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1. ELEMENTS OF LEGAL RESEARCH
Teaching: Tools of Research
K.L.E COLLEGE OF LAW
2. ELEMENTS OF LEGAL RESEARCH
The study of law is closely connected with legal research, which is necessary to give it a proper direction.
Sound proposition and arguments cannot be constructed without legal research. It is , therefore, equally indispensable for students of law, lawyers, judges, and scholars who specialise in legal research
3. TOOLS OF RESEARCH Use of law library
4. Training Law students What do we train law students for ?
We train law students to be universal men.
Lawyer is regarded in the community as a man of judgment and wisdom, trained in the straight thinking and who solves the problems after through investigation and Preparation.
5. NEEDS OF A LAW PRACTITIONER What the practitioner needs is a grasp of general legal principles, a sound knowledge of Law practice and procedure, an ability to argue, and a general knowledge of where to find the law he /she wants. He should be aware of his/her goals and his/her Methods
Legal education is essentially self-education; the principal teaching task of Law schools is to guide selfdevelopment. Methods are the tools of Professional self development .
6. TEACHER-NOT A DATA BANK
What student will learn in Law school is not information in the usual sense, not a set of repeatable propositions, but how to do something.
Law teachers primary aim is not to transmit information to the student of law but to help him/her learn how to do what it is that lawyer do with the problems that come to them.
7. Teaching - Learning Process Learning on the part of the student is the ultimate objective of teaching and not learnedness on the part of the teacher.
1. Less Rule learning
2. Less reliance on case method ( Requires students to study volumes)
3. More reading in advanced courses
4. More-in-depth student participation in problem solving
5. More student control over learning process
6. More diversity in Learning groups
7. More concern with student writing skills
8. De-emphasis of grades/Marks
8. Learning Task Learning task should be conceived in the four basic steps
1. Initial guidance
2. Task performance
3. Feedback on performance, and
4. Assimilation of Feedback
Each task will involve the three dimensions of task performance-Activity subject matter and purpose
9. METHODS OF TEACHING
2. PROBLEM solving
8. Collaborative learning- The Group method of learning
10. Teaching Models i. Functional Model-Expansion of problem solving
ii. Socratic Model- Learning by doing
iii. Real Life exposure-Placement/Internship
iv. Simulation Exercises-Learning skills by performing
v. Self study- Reading courses-student study himself
vi. Team teaching-Planned activity- Requires Complete Understanding between teachers in the team
There should be a basic mix of teaching methods. There should be a deliberate shift from one method to other method.
11. LECTURE METHOD Most popular method
Lecturing and assigning problems based on decided case laws. But this method-even with illustrations-frustrating and sometimes boring both faculty and students.
Teaching Tools/Techniques of legal research through lecture method suffers from same disadvantages as would teaching swimming by lecturing
12. Other methods of teaching Law 2.PROBLEM SOLVING
13. Collaborative learning-The Group method of learning A small group of students who together analyse a case law would reach more accurate results than students who individually analyzed one.-HYPOTHESIS
The group method of learning-Collaborative learning-can be used to teach virtually any subject.
Collaborative learning is particularly helpful in teaching manual legal research.
This innovative yet simple technique can both spark student interest and enable students to develop strong legal research skills.
14. Collaborative learning-
The value of integrating legal research with another skills course such as Interviewing and counseling enhances the potential of collaborative learning.
If the group research could be undertaken during class time under the direct supervision of the faculty, the students would be less intimidated by manual research tools and would be better prepared to work on their own.
15. 8. Collaborative learning- THREE STEP METHOD
THE STUDENTS READ ABOUT THE TOOL
2. THE FACULTY DISCUSS THE TOOL IN CLASS; &
3.Immediately following the discussion, students to go to the library to work in groups in the presence of the faculty.-
This step departs from standard practice
16. Learning theory and skills To learn how to conduct legal research or to learn how to swim one must practice the skill.
If the Faculty points out strengths and weakness while students practice, students learn faster and better
Learning theory supports the proposition that at some point students must be taken out of the lecture hall and on to the swimming pool-Library, court, etc., for experiential learning.
17. LEARNING THE SKILL Reading, Listening, observing a model, and discussing the skill in class are only intermediate steps toward learning the skill.
By observing a model carefully, one can attempt to transfer its attributes to ones behaviour.-
At some point, the student who has studied and observed the skilled model performer must try to imitate the response of the model
18. Effective learning Students need feedback and reinforcement to learn most effectively
By rewarding desirable responses as students practice, the faculty considerably advances the learning process
Students learn best if they receive feedback and reinforcement immediately after they study and practice the task.
The teaching method must enable students to progress from passive observers to competent actors
19. COLLABORATIVE LEARNING- EXPEPERIMENTAL PROCEDURE Lecture approach is to be retained while collaborative learning is exercised to sharpen student interest and to help students build stronger research skills.
Collaborative learning groups enables students to practice conducting legal research in a structured setting that provides interaction, feedback, and reinforcement
20. INSIDE THE CLASS
At least a week before next assemblage of the class ,students are to be assigned readings on a particular research Tool.
Each student has to be assigned to a group of three/five students
During the first twenty-five minutes of class, the faculty has to discuss the tool with the students, illustrating among other things, precise research paths.
21. Research paths
Research paths are the typical means of entering the source, such as
The index path
The topical path (textual volume for a specific topic)
The table of case;
The table of statutes path
Aside from using the typical research paths, students are to be encouraged to use cross-reference from other sources to find relevant entries.
22. Student groups inside the Library The groups then have to get into the Library for the remaining 20-25 minutes to research the problem
The Faculty shall stay themselves next to the assigned tool , and are accessible for questions while students were using the tool inside the Library
Before the period ends, one member from each group has to check in with the faculty who briefly reviews the group progress
23. Legal research exercise books The Problems have to be drawn from legal
research exercise books
1. J.Myron Jacobstein & Roy M. Mersky, Fundamental of Legal research(3rd ed)
2. Legal research illustrated-3rd ed Assignments, Mineola, N.Y., 1985
3. Fundamental of Legal research-Mineola., N.Y., 1987
4. Harry Bitner, Shirley R, Bysiewicz & Williams C. Mathews Jr-Problems for effective legal research, 5th ed, Boston, 1979
24. Legal research exercise i. Consumer-Dealer survey
ii. Journal content Index A.I.R. / I.B.R / Jr .I.L.I
iii Subject wise NEWS paper cuttings
iv. Writing of response to current news.
v. Socio-Legal Research survey in Gram panchayats
vi. Content Index to Articles
Writing Article for Legal Literacy programme
viii. Case comments on a particular topic
ix. Questionnaire of Legal services Authority for verification of BPL/APL
x. Water pollution samples-VISL
25. Legal research exercise xi. Survey of status of Girls Hostels , Vridha Asrama, Reception centre, Jail, Juvenile Home,
xii. Issuance of LLr- driving Licence
xiii. Visit to court and lawyers office /Police station for collection of various Legal specimens eg., F.I.R/Charge Sheet /Bail Application Format
xiv. Searching of case Laws through Legal Eagle software/ Manually
xv. Assignment writing
xvi. Visit to Sub registrars office to collect certified copies of various types of conveyance deeds
xvii Power point / vedio presentation of the programmes of the entire academic year
Filing RTI application for 4(1)(b) Notification
ixx Establishing yuva.com/ Vidyarti vakila vedike for discussion on various current legal issues
xx . Material collection on the suggested topic
26. SUGGESTIONS FOR EXECUTION
Experimentation with the group learning method indicates that the research problems must be carefully designed and the groups carefully instructed and managed for the exercise to be succesful.
27. Recommended steps 1.Significant time must be allocated to give the group a fair opportunity to solve the problem and to present their report
2. The problems should be designed so that every group does not attempt to handle the same volume at the same time
3. Group size should be limited to three students, a manageable number.
4. The group task should be clearly defined
5. The exercise should be designed to challenge the students but not to overpower them
6. All group exercise are somewhat chaotic. The trick is to keep the chaos to a minimum.
28. Tools of research - Use of law library
Preparation for research work consists in learning How to use the resources of law libraries?
All legal research inevitably involves the use of the law text books, Periodicals, and Documentary materials in libraries.
29. Use of Library Planning Library Research
Helps researcher to understand the process of conducting library research and the different research tools, resources and collections available
Using law Libraries
Information about accessing the libraries student/researcher may need to visit during his/her research and effectively utilizing the services and facilities offered.
30. LEGAL MATERIAL
primary legal materials-All legal sources.
All of the other Legal materials -Secondary materials.
He who wants to become a lawyer and not merely to pass law examinations must learn to use legal materials. He must get to know the way about his law library, and must acquire the habit of first-hand work among what lawyers call the sources.
The law of India is contained in constitutional law of India, statutes enacted under it and the judicial decisions;
what the textbook writer think is not, in itself, law. He may have misinterpreted the authorities, and the reader who goes to them goes to the fountainhead.
31. PRIMARY LEGAL MATERIAL The primary sources of law are those authoritative records of law made by law-making bodies. i.e.,
The legislation made by Union parliament and state legislatures
The rules, regulations, orders, ordinances, notifications, circulars, and by-laws ,of those bodies to whom parliament or state legislatures have delegated authority, and;
The authoritative reports of the decisions of the courts.
Customary practices- Indigenous peoples /law as recognized by the Supreme court of India.
32. SECONDARY LEGAL MATERIAL publications which refer and relate to the law while not being themselves primary sources.
Ex: commentaries, AIR commentaries & Digests, Annual survey of Indian law, Halsbury laws of India.
All legal text books, encyclopedias, dictionaries, digests, journals, and the like.
A court will not feel bound by secondary source materials if cited in support of a proposition of law,
Goal is to find the law and that will mean that a case, Act or Regulation, or a mixture of all three, must be found and cited.
They are of great assistance in finding and understanding the law but will seldom replace the legal authority itself.
33. LIBRARY RESOURCES Using Resources
Information about using the range of research tools and resources that student/researcher may need to use during his/her research.
Besides familiarizing himself with the law reports and statute book, the Student lawyer-to-be should get to know his way about the library as a whole, together with its apparatus of catalogues and books of reference.
Referencing & Bibliography
Helps the student/researcher to correctly reference the sources he/she has used in his/her research, compile a bibliography and use bibliographic software.
34. LIBRARY DATA: SEARCH TOOLS Title Search: Searches through all of the subject titles
Method Search: Statistical methods such as regression
Topic Search: Topics such as LAW or JURISPRUDENCE
Data-file Subject Search: Data subjects such as
Statutes or List of cases
Full-text Search: Searches through all of the law
subjects and data-files.
35. PRINT MEDIA PAPER SOURCES:
4) Case Law books
5) Bare acts
6) Text books
8) Statutory rules
9) Law commission reports
10) Constituent Assembly debates
11) Parliamentary debates
12) Journals and Reports
14) Current central legislations
36. NON PRINT MEDIA The convergence of computer and communication technologies have created a new channel of networking
Examples of CD ROMs
1) Grand Jurix
2) Laws premium
3) Law encyclopedia
4) Advocate library
5) Company law
6) Labour law
7) Constitution of India
8) Intellectual property rights- key to new wealth-Interactive CD.
9) Karnataka law CD
10) Legal India CD.
11) Legal eagle-soft ware
37. Websites - Webliography
ebookee.com/law.html sites.google.com/site/gyanendrasinghchauhan.comindiankanoon.org/judis.openarchive.in/ (scc)judis.nic.in/ judis.nic.in/supremecourt/chejudis.asp (SCC)supremecourtcaselaw.com/ (SCC)indiacode.nic.in/lobis.nic.in/mhc/srjud.php (MP HIGH COURT JUDGEMENT)legalserviceindia.com/dictionary.law.com/lectlaw.com/def.htm (law dictionary online)books.google.co.in/vakilno1.com/gigapedia.com/
38. Websites - Webliography answeringlaw.com (scc)gunaccessories.com/ (ARMS)indiabook.com/Government/Law/index.htmlindianlawcds.com/Free_indian_bare_Acts.htmindia.gov.in/govt/acts.phplegalhelpindia.com/cause-lists.html lawzonline.com/legalindia.in/legalapproach.net/lawguru.comindlegal.com/rtiindia.org/indlii.orgloc.gov/law/help/guide/nations/india.phpforensic.jouwbegin.nl/divorcelawyerindia.com/stpl-india.in/
39. Empirical data- Measuring tools & devices Observation
Observation is an activity, which senses and assimilates the knowledge of a phenomenon or the recording of data using instruments.
Observation is the process of filtering sensory information through the thought process. Input is received via hearing, sight, smell, taste, or touch and then analyzed through either rational or irrational thought.
41. TYPES OF OBSERVATION
Participant and non participant observation.
Controlled and uncontrolled observation
Structured and unstructured observation
42. Participant and non participant observation Advantages of participant observation and limitations
Non-participant observation and limitations
The defining characteristic of observation is that it involves drawing conclusions, as well as building personal views about how to handle similar situations in the future, rather than simply registering that something has happened.
43. Controlled and uncontrolled observation: Devices generally used in controlled observations:
A detailed observation plan
Mechanical appliances like photos, tape-recorders,
These controls increase precision, reduce bias, ensure reliability, systematic procedures and increase objectivity.
Most of the knowledge about the social phenomena is generally derived through uncontrolled observation only. To get a spontaneous picture of life and persons, this type of observation is used.
44. STRUCTURAL AND UNSTRUCTURED OBSERVATION Observational technique presupposes that the investigator knows what aspects of the situation under study are relevant to his research purposes and is in a position therefore to develop a specific plan for making and recording observations before he actually begins the collection of data.
Unstructured observation is mostly used as an exploratory technique. In exploratory studies, the observer does not know in advance which aspects of the situation will prove relevant and the observers understanding of the situation is likely to change as he goes along. This in turn, may call for changes in what he observes. The unstructured observation is flexible and allows for changes in focus from time to time.
45. Questionnaire The questionnaire is a list of important and pertinent questions concerning a problem.
Defined as a list of questions sent to a number of persons for their answers and which obtains standardized results that can be tabulated and treated statistically.
Questionnaire is a popular method of data collection
46. What is a Questionnaire? A questionnaire is a research instrument consisting of a series of questions and other prompts for the purpose of gathering information from respondents. Although they are often designed for statistical analysis of the responses, this is not always the case..
Questionnaires have advantages over some other types of surveys in that they are cheap, do not require as much effort from the questioner as verbal or telephone surveys, and often have standardized answers that make it simple to compile data
47. DIFFERENCE BETWEEN QUESTIONNAIRE, SCHEDULE AND INTERVIEW GUIDE
A questionnaire is a tool for obtaining answers to a bunch of questions by the respondent. Generally, the questionnaire is mailed to the informants who are to give answers in the questionnaire itself. The researcher does not meet and help the informant in filling the questionnaire.
A Schedule refers to a form of questionnaire, which is generally filled in by the researcher himself. He sits with the respondent face to face and fills in the form.
The fundamental difference between a questionnaire and a schedule lies in the method of filling the form containing a set of questions. A questionnaire is self-administered whereas a schedule is not.
An interview guide is a set of points, topics or matters which must be necessarily covered by the interviewer while conducting the interview. At times, questionnaire or schedule itself is used as the interview guide
48. CHARACTERSTICS OF A GOOD QUESTIONNAIRE: The significance of the topic should be closely and carefully stated on the questionnaire or in the covering letter.
Questions whose answer can be secured more accurately from other sources such as census data, may be excluded
It is not desirable to use leading questions.
Questions framed must be simple instead of long complex questions.
In fact, question wording and formulation is an art and can only be learnt by practice.
The set of questions must be logically related to the problem under investigation. Opening questions should stimulate interest in the respondent.
Questionnaire should be attractive in appearance, neatly arranged and clearly duplicated or printed. In a mailed questionnaire, an attractive-looking questionnaire is a plus point for co-operation.
The authority for the collection of the information should be stated.
Sufficient space must be provided for recording the responses.
49. A GOOD QUESTIONNAIRE In general, all questions should meet the following standards namely
(i) should be easily understood;
(ii) should be simple i.e., should convey only one thought at a time;
(iii) should be concrete and
(iv) should conform as much as possible to the respondents way of thinking.
50. TYPES OF QUESTIONNAIRE Structured questionnaire
Merits and demerits of questionnaire
51. Types of questions
Contingency questions - A question that is answered only if the respondent gives a particular response to a previous question. This avoids asking questions of people that do not apply to them (for example, asking men if they have ever been pregnant).
Matrix questions - Identical response categories are assigned to multiple questions. The questions are placed one under the other, forming a matrix with response categories along the top and a list of questions down the side. This is an efficient use of page space and respondents time.
52. Types of questions 3, Closed ended questions- Respondents answers are limited to
a fixed set of responses.
Yes/no questions - The respondent answers with a yes
or a no.
Multiple choice - The respondent has several option from
which to choose.
Scaled questions - Responses are graded on a continuum (example: rate the appearance of the product on a scale from 1 to 10, with 10 being the most preferred appearance).
4. Open ended question- No options or predefined categories are suggested. The respondent supplies their own answer without being constrained by a fixed set of possible responses. Examples of types of open ended questions include:
Completely unstructured - For example, What is
your opinion of questionnaires?
Word association - Words are presented and the respondent mentions the first word that comes to mind.
53. Interview The interview technique is universally used for the study of human behaviour. The lawyer, physician, the journalist, the social worker-all depend on interviews to meet their professional demands.
In simple terms, interview means conversation with a purpose.
Interviewing is an interactional process, & it is a mutual view. Interviewing is fundamentally a process of social interaction.
54. INTERVIEW-Method of data collection The term interview stands for a generic concept which includes a variety of procedures used in collecting data through a person to person contact between an interviewer and a respondent.
Thus, interview is a method of data collection mainly through the verbal interaction between the respondent and the interviewer. It is a verbal method of securing data. The interview method of collecting data involves presentation of oral-verbal stimuli and reply in terms of oral-verbal responses.
55. Interview method The interview method affords a portrait of human personality, i.e. ., information about the social background which governs ones scheme of life, ones inner strivings, tensions, wishes and the changes in ones behavioral relations. The interview has been a widely used method in empirical studies.
There is saying that; if you want to know how people feel, what they experience, and what they remember, what their emotions and motives are like and the reasons for acting as they do- why not ask them?
56. TYPES OF INTERVIEW 1.Clinical interview
Engaged for treatment- Diagnostic-Therapeutic / Psychiatric interviews
7. Non-directive interview
8. Telephone interview:
57. PROCESS OF INTERVIEW: There are three important phases in the interview.,
1 Rapport building
2 probing, and.,
3 Recording of response
Advantages and limitations of interview method
58. Interview schedule For eliciting data from illiterate
For eliciting data from busy persons
For eliciting data of unique nature
For eliciting data of confidential nature
For eliciting data of sensitive nature
Careful drafting of the schedule
Storage of date collected
59. survey Perspectives:
*Global *Regional *National *State
*District *Municipal *Village
61. Sampling Need for sampling:
Sampling can save time and money. A sample study is usually less expensive than a census study and produces results at a relatively faster speed.
Sampling is the only way when population contains infinitely many members.
Sampling assists in obtaining information concerning some characteristics of the population.
62. Sampling facets SAMPLING TECHNIQUES
1.PRBABILITY SAMPLING :
i. Simple random sampling
ii. Systematic sampling
iii. Stratified random sampling
iv. Cluster sampling
V. Multi stage sampling
63. NON-PROBABILITY 2. NON-PROBABILITY SAMPLING are Biased samples
64. Random Sampling The definitions of the universe and of the observations are precise and coincide with each other.
The definition or list of universe is complete.
The mechanical procedure of drawing the sample is easy to carry out and does not introduce bias of its own.
65. Stratified Sampling Use of smaller sample with greater precision.
Homogenous universe requires smaller sampling.
Requirements of division into homogeneous categories:
Criteria for division be correlated with the variable being studied;
Criteria used not provide so many sub-samples as to increase the size of the required sample
66. Sampling Model
67. . Analysis of data Use of computer for storage & classification of data
Methods of verification and analysis of data while writing the report
Historical method Applied in social science
4. Sociological method
5. Philosophical method
6. Experimental method -Applied in science
68. Case study Case study is a very popular form of qualitative analysis. It is an important tool of social investigation and is extensively used in Psychology, education, sociology, economics and political science.
In social research, the term case refers to a unit of study. The unit may be a person, an episode in a persons life, a group of persons such as a family or a class of persons such as the habitual offenders or a concrete set of relationship like labour management relations, a specific process like rehabilitation of the community or even an entire culture such as culture of a factory. Each case is a complex whole and unique.
69. Case-study method The method of exploring and analyzing the case is known as case-study method. It is in fact a technique which considers all pertinent aspects of a situation employing as the unit of study an individual or group and intensively investigating it.
It is a method of study in depth rather than breadth. It places more emphasis on the full analysis of a limited number of events or conditions and their inter-relations.
70. Case study is a way of organizing social data so as to preserve the unitary character of the social object being studied.
Characteristics of case- study method:
Advantages of case- study method
Limitations of case- study method
71. Participation Participant observation
Partly participant & partly non-participant observation
Participant observation is a set of research strategies which aim to gain a close and intimate familiarity with a given group of individuals (such as a religious, occupational, or sub cultural group, or a particular community) and their practices through an intensive involvement with people in their natural environment, often though not always over an extended period of time.
72. THANK YOU
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