International Journal of Science Arts and Commerce Vol. 2 No.

2, April-2017

INTERNATIONAL JOURNAL OF
SCIENCE ARTS AND COMMERCE

LEGAL RESEARCH PROPOSAL FOR STUDENTS OF

LAW

Prof. (Dr.) Mohammed Saheb Hussain

Mohammed Masoud Khartoum

Abstract
An abstract is usually the first indicator as to the strength of a particular research work/project,
and can form the basis for accepting the research proposal. Research proposal is a brief
introduction outlining the general area of study and identifying the subject area within which
study falls. This article covers research, legal research process, type of legal research, the
essential component in legal research proposal conducted under the doctrinal method, empirical
or qualitative and quantitative methodology depending on the topic of legal research. Legal
research is never finished but the experienced researcher identifies when to stop.

Keywords: Research- Legal Research- Elements of Research Proposal

1.0 Introduction
Research is derived from a French word ‘recerch’ meaning ‘to search’ and a Latin word
‘circare’ meaning to ‘to go round in a circle.’ Research1 is continuum. Research is an enquiry for
the verification of a fresh thing or for supplementary prevailing theories by new knowledge. 2 The


Professor of Law, Faculty of Law, The Open University of Tanzania, P.O. Box: 31741, Kinondoni, Dar-Es Salaam
Tanzania-East Africa.

Assistant Lecturer, School of Law, College of Business Studies and Law, The University of Dodoma, Dodoma,
Tanzania, East Africa.
Our sincere thanks and gratitude to Prof. (Dr.) Abdul Rayees Khan, Former Professor of Law, Mzumbe
University, Tanzania, East Africa who inspired both us to go ahead and gave his material and suggestion to
improve this paper.
1
Many authors, Encyelopaidia defined research namely Manheim, Redman and Mary, Lundberg, Cook, Clifford
Woody, John Best, Rusk Whites, Heetehins, Craford, Young, Mayura Mathur, Encyelopaedia Britanica;
Encylopaedia of Social Sciences.
2
Raj Kumar Agrawala, ‘Indian Legal Research: An Evolutionary and Perspective Analysis.’ Journal of Indian Law
Institute.. Vol.24, Nos.2, 3 and 4, 1982. p.470.

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International Journal of Science Arts and Commerce Vol. 2 No. 2, April-2017

research is undertaken as a part of the process of law reforms. It is undertaken for making
suggestion for improvements in the law of concrete and easily identifiable matters and the
formulation of those proposals in precise format.3 The purpose of legal research is to find
"authority" that will aid in finding a solution to a legal problem and to suggest reform in the
existing law; to establish the relationship between law and some ‘X’ disciplines affecting human
activities; to search as collect and make available the legal principles which are useful for
society, but which have not yet became the part of statutory law; to suggest a set of rules where
no rules exist at all; and out of these purposes.4 Legal research is defined by legal studies since it
is the materials that are used in legal studies and the topics that are taught and learnt that
determine legal research. In a similar light, legal studies5are also defined by legal research as the
discoveries of legal research shape legal studies.
Primary authorities are the rules of laws, ie., statutes, rules and regulations,
government/executive orders, court order plus decisions that are binding upon the courts,
government, and individuals . Secondary authorities are commentaries on the law that do not
have binding effect but aid in explaining what the law is or should be. The resources available to
find legal authority are vast, wide, and complicated leading many law schools in India both
traditional universities and national law universities to teach legal research/legal methodology
classes to students of law in all levels ie both undergraduate/post graduate or Ph. D. level too.6
Proposal definition is ‘an act of putting forward or stating something for consideration.’7 A
student or pupil is a learner, and someone who attends an educational institution regular or
private or distant mode etc. In Britain those attending university are termed "students". Law is
enacted to regulate the social and economic actions of individuals. The end result or outcome of
the law is the socio-economic, political, cultural welfare and prosperity of the society.
Research proposal is a brief introduction outlining the general area of study and identifying the
subject area within which study falls. One should also refer to the current state of knowledge and
any recent debates on the subject. There should be need to reference this in the same would do if
it was writing an essay, for example any articles or books you refer to should be footnoted with
the full details of author, title, publication date, year and so on. The author is concerned with
legal research proposal and that aspect only covered in this article. This research proposal with
slight modification is going to be the research first chapter in general in every research.
An attempt is made in this article through light each word of title explanation with research
process, purpose of legal research with its complexity, types of research; brief outline of legal
research proposal and on the elements of legal research proposal with details and ends with
conclusion plus recommendations.

3
Bakshi, P.M., ‘Legal Research and Law Reform.’ Journal of Indian Law Institute. Vol. 24, No.2,3, 1982.p.391.
4
Tewari, H.N., Legal Research Methodology. Faridabad, Allahabad Law Agency, 1997.p.29.
5
Prepared and Submitted by: Dr. Sope Williams-Elegbe and Edefe Ojomo Institutional Affiliation(s): Stellenbosch
University, South Africa, and University of Lagos, Nigeria. Date of Submission: February 2013.
6
https://www.law.cornell.edu/wex/legal_research (Accessed on 17th February 2017).
7
merriam-webster.com/dictionary. (Accessed on 18th February 2017).

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1.1 Research Process

There are the five steps in Legal Research Process. a) Formulate a Research Plan; b) Consult
Secondary Sources; c) Consult Primary Sources; d) i) Expand Primary Law; and ii) Update
Primary Law; e) Analyze and Organise Results.8

1.2 Complexity of Modern Legal Research

There are many tools for conducting legal research than earlier time but still the research task has
become tough rather than easy. There are more bases to cover these tasks. Computer research has
introduced the need to be completely current to make task easy, and to develop new skill sets.
There has been a dramatic increase in the volume of judge made law and statutory material.
Secondary sources have grown exponentially and the law of other jurisdictions must often be
researched so that comparative study could be conducted in legal research.9

1.3 Types of Legal Research10

Types of legal research is i) Theoretical Research; ii) Applied Research; iii) Action Research; iv)
Inter-disciplinary Research; and v) Evaluation Research. Legal Research can also be classified
based on sponsorship such as i) Institutional or sponsored research; and ii) Academic or doctoral
research.

2.0 Brief Outlook on the Research Proposal

Conducting a research work or study, in whatever specialisation, is neither simple nor a
complicated thing. How simple or complicated it might be, largely depends on how much
information a researcher has, in the area he or she intends to conduct the research or study. The
researcher, in whatever circumstances, is obliged to have either gathered or collected much
information widely helping him or her to conduct the research work or study intended in a
successfully manner. In a similar point, however much information obtained or collected by the
research is just one side of a coin since even though the researcher may well be knowledgeable
about what he or she wishes to conduct research about, which is regarded as a substance of the
research or study, the next important thing, which must be born in mind is the methodology of
the research or study intended to be carried out. In this case, the researcher must well be alerted
that having a substance of the research/study are one thing and the methodology to be well
applied impacting a meaning of the said substance is a matter which should be carefully dealt by
every researcher expecting to conduct the meaningful research/study in a particular
specialization. In this regard, the hereinabove points must not, in any case, be left unconsidered,
while carrying out the successful research/study. Indeed, it is indeed important to understand that
conducting research/study is not a matter of completion of the task in a day, week, month or
year.
Depending on the level the research which is conducted, some researches/studies may sometimes
take a longer period than expected, particularly Ph.D. research/studies. Taking a short or longer
duration is, however, justified by specialisation of the research/study the researcher is taking or

8
http://guides.law.ufl.edu/slrh_5steps (Accessed on 17th February 2017).
9
http://legalresearch.org/essentials/importance-of-legal-research/(Accessed on 17th February 2017).
10
To reduce the length of our article details are not discussed or explained.

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in other situations, activism or commitment and concentration of the researcher in having

ambitions to complete the task within deadline, and without delay or further request of extension
of time from respective academic authorities, let say, the Faculties or Schools. With all this in
mind, it is clearly that research/study is also a step-by-step completing task, for which the
researcher must make possible plans since when he/she formulate an idea of his or her
research/study until when the researcher fully embarks himself or herself to the task.
As stated earlier that conducting the research/study is the step-by-step activity, for sure it is
undisputable fact that, there is no a difficult point of starting conducting the research/ study, for
the researcher of whatever levels, than preparing research proposal. For Ph.D. level, this
research/study level is only possible after the researcher to take his or her admission in the
respective Faculty of School, and furnishing the necessary fees. Preparation of the “research
proposal” needs so much skills and knowledge that the researcher should have been taught in the
“Research Methodology” course before preparing the same. Some of the skills and techniques
that the research must have, are some also useful to know, especially at the time of making
defence of the research/ study already prepared.

3.0 Conducting the Research

Bearing this in mind on what had been earlier stated; there are a number of issues that should be
carefully considered by the researcher while preparing the research proposal as indicated
hereunder:
i) Knowing the elements of the research proposal;
ii) Understanding the essentials or components of each and every element of the research
proposal;
iii) Understanding how each component of the essentials of the research proposal fits or
relates with the research intended to be carried out; and
iv) Understanding and collecting full information related to the title11 or topic of the
research/study, by reading a good number of literatures before even embarking into the
task of writing the research proposal. Here, it is important to note that some components
of the research proposal can not be easily tackled or answered based on imaginative or
brain thinking capacity, rather it is only useful information obtained in various
literatures consulted by the researcher.

To answer the above issues, which are about for the research to understand all the elements of
the research proposal, these are as follows:
3.1 Introduction
3.2 Background to the Problem
3.3 Statement of the Problem
3.4 Significance of the Study
3.5 Objective of the Study
3.51 General Objective

11
The title should be brief; it should be accurate, descriptive and comprehensive, clearly indicating the subject of the
investigation/research.

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3.5.2 Specific Objective

3.6 Literature Review
3.7 Hypothesis12
3.8 Research Methodology
3.9 Limitation and Scope of the Study
3.10 Time, Research Progress and Financial Tables
3.11 Chapterisation
3.12 Bibliography/Selected Bibliography
3.13 Annexure/Appendix if any

As earlier stated, it is an obligation of the researcher carrying out the research, as a second step,
to understand all important components contained in each elements hereinabove indicated. The
components are as outlined hereunder:

3.1 Introduction
Introduction forms part and parcel of the research proposal of the research or study. The
researcher is expected, in this part, to clearly introduce his or her topic for readers or reviewers to
understand what exactly the research/study conducted intended to give what a message. This part
basically deals with following hints, for the researcher preparing the research proposal must
know as:
 Stating clearly as what does the topic/title13 specifically relate to, for example, whether it
is a field of public or private law, international law, civil or criminal law, etc.
 The viability of the topic to do the research
 Stating clearly the nature of the subject in relation to the proposed topic at hand.
 Showing any possible relation of the subject, for instance, whether the proposed topic
covers both national and international laws.

3.2 Background to the Problem

Forming an important part of the research proposal of the research/ study, the researcher while
preparing background to the problem must cover the following components as:
 The researcher intending to carry out the research/study must clearly indicate what
created him or her in mind about conducting such research/study.
 He or she must, in this part, show as to what made him or her interested to conduct such
research or study.
 He or she must also indicate as to what inspired/motivated him or her to do such
research/study.

12
It is better use side heading only Hypothesis rather using the Research questions. Research questions are nothing
but the specific objectives. But the author has dealt too regarding Research question as the every student has to
know what is Research Question.
13
Topic of research should not be more than 10 to 12 words and should specific and avoid the acronyms in the
research proposal topic. To be strict strive for the title to be ten words or 60 characters only.

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 He or she must also indicate as to what has caused the legal system to completely change
as a result of the occurrence of the matter, for which the research/ study is carried out for
such purpose.

3.3 Statement of the Problem

This is basically what makes a research/ study to be carried out. In most of the cases, for
intended research/study to acquire its academic credibility, this is an area, which mostly the
supervisors are interested to look at first. The supervisors will give go ahead to their respective
supervisees on whether the title is researchable or otherwise after carefully and deeply examining
this part of the research proposal. It is also important to note that ‘statement of the problem”,
should consider position of the laws in various aspects, which are definitely of very
contemporary. This is due to the fact that the legal system has been drastically changed from
time to time, and the old rules have been replaced by new ones, and eventually existing gaps in
laws have now been accommodated. In line of this, the very newly rules have also been installed
to the current legal system, of which they nowhere covered under applicable statutes. To state
briefly, for instance, before 1980’s, Tanzanian legal system lacked a number of important rules,
which later introduced to suit the modernity. Today, there are emerged several new rules in areas
like environmental law rules, intellectual property, human rights, and ADR, etc. Emergency of
these rules have created a chance to the researchers to conduct more researches/study to inform
the general on what exactly surfaces on these new rules. Usually, the components that have to be
considered in this part are as follows:
 Absence of the law
 Inefficiency of the law
 Implementation/enforcement of the law
 Court interpretation of such a law may be wrong, etc.

3.4 Significance of the Study

Basically, the researcher has to indicate in this part of the research/study as to how this
study/research is important. The findings of research would be helpful in particularly to the
students, scholars, legal practitioners and judiciary in addition to that in general to the nation

3.5 Objective of the Study

This is also another important aspect contained in the research proposal. It is important to
understand that many researchers confuse with this part, and eventually they write a total
different thing from what they really intended. Confusion appears in getting the meanings of two
words, for examples, “object” and “objectives”. The two mentioned words are totally different in
meaning, and experience shows that many researchers write the former to mean the later, where
certainly is absolutely improper in the research/study. To make the points clear in terms of their
distinctions, and how they mean and differ from one another in the research context, let say, by
object is meant “an intention”, while objective is meant “motive” to do something. The
researchers while carrying out their respective researches/studies are, in this case, obliged to

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concentrate on the second word, which is “motive” and by using this word contextually will give
a real meaning of what “objective of the study” is all about in a research/study.

3.5.1 General Objective

To attempt this part well, a number of components must be considered as indicated hereunder:
 What is going to happen when a particular research/study is completed?
 What the researcher is going to achieve in conducting the research/study he or she doing.
 What the research/study is going to change in the current legal system relating to the
research/study intended to be carried out.

More importantly, objective of the study is divided into two main parts in any research/study,
especially legal research/study. These are “General” and “Specific” objectives. It is, however,
important to bear in mind that the two objectives are interdependent in many ways. Equally,
general objective of the research/ study should always be a source of the other specific objectives
in the research/study. Putting it in another form, specific objectives should always be generated
from /elements of the general objective in the research/study. To give a clear illustration, though
it may not be so relevant for legal research/study, but definitely it would be of very much
assistance in better understanding of the concept under discussion by the researchers. The
researcher may, for instance, keep such general objective thus: “The Government has shot
demonstrators in order to maintain peace”. Here, “maintaining peace,” in this case, when it is
used in the research, is exemplified as the General Objective.

3.5.2 Specific Objectives

Having composed such hereinabove indicated general objective of the research/study, then
follows the composition of the specific objective of the research/study, of which to recall, we
earlier said that the specific objectives should always be generated from the general objective of
the research/study. To compose the specific objectives of the research/study based on
hereinabove indicated example of the general objective, the researcher could thus compose:
“The Government has shot the demonstrators in order maintain peace.” to achieve the
following:
 Maintaining good life for its citizens.
 Maintaining tranquility in the country.
 Stopping chaotic behaviors of the political parties when threatening peace and order, etc.

Therefore, all stated above shown examples of the specific objectives as evidently observed here
generate from the main or general objective and they all serve the general objective of the
research/study as proposed.

3.6 Literature Review

Literature review is a very complicated as well as confusing part to many researchers conducting
the research/study. It is also on the other hand, a simple one if the researcher knows how best to
make it out. Again, how simple, complicated confusing it is, depends on a number of factors,

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including but not limited to, much information the researcher has acquired from different sources
of information such as books, journals, encyclopedias, dictionaries, website materials (authentic
sources and not like Wikipedia which is easily edited), and so on,14 and also how those materials
are written or well presented while writing this part, to make a proper literature review of the
research/study. It is indeed important that, while preparing literature review of the
research/study, two concepts should also be employed. These two concepts actually help and
indicate how the researchers have done in the literature review part. The stated concepts are:
“Theoretical” and “Operational” review. In each case, the researcher has to indicate in the work
how each of the above aspect has been accordingly applied in the research proposal.

3.6.1 Theoretical Review

This has to deal with how much literatures the researcher has collected and read them in the
course of preparing his or her research proposal. In this case, the following components must be
considered as:
 The researcher should clearly write in this part of the research proposal that the literature
is reviewing was conducted by so and so author or writer. To show it clearly, for
instance, the researcher may indicate thus: “this research/study was conducted by
Sulaiman Ameer Sulaiman, and in his research, he wrote……………………………”
 With reference to the above hint, the researcher may also write what the author or writer
has written by quoting what is written in a paragraph manner, and in quotation style.
 In theoretical review, the researcher should also indicate how such the literature used is
tallying with the research/study or idea he is writing or intending to write about.
 It can also be indicated, in this way, if the author or writer has written his or her research
the research is using or intend to use, in different angle than the researcher is conducting
his or her research.
 What the authors are not covered depending upon the topic the research has to dwell
upon it and conduct his or her research in different angle or different perspective and
clearly mention that the author has not dealt this aspect and the research doing or
conducting that grey area and proceeding where the author stopped.

3.6.2 Operational Review

Having covered the theoretical review part, the researcher while preparing the research proposal
of the research/ study, the researcher should on other hand, consider other way of conducting
literature review, which is “operational review”. In this case, the researcher while attempting this
part perfectly, he or she must consider the following components as indicated herein below:
 The researcher has to indicate in the literature review how practical the author or writer
he uses his or her reference has done such referred research.
 It must also indicated by the researcher on whether the referred author or writer has used
interview15 or otherwise, and the extent to which the researcher intends or will rely or use
the same.

14
One should not use reported or unreported cases in literature review.
15
Types of Interview: The types of interview may be categorized on the basis of the grounds viz., a) Formaless- i)

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 In case where the referred author or writer has used tables or not, the researcher should
also clearly indicate it during preparation of his or her research proposal of the
research/study.

3.7 Hypothesis
In conducting any research/study of whatever specialisation, particularly while preparing the
research proposal, there is nothing which more complicated and difficult to the researchers than
formulating hypothesis of the research/study.
Hypothesis (plural form is hypotheses) is combination of two Greek words. ‘Hypo’ means less
than or under; and ‘thesis’ means idea or general opinion to be defended by a persona and thus
‘hypothesis16 means an idea formed beforehand which has less value than the generally formed
view. In other words hypothesis is a brief summation of the researcher's prediction of the study's
findings, which may be supported or not by the outcome.
The function of Hypothesis
The function of the hypothesis is to state a specific relationship between phenomena in such a
way that this relationship can be empirically tested. That is, hypothesis must be empirically
demonstrated as either probable or not probable.17Hypotheses can be categorised in two broad
categories: a) Experimental; and b) Non-experimental.
Hypothesis of the research/study is simply said to be a kind of phenomena about a particular
issue or incident which has occurred (for instance, to say, there is an accident). To elaborate it
further, hypothesis simply means “a short statement, usually in tentative way, relating to
assumptions obtained by the researcher, from the information obtained as a result of reading
various literatures on the proposed title or topic.” From this explanation, it is evident that the
hypothesis of the research/study should always be formulated by the researcher based on the
relevant information obtained for relevant title or proposed topic of the research/study. In this
regard, the following should also be put into account thus:
 The researcher has to formulate the hypothesis of the research/study based on the relevant
information obtained after consulting or reading a good number of literatures relevant to
the proposed title.
 In view of the above, the hypothesis of the research/study must always be formulated
using what the researcher has read, and not from the researcher’s brain.
 The researcher while formulating the hypothesis has to show what he has found in
reading various literatures already consulted in the course of preparing the research
proposal.
 The researcher while formulating his or her research/study’s hypothesis may, for
instance, indicate in the aspect of “Hypotheses” of the work thus: “According to the

Structure; ii) unstructured; b) Methodology and Role: i) focused; ii) Repetitive; iii) Non-diective; c) Purpose: i)
Treatment; ii) Selection; iii) Curiosity; iv) Innovative; d)Subject Matter; i) Qualitative; ii) Quantitative; iii)
Mixed; e) Number: i) Group; ii) Individuals; f) Period of Contact; i) Short Contact; ii) Long Contact. Further
See; Myneni, S.R., Legal Research Methodology.5th Ed. Faridabad, Allahabad Law Agency, 2012. p.209.
16
Many authors defined or explained hypothesis among them are George A. Lundberg, Werkmeister, Goode
Hatt, Robert A Berlein and James A dyer, Cohen and Nagel, Mc Grigan plus Websters New International
Dictionary and other encyclopedias too.
17
Goode, William J., and Hatt, Paul K., Methods in Social Research. Auckland, McGraw Hill, 1981.p.74.

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information obtained from a number of literatures consulted, the following

assumptions are formulated as indicated hereunder:”

3.7.1 Research Question

Besides, the issue of use of the “Research Questions” in the research proposal has also been
very problematic and confusing aspect to the majority of the researcher and academic personnel
in particular. It is a wrong thinking of many researchers and their supervisors sometimes that
‘research questions’ has to be omitted in case when the researcher has used ‘hypotheses’
meaning thereby that ‘hypotheses’ and ‘research questions’ cannot be used simultaneously. This
assumption may be wrong since both of the two can possibly be used simultaneously in the same
research proposal. In a similar note, the use of ‘research questions’ has also sometimes been
conceptualised wrongly in terms on how it has to be applied or used while researcher prepares
his or her research proposal. Taking experience of many researchers, they think that the use of
the ‘research questions’ is simple to change a particular hypotheses from a tentative way and
formulate the same into question, and by keeping ‘question marks (?) at the end. Again, this
assumption is absolutely wrong since the application of the ‘research questions’ is made in
totally and different significant way in the research work/study. The ‘research questions’ is
always significantly used as ‘elaboration of the hypotheses’ formulated in the same research
proposal of the research/study. To illustrate this point further, for example, the researcher may
formulate thus: “This teacher is unjust”. This can be a possible hypothesis in the research, and
therefore, the possible ‘research questions’ as may be formulated based on the same hypotheses
taken as elaboration of it may be thus: The teacher is unjust in:
 Setting examination questions in the examination papers.
 Marking the examination papers.
 Awarding the marks (scores) of the examination, etc.

The hereinabove indicated points are examples of the research questions that can simultaneously
used in the same research proposal of the research intended.
In short or sum up, the general objective is deemed to be the first hypothesis and specific
objectives to be reflected as second, third hypotheses in sequence.
To avoid the confusion, it is better that the researcher should omit the Research Questions which
is nothing but specific objectives. The author has mentioned to have an idea what would be the
Research Questions. Hence, it is mentioned in this article as a side heading to have knowledge to
the researcher what are research questions.

3.8 Research Methodology

Method is the way of doing something. Methodology18 is the science or study of particular
subject. The concept of research methodology is much wider. In the other words the researcher
follows in pursuing a research is known research methodology.

18
Methodology is defined by Dickinson Mc Graw and Geroge Watson, Kaplan, Paul Diesing, Worley,etc., Those
are person who are exponent in Research. To concise the work/this paper or article full details are not mentioned.

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Recalling what stated very earlier that in conducting the research/study, it is not only a matter to
have gathered a lot of information, have enough knowledge on the matter for which the
researcher intends to conduct the research/study, rather it is a matter of applying the knowledge
the research has (substance) in a proper methodology required in the research/study. In this
respect, for the research to effectively apply the methodology he wishes to apply appropriately is
inevitable thing to do. In attempting this part well, the following components should be
considered:
 The researcher should indicate why the chosen methods are used in the research/study.
 Indicating various stakeholders relied upon while conducting the data used in the
research/study such police department, advocates, other judicial officers, etc.
 The researcher should also indicate types of data he or she would wish to collect while
conducting the research/study.
 The researcher may adopt the qualitative and quantitative method it depends on the topic.
In other words, there is Library Research and Field Research/Empirical Research.
 The sampling method,19 sample size, the methods employed ie research instruments and
research design20 observation21 always be present in the research methodology to testify
the hypotheses as well as research questions.

To sum up most of the legal research is library-based. It means relying on information that
already exists; such as books, journal articles, case reports, legislation, treaties, and historical
records. Some studies, however, might require the use of fieldwork or empirical data – that is,
gathering information through direct interaction with people and processes, such as interviews,
questionnaire,22 and schedule23 or court observation. Ethical values should be observed while
discussing in literature review when asking or preparing the questionnaire as well as schedule
too.

3. 9 Limitations and Scope of the Study

This is also another important element in the research proposal. The researcher has to indicate, in
this part, among other components:
 Geographical limitation where the research/study is going to cover.

19
There are various techniques to select the sample for a study. They are purposive sampling, random sampling and
stratified sampling and each of which have their own merits.
20
Research design which clearly states the problem, controls the relevant variables, and selects an appropriate logic
of demonstration is a goal difficult of achievement but worthy of great effort,
21
In Social science research much information must be gathered before a genuine experiment can be designed, and
both participat and non participate observation are used for this purpose. Further details See Goode and Hatt,
Methods in Social Research. Auckland, Mc Graw Hill, 1981.pp.119-131.
22
The following type of questions may be applied to receive information: i) open-end questions/ii) Structured
questions; iii) Dichotomous questions; iv) Multiple choice questions; and v) Leading questions.
23
In the words of Thomas Carson McCormick “The schedule is nothing more than a list of questions which it
necessary to test the hypothesis or hypotheses.” As per P.V. Young has described four types of schedule viz., i)
Rating Schedule; ii) Documents Schedule; iii) Institution Survey forms or Evolutional schedule; iv) Observation
schedule; and v) Interview Schedule. Further details Please see Tewari, H.M., Legal Research Methodology.
Faridabad, Allahabad Law Agency, 1997. pp.208 & 209.

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 Any financial limitations that the researcher is expecting to face in the course of
conducting his or her research/study.
 Dearth of literature and grey area in the research field where no one treaded that path and
the researcher has to walk on the un-trodden path depend on the topic researcher has
chosen.
 Any other limitations other than the limitations stated above that likely may impediment
to the researcher while conducting the research/study.
 Confidentiality of interviewee and ethical grounds not to declare the persons names those
who are interviewed.
 Sensitive issue which tamper the person modesty or dignity or conduct etc.,
 Non cooperation of interviewees in certain topics of research because of social stigma or
blame etc.,
 The scope is a very important part of the research as it provides a layout that guides the
writer, and eventually the reader, in addressing the work

All research is limited by variables depending upon the topic to be researched. Adding limitation
study does not make research any less valid or important. Scope of study, outline the limitations
of the research, the specific data or literature used for the research and the theories/interpretation
used to utilise or explore the data. All most of limitation and scope both mean the same idea in
different platforms or spheres.

3.10 Time, Research Progress and Financial Tables/Frame Work

It the research is sponsored, the time frame, the progress and financial commitment chart should
be followed.
Develop a time table in table form, indicating the sequence of research proposal phases and the
time that researcher will probably need for each phase. Take into account that at this stage, it can
only be estimated, but make clear that researcher has an idea about the time span that will be
needed for each step. In the same table indicate the financial and time frame work column too.

3.11 Chapterisation24
In general research work will run into chapters. The first one on Introduction brings out the
importance of the study, and states its objectives and hypotheses. It also includes methodology
and limitations. Next Chapter will contain previous reviews, history of the Problems. A Quick
look on subjective well-being will also be carried out. The other Chapter will be a
methodological part of the study. Analysis and Discussions is to be done. Findings, Conclusions
and Suggestions for further Research will be presented in the last Chapter followed by
Bibliography, Reference plus Appendices or Annexure if any.

3.12 Bibliography/Selected Bibliography

Bibliography style is used widely in literature, history, arts and in law. This style presents
bibliographic information in footnotes or endnotes and, usually, a bibliography. It is nothing but

24
It is optional and depends upon the policy of University or university to university it varies.

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list of academic works mentioned in research outline as well as other important works to which
researcher will refer during his/her research proposal.
The last but one item is Bibliography, where the researcher starts with Book, Journal, Reports,
Dissertation/thesis, News papers and Website. It should be arranged in alphabetical order.
In referencing the uniform style of referencing should be followed: Kate L. Turabian or APA
style or Chicago style or Blue Book Style 18th Edition or 19th Edition should be adopted. It
depends on University to University policy how the reference citation should be.

3.13 Annexure/Appendix25
An appendix cannot be submitted without the main copy. The aim of an appendix is to add
greater details, visuals and examples for better understanding of the main copy. An annexure,
however, is different from an appendix in that it can be considered without the main text. It
cannot be added to the main text but still has importance as regards the original copy.

4.0 Conclusion
Research is continuum. Legal research and methodology is a compulsory paper for both
under/post graduate students as well as Ph.D. scholars both traditional universities and National
Law Schools in India and abroad too. Framing of a research proposal might serve as starting
point for a report, a project, a dissertation and a Ph.D. thesis. The research proposal is not a fixed
blueprint. There is no fixed formula for writing a research proposal. Only acceptable guidelines
or hints are stated to write or develop research proposal. Every research proposal is designed
based on the topic of research and also based on universities rules and regulations or guidelines
too.
Now the outcome of research is only advices to think. Libraries and computers are two major
tools to make research proposal to the student of law.
Finding the right materials is a very important step, because knowing what to look for can ‘make
or break’ the resulting document. Finding the law is an important part of legal research, but the
ability to analyse what researcher has found and reach a conclusion or formulate an argument
based on it is just as essential. The proper research strategy and pre-research planning are also an
important factor in legal research. It helps to sort out the legal databases and save researcher’s
time. Even where the researcher has found the right source and information, they must know
how to use that information in their legal research proposal. Important issues such as citation,
language and arrangement, among others, can reduce the value of the hard work of a researcher.
Legal research is to conduct efficient and effective is to develop a research strategy, and
following good research methodology. The researcher is more familiar with the resources
available, the faster researcher can develop his/her strategy, and the more effective it will be.
Qualitative research may be doctrinal or non-doctrinal, while quantitative research is non-
doctrinal.
The law is constantly changing. The decisions of Apex Court show fluidity of legal doctrine.
Even where there is a decision of Apex Court, split decisions of the court make it difficult to

25
An annexure and an appendix are both forms of addendums to a main document..Plural form of Appendix
appendices.

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determine how the next case will be decided. In many areas there are conflicting decisions, or no
binding authority then researcher should know which law of other jurisdictions, and apply
creative analysis to the existing case law or create an argument.

5.0 Recommendation
The researcher greatest challenge might be narrowing the topic either in the title or in the abstract
research or research proposal. The title of research proposal is the most important determinant of
how many people will read it. The good research proposal title should is typically around 10 to 12
words. Avoid using acronym ADR better write in the title Alternate Dispute Resolution in the title
of research proposal/topic. A striking topic or title should be in research proposal.
Readers get all the details of the research proposal in the abstract itself, they might be
discouraged from reading the entire research proposal or topic of research. The title, abstract, and
keywords play a pivotal role in the communication of research. Hence the title, abstract and
keywords should be appealing or strike the mind or eyes of the reader to read or allure the reader
to read the research proposal. The abstract should work like a marketing tool.
Now the time to know or proceed to know about legal reasoning, scientific method, concepts,
theory, and sociology plus inter disciplinary research must and should be encouraged in all levels
of legal institutions. Researcher should state clearly how researcher research proposal will
contribute to the existing research in the literature review. There is never any hard and fast rule
or path. Researchers choosing different paths for the same research question may be equally
successful.
The hypotheses should be tested properly once the research proposal is accepted. The researcher
either writes specific objectives or writes research questions in their research proposal and tries
to avoid using both side headings in the research proposal.
There should be good research strategy which is based on good research methodology. The more
familiar researchers are with the resources available, the faster researcher can develop his/her
strategy, and the more effective it will be. Each researcher or students of law should and must
have computer savvy. In entire research work uniformity of referencing should be adopted or
followed viz., Entire work Turabian style of referencing or Blue Book referencing. The proposal
should be between 1500 and 2000 words (excluding bibliography). Researcher should give some
thought to any ethical or safety issues that may arise in respect of fieldwork in particular.

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