. It is related to conditional statement. This kind
of research utilized to determine what effect a certain change. The majority of social scientist sport to the
casual design research.

(v) Longitudinal

A longitudinal study consists of a panel, which is a fixed sample of element. The elements could be
shops, retailers, individuals or other entity. The sample members in a panel are calculated regularly
overtime.

(vi) Cross Sectional Design

The cross sectional research design have three prominent features. The cross sectional design can only
measure differences between a number of people, subjects etc. As a finding statement, the researchers
employing this design can use a relative passive approach which based on findings.

(vii) Correlation or Prospective Research Design

This research design deals to the discover relationships to make prediction. In this method one set of
subjects is used with the couple of variable for each.

(viii) Cohort Design

In a cohort study we discuss the research program related to a specific group with a certain manner. We
observe or a period of time. Some important examples of courts are related with medicine and its
problem.

What do you understand by term Doctrine legal research and

Non doctrinal legal research? Write down the difference of two.

The Difference Between Doctrinal Legal Research and Non Doctrinal

Legal Research:
There are two doctrine of legal research are as under:

(i) Doctrinal Legal Research

(ii) Non Doctrinal Legal Research

Doctrinal Legal Research :

Doctrinal Legal Research can be defined as research into legal doctrine through analysis of statutory
provisions, it means such legal research, which is made under the provision of law or statute is called
doctrinal legal research.

Non Doctrinal Legal Research:

Non doctrinal legal research means relationship of law with other behavioral sciences. It is a relationship
of law with people, social value and social institutions. It means research made under the custom of the
society is called non doctrinal legal research.

Why do we Need Analyzing Facts that We have Already Gathered?

According to above mentioned question a researcher comes to know the importance of fact but he
analyze the fact regarding know actual condition and effect. The important suggestion system for
gathering the elements of analysis of fact common to all legal problems are

 Place where the facts are obtained

 Defense to the issue

 Relief or solution sought

What are the System of Facts?

Facts can be analyze through a specific system of analyzing. One facts have been identified in order determine
legal issue are to be analyzed through a system

What are you Understand by Authorities in Legal Research?

The legal research is an important part of research methodology and it helps to the researcher regarding find the
facts related to the subject matter. Moreover authorities are an important tool in researching method. There are
 two kinds of authorities

(i) Primary Authority

(ii) Secondary Authority

What do awyers need to do Legal Research?

The legal research helps the lawyer regarding trace out the facts related to the object matter, through legal
research any student of law may be find out the updating of the law. When he succeeds in one step he moves to
another fact in to resolve the creating problem. He finds out the law after his research. He should need the law
articles etc. A legal research must be useful and meaningful.

Identify and discuss the basic stages of legal

research.Discuss in detail.

Basic stages of legal research ?

• Stage 1: Frame Issues and Identify Keywords.
• Stage 2: Initial Research.
• Stage 3: Preliminary Integration of Research and Analysis.
• Stage 4: Intensive Case Research and Analysis.
• Stage 5: Statute/Regulation Research.
• Stage 6: Synthesize Arguments and Prepare Detailed Outline.
• Stage 7: Final Writing.

Stages of legal research :

Stage 1: Frame the Legal Issues and Identify Keywords

• Prepare a Research

• Plan Brainstorming

• Before beginning research, you need to spend time "brainstorming" the problem.
• Read the facts, ascertain the subject matter, and note preliminary issues to be researched. Under
what jurisdiction does a the problem fall? Is the question governed by federal or provincial law? Is
 the problem governed by legislation (statutes or regulations) or by common law (case law)? Doth
both apply?
• State the issue in general and narrow terms. Think of synonyms or alternative words for both the
facts and legal concepts. The legal concept refers to cause of action; defence raised, relief or
remedy sought, and procedure involved. The legal concept and key facts are integrated into a
statement of the legal issue. There may be several legal issues raised by the problem. If you are
unfamiliar with the area of law, it may be difficult to initially know what the issues are. In this case,
you may have to begin your research using some key facts from the problem. Key facts are those
that will determine the application of the legal issues. You may need to do some background
reading in textbooks or encyclopedias (See Stage #2).

• Prepare a Preliminary Issue Statement:

• The first step in preparing an outline of research and analysis is to prepare a preliminary issue
statement. What is it that you have been asked to determine? Although you will constantly refine
this statement as you develop your research and analysis, the preliminary statement will focus
your initial research.
• Often the facts may be characterized in a number of different ways. At this stage, it is important
not to state the issues too narrowly or in only one way. If one can persuade the judge to
conceptualize or characterize the facts as a specific type of legal issue, then precedent will
provide the desired outcome. A narrow issue statement will only result in a narrow list of similar
cases. Try to think of alternate ways to conceptualize the issues. For example, the issues
in Winnipeg Child and Family Services (Northwest Area) v. DFG, [1997] 3 SCR 925 were
conceptualized differently by the judges hearing the case: definition of mental disorder under the
Mental Health Act; parens patriae; whether an unborn child is a legal person; whether a mother
has a duty of care to protect an unborn child. Focusing on only one of these ways to
conceptualize the facts would be inadequate.
• To get your preliminary statement of issues started, it is useful to create one comprehensive list of
everything you think needs to be included. Having done that, you can then start to revise the list
into a more logical order. How will the court logically organize the issues? Are there preliminary
questions the court will consider first? What will the court need to decide second, third, and so
on?
• It may be impossible to identify all the issues in your Preliminary Issue Statement. All the issues
may only be determined after an extensive research and analysis process. Your issues statement
will be constantly revised as you develop your research and analysis.

• Developing a List of Search Terms

• To help identify the issues and key facts, the following two methods are suggested. This can be
used to prepare a list of search terms with which to begin research.
(i) The TAPP rule (Lawyers Co-op):
1. T Thing or Object involved.
2. A Action or Activity that has created the problem.
3. P Persons involved (type or class of persons).
4. P Place where occurred.
(ii) List Words Describing (West Publishing)
1. The Parties Involved.
2. The Places where the facts arose and the objects and things involved.
3. The Acts or omissions that gave rise to the legal action or issue.
4. The Defense to the action or issue.
5. The Relief sought.

Stage 2: Initial Research

1.  Start with a good book on the topic.
2.  Find a relevant article.
3.  Consult a general encyclopedia like the Canadian Encyclopedic Digest (CED).
4.  Browse a subscription database.

Introduction:
Sometimes all you know are the facts of your legal problem. You have no idea what the legal issue is, and
you may not even know what the legal subject or topic is. When doing initial research, you are trying to
conduct a broad overview of the relevant sources in order to come to an understanding of the issues and
to note key cases and statutes.

1. Start with a good book on the topic:

Browsing through relevant legal texts is still the best starting point. This will logically set out the issues,
provide an analytical framework, and discuss legislation and leading cases.
Try to find a Canadian text that analyzes your topic. Recent editions of "core" legal texts are located in the
Reserve Collection which is open for browsing. Check for loose-leaf services and annotated codes which
consolidate relevant legislation and may provide commentary or recent case law. You should always do a
search of the library catalogue at this stage.

2. Find a relevant article:

Finding an article written specifically on your topic is a convenient short cut to legal research. This
research step involves searching both:

• indexes to law review and journal articles and

• full text databases of law review and journal articles.

(1) Indexes to Law Review Articles:

Comprehensive Canadian research requires consultation of one of the Canadian indexes. The Index to
Legal Periodicals and LegalTrac only have selective coverage of Canadian law journal articles but should
definitely be consulted if you want to expand your research beyond Canadian material.   See the chapter
on Secondary Sources for more information about journal indexes.
(2) Full Text Law Review Articles
In addition to indexes of law review articles, the commercial online database vendors (Lexis Advance
Quicklaw and WestlawNext Canada) provide the full text of law reviews online.
When searching full text articles, use various search strategies to
limit the number of irrelevant hits:
• use proximity connectors (i.e. asking for your words to be in the same paragraph or within so
many words of each other )

• limit the search to just the title field

Although there is duplication between LexisNexis Quicklaw and WestlawNext Canada law review
databases, search both of them since the overlap is not 100%, and you will quite likely pull up additional
articles.
The internet does contain some full text law reviews, but generally coverage is very incomplete.

3. Consult a general encyclopedia like the Canadian Encyclopedic

Digest (CED) or Halsbury's Laws of Canada:
If you need a very general overview, or if you cannot find any discussion of your topic in a textbook, try
using the current edition of the CED or Halsbury's Laws of Canada. These provide brief overviews of most
areas of law, including some areas where there is not much else written (e.g. actions against the Crown,
cemetaries, aviation law, etc.). They give broad, general treatment but will identify the issues and refer to
leading cases and statutes.

4. Browse a Legal Database:

Check whether there is a database for the particular subject you are researching. Legal databases often
integrate commentary from textbooks, legislation, and case law. Using the table of contents or indexes
provided by the various sources, one can browse and find commentary with direct links to legislation and
cases. Lederman Law Library provides a list of current database subscriptions organized by topic and
jurisdiction. WestlawNext Canada and Lexis Advance Quicklaw also contain sources for various areas of
law.

Stage 3: Preliminary Integration of Research and Analysis:

Flesh Out The Preliminary Statement of Issues

As you begin your initial research, add information to your preliminary statement of issues. Note the
governing legal principles under each issue and list the leading case and statutory references. Note
opposing arguments under each issue. Write down the complete legal citations for these cases and
statutes. Add any new issues identified by your research. In what order do the issues need to be proven?

Analyze the Leading Cases and Relevant Statutory References:

Having found key material, you need to analyze it. Read and brief the leading cases. Make a preliminary
application to the facts of your problem. Note the major authority and relevant facts of your problem under
each issue. Note any dissenting judgments or disagreements among the cases.
What cases are binding?
Can they be distinguished from your fact situation?
What cases are persuasive?
Note other key cases cited in the leading cases:
For any statutory references, you need to update the references to make sure they are still good law. You
need to analyze the statute, breaking it apart and identifying its different parts. The next step is to
research any ambiguous interpretation of the statutory section. Look for statutory definitions.

Revise the Statement of Issues:

Do a preliminary legal analysis of the problem. Which issues seem fairly well settled, given the law and
your facts, and can be discussed briefly without any further research? Which seem more uncertain either
in light of the law or your facts? Where does the weight of authority lie? Note the strengths and
weaknesses of the argument on both sides of the issue, and list in terms of likelihood of success. Can you
apply any of the cases directly to your facts? Can you distinguish any of the cases on the facts? Which
cases are binding and which are merely persuasive? What are the possible defences? What are the
possible remedies? Do you need to find more analogous cases? Do you need to make any policy
arguments? Note any areas in your analysis that need further research.

Identify Next Research Steps:

Now you are ready to continue with your research. The point is not to gather all possible cases on point,
just those which will add to your analysis. This is especially important before using digests and indexes to
law reports. By this point in your research, you already have a good idea of the issues, you just need to
refine the analysis.

• Using the case digests, find analogous cases:

• Know what information you need, and select cases that appear to contain that
information. Are the facts close enough to those in your case that you (or the other side)
can use the case to argue by analogy, comparing or contrasting the facts in the
analogous case with the facts in your case? Are the arguments that the parties made
ones that either you or the other side in the present case might also use?

• Select decisions from higher courts over decisions from lower courts.

• Select recent decisions over older decisions.

• Select cases that are more factually analogous over cases that are less factually
analogous.

• Select cases in which the court has found that the disputed element was met AND cases
where it was not met.

• Find any cases that have interpreted or applied the statute.

• Note-up any statutory references (amendments, regulations, new bills, coming into force dates).

• Identify the key cases to note-up (case history, cases judicially considered).

• List the weak or ambiguous points under each issue that need further research in the full text
judgment databases.
Stage 4: Intensive Case Research and Analysis
By this point in your research you will have:

• researched books, loose-leaf services, articles, encyclopedias and electronic sources.

• discovered and analyzed the leading cases and relevant statutory sections.

• revised your outline to incorporate the results of your analysis so far.

The next step is to flesh out the case law. Performing a "quick and dirty" search in the case law digests
will provide a handful of relevant cases with similar facts or issues. By reading the full text of these, one
obtains a good sense of the law on the particular legal issue. There may, however, be no cases directly
on point. In that case, you may need to find analogous cases.
The next step is to verify that the cases you are relying on are still good law. As well, you might need to
find other cases that flesh out or explain a particular point in your analysis. Searching full text case law
databases allows you to zero in on narrow points.

1. Find relevant cases to read using case digests:

Searching case digests allows you to start case law research from a wide perspective.

• It is easier to search through large volumes of case law with digests.

• Most digests use a comprehensive classification scheme to make it easier to retrieve similar
cases.

• The Canadian Abridgment uses a comprehensive classification scheme

• Use field or segment restrictions to the keywords and court/jurisdiction fields to zero in on
relevant digests.
There are two types of digests:
• Comprehensive:  Cover all Canadian cases from the beginning

• Canadian Abridgment in electronic format in WestlawNext Canada or print in the

Reference section

• Canadian Case Summaries (Dominion Report Service) on LexisNexis Quicklaw

• Canada Digest on LexisNexis Quicklaw

• Current Awareness

• All Canada Weekly Summaries (from 1976) or Weekly Criminal Bulletin (from 1977) on

LexisNexis Quicklaw or in Print

• Lawyers Weekly digests on LexisNexis Quicklaw or in Print

Once you determine relevant digests:
• retrieve the full text of the case and read it; and

• note-up the case, checking for case history and cases considered.
2.  Case History & Cases Judicially Considered:
You will come across citations to leading cases from your initial research. It is crucial to make sure (1) that
the case is still good law,
(2) that it has not been reversed on appeal, and
(3) that it has or has not been considered in other cases.
There are several competing electronic systems for case history and case treatment information. These
tend to provide coverage of recent cases. For comprehensive coverage, especially when noting up older
cases, also use the print tools. See the chapter on Noting Up a Case for more information.

3.  Searching Full Text Law Reports:

At this point, you should have a good idea of the issues. Refine your search by checking the law report
and full text databases. The full text databases enable you to focus your research on narrow points that
are still unclear. In addition, most full text databases are current and will indicate any recent cases that
need to be incorporated into your analysis. There may be topical law report(s) published in the area of
your legal research problem. If so, browse the report series indexes to double check for issues and
leading cases.
As mentioned earlier, there are several competing electronic research systems from which to choose.
Normally you would choose only one system to search. You may or may not need to search the
databases that are the equivalent of the printed law reports. However, you should always search a current
full text database as a final update for your research.
Searching full text law reports involves a different search technique from searching digests.   Your search
should be focused on the narrow issues. By this point in your research, you already know the leading
cases and the statutory sections. You would not repeat the general search statement from a digest
search. On a full text judgment database you would use specific keywords linked with proximity
connectors (e.g. within the same paragraph or within so many words). In addition, you may use field
restrictions (e.g. within a certain jurisdiction, within a date range).

Stage 5: Statute/Regulation Resarch:

Step 5 is to check for any statutes or regulations, as well as cases which have considered these statutes
or regulations. Depending on the nature of the problem being researched, you may have been made
aware of relevant statutes early on in the research process. If so, this research may already have been
undertaken.
Statutes and regulations are primary sources of law. No research can be complete without searching for
relevant statutory authority in your jurisdiction.
The process involves finding and updating legislation; checking coming into force and status of bills
information; and checking for and updating regulations. There are several alternate electronic sources
and numerous print tools for use in legislative updating. See the chapters on Legislation, Finding Federal
and Ontario Statutes, and Regulations in the manual for further information.

Stage 6: Synthesize Arguments and Prepare Detailed Outline:

Revise Statement of Issues:

Based on your most recent research, revise the statement of issues. Analyze your new cases and
indicate how the arguments apply to the fact situation.

Synthesize the Arguments:

Having analyzed all the case and statute references, consider how they all fit together. When read as a
whole, what do the cases and statutes say? What principles can be inferred that connect the cases you
are using?
How does your argument fit together? Is it logically organized, such that you discuss certain issues that
logically precede subsequent issues? What are the weaknesses in your argument? Can you distinguish
any of the leading cases (eg., on the facts; not binding in your jurisdiction; if binding, can it be restricted to
a narrow ratio; can you use obiter dicta or strong dissents; are other cases more persuasive?). Have you
correctly incorporated any statutes or regulations? Can this authority be interpreted differently or rendered
not applicable on the facts?

Prepare A Detailed Outline for Your Written Analysis:

By now your statement of issues is quite detailed and contains the leading cases, statutory references,
and analogous cases. Think ahead to your written analysis. It will help you determine whether you have
done enough research, or whether there are still points needing further research (e.g. additional
supporting authority). When doing a legal memorandum, you are producing a clear and concise analysis
of each legal issue and how those legal principles are applied to the specific facts of the problem.
The legal memorandum has a traditional format for the analysis, something like:

• For each Issue, a Statement of the General Rule and the List of Elements (i.e., conditions)
Required to Satisfy the Rule

• Description of First Element

• Description of Second Element

• Etc.
This may need to be expanded (depending on the issue) to include:
• Policy arguments (interests that are balanced; factors considered in balancing these interests)

• Law in other jurisdictions (if this is a novel issue)

• List of different rules adopted in other jurisdictions

• Statement regarding which rule the majority of the courts have adopted

• Reasons courts have given for adopting a particular rule

• Critical evaluation of each rule and prediction about which rule the court would adopt

• Application of the rule to facts

You need to transform your detailed statement of issues into a detailed outline of your analysis in the
format required by the legal memorandum.
Format for Legal Memorandum:
The following is one format (there are many other formats) for a legal memoradum:

• The Heading

• The Statement of Facts

• The Question Presented

• Determining the Number of Issues and the Order in Which They Should Be Presented

• Writing the Question Presented

• Statement of the Legal Question the court is being asked to decide

• Includes:

• The applicable law

• The legally significant facts

• The Brief Answer

• The Discussion Section

• The Conclusion
The discussion section:
• Identifies applicable law

• Determines whether the application of law to facts is likely to be in dispute

• If the application is in dispute, looks at analogous cases to determine how like cases have been
decided.

• Determines what arguments each side is likely to make

• Predicts the outcome: Given the law, analogous cases, and arguments, how is the court likely to
decide the case?
The discussion section has a clear and concise analysis of each legal issue and how it can be applied to
the facts.

• Conclusion

• In a final paragraph you need to summarize your analysis. Given your conclusion on each issue,
how is the case likely to be resolved?

Identify Next Research Steps:

• Research any missing points identified by the detailed outline of your written analysis.

• Cross Check Your Research in Other Sources

• Cross-check your research by quickly browsing in other sources (e.g. printed indexes to law
 reports) to make sure leading cases or issues have not been missed.

• This need not take a long time as you are already familiar with the cases and legislation.

• Do not rely exclusively on a search for cases with the same "facts". There may be relevant cases
on the same issue, but with a different set of facts.

Stage 7: Final Writing:

Using your detailed outline of your legal analysis of the fact situation, draft the final legal memorandum.

Common Problems To Avoid

• do not use excessive quotations; use your own words

• show how you reached your conclusions

• connect the sections

• use the precise legal terminology

Prepare Drafts

• prepare to write a first draft, second draft, and final version

• revise for content and organization

• did you include all the information required?

• is the information accurate?

• is it logically organized (compare with your detailed outline of the analysis)

• edit

• are sentences, paragraphs, and sections logically connected?

• is the writing clear and concise, using simple sentences?

• check grammar, punctuation, spelling

• check citations

Highlight and discuss the factors affecting selection of a legal

research problem.
There are two factors in the selection of topic external and personal. External criteria involves how the
topic is important for the field, availability of both data and data collection methods and the administration
is cooperative or not. Personal Criteria means researcher own interest, time and cost.

What are the factors to consider in selecting a research problem?

The significance of the topic, the qualifications and the training of a researcher, the expenses required,
the time element are few other criteria that should be considered when selecting a problem.

Major Factors to be Considered in Selecting a Research Problem:

The following important factors should be kept in mind by a researcher when selecting a topic for
research:
• In most cases, subject that is overdone must not be picked, because it will certainly be a
complicated task to throw any new light in such a situation.
• Too narrow or too un-explainable problems must be shunned.
• The significance of the topic, the qualifications and the training of a researcher, the expenses
required, the time element are few other criteria that should be considered when selecting a
problem.
• A professional needs to ask himself the following questions:
(a) Whether he is properly equipped when it comes to his background to handle the research?
(b) Whether he has the budget to afford the research?
(c) Whether the required cooperation can be obtained from people who must take part in research
as subjects?
• An average researcher should avoid controversial subjects.
• The topic picked for research must be familiar and feasible so that the relevant research material or
sources of research are within one’s reach. Even then it is extremely challenging to provide
definitive ideas regarding how a professional should obtain ideas for his research. To do this, a
researcher can make contact with an expert or a lecturer in the University who is already involved in
research. He cans also read articles or blog posts published in current literature available on the
topic and may think the way the methods and concepts talked about therein could be applied to the
solution of other problems.
• A preliminary study should be done before picking a research problem. This isn’t always required
when the problem demands the conduct of a research closely comparable to one that was already
done. However when the field of investigation is pretty new and doesn’t have available a set of well
developed methods, a quick feasibility study should always be carried out.

Q) Discuss personal documents as a source of data. How far can

they be used as a basis of generalization.
Source documents :
Source documents contain source data, which is defined as "all information in original records and
certified copies of original records of clinical findings, observations, or other activities in a clinical trial
necessary for the reconstruction and evaluation of the trial."

A source document is a document in which data collected for a clinical trial is first recorded. This data is
usually later entered in the case report form. The International Conference on Harmonisation of Technical
Require harmaceuticals for Human Use (ICH-GCP) guidelines define source documents as "original
documents, data, and records." Source documents contain source data, which is defined as "all
information in original records and certified copies of original records of clinical findings, observations, or
other activities in a clinical trial necessary for the reconstruction and evaluation of the trial."

The Food and Drug Administration (FDA) does not define the term "source document".
Examples of source documents:
• Hospital records
• Clinical and office charts
• Laboratory notes
• Memorandum
• Subjects' diaries or evaluation checklists
• Pharmacy dispensing records
• Recorded data from automated instruments
• Copies or transcriptions certified after verification as being accurate copies
• Microfiches
• Photographic negatives, microfilm or magnetic media
• X-rays
• Subject files
• Records kept at the pharmacy, at the laboratories and at medico-technical departments involved in
the clinical trial

Generalization :

Generalization is the process of identifying the parts of a whole, as belonging to the whole. The parts,
completely unrelated may be brought together as a group, belonging to the whole by establishing a
common relation between them.

It must be stated that, the parts cannot be generalized into a whole until a common relation is established
among all the parts. But this does not mean that the parts are unrelated, only that no common relation
has been established yet for the generalization.

The concept of generalization has broad application in many connected disciplines, sometimes having a
specialized context or meaning.

Of any two related concepts, such as A and B, A is a "generalization" of B, and B is a special case of A, if
and only if

• every instance of concept B is also an instance of concept A; and

• there are instances of concept A which are not instances of concept B.

Personal Documents:
In its narrow sense, the personal document is a spontaneous first person description by an individual of

his own actions, experiences and beliefs.The wide range of personal documentary material comprises
autobiographies, diaries and letters and other artistic and projective documents which describe the

subject’s experiences and his beliefs or which give an insight into his cultural background. ‘Life history’ as

a personal document relates to a comprehensive autobiography.

But in common usage, a ‘Life-history’ may be almost any kind of biographical material. For Thomas and

Znaniecki, the authors of ‘The Polish Peasant’, the personal document constituted a perfect type of

sociological material.

Thomas and Znaniecki made vigorous use of the personal materials in their study of the Polish Peasants.

Their stress on the use of such personal material subsequently proved to be something of a turning point

in the development of social science.

At the time of publication of ‘The Polish Peasant’ more than 60 years now, the social scientists were very

keen on making their discipline comparable in objectivity to natural sciences. From this viewpoint,

personal documents (being essentially subjective) were regarded as of low scientific value.

However, the sociological use of personal documents, thought to be out of the mainstream of

development for a time, had not at any stage disappeared totally. Its persistence was partly due to the

growing acceptance by social science of the whole range of psychological concepts and method.

Two crucial issues they raised pertain to:

(1) The methodological question of how far disortions enter in the course of translating private records,

and

(2) The questions of how to gather and analyse the number of personal documents needed for the

derivation of abstract principles or hypotheses.

What do you understand by term Research Design.What are the

steps we need to follow while preparing research design ? Write
down its types.
 Research Design Definition:
Research design is defined as a framework of methods and techniques chosen by a researcher to
combine various components of research in a reasonably logical manner so that the research problem is
efficiently handled. It provides insights about “how” to conduct research using a particular methodology.
Every researcher has a list of research questions which need to be assessed – this can be done with
research design.

The sketch of how research should be conducted can be prepared using research design. Hence,
the market research study will be carried out on the basis of research design.

The design of a research topic is used to explain the type of research (experimental, survey, correlational,
semi-experimental, review) and also its sub-type (experimental design, research problem, descriptive
case-study). There are three main sections of research design: Data collection, measurement, and
analysis.

The type of research problem an organization is facing will determine the research design and not vice-
versa. Variables, designated tools to gather information, how will the tools be used to collect and analyze
data and other factors are decided in research design on the basis of a research technique is decided.

An impactful research design usually creates minimum bias in data and increases trust on the
collected and analyzed research information. Research design which produces the least margin
of error in experimental research can be touted as the best.

The essential elements of research design are:

• Accurate purpose statement of research design

• Techniques to be implemented for collecting details for research
• Method applied for analyzing collected details
• Type of research methodology
• Probable objections for research
• Settings for research study
• Timeline
• Measurement of analysis

Research Design Characteristics:

There are four key characteristics of research design:

Neutrality: The results projected in research design should be free from bias and neutral. Understand
opinions about the final evaluated scores and conclusion from multiple individuals and consider those
who agree with the derived results.

Reliability: If a research is conducted on a regular basis, the researcher involved expects similar results
to be calculated every time. Research design should indicate how the research questions can be formed
to ensure the standard of obtained results and this can happen only when the research design is reliable.

Validity: There are multiple measuring tools available for research design but valid measuring tools are
those which help a researcher in gauging results according to the objective of research and nothing else.
The questionnaire developed from this research design will be then valid.

Generalization: The outcome of research design should be applicable to a population and not just a
restricted sample. Generalization is one of the key characteristics of research design.

Types of Research Design:

A researcher must have a clear understanding of the various types of research design to select which
type of research design to implement for a study. Research design can be broadly classified into
quantitative and qualitative research design.

Qualitative Research Design:

 Qualitative research is implemented in cases where a relationship between collected data and
observation is established on the basis of mathematical calculations. Theories related to a naturally
existing phenomenon can be proved or disproved using mathematical calculations. Researchers rely on
qualitative research design where they are expected to conclude “why” a particular theory exists along
with “what” respondents have to say about it.

Quantitative Research Design: 

Quantitative research is implemented in cases where it is important for a researcher to have statistical
conclusions to collect actionable insights. Numbers provide a better perspective to make important
business decisions. Quantitative research design is important for the growth of any organization because
any conclusion drawn on the basis of numbers and analysis will only prove to be effective for the
business.  

Further, research design can be divided into five types :

1. Descriptive Research Design: In a descriptive research design, a researcher is solely interested in

describing the situation or case under his/her research study. It is a theory-based research design which
is created by gather, analyze and presents collected data. By implementing an in-depth research design
such as this, a researcher can provide insights into the why and how of research.  

2. Experimental Research Design: Experimental research design is used to establish a relationship

between the cause and effect of a situation. It is a causal research design where the effect caused by the
independent variable on the dependent variable is observed. For example, the effect of an independent
variable such as price on a dependent variable such as customer satisfaction or brand loyalty is
monitored. It is a highly practical research design method as it contributes towards solving a problem at
hand. The independent variables are manipulated to monitor the change it has on the dependent
variable. It is often used in social sciences to observe human behavior by analyzing two groups – affect of
one group on the other.
 3. Correlational Research Design: Correlational research is a non-experimental research design
technique which helps researchers to establish a relationship between two closely connected variables.
Two different groups are required to conduct this research design method. There is no assumption while
evaluating a relationship between two different variables and statistical analysis techniques are used to
calculate the relationship between them.

Correlation between two variables is concluded using a correlation coefficient, whose value ranges
between -1 and +1. If the correlation coefficient is towards +1, it indicates a positive relationship between
the variables and -1 indicates a negative relationship between the two variables.  

4. Diagnostic Research Design: In the diagnostic research design, a researcher is inclined towards
evaluating the root cause of a specific topic. Elements that contribute towards a troublesome situation are
evaluated in this research design method.

There are three parts of diagnostic research design:

• Inception of the issue

• Diagnosis of the issue
• Solution for the issue

5. Explanatory Research Design: In exploratory research design, the researcher’s ideas and thoughts
are key as it is primarily dependent on their personal inclination about a particular topic. Explanation
about unexplored aspects of a subject is provided along with details about what, how and why related to
the research questions.

Identify main characteristics of informal interview . How far it is

different from other interviews ? What is the significance of
informal interview in legal research.

Informal Interview :
Informal interviews are an increasingly popular aspect of the hiring process. You're still meeting with one
or more current employees of the company you want to work for and exchanging information about
yourselves and the job.

Characteristics of Informal interview :

Informal interview :

• The informality generates a greater degree of trust which can allow for the exploration of more
sensitive issues.
 • It do not generate quantitative data.

• It is not based on list of questions nor do they use fixed response categories.

• If a person presents himself well in informal interview, then the next step in hiring process is more
formal interview.

• Employers prefer informal interview than formal, because employers find an easy way to know
better about the person.

• It is a casual and relaxed may be conducted in outside of office

• The data created by informal interviews is quantitative, often very vivid and personal in tone. The
informality generates a greater degree of trust which can allow for the exploration of more
sensitive issues

• It do not generate quantitative data.

• It is not based on list of questions nor do they use fixed response categories.

Characteristics Interviewing as a method of data collection has

certain characteristics: They are
• The participants, the interviewer and the respondent are strangers. Hence ,the investigator get
him self introduced to the respondent in an appropriate manner.

• The relationship between the participants is a transitory one. It has a fixed beginning and
termination points, the interview proper is a fleeting momentary experience for them.

• Interview is not a more casual conversational exchange, but a conversation with a specific
purpose viz., obtaining information relevant to a study.

• Interview is a mode of obtaining verbal answers to questions put verbally.

Significance of interview in legal research :

An interview is generally a qualitative research technique which involves asking open-ended questions to
converse with respondents and collect elicit data about a subject. The interviewer in most cases is the
subject matter expert who intends to understand respondent opinions in a well-planned and executed
series of questions and answers. Interviews are similar to focus groups and surveys when it comes to
garnering information from the target market but are entirely different in their operation .

Fundamental Types of Interviews in Research:

A researcher has to conduct interviews with a group of participants at a juncture in the research where
information can only be obtained by meeting and personally connecting with a section of their target
audience. Interviews offer the researchers with a platform to prompt their participants and obtain inputs in
the desired detail. There are three fundamental types of interviews in research:

• Structured Interviews:
Structured interviews are defined as research tools that are extremely rigid in their operations are allows
 very little or no scope of prompting the participants to obtain and analyze results. It is thus also known as
a standardized interview and is significantly quantitative in its approach. Questions in this interview are
pre-decided according to the required detail of information.

Structured interviews are excessively used in survey research with the intention of maintaining uniformity
throughout all the interview sessions.

Advantages of structured interviews:

• Structured interviews focus on the accuracy of different responses due to which extremely organized data
can be collected. Different respondents have different type of answers to the same structure of
questions – answers obtained can be collectively analyzed.
• They can be used to get in touch with a large sample of the target population.
• The interview procedure is made easy due to the standardization offered by structured interviews.
• Replication across multiple samples becomes easy due to the same structure of interview.
• As the scope of detail is already considered while designing the interview, better information can be
obtained and the researcher can analyze the research problem in a comprehensive manner by asking
accurate research question.

Disadvantages of structured interviews:

• Limited scope of assessment of obtained results.
• The accuracy of information overpowers the detail of information.
• Respondents are forced to select from the provided answer options.
• The researcher is expected to always adhere to the list of decided questions irrespective of how
interesting the conversation is turning out to be with the participants.
• A significant amount of time is required for a structured interview.  

Semi-Structured Interviews:
Semi-structured interviews offer a considerable amount of leeway to the researcher to probe the
respondents along with maintaining basic interview structure. Even if it is a guided conversation between
researchers and interviewees – an appreciable flexibility is offered to the researchers. A researcher can
be assured that multiple interview rounds will not be required in the presence of structure in this type of
research interview.

Advantages of semi-structured interviews:

• Questions of semi-structured interviews are prepared before the scheduled interview which provides the
researcher with time to prepare and analyze the questions.
• It is flexible to an extent while maintaining the research guidelines.
• Researchers can express the interview question in the format they prefer, unlike the structured interview.
• Reliable qualitative data can be collected via these interviews.
• Flexible structure of the interview.

Disadvantages of semi-structured interviews:

• Participants may question the reliability factor of these interviews due to the flexibility offered.
• Comparing two different answers becomes difficult as the guideline for conducting interviews is not
entirely followed. No two questions will have the exact same structure and the result will be an
inability to compare are infer results.   
 Unstructured Interviews:
Also called as in-depth interviews, unstructured interviews are usually described as conversations held
with a purpose in mind – to gather data about the research study. These interviews have the least number
of questions as they lean more towards a normal conversation but with an underlying subject.

Must keep the following factors in mind :

• Intent of the interview.

• The interview should primarily take into consideration the participant’s interest and skills.
• All the conversations should be conducted within permissible limits of research and the researcher should
try and stick by these limits.
• The skills and knowledge of the researcher should match the purpose of the interview.
• Researchers should understand the do’s and don’ts of unstructured interviews.

Advantages of Unstructured Interviews:

• Due to the informal nature of unstructured interviews – it becomes extremely easy for researchers to try
and develop a friendly rapport with the participants. This leads to gaining insights in extreme detail
without much conscious effort.
• The participants can clarify all their doubts about the questions and the researcher can take each
opportunity to explain his/her intention for better answers.
• There are no questions which the researcher has to abide by and this usually increases the flexibility of
the entire research process.

Disadvantages of Unstructured Interviews:

• As there is no structure to the interview process, researchers take time to execute these interviews.
• The absence of a standardized set of questions and guidelines indicates that the reliability of unstructured
interviews is questionable.
• In many cases, the ethics involved in these interviews are considered borderline upsetting.

Methods of Research Interviews:

There are three methods to conduct research interviews, each of which is peculiar in its application and
can be used according to the research study requirement.

Personal Interviews:
Personal interviews are one of the most used types of interviews, where the questions are asked
personally directly to the respondent. For this, a researcher can have a guide online surveys to take note
of the answers. A researcher can design his/her survey in such a way that they take notes of the
comments or points of view that stands out from the interviewee.

Advantage:

• Higher response rate.

• When the interviewees and respondents are face-to-face, there is a way to adapt the questions if this is
not understood.
• More complete answers can be obtained if there is doubt on both sides or a particular information is
detected that is remarkable.
• The researcher has an opportunity to detect and analyze the interviewee’s body language at the time of
asking the questions and taking notes about it.

Disadvantages:

• They are time-consuming and extremely expensive.

• They can generate distrust on the part of the interviewee, since they may be self-conscious and not
answer truthfully.

Contacting the interviewees can be a real headache, either scheduling an appointment in workplaces or
going from house to house and not finding anyone.

Telephonic Interviews:
Telephonic interviews are widely used and easy to combine with online surveys to carry out research
effectively.

Advantages:

• To find the interviewees it is enough to have their telephone numbers on hand.

• They are usually lower cost.
• The information is collected quickly.
• Having a personal contact can also clarify doubts, or give more details of the questions.

Disadvantages:

• Many times researchers observe that people do not answer phone calls because it is an unknown number
for the respondent, or simply already changed their place of residence and they cannot locate it, which
causes a bias in the interview.
• Researchers also face that they simply do not want to answer and resort to pretexts such as they are
busy to answer, they are sick, they do not have the authority to answer the questions asked, they have
no interest in answering or they are afraid of putting their security at risk.

Email or Web Page Interviews:

Online research is growing more and more because consumers are migrating to a more virtual world and
it is best for each researcher to adapt to this change.

Advantages of email surveys:

• Speed in obtaining data

• The respondents respond according to their time, at the time they want and in the place they decide.
• Online surveys can be mixed with other research methods or using some of the previous interview
models. They are tools that can perfectly complement and pay for the project.
• A researcher can use a variety of questions, logics, create graphs and reports immediately.

To summarize the discussion, an effective interview will be one that provides researchers with the
necessary data to know the object of study and that this information is applicable to the decisions
researchers make.