PROJECT ON

LEGAL DESIGN: AN ANALYSIS

SUBMITTED TO

MATS LAW SCHOOL, RAIPUR

SUBMITTED BY
Ishu Deshmukh
ID- MU20LLM1Y025
SEMESTER –I, L.L.M(1 Year)

MATS UNIVERSITY, RAIPUR

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 DECLARATION

I hereby declare that this project titled, ‘RESEARCH DESIGN: AN ANALYSIS submitted
to the MATS Law School, Raipur is a record of word done by me, under the guidance of my
faculty.

ISHU DESHMUKH

ID- MU20LLM1Y025

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 ACKNOWLEDGEMENTS

First and foremost, I am thankful to Faculty of administrative law, MLS, Raipur, for allotting
me the topic “Research Design: An Analysis”.

I would also like to thank my dear colleagues and friends in the University, who have helped
me with ideas about this work. I would also thank the University Administration for
equipping the University with such good library and internet facilities, without which, no
doubt this work would not have taken the shape in correct time. Lastly, I would thank the
Almighty God for providing me the strength and determination to deal with the topic and
work with utmost sincerity on the interesting project.

Ishu Deshmukh

ID- MU20LLM1Y025

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 TABLE OF CONTENTS

1) Declaration………………………………………………………………….2
2) Acknowledgement…………………………………………………………..3
3) Research Methodology & Objectives………………………………………5
4) Legal Research Methodology……………………………………………….6
5) Objectives of Research…………………………………………………........5
6) Chapter 1- Introduction…………………………………………………….9
7) Chapter 2- Meaning& Nature of Research Design…………………………12
8) Chapter 3- Classification of Research Design……………………………...14
9) Chapter 4- Kinds of Research Design……………………………………...17

10)Chapter 5- Need & Importance of Research Design……………………….19

10) Chapter 6- Significance of ResearchDesign……………………………… 23

11) Chapter 7- Conclusion……………………………………………….…….24

10) Bibliography……………………………………………………….……25

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 RESEARCH METHDOLOGY

Doctrinal research is the chosen research method for this study.

Doctrinal research asks what the law is on a particular issue. It is concerned with analysis of
the legal doctrine and how it has been developed and applied. This type of research is also
known as pure theoretical research.

Doctrinal research involves:

1. Systematic analysis of statutory provisions and of legal principles involved therein derived
from.

2. Logical and rational ordering of the legal propositions and principles.

OBJECTIVE OF THE STUDY

The objective of this study is to gain fundamental knowledge in the field of Research Design.
This will enable me to learn about the various conditions, reasons and implications that exist
in this field of study. The assignment would provide a clear picture about what research
design means, how important research design is and how research design is useful.

While working on this project came across a lot of other research papers and publications
which held me in making this project.

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 LEGAL RESEARCH METHODOLOGY

Legal research is "the process of identifying and retrieving information necessary to support
legal decision-making. In its broadest sense, legal research includes each step of a course of
action that begins with an analysis of the facts of a problem and concludes with the
application and communication of the results of the investigation.”

The processes of legal research vary according to the country and the legal system involved.
However, legal research generally involves tasks such as:

 Finding primary sources of law, or primary authority, in a given jurisdiction (cases,

statutes, regulations, etc.).
 Searching secondary authority (for e.g. law reviews, legal dictionaries, legal treatises,
and legal encyclopaedias such as American Jurisprudence and Corpus Juris
Secundum), for background information about a legal topic.
 Searching non-legal sources for investigative or supporting information.

Legal research is performed by anyone with a need for legal information, including lawyers,
law librarians, and paralegals. Sources of legal information range from printed books, to free
legal research websites (like Cornell Law School’s Legal Information Institute, Findlaw.com,
Martindale Hubbell or CanLII) and information portals to fee database vendors such as
Wolters Kluwer, LexisNexis, Westlaw, and Bloomberg Law. Law libraries around the world
provide research services to help their patrons find the legal information they need in law
schools, law firms and other research environments. Many law libraries and institutions
provide free access to legal information on the web, either individually or via collective
action, such as with the Free Access to Law Movement.

In general, it can be elucidated that all research is the gathering of evidence or information
for ascertaining an assumption or verifying some hypothesis. Research is, therefore, an
enquiry for the verification of a fresh theory or for supplementing prevailing theories by new-
knowledge.

The purpose of the Legal Research is to safeguard the interest of the society as a whole by
protecting its physical (or) mental health. Legal research is for authority to verify some
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hypothesis and is a continuum under the broad theme of enquiry about law, an analysis is
made of the rules, concepts and institutions of the law and of the legal system in it’s entirely.

Right from the evolution of human society, intellectuals of the society are always inclined to
probe for facts of the empirical world and to reveal the truth, “Every aspect of human
behaviours or facts of life has a problem. In 'society there were problems, there are problems
and there will be problems, we have to find out answer to those problems. Hence this is the
requirement of the society to conduct research. In simple words we can say research is a
prerequisite for a dynamic society. To seek the answer of a problem and development of
society, research plays a significant role. Every research is socially oriented, as research is
always conducted for the betterment of advancement of the society. It may discover new facts
or test old existing facts. The aim of research is to find out the truth which is hidden or
unknown and which has not been discovered so far.

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 CHAPTER-1

INTRODUCTION

Research design is a planning of detailed outline of whole research work containing steps and
process to be followed in the research which include how data is to be collected, what
instruments will be employed, how the instruments will be used and the intended means for
analyzing data collected.1 Research design provides a direction to researcher so that he can
precede the research work in a planned and systematic manner. Research Design is
understood as a planning as to the method and technology to be used in research. According
to distinct nature, object and purpose of every research their design may vary from one to
another. It is a mandatory step to be designed properly in order to undergo any research work.
Research design has linkages with research problem, objectives of research and purposes
thereof. Researcher must have a clear picture about research problem, objective and purpose
so that he can plan an appropriate and effective design to proceed with research. Whether,
design is proper and efficient in achieving objectives of research would come to know after
acting accordingly. How to do any research is an independent choice of researcher. Since,
unskilled and inexperienced procedure may cause heavy risk. Otherwise secure way of doing
study is to follow some approved procedure which has been experienced by the previous
researchers. Therefore, the procedure suggested as safe, secure and reliable are more
trustworthy to be followed rather than inexperienced process and methods. Planning of
researcher to go with any procedure and method for researching his topic is called a research
designing. A research design is the set of methods and procedures used in collecting and
analysing measures of the variables specified in the research problem research. The design of
a study defines the study type (descriptive, correlation, semi-experimental, experimental,
review, meta-analytic) and sub-type (e.g., descriptive-longitudinal case study), research
problem, hypotheses, independent and dependent variables, experimental design, and, if
applicable, data collection methods and a statistical analysis plan. A research design is a
framework that has been created to find answers to research questions. Research design offers
the investigator an opportunity to carry out different research operations efficiently. This
makes research as valuable as possible producing maximum information with minimum
effort, time and money.

1
http://www.businessdictionary.com/definition/research-design.html#ixzz3BHQGD9PT

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A research design is the set of methods and procedures used in collecting and analysing
measures of the variables specified in the research problem research. The design of a study
defines the study type (descriptive, correlation, semi-experimental, experimental, review,
meta-analytic) and sub-type (e.g., descriptive-longitudinal case study), research problem,
hypotheses, independent and dependent variables, experimental design, and, if applicable,
data collection methods and a statistical analysis plan. A research design is a framework that
has been created to find answers to research questions.Research design offers the investigator
an opportunity to carry out different research operations efficiently. This makes research as
valuable as possible producing maximum information with minimum effort, time and money.
A research design basically means the plan or technique of shaping the research, or as Hakim
(1987) puts it “design deals mainly with aim, purposes, motives and plans within the practical
constraints of location, time, money and availability of staff”. The possibilities of success of a
research study is significantly improved when the “beginning” is properly defined as a
precise statement of goals and justification.

A research design:

 Broadens your mind

 Provides fascinating & exciting experience
 Gives understanding of world around you
 Makes you meet new people

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 CHAPTER-2

Meaning & Nature of Research Design:

Research design denotes the research planning. A blue print of whole research work is
designed by the researcher. If man makes planning to perform any task whether picnic, party,
travelling, future planning, business planning or building construction. Before initiating the
task he plans or designs certain strategy to complete the task from beginning till last. It
includes certain steps, methods, tools and techniques required for successful completion of
such task. Similarly, research planning is required before every research work. A research
design is a general plan or strategy for conducting a research study to examine specific
testable research questions of interest. The nature of the research questions and hypotheses,
the variables involved, the sample of participants, the research settings, the data collection
methods, and the data analysis methods are factors that contribute to the selection of the
appropriate research design. Thus, a research design is the structure, or the blueprint, of
research that guides the process of research from the formulation of the research questions
and hypotheses to reporting the research findings. In designing any research study, the
researcher should be familiar with the basic steps of the research process that guide all types
of research designs. Also, the researcher should be familiar with a wide range of research
designs in order to choose the most appropriate design to answer the research questions and
hypotheses of interest. Length and complexity of research designs can vary considerably, but
any sound design will do the following things:

1. Identify the research problem clearly and justify its selection, particularly in relation
to any valid alternative designs that could have been used,
2. Review and synthesize previously published literature associated with the problem,
3. Clearly and explicitly specify hypotheses [i.e., research questions] central to the
research problem,
4. Effectively describe the data which will be necessary for an adequate test of the
hypotheses and explain how such data will be obtained,
5. Describe the methods of analysis which will be applied to the data in determining
whether or not the hypotheses are true or false.

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 Research design definition:

Research design is the framework of research methods and techniques chosen by a

researcher. The design allows researchers to hone in on research methods that are suitable for
the subject matter and set up their studies up for success.

The design of a research topic explains the type of research

(experimental, survey, correlational, semi-experimental, review) and also its sub-type
(experimental design, research problem, descriptive case-study). 

There are three main types of research design: Data collection, measurement, and analysis.

The type of research problem an organization is facing will determine the research design and
not vice-versa. The design phase of a study determines which tools to use and how they are
used.

An impactful research design usually creates a minimum bias in data and increases trust in
the accuracy of collected data. A design that produces the least margin of error in
experimental research is generally considered the desired outcome. The essential elements of
the research design are:

1. Accurate purpose statement

2. Techniques to be implemented for collecting and analyzing research
3. The method applied for analyzing collected details
4. Type of research methodology
5. Probable objections for research
6. Settings for the research study
7. Timeline
8. Measurement of analysis
Proper research design sets your study up for success. Successful research studies provide
insights that are accurate and unbiased. You’ll need to create a survey that meets all of the
main characteristics of a design. There are four key characteristics of research design:

Neutrality: When you set up your study, you may have to make assumptions about the data
you expect to collect. The results projected in the research design should be free from bias

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and neutral. Understand opinions about the final evaluated scores and conclusion from
multiple individuals and consider those who agree with the derived results.

Reliability: With regularly conducted research, the researcher involved expects similar

results every time. Your design should indicate how to form research questions to ensure the
standard of results. You’ll only be able to reach the expected results if your design is reliable.

Validity: There are multiple measuring tools available. However, the only correct measuring
tools are those which help a researcher in gauging results according to the objective of the
research. The questionnaire developed from this design will then be valid.

Generalization: The outcome of your design should apply to a population and not just a
restricted sample. A generalized design implies that your survey can be conducted on any
part of a population with similar accuracy.

The above factors affect the way respondents answer the research questions and so all the
above characteristics should be balanced in a good design.

A researcher must have a clear understanding of the various types of research design to select
which model to implement for a study. Like research itself, the design of your study can be
broadly classified into quantitative and qualitative.

Questions/ consideration that should be undertaken it a research design:

1. What is the study about?

2. Why is the study being made?
3. Wherever are going to be the study be carried out?
4. What type of data is required?
5. Where can the required data be found?
6. What periods of your time can the study include?
7. How will the data be analyzed?
8. What will be the sample design?
9. What technique of knowledge assortment is going to be used?

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 CHAPTER-3
Classification of Research Design

Research Design has been classified in 2 parts-

1) Substantive Research Design

2) Procedural Research Design

Substantive Research Design: The initial level of designing, ipso facto comes into shape on
the basis of nature of problem, objectives and purposes of research, where researcher has no
interference he has to proceed in the light of objective satisfaction. He has no choice to use
alternative techniques. According to nature of the problem i.e., descriptive, diagnostic,
remedial, comparative or experimental research. In other words this is the foundation of
every research. Researcher has to be very keen and vigilant on this stage just to make him
sure whether the nature described by him accurately reflecting and appropriate to objectives
of research work.

Procedural design: After completion of first stage, under second stage of design their
procedure is opted in the light of purposes, resources and limitation of research. Limitations
may be as to time, fund and human resource etc. Research procedures are not conclusively
binding upon the researcher to follow a particular method and procedure in his work. He has
full freedom to choose his own procedure suitable and convenient to him but should also be
tested in the light of object and purpose of research study. Saul Kripke said as “There is no
rule for how to apply a rule.”4 After selection of problem and objectives have been drawn
properly, the researcher has to decide how to deal with the facts, selection of research
method, method of data collection, which statistical test to be used, how to select sample size,
selection of tools and technology of data collection; he has to make a methodological value
judgment. His subjective interference plays a vital role because selection of particular
procedure depends on the purposes of research, skill of researcher, availability of resources
and limitations of research. While taking decision in this respect he has to be attentive
towards the objectives of research. Recklessness in opting the procedural part may give the
scope of error and impurity in study, for which researcher would be answerable for erroneous
results.

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 Object and purpose of Research Design:

1) It provides the basic shape to every research work, which reflects the nature of
problem and objectives thereof. On the basis of nature of research problem certain
research design is prepared. Sometimes, merely by looking into the designing, certain
anticipations can be made as to the research problem and their objectives. i.e.
Qualitative Research or quantitative research design,
2) Certain directions are given to the researcher that what procedure, techniques and
tools will be followed by him while data collection and their analysis. It avoids the
situation of confusion or fix for taking appropriate decision under research work. In
the absence of clear research planning whole research may be chaotic. It would result
in loss and wastage of resources.
3) It provides procedural alternative choices to researcher to be selected according to
purpose and limitations of research. How, the aimed purpose can be immediately and
effectively achieved by the researcher in more economic and reliable way, it depends
on intellectual decision of researcher. Where objectives are limited so a sorter and
economy procedure is preferred for undergoing research rather than a comprehensive
objectives. Contrarily, where objectives are comprehensive but availability of
resources are limited in such cases a smart strategy is designed by the researcher to
fulfill the objectives within the available resources. Appropriate techniques and tools
are selected in the light of above consideration.
4) Research is designed after keeping the nature of data into consideration. What method
and tools would be appropriate and reliable in the matter shall be decided according to
nature of data, qualitative or quantitative.
5) It works as guiding principle and provide direction to opt certain tools and method on
every stage of research.
6) It provides order of research steps. This helps to researcher to complete study in
proper, systematic and orderly manner.

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 CHAPTER-4

Kinds of Research design

i) Qualitative & Quantitative Research.

ii) Doctrinal & Empirical Research.

Qualitative & Quantitative Research Design – Research designs are classified as

qualitative and quantitative research. Social surveys and experiments are frequently viewed
as prime examples of quantitative research, case studies, on the other hand, are often seen as
prime examples of qualitative research which adopts an interpretive approach to collected
data, studies and `things' in their context and considers the subjective meanings that people
bring to their situation.

Qualitative Research: Qualitative research is a method of inquiry employed in many

different academic disciplines. Qualitative researches aim to gather an in-depth understanding
of human behavior and the reasons that govern such behavior. The qualitative method
investigates the why and how of decision making, not just what, where, when. Hence, smaller
but focused samples are more often used than large samples. In the conventional view,
qualitative methods produce information only on the particular cases studied, and any more
general conclusions are only propositions (informed assertions). Quantitative methods can
then be used to seek empirical support for such research hypotheses.

The word qualitative implies an emphasis on the qualities of entities and on processes and
meanings that are not experimentally examined or measures (if measured at all) in terms of
quantity, amount, intensity or frequency. Qualitative researchers stress the socially
constructed nature of reality, the intimate relationship between the researcher and what is
studied, and the situational constraints that shape inquiry such researchers emphasize the
value- laden nature of inquiry. They seek answers to questions that stress how social
experience is created and given meaning. Whereas, in quantitative studies emphasize the
measurement and analysis of causal relationships between variables, not processes.
Proponents claim that their work is done from within a value free framework.

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Quantitative Research: The quantitative method is one of the social sciences’ frameworks or
approaches for research, and has been widely used in different academic disciplines such as
psychology, sociology, political science and legal studies. It deals with numbers, statistics or
hard data whereas qualitative data are mostly in the forms of words.11 Quantitative methods
may be defined as the techniques associated with the gathering, analysis, interpretation and
presentation of numerical information. Quantitative method is opted where the research
questions guide investigations and are concerned with unknown aspects of a phenomenon of
interest. Answer to quantitative research questions are presented in numerical form.
Quantitative (statistical) data analysis is the analysis of numerical data using techniques that
include simply describing the phenomenon of interest or looking for significant difference
between groups or among variables.

Quantitative research is primarily concerned with techniques that analyze numbers.

Quantitative research involves calculation of descriptive statistics (calculating averages,
averages, probabilities or exploring numerical relationships). In quantitative research data is
ordinarily in numerical form or the results of the numeric processes. Martyn Hammersley
defines quantitative approach as –The term “ ‘quantitative method’ refers in large part to the
adoption of the natural science experiments as the model of scientific research, its key
features being quantitative measurement of the phenomena studied and systematic control of
the theoretical variables influencing those phenomena.” 13 An advantage of quantitative
research is that it allows the study of a large number of cases for certain aspects in a relatively
short time and its results have a high degree of generalizability.

Doctrinal & Empirical Research Design – Legal researches can be classified on the basis of
nature of data intended to be used in research. This classification can be made doctrinal and
empirical research methods. Every method has their own advantages and disadvantages.
What method ought to be used? It depends on the aims of the study and the nature of the
phenomenon.

Doctrinal Research: Doctrinal research aims to systematize, rectify and clarify the question
or problem on any particular topic relating to law by a distinctive mode of analysis to
authoritative texts that consists of primary and secondary sources. Doctrinal research is
known as library based research focusing on a reading and analysis of the primary data (such

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as the legislation and case law) and secondary data (such as legal glossaries, text books,
journals, articles, case digests and legal encyclopedias) are regarded as the most accepted
research paradigm. When reviewing a number of textbooks on legal research the bulk of their
contents are concerned with identifying and analyzing factual material and legal issues.14
The main assumption of using data from ‘authoritative text’ is that the character of legal
scholarship is derived from law itself.15 Nature of data admitted for doctrinal research is
always in text form.

Empirical Research: Empirical research is also known as Non-doctrinal research and Socio-
legal research. In socio-legal studies, the researcher has to study law with interdisciplinary
approach. Understanding of social facts cannot be developing without investigation of real
social condition. Traditional concept of studying legal principles within the authoritative text
and informative sources has no significance in studying social variables. Researcher is
required to observe and analyze the social phenomenon by using significant tools of data
collection. In empirical research sources of data can come from a wide range of sources
including surveys, observation method, questionnaire and interview schedules etc.

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 CHAPTER-5

NEED & IMPORTANCE OF RESEARCH DESIGN

The importance of good research design is needed because it facilitates the smooth sailing of
the various research operations, thereby making research as efficient as possible yielding
maximal information with minimal expenditure of effort, time and money. Just as for better,
economical and attractive construction of a house, we need a blueprint (or what is commonly
called the map of the house) well thought out and prepared by an expert architect, similarly
we need a research design or a plan in advance of data collection and analysis for our
research project. Research design stands for advance planning of the methods to be adopted
for collecting the relevant data and the techniques to be used in their analysis, keeping in
view the objective of the research and the availability of staff, time and money. Preparation
of the research design should be done with great care as any error in it may upset the entire
project2. Research design, in fact, has a great bearing on the reliability of the results arrived at
and as such constitutes the firm foundation of the entire edifice of the research work. Even
then the need for a well thought out research design is at times not realised by many. The
importance which this problem deserves is not given to it. As a result, many researches do not
serve the purpose for which they are undertaken. In fact, they may even give misleading
conclusions. Thoughtlessness in designing the research project may result in rendering the
research exercise futile. It is, therefore, imperative that an efficient and appropriate design
must be prepared before starting research operations. The design helps the researcher to
organize his ideas in a form whereby it will be possible for him to look for flaws and
inadequacies. Such a design can even be given to others for their comments and critical
evaluation. In the absence of such a course of action, it will be difficult for the critic to
provide a comprehensive review of the proposed study.

Researcher needs to consider all necessary precautions when preparing the design, as any
error may upset the whole project. The reliability of result, which a researcher is looking, is
proportional with design that constitutes a firm foundation of entire body of research work.

The research design serves several purposes. First, it suggests the necessary observations you
need to make to provide answers to the research question. It outlines the ways you should
2
Dworkin, Ronald. “Legal Research.” Daedalus, vol. 102, no. 2, 1973, pp. 53–64. JSTOR, JSTOR,
www.jstor.org/stable/20024127.

18
make your observations. Second, the research design identifies the analytical and statistical
procedures you will need to use when analysing the data. A major purpose of research is to
establish that the independent and dependent variables are causally related. The research
design consists of four components necessary to establish this purpose: comparison,
manipulation, control, and the ability to generalize findings (Frankfort-Nachmias and
Nachmias 2000, 88). As we discuss in later chapters, the research design also specifies a
model you can use to test the validity and significance of the statistical relationships.

The importance of research design in research methodology is due to the following:

 It may result in the preferred kind of study with helpful conclusion.
 It cuts down on inaccuracy.
 Allows you get optimum efficiency and reliability.
 Reduce wastage of time.
 Reduce uncertainty, confusion and practical haphazard related to any research
problem.
 Of great help for collection of research material and testing of hypothesis.
 It is a guide for giving research the right path.
 Gets rid of bias and marginal errors.
 Provides an idea concerning the type of resources needed in terms of money, effort,
time, and manpower.
 Smooth & efficient sailing (sets boundaries & helps prevent blind search)
 Maximizes reliability of results.
 Provides firm foundation to the endeavour.
 Averts misleading conclusions & thoughtless useless exercise.
 Provides opportunity to anticipate flaws & inadequacies (anticipates problems).
 Incorporates by learning from other people’s critical comments & evaluations.

CHAPTER-6

19
 SIGNIFICANCE OF RESEARCH DESIGN IN RESEARCH
TECHNOLOGY

Research design is significant simply because it allows for the smooth sailing of the various
research operations, thus making research as efficient as possible producing maximum
information with nominal expenses of effort, time and money.

Just as for better, economical and attractive construction of a home, we require a blueprint (or
what is typically known as the map of the home) well planned and prepared by an expert
architect, in the same way we require a design or a plan in advance of data collection and
analysis for our research study. It means advance planning of the techniques to be
implemented for accumulating the appropriate data and the strategies to be employed in their
analysis, keeping in view the purpose of the research and the availability of staff, time and
money.

Preparation of the design must be carried out meticulously as any error in it may upset the
complete project. Research design, actually, has a great significance and impact on the
reliability of the results achieved and as such constitutes the firm base of the entire edifice of
the research work.

Even then the necessity for a well-planned design is at times not realized by many people.
The significance which this problem warrants is not given to it. Because of this, many
researches do not serve the purpose for which they are undertaken. The truth is, they may
even provide misleading conclusions.

Thoughtlessness in developing the research project may lead to rendering the research
exercise futile. It is, for that reason, crucial that an efficient and appropriate design should be
prepared before beginning research operations.

The design assists the researcher to organize his ideas in a form whereby it will be possible
for him to watch out for flaws and inadequacies. This type of design can also be given to
others for their comments and critical evaluation.

ESSENTIAL LAWYERING SKILL

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The ability to conduct legal research is essential for lawyers, regardless of area or type of
practice. The most basic step in legal research is to find the leading case governing the issues
in question. As most researchers know, this is far more difficult than it sounds.

Often the issues are not correctly identified, or some issues are missed altogether. Issue
identification is crucial for effective research.

The law is constantly changing. Recent decisions of the Supreme Court of Canada clearly
show the fluidity of legal doctrine. Even where there is a recent decision of the Supreme
Court of Canada, split decisions of the court make it difficult to determine how the next case
will be decided.

In many areas there are conflicting decisions, or no binding authority. You must then research
the law of other jurisdictions, and apply creative analysis to the existing case law or create an
argument based on first principles.

COMPLEXITIES IN MODERN LEGAL RESEARCH

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Although we have more tools for conducting legal research than our predecessors, the
research task has become harder rather than easier. There are more bases to cover.

 Computer research has introduced the need to be completely current, and to develop
new skill sets.
 There has been a dramatic increase in the volume of case law and statutory material.
 Secondary sources have grown exponentially.
 The law of other jurisdictions must often be researched.

The days when counsel could be reasonably sure they knew the law without having to look it
up has long passed.

In order to cover this large volume of material, you need to conduct efficient and effective
legal research. The key to this is developing a research strategy, and following good research
methodology. The more familiar you are with the resources available, the faster you can
develop your strategy, and the more effective it will be.

STANDARD OF LEGAL RESEARCH

The courts have set the standards they expect of counsel appearing before them. In Lougheed
Enterprises Ltd v. Armbruster (1992), 63 B.C.L.R. (2d) 316 (C.A.) the court held that counsel
has a duty to be aware of all cases on point decided within the judicial hierarchy of British
Columbia, and to refer the court to any on which the case might turn. The court noted that
“on point” does not mean cases whose resemblance to the case at bar is in the facts. It means
cases which decide the same point of law. You may think you can justify not referring to a
binding decision because it is distinguishable on its facts. However, such a determination is
for the court to make: not counsel.

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FACTORS AFFECTING RESEARCH DESIGN

 First, what is the purpose of your investigation? Is it to explore and describe some
political phenomenon? Do you also want to explain what you have discovered? Or do
you want to pursue both purposes?
 Second, what resources do you have for your research? Are the necessary data readily
available? Are you impeded by time limitations such as the constraints you face when
trying to complete a term paper within a school semester? Do you have financial
limitations? Is a control group available? Frequently it is expensive to produce
hundreds of questionnaires and travel to data sources. Often you will need to find
ways to compensate for resource limitations without unduly detracting from your
research endeavour.
 Third, there are threats to the internal and external validity of your research findings.
Some of the designs we cover are stronger in internal validity, while others enhance
the external validity of your study.
 Last, you need to remember our discussion about ethics and research. The privacy of
your subjects is foremost. They place their faith in you when they agree to be a part of
your research. Do not violate their privacy or their trust.

As you can see, there are several factors that affect the type of research design you use.
Often, they limit your choices to less than the ideal. As a result, your conclusions may be
limited and somewhat imperfect.

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 CHAPTER-7

CONCLUSION

It is obvious to elucidate that ‘Legal Research’ plays very vital role in the enactment ofnew
statutes meant for Socio-Legal development and enforcement and refining the society from
all the social evils. Legal research, in fact, paves way for the students of law, the scholars,
who involve and dedicate their part in the development of new ideas and concepts for their
vital support to the legislators to acquaint with and then to enact them as new law for the
betterment of the society and the Nation as a whole. Through the intensive study made on the
subject, I am of the firm view that the instant presentation would become a little source in
enlightening the study and frame work on legal research and the New Generation to meet the
new golden era in law. A research design is the set of methods and procedures used in
collecting and analysing measures of the variables specified in the research problem research.
The design of a study defines the study type (descriptive, correlation, semi-experimental,
experimental, review, meta-analytic) and sub-type (e.g., descriptive-longitudinal case study),
research problem, hypotheses, independent and dependent variables, experimental design,
and, if applicable, data collection methods and a statistical analysis plan. A research design is
a framework that has been created to find answers to research questions. Research design
offers the investigator an opportunity to carry out different research operations efficiently.

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 BIBLIOGRAPHY

 Legal Education and Research Methodology by Dr. Mono Purohit, Central Law
Publications

 P.M. Bakshi, Legal Research and Law Reform, ILI, First Reprint 2006

 https://indianjudiciarynotes.com/notes/legal-research-methodology/research-design-
notes/

 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1600771

 https://www.questionpro.com/blog/research-design/

 www.e- PG Pathshala.com

 www.jstor.org

 www.lexisnexis.com

 Legal Research Methodology by Dr. S.R. Myneni,

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