Legal Research Methods and Methodology.pptx

Research on legal research and methodology for beginners.

1. LEGAL RESEARCH METHODS & METHODOLOGY H/w Matanda Abubaker Hassan Magistrate Grade 1 LL.B (IUIU), LL.M (UCU), PGDLP (LDC) ADVOCATE OF THE HIGH COURT [email protected]

2. “ Take a book, remove the cover, remove the title page, remove the table of contents, remove the index, cut the binding from the spine, fling the loose pages that remain so they scatter about the room. Now find the information you need from the book. This is the Internet ” For my case, this is research! Michael Gorman The One Person Library v. 15, No. 2. (6/98) p.5

3. Introduction

4. Definition and Context Legal research The finding and assembling of authorities that bear on a question of law. The field of study concerned with the effective marshaling of authorities that bear on a question of law. (Black's Law Dictionary 9th ed . 979) Is the role of research to a lawyer obvious? It might appear so, but; In practice, most law firms grant promotions based on case winning rate and ability to bring in money through transactions Legal research is assigned to more junior counsel Few law firms hire or promote people based on their research skills

5. Importance of Legal Research The law is constantly changing. Complex legal issues cannot be answered with a mere “yes” or “no” Conflicting decisions, or no binding authority. You still need authorities Finding the law (e.g. a statute) may be easy, but what of interpreting the statute? Clients pay for research

6. Difference between Research Methods and Research Methodology All the techniques that are used by a researcher in con duct ing their search are research methods Methods for: – Collection of data Statistical techniques Evaluating accuracy of results The way to systematically solve the research problem is research methodology Not only a study of methods but also of explanation and justification for using certain research methods.

7. Difference between Research Methods and Research Methodology Research methods refers to all the methods and techniques that are used by a researcher in conducting their research. These are the ‘tools and techniques’ in a ‘tool box’ that can be used for collection of data (or for gathering evidence) and analysis thereof. Research Methodology refers to a ‘way to systematically solve’ the research problem. It may be understood as a ‘science of studying how research is done’ It in v ol v es a s tud y of v a ri o us s t eps a n d methods that a researcher needs generally to ad o pt in his i n vesti g ati o n of a rese a r ch problem along with the logic behind them. It includes in it not just a compilation of various research methods but also the rules for their application (in a given situation) and validity (for the research problem at hand)

8. Types of Research Descriptive Analytical

9. Types of Research Merely describes the phenomenon or situation under study and its characteristics The researcher uses their facts or information already available and makes their analysis to make a critical evaluation of the material

10. Types of Research Applied Fundamental

11. Types of Research FUNDAMENTAL The researcher is mainly concerned with generalisation and with the formulation of a theory. The researcher undertakes research only to derive some increased knowledge in a field of his inquiry APPLIED The researcher aims at finding a solution for an immediate problem seeing their research in a practical context. The researcher is bothered about the practical utility or context of their research.

12. Types of Research Quantitative Qualitative

13. Types of Research This research is based on the measurement of quantity or amount. Objective of this research is to develop and employ mathematical models, theories and hypotheses pertaining to the phenomenon under inquiry. This research is concerned with phenomenon involving quality or kind. It relies on reason behind various aspects of behaviour

14. Types of Research Conceptual Empirical

15. Types of Research This research relies on experienc or observation alone. Being a data based research it comes up with conclusions that are capable of being verified by observation or experiment. It is related to some abstract ideas or theory . Generally used by philosophers and thinkers to develop new concepts or to re-interpret the existing ones.

16. Identify the category of research through these hyp o thetical titles aga i n s t and T ortur e: Nor m at i ve The Right Institutional Framework Abortion incidence in Uganda Proof of Marriage by Possession of Certificate : Th e Law and Practice The Child and the Law in Uganda : The Case of the UN Convention on the Rights of the Child Legal Pluralism: Its Promises and Pitfalls for Uganda

17. The process Step 1 Primary Sources  : A document that establishes the law on a particular issue, such as a or legislative act or a court decision Why Start with Primary Sources? Authoritative Precedential Controlling What Will I Obtain? Cases Statutes Regulations

18. Step 2 Secondary Sources:  Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Why use a Secondary Source? Helps in interpretation of primary sources Learn from Legal Experts Read important background information What Will I Obtain? Treatises Practice Guides Annotations & Digests Law Reviews & Journals   

19. THANK YOU QUESTIONS AND SUPPLEMENTS