AL-AMEEN COLLEGE OF LAW

HOSUR ROAD, BANGALORE- 27

MODEL ANSWER PAPER FOR THE ACADEMIC SEMESTER

JUNE- 2015.

ELEMENTS OF RESEARCH
{Ist SEM (5 yrs) LL.B Course}

PREPARED AND SUBMITTED BY:

MRS. SHAGUFTHA ANJUM

ASSOCIATE PROFESSOR
AL-AMEEN COLLEGE OF LAW
 MODEL QUESTION PAPER

ELEMENTS OF RESEARCH
Instructions:
Q.No 1 to 8 carry 16 marks and Q.No 9 carries 20 marks.
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Q.NO.1
5x16= 80 M
Define “Law” and explain the various types of Laws in India.

Q.NO. 2
Write a brief note on hierarchy of civil courts in India and England.

Q.NO.3
Examine the Haydon’s rule of Interpretation of Statutes.

Q.NO.4
What is research? What are the various kinds of legal research?

Q. NO. 5
Explain the Observation method of research.

Q.NO. 6
Explain the following principles:
i) Obiter Dicta
ii) Ratio Decidendi.

Q.NO.7
Explain the Sampling method of research.

Q.NO.8
Define “Hypothesis” and explain the importance of hypothesis in doing legal
research.
Q.NO.9 SHORT NOTES: 2x10=20 M

a) Golden rule
b) Report writing
c) Use of library
d) Legal materials.
 ELEMENTS OF RESEARCH
MODEL ANSWER PAPER

Q.NO.1
Define “Law” and explain the various types of Laws in India.

INTRODUCTION:

Law governs the society and its people. Law sets up a format where people can
live peacefully enjoy their rights and freedoms yet respect the rights and freedoms
of the others. Law is very important to maintain law and Order and peace in the
society.

Meaning of Law:

Law is a set of rules, regulations and standards enacted by the Legislature which
are binding on its people.

Definitions of law:

• According to Salmond law is defined as ‘law is the body of principles

recognized and applied by the State in the administration of justice, as the
rules recognized and acted on by the Courts of justice.
• According to Gray law is defined as ‘what the judges declare’.

Classification of law:
LAW
International law municipal or national law

• Public international law

• Private international law
Public municipal law Pvt. Municipal Law

----------------------------------------------------------------

Constitutional law
Administrative law

Criminal law
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--

The Law of persons conflict of Law

The law of property

Law of obligation

Law of obligation
------------------------------------------------------

Contract quasi-contract torts

Apart from this classification of law, laws are also generally classified as;

1. Substantive law
2. Procedural law.

Substantivelaw: deals with the rights

Substantive Procedural law: deals with the
Lawsandare also of
duties classified based
a particular on their
person. It duration/ applicability/
procedure method/by
to be followed object.
the The
also deals with the punishment in Courts in case the rights and duties of
classification based on the following criteria’s is as follows;
case if rights and duties are violated. a particular person are violated.
Duration:

• Temporary statutes
• Permanent statutes
Applicability:

• Public statutes
• Private statutes
Method:
• Mandatory statutes
• Directive or declaratory statutes
Object:
• Penal statutes
• Taxing statutes
• Remedial statutes
• Beneficent statutes
• Enabling statutes
• Disabling statutes
• Curative statutes.
CONCLUSION:
Therefore, these are some of the different ways on the basis of which laws in India
are classified.

Q.NO. 2
Write a brief note on hierarchy of civil courts in India and England.

INTRODUCTION:

Administration of Justice is the most essential function of the State. Power is

exercised by the State through judiciary to enforce rights and punish wrongs.

It involves two parties:

- Plaintiff and Defendant – in civil cases

- Complainant and Accused or Prosecution and Accused – in criminal cases

Judicial Process involves four steps:

- A right claimed or a wrong complained by one party against the other.

- Hearing of the parties by the Court.

- Judgment of the Court delivered at the end of the trial.

- Execution of the operative part of the judgment.

HIERARCHY OF COURTS IN INDIA:

 • At National level – we have the highest court - Supreme Court of India/
Apex Court
• At State level – every State has High Court
• At District and Subordinate level – we have Subordinate Courts (Civil and
Criminal).

 NATIONAL LEVEL:

The Supreme Court of India is also called as the Apex Court of India. It is the
highest court of justice.

Supreme Court has the utmost jurisdiction in matters dealing with law. It has been
vested with Advisory, Original, Appellate, Writ jurisdiction. It is the Court of
Records and has the power to deal with Civil as well as Criminal matters. Under
Article 141 of the Constitution of India, the decisions laid down by the Hon’ble
Supreme Court are considered to be the LAW OF THE LAND.

 STATE LEVEL:

At the State Level we have High Court set up in almost every States. High Courts
also have advisory, appellate, Original, Writ jurisdictions. They are also Court of
Records and have powers to deal with Civil and Criminal cases.

 AT DISTRICT AND SUBORDINATE LEVEL – WE HAVE

SUBORDINATE COURTS (CIVIL AND CRIMINAL):

We have subordinate courts for civil and criminal cases. Civil Courts are
subordinate to the High Court administering civil justice. Civil justice is remedial
and is concerned with enforcement of rights. Proceedings in Civil Courts are
regulated by Civil Procedure Code. Criminal Justice is punitive and is concerned
with punishing the offenders. Proceedings in Criminal Courts are regulated by
Criminal Procedure Code.

HIERARCHY OF CIVIL COURTS:

IN CITIES

• First Grade

Chief Judge and Additional Chief Judge

• Second Grade

Assistant Chief Judge or Senior Civil Judge

• Third Grade

Munsif or Junior Civil Judge.

IN DISTRICTS

• First Grade

District Judge and Additional District Judge

• Second Grade
 Assistant District Judge or Senior Civil Judge

• Third Grade

Munsif or Junior Civil Judge.

HIERARCHY OF CRIMINAL COURTS IN INDIA:

IN CITIES:

• Sessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions
Judges)
•
• Chief Metropolitan Magistrate’s Court
•
• Metropolitan Magistrates’ Courts

IN DISTRICTS:

• Sessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions
Judges)

• Chief Judicial Magistrate’s Court

• Judicial Magistrates of First Class

 • Judicial Magistrates of Second Class.

HIERARCHY OF COURTS IN ENGLAND:

The hierarchy of England courts is as follows:

1. The House of Lords;

2. The Court of Appeal, Criminal and Civil Divisions;
3. The High Court of Justice;
4. The Crown Court;
5. County Courts;
6. Magistrates’ Courts.

The highest court of England is the House of Lords.

Criminal courts in England are:

1. The Magistrates’ Courts;

2. The Crown Court.

Generally, they are first instance courts, or courts of original jurisdiction,

although they do have appellate jurisdiction.

• Appeal from the Magistrates’ Courts:

To the Crown Court, or to the Divisional Court of the Queen’s Bench Division
of the High Court of Justice by way of case stated on a point of law

• Appeal from the Crown Court:

 To the Criminal Division of the Court of Appeal composed of two or three Lord
Justices of Appeal

Civil courts in England are:

1. The county court :

Deals with the contract matters, family matters, torts matters.

• Appeal from County court:

To the Queen’s Bench.

HIGH COURT:

Has been divided into three divisions;

1) The Queen’s Bench Division;

2) The Chancery Division;
3) The Family Division.

• Queen’s Bench Division

Contract or tort actions will be allocated to this court if they are unsuitable to
be commenced in the county court for one of the reasons dealt with above

The Queen’s Bench also has specialist courts:

1) The Admiralty Court;

2) Administrative Court;
3) Commercial Court;
4) Technology and Construction Court.
THE HOUSE OF LORDS:

• The Final appeal court in England with unlimited jurisdiction

• Has minor first instance jurisdiction such as in relation to contested peerages
• Usually sits as a court of five judges who deliver ‘speeches’ or ‘opinions’
rather than judgments.

CONCLUSION:

Therefore, these are the structure of Indian judiciary as well as the judiciary as
found in England.

Q.NO.3
Examine the Haydon’s rule of Interpretation of Statutes.

INTRODUCTION:

Interpretation of statutes play a very important role in understanding the intention

of the legislature when the Act in question becomes complex to be easily
understood.

Meaning:

Interpretation means to explain in detail.

Interpretation of statutes means explaining the Act/ legislation in detail by applying

the rules of interpretation.

Basic rules on interpretation:

Three basic rules of interpretation are there. They are as follows;

 1. Literal rule
2. Golden rule
3. Mischief rule.

Mischief rule is also called as Heydon’s rule of interpretation. This is the third
primary rule of interpretation. This rule was laid down in Heydon’s case. This rule
is important in dealing with deeds and wills.

The rule was first set out in Heydon's Case [1584] 76 ER 637 3 CO REP 7a where
the court ruled that there were four points to be taken into consideration when
interpreting a statute:

For the sure and true interpretation of all statutes in general (be they penal or
beneficial, restrictive or enlarging of the common law), four things are to be
discerned and considered:

(1st). What was the common law before the making of the Act?

(2nd). What was the mischief and defect for which the common law did not
provide.

(3rd). What remedy the Parliament hath resolved and appointed to cure the
disease of the commonwealth. And,

(4th). The true reason of the remedy;

Facts of the case:

Ottery, a religious college, gave a tenancy in a manor also called “Ottery” to

a man (named in the case report simply as "Ware") and his son, also referred
to as Ware.
The tenancy was established by copyhold, an ancient device for giving a
parcel of a manor to a tenant, usually in return for agricultural services,
which was something like a long-running lease with special privileges for
each party. Ware and his son held their copyhold to have for their lives,
subject to the will of the lord and the custom particular to that manor. The
Wares’ copyhold was in a parcel also occupied by some tenants at will.
Later, the college then leased the same parcel to another man, named
Heydon, for a period of eighty years in return for rents equal to the
traditional rent for the components of the parcel.

Less than a year after the parcel had been leased to Heydon, Parliament
enacted the Act of Dissolution. The statute had the effect of dissolving many
religious colleges, including Ottery College, which lost its lands and rents to
Henry VIII. However, a provision the Act kept in force, for a term of life,
any grants made more than a year prior to the enactment of the statute.

The Court of Exchequer found that the grant to the Wares was protected by
the relevant provision of the Act of Dissolution, but that the lease to Heydon
was void.

The case is considered a landmark because it was the first case to use what
would come to be called the mischief rule for the interpretation of statutes.
The mischief rule is more flexible than the Golden or Literal rule, in that the
mischief rule requires judges to look over four tasks to ensure that gaps
within the law are covered.

In this case, the judges paid more attention to the ‘spirit’ of the law rather
 than to the letter of Law.

Till now the rule laid down in Heydon’s case is applied in cases where the
Courts discover the true intention of the legislature or legislative intent of the
interpreting statute.

Mischief rule avoids unjust or absurd results and it carries out the intention
of the legislature in a more efficient manner.

Case laws:
The rule is intended to rectify ‘MISCHIEF’ in the statute and interpret the statute
justly. The mischief Rule uses common law to determine how the statute is
interpreted.

In Smith v Hughes (1960), the defendants were charged under the street offences
act (1959) with soliciting in a public place. The term which came for interpretation
was ‘street’ as per the said Act. The prostitutes were soliciting from windows,
technically not a public place. The Mischief Rule was applied to interpret that the
prostitutes were doing what the statute was trying to abolish so they were
convicted.

The Golden Rule was used to handle a dispute in the Royal College of Nursing
(RCN) v DHSS (1981) case. Here the RCN challenged the involvement of nurses
in abortions. Under the offences against the person (1861) it is an offence for
anyone to carry out an abortion. However, the abortion act (1967) claims an
absolute defence for medically registered practitioners to carry out abortions.
Hormonal abortions are commonly administered by nurses. The Mischief Rule
was used to interpret that the statute of 1861 was trying to combat backstreet
abortions and therefore nurses fall within the 1967 abortion Act.

CONCLUSION:
Therefore, mischief rule is very important in suppressing the mischief and
advancing the remedies of a given Act. This rule is used when the other two
primary rules of interpretation fail to achieve the desired results.

Q.NO.4
What is research? What are the various kinds of legal research?

INTRODUCTION:

The word ‘research’ is composed of two syllables: ‘re’ and ‘search’. ‘Re’ means
once again and ‘search’ means to find out.

Research means to find out or investigate into some field of knowledge or certain
established facts or principles. The person who carries out research is called
‘researcher’. When a research is carried out in the legal field it is called as ‘legal
research’.

Definition:

According to Redman and Mory ‘research is a systematized effort to gain new

knowledge’.
Kinds of legal research:

Research can be classified from four perspectives;

1. The application of the research study

2. The objectives in undertaking the research
3. The types of information sought
4. Methods of study.

1. Application:

Based on application, two divisions can be made- pure research and applied
research.

Pure research is also called as theoretical, fundamental or basic

research. It is taken only to acquire knowledge but not to implement it
or apply it externally.

Applied research also called as Action. This research aims at applying
the research carried out in order to solve problem/s prevailing in the
society.

2. Objective:
Based on objective, a research can be classified into Descriptive, Analytical,
Co relational, and Exploratory.

Descriptive: this is a fact finding investigation which attempts to
describe systematically a situation or a problem or behaviour at it
appears. There is no control of the researcher on the variables. The
researcher can report only what is happening or what has happened.

Analytical: analysing the critical evaluation of the existing state of
affairs is called as analytical research.

Clinical or Diagnostic or Co relational research: this research is
directed towards discovering or establishing the existence of a
relationship or interdependence between two or more aspects of a
situation like why/how/when/where it’s happening.

Exploratory research: also called feasibility research or a pilot
study. When researcher wants to explore new areas about which he
has little knowledge he takes up this kind of research.
3. Information:
From the point of information gathered, research may be classified as two-
qualitative research and quantitative research.

Qualitative research: involves generation of data which is built on
useful information gathered from authenticated sources. Here the
researcher tries to collect valid data, relevant information and genuine
piece of work.

Quantitative research: here the researcher focuses more on
voluminous material collection in order to make his research work a
bulk one.

4. Methods of Study:
According to this criteria research may be classified as – experimental
research and survey research.

Experimental research: in this method two identical variables are
taken together and are assessed. The two variables should have similar
characteristics.

Survey: this is fact-finding research which involves collection of data
directly from a population or from particular time. This research
involves imaginative planning, careful analysis and rational
interpretation of the findings.

5. Other types of research:

Apart from these types, the other types of research are as follows;
1. Historical research
2. Conclusion oriented research and decision oriented research.

CONCLUSION:

Therefore, these are some of the types of research which a researcher can adopt
when he is taking up research projects in any field.

Q. NO. 5
Explain the Observation method of research.

INTRODUCTION:

Method is the way through which a researcher approaches a problem. By using

different methods, he tries to come to a conclusion. Every researcher has
methodology through which research can be done more systematically and more
efficiently.

Following are some of the important types of methods applied in research;

 Observation method
  Interview method
 Mailed questionnaire method
 Survey method
 Case study method
 Project technique method
 Content analysis
 Cause and effect analysis
 Legal impact analysis.

OBSERVATION MEHTOD:

This method is widely used in Socio-legal research. It is the traditional as well as

modern method of study. It is the most famous and basic research method. In
observation method, the society is observed and based upon the observation of
social behavior conclusion is arrived.

Observation is an accurate watching and noting of the phenomena as they occur in

nature with regard to the case obtained.

This method is adopted for testing hypothesis through naked eyes by the
researcher.

Process of observation involves five steps;

1. Preparation and training

2. Entering into study environment
3. Initial interaction
4. Observation
5. Recording.

Preparation and training step: - first step starting with the basic
initial preparation of what/how/when/where to observe the social
group.

Entering into study environment: - permission to enter research
area, obtain permission from necessary authorities/ local
authorities. After entering the study environment, he should choose
to be a participant or non-participant observer. He should develop
and maintain cordial relationship with the study group.

Initial reaction: - he should start communicating positively with
the group with a slow and polite approach. He should first try to
gain their confidence and watch his words and actions towards the
group.

Observation: - the researcher has to observe the group very
closely, patiently, in detail.

Recording: - after fulfilling all the four steps, the researcher
should record his observation. Researcher should also collect data
and prepare field charts in order to validate his research work.

TYPES OF OBSERVATION METHOD:

a) Uncontrolled
Controlled
b) Participant
Non-participant.
c) Simple
Structured
 d) Intra-Subjective
Inter-subjective observation method.

CONCLUSION:

There are tools used in observation method like detailed field notes, photographs,
maps, schedules, socio-metric scales. Observation method is the most commonly
used method for conducting research. Apart from observation method the
researcher can use any of the above listed methods as tools of research.

Q.NO. 6
Explain the following principles:
i) Obiter Dicta
ii) Ratio Decidendi.

INTRODUCTION:

A case in order to be adjudged on the basis of evidence and arguments is to be

supported by the case-laws already decided by the highest court of India. The
judgments of the highest court are taken into consideration as they have legal
applicability as per Article 141 of the Indian constitution. Obiter dicta and Ratio
Decidendi are part and parcel of that judgment.

A court is bound by statute or by the decisions of superior courts. The 'doctrine of

the case' or ratio decidendi as it is called immortalizes a case and it differs
from ratio legis or the reason behind the law.

i) Obiter dictum (more usually used in the plural, obiter dicta) is Latin for a
word said "by the way", that is, a remark in a judgment that is "said in
 passing". It is a concept derived from English common law. For the purposes
of precedent, ratio is binding, whereas obiter dicta are persuasive only.

A judicial statement can be Ratio Decidendi only if it refers to the crucial facts and
law of the case. Statements that are not crucial, or which refer to hypothetical facts
or to unrelated law issues, are obiter dicta. Obiter dicta (often simply dicta, orbiter)
are remarks or observations made by a judge that, although included in the body of
the court's opinion, do not form a necessary part of the court's decision.

Statements which are not part of the ratio Decidendi are distinguished
as obiter dicta and are not authoritative. An obiter dictum is ‘statement of law
which could not logically be a major premise on the selected facts of the decision’

The union judiciary Article 141 describes binding force of law declared by
Supreme Court that; “the law declared by the Supreme Court shall be binding on
all courts within the territory of India.” It means only the law declared by the
Supreme Court which was necessary for the determination of the case would be
binding in nature not the opinion of the court on the question which was not
necessary to decide the case.

ii) Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for
the decision". The ratio decidendi is "the point in a case that determines the
judgment" or "the principle that the case establishes".

In other words, ratio decidendi is a legal rule derived from, and consistent with,
those parts of legal reasoning within a judgment on which the outcome of the case
depends.

It is a legal phrase which refers to the legal, moral, political, and social principles
used by a court to compose the rationale of a particular judgment. Unlike obiter
dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later
jurisdiction—through the doctrine of stare decisis.

The process of determining the ratio decidendi is a correctly thought analysis of

what the court actually decided—essentially, based on the legal points about which
the parties in the case actually fought. All other statements about the law in the text
of a court opinion—all pronouncements that do not form a part of the court's
rulings on the issues actually decided in that particular case (whether they are
correct statements of law or not)—are obiter dicta, and are not rules for which that
particular case stands.

Ex: The ratio decidendi is one of the most powerful tools available to a lawyer.
With a proper understanding of the ratio of a precedent, the advocate can in effect
force a lower court to come to a decision which that court may otherwise be
unwilling to make, considering the facts of the case. As an example, the ratio in
Donoghue v. Stevenson would be that a person owes a duty of care to those who he
can reasonably foresee will be affected by his actions.

Ratio decidendi also involves the holding of a particular case, thereby allowing
future cases to build upon such cases by citing precedent. However, not all
holdings are given equal merit; factors that can strengthen or weaken the strength
of the holding include:

• Rank of the court (Supreme Court versus an appellate court)

• Number of issues decided in the case (multiple issues may result in a so-
called "multi-legged holdings")
• Authority or respect of the judge(s)
• Number of concurring and dissenting judges
• New applicable statutes
• Similarity of the environment as opposed to the age of the holding.

The expression ratio decidendi is normally used to refer to some binding rule
found in decided cases, which a later court cannot generally question.

The rules for finding the ratio or principle may be summed up as follows:

(1) The principle of a case is not found in the reasons given in the opinion.

(2) The principle is not found in the rule of law set forth as the opinion.

(3) The principle is not necessarily found by a consideration of all the ascertainable
facts of the case, and the Judge's decision.

(4) The principle of the case is found by taking account

(a) of the facts treated by the Judge as material, and

(b) his decision as based on them.

(5) In finding the principle it is also necessary to establish what facts were held to
be immaterial by the Judge, for the principle may depend as much on exclusion as
it does on inclusion.

CONCLUSION:

Therefore ration Decidendi and obiter dicta form the part of judge- made laws by
the Supreme Court and they have validity as precedents before the lower courts.

Q.NO.7
Explain the Sampling method of research.
INTRODUCTION:

Research is the regaining or reacquiring of knowledge. Legal research is the re-

gaining knowledge in the field of law.

LEGAL RESEARCH BEGINS WITH THE FOLLOWING STEPS:

 FRAMING OF RESEARCH TOPIC

 FORMULATION OF HYPOTHESIS
 COLLECTION OF DATA
 ANALYSIS OF DATA
 TOOLS OF RESEARCH
 CONCLUSION
 REPORT WRITING.

METHODS OF DATA COLLECTION

TWO METHODS OF DATA COLLECTION .

• WHOLE AREA OF
POPULATION IS
CENSUS CONSIDERED AS
METHOD ONE UNIT AND
RESEARCHED.

• SMALL GROUP
OF PEOPLE ARE
SAMPLING SELECTED AS
METHOD REPRESENTATIV
ES OF LARGER
GROUP.

DEFINITION:
GOODE AND HATT DEFINED SAMPLE AS “A SMALLER
REPRESENTATION OF THE LARGE WHOLE”.

CHARACTERISITICS OF SAMPLING:-

 SAMPLE SHOULD BE HOMOGENIUS.

Should correspond with the bulk/ larger group.

 SAMPLE SHOULD BE REPRESENTATIVE IN NATURE.

Should possess similar traits of the larger group.

 SAMPLE NEED NOT BE 100% ACCURATE.

With regard to the accuracy, the sample may not be completely matching
with the larger group.

PROCEDURE TO SELECT A SAMPLE:

1. Preparation of source list

2. Deciding the sampling unit

3. Selecting sampling technique.

TYPES OF SAMPLNG:-

 PROBABILITY SAMPLING
 NON- PROBABILITY SAMPLING
 AREA SAMPLING
 QUOTA SAMPLING
 SAMPLING BY REGULAR INTERVALS.

 PROBABILITY SAMPLING:
Types of probability sampling:

 Random sampling
 Systematic sampling
 Stratified sampling
 Cluster sampling

Random sampling:

Systematic sampling:

• In systematic sampling, individuals or households are chosen at regular

intervals from the sampling frame.
• For this method we randomly select a number to tell us where to start
selecting individuals from the list.

Stratified sampling:

If sample includes representative groups of study units with specific characteristics

(for example, residents from urban and rural areas, or different age groups), then
the sampling frame must be divided into groups, or strata, according to these
characteristics.

Random or systematic samples of a predetermined size will then have to be

obtained from each group (stratum). This is called stratified sampling.

Cluster sampling:

• The selection of groups of study units (clusters) instead of the selection of

study units individually is called cluster sampling.
• Clusters are often geographic units (for example, districts, villages) or
organizational units (e.g., clinics, training groups).

 NON-PROBABILITY SAMPLING:

Non-probability sampling is a sampling technique where the samples are

gathered in a process that does not give all the individuals in the population
equal chances of being selected.

In non- probability sampling the choice of sample group is left to the
researcher and thus element of bias always shows up in such studies.

Types of non-probability sampling:

REPRESENTATIVE SAMPLING

JUDGEMENT SAMPLING

ACCIDENT SAMPLING

PURPOSIVE SAMPLING.

Representative sampling:-

This sampling technique is based on intuition and common sense but not on
probability.

This may not be criteria for unbiased sampling as in this type of sampling
method, the variables don’t represent the universe (larger group).

There is no way of applying statistical techniques to get good results of the
larger population.

Judgment sampling:-

In judgment sampling researcher relies on his or her own judgment when
choosing members of population to participate in the study.

Judgment sampling is a non-probability sampling method and it occurs when
“elements selected for the sample are chosen by the judgment of the
researcher.

Researchers often believe that they can obtain a representative sample by
using a sound judgment, which will result in saving time and money”.

Accident sampling:-

Accidental sampling (sometimes known as grab, convenience

sampling or opportunity sampling) is a type of non-probability sampling that
involves the sample being drawn from that part of the population that is
close to hand.

Example: sample population is selected because it is readily available and
convenient, as researchers are drawing on relationships or networks to which
they have easy access to.

Purposive Sampling:-

A purposive sample, also commonly called a judgmental sample, is one that

is selected based on the knowledge of a population and the purpose of the
study.

The subjects are selected because of some characteristics.

Example: Field researchers are often interested in studying extreme or
deviant cases to gain a better understanding of the more regular patterns of
behavior.

 Area Sampling:-

A method in which an area to be sampled is sub-divided into
smaller blocks that are then selected at random and then again sub-sampled
or fully surveyed.

This method is typically used when a complete frame of reference is not
available to be used.

An area probability sample is one in which geographic areas are sampled
with known probability.

 Quota sampling:

Quota sampling is a method for selecting survey participants that is a non-

probabilistic version of stratified sampling.

SAMPLES OF PREFIXED SIZE ARE TAKEN FROM EACH STRATUM

OF THE UNIVERSE USING JUDGEMENT SAMPLING METHOD.

CONCLUSION:

Therefore sampling is the most important way of conducting research on large

Units.

Q.NO.8
Define “Hypothesis” and explain the importance of hypothesis in doing legal
research.

INTRODUCTION:
The first job of a researcher is to formulate a research problem. Second most
important job of a researcher is to frame hypothesis. Based on the Hypothesis
framed the researcher starts his research work.
Meaning;

A supposition or explanation (theory) that is provisionally accepted in order to

interpret certain events or phenomena, and to provide guidance for further
investigation.

A hypothesis may be proven correct or wrong, and must be capable of refutation. If

it remains un refuted by facts, it is said to be verified or corroborated.

Types of hypothesis:

SIMPLE HYPOTHESIS: An assumption about certain characteristics of

a population, if it specifies values for every parameter of a population, it is called a
simple hypothesis.

COMPOSITE HYPOTHESIS: if doesn’t specify values for every parameter of a

population, it is called a composite hypothesis

NULL HYPOTHESIS: If it attempts to nullify the difference between

two sample means by suggesting that the difference is of no statistical significance,
it is called a null hypothesis.
IMPORTANCE OF HYPOTHESIS IN RESEACRH:

A hypothesis is a tentative statement about the relationship between two or

more variables. A hypothesis is a specific, testable prediction about what you
expect to happen in your study. For example, a study designed to look at the
relationship between sleep deprivation and test performance might have a
hypothesis that states, "This study is designed to assess the hypothesis that sleep
deprived people will perform worse on a test than individuals who are not sleep
deprived."
Unless you are creating a study that is exploratory in nature, your hypothesis
should always explain what you expect to happen during the course of your
experiment or research. A hypothesis need not have to be correct always. While the
hypothesis predicts what the researchers expect to see, the goal of research is to
determine whether this guess is right or wrong.
When conducting an experiment, researchers might explore a number of different
factors to determine which ones might contribute to the ultimate outcome.
 There are many different ways to come up with a hypothesis. In many cases,
researchers might draw a hypothesis from a specific theory or build on previous
research. For example, prior research has shown that stress can impact the immune
system. So a researcher might for a specific hypothesis that: "People with high
stress levels will be more likely to contract a common cold after being exposed to
the virus than are people who have low stress levels."

In other instances, researchers might look at commonly held beliefs or folk

wisdom. "Birds of a feather flock together" is one example of folk wisdom that a
psychologist might try to investigate. The researcher might pose a specific
hypothesis that "People tend to select romantic partners who are similar to them in
interests and educational level."

Elements of a Good Hypothesis:

When trying to come up with a good hypothesis for your own psychology research
or experiments, ask yourself the following questions:
• Is your hypothesis based on your research of a topic?

• Can your hypothesis be tested?

• Does your hypothesis include independent and dependent variables?

Before you come up with a specific hypothesis, spend some time doing
background research on your topic. Once you have completed a literature review,
start thinking of potential questions you still have. Pay attention to the discussion
section in the journal articles you read. Many authors will suggest questions that
still need to be explored.

A few examples:-
• "Students who eat breakfast will perform better on a math exam than
students who do not eat breakfast."

• "Students who experience test anxiety prior to an English exam will get
higher scores than students who do not experience test anxiety."
• "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."

CHARACTERISITICS OF HYPOTHESIS:

A good hypothesis should have the following characteristics;

(i) Hypothesis should be clear and precise. If the hypothesis is not

clear and precise, the inferences drawn on its basis cannot be taken as
reliable.

(ii) Hypothesis should be capable of being tested. In a swamp of un-

testable hypotheses, many a time the research programs have bogged down.
Researcher may do some prior study in order to make hypothesis a testable
one. A hypothesis “is testable if other deductions can be made from it which,
in turn, can be confirmed or disproved by observation.”

(iii) Hypothesis should state relationship between variables, if it happens

to be a relational hypothesis

(iv) Hypothesis should be limited in scope and must be specific. A

researcher must remember that narrower hypotheses are generally more
testable and he should develop such hypotheses

CONCLUSION:
Therefore, hypothesis plays a very important role in research work.

Q. No. 9 write short notes on any two of the following:-

a) Golden rule
b) Report writing
c) Use of library
d) Legal materials.

(A) GOLDEN RULE:

INTRODUCTION:

This is the second rule of interpretation. It is also called as ‘modifying method of

interpretation’ as it modifies Literal rule to some extent.

Golden rule deals with grammatical interpretation of words which are uncertain,
ambiguous, and vague in their meanings. The golden rule tries to highlight the
grammatical meaning of the words/ phrases in question.

Meaning:

Ordinarily the Court must find out the intention of the legislature from the words
used in the statute by giving them their natural meaning but if this leads to
absurdity, repugnance, inconvenience, hardship, injustice or evasion, the Court
must modify the meaning to such an extent and no further as would prevent such a
consequence.

This rule solves the problem and hence it is known as Golden rule.

Golden rule was applied in the following cases:

• LEE V/S KNAPP…..

Facts: in this case, the word ‘STOP’ was being interpreted under The Road Traffic
Act. Under section 77(1) of the road traffic act, a driver causing an accident shall
‘stop’ after the accident.

In this case driver stopped for a moment after causing an accident and then moved
away. When the driver was caught by the police for violating the law, he pleaded
that the duration for stop was not mentioned in the Act. The Act and the term
‘stop’ was brought into question before the court.

Held: the court applied the golden rule of interpretation and held that requirement
of the Section had not been followed by the driver as he had not stopped for a
reasonable period of time requiring the person to make necessary inquiries from
him about the accident.

The court further interpreted the word ‘stop’ stating that stop means to stop for a
reasonable period of time till the Officers come and do necessary formalities about
the accident.

• KARNAIL SINGH V/S MOHINDER KAUR…..

Facts: a testator had made a Will in favour of his three sons and had deliberately
disinherited his three daughters. During the lifetime of the testator one of these
three sons died issueless leaving only his widow. The testator did not change his
Will and died about two years and nine months after his son’s death.

Held: Interpreting the expression ‘lineal descendant’ in Section 109 of the Indian
Succession Act, 1925 the Punjab and Haryana High Court while applying the
golden rule stated that if the testator had any intention of disinheriting the widow
of his predeceased son he could easily have made another Will or could have
executed a Codicil to the existing Will. Thus, his intention was clear to the effect
that the widow should succeed to the legacy of his pre-deceased son.
CONCLUSION:

Therefore, golden rule is the second most important rule of interpretation in

dealing with words which have ambiguous meaning. This rule basically deals with
carrying out or bringing out the true intention of the legislature of an Act.

(B) REPORT WRITING

INTRODUCTION:

Report writing is also called as the research report writing. It is the most important
part of research work is report writing. Report writing brings an end to the legal
work taken up by the researcher.

Meaning:

Report writing is the report in a printed format prepared by the researcher which
shows the researchers area of work which he has undertaken to complete his
research work. Report writing is the medium of communication of the researcher to
the entire world. It portrays the efforts of the researcher in completing his research
work.

The objectives of report writing:

1. The researcher clarifies and systematizes his work,

2. Future researchers are guided by the report written earlier,

3. If the findings are of practical use, it can be incorporated into statutory law.

Structure of the report:

The lay-out of the report shall have following contents:-

1. The preliminary matters

2. The main text

 3. The end matter

1. The preliminary matter: - preliminary matters deal with the general

introduction given by the researcher regarding the title page, acknowledgement,
preface, forewords, table of contents, list of tables or figures, table of cases etc.

It is the initial/ basic introduction regarding the area of research topic. The basic
elements which are found commonly in all research projects like page numbering,
alignment, margins etc all form part of the preliminary matter.

2. The main text:- shall also contain the page numbers, table of contents, table of
cases referred this is the subject matter of the report which shall consists of the
introduction regarding subject matter, the research problem, survey related
literature, procedure taken up by the researcher in doing research, the collection of
data, presentation of data, conclusion.

Style of the main text has to be kept in mind when preparing report. The font of the
letters is Times Roman and size is 12 with 1.5 spacing. Margin should be left at a
distance of 1.5 left side of the page and 1 inch on the other three remaining sides of
the page.

The main text shall also have foot notes and head notes. Foot notes are the areas
from where the researcher has gathered the information. At the end of all these
inclusions, the report shall also have bibliography which shows the list of books,
journals, sites, places, articles which has been referred by the researcher at the time
of his research.

The main text is the heart of the report and it has to be clear and qualitative
from all aspects. The report must be prepared by the researcher very logically and
convincingly. The conclusion in the report should match the findings in the report.
Language used by the researcher should be simple, clear, appropriate and capable
of penetrating the mind of the reader. A good style of presentation is one which
combines simplicity with the use of technical language.

CONCLUSION:

Therefore, report writing is the most important step which puts an end to the study
of the researcher with regard to the project undertaken.

(C) USE OF LIBRARY:-

INTRODUCTION:

For a researcher his area of research starts from the library. Legal research
involves the use of books, pamphlets, periodicals and documentary materials in
libraries.

Meaning:

A library is a collection of sources of information and similar resources, made

accessible to a defined community for reference or borrowing.[1] It provides
physical or digital access to material, and may be a physical building or room, or a
virtual space, or both.[2] A library's collection can
include books, periodicals, newspapers,manuscripts, films, maps, prints, document
s, microform, CDs, cassettes, videotapes, DVDs, Blue-ray Discs, e-books, audio
books, databases, and other formats. Libraries range in size from a few shelves of
books to several million items.

Library is a place where a person seeks information, knowledge. Library can be

found at various levels of educational institutions, government establishments and
at universities.
Library has following components:

1. Library card catalogue

2. Call number
3. Legal periodical articles
4. Subject bibliographies
5. Reference of books
6. Recording source material
7. Use of computer.

1. Library card catalogue:

A card catalogue is an index which lists all the publications in the library collection
by the author, by subject and often by the title. This card catalogue will be
displayed on a shelf which is found at the entrance of the library. This will be
arranged in the alphabetical order, eg: a,b,c,d,e,……….
The information appearing on the face of the cards is the call number on the left-
top corner, name of the author, date of the author, title, place of publication,
publisher, date of publication, number of pages.

2. Call number:

Call number is the identification with which a book in the card catalogue can be
searched. The card catalogue supplies the information needed to locate the book.

Call number consists of;

a. The classification number (subject)

b. The cutter number (author).

3. Other things like tracing legal periodicals, subject bibliographies,

reference books can be done by the researcher only when he has an idea
of how books are arranged in the library.

4. Recording source materials in libraries:

Recording of source materials can be done by the researcher by using
thick cards of 10 x 15 cms. White papers and large books are deal for
recording.

5. Use of computer:
The researcher can access to the internet, connect to various sites and get
the information. ICT plays a very important role in research work. The
researcher can get all the national and international materials regarding
his research sitting at the comfort of his home.
In today’s highly technological advanced world, use of computer is very essential
to carry out true research. Computer is not only useful in scientific research,
medical research but I also very useful in legal research, especially searching new
case laws or new legislations. Computer also gives information of the things
happening around the society at the click of a button.

CONCLUSION:

Therefore the researcher should know how to use library. He should understand the
arrangements of books in the library. The things like subject classification, a card
catalogue and certain bibliographic and reference materials.

(D) LEGAL MATERIALS:

INTRODUCTION:

Legal materials consist of the materials related to law or which speak on law. Legal
research materials help us find out what the law is. They include secondary and
primary sources.

• Primary sources are the law. They include codes and cases.

• Secondary sources explain the law. They include legal dictionaries, legal
encyclopedias, legal periodicals, annotations, and treatises.
It is mandatory for us to follow primary authority from our jurisdiction. Authority
that is merely persuasive includes all secondary authority as well as primary
authority from other jurisdictions (and from courts that are lower than the one
we’re dealing with, in our own jurisdiction).

Many legal research materials have tables of contents and alphabetized topical
indexes to help us find the information we need.

Legal research materials are often updated with supplements. Some supplements
are placed inside the back cover and are called “pocket parts.” Some supplements
are separate additional or replacement volumes. Some legal research materials
come in a “loose-leaf” format and are updated by replacing outdated pages with
new pages.

a) Legal Dictionaries

Legal dictionaries give definitions of words related to law. The words are arranged
alphabetically. One common legal dictionary is Black’s Law Dictionary. Another
is Words and Phrases. Black’s Law Dictionary provides a basic definition for each
word, often from a single jurisdiction. Words and Phrases often provides many
definitions, from a variety of jurisdictions.

b) Legal Encyclopedias

Legal encyclopedias are multi-volume sets that provide information on many

topics of law. The topics are arranged alphabetically.

The two major legal encyclopedias are American Jurisprudence

2d and Corpus Juris Secundum. Some states have their own legal encyclopedias.

There is an index for each encyclopedia set. The index helps us find encyclopedia
sections by subject.
(c) Acts, legislations, enactments

Acts are the first source for collecting legal information. Legislations enacted by
the parliament or State legislatures form the basis for legal materials.

Acts may be enacted by the Central Government or by the State Government. Acts
are the primary legal materials which can be used by the researcher in doing his
legal research.

(d) Precedents

Laws enacted by the Supreme Court of India have a binding effect on all the lower
courts in India. As per Article 141 of the Indian Constitution, Law laid down by
the Supreme Court is the law of the land.

The laws laid down by the Supreme Court in the form of judgments are called as
precedents. Precedents are called as judge-made laws. These laws have persuasive
value in the lower courts in India.

(e) Treatises

Treatises are a rich source of legal information on a wide variety of topics. They
are often written by highly respected authors. They can be located by author,
subject, title, keyword, etc., using a library catalog. Indexes and tables generally
accompany each book or set of books to help us locate the sections that cover
various subtopics. Many highly regarded treatises are found in our Reserve
Library.

(f) Administrative Materials

Administrative laws are laws that are made by administrative agencies.

Administrative agencies are part of the executive branch of government.
(g) Computerized Sources

All of the legal research materials, which have been discussed in this research
manual, can be found in very up-to-date computerized sources. Computerized
sources include fee-based search engines such as Westlaw.com, Lexis.com, SCC
online search, Manupatra online legal search and Versuslaw.com. Each of these
contains a table of contents that can lead to databases that can be searched by
keyword. Computerized sources also include the legal periodical
index, Infotrac (the online version of Current Law Index), which can be searched
by keyword, subject, etc. Computerized sources also include free sources on the
Internet.

CONCLUSION:

Therefore legal materials are very important for doing g legal research. These
materials can be found in library and can be used maximum by the researcher.

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