Legal Research by Dr. T.padma and K P C Rao
Legal Research by Dr. T.padma and K P C Rao
Legal Research by Dr. T.padma and K P C Rao
relevant legislation. It is to be
find out quickly and comprehensively the
of law as well as of computer
kept in mind, however, that the language conventions for its
is specialized, has a similar exactness and accepted
on to develop software in
this regard. The
interpretation. Efforts are going
contribution of experts like Bryan T.McCarty, R.Stamper, L.Allen.
Niblett
T. Barthel, S.Jones
H Baner-Bernet, J Bing, Nils Kristian Sundby, H. Fiedler,
is of much
N. Bellford. D du Feu, J Sprawl, C.Tapper, R. Lawlor,
is at testing stage
significance The software which they have developed
.
and if they succeed in their venture, the legal procession will be really
revolutionalised.
c) Report Writing
This is most important part of research work. The work is, incomplete
with view
until the report of the labour put in is reduced into writing a
manner?
a) Title page
work and researcher's name, the
It contains the title of the thesis or
date of submitting it and the name of the institution where it is presented.
It also contains the name ofthe supervisor or guide under whose supervision
or guidance the work was carried out. In case the work was done
publication.
b) Acknowledgement page
This page is devoted to those whose help or inspiration or guidance
and tactful
was obtained in any way. It should be expressed in a simple
manner.
c) Preface or foreword
some initial remarks
It follovs the acknowledgment page, bearing
character of the research
and a brief statement ofthe scope, aim and general
project.
I. The procedure discussed herein the one which is followed or observed of
international level and which has been accepted as a standard form of report
writing.
348 Legal Research Methodology [Ch.V, Syn.1
d) Table of contents
A well developed, table of contents should be produced after preface
with a view to enable the reader to choose rapidlyand judiciously the topics
or sub-topics that he may like to read. It should include the chapter, headings,
the headings of the major sub-divisions of the Chapters and even the
subdivisions.
e) Table of Cases
After the table of contents, the table of ceases should be placed. Cases
should be arranged in alphabetical order with their details, i.e. name of
the report YEAR OF REPORT, NAME OF THE Court and the page number
of the report on which it is reported and then the page number of the thesis
on which that case is referred. If the case has been referred at more places
than one then all the page numbers on which it has been referred should
be given in front of that case. Very often full details of the case in the
table of cases is avoided. But this is not a good practice because sometimes
more than one litigations might have taken place, then only the full reference
can tell exactly as to which case
pertains to what matter or topic.
List of tables or figures
Ifthereare tables and figures, used in the thesis, then a list of all
these should be given, after the table of cases with page number on which
they have been produced.
2) The Main text
This part of the thesis is divided into chapters and is produced as
follows:
a) Introduction
This is the first part of the main text of the
research report. It usually
contains a statement of the factors
the purpose of study the value and
leading upto the choice of the problem,
,
:f used, be precisely defined so that the reader may understand the exact
meaning.
c) Survey of related literature
A researcher must
possess up-to-date information about the
of his study. Their evaluation should be presented for the information subject
of
the reader. The researcher must also present his
analysis of those literatures,
whether they throw sutticient light on the subject or not, or if those works
have become outdated , then in what respect they have become outdated,
and how and what changes be made in them, if any.
d) Procedure
The researcher must prescribe the techniques and tools he has used
forcollecting, organizing, analyzing, and interpretingthe data. The sources
of data tapped, the channels prepared, adopted and utilized, the nature of
data collected, their validity and reliability should be given in a clear and
lucid manner. Information about such data which was collected but not
used or rejected i.e relevant case and resembling cases and the methods
tried out not followed i.e doctrinal or non-doctrinal must also be examined.
Complex techniques of collecting data, their analysis and interpretation
should be explained in full.
e) Presentation of data
In empirical study, this aspect is more important than in the case of
doctorinal study. When statistical informations are assembled
to certain common factors in the form of
according
tables, depending on the type
of material at ones,
disposal, some may be found usual and some unusual.
Unusual data lead in a different direction, therefore they may be left aside.
Apart from this, statistical diagrams and maps etc may also be useful in
this regard.
f) Conclusion
The last portion of the main text is the conclusion which contains
ne researchers finding and the generalizations he has formulated on the
pasis of his study. He presents his contribution to the field of his study.
He must present logically and convincingly the utility of his findings. The
range of applicability of the conclusions should be indicated on the basis
OT the limitations of the sources. Both negative and positive results should
be produced in the conclusions. Recommendations or suggestions for further
Study in the field touched by the present work be also mentioned.
350 Legal Research Methodology Ch.IV, Syn.1
language.
use, should be avoided.
Words, senteices and phrases not in
common
functions
quotation, para-phrases or idea
a) To acknowledge the source of a
borrowed by the author.
To present explanatory statements, quotations or supplementary
b) flow
materials which though important may interfere with the
of the textual material, if included in the main body.
Bibliography
It includes all references to related material. It furnishes a clue to
the quality of the report. It helps those interested in developing the problem
in
further or in studying another angle of the problem. The references
bibliography are arranged alphabeticaily sometimes by topic. Dy
divided
geographical locations, or by some other plan. Quite often, it is
into books, periodicals, reports and bulletins etc.,
1. P.S.Bhatnagar: Data Interpretation and Report writing J.ILI(1982) Vol. 24, NOS
2,3 and 4 page 784
2. P.S.Bhatnagar: Data Interpretation and Report writing JI L.191982) Vol.24 N
2,3 and 4 page 784
Ch.IV, Syn.1]
Data Processing and Analysis 351
Appendix
incl letters, questionnaires, tests or other tools used in collecting
Tables are placed in the appendix as they help those wishing to analvse
data.
study more closely. Materials in the appendix must appear in exactly
s a m e form as the one in which it has been used in the study.
Index
Index is a useful addition to any writing. It contains topics, sub-topics,
cross-index, names of authors arranged in alphabetical order.
Footnotes
Footnotes are produced at that end ofthe page on which the statement
to which the footnotes relates is given. It is produced as follows:
a) If a codified provision is to be produced, it should be produced
as under:
If the same reference is referred on the same page again and again
then only the expression "ibid'" is used. But if it occurs on the next page
then full reference is produced. where, however, foot notes are not produced
from page to page but in a serial order and a reference produced at an
serial number is going to be produced at a later serial number then
earlier
it can be produced as follows:
Supra Ref '5' or 'e' or
op. at Ref.5 or 'e'
Ifa reference is given at an earlier serial number and something specific
about it is said at a later serial number, then at the earlier reference number
it may be presented as follows:
Inpra .Ref No. 25' or 'y'
c)If a material has been produced from a book or from
() an article published or unpublished, then it should be produced
in the foot note as follows:
Julius Stone
Legal System and Lawyers 'Reasoning (Bombay) N.M. Tripathy
Pvt Ltd (1964) P.37
While presenting foot note the first name of the author comes
first, then second and then surname, then title of book or article,
place or publication; publisher, year of publication and specific
page number on which it is located.
(ii) Ifthe book or article is authorized by more than one but not more
three persons, then it should be produced in footnote like
this.
William J Goode, Paul K. Hatt, Methods in Social Research
(Auckland: Mc Graw Hill Book Company, 1952) Page 21.
(iii) If the book is written by more than three authors, then it should
be produccd like this:
William O.Stanley et al Social Foundation of Educations
(Newyork: The Dryden press Inc. 1956) Page 77.
(iv) If the book is edited by someone, then it should be
as follows:
presented
Oscar K. Buros ed: The Fourth Mental
Measurements Year Book
(Highland Park N.J. Gryphon Press, 1953) page 200
Ch.IV, Syn.1] Data Processing and Analysis 353
Bibliography
A Bibliography differs from the footnote in the following respects:
1) It is not given on each page of the thesis, but in the end, after
the Chapter i.e Conclusion and before Index.
354 Legal ResearchMethodology [Ch.IV, Syn.1
2) In bibliography last name or surname of the author comes first.
If there are more than one author, then the last name of he first
author will come first,. but the names of the remaining authors
will appcar in their regular form i.e first name first, then 2nd
second and then the third or the surname in the last e.g.
1 5 ) i l l u s - i l l u s t r a t e d
16) i n t r o . - i n t r o d u c t i o n
20) No.noS.-number/numbers