Q1: Doctrinal and non-doctrinal research

 Doctrinal research

Also known as "black letter" research, this methodology focuses on the law as it is written, rather than
how it is applied in practice. Doctrinal research involves analyzing, interpreting, and synthesizing legal
materials such as statutes, case law, regulations, and legal commentaries. The goal is to answer legal
questions, develop legal theories, or explain the law.

Doctrinal legal research focuses on theoretical research, that is, library-based study. Since it is the most
common methodology of legal research, it is used by most researchers. The purpose of doctrinal legal
research is to analyse, develop, and apply legal ideas and principles. It is also useful for interpreting legal
documents, which include statutes, case laws, treaties, and regulations. It also provides a detailed
understanding of the legal concepts, doctrines, and principles. The process for doctrinal research
methodology consists of various steps, which are as follows:
Identifying the research problem:
Collecting legal sources:
Evaluating those legal sources
Synthesising legal principles:

Examples of doctrinal legal research

Some of the examples of doctrinal legal research are as follows:

 Studying a series of court judgements to find out how a legal doctrine works and evolves over
a period of time, like the ‘basic structure doctrine’ of the Indian Constitution.
 Evaluating legal articles, textbooks, journals, commentaries, and other legal documents to
understand the ways in which scholars and jurists are interpreting various aspects of the law.

Merits of doctrinal legal research

Helpful at the initial stage:

Provides clarity to the researchers:
Cost-effective/less expensive method:
Foundation for further research:
Helps in professional development:
Provides quick solutions:

 Non-doctrinal research
Also known as social-legal research, this methodology uses methods from other disciplines to generate
empirical data. The goal is to understand the relationship between law and society, and to identify legal
reforms and policies that can promote equity and justice. Non-doctrinal research can also be used to
assess the effectiveness of a law or how it impacts non-legal aspects of society.

Non-doctrinal legal research is based on practical facts. It is fact-oriented research. It has a much wider
aspect than that of doctrinal legal research. Research is mainly done through fieldwork or first-hand study
by a scholar. This research is not based on secondary sources. It requires the collection of primary data,
which is required for that research problem. This research focuses on the practical aspects that explore the
intersection between law and society. This research is also termed as ‘socio-legal research’, as it is
conducted by combining social science and legal principles to study the interlink between law and
society. It involves the empirical method of collecting information and then analysing the legal practices,
institutions, and policies within their social context. It studies the impact of the law and these institutions
and policies on an individual’s attitude and its effect on society.

Non-doctrinal research can also be referred to as ‘purposive’ research when discussing consequences, as
it emphasises the effects of laws on people and society or the purpose of enacting a specific law.

Tools used for non-doctrinal research

The various tools that are used for non-doctrinal legal research are as follows:

 Surveys
 Judgements
 Schedule
 Sampling
 Case study
 Published sources
 Interviews

Methodology of non-doctrinal legal research

Collecting data:
Classifying data:
Analysing information:
Findings
Conclusion

Q-2: Primary and secondary legal sources of data collection:

The materials used for legal research are generally divided into two broad categories: primary
sources and secondary sources. Primary legal sources are the actual law in the form of constitutions,
court cases, statutes, and administrative rules and regulations. Secondary legal sources may restate the
law, but they also discuss, analyze, describe, explain, or critique it as well. Secondary sources are used to
help locate primary sources of law, define legal words and phrases, or help in legal research. In short,
anything that is more than the actual law is considered a secondary source.
Examples
Primary law consists of sources that state the actual law. These sources include:
o Constitution (either federal or state)
o Statutes (laws enacted by legislatures); municipal codes (enacted by local councils)
 o Cases (opinions handed down by courts)
o Rules and Regulations (established by administrative government agencies)
o Treaties ____________________________________________
Secondary Law consists of sources that explain, criticize, discuss, or help locate primary law. Examples
of secondary legal sources include:
o Legal dictionaries
o Legal encyclopedias and digests
o Law reviews and journals
o Legal treatises, nutshells, hornbooks, deskbooks
[Criminal Law in a Nutshell, Principles of Employment Law,
American Constitutional Law, Washington Civil Procedure Deskbook]
o Manuals and guides on how to practice law
[Washington Practice, Washington Lawyers Practice Manual]

Q-3 Legal databases like Westlaw and LexisNexis provide access to a wide range of legal information,
including:

 Legislation: Access to current and recent laws from national and regional governments

 Case law: Access to cases reported from U.S. federal courts and U.S. state supreme courts

 Journals: Access to a wide range of journal titles, though early volumes are typically not available

 Legal texts: Access to a large selection of legal texts

Legal databases are useful for legal research and can help users analyze references and track cases. Some
other legal databases include:

 HeinOnline

Provides access to printed reports from New York state from the 17th century to 1900

 LLMC-Digital

Provides access to millions of page images of documents related to legal history

 Bloomberg Law
Provides access to primary and secondary sources, news, and business intelligence.
LexisNexis and Westlaw are powerful tools for legal research. Not only do they help you find particular
cases, but they can help lead you to other relevant law. One of the differences between LexisNexis and
Westlaw is how you find those other relevant sources.

Q-4: Steps involved in the statutory interpretation?

When interpreting a statute, judges use a variety of tools and methods to determine the statute's meaning
and the legislature's intent:
 Plain language

Judges start by looking at the statute's words and applying their ordinary meanings.

 Legislative history

If the statute's meaning is still unclear, judges look at legislative history and other related sources to
determine the legislature's intent.

 Purposive approach

Judges try to interpret the statute's language in a way that best gives effect to the legislation's purpose.

 Presumption of grammatical meaning

Judges assume that the grammatical meaning of the statute is the meaning intended by the legislature.

 Avoid absurd results

Judges generally avoid interpretations that would result in something absurd that the legislature did not
intend.

 Choose the true intention

If a statute can be interpreted in more than one way, judges choose the interpretation that best
represents the legislature's true intent.

Q-5: what is empirical research? Steps involved

Empirical research is a method of gaining knowledge through direct or indirect observation or
experience. It is based on the idea that knowledge comes from actual experience, rather than from theory
or belief. The term "empirical" comes from the Greek word empeirikos, which means "experienced" or
"based on experience".

Here are some steps for conducting empirical research:

1. State the research purpose

2. Identify supporting materials

3. Establish a hypothesis

4. Select a research methodology

5. Collect and analyze data

6. Form a conclusion
Empirical research can use a variety of methods, including: Laboratory experiments, Surveys, Artifact
analyses, and Observational methods.
Researchers often share their findings by publishing empirical research papers in peer-reviewed
journals. These papers are typically written for other researchers, experts, and professionals in the field.
 Q-6: precedent analysis influence the legal research?

Precedent analysis significantly influences legal research during decision making by providing a
framework for lawyers and judges to identify relevant past cases with similar legal issues, allowing them
to draw on established legal principles and reasoning from those cases to support their arguments and
ultimately reach a decision in the current case, based on the principle of "stare decisis" (following
precedent) in common law systems.

Key aspects of how precedent analysis impacts legal research:

 Identifying relevant cases:

 Analyzing the reasoning of past decisions:
 Distinguishing or applying precedent:
 Predicting potential outcomes:
 Developing legal arguments:
 Jurisdiction:
 Level of agreement:
 Factual similarity:

Q-7: importance of citation:

The purpose of legal citation Legal citation allows us to write in a form that quickly and succinctly gives
the reader helpful information about the support and research that underpins a particular piece of legal
writing.' As my dear friend and mentor once wrote, "[t]he difference between writing and legal writing is,
of course, the law. To write about law, one must first do legal research. A careful legal writer then
conveys to the reader the thoroughness of that research and the support of various authorities through
citations"' Instead of forcing the reader to wade through extraneous chaff, correct legal citations
efficiently guide the reader to the precise pin-point of referenced authority. To do so, accurate legal
citations accomplish four purposes:
1.Instruct the reader on locating a source. 2. Inform the reader about the weight and persuasiveness of a
source. 3. Convey the type and degree of support for a proposition. 4. Demonstrate the author's thorough
research.'

Q-8
Q-8 The process of conducting legal research for case law involves several steps, including:

 Understanding the facts

Before building an argument, it's important to understand the nature of the issue.

 Creating a research plan

Use the facts to identify relevant case law and primary sources. It's helpful to create a list of relevant
legal terms and filters to apply.

 Gathering sources
 Use a list of relevant terms and facts to find law research. Primary sources can be found in legal
databases, law reports, and official government websites.

 Ensuring "good" law is used

It's important to make sure the law being used is "good".

 Checking work
Before finalizing, summarize findings to show how the research supports the desired conclusion.
Other tips for conducting legal research include:

 Generating search terms before beginning research

 Identifying and distinguishing between primary and secondary sources

 Limiting results to a jurisdiction for more relevant results

 Keyword searching within the results on the topic in the jurisdiction

Legal research is the structured process of finding answers to legal questions. The goal is to find relevant
information and resources to support legal decision making.

Q-9 significance of the comparative legal research and its application in the legal research.
Comparative legal research is significant because it allows for a deeper understanding of one's own legal
system by analyzing how different jurisdictions approach similar legal issues, enabling better informed
lawmaking, policy development, and legal practice by identifying potential strengths and weaknesses
across various legal systems, ultimately facilitating improved communication and collaboration between
different legal cultures; it's particularly valuable in areas like international trade, diplomacy, and cross-
border litigation where understanding diverse legal frameworks is crucial.

Key applications of comparative legal research:

 Law reform:

Studying how other jurisdictions handle legal issues can highlight areas where domestic law might need
improvement or adaptation.

 Legal interpretation:

By comparing how similar concepts are interpreted in different legal systems, comparative research can
help clarify ambiguities in domestic law.

 International business transactions:

Understanding the legal landscape in different countries is crucial for businesses operating across
borders, mitigating potential risks and ensuring compliance.

 Legal education:

Comparative legal research provides a broader perspective on legal issues, enhancing critical thinking
skills and awareness of diverse legal approaches.
 Policy development:
Comparative analysis can inform policy decisions by identifying best practices and potential challenges
in different legal systems.

Q-10- ethical consideration

Finally, many of the norms of research promote a variety of other important moral and social values, such
as social responsibility, human rights, animal welfare, compliance with the law, and public health and
safety. Ethical lapses in research can significantly harm human and animal subjects, students, and the
public.
Guiding Principles for Ethical Research
 Social and clinical value.
 Scientific validity.
 Fair subject selection.
 Favorable risk-benefit ratio.
 Independent review.
 Informed consent.
 Respect for potential and enrolled subjects.

Q-11- WHAT IS LEGAL RESEARCH?

Definition: Legal research is the process of identifying and retrieving information necessary to support
legal decision-making.
Legal research means finding answers in the law to support a legal decision or argument. Whenever an
attorney makes a statement in court, they must support it with a law or previously decided case. If a law
already exists or a case was decided in a particular way, other cases must follow that rule.

Q 12- TYPES OF LEGAL

 Primary, or binding, law is law codified in constitutions, statutes, regulations, codes, treaties,
and case law.
 Secondary sources explain primary law. These sources are not legally binding but help
understand the purpose of primary law. These include bar association articles, journals, practice
guides, legal treatises, and annotations.
 Nonlegal or supplemental sources, such as investigative articles, news reports, blogs, and other
material, can support legal advice in some areas of law.
Precedent

The U.S. legal system is based on precedent. That means that when a case's facts and legal issues are
similar to a previously decided case, the judge should follow the ruling in the previous case. There are
two types of precedent:

 Binding precedent, meaning the judge must follow the previous ruling. Decisions handed down
by the U.S. Supreme Court are usually binding precedents.
  Persuasive precedent, meaning the judge may follow the ruling but is not required to. Most case
law is persuasive precedent. If an attorney can present sufficient grounds for distinguishing a case
from the precedent, the judge may rule in their favor.

Q-13-What is the importance of research?

Legal research is a vital part of legal practice, as it helps lawyers and other legal professionals make
informed decisions and provide effective representation to clients:

 Identify relevant laws and regulations

Legal research helps lawyers find the applicable laws and regulations that govern a particular legal
issue.

 Build a case strategy

Legal research helps lawyers understand the legal landscape and develop a winning strategy for their
client's case.

 Support arguments

Legal research helps lawyers find legal authority to support their arguments, such as cases, statutes, and
regulations.

 Keep up with changes in the law

Legal research helps lawyers stay up to date on changes in the law so they can provide accurate legal
advice to their clients.

 Provide well-informed advice

Legal research helps lawyers provide well-informed advice to clients, ensuring sound decision-making.
Legal research involves a variety of tasks, including:

 Finding primary sources of law, such as constitutions, case law, statutes, and regulations

 Searching secondary authorities for background information, such as law reviews, legal dictionaries, and
legal encyclopedias

 Searching non-legal sources for investigative or supporting factual information

Q-14 IMPORTANCE OF LEGAL RESEARCH?

Legal research is a vital part of legal practice, as it helps lawyers and other legal professionals make
informed decisions and provide effective representation to clients:

 Identify relevant laws and regulations

Legal research helps lawyers find the applicable laws and regulations that govern a particular legal
issue.
 Build a case strategy

Legal research helps lawyers understand the legal landscape and develop a winning strategy for their
client's case.

 Support arguments

Legal research helps lawyers find legal authority to support their arguments, such as cases, statutes, and
regulations.

 Keep up with changes in the law

Legal research helps lawyers stay up to date on changes in the law so they can provide accurate legal
advice to their clients.

 Provide well-informed advice

Legal research helps lawyers provide well-informed advice to clients, ensuring sound decision-making.
Legal research involves a variety of tasks, including:

 Finding primary sources of law, such as constitutions, case law, statutes, and regulations

 Searching secondary authorities for background information, such as law reviews, legal dictionaries, and
legal encyclopedias

 Searching non-legal sources for investigative or supporting factual information

Q-15 WHAT IS RESEARCH HYPOTHESIS?

A research hypothesis is a statement that brings up a question and predicts what might happen. It's really
important in the scientific method and is used in experiments to figure things out. Essentially, it's an
educated guess about how things are connected in the research.

A research hypothesis is a statement that predicts the expected outcome of a study or experiment. It's a
key part of the scientific method and is used as the basis for scientific experiments.

A good research hypothesis should be:

 Specific

 Clear

 Testable

 Based on previous research, observations, and logical reasoning

A research hypothesis is often written in two forms: the null hypothesis and the alternative
hypothesis. The null hypothesis is the negation of the research hypothesis and states that there is no
relationship between the variables being studied.

Here are some examples of hypotheses:

 "Students who eat breakfast will perform better on a math exam than students who do not eat breakfast".

 "Motorists who talk on the phone while driving will be more likely to make errors on a driving course
than those who do not talk on the phone".

Q-18—WHAT IS RESEARCH DESIGN?

Research design is a framework that outlines the steps and processes for conducting legal research:

 What to research: The research problem, question, or hypothesis

 How to research: The methods and instruments to use, and how to collect and analyze data

 Who to research: The population to study and the sample size

 What to consider: Ethical considerations, such as the privacy of respondents

A strong research design will help you get valid answers to your research questions. A weak design may
produce unreliable, imprecise, or irrelevant answers.

Here are some steps you can take when designing your legal research:

 Formulate a research plan

 Select a research problem

 Present the research problem

 Formulate a research question or hypothesis

 Develop a methodology

 Survey literature and document

 Create a bibliography

 Collect data

 Analyze the data

 Interpret the data

 Present and write a report

Q-19-DIFFERENCE BTW QUALITIVE AND QUANTITIVE:

Qualitative Research: Data Collection for Your Doctorate Degree

Qualitative research methods include gathering and interpreting non-numerical data. The following
are some sources of qualitative data 1:

 Interviews
 Focus groups
 Documents
 Personal accounts or papers
 Cultural records
 Observation

In the course of a qualitative study, the researcher may conduct interviews or focus groups to collect
data that is not available in existing documents or records. To allow freedom for varied or
unexpected answers, interviews and focus groups may be unstructured or semi-structured.

An unstructured or semi-structured format allows the researcher to pose open-ended questions and
follow wherever the responses lead. The responses provide a comprehensive perspective on each
individual’s experiences, which are then compared with those of other participants in the study.

Quantitative Research: Data Collection for Your Doctorate Degree

Quantitative studies, in contrast, require different data collection methods. These methods include
compiling numerical data to test causal relationships among variables. Some forms of data collection
for this type of study include 1:

 Experiments
 Questionnaires
 Surveys
 Database reports

Q-20--What Is a Research Design | Types, Guide & Examples

A research design is a strategy for answering your research question using empirical data. Creating a
research design means making decisions about:

 Your overall research objectives and approach

 Whether you’ll rely on primary research or secondary research
 Your sampling methods or criteria for selecting subjects
 Your data collection methods
 The procedures you’ll follow to collect data
 Your data analysis methods

A well-planned research design helps ensure that your methods match your research objectives and that
you use the right kind of analysis for your data.

You might have to write up a research design as a standalone assignment, or it might be part of a
larger research proposal or other project. In either case, you should carefully consider which methods are
most appropriate and feasible for answering your question.

Q-21- what is SAMPLING IN LEGAL RESEARCH,

Sampling in legal research involves selecting a representative sample from a population to conduct
research.
 A sample is a subset of individuals from a larger population. Sampling means selecting the group that you
will actually collect data from in your research. For example, if you are researching the opinions of
students in your university, you could survey a sample of 100 students.
Some common sampling methods include
Simple random sampling
Systematic sampling
Stratified sampling
Cluster sampling
Convenience sampling
Quota sampling

Some essential elements of sampling include:

 The sample must be representative of the population.

 The sample size must be adequate.
 The sample must be selected randomly and independently.
 The population must be homogeneous.

There are two primary types of sampling methods that you can use in your research:

 Probability sampling involves random selection, allowing you to make strong statistical
inferences about the whole group.
 Non-probability sampling involves non-random selection based on convenience or other
criteria, allowing you to easily collect data.

Q-22--What is legal plagiarism?

Legal Plagiarism: When Copying Becomes a Crime

Legal plagiarism occurs when someone intentionally or unintentionally uses another person's work
without proper attribution, violating their intellectual property rights. While plagiarism is often associated
with academic dishonesty, it can also have serious legal consequences.

The Legal Implications of Plagiarism

 Copyright Infringement: This is the most common legal issue associated with plagiarism.
Copyright protects original works of authorship, including literature, music, art, and software. If
someone copies substantial portions of a copyrighted work without permission, they may be
liable for copyright infringement.
 Trademark Infringement: Trademarks protect brand names, logos, and other distinctive
symbols. Plagiarizing a trademark can lead to trademark infringement claims.
 Patent Infringement: Patents protect inventions. If someone infringes on a patented invention,
they may be liable for patent infringement.
Defenses Against Plagiarism Claims

 Fair Use: In many jurisdictions, there are exceptions to copyright infringement known as fair
use or fair dealing. These exceptions allow for limited use of copyrighted material for purposes
such as criticism, comment, news reporting, teaching, scholarship, or research.
 Independent Creation: If someone can prove that they created their work independently,
without knowledge of the original work, they may have a defense against a plagiarism claim.

Q-23-- WHAT IS COMPARATIVE LEGAL RESEARCH?

Comparative research is the study of similarities and differences between two or more cases
Comparative legal research (CLR) is a method of legal research that involves comparing the laws of
different legal systems to identify similarities and differences. CLR is a logical and inductive method of
reasoning that can help to: Clarify perspectives, Promote understanding between communities, and
Facilitate choice between legal systems.
CLR is a systematic and complicated activity that can involve comparing the laws of one jurisdiction or
legal family to another. It is not limited to the analysis of national legal systems.
Some steps involved in CLR include: Stating the problem, Selecting comparative elements, Identifying
tertium comparationis, and Formulating a paradigm functionalist study

Q-24- WHAT ARE THE CHARACTER STICS OF THEN GOOD RESEARCH?

Characteristics of Good Legal Research

Good legal research is essential for lawyers, law students, and anyone seeking to understand and apply
the law. It requires a systematic and rigorous approach to identify, evaluate, and analyze relevant legal
sources. Here are some key characteristics of good legal research:

1. Thoroughness:

 Comprehensive Search: A good researcher conducts a thorough search of relevant databases,

legal libraries, and online resources to ensure they have considered all potential sources.
 Depth of Analysis: The research should delve into the details of the law, examining the
underlying principles, case law, statutes, and regulations.

Example: When researching a legal issue related to contract law, a good researcher would consult not
only the relevant statutes but also case law from various jurisdictions to understand how the law has been
interpreted and applied in different contexts.

2. Accuracy:

 Reliable Sources: The researcher should rely on reputable sources such as government
publications, scholarly articles, and legal treatises.
 Verification: The information obtained from different sources should be cross-referenced and
verified to ensure accuracy.
 3. Relevance:

 Focus on the Issue: The research should be directly relevant to the specific legal question or
problem being addressed.
 Avoid Extraneous Information: The researcher should avoid including irrelevant or tangential
information that does not contribute to the analysis.

4. Clarity and Organization:

 Clear Presentation: The research should be presented in a clear and organized manner, using
headings, subheadings, and bullet points to improve readability.
 Logical Flow: The information should be presented in a logical sequence, with a clear
introduction, body, and conclusion.

5. Objectivity:

 Neutral Perspective: The research should be conducted objectively, without bias or prejudice.
 Avoid Emotional Arguments: The researcher should present the facts and evidence in a neutral
manner, avoiding emotional arguments or rhetoric.

Q-25—SIGIFICANCE OF THE LEGAL PRECEDENTS

Legal precedents are important because they help ensure that the judicial system is consistent, predictable,
and fair. They also help to ensure that people in similar situations are treated similarly.

Here are some ways that legal precedents are important:

 Predictability

Precedents help to ensure that the outcome of a case can be predicted if the circumstances are similar.

 Consistency

Precedents help to ensure that the law is applied in the same way to cases with the same facts.

 Fairness

Precedents help to ensure that people in similar situations are treated similarly.

 Efficiency
Precedents help to save time for judicial officers.
Legal precedents are established through a series of decisions, or sometimes by a single decision. A
precedent can be binding, meaning it must be followed, or persuasive, meaning the court can choose to
follow it or not.
The doctrine of stare decisis is Latin for "to stand by things decided" and is another phrase for legal
precedent.
Precedent refers to a court decision that is considered an authority for deciding subsequent cases
involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of
stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
 Q-26—WHAT IS DESK RESEARCH?
Desk Research definition: Desk research, also known as secondary research or complementary
research, involves gathering information and data from existing sources, such as books, journals, articles,
websites, reports, and other published materials.

esk research is a type of legal research that involves analyzing existing materials to gather information
and insights:
Legislation, Regulation, Scholarly articles, Official reports, Books, Journals, and Websites.

Desk research is also known as secondary research or complementary research. It's a common part of
legal research, which is the process of discovering and understanding legal data and materials to answer
legal questions.
Desk research differs from primary research, which involves collecting information firsthand through
interviews, observations, experiments, or surveys.
Legal research can be time-consuming, and accessing reliable data sources can be costly. Modern
technologies like automation, artificial intelligence, machine learning, and cloud-based services can make
legal research easier, faster, and more cost-efficient.

Q-27—WHAT IS BIBLIOGRAPHY IN RESEARCH?

A bibliography is a systematic list of sources consulted or referenced in the preparation of a scholarly
work. These sources can include books, articles, case law, statutes, regulations, treaties, and other legal
documents.

A bibliography in legal research is a list of works consulted and used in the preparation of a legal paper or
article. It's usually placed at the end of the work. A bibliography in legal research typically includes:

 Sources: Primary sources (cases, legislation) are listed first, followed by secondary sources (books,
journals, websites).
 Order: Sources are listed in alphabetical and chronological order.
 Case names: Case names are written in plain text, not italics.
 Author names: Author names are inverted, with the surname first, followed by the initial of the first
name and a comma.
 Tables: Separate tables may be used for cases, legislation, and EU or International legal materials.
A bibliography in legal research can include:
 Dictionaries
 Encyclopedias
 Journals
 Digests
  Statutes or Acts
 Reports of Law Commissions
 Case Laws
A bibliography can be a separate work, published in bound volumes or in computerised bibliographic
databases.

DIFFERENCE BETWEEN DESRIPTIVE AND ANALYTICAL RESEARCH

Descriptive research aims to accurately describe characteristics of a population or phenomenon, focusing
on "what" is occurring. Analytical research, on the other hand, seeks to understand "why" and "how" a
phenomenon occurs, often involving a deeper examination of relationships, causes, and effects.
Descriptive research focuses on "what" is happening, whereas analytical research explores "why" it
happens. Descriptive employs observation and surveys; analytical uses statistical, mathematical, or
computational techniques. Descriptive aims to identify patterns or trends, while analytical aims to
establish causation.
In legal research, descriptive research focuses on simply describing a legal phenomenon or situation by
outlining its characteristics and facts, while analytical research goes further by critically evaluating those
facts to understand the underlying causes, relationships, and implications of the law, essentially asking
"why" something happens rather than just "what" is happening; descriptive research answers "what is"
while analytical research answers "why is it so.".

Key differences:

 Focus:

Descriptive research focuses on detailing the elements of a legal issue, whereas analytical research aims
to interpret and analyze those elements to reach conclusions.

 Depth of analysis:

Descriptive research provides a basic overview, while analytical research involves deeper examination
and critical evaluation.

 Research questions:
Descriptive research often asks "what is the current state of the law?" whereas analytical research asks
"what are the legal implications or potential consequences of this law?"
Examples:

 Descriptive:

A study outlining the current legal requirements for obtaining a business license in a specific
jurisdiction.

 Analytical:
An analysis of how recent court rulings have impacted the interpretation of a particular legal statute and
its potential effects on future cases.
IMPOERANCE OF CASE LAW IN RESEARCH

Case law, also known as legal precedent, plays a crucial role in shaping the legal landscape of any
jurisdiction. It encompasses decisions made by courts in past cases, and these decisions often serve as a
foundation for future legal judgments. Studying case laws holds immense significance for legal
practitioners, scholars, and even the general public, as it provides a deeper understanding of the principles
that underpin the legal system. Here, we explore the reasons why studying case laws is of paramount
importance.

1. Legal Precedent as a Guiding Force:

2. Interpretation and Clarification:
3. Evolution of Legal Principles:
4. Informed Decision-Making:
5. Learning from Past Mistakes:
7. Upholding the Rule of Law: