ELEMENTS OF LEGAL RESEARCH. Teaching: Tools of Research 3.10.2011 WELCOME K.L.E COLLEGE OF LAW BANGALORE. ELEMENTS OF LEGAL RESEARCH. The study of law is closely connected with legal research, which is necessary to give it a proper direction.
Teaching: Tools of Research
K.L.E COLLEGE OF LAW
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
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”.
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 self–development. Methods are the tools of Professional self development .
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 teacher’s 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.
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
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’
2. PROBLEM solving
8.Collaborative learning- The Group method of learning
i. Functional Model-Expansion of problem solving
ii. Socratic Model- Learning by doing
iii. Real Life exposure-Placement/Internship
iv. Simulation Exercises-Learningskills 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.
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
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.
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.
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
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.
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 one’s behaviour.-
At some point, the student who has studied and observed the skilled model performer must… try to imitate the response of the model
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
Lecture approach is to be retained while collaborative learning is exercised to sharpen student interest and to help students build stronger research skills.
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.
Research paths are the typical means of entering the source, such as
Aside from using the typical research paths, students are to be encouraged to use cross-reference from other sources to find relevant entries.
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
The Problems have to be drawn from legal
research exercise books
1. J.MyronJacobstein & 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
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
viii. Case comments on a particular topic
ix. Questionnaire of Legal services Authority for verification of BPL/APL
x. Water pollution samples-VISL
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 registrar’s office to collect certified copies of various types of conveyance deeds
xvii Power point / vedio presentation of the programmes of the entire academic year
ixx Establishing yuva.com/ Vidyartivakilavedike for discussion on various current legal issues
xx . Material collection on the suggested topic
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.
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.
Helps researcher to understand the process of conducting library research and the different research tools, resources and collections available
Information about accessing the libraries student/researcher may need to visit during his/her research and effectively utilizing the services and facilities offered.
He who wants to become a lawyer and not merely to pass law examinations must learn to uselegal 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 primary sources of law are those authoritative records of law made by law-making bodies. i.e.,
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,
They are of great assistance in finding and understanding the law but will seldom replace the legal authority itself.
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.
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.
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
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/
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/
Advantagesof 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.
Devices generally used in controlled observations:
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.
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 observer’s 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.
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
3, Closed ended questions- Respondents’ answers are limited to
a fixed set of responses.
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:
your opinion of questionnaires?”
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.
Engaged for treatment- Diagnostic-Therapeutic / Psychiatric interviews
7. Non-directive interview
8. Telephone 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
*Global *Regional *National *State
*District *Municipal *Village
1.PRBABILITY SAMPLING :
i. Simple random sampling
ii. Systematic sampling
iii. Stratified random sampling
iv. Cluster sampling
V. Multi stage sampling
2. NON-PROBABILITY SAMPLING are Biased samples
4. Sociological method
5. Philosophical method
6. Experimental method -Applied in science
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.