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Al-meenlaw college

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Model Answer Elements Of Research

1. What is law? Distinguish between civil and criminal law?

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Introduction

The most important fact of social life is the inter dependence of men. It is true

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that a man is a social animal; for him therefore have had a sense of social

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concern. Because of this social concern there should be a close relationship
between a human being and that of the rules of law. Law for that matter lays a
strong basis for social justice. The law for that matters is a rules of action to

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which men are obliged to make their behaviour conformable, a command
enforced by sanction to acts or forbearances. However mere existence of law

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and sanction proved to be insufficient or ineffective unless there is a feeling of
social bondage. At the same time, the need of will power to enforce the law to
achieve its end.
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Law is a cement of society and also an essential medium of change. Society
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always moves very fast with certain changes of style, taste, behaviour,
character, conduct, liking, disliking etc. law acts as a central exile in a wheel to
regulate the social taste with in a confirmed social tie.
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Meaning
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What is law
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The three lettered word which rules the world – LAW. It has numerous
branches and its contents vary from one part of the world to the other. It varies
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according to the area and the specifications of the concerned area. The term law
is derived from the old teutonic LAG which means something which is fixed or
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even. In general, it is a rule of being or conduct established by an authority able


to enforce its will; a controlling regulation or order according to which an agent
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or power acts. Law is an english word. Its corresponding word in the Hindu
system is Dharm, in Islam is hokum, in French is droit and in German is recht.
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Law refers to a particular collection of institutions and practices which vary


from country to country and also in each country, once time.
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Definition of law
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It is very difficult to give a precise definition of law because law attracts
different variable in a society. Hence though several jurists tried to define law

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right from the beginning, but no unanimity has so far been reached. Some have
defined it from the point of view of its use, its origin, as to how it exists and as

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to how pronounce it.

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The definition of law has posed problem for the jurists for long, but till now,
they have reached no uniform opinion. Some have defined it from the point of

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view of its origin, some from the point of view of its use, some from the point

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of view as to how courts pronounce it and some as to how it exists.

Law is a rule of action to which men are obliged to make their conduct

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conformable, a command enforced by some sanction to act or forbear.

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Law as defined by various jurists
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1. Austin: Law is a command which obliges a person or persons to a course
of conduct.
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2. Pound: Law is the body of principles recognized or enforced by public
and regular tribunals in the administration of justice.
3. Green : law is the system of rights and obligations which the state
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enforces.
4. Salmond: Law is the body of principles and applied by the state in the
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administration of justice, as the rules recognized and acted on by the


courts of justice. Law is not right along or might alone but a perfect
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combination of the two.


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5. Gray:- The law of the state or of any recognized body of men is


composed of the rules which the courts, judicial organs of that body law
down for the determination of legal rights and duties.
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6. Savigny:- Law is a product of the people’s life… it is the manifestation of


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its spirit, the nature of system of law was a reflection of the spirit of
people who evolved it.
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7. Roscoe pound :- The law is an ordering of conduct so as to make the


goods of existence and the means of satisfying claim go round as far as
possible with the least friction and waste.
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Classification of law
The classification of law is a very difficult task. However it is necessary to have
a full view of it. A great caution is required while classifying the law, so as to

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avoid the missing of any system of law. Mainly there are two systems are civil
and criminal law

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1. Imperative law
A law says Austin is a command which obliges a person or persons to a
course of conduct. Imperative law means a rule, which prescribes a

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general course imposed by some authority, which enforces it by superior

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power, either by physical force or any other form of compulsion. In this
context the laws of the land that is civil and criminal laws have the
quality of law as is stated by Austin.

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a. Civil law :- It means the law of the state, the law of the land, the law
of the lawyers, and law courts. This name is derived from Jus Civile of

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the Roman. The civil law is truly speaking the law of the land. Thus it

administration of justice. LA
is the body of the principles recognized and applied by the state in the

b. Criminal law:- According to Black stones civil injuries and private


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wrongs are concern individual, while crimes and public wrongs are
concern the state. The private wrongs or civil injuries are an
infringement or deprivation of civil rights which belongs to
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individuals concerned merely as individuals; public wrongs and


crimes and misdemeanors are a breach and violation of the public
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rights and duties due to the whole community considered as a


community in its social aggregate capacity. Criminals are the methods
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or the machinery by which the social control is seeked into, whereas


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civil law aims to control individuals.

In Halsbury’s laws of England crime is defined as an unlawful act or


default, which is an offence against the public and renders the person
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guilty of the act or default liable to legal punishment. While a crime is


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often also any injury to a private person, who has a remedy in a civil
action it is an act of default contrary to the order, peace and well being
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of society that a crime is punishable by the state.

Therefore crime is a breach of public trust, the sanction of which is


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punishment at the discretion of the sovereign acting according to law.


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A civil injury or tort may be defined as a breach of duty affecting


private individuals, not arising out of , trust or contract. The sanction
of which is compensation at the discretion of the party, whose right
has been infringed. A crime is an act which is deemed by law to be

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harmful to the society in general, even though its immediate effect is
on an individual.

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The outcome of the successful civil proceedings result in adjustment
for damages, or a penalty or a specific performance etc. while criminal
proceedings, when successful result in one of number of punishment

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ranging from a fine to hanging.

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The punishments are looked at from two different aspects. We can
regard it as a method of protecting society by reducing the occurrence

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of criminal behaviour or else we consider it as an end it itself.
Punishment can protect society by deterring potential offenders, by

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preventing the actual offenders from committing further offences and
by reforming and by turning him into a law-abiding citizen.
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2. Laws of positive morality
Under this title the laws of a kind, which are recognized as divine or
natural law which consists of positive mortality. This type of divine
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natural law was considered so sacred at one time that if any of the
manmade rules was repugnant to the natural law, it was considered void.
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Again it is based on natural justice and equity.

a. Natural or moral law:- The central theme of natural law is that there
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exists objective moral principles which depended on the essential


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nature of the universe and which can be discovered by natural reason


and that ordinary human law is only truly law in so far as it confirms
to these principles. The principles of natural law are ascertained by
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reason and common sense, in contrast to this, the principles of


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imperative law are found in constitutions, codes, statutes etc.


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By natural law or moral law is meant the ordinary common sense


principles of right and wrong as understood and applied by common
man and woman. Justice indicates all forms of rightful actions. Natural
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justice is an ideal justice, in contrast to positive justice. Since it is the


devine law, the command of god is imposed upon men. Hence its is
also known as ideal of devine perfect justice.

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b. Law of nations or International law:- International law is the body

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of legal rules, which applies between sovereign states and such other

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entities as have been granted international personality. It is the
aggregate of rules to which nations have agreed to confirm in their

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conduct towards one another.
International law is generally divided into two types

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• Public International law:- Public International law is the body
of those rules which are uniform and universal (they apply to all

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the nations equally) in their application.
• Private International law:- It consists of those rules which are

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operative only between two or more nations due to their having
agreed to them.
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The law of nations may be classified further under different titles.
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They are-
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i. Law of peace
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ii. Private international law


iii. Law of the sea
iv. Laws of air space and outer space
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v. Law of warfare
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vi. Law of diplomacy


vii. Law of treaty
c. Conventional law :- It means those rules or set of rules which are the
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outcome of an agreement between persons or group of persons,


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through these rules people regulate their conduct towards each other,
e.g. International law.
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d. Customary law:- it means those rules and principles which have been
observed in a particular community in actual practice for a long time,
i.e., time immemorial, i.e., where the memory of man runneth not to
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the contrary. For those who observe them, they are law. They come
into existence due to various reasons.
3. Law of formulae:- these are rules in the form of forumulas to solve a
given problem. It has no legal status but without which a scientist or

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mathematician could not get a solution. Hence, it is a law of solution
rather than a law in its literal sense.

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a. Physical or scientific laws:- Those are the laws relating to property

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consists in itself some forces of nature, examples are the law of
gravitation, the law of tides, laws of chemical, combination etc. in all

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cases we find the law in the form of formula.
b. Practical or technical law: These are the rules observed for the

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attainment of some practical purposes and may be termed practical or
technical laws. Examples are the law of health, the laws of musical or

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poetical compositions, the laws of architecture and the rules of any art or
business.

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4. Public and private laws
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a. Private law :- has broadly defined in common law systems as the kind of
law that involves relationships between individuals. It governs those
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relationships in which people interact under a private capacity. People


here, should be understood as natural, as well as artificial persons (eg.
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Companies). Thus, in judicial terms, it deals with the settling the disputes
between these private individuals. The state’s role in terms private laws is
only in terms of identifying and enforcing the laws. The areas of law that
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the category of private laws would cover are


i. Law of contract
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ii. Law of tort


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iii. Law of property


iv. Law of succession
v. Family law
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b. Public law :- on the other hand is understood to deal with relationships


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between people and the state. It also deals with how the state is organized
and functions, thus determining the legitimacy, scope and extent of its
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actions. Public order, along with other concepts such as welfare and
regulation are some of the ideas that they address. The state therefore,
plays and forms a large part of the subject of these laws, with it having to
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obey and abide by the same. The broad categories that public laws seem
to include are:
i. Constitutional law
ii. Administrative law

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iii. Criminal law
iv. Municipal law

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v. International law

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vi. Criminal law

Thus, in general terms, public law is seen to regulate state-individual

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relationship, while private law is seen to regulate the relationships between

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individuals. There are often, large overlaps between these two spheres,
especially when it comes to international law where the policies of nations and
private actions interact closely.

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5. Substantive law and procedure law

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a. Substantive law :- are concerned with the ends, which the administration
of justice seeks. Thus the substantive law determines what facts constitute
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a wrong. The substantive law therefore deals with the subject- matter of
litigation. The substantive law defines remedies and rights. It also defines
the responsibility of persons in case of a commission of wrong or
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omission of duty. It therefore lays down both standard of conduct, that


what one ought follow also prescribe remedy or punishment for such
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violation.
b. Procedural law:- governs the process of litigation. It is the law of action
, using the term action in a wider sense to include all legal proceedings,
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civil or criminal. Procedural law deals with the means and instruments by
which the end of justice are to be attained. Therefore these are the
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procedures prescribed to be followed in case of a matter referred to the


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court of law.
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Hierarchy of civil courts in England


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House of lords
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Court of appeal ( civil division )


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High court ( which is divided into)

1. Queens bench division :- contract and tort etc, commercial court and

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admiralty court

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2. Chancery division :- equity and trusts, contentious probate, tax
partnerships, bankruptcy and companies court, patents court

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3. Family divison
4. County courts:- Majority of civil litigation subject to nature of the claim

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Hierarchy of criminal courts in England

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House of lords

Courts of appeal
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1. Crown court :- Trials of indictable offences, appeals from magistrates


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courts, cases for sentence.


2. Divisional court of High court :- appeals from the county courts on
bankruptcy and land.
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3. Magistrates court:- Trials of summary offences, committals to the crown


court, family proceedings courts and youth courts.
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The classification of civil wrong


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1. Breach of contract:- if persons enter into an agreement and any one may
fails to perform their part of the obligation under such an agreement will
result in breach of contract. A contract may be everywhere, where a
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person agrees to construct a house or so or buy something or engage a tax


or to do a work, dance and so on. When the party fails perform any of
these, there may be a breach of contract.

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2. Tort:- a wrong such as assault, false imprisonment, battery, conversion,
trespass, defamation of character negligence and nuisance and so on. It is

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civil wrong.

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3. Breach of trust :- A trust is not a mere obligation of honour, as the word
may seem to suggest, it is an obligation enforced by the courts.

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Hierarchy Of Courts And Its Jurisdiction

India has mono-lithic court system unlike American model of dual court system

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i.e federal and state. The judiciary in all the states in India has practically the
same structure with variations is designations. The designations of courts are

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derived principally from code of civil procedure code 1908 and the code of

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criminal procedure 1973 further embellished by local statutes. These statutes
also provide for their functions and jurisdiction. At the top of the judicial system
is the supreme court followed by High court at the state level. There are about
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21 High courts in the country and at the district level there are subordinate
court.
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1. Supreme court :- (apex court)

Supreme court is the apex court of India was established on 28th January
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1950, under article 124(1) of the constitution. It says there shall be a supreme
court of India consisting of a chief justice of India and until parliament by law
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prescribed a larger number of not more than 7 judges. The number of judges
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now is raised to 25. The supreme court jurisdiction is remarkably broad. It has
exclusive jurisdiction in disputes between the union and a state and between one
state and another state or state exclusive jurisdiction with respect to matters
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arising out of territories of India, jurisdiction in respect to such other matters in


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the competence of the union as the parliament may prescribe writ jurisdiction
under article 32 of constitution, special jurisdiction to decide disputes relating to
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the election of president and vice-president of India. The supreme court is also
the highest appellate authority and its decision is final.

2. High court :- The highest court in a state is the High court constituted
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under article 214 of the constitutions which reads there shall be a High
court for each state. Each high court comprises of a chief justice and such
other judges as president appoints from time to time. The high court has
original as well as appellate jurisdiction. Each High court is a court of

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record the power to determine questions about its own jurisdiction and
the power to punish for contempt of itself. Other the supreme court high

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court is also vested the power to interpret constitution.

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3. Subordinate judiciary :- subordinate courts represent the first tier of the
entire judicial structure. As a general rule, civil cases are dealt with one

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set of hierarchy of courts known as civil courts and criminal courts by
another known as criminal courts.

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4. Criminal courts : Every state is divided into a sessions divisions and
every session division into district. The state government in consultation

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with the High court alters the limits/numbers of such division and
districts. There is only one court of sessions for every sessions division.

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In every district following courts of judicial magistrate are constituted
chief judicial magistrate, additional judicial magistrate, sub- divisional

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judicial magistrate, judicial magistrate of the 1st class, 2nd class and
special judicial magistrate. In metropolitan area (whose population
exceeds 1 million) at the lower level. The courts of metropolitan
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magistrate are established.


5. Civil courts :- each state is divided into districts as units of
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administration and each district is further divided into taluks or tehsils


comprising certain villages. Ordinarily, a court of musif/ district munsif-
cum-magistrate/ civil judge(junior division)/ subordinate judge, classII
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and sub-judge class II is set up at a taluk or tehsil level.


Immediately above the district munsifs court is the hierarchy is the court
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of subordinate civil judge, class-I whose jurisdiction so far as money


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matters are concerned is unlimited in most cases. The next set of courts
vertically moving upwards are described as courts of district which
includes courts of additional judge, joint judge. The court of district is the
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principal court of original jurisdiction.


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Conclusion

Law is an instrument of social change. It must keep pace with a progressive


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modern society. Living in the present times is a more complicated process than
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what it was in the times of our forefathers. The problems of today cannot be
solved by the method or tools known to them. The tool of research will have to
be altered to cope up with present problems. Law is an integral of part of the
social processes. It aims at organizing society in an orderly manner. A legal

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facts set into motion action and inaction in various areas and generally in
society; it also affects other co-exiting sub-systems and thereby the social

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sytem.

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2. What is ratio decidendi? Explain the doctrine with reference to
Wilkinson v/s dowton’s case.

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Introduction

Case law technique is the following of previous decisions by the courts


while deciding the present case in the hands of such courts. This is known

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as doctrine of precedent. This based on one of the basic principles of the
administration of justice,ie., like cases should be decided alike. The

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principle follows the maxim, stare decisiset non quietamovere (to stand

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by precedent and not to disturb what is settled) has been a well known
system in all the courts. This doctrine is followed to maintain stability
and certainty in the law. A precedent is primarily a case law which serves
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as an authority for deciding a similar case. Every court is bound to follow
any case decided by a court above it in the hierarchy. According to article
141 of Indian constitution the decisions of the supreme court and High
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court are binding on all other subordinate courts.


Everything said by a judge may not make law. Decisions on pure
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question of fact do not create precedent. Whereas decisions involve pure


question of law makes precedent.
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Meaning Of Ratio Decidendi


The only thing in a judge’s decision binding as an authority upon a
subsequent judge is the principle upon which case was decided. That
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which binds is called its ratio decidendi which means literally is the
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reason of decision which is also known as the principle evolved in a case.


Ratio decidendi is the principle, which is to be distinguished from obiter
dicta. Ratio decidendi is the binding part of the decision whereas an
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obiter dictum is a statement made by a judge in the course of his


judgment,which may not be precisely relevant to the issue before him.
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Ratio means reason or principle and decidendi means decision. Therefore


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ratio decidendi means reason or principle to decide a case. Whereas obiter


means round, dicta means statement made in a judgement. Therefore,
obiter dictum means it is a statement made in and around the judgement
is not binding to the subordinate courts.

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The ratio decidendi of a case can be defined as the material facts of the
case plus the decision thereon. Now let us imagine that suppose in a

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particular case, facts A,B,and C exists, and suppose that the court finds

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that facts B and C are material fact and A is immaterial and Then reaches
conclusion X. Then the doctrine of precedent enables us to say that in any

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future case in which facts B and C exist, or in a future case facts A,B,C
and D exist, and fact D is held to be material, the first case will not be a

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direct authority, though may be of value as an analogy.

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The doctrine with reference to Wilkinson v/s downtown

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In Wilkinson v/s Downton, the plaintiff was awarded damages by a jury
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for nervous shock, and the trail judge then heard argument on the
questions whether the verdict could be upheld in law.
To quote the judgement of Wright.J – In this case the defendant, in the
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execution off what he seems to have regarded as a practical joke,


represented to the plaintiff that he was charged by her husband with a
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message to her to the effect that her husband was smashed up in an


accident, and was lying at the Elms of Leytonstone with both legs broken
and that she was to go at once in a cab with two pillows to fetch him
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home. All this was false. The effect of the statement on the plaintiff was a
violent shock to her nervous system, producing- vomiting and other
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serious and permanent physical consequences at one time threatening her


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reason and entailing weeks of suffering and incapacity to her as well as


expense to her husband for medical attendance. These consequences were
not in any way the result of previous ill-health or weakness of
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constitution; nor were there any evidence of predisposition to nervous


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shock or any other idiosyncrasy.


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In addition to this a claim for railway fares of persons set by the plaintiff
to Leytonstone.
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Now the question as to how the ratio decidendi is to be extracted


depending upon the material facts plus the decision on the facts. For this
case the defendant makes a joke to the plaintiff (which is lie) that her
husband had been smashed up in an accident.

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The plaintiff, who had previously been of normal health, suffered a shock

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and serious illness. Wright.J. held that the defendant was liable, not

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perhaps for the tort of deceit but because the defendant had willfully done
an act calculated to cause physical harm to the plaintiff, and had in fact

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caused such harm. The other facts like the address at which the plaintiff
lived, where the accident took place etc immaterial to the judgement. But,

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where the defendant has willfully told the plaintiff a lie of a character that
is likely to frighten and so cause physical harm to the plaintiff, and it has

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in fact caused such harm, the defendant is liable. This ratio omits to
specify the particular lie told by the defendant, because this was

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immaterial. What mattered was not the particular lie as to plaintiff’s
husband’s alleged injury, but the more general fact of lying. The

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particular lie told by the defendant was material only in the sense that it
was the son of lie was likely to frighten and cause physical harm to the
plaintiff.
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But learned judge did not confine his judgement to lies, but spoke only of
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willfully doing an act, which is calculated to and thus cause physical


harm; and this gives us the true ratio.
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The judge is silent of fright when he propounds the principle of his


decision. He spoke of causing physical harm which is much wider. Judge
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in this case has formulated principle of common sense by ignoring the


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fact that the defendant tell lie and create a fright on the plaintiff. These
are not the ratio of the case. But when we go deeper and deeper into the
case by a process of abstraction we would get the ratio decidendi of a
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case. Abstraction is the mental operation of picking out certain qualities


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and relations from the facts of experience. Thus a rule that it is a tort to
tell a lie that is likely to and cause fright and consequent physical harm is
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narrow rule, belonging to a low level of abstraction from the facts of the
particular case in which it was laid down; leave out the reference to
fright, and it becomes wider, replace tell a lie by any act with intent to
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affect the plaintiff in body or mind and it become wider still. It is the last
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rule that is the ratio decidendi of Wilkinson v/s Downton. By the process
of abstraction one may eliminate certain facts except the fact of the doing
of an act that is intended to affect the plaintiff adversely and is likely to

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cause physical harm, and the fact of the occurrence of such harm.
Therefore the finding of a ratio decidendi is not an automatic process, it

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calls for lawyerly skill and knowledge.

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Conclusion

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Radio decidendi shall be decided by the judges or lawyers. It shall be decided
based on material fact. To conclude above mentioned ratio decidendi is one of

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the important for case law technique.

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3. Explain how a student is benefitted by lecture classes and text books.

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Introduction

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Method is the way of doing something. Methodology is science or study of
particular subject. The concept of the research methodology is much wider.
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Research methodology is a systematized investigation to gain new knowledge
about the phenomena or problems. Methodology includes the philosophy and
practice of the whole research process.
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Techniques for collecting data are referred to as method while the logic
applying the scientific perspective to the study of events is termed methodology.
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Various methods constitute only a part of methodology.


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The methodology is closed related to theory approach perspective or paradigm.


Both theory and methodology remain closely related to each other to all stages
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of research.

Methodology is a science and philosophy of methods. But methods are


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understood in a different manner dealing with whole process of inquiry.


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Definition
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1. Dickinson McGraw and George Watson define methodology as the


procedure by which researchers go about their work of describing
explaining and predicting phenomena.
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2. Kaplan defines methodology as a study description the explanation and
the justification of methods and the methods themselves

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3. Paul Diesing says that the term method or mode of procedure implies

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the whole series of subject that a researcher follows in the process of

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making a contribution in the field of knowledge.

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Research Methodology Of Legal Studies

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Legal phenomena require their own research methodology. Such research
methodology may be applicable to subjects of international or municipal laws,

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evaluation of acts of different countries, implementation and consequences of
codes and acts of different nations. Many statistical techniques and methods

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cannot automatically be considered as useful in legal studies simply because
they have proved useful in other description.
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The nature of legal issues and the subject matter of law is radically different
from other sciences. Therefore, the content of the propositions and explanations
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is also different. The methodology of legal studies involves their own rules,
interpretations and criteria for admissible explantions as well as research
designs, data- collecting techniques and data- processing routines. Legal studies
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lack the appropriate methods, tools and techniques suitable for the legal issues.
In most of the legal investigations, qualitative data has to be analysed. Hence,
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this separate study of legal methodology is taken up. .

Legal Research
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The systematic investigation of problems and of matters concerned with law


such as codes, acts, constitutions etc. is legal research. Judges, lawyers, law
commissions and researchers constantly do research in law. They do make
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systematic research into the social, political and other fact conditions which
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give rise to the individual rules.

Legal researchers do make systematic research into facts of social, political and
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economic conditions which give rise to the individual rules, acts or codes. They
also examine the socio-legal and other effects of those acts or rules. A research
of this kind is called Fact Research in Law. Research may be pursued to obtain
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better knowledge and understanding of any problem of legal institutions in


society legal doctrines, legal philosophy, legal history, comparative study of law
or any system of positive law – International or Municipal.

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Text Books

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A text book is one of the method of study. The foremost important aim is to

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make himself lawyer. The important aim is to pass law examination with credit.
One must study cases either original law reports or case books. It is through

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applying oneself to cases and one gets to understand how legal problems present
themselves and legal arguments is conducted.

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There is one difference preparation of practice and preparation for examination.
For the practicing lawyer having a large field of what Pollock called potential

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knowledge is more important than having a small amount of actual knowledge
of practice and procedure, an ability to argue and a general knowledge of where

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find the law he wants. On the other hand, one must not only know how to argue

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and be able to display a first -hand knowledge of the sources; one must be able
to parrot a considerable number of rules and authorities.
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There is another observation to be made learning of law through the medium of
text books. It is an observation that everyone inured to learning has already
made for himself, but if it perhaps worth putting on paper for the sake of those
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whose acquaintance with this discipline has hitherto been slight. The more
often a book is read, the easier and quicker it is read and more it repays the
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reading. For example when a book on an unfamiliar subject is read for first
time it is rather heavy going and one seems not to remember very much of it.
The second reading is both easier and more interesting and more is
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remembered. Many people take their examination at this point. Had they had
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the perseverance to read through the book at third, fourth and fifth time, they
would have found that each successive reading came more easily and that the
residue left in this mind each time went up in geometrical progression.
N
EE

While on the subject of memory work it is worth pointing our that learning by
heart is best performed in short periods distributed over a long time as possible.
AM

For example it is a better devote one hour a day to revision than six hours at
stretch once a week.

Learning can be increased in strength by sleep or rest period. It seems, therefore


-
AL

that more learning can be accomplished in say three hours by taking a ten
minute rest period in the middle than by working continuously. Also,
overlearning delays forgetting. If, therefore chapter of a book at night, try to
read it again first thing in the morning, even though you feel you know it.

RE
Learning is best done by reading a paragraph or page or similar convenient

O
amount and immediately reciting the gist of it: it has been found better to recite

AL
aloud than to perform the recall in the head. If you find that you cannot
remember the passage properly, read it again and then try another recall. The
longer the passage that you set yourself for recall the better; in other words read

G
as much at a time as you will be able to reproduce at the next recall.

AN
Heavy footnotes to a book are sometimes distracting, and it is then a good plan
to read the book through a first time without looking at the footnotes.

,B
Lectures and classes

W
Lectures may be said to possess several merits as a means of instruction. To
listen to a competent lecturer makes a welcome change from the reading of
LA
books. The lecturer too can help his audience by giving the basis and essentials
of the subject elucidating the broad principles and indicating what is matter of
OF
detail. He can dwell on the parts of the subject that in his experience cause
special difficulties. Finally, the lecturer can bring textbooks up date and in a
smallish class he can solve individual difficulties.
GE

Some lectures regard it as their sole function to stimulate and inspire they do not
particularly want notes to be taken. Either concentrate on the lecture and rely
LE

upon your books for acquisition of facts or form the habit of taking notes and at
the same time of following the line of argument.
L

Considerably more important than the average lecture is the discussion class,
CO

generally called a class, supervision or tutorial. And of discussion classes, the


most benefical are those in which the discussion is centred on legal problems.
With regard to these classes my injunctions are limited to two; first attend them,
N

and secondly, prepare for them by attempting to work out the problems for
EE

yourself before the class. The larger class, the less likely it is that you will be
pressed to speak, and the more important it is that you should speak in order to
AM

cultivate self-possession and to get used to the sound of your own voice in
public.
-

Conclusion
AL
To conclude above mentioned method of study is important to lecturer and
class.

O RE
4.What is interpretation of statutes? Explain the mischief rule of interpretation ?

AL
Introduction

G
The first method is for parliament to enact another act and make a new

AN
provision which conflicts with the original provision, either with or without
reference to it. Even if no reference is made to the earlier act under the rules of
statutory interpretation, later provision prevails. The second method is done the

,B
way that amendments are usually carried out. This is by specifically altering the
initial act usually with the word amendment somewhere in the title of the later

W
act, a later act the original act as the principal act and will proceed to identify
the part that needs to be changed.
LA
Laws are made by parliament in centre and by state assemblies in different
states. The legislative branch of the government makes the law. Legislators
OF
dream up the law. The legislative branch makes statutes and law from the
legislative branch is known as enactment. The legislative process by parliament
is laid down in Articles from 107 to 123 and legislative procedure in state
GE

assemblies is laid down in articles 196 to 213 in the constitution of India.


LE

If the bill is passed by majority vote, then it is sent to the president for assent. In
states, the bills passed by assemblies are sent to the governor of the state. After
the assent, it becomes an act from the date of publication in the official gazette
L
CO

Meaning of statute

Statues are the important source of law in modern times. The law which comes
N

into being through legislation is called enacted or statute law. Statutes are the
declarations of legal rules by a sovereign or subordinate legislators. Legislators
EE

can lay down rules purely for the future and without reference to any actual
dispute. Statute includes every expression of the will of legislature. In this way
AM

every act of parliament is an instance of legislation, irrespective altogether of its


purpose and effect. An act of parliament becomes a statute. An act of parliament
cannot be held void for unreasonableness or it seems upon any other ground
-
AL

except as against the spirit of the constitution of that country. Enacted law is the
statute law. Statutes can be amended or replaced or modified or abolished by the
parliament only according to the changed conditions. Enactment would qualify
as a statute having the force of law.

O RE
The statutes consist of the following parts in their body

AL
1. Title: All modern Acts have both a long and short title for example, the
short title of the Act no. 43 of 1958 is the trade and merchandise marks

G
act 1958. A long title of an act is a part of the act. The long title is used

AN
to resolve an ambiguity. It indicates the object of the act.
2. Chapters or parts: The Acts may be divided into chapters or parts. They
are numbered and titled. For example, The Copyright Act, 1957

,B
contained XV chapters. The headings prefixed to parts or chapters can be
referred to in construcing an act of the legislature. But they cannot control

W
the plain words of a statute.

LA
3. Preamble: The preamble is the preliminary part or chapter of the act. It
expresses the title, scope, object, extent, commencement and purpose of
the act. Commencement means the day on which the act comes into force,
OF
unless otherwise provided, the act comes into operation on the day. It
receives the assent by the president or governor of the state as the case
may be.
GE

4. Sections and sub- sections : The rules are explained in detail in section
or Articles and they are numbered. The sections may be sub-divided as
LE

sub- sections. The language is so used to plain, easy and clear to


understand the subject, it deals with.
L

5. Definitions: In common to define certain terms used in the statute at the


CO

beginning of the act. The function of a definition is to give precision and


certainty to a word which would otherwise be vague and uncertain. They
are arranged in alphabetical order to make it easy to find the meaning of a
N

particular form.
EE

6. Marginal notes: In some statutes, we find notes often printed at the side
margin of sections in an Act. Their aim is to summarise the effect of the
sections.
AM

7. Punctuation : The punctuation marks are used in statutes meaningfully.


They give a clear idea of the meaning of a particular word or part of
-

sentence and they can be used for the purposes of construction.


AL

8. Proviso: The function of a proviso is to except something out of the


enactment which but for the proviso would within the purview of the
enactment. The language of a proviso is normally to be construed in
relation to the subject-matter covered by a section to which the proviso is

RE
applied. If the enacting portion of a section is not clear, a proviso is added
to it to give an indication as to its true meaning. Proviso is further used to

O
remove special cases from the general enactment and provide for them

AL
specifically.
9. Explanation: An explanation is appended to a section to explain the

G
meaning of words contained in that section. Explanation is a part of the
enactment. It may also be added to include something within or to

AN
exclude something from the ambit of the main enactment. An explanation
should be so read as to clear up any ambiguity in the main section.

,B
10. Illustrations: Illustrations are added to a section and they form part of
the statute. They do not form part of the section. But they are of relevance

W
and value in the construction of the text of the section.

LA
Schedules: Schedules are added at the end of the text. They are part of the
statute. They contain details and forms for working out policy underlying the
sections of the statutes. The constitution of India contains 395 Articles in
OF
XXII parts and ten schedules.

Interpretation Of Statute – Meaning


GE

Statutes are the acts of law made deliberately in a set form by an authority
which the courts have accepted as competent to excerise that function. An act is
LE

the product of compromise and the interplay of many factors the result of which
is expressed in a set form of words. The task of interpreting a statute is to
L

ascertain the intention of parliament as can be gathered from the meaning of the
CO

words used.

Statutes seek to control the future by using broad terms of classes and
categories. These are man- made, and there are inevitably mistakes or omissions
N

so that a measure of discretion is imported into every decision as to whether a


EE

provision applies to the case in hand or not. Nor do words have proper meaning.
A word may bear the meaning put upon it by the user that understood by the
AM

recipient or the usual meaning. The method by which the courts ascertain the
meaning of the language of a statute is called the interpretation of enacted law
or statute. Interpretation is a creative function of the court. There is no single set
-
AL

of rules of statutory interpretation. Courts have laid down indeed not rigid rules,
but principles which have been found to afford some guidance when it is sought
to ascertain the intention of parliament.

RE
Lord Devlin “The law is what the judges say it is. If a legislation gives an Act

O
of parliament a meaning which no one else thought it could reasonably bear, it

AL
is their construction of the words used in preference to the words themselves
that would become the law. The process of ascertaining the meaning of the
letters and expressions by the courts is called interpretation.

G
AN
Referential Approach – Literal Or Plain Meaning Rule Or Grammatical
Interpretation

The rule to follow in interpretation is that the meaning of the legislator is to

,B
sought in the actual words used by him, which are to be understood in their
ordinary and natural meaning. If the words of the statute are in themselves

W
precise and unambiguous, then no more can be necessary than to explain the

LA
words in their natural and ordinary sense. In construing statutes, the
grammatical and ordinary sense of the words is to be adhered to unless that
would lead to some absurdity. The ordinary meaning of the words may be
OF
determined by looking into dictionaries and other technical works where that
particular word has been employed. The context in which a particular word has
been used should also be taken consideration. In case the meaning of a word has
GE

changed due to passage of time, the word should be taken to mean as to what it
meant when the statute is enacted.
LE

The literal interpretation confines itself to the words of law. If the words are
clear, the judges do not go to determine the idea behind them with the help of
L

parliamentary the debates, reports of the commission, policy of statute or any


CO

other extraneous source.

Mischief Rule
N

Statute are generally of indefinite duration and consideration of them in this


EE

way takes account of their changing functions and functioning. At the same
time words possess an inner core of agreed applications surrounded by a fringe
AM

of unsettled applications. The former indicates the general direction of


developments while manipulation occurs in the fringe area. Under these
circumstances, we no longer construe acts of parliament according ro their
-
AL

literal meaning. We construce them according to the policy and purpose behind
the statute. This is called the “Mischief Rule”.
InHeydon case in 1584, it was resolved by the Barons of the Exchequer that for
sure and true interpretation of all statutes in general.

RE
The four things are to be discerned and considered

O
1. What was the common law before the making of the Act

AL
2. What was the mischief and defect for which the common law did for
provide

G
3. What namely the parliament hath resolved and appointed to cure the
disease of the commonwealth and

AN
4. The true reason of the remedy

And then the office of all judges is always to make such constitution as shall

,B
suppress the mischief, and advance the remedy and to suppress subtle
inventions and evasions for continuance of the mischief and pro private

W
commando and to add force and life to the cure and remedy according to the
true intent of the makers of the Act.
LA
This approach is used in the following types of situations
OF
1. This mischief rule is sometimes invoked in support of a literal
interpretation treaties
2. It has been used in interpreting statutes giving effect to international
GE

treaties
3. The decisions whether mensrea is an ingredient of a statutory offence
LE

seems to rest upon whether the object and policy of the statute would
thereby be defeated
L

4. Where statutory penalties are imposed on certain kinds of behaviour, the


CO

courts take account of the policy behind the statute in question to decide
whether or not contracts contemplating such behaviour are void
5. The approach to statutes of a predominantly social nature has been
N

anything but consistent


EE

The question to whether or not a person is entitled to compensation for harm


sustained as the result of a breach of a statutory duty depends upon whether the
AM

mischief, which the statute was designed to eradicate, contemplated damage to


him or to the class of which he was a member.
-
AL

Conclusion
To conclude above mentioned interpretation of statute shall be interpreted by
judges

RE
5.Discuss the major steps involved in doing legal research?

O
Introduction

AL
The systematic investigation of problems and of matters concerned with law
such as codes, acts, constitutions etc. is legal research. Judges, lawyers, law

G
commissions and researchers constantly do research in law. They do make

AN
systematic research into the social, political and other fact conditions which
give rise to the individual rules.

,B
Legal researchers do make systematic research into facts of social, political and
economic conditions which give rise to the individual rules, acts or codes. They

W
also examine the socio-legal and other effects of those acts or rules. A research
of this kind is called Fact Research in Law. Research may be pursued to obtain
LA
better knowledge and understanding of any problem of legal institutions in
society legal doctrines, legal philosophy, legal history, comparative study of law
OF
or any system of positive law – International or Municipal.

Meaning of legal research


GE

The word Research is composed of two syllabus, re and search. The dictionary
defines the former as a prefix meaning again, anew or over again and the latter
LE

as a verb meaning to examine, closely and carefully, to test or to probe.

Together they form a noun describing a careful, systematic, patient study and
L

investigation in some field of knowledge to undertake to establish facts or


CO

principles, or one can also define research as a scientific and systematic search
for pertinent information on a specific topic.
N

Etymologically the term research is derived from a French word recerch


meaning to search and a latin word circare meaning to go round in a circle.
EE

Definition of legal research


AM

1. Webster’s Dictionary :- research is a careful, critical inquiry or


explanation in seeking facts or principles; diligent investigation in order
to ascertain meaning.
-
AL

2. EncylopaediaBritannica:- Research is an act of searching into a matter


closely and carefully, inquiring directly to the discovery of truth and in
particular the trained scientific investigation of the principles and facts of
any subject, based on original and first-hand study of authorities or

RE
experiment. Investigation of every kind which have been based on
original source of knowledge may be styled research and it may be said

O
that without research no authoritative works have been written, no

AL
scientific discoveries.
3. Manheim:- Research is the careful, diligent and exhaustive investigation

G
of a specific subject-matter, which has as its aim the advancement of
mankind’s knowledge.

AN
4. Redman and mary :- systematized efforts to gain knowledge.
5. Lundberg:- Research is a method sufficiently objective and systematic to

,B
make possible classification, generalization and verification of the data
observed.

W
6. Cook:- Research is an honest, exhaustive, intelligent searching for facts
and their meanings or implications with reference to a given problem.
7.
LA
Rush whites:- Research is a point of view, an attitude of inquiry, or a
frame of mind. It asks question which have hither to not been asked and it
seeks to answer them following a fairly definite procedure. It is not a
OF

mere theorizing but rather an attempt to elicit facts, and to face them once
they have been assembled.
GE

Characteristics of legal research

1. Research is a creative process and includes investigation or inquiry,


LE

discovery or invention or experimentation to find out the truth with


evidence contained in the product.
L

2. The process of research displays its product and vice-versa.


CO

3. Research is a direct method to solution of a problem.


4. Research is used to find out the relationship between two or more
variables .
N

5. It gathers new knowledge and sometimes it replaces the old knowledge.


EE

6. It is logical and objective.


7. It is systematic, an expert, exact and accurate investigation.
AM

8. It leads to decision making and action.


9. It improves the level of living in society.
-

The steps involved doing in legal research


AL
1. Formulation of problem:- At the outset, the researcher has to decide
the area or aspect of a subject matter in which he is interested. Such a

RE
decision affords only a crude indication. Hence, the researcher needs
to formulate a specific problem from within his general area of

O
interest before he can take any decision relating of collection and

AL
analysis of data. It is more difficult to find and to formulate a problem
than to solve it. He has to put a great deal of thought into the

G
formulation of problems if he expects to get anything worth from his
efforts to solve them. Research begins when the researcher

AN
experiences a difficulty or a challenge which is the basic component
of a research problem. There are no principles which can guide an

,B
investigation to pose significant problems of research.

W
2. Formulation of hypothesis :- The suggested explanation or solutions
to the problems formulated as propositions are called hypothesis.

LA
Such tentative explanations, i.e hypothesis may be the solution to the
problem. The enquiry is directed at finding out whether they really
are solutions to the problem. The enquiry is directed at finding out
OF

whether they really are solutions to the problems.


GE

3. Analysis of concepts:- The researcher needs to define the concepts


which would be used in organizing the data. Such definitions include
formal definitions that are designed to convey the general nature of
LE

the process. He has to translate them into observable events. He has to


formulate his problem in terms so general and abstract as to make
L

clear its relations to other knowledge and permit replication of study


CO

in other concrete situations.

4. Research design:- After the formulation of the research problem, the


N

researcher has to work out a design for the study. A research design is
EE

a plan comprising the researcher’s decisions about the procedures of


sampling data collection and analysis of data in respect of a given
AM

study, which aim to fulfill the objects of the study.

5. Collection of data :- after designing the research assignment, the


-

researcher turns to the implementation part of it. He attends to the


AL

formulation of the instruments such as the questionnaire, interview


schedule etc., keeping in view the techniques of analysis he is going
to implement. He selects the representative sample based on sampling

RE
techniques and collects the data. To make the data reliable and free
from bias, he has to select the mode of administering the instruments.

O
AL
In legal research, the researcher has to ascertain all the relevant facts.
The facts are the events that happened prior to the search. The

G
research scholar has to gather the facts. Learning the necessary facts
usually involves nothing more than asking enough questions. One set

AN
of facts may occasion the application of a certain principle, but the
addition of several additional details to those facts may occasion the

,B
application of an entirely different principle.

W
The researcher consults secondary sources to gain knowledge about
the law. Sometimes the researcher needs a secondary source such as

LA
an encyclopaedia to even get started with the research project.
Secondary sources are used throughout the research process to get
started to explain what has been found and suggest what ought to be.
OF

It is not usual for a researcher to go from secondary source to primary


source and back to secondary source repeatedly throughout a project.
GE

There are wide variety of search tools available for finding case
digests, encycloepaedias, treatises, law reviews and computer
services.
LE

6. Data analysis :- The purpose of data- analysis is to summarize the


completed observations in such a way that they yield answers to the
L

research questions. The analysis consists of specific sub-tasks such as


CO

coding, tabulation and drawing of statistical inferences etc.


7. Conclusions or generalizations-:- In this stage, the hypothesis is
compared with the conclusions drawn on the basis of data. In case a
N

hypothesis fits the findings, the theory which suggested the


EE

hypothesis would be proved. If the hypothesis is disproved, the blow


of disproof will pass on to theory which originated the hypothesis.
AM

8. Reporting :- Reporting the research requires an order of skills


somewhat different from those needed in the earlier phases of
research. The chief purpose of a report is communication with the
-

audience. It should contain the following aspects:-


AL

a. The problem of research


b. The research procedures
c. The results or outcome

RE
d. The importance of the findings.

O
Conclusion

AL
It is not easy to define a problem because every problem has different social and
legal aspects. Once the researcher selects the problem next he has to confront

G
with different stages that are formulation of hypothesis, identification and
formulation of problem. To formulate a research problem a researcher should

AN
have a deep concern in the field of research and a researcher must go in the field
of research with open mind.

,B
W
LA
6.what is hypothesis? Explain its types and functions in legal research

Introduction
OF
Research has become an integral part not only of academic pursuits, but of all
the areas of human activity. Sociologists, economists, physical scientist, nuclear
scientists- all would advocate an extensive use of research for the sake of their
GE

academic advancement, while practitioners like industrial engineers, physicians,


surgeons,managers and business. A hypothesis looks forward. It is a
LE

proposition which can be put to test to .determine its validity. It may seem
contrary to, or in accord with common sense. It may prove to be correct or
L

incorrect. In order for a hypothesis to originate, some problem must exist


CO

because someone to start looking for fats connected with this problem. These
facts are then organized. The problem cannot even be stated unless we are
familiar with the subject matter in which we discover the problem.
N

Meaning Of Hypothesis
EE

Hypo means less than or under and thesis means idea or general opinion to be
AM

defended by a person and thus hypothesis means an idea formed beforehand


which has less value than the generally formed view.

If we have to proceed towards some destination for which we don’t know the
-
AL

way, we try to form an idea about the direction to proceed and by trial and error,
we reach that goal. The primary idea is called a hypothesis.
The Webster’s new International Dictionary gives the meaning of the term
Hypothesis as a proposition, condition or principle which is assumed perhaps

RE
without belief, in order to draw out its logical consequences and by this method
to test its accord with facts which are know or may be defined.

O
AL
According to George A. Lundberg :- A Hypothesis is a tentative
generalization, the validity of which remains to be tested. In its most elementary
stage the hypothesis may be any hunch, guess, imaginative idea, which becomes

G
the basis for action or investigation.

AN
According to Werkmeister :- The guesses he makes are the hypothesis which
either solve the problems or guide him in further investigation.

,B
According to goode and Halt :- Hypothesis is a proposition which can be put to
test to determine its validity.

W
Robert A Berslein and James A Dyer say :- A Hypothesis is an assertion of a
causal association between two properties.
LA
McGrigan :- Hypothesis as a tentative statement which expresses the nature of
OF
relationship between two or more variables usually in the form of cause effect
relationship.
GE

In short we can define hypothesis as a tentative statement which expresses the


nature of relationship between two or more variables usually in the form of
LE

cause effect of relationship.

Scientific hypothesis are empirical testable statements deduced from a theory.


L

They present the relationship between the variables in a testable form, for
CO

example poverty is a cause of crime.

Hypothesis provides direction to research. It directs an investigator be identify


N

the procedures and methods to be followed in solving the problem. The


hypothesis is forward looking. It may be a statement of relationship or it may
EE

specify the functions. For any problem framing the hypothesis requires prior
knowledge of the phenomena.
AM

Characteristics or qualities

1. Hypothesis expresses a relationship between two or more variables


-
AL

2. To formulate a hypothesis different variables related to the problem


should be identified.
3. The variables are expressed as independent or dependent
4. These relationships between variable are expressed in the form cause –

RE
effect relationship
5. The relationship can be positive, negative full or partial.

O
6. Hypothesis is an explanation that needs to be established before it can be

AL
examined.
7. A good hypothesis is one which is testable and must be based directly on

G
existing data.

AN
According to Galtung there are ten dimensions of a useful hypothesis

,B
a. Generality
b. Complexity

W
c. Specificity
d.
e.
f.
Determinancy
Falsifiability
Testability
LA
OF
g. Communicability
h. Reproductibility
i. Predictability
GE

j. Tenability
LE

Goode And Halt Suggest The Following Characteristics Of A Useful


Hypothesis
L

1. Specific:- The hypothesis should not be too vague or general. There is a


CO

general tendency to select hypothesis that are too vast.

2. Conceptually clear :- The hypothesis should be properly expressed. The


N

definition and terms used in the hypothesis should be those which are
EE

commonly accepted terms and not on own creations. If new terms have
to be used, their definition and meaning in terms of already existing
AM

concept should be made clear.

3. Related to available technique :- The hypothesis should be capable of


-

being verified. For this purpose we have to take into consideration the
AL

technique of study that is available


4. Related to body of theory :- It is desirable that hypothesis selected must
be in continuation with theory already evolved.

RE
5. Capable of empirical test :- The hypothesis should be such as can be put

O
to empirical test. Empirical test is the basis of objectivity which is so

AL
essential for any specific method.

G
6. Simple:- It should have logical simplicity. P V Young says, The more
insight the researcher has into the problem, the simple will be his

AN
hypothesis about it. The Hypothesis should be simple and to the point

,B
7. It should be closest to the things observable

W
8. It should be expressed in a quantified form

LA
9. It must be stated in such a way as to allow it to be refuted.

10. It should be a non-contradictory one.


OF

11. It should be capable of being investigated with the available tools and
GE

techniques of research.
LE

Sources Of Hypothesis

Goode and Halt have given the following sources of a Hypothesis


L
CO

1. General culture :- The general pattern of culture helps not only to


formulate a hypothesis, but also to guide its trend.
N

2. Scientific theory:- Theory gives us the basic idea of what has been found
EE

to be correct and the knowledge of theory leads us to form further


generalization and these generalizations form the part of hypothesis.
AM

3. Analogies:- Sometimes a hypothesis is formed from the analogy. A


similarity between the phenomena is observed and hypothesis is formed
-

to test whether the two phenomena are similar in any other respect.
AL
4. Personal experience :- Hypothesis is formulated according to the way in
which an individual reacts to culture, science and analogy. The facts will

RE
be true but the hypothesis may be formulated when a rightful individual
sees it in a rightful perspective.

O
AL
WILKINSON AND BHANDARKAR GIVE THE FOLLOWING
MAJOR SOURCES OF HYPOTHESIS

G
1. The history of science provides an eloquent testimony to the fact that

AN
the personal experiences of the scientist contribute a great deal to the
type and form of questions he may ask.

,B
2. Analogies are often a fountain- head of valuable hypothesis.

W
3. Hypothesis may rest also on the findings of other studies.

LA
4. A hypothesis may stem from a body of theory and
OF

5. Value-orientation of the culture in which a science develops may


furnish its basic hypothesis.
GE

FORMULATION OF HYPOTHESIS
LE

A hypothesis is the starting point of any investigation or inquiry in the process


of legal research. For any research to begin, it is always initiated with a problem
L

of inquiry. It is called a tentative statement or generalization or assumption or


CO

proposition. Whatever it be, it has to be very clear, simple, and definite without
any creeping ambiguity therein. The condition attached to it is that a hypothesis
must be empirically verifiable, testable and comparable with the observed facts
N

regarding a phenomenon or an experience. The formulation of a hypothesis


EE

gives a direction to arrange the facts.

In fact, a hypothesis occupies indispensable portion for any investigation or


AM

inquiry. It gives direction in regard to collection of evidence. It makes


observation and experiment possible. A hypothesis , a theory of law and facts
-

are interconnected. It proceeds in a direction to find out answer to the problem,


AL

saving time, money and energy.


RE
MR. L. S Stebbing in his Modern Introduction logic says that every hypothesis
springs from the knowledge and sagacity. In the absence of knowledge we can

O
make no well foundedjudgements or relevance. Hence , three things are very

AL
much essential knowledge , experience and capacity. The problem may have
connection with a number of subjects. A researcher has to form hypothesis
based on them.

G
Problems in formulating hypothesis

AN
The main difficulties to formulate hypothesis according to goode and Hatt are-

,B
1. Absence of clear theoretical framework
2. Lack of ability to utilize that theoretical framework logically

W
3. Failure to be acquainted with available research techniques so as to able
to phrase the hypothesis properly.
LA
OF
Stages InForumulation Of Hypothesis

1. The researcher has first to observe the phenomena


2. He should identify the reflection that in cause and consequence of the
GE

phenomena.
3. He should logically deduct the fact relating to the phenomena.
LE

4. He should keep it ready for verification with the empirical situation.


L
CO

TYPES OF HYPOTHESIS

The kinds of hypothesis can be explained in many ways taking the base on
N

which they are classified.


EE

Hypothesis can be divided into broad categories

1. Experimental
AM

i. Existential hypothesis
ii. Statistical hypothesis
-

a. Statistical hypothesis may be further categorized as


AL

i. Null hypothesis :- hypothesis which study the existence of no


relationship between variables . The null hypothesis may be crude
or refined. When a null hypothesis is stated negatively, it is called a
null hypothesis. A crude null hypothesis is one which is at the low

RE
level of abstraction and it does not lead to higher theoretical
approach. A refined hypothesis is one which has more significance

O
in research. The null hypothesis asserts that there is no difference

AL
between two populations in respect of some property and that the
difference between two populations in respect of some property

G
and that the difference found between the samples drawn form
these populations is only accidental and unimportant. Null

AN
hypothesis is a testable hypothesis.

,B
Advantages of null hypothesis

W
1. It is exact
2. It is easier to disprove the contrary of any hypothesis than to
LA
prove it with complete certainly
3. Null hypothesis enables the researcher to eliminate some of the
alternative hypothesis
OF

4. The real basis of science is the possibility of empirical disproof


5. The statistical techniques are better adapted to testing a null
GE

hypothesis.

Dis advantages of null hypothesis


LE

1. The researcher to prove that all the possible identified


alternative one by one have probable relations.
L

2. It is suitable to certain types of problems only


CO

3. It requires great skill of the researcher.


N

ii. Constructive experimental hypothesis :- The constructive


EE

Hypothesis negative or positive.


AM

2. Non- experimental Hypothesis are of three form:


i. Simple level
ii. Complex level
-
AL

iii. Functional level


RE
P.V. Young has divided the hypothesis into three broad catergories

O
AL
1. Uniform :- uniform hypothesis relate to the existence of empirical
uniformities. They are commonsense propositions and merely show
regularities.

G
2. Complex:- The complex types are concerned with complex ideal type.

AN
They outline the existence of logically desired relationships between
empirical.
3. Analytic :- The analytic hypothesis deal with the relationship of analytic

,B
variables. They are aimed at finding out the relationship between changes
in one property leading to changes in another.

W
Another classification divides Hypothesis into:-
LA
1. Univariable and multivariable – univariable hypothesis describe only
one variable. Multivariable hypothesis involve two or more than two
OF
variables.
2. Associational and non- associational – Associational hypothesis show
associates or relationship between two variables. Non associational
GE

hypothesis show absence of relationship or negative relationship between


two variables. Non- associational hypothesis are also known as null-
LE

hypothesis.
3. Universal and statistical – universal hypothesis tell about a phenomena
L

or relationship between variables which is true all the time and at all
CO

places. Statistical hypothesis talk of probability.


4. Temporal and cross- sectional- A temporal hypothesis is true at a point
of time. A cross- sectional hypothesis is spelt out as true at the same point
N

time. Both of them do not imply causality.


EE

5. Descriptive, relational, explanatory- In descriptive hypothesis there


exists propositions of description. When a statement describes the
AM

relationship between two variables, it is said to be relational hypothesis.


In explanatory hypothesis, there are relational propositions which
strongly state the existence of cause – effect relation.
-

6. Working or exploratory and Barren Hypothesis- working hypothesis


AL

is a causal relationship between different facts that are formed by way of


earlier observation and probability. If the assumed results of anhypothesis
do not conform with the natural laws it is known as barren hypothesis.

RE
Ghose Explained The Following Types Of Hypothesis

O
 . Hypothesis concerning law:- This kind of hypothesis explains as to

AL
how an agent works to produce a particular effect or event.

G
 Hypothesis concerning an agent :- when a law of operation of known, the
agent which is working to produce an effect may not be known. In that

AN
event a hypothesis is often framed to find out the agent.

,B
 Hypothesis concerning collocation :- collocation refers to an arrangement
of circumstances. When a hypothesis is made relating to the

W
circumstances necessary to produce a phenomenon, it is known as
hypothesis regarding collocation.
LA
Goode And Hatt Have Classified The Hypothesis Into The Following
Three Types On The Basis Of The Level Of Abstraction :-
OF

 At the lowest level of abstraction are the hypothesis which state


GE

existence of certain empirical uniformities. These uniformities


should explore common-sense proposition with due checking of
facts. Otherwise there will be no sense attached to a common-
LE

sense.
 At a relatively higher level of abstraction are hypothesis concerned
L

with complex ideal type. These hypothesis aim at testing whether


CO

logically derived relationships between empirical uniformities


obtain.
 The highest level of abstraction are hypothesis concerned with the
N

relations obtaining amongst analytic variables.


EE
AM

Importance Or Significance Of Hypothesis

1. Hypothesis gives a point to enquiry more specific and to the point. In the
-

absence of hypothesis the researcher is like a sailor on the wide sea


AL

without compass or rudder.


2. Hypothesis helps in deciding the direction in which to proceed. It is the
starting point of research.

RE
3. Hypothesis helps in selecting all available and pertinent facts.

O
AL
4. It is the starting point of research

G
5. It provides precision to the research problem

AN
6. It helps in selecting relevant facts of phenomenon

,B
7. It helps in drawing specific conclusions

W
8. It raises the standard of result

LA
9. It helps to economize the collection data.

10. The function of a hypothesis is to direct our search for order among
OF

facts. The suggestions formulated in new hypothesis may be solutions to


the problem whether they are the right solutions or the right cause of the
GE

enquiry.

Testing The Hypothesis


LE

The proof of the worth of hypothesis lies in its ability to meet the test of
the validity. After formulating a hypothesis it is necessary to :-
L

i. Deduce the formulating a hypothesis, it is necessary to


CO

ii. Select or develop tools that will determine whether these


consquences actually occur
iii. Use the tools thereby collecting facts that will either confirm or
N

disconfirm the hypothesis


EE

These are two important means of testing hypothesis-


AM

1. The study of hypothesis for logical consistency


2. The study of hypothesis for agreement with fact
-

The study of hypothesis for logical consistency is a phase of thinking. It consists


AL

of checking the logical character of the reasoning by which the consequences of


hypothesis are deduced for vertification. In second place, the study of
hypothesis for logical consistency involves checking it for agreement with the
already known laws of nature. It must not conflict with the highest and simplest

RE
laws of good thinking and it must not disagree with those principles of science
which are considered valid beyond reasonable doubt. The suggested inferences

O
are tested in thought for logical coherence, before they are tested in action.

G AL
In the study of hypothesis for agreement with fact, one argues that if the
hypothesis is true, certain facts, conditions or relationships will be found, then

AN
one looks to see if there conditions are present. After the testing the hypothesis
by applying it already known facts, it may have to be tested by a new appeal to

,B
experience. In this new appeal the data are collected, recorded and manipulated
according to the conventions of science. If the data already available are

W
adequate, no new appeal to experience will be necessary.

Conclusion
LA
OF
Hypothesis is very much important in socio-legal research. It is pivotal of a
research. A hypothesis provides the basis for investigation and ensures the
proper direction in which the study should proceed. The accomplishment
GE

efficacy of any investigation depends remarkably upon the exclusion of


irrelevant facts and inclusion of the relevant facts. Now this it exclusion and
LE

inclusion of facts centres on related direction. Thus , while enabling researcher


to proceed on right track, it suggests and encourages discovering order in the
L

natural character of the study. It determines the methods of vertifications. The


CO

significance of an object or event can be determined by a hypothesis. The


importance hypothesis can hardly be ignored and overlooked in any scientific
research. In fact it is the very foundation of scientific research. A good
N

hypothesis, which is clear, simple and scientific, makes the inquiry more
EE

specific and wandering. The results cannot be stated as facts without clear
meaning. Hypothesis is the indispensable relationship between theory and
AM

investigations, which leads to break though or to addition of knowledge. At the


end, it can conclude that the hypothesis forms the starting point of investigation
which makes observation and experiment possible.
-
AL
7. Explain the tools of research in Brief.

RE
Introduction

In legal research the technique of questionnaire and schedule revolutionized the

O
whole legal system. In present times the role of legal activists the advocacy has

AL
made it possible to bring the common people’s problem into existence through
the interest litigation system. This the evolved an easy way to reach the justice

G
to the common people specifically to poor and weaker section of society.

AN
The effective and efficient role of law is to provide efficient administration of
justice by using recent research technique and tools. Now a day’s main research
design is the collection of data in the society to have their opinion regarding the

,B
research problem. In the legal research there may be two sources of collection
primary data and secondary data. The most of the research study have found

W
these sources very beneficial in course of finding solution of legal problems

LA
faced by the society. The primary data’s are acquired through questionnaire and
interview schedule. The questionnaire are generally mailed to the respondent or
served to a group a people at the same time by giving them required forms and
OF
collecting them. The scheduled is format of seeking information from the
respondent during the course of personal interview of respondent. In the case of
schedule the interviewer and respondent both are present in face to face where
GE

the interviewer takes an opportunity to have the personal reaction of the


respondent there is important difference between these two methods in virtually
LE

both have their own advantages as well as disadvantages.

Therefore, the role of techniques like questionnaire, schedule, sampling, use of


L

library are very important to solve the legal problems being found in the
CO

society. Now a days several devices are used in research problems.

The origin of the term data may be traced from the latin word datum, which
N

means something that is observed or manifested or shown clearly. Data is


EE

generally based on our observation which includes all forms of sense-perception


used in recording responses as they strike against our senses. However,
AM

response itself is not a data, instead, it is the product of a process of recording


the responses.

Different tools and technique are available for collection of data for legal
-
AL

research. The selection from these tools, however depends on nature and object
of the research study taking into consideration the other factors such as nature of
source, contents, utility, accessibility and time and expense likely to be spent in
the process.

O RE
Law library

AL
According to Fredric D.Donnelly, The law library is truly a vital factor in the
administration of justice, an institution of extraordinary social significance in a

G
free society. Inspiring others is the ambition of men and women of vision who

AN
devote their talents to the creation and perpetuation of law libraries whose
benefits reach out far and beyond the personal interests of the original creators.

,B
A law library is considered as a union of three important elements

i. Users

W
ii. Study material and buildings with furniture and
iii. Administrators

Use of libraries
LA
OF
Legal research inevitably involves the use of the books, pamphlets, periodicals
and documentary materials in libraries. General source materials have to be
consulted for the necessary background knowledge of the problem to be
GE

investigated. Knowledge of previous findings in similar cases is also required


by the legal researchers. All these source materials are numerously available in
LE

a library. Use of the library is a must to any researcher. Hence, a researcher


should know how to use the resources of libraries. He should have a general
L

idea of the types of books a law library usually contains. He should know where
CO

to look for the materials for research and also about the guides and aids which
would facilitate to locate the materials. In the words of prof. Frederick Hicks,
“skill in the use of law books is a requisite of a successful legal career, along
N

with ability to understand the intricate wording of a statute, to follow the


EE

reasoning of a judicial decision, or to build up a theory of a case by original


thinking. What I refer to is skill in using law libraries, that is, law books in
AM

shelves. A law library is not merely collection of books. It is a collection of


legal literature properly housed and organized for service. He should understand
the ways in which libraries organize their collections and with a knowledge of
-

basic bibliographic and reference materials. The general procedure of


AL

maintaining libraries is the same in any library because all libraries organize
their collections on the same general principles and provide similar resources of
users.

RE
Procedure involved in tracing the legal periodical articles

O
Periodical indexes-Articles in law journals is another important and

AL
indispensable source of information for a researcher. The Journal of
International law are some of the journals which carry research articles.

G
Academy law review, The Administrator, Benaras law review, civil and military
law journal belong to this category. Periodical articles are not indexed in the

AN
card catalogue.

The locate periodical articles on a specific subject, it is necessary to consult one

,B
or more of a group of publications known as periodical indexes. There are some
general indexes such as reader’s Guide to periodical Literature’. The index to

W
Indian legal periodicals and the Index to foreign legal periodicals are helpful to

LA
the researcher to find out the articles relevant to his research and locate the
name of the journal, volume and number in which that has been published.
OF

A list of law journals indexed in Index to Indian legal periodicals published by


the Indian law institute is given in the publication itself. Some of the journals
GE

indexed are:
LE

(i) Academy law review


(ii) Accidents claims journal
(iii) All India reporter (Nagpur)
L

(iv) Andhra law times


CO

(v) Company law journal


(vi) Delhi law times
(vii) Madras law journal
N

(viii) National law review (New Delhi)


EE

(ix) Supreme court cases (lucknow)


(x) Supreme court journals (Madras)
AM

(xi) Taxation law Reports(Nagpur)

Reference books
-
AL
General and special dictionaries, encyclopeadias, year books,
directories and biographical dictionaries are types of reference

RE
materials that are constantly useful in research.

O
(i) Encyclopedias:- An article is an encyclopedia can be useful for

AL
quick orientation to a subject and for specific items of
information. If it includes a bibliography as many encyclopedia

G
articles do, it can be useful as a guide to general sources of
information on a subject. There are several special

AN
encyclopedias of particular interest and value to the person
working on law topics. One of the most important is the

,B
encyclopedia of the social sciences which includes biographies
of men whose work has been significant to the social science

W
including law and articles on all the important topics in the
field. Halsbury’s law England is the most important set of

LA
encyclopedia which gives details and upto date of the law on a
particular subject.
(ii) Reports:- supreme court reports is a monthly publication which
OF

reports cases decided by the supreme court, Indian law Report


are the officially monthly publications for the state High courts
GE

such as ILR Allahabad, ILR Madras etc. which give judgments


of the concerned state High court; Allahabad law Journal,
Bombay law reporter, Madras law Journal etc. cover cases
LE

decided by the courts and also Acts, Rules and Notifications etc.
There are some specialized law reports which report the cases
L

decided by the supreme court, High courts and Tribunals on


CO

particular Branches. Some of them are labour law Journal,


Labour and Industrial cases, Industrial court Reporter, criminal
law journal, Income Tax Reports, company cases, sales Tax
N

cases etc.
EE

(iii) Dictionaries:- In addition to the standard unabridged


dictionaries of the English language, there are dictionaries that
AM

serve special purpose or interests. There are many separate


dictionaries of legal terms and phrases. The law lexicon of P.
RamanathaAiyer, published by Wadhwa, Nagpur is one of such
-

dictionaries.
AL

Citation
Cite is the location of authority for, the matter you have mentioned. Because it
is necessary to refer any statement of law that is made by attributing the

RE
legal(primary) authority or authorities, the starting point for legal research is to
know how that law, contained in the report of a case, section of an Act or in a

O
cause of a Regulation, is referred to by the legal profession. This is known as

AL
the citation of cases, Acts and Regulations. Thus, we say that a case is cited in a
research report by researcher to provide the legal authority for the preposition

G
that is being put forward.

AN
The citation of Acts and Regulations, however tends to be governed by the short
title of Acts and Regulations, authority contained within the Act itself and
supplemented by the jurisdiction’s Interpretation Act.

,B
Standardization of citation Rules

W
1. Dates and Numbers
i.
ii. LA
Date should appear as follows: 19 July, 1984
Percentages should be expressed as : 10 per cent.
iii. Time should be shown as : 7.30 a.m
OF
iv. Monetary amounts should be shown as :Rs. Or $
v. Fractions should be shown as: ½.
2. Abbreviations
GE

i. Section : S. 3
ii. Paragraph : Par (a)
LE

iii. Sub- section : S. 3(a)


iv. Regulation: Reg 4
L

v. Order : O.3
CO

vi. Rule: r. 2
vii. Clause : Cl.5
viii. Chapter: ch. 1
N

ix. Limited: Ltd.


EE

x. Division : Div
3. Citing statutes (Legislation)
Statues are usually cited by short title with years (in brackets); section
AM

number
The foreign exchange Regulation Act, 1947
-

The design Act, 2000


AL

The trade Marks rules.


4. Citing constitution:- constitutions are cited by sovereign abbreviation,
space, const and space followed by the sub-division cited e.g.

RE
U.S. Cons. Art. 1, sec. 7, para 2, cl.(iv)

O
Use amend to cite amendment e.g

AL
U.S. Const. amend. IV

G
5. Citing a case :- case title consists of the name of the plaintiff followed by
space, the letter(s) v. or vs and a space and the name of the respondent/

AN
defendant, all underscored.

,B
Separate the case title from the reporter citations with a comma and
space. What follows is the volume number of the official reporter a space,

W
the proper abbreviations of the official reporter, a space and the page
number of the first page of the case report in the official reporter. After

LA
the last reporter citation, put a space, then the year of a decision in
parentheses. In india, the citation of cases are as follows
OF

• Edward Mills co. Ltd v state of Ajmer ( AIR. 1955 S.C. 25)
• GaupalKisan v. state of Maharashtra ( 1995 Cr. L.J. 792 (Bom)).
GE
LE

2. Observation Method

Method denotes the various processes by which we proceed to find out a


L

solution to an enquiry. The method is also known as an approach. A method is


CO

the way of approaching a problem. The truth involved in a problem can be


found only by following systematic steps. The type of steps to be applied
depends largely on the object sought to be achieved and the nature of the study.
N

Hence, every science has its methodology, so do the legal studies. Legal
EE

researchers have certain methods to find law from legal sources such as
legislation, precedent etc, and have definite methods to find out authoritative
AM

decisions. They have also, by experience devised methods to apply law into fact
situations. Thus, by legal method we mean essential techniques of law study.
The judges of law courts and the people who give legal opinion to government
-

must also know these law study techniques.


AL
Techniques are different from methods. Techniques are merely means and differ
as per nature of the subjects. They are a way of collecting data. Most of these

RE
techniques are repetitive and routine and require mechanical skill on the part of
the researcher. Methods, on the other hand, relate to research as a whole from

O
the beginning to end. A method stands independently and its nature remains the

AL
same throughout. Methods are always original, broader and superior to
techniques. Only a method can decide whether a discipline is an art or a science.

G
As law is related to society, the techniques of social science are also applicable

AN
to the legal studies. In their project on Juvenile delinquency, the students of
British crown colony of Hong Kong as explained by Pauline V. Young assumed
that the behaviour of delinquents can be observed and studied by the sample

,B
process and techniques as other aspects of human behaviour. They employed
observation techniques, schedules and questionnaire, the interview, statistical

W
and case-study data. These techniques are discussed in detail in the respective

LA
chapters of observation, interview, questionnaire, and case-study.

Observation Method/ Meaning


OF
Observation is a method that employs vision as its main means of data
collection. It implies the use of eyes rather than of ears and the voice. It is
accurate watching and nothing of phenomena as they occur with regard to the
GE

cause and effect or mutual relations. It is watching behaviour of other persons as


it actually happens without controlling it.
LE

In socio-legal research, one of the most important and extensively used methods
is observation. It is both most primitive and the most modern method of study.
L

It is one of the primary research instruments. Webb says “Deliberate and


CO

sustained personal observation is an indispensable part of the study of any social


institution. Goode and Hatt say science begins with observation and must
ultimately return to observation for its final validation.
N
EE

Generally, observation technique is adopted for testing hypothesis where


structured methods cannot be employed. As socio-legal research deals with
AM

social behaviour, the most appropriate technique is observation. In their project


on Juvenline Delinquency in Hong Kong, the students used the technique of
observation. Much can be learnt about human behaviour by observation, when it
-

is planned in terms of the formulated hypothesis and of the general scheme of


AL

the study. The three elements of observation are sensation, attention and
perception.
The method of observation has been defined by different people in different
ways. Young says, Observation may be defined as systematic viewing, coupled

RE
with consideration of the seen phenomenon. He further says that it is a
deliberate study through the eye, which may be used as one of the methods for

O
scrutinizing collective behaviour and complex of institutions as well as separate

AL
units composing of totality.

Lindzey Gardner has defined it as selection, provocation, recording and

G
cncoding of that set of behaviours and settings concerning organisms which are

AN
consistent with empirical aims. Here the selection means that there is a focus in
observation and also editing before, during and after the observations are made.
Provocation means that though observes do not destroy natural settings but they

,B
can make subtle changes in natural settings, which increase clarity. Recording
means that observed incidents, events are recorded for subsequent analysis.

W
Encoding involves simplification of records.

Characteristics Of Observation Method


LA
Black and champion has given the following characteristics of observation
OF
method

i. Behaviour is observed’
GE

ii. It enables understanding significant events affecting social relations of


the participate
LE

iii. It determines reality from the perspective of observed person himself


iv. It defines regularities and recurrences in social life by comparing data
in one study with those in other studies.
L

v. Observation involves some controls pertaining to the observer and to


CO

the means he uses to record data. However, such controls do not exist
for the setting or the subject population.
vi. It is focused on hypothesis-free inquiry
N

vii. It avoids manipulations in the independent variable i.e., one that is


EE

supposed to cause other variable and is not caused by them.


AM

3.Interview Method (Schedule Method)

The interview is the oldest and most often used device for obtaining information
among human beings. As a data gathering technique, it is a verbal method of
-
AL

securing data. It is a conversation with a purpose. It may be conducted face to


face or over the telephone or through internet process. Interview technique can
be used both for the illiterate and the educated respondents. It is a face to face

RE
interpersonal role situation in which one person (the interviewer) asks the
person being interviewed (the respondent) questions designed to obtain answers
pertinent to the research problem. Interview consists of verbal responses

O
between two or several persons.

AL
The shorter oxford english Dictionary defines Interview as a meeting of persons
face to face, especially for the purposes of formal conference on some point.

G
According to V.M. Palamer, Interview constitutes a social situation between

AN
two persons. As a psychological process, it requires both individuals to
mutually respond. It is not a simple conversation between an interrogator and

,B
informant. The latter’s gestures, galances , facial expressions and pauses also
reveal subtle aspects.

W
John Madge points out that the interview is a purposive conversation. The

LA
purpose may vary widely in order to include the necessary information.

According toPaulin v Young Interview is a systematic method by which a


OF
person enters more or less imaginatively into the life of a comparative stranger.

Brown and Ghiselli say The term interview stands for a generic concept which
includes a variety of procedure used in collecting data through a person to
GE

person contact between an interviewer and a respondent.


LE

Goode and Halt say Interviewing is fundamentally a process of social


intervention. Interview is a method of data collection mainly through the verbal
interaction between the respondent and the interviewer.
L
CO

Harder and Lindman say Interview consists of dialogue or verbal responses


between two persons or between several persons.
N
EE

Characteristics of interview

1. Interview is a social contact to study human behaviour


AM

2. It has got a definite objective, securing certain information


3. It involves face to face contact between the interviewer and respondent.
4. It is way of finding out problem in a social research
-
AL

5. It is an oral verbal method of securing data.


The success of interview is based on three aspects

RE
1. It depends on the capacity of the interviewer to build rapport with the
respondent.

O
2. The right type of questions should be asked in the right manner.

AL
3. Recording of the responses properly and accurately at the time of
interview.

G
Types of interview

AN
1. Structured interview (formal, controlled, guided or direct interview) :-
The interview based on the pre-determined questions and the
standardized techniques is called the structured interview. In interview

,B
process everything is standardized. The response patterns are also
standardized. The questions will be mostly close-ended where the

W
alternative responses are given for the choice of the respondents. In

LA
structured interview, the questions, their sequences and their wording
are defined. Here the number and nature of questions are standardized.
OF
The structured interview has the greatest advantage of uniformity and
precision. It provides safe basis for the generalizations. Interviewer’s
bias is restricted. It is more methodical and easy to administer. But the
GE

rigidity of the process makes it mechanical, sometimes, defeating the


purpose itself.
LE

2. Unstructured interview (informal, uncontrolled, unguided or undirected


L

interview) :- The unstructured interview is based on flexible and non-


CO

pre-determined questions. The interviewer bases his interview on the


purpose rather than the form. The unstructured interviews involve
relatively much lesser standardization or relevant techniques and
N

operations. The content, sequence and wording are entirely in the hands
EE

of the interviewer. The interviewer is given more freedom to choose the


form depending on specific situations. It is generally held in form of free
discussion or story type narrative. Open-end questions are being asked.
AM

The interview is adjusted to the level and conditions of the respondent.


The wording and the sequence of questions are changed keeping in view
-
AL

the response pattern. This type of interview lays emphasis on the purpose
rather than form. The discussions with respondents are more informal in

RE
nature mainly aimed at collecting the maximum information.

The unstructured interview have the following advantages;

O
i. They facilitate free and uninhibited responses from the

AL
respondents, the informant has the facility to be much more open
and articulate.

G
ii. These interviews have the advantage of leaving a favourable
impact on the informant who will have acquired in the process of

AN
interview a certain element of skill in self- analysis.
iii. They demand lesser skills on the part of interviews. The

,B
unstructured interview technique has the following limitations:
a. The flexibility results in lack of comparability between one

W
interview and another.
b. The analysis of the unstructured responses is much more
LA
difficult and time- consuming.
c. The non-structured interviews usually demand deep knowledge
and skill on the part of the interviewer.
OF

d. The collection of material by such a flexible means is inevitably


slow and normally only a small sample can be expected to be
GE

covered.
3. Focused interview :- In this method, the objective is to focus attention on
the given experience of the respondent and its possible effects. The
LE

interviewee is known to have been involved in a particular concrete


situation. The field- worker tries to focus his attention to the particular
L

aspect of the problem, and tries to know his experiences, attitudes and
CO

emotional response regarding the concrete situation under study. This


type of interview is also in form of free story or narrative type. The
focused interviews aim at the gathering of the specific experiences that
N

may expectedly lead to change in attitude on the part of those exposed to


EE

experience.
4. Repetitive interview:- some social changes influence the behaviour of the
AM

people. To know the effect of such factors in time sequence, repetitive


interviews have to be conducted. Interview is repetitive in nature when it
is desired to note the gradual influence of some social or psychological
-
AL

process.
The repetitive interview is generally a very costly affair. A permanent

RE
organization has to be set up for this purpose. A prolonged record has to
be maintained to study changes from the permanent residents. Sampling
technique has to be used to select the representatives.

O
AL
5. The clinical interview:- This type of interview is similar to the focused
interview. The clinical interview is concerned with broad underlying
feelings or motivations or with the cause of individual’s life experience

G
rather than with the effects of the specific experience, as in the focused

AN
interviewer. The interviewer knows in advance what aspects of feelings
or experiences he wants the respondents to talk about. The interviewer
has freedom in selecting the method of eliciting information. The most

,B
common types of clinical interviews are those conducted during social
case work in psychiatric clinics and in prison administration.

W
6. The non-directive interview:- In this type of interview, the initiative is

LA
more or less completely in the hands of the respondent. This type of
interview is useful in eliciting information from the public on particular
situation or issue. The interviewer’s must create a completely permissive
OF
atmosphere in which the subject is free to express himself without fear of
disapproval.
7. The depth interview:- A depth interview is generally a lengthy procedure
GE

designed to encourage free expression of effectively charged


information. It may be used in conjunction with special devices such as
LE

free association and projective technique.


L

Steps to be taken in conducting an interview or the pre-requisites that


CO

ensure successful interview


Preparation for an interview
N

1. Understanding the problems:- The researcher must have a thorough


EE

knowledge of the nature of the problem under study, its various


aspects, importance of the study and effects upon various classes and
situation.
AM

2. Preparation of interview guide:- Interview guide is a brief written


document giving an outline of the different aspects to be studied. It
-

gives a general plan for the interview, various topics that are to be
AL

discussed, genera technique to be adopted and precautions to be


taken. It must be seen that it should not be too rigid, structured and

RE
over burdened with too many details.
3. Selection of cases:- cases may be selected through any one of the
different methods of sampling. The cases selected must be pertinent

O
one and available for interview.

AL
4. Preparation of schedule:- A schedule should be prepared with proper
care keeping in view the characteristics of schedule questionnaire.

G
5. Training the interviewers:- Interviewers should be selected among
educators and sufficient training should be given. The issue of the

AN
study, the schedule to be filled in after interview should be explained
to the interviewer along with the object of the study. Some preliminary

,B
information about the interviewer along with object of the study. Some
preliminary information about the interviewers such as general habits,

W
sociability, etc should be provided to interviewers.
6. Prior appointment:-It is sometimes useful that a prior appointment is

LA
taken from the interviewee regarding the time, date and place of
interview either through a reply paid letter or a telephone if the
respondent is available upon it.
OF
GE

Process of interview or technique of interview

1. Rapport building or establishing contact:- Rapport refers to atmosphere


LE

of the friendly relationship betweend the respondent and the interviewer.


It creates trust and confidence in respondent. The initial introduction is
L

an important phase in the rapport building. The rapport building with the
CO

respondent requires a thorough understanding of the respondent and his


social environment. The rapport building is both an art and a science.
The interviewer’s manners should be friendly, courteous, conversational
N

and unbiased. He should explain the purpose of the study and should
EE

create confidence that the information will be kept it secret.


2. Starting an interview:- The interviewer should start with the causal
conversation about weather, pets or children. Later he should
AM

conveniently divert their talk to the general discussion of the topic. In


order to warm up the respondent, the interviewer should allow him to talk
-

while he should himself listen to it attentively guiding and directing the


AL

respondent towards the subject- matter, whenever necessary.


Following are the precautions that the interviewer should take:
i. Show proper interest in everything that the interviewer tells
ii.

RE
Try to feel at ease with the interviewee
iii. Try to gain confidence of the interviewee
iv. Let the interview progress gradually

O
v. Assign social status to the interviewee

AL
vi. Don’t try to be unduly inquisitive so as to appear impertinent
vii. Don’t try to be cunning or attempt to extract answers through

G
indirect means
viii. Try to understand the significance of the facts from the

AN
respondent’s point of view
ix. Avoid injecting any bias by pursuing a point in particular direction

,B
x. Give top priority to the convenience of the respondent
xi. Do not ask suggestive questions and

W
xii. Keep the time sequence in narration
3. Probing:- Probing is another technique in the interview. Asking right

LA
questions is more difficult than answering the questions. The right type of
questions should be asked in the right manner and in proper language.
The questions should be capable of getting all the relevant information.
OF

The interviewer must probe deep into the matter to gain the insights
without giving an impression of undue curiosity. Great care should be
GE

taken in putting probe questions.


4. Recording :- Recording of responses is another phase in the interview.
This can be done in two ways- recording at the time of interview or after
LE

the interview is over. Recording at the time of interview ensure accuracy.


All the relevant information can be noted. But recording after the
L

completion of interview is the better method. The interviewer should,


CO

therefore, jot down the points and later fill in the schedule.
5. Closing the interview:-After the respondent has narrated everything he
wanted to tell, generally, the tempo of his narration slows down. The
N

interviewer should closely watch such a situation and give a natural end
EE

to the discussion. The interviewer should verify if all the needed answers
have been elicited or not. It is generally useful to review the important
AM

points discussed before closing the interview.


6. Filling in the schedules:-when the interviewer has come home after the
interview, he should immediately fill in the schedules. All the schedules
-

should be checked and edited by the researcher before analysation and


AL
interpretation. On the basis of all the schedules, the research report is

RE
drafted after following theanalysation and generalization procedure.

Schedules as tools of interview

O
Schedules are used as tools to elicit information inn structured interviews. The

AL
schedule is the form containing some questions or blank tables which are to be
filled by the interviewer after getting information from the respondent.

G
The schedule is nothing more than a set of questions which are asked and filled

AN
in by the interviewer in a face-to-face situation with another person. According
to Bogardus, Schedule is a form of abbreviated questions which the interviewer
keeps with himself and fills out as he proceeds with his inquiry.

,B
Goode and Hatt say Schedule is the name usually applied to a set of questions

W
which are asked and filled by an interviewer in a face-to-face situation with
another person.

The aims of a schedule are LA


OF
i. To determine the topic
ii. To act as a memory ticker
iii. To help in the classification and analysis of data.
GE

The purpose of schedule is to provide a standardized tool for observation or


interview in order to attain objectivity. By using a schedule the field worker gets
LE

the standardized replies. The field worker has no choice to get the desired reply
by putting a different question or changing the language of the same question.
L

The order of the questions is also the same and thus the whole interview takes
CO

place under standardized conditions.

Kinds of schedules
N

1. Observation schedule:- They contain specific topics upon which the


EE

observer has to concentrate and the nature of information that he has to


record. Such schedule make the observation more pointed and accurate.
AM

2. Rating schedules:- They are used in those cases where the attitude or
opinion is to be measured.
3. Document schedules:- These schedules are used for recording data from
-

written documents like autobiography, case history diary or official


AL

records maintained by the government.


4. Interview schedules:- The schedules are used for interview purpose. They

RE
contain standard questions that the interviewer has to ask and blank
tables that he has to fill up after getting information from the
respondents.

O
AL
Characteristics of a good schedule

1. The size and appearance of schedule must be attractive.

G
2. The schedule should be divided as (i) introductory part, (ii) Main content
or body, and (iii) Conclusion part.

AN
3. The questions should be clearly, worded, easily followed without
ambiguity.

,B
4. Right type of questions should be included.
5. The questions asked should be adequate and relevant to the enquiry so

W
that final generalizations may be based upon it
6. Each question must deal with a single idea.
LA
7. The set of questions must be logically related to the problems under
investigation.
8. The information sought should be capable of being tabulated and being
OF

subjected to statistical treatment.


9. Questions must be presented in good psychological order, proceeding
GE

from general to more specific responses.


10. Paper must be durable and smooth.
LE

Questionnaire method

Questionnaire method is one of the most suitable methods for the investigation
L

of socio-legal problems. We use different tools of questionnaire for collecting


CO

data from large, diverse, varied and scattered persons from different places.
Questionnaire is a list of questions to be answered by a group of people,
especially to get facts or information about their views. It is used to obtain
N

knowledge about facts known to the informant.


EE

The dictionary of statistical terms defines the questionnaire as a group of or


AM

sequence of questions designed to elicit information upon a subject or sequence


of subjects from an information.

Lundberg defines a questionnaire as a set of stimuli to which literal people are


-
AL

exposed in order to observe their verbal behaviour under these stimuli.


Wilson Gee describes a questionnaire as a convenient method of obtaining a

RE
limited amount of information from a large number of persons or from a small
selected group which is widely scattered.

O
According to Goode and Hatt a questionnaire is a device for securing answers

AL
to questions by using a form which the respondent fills in himself.

According to Bogardus, a questionnaire is a list of questions sent to a number

G
of persons for their answers and which obtains standardized results that can be
tabulated and treated statistically.

AN
Typology of questionnaires

,B
1. Structured or standardized questionnaires:- structured questionnaires
are those which pose definite, concrete and pre-oriented questions, that is

W
they are prepared in advance and not constructed on the spot during the
question period. Structured questionnaire are prepared in advance and
LA
not constructed on the spot during the question period. Structured
questionnaire are prepared in advance and not constructed on the spot
OF
during the question period. Additional questions may be asked only when
some classification is required. Certain questions for instance, questions
on age, martial status, number of children, nationality etc are
GE

automatically structured by virtue of their nature.


LE

The structured questionnaires may be further categorized into two


closed- form and open-end questionnaire. A closed form questionnaire is
one in which there will be a few alternative answers. They may be either
L

yes/no type or multiple choice type, from which the respondent has his
CO

freedom to express in his own style. Open-end questionnaire is used


mainly for intensive studies.
N
EE

2. Unstructured questionnaire :- The unstructured questionnaire contains a


set of questions which are not structured in advance and which may be
AM

adjusted according to the needs of question period. There is flexibility in


unstructured questionnaire. It aims at precision and contains definite
subject-matter. It aims at collecting the maximum information. The
-
AL

unstructured questionnaire assumes insight, articulateness, and


possession of facts by the respondents. It is used mainly for conducting

RE
interviews.

Types of questions

O
1. Open- end questions:- Open- end questions are questions with no

AL
alternative answers provided. Open- end questions are designed to permit
a free response from the subject rather than one limited to certain

G
alternatives. The distinguishing characteristic of open-end questions is
that, they merely, raise an issue but do not provide or suggest any

AN
structure for the respondent’s reply. The respondent is given the
opportunity to answer in his/her own terms and his/her own frame of

,B
reference. Open-ended questions are more flexible and provide rich
information than standardized ones. The researcher can follow up

W
answers to problem more deeply into what the respondent thinks. One of
the principal values of the open-end questions is its use as an exploratory
LA
tool before opinion has been solidified or before the research objectives
have been clearly defined.
2. Structured questions :- when answer to a question has been
OF

preconceived and classified into possible groups, it is known as a


structured question. The tabulation of a structured question is very easy.
GE

There is greater standardization and objectivity in the replies.


Structured or standardized questions are those in which there are
definite, concrete and pre-ordained questions with additional questions
LE

limited to those necessary to clarify inadequate answers or to elicit more


detailed responses. The questions are presented with exactly the same
L

wording and in the same order to all the respondents. The reason for
CO

standard questions is to ensure that all the respondents are replying to


the same set of questions. Here, the respondents of the researcher mark
certain categories of reply to the questions asked for instance,
N

yes/no/don’t know or very likely/likely/unlikely/very unlikely.


EE

Standardized questionnaire have the advantage that responses are easy


to compare and tabulate, since only a small number of categories are
AM

involved.

3. Dichotomous questions (yes or no answer) :- when reply to a question is


-
AL

given in form of one of two alternatives, the question is called


dichotomous. Generally, one of the answers is positive and the other

RE
negative and the two combined form the whole range of the answers.
4. Multiple choice questions :- closed ended questions are alternative
questions. In these questions the reply may be one among a number of

O
possible replies. Great care has to be taken to see that all the alternatives

AL
have been included. Generally, a new group known as others is included.
5. Leading questions :- When a reply to a question is suggested in a

G
particular direction, it is known as leading, suggestive or directive
question. There may be a bias in the reply. These type of questions should

AN
be used when there is no other option.

Case study method

,B
The scientific socio-legal research, statistical survey method and case study

W
method are being used. The statistical method is used in the case of large scale
collection of facts. Case study method is more suitable for the study for fewer
LA
persons and to find out the root cause for a particular problem. Case study
,method is the oldest method. Frederic Le Play introduced this method in social
scientific investigation. Herbert spencer used this method in his comparative
OF

studies of different cultures.

The term case study has been defined vividly by eminent persons. The term case
GE

means means a unit of study.


LE

According to P.V.Young case study is a method of exploring and analyzing of


life of a social unit, be that a person, a family, an institution, cultural group or
even entire community.
L
CO

According to Goode and Hatt case study is a way of organizing social data so
as to preserve the utility character of the social object being studied. Expressed
somewhat differently it is an approach which views any social unit as a whole.
N

According to stuart A. Queen the case study is the examination of a single


EE

situation, persons, groups or institutions as complex whole in order to identify


types and process.
AM

According to James A.Black and Dean J.Champion, case studies are usually
characterized as thorough examinations of specific social settings or particular
-

aspects of social settings including in varyind details psychological descriptions


AL

of persons in these settings.


According to Elmer case study is the analysis of an abstract phase or

RE
experience usually performed in the interest of describing some quality in the
experimental whole.

O
Robert K. Yin states The case study research method is an empirical inquiry

AL
that investigates a contemporary phenomenon within its real-life context; when
the boundaries between phenomenon and context are not clearly evident and in
which multiple sources of evidence are used.

G
AN
Characteristics of case study method

1. Unit of study, i.e., the case may be an individual, an episode in a person’s


life, a group of persons such as a family or a class of persons such as the

,B
habitual offenders or professional demonstrators, a concrete set of
relationship like the labour management relations, a specific process like

W
rehabilitation of the displaced or community, an institution or even an
entire culture.
LA
2. Case study aims at deep and detailed study of the unit. The unit is
considered as a complex whole and unique. Goode and Hatt have
OF
suggested the following measures to keep the wholeness of the unit:
• A broad array of data should be collected about unit.
• The data of sociological, economic, political and even biological aspects
GE

that are relevant to the problem should be collected


• The unit should be studied as a representative type or index and not
LE

purely as individual unit.


• The study should cover a continued period relating to the problem.
L

3. Case study covers a sufficiently wide cycle of time. According to


CO

P.V.Young case study data may be gathered exhaustively on the entire life
cycle or on a definite section of the cycle of a unit but always with a view
of ascertaining the nature, history of the social unit and its relationship to
N

the social factors and faces involved in its environment.


EE

4. The number of units should be small. The number may vary from a single
unit to be a few dozen or even a few hundred.
AM

5. The case study method is mainly qualitative in character. A case is non-


comparable and yields non- quantitative data.
6. The essential characteristics of a case study include continuity,
-

completeness of data, validity of data, confidential recording and


AL

scientific syntheses.
7. The case study intends to find out the factors that account for the

RE
behaviour patterns of the given unit and its relationship with the
environment.

O
According to palmer any case has three important characteristics

AL
 Characteristics which are common to every individual in the species to
which he belongs.

G
 Variations of these common attributes which are characteristics of
groups within the species.

AN
 Other characteristics which belong uniquely to the individual and
distinguish it from every other individual within the species.

,B
J.L. Feagin, A Orun and G.A. Sjoberg describe the following characteristics of
case study.

W
1. The case study strives towards a holistic understanding of cultural systems of
LA
action. Cultural systems of action refer to sets of inter-related activities
engaged in by the actors in a social situation.
OF
2. The case studies must always have boundaries.

3. case study research is not sampling research.


GE

4. case studies tend to be selective, focusing on one or two issues that are
fundamental to understanding the system being examined.
LE

5. case studies are multiperspectual analysis. This means that the researcher
L

considers not just the voice and perspective of the actors, but also of the
relevant groups of actors and the interaction between them.
CO

Basic assumptions of case study


N

a. A unit is indivisible whole and cannot be studied in its wholeness.


b. A particular unit has its uniqueness and nothing exactly like it is to be
EE

found elsewhere but it is not different from other units in all respects.
c. Socio-legal phenomena is not only a total whole, it is very complex also.
AM

d. Socio-legal phenomena are influenced by time also.


e. In gathering case data, the identity of human nature persists.
-

Conclusion
AL
The central design of legal research no a days is the collecting of datas. During

RE
t he course of legal research, the scholar goes for different resources of
collecting datas. Generally there are two sources of data collection. The first
source is called primary and the second source is named as secondary. In case

O
of first source research scholar collect data through questionnaires and

AL
interview schedule. The method of questionnaires is applied in cases where the
datas are collected from large group of peoples widely scattered in different

G
parts of country. In questionnaires the methodology is applied in the manner
that the scholar generally mails to the respondents or is administered to a

AN
group of peoples at the same time by giving them appropriate forms of
questionnaire for seeking information of the problem.

,B
The schedule is format which is filled by the respondent during course of
interview where respondent and interviewer sitting together. The format of the

W
questions is filled up by interviewer in face to face interviewer. The wording of

LA
the questions are same for mostly all the respondents in both cases of data
collection. But difference lies on the point of advantages and disadvantages.
The choice of particular data collection depends on the nature of respondents
OF
and their situation of position. The relevant thing is that is both the cases data
collection on the questions should be clear unambiguous reliable and
communicable.
GE
LE

8. Explain the kinds of legal materials?

Introduction
L
CO

Legal research involves the analysis and interpretation of various codes, acts,
rules etc. and their implementation in the society. These constitute legal sources
of research study. Besides, the researcher is also required to collect supporting
N

information from non-legal sources such as customs, traditions, commercial


EE

practices, life style of the people, general public opinion about a particular law
and whether they have regard for it or not. Thus both, legal and non-legal
AM

source material are needed for a legal research keeping in view the methodology
to be adopted for pursuing the same.

The legal material for a legal research may consist of primary codes etc. which
-
AL

are used as statutes, rules, regulations, cases decided by courts or administrative


agencies etc. However, there are certain legal sources which have a secondary
authority of law. They include law journals, reports, treatises, encyclopaedia,
dictionaries etc. The commentaries published by non government agencies are

RE
also legal sources having secondary authority of law.

O
Meaning of legal materials

AL
Law is generally understood consists of legal rules principles maxims etc. by
the application for which decisions are given by courts in case before them for

G
adjudication. In earlier times, these rules and principles were considered as
deeply embedded in the customs of the society. However, with the evolution of

AN
legal positivism and sociological juridical thinking, the of custom as a source of
law was denounced and a view was propagated that it was only the law enacted

,B
by sovereign which was coherent and complete and it is through judicial
process that law is deductively applied by courts to determine the validity or

W
otherwise, of any existing rules of law. In course of time, it came to be
universally accepted that judge’s function is simply to apply existing law, which
LA
was called a living law or a valid legislative enactment. Thus, it was asserted
that judges do not make law but only apply it to cases before them for
application.
OF

The 20th century realist movement in United states brought about a radical
change in legal realm with the emergence of judicial process, which emphasized
GE

on the creative role of law in the society. The term judicial process may be
defined as an intellectual procedure by which judges decide cases in accordance
LE

with the previously set principles of law as applicable to the changing


environment.
L

Justice oliver Holmes, the former judge of the U.S. supreme court, summarized
CO

the functioning of law in society and held that law is what the court decides
through their judgements. He rejected the traditional theory that laws are rules
of unchanging rational principles. He emphasized the need to examine the
N

actual operation of legal rules in the society which find expression in judicial
EE

law-making. Justice Cardozo has accepted thee creative role of law and refused
to accept law as a self-sufficient and completely autonomous system.
AM

Discarding the traditional theory of law, justice Holmes observed that the life of
law is not logic, it is experience as the judges are much more influenced by the
-

felt necessities of time, prevalent moral and political conditions, institutions of


AL

public policies etc. than the mere logic of law in determining the rules by which
men should be governed. He therefore asserted that legal problems and issues
cannot be solved by bare application of logical rules of law but the
developments and changing trends in the society also need to be taken into

RE
consideration in the decision making process.

O
In the ultimate analysis, it may be said that the authoritative legal material

AL
consists of not merely rules, acts and principles of legal theories alone but also
includes decisions of the court based on principles of legally sound and valid
reasoning and judicial process of law-making. The material legal logic with

G
which the lawyers, jurists, legal theorists and researchers are concerned lies in

AN
the procedural and substantive soundness based on principles of just and fair
reasoning. A just and fair legal system must be open-textured in the sense that
new rules and principles can be created role of law in modern justice system.

,B
The judge’s creative role in setting the rational standards through their judicial
pronouncements cannot be undermined. Though they are supposed to interpret

W
the law and not to make law or deficiencies in a particular law to which the case

LA
in hand before them relates, and laydown guidelines or suggestions to be make
the law perfect.

Sources of legal materials


OF

a. Enactments;- The enactment is an act of a parliament or state legislators


or any part therof. It is noun of the word enact which means to make into
GE

an Act or statute. A statute often provides that any reference therein to an


enactment is to be construced as a reference to that enactment as
LE

descended by any subsequent enactment. There is however, a


fundamental difference between the word Act or statute and enactment.
L

An Act or statute refers to the whole or complete body whereas an


CO

enactment may refer for the whole or a part of it depending on the


circumstances of the case.
Nature of statutory law : These are law expressed by waiting by the
N

sovereign body or under its delegated authority to enact how, it should


EE

fulfill certain requirements as is stated under our constitution. A draft


legislation should be placed before both the houses of the government
and obtain the consent by passing a resolution to that effect and also the
AM

assent from the president or governor of a state as the case may be


Parts of statutes
-

1. Title
AL

2. Preamble
3. Definition clause
4. Headings
5. Marginal notes

RE
6. Sections
7. Punctuation marks

O
8. Illustrations

AL
9. Proviso

10. Exceptions

G
11.Explanations

AN
12.Savings clause

,B
13.Schedule

B. Notifications:- These are the orders issued by the government to give

W
immediate effect. Such notifications require the gazette publications. It has the

LA
legal force when such publications are made. For implementation of
government orders the notification is required. It is said that democracy, its
power, moves through these notifications.
OF

i. gazette of India:- The current legislative material bills, acts, rules,


notification,, orders etc are published in the Gazette contains notifications
GE

relating to the resolutions and non-statutory orders issued by ministers of govt


of India, etc.
LE

Part I of the Gazette contains notifications relating to the resolutions and non-
statutory orders issued by ministers of govt of India etc,
L

Part II contains :- Acts, ordinances and regulations; Bills, reports of the select
CO

committee on Bills; central rules, by-laws. Etc by Ministers of govt of India,


statutory orders and notifications issued by such ministries etc.
N

Notifications issued by supreme court, U.P.S.C., auditor general, High courts,


EE

Patent office, statutory bodies and so on, are there in part III.

Part IV contains advertisements and notices by private individuals and private


AM

bodies. Statistical data is there in part V.

Though not all sections of the Gazette areof use for legal research, but a
-

researcher, by going through these materials can formulate his conclusions; he


AL

can approbate or reprobate the samc.


Judgement :- A Judgement is the result of application of law to the facts of a
given case. It is an expression of the ultimate opinion of the judge which he

RE
renders after due consideration of the evidence and arguments advanced before
him. It is intended to put a final end to the controversy involved in the matter so

O
that the dispute brought before the court by the parties is set at rest. Judgement

AL
can be defined as a means for delivery of justice. Sec 2(9) of civil procedure
code defines the judgement as a statement given by the judge on the grounds of

G
a decree or order.

AN
Whatever findings are reached by the judge at the end off the proceedings of an
original suit or trial, appeal or revision or any other wise proceeding in the
frame work of law is categorized as a judgement.

,B
The essential requirement of a good judgement or (structure of judgement ) are

W
as follows:-

LA
1. Beginning of the Judgement ( Title, name etc )

A judgement at the top of it should always contain the name of the court,
OF
title and number of the case. Case is being decided and also the name and
designation of the judge concerned. This is necessary so that it is known
as to case matters. The judgement pertains and has been decided by the
GE

court and judge. It should also contain the date of delivery of judgement

2. Opening of the judgement:- Facts of the case. A Judgement should


LE

begin the brief introduction of the case history such as what is its nature,
whether it is trial or an original suit, appeal or revision etc. If it is not of
L

original jurisdiction it should indicate as how and when it reached the


CO

stage of appeal or revision.


Case of the plaintiff/petitioner/appellant should be briefly mentioned
followed by the case of the defendant/ respondent.
N

3. Framing of issues or charges


EE

Issues will be framed if it is a civil case or charges will be framed in case


of a criminal case.
AM

Issues or charges will be framed on the basis of assertions and denials


made by the parties in their pleadings on material proposition of fact or
law. Along with this points for determination for decision and the reasons
-

for it should be made.


AL

4. Decision
The judge should record his finding on each of the issue by supplying his
own reasons and giving topic for his doing so and not just accepting the

RE
case of one party or rejecting that of the other. The judgement should be
reasoned and should not be unnecessary longish.

O
AL
5. Operative part
Judgement will finally record the result of the determination either

G
granting relief or refusing to grant such relief in civil cases and convicting
or acquitting the accused in criminal case. In criminal case the quantum

AN
of sentence will be mentions.
6. Signature

,B
Name of judge, designation and date of signing.
e. Reports Of The Commission

W
In a present day society , the commission has assumed very significant role. The

LA
central as well as state government constitutes law commissions to examine and
propose reforms in the existing laws or to propose a new set of rules for a
situation already arisen or likely to arise in respect of which there is no law.
OF
After examinations of the laws, the commission submits its report to the
concerned authority. The report of such commission plays important role and
hence researchers must examine the proposal put forward by the commission
GE

and critically evaluate to what extent it is feasible or relevant for the proposed
law.
LE

Where To Find And How To Find Legal Materials


L

The researchers, judges, legal practitioners, teachers and the students of law
CO

often involved in search of law to be applied to a case in hand. To find out such
materials, a systematic or an order search is required.

a. Primary and secondary sources;- A source from which the authoritative


N

rule is drawn is a primary source. The rest of them are secondary sources.
EE

Primary sources are mainly legislations and precedents. They are found in the
AM

statutory materials and the case reporters respectively. The statutory materials
include legislative enactment of the union and state legislatures and subordinate
legislations framed by the executive from time to time.
-
AL

The secondary materials possess only a persuasive value, in arriving at a


judicial decision. However these materials would also help a lawyer to persuade
a court to apply a rule drawn from them to a case in hand. Though text books,
commentaries, encyclopedias and treatises, popular reports are not primary

RE
sources, they may have some persuasive value and apply the same in the court
of law. Both primary and secondary source are available in a law library.

O
AL
Law library and how to use it :- Library is not just a place where books are
housed, but it is a place where books are classified and placed in an orderly
manner so as to provide easy access to the reader.

G
The law library is truly a vital factor in the administration of justice, an

AN
institution of extraordinary social significance in a free society.

A researcher desirous of using library should be acquainted with the procedure

,B
to use it. A reader begins work with textbooks and reference books. Books are
arranged in the library subject- wise and each book is assigned a number as per

W
the classification scheme adopted by the library. Two catalogue cards for each

LA
book are prepared. One card is prepared according to the subject or call number
and the other in alphabetical order of the authors and titles. A researcher first to
find out the catalogue card and then he would be able to find out call number of
OF
the book and from that he can easily reach the book. Therefore to find out a
book ascertaining the call number is essential.
GE

Law reports like AIR, SCC, SCR, SCJ are kept separately and arranged year
wise and in each case there are more volumes than one, then they are arranged
LE

in the ascending order; i.e., vol 1, vol2, vol3 etc.

Legal periodicals, government publications other legal literatures, journals etc


L

are also housed in the library. These materials also arranged in a systematic
CO

manner in the library. It can be searched in the similar manner as is stated


above.

In case of searching a case law, if we have a citation our task to search a case
N

law is lesser, where as, we have no citations then look forward towards either
EE

subject index or case index to search a relevant case. Therefore a well-equipped


law library is must to a legal researcher.
AM

Non – legal sources.

Apart from the legal materials available from primary and secondary sources, a
-
AL

researcher in the field of law also needs to collect supporting information to


substantiate his views and findings. He collects this information through non-
legal sources such as traditions, customs or community practices prevalent in
the society.

RE
The methodology to be adopted for legal research inevitably involves the study

O
of variables such as societal norms and values and impact of relevant laws on

AL
the society. In short, legal research methodology encompasses within it legal as
well as non-legal sources combined together for proceeding with the research in
hand.

G
Briefly stated, a legal research methodology invariably involves the study of

AN
legal as well as non-legal source. The legal sources may be primary or
secondary. The primary legal sources material is to be found in codes, acts,

,B
rules, regulations, ordinances etc. whereas the secondary legal sources may law
reports, journals, treaties, commentaries, digests of cases, encyclopaedias etc.

W
The non-legal sources, on the other hand are to be found in customs, traditions,
practices prevalent in the society for which field investigation has to be
conducted by the researcher.
LA
Conclusion
OF

Legal materials are important source for lawyers, judges and teacher. As a
consequences legal materials are sources contains case study, enactment,
GE

notifications and law reports is very important.


L LE

Short notes
CO

a. Obiter dictum :- are the observations made by the judge which are not
essential for the decision reached. According to prof. Patterson, obiter
N

dictum is a statement of law in the judgement which could not legally be


a major premise of the selected facts of the decision.
EE

According to goodhart, obiter dictum is a conclusion based on a fact, the


AM

existence of which has not been determined by the court. There is a


distinction between statements based on facts, the existence of which is
denied by the courts and statements based on a fact, the existence of
-
AL

which has not been determined by the court. The latter may arise where
the court gives a preliminary ruling on a point of law on assumed facts,
the ruling of which can be regarded as ratio decidendi and the former are
purely obiter dicta.

RE
Obiter dicta are of merely persuasive efficacy. The observation of a judge
of great eminence must carry weight particularly if the observations are in

O
keeping with the provisions of an enactment. The weight accorded to

AL
dicta varies with the type of dictum. Mere casual expressions carry no
weight at all. On the other hand, dicta which have been acted upon over

G
the years may acquire increasing respect. A dictum may also be adopted
as the ratio decidendi of a subsequent decision and will then acquire the

AN
authority of that tribunal. A distinction may be drawn between obiter
dicta, those irrelevant to the case which are called gratis dicta and judicial

,B
dicta, those relevant to some collateral matter but no part of the ratio. The
latter will generally be more persuasive than the former. Thus,

W
pronouncements of law, which are not part of the ratio decidendi are
classed as obiter dicta and are not authoritative.

LA
Ratio and dicta tend to shade into each other. The rationes have law
quality and are binding on lower courts, the dicta too, have law-quality,
but are not binding at all. Though rationes of a higher court are binding
OF

on of lower courts, the rationes of lower court decision have only


persuasive force in higher courts like that of a dictum. Some dicta are so
GE

authoritative that the decision between ratio and dictum is reduced to


vanishing point. Dicta which have no force, are propositions stated by
way of illustration or a hypothetical facts.
LE

b. Interview Method :-The interview is the oldest and most often used
L

device for obtaining information among human beings. As a data


CO

gathering technique, it is a verbal method of securing data. It is a


conversation with a purpose. It may be conducted face to face or over the
telephone or through internet process. Interview technique can be used
N

both for the illiterate and the educated respondents. It is a face to face
EE

interpersonal role situation in which one person (the interviewer) asks


the person being interviewed (the respondent) questions designed to
AM

obtain answers pertinent to the research problem. Interview consists of


verbal responses between two or several persons.
-

The shorter oxford english Dictionary defines Interview as a meeting of persons


AL

face to face, especially for the purposes of formal conference on some point.
According to V.M. Palamer, Interview constitutes a social situation between

RE
two persons. As a psychological process, it requires both individuals to
mutually respond. It is not a simple conversation between an interrogator and
informant. The latter’s gestures, galances , facial expressions and pauses also

O
reveal subtle aspects.

AL
John Madge points out that the interview is a purposive conversation. The
purpose may vary widely in order to include the necessary information.

G
According toPaulin v Young Interview is a systematic method by which a

AN
person enters more or less imaginatively into the life of a comparative stranger.

Brown and Ghiselli say The term interview stands for a generic concept which

,B
includes a variety of procedure used in collecting data through a person to
person contact between an interviewer and a respondent.

W
Goode and Halt say Interviewing is fundamentally a process of social
LA
intervention. Interview is a method of data collection mainly through the verbal
interaction between the respondent and the interviewer.
OF
Harder and Lindman say Interview consists of dialogue or verbal responses
between two persons or between several persons.
GE

Characteristics of interview
LE

6. Interview is a social contact to study human behaviour


L

7. It has got a definite objective, securing certain information


8. It involves face to face contact between the interviewer and respondent.
CO

9. It is way of finding out problem in a social research


10. It is an oral verbal method of securing data.
N

The success of interview is based on three aspects


EE

4. It depends on the capacity of the interviewer to build rapport with the


respondent.
AM

5. The right type of questions should be asked in the right manner.


6. Recording of the responses properly and accurately at the time of
interview.
-
AL

Types of interview
a. Structured interview (formal, controlled, guided or direct interview) :-

RE
The interview based on the pre-determined questions and the
standardized techniques is called the structured interview. In interview
process everything is standardized. The response patterns are also

O
standardized. The questions will be mostly close-ended where the

AL
alternative responses are given for the choice of the respondents. In
structured interview, the questions, their sequences and their wording

G
are defined. Here the number and nature of questions are standardized.

AN
The structured interview has the greatest advantage of uniformity and
precision. It provides safe basis for the generalizations. Interviewer’s

,B
bias is restricted. It is more methodical and easy to administer. But the
rigidity of the process makes it mechanical, sometimes, defeating the

W
purpose itself.

LA
b. Unstructured interview (informal, uncontrolled, unguided or undirected
interview) :- The unstructured interview is based on flexible and non-
pre-determined questions. The interviewer bases his interview on the
OF

purpose rather than the form. The unstructured interviews involve


relatively much lesser standardization or relevant techniques and
GE

operations. The content, sequence and wording are entirely in the hands
of the interviewer. The interviewer is given more freedom to choose the
form depending on specific situations. It is generally held in form of free
LE

discussion or story type narrative. Open-end questions are being asked.


L

The interview is adjusted to the level and conditions of the respondent.


CO

The wording and the sequence of questions are changed keeping in view
the response pattern. This type of interview lays emphasis on the purpose
rather than form. The discussions with respondents are more informal in
N

nature mainly aimed at collecting the maximum information.


EE

c. Report writing:- The legal research report is the statement that contains
AM

in brief the procedure adopted and the findings arrived at by the


researcher of a legal problem. A legal report is not a complete
description of work done by the researcher. It is only a brief statement of
-
AL

most significant facts that are necessary for understanding the


generalizations drawn by the investigator. After the collected data have
been analysed and interpreted and various generalizations have been
drawn, the report has to be prepared. It is the last phase of the research.

RE
A vast planning and preparation is necessary for writing the report. Writing

O
report requires considerable thought, effort, patience and penetration. Writing a

AL
legal research report is a technical activity which demand skills and patience
from the researcher. The report should focus on the target audience. Report
should be simple, interesting and lucid. Only hard and patient work on the facts.

G
Careful and critical assessment and intelligent planning of the organization of

AN
the report can facilitate the communication. There is no standard criterion for
the organization of legal report.

,B
Purpose Or Importance Of A Report

1. .The purpose of a report is not communication with oneself but

W
communication with the audience. The purpose of a report is to convey to

LA
the interested persons the whole result of the study in sufficient detail in
orderly manner. The main aim of the thesis writer is accuracy and truth.
He should conform himself to the validity of conclusions. The purpose of
OF
a report is thus the spread of knowledge, broadcasting of generalizations
so as to ensure their widest use.
GE

2. A report also creates ground for hypothesis and leads to further research
on the same or allied problems. The report will generally be conformed to
LE

the objects of the study of the problem. Suggestions will be given to


researchers to study the items of gaps or additional items which are traced
L

out in the present study.


CO

3. The research is sometimes undertaken at the instance of a third party


which is interested in the problem. The report of such a research is not
N

meant for the general public but for their practical purpose. The
EE

sponsored persons are simply interested in the result and findings only.
AM

Structure Of Legal Research Report

1. Cover page
-

2. Certificate
AL

3. The contents page


4. Chapter one : Theoretical Background or review of literature
5. Chapter two : Research methodology of the study
6. Chapter three : The Analysis and Interpretation of Data

RE
7. Chapter four : Major Findings, conclusions and suggestions
8. Annexure one : interview schedule, questionnaire, observation

O
schedule.

AL
9. Annexure Two: Bibliography
10. Annexure Three: Relevant documents, legislations, secondary data

G
AN
Report Writing

1. The form, the content and style of the report

,B
2. Reliability of the report in the context of objectives.
3. Analysis of the report

W
4. Interpretation of data
5.
6. LA
Correct usage of citation, reference and bibliography
Chapterisation
OF

Steps To Facilitate A Good Organization Of The Research Report


GE

i. Full acquaintance with research notes and organizing it properly


ii. Adequate thought about the structure of the report-reflecting thinking
LE

and
iii. Formation and control over notes; while organizing research notes, the
following points may have to be followed by the researcher
L

1. The cards on which notes were taken down, have to be assorted


CO

and arranged topically


2. After organizing the notes, the researcher should consider the
adequacy of the notes; if it is found that the notes.
N
EE

FORMATION OF SATISFACTORY OUTLINE

The outline of the report is the skeleton of the text. It should include all
AM

important aspects and be elaborate. M.H.Gopal suggests the following points to


be observed while planning an outline
-

1. It should be as detailed as possible


AL

2. It should not be vague


3. It should fulfill the consideration of chronology, topical unity coherence
and relevancy

RE
4. Each paragraph should contain one major data.

O
AL
ARRANGEMENT OF IDEAS

1. Arrangement of ideas and systematic presentation are the needed steps.

G
2. The skillful writer leads his reader step by step through a well organized
analysis of problem

AN
3. Headings should be specific, brief and represent the content.
4. Logical relationship of various points can be brought out by appropriate

,B
headings and sub-headings.
5. There must be uniformity and consistency in the presentation of ideas.

W
STYLE AND LANGUAGE

LA
A research report is essentially a scientific document, and hence must be clear,
accurate and precise. Confusion, ambiguity, pretentiousness and pomposity
OF
must be carefully guarded against by a researcher. Generally, speaking, the
emphasis should be on clarity, correct exposition, expression and simplicity.

Style is an important means of transport of ideas. Clear presentation is required


GE

for clear thinking. There must be clarity of thought. Flows in style obstruct the
view or distract the reader.
LE

The language should be simple and faultless. Too frequently faulty sentence
structure, illogical paragraphing, poor punctuation, incorrect spelling and other
L

variations of usage render an otherwise promising manuscript virtually


CO

worthtless.

There must be brevity, economy of words and concentration of ideas. Repetition


N

and superfluousness will obstruct the lucidity of the report.


EE

Readability is another factor which a researcher should keep in mind while


writing a report. Sentences should not be too complex nor crammed with
AM

jargons.

.
-

d. Case study method - The scientific socio-legal research, statistical


AL

survey method and case study method are being used. The statistical
method is used in the case of large scale collection of facts. Case study

RE
method is more suitable for the study for fewer persons and to find out
the root cause for a particular problem. Case study ,method is the oldest
method. Frederic Le Play introduced this method in social scientific

O
investigation. Herbert spencer used this method in his comparative

AL
studies of different cultures.

The term case study has been defined vividly by eminent persons. The term case

G
means means a unit of study.

AN
According to P.V.Young case study is a method of exploring and analyzing of
life of a social unit, be that a person, a family, an institution, cultural group or

,B
even entire community.

According to Goode and Hatt case study is a way of organizing social data so

W
as to preserve the utility character of the social object being studied. Expressed

LA
somewhat differently it is an approach which views any social unit as a whole.

According to stuart A. Queen the case study is the examination of a single


OF
situation, persons, groups or institutions as complex whole in order to identify
types and process.

According to James A.Black and Dean J.Champion, case studies are usually
GE

characterized as thorough examinations of specific social settings or particular


aspects of social settings including in varyind details psychological descriptions
LE

of persons in these settings.

According to Elmer case study is the analysis of an abstract phase or


L

experience usually performed in the interest of describing some quality in the


CO

experimental whole.

Robert K. Yin states The case study research method is an empirical inquiry
N

that investigates a contemporary phenomenon within its real-life context; when


EE

the boundaries between phenomenon and context are not clearly evident and in
which multiple sources of evidence are used.
AM

Characteristics of case study method

 Unit of study, i.e., the case may be an individual, an episode in a


-

person’s life, a group of persons such as a family or a class of persons


AL

such as the habitual offenders or professional demonstrators, a


concrete set of relationship like the labour management relations, a

RE
specific process like rehabilitation of the displaced or community, an
institution or even an entire culture.
 Case study aims at deep and detailed study of the unit. The unit is

O
considered as a complex whole and unique. Goode and Hatt have

AL
suggested the following measures to keep the wholeness of the unit:
 A broad array of data should be collected about unit.

G
 The data of sociological, economic, political and even biological
aspects that are relevant to the problem should be collected

AN
 The unit should be studied as a representative type or index and not
purely as individual unit.

,B
 The study should cover a continued period relating to the problem.
 Case study covers a sufficiently wide cycle of time. According to

W
P.V.Young case study data may be gathered exhaustively on the entire
life cycle or on a definite section of the cycle of a unit but always with

LA
a view of ascertaining the nature, history of the social unit and its
relationship to the social factors and faces involved in its
environment.
OF

The number of units should be small. The number may vary from a single
unit to be a few dozen or even a few hundred.
GE

 The case study method is mainly qualitative in character. A case is


non-comparable and yields non- quantitative data.
LE

 The essential characteristics of a case study include continuity,


completeness of data, validity of data, confidential recording and
L

scientific syntheses.
CO

 The case study intends to find out the factors that account for the
behaviour patterns of the given unit and its relationship with the
environment.
N
EE

According to palmer any case has three important characteristics

 Characteristics which are common to every individual in the species to


AM

which he belongs.
 Variations of these common attributes which are characteristics of
groups within the species.
-
AL

 Other characteristics which belong uniquely to the individual and


distinguish it from every other individual within the species.
J.L. Feagin, A Orun and G.A. Sjoberg describe the following characteristics of

RE
case study.

1. The case study strives towards a holistic understanding of cultural systems of

O
action. Cultural systems of action refer to sets of inter-related activities

AL
engaged in by the actors in a social situation.

2. The case studies must always have boundaries.

G
3. case study research is not sampling research.

AN
4. case studies tend to be selective, focusing on one or two issues that are
fundamental to understanding the system being examined.

,B
5. case studies are multiperspectual analysis. This means that the researcher

W
considers not just the voice and perspective of the actors, but also of the
relevant groups of actors and the interaction between them.

Basic assumptions of case study LA


f. A unit is indivisible whole and cannot be studied in its wholeness.
OF
g. A particular unit has its uniqueness and nothing exactly like it is to be
found elsewhere but it is not different from other units in all respects.
h. Socio-legal phenomena is not only a total whole, it is very complex also.
GE

i. Socio-legal phenomena are influenced by time also.


j. In gathering case data, the identity of human nature persists.
LE

Sources of case data


L

1. Personal documents :- Public figures, generally, keep diaries, write their


CO

autobiographies or memoirs. These documents contain the description of


the events and their reactions towards them with direct involvement or as
a witness of a distant spectator. They reveal direct information regarding
N

the structure, dynamics and nature of the problem.


EE

e. Life history documents:- life history is the study of various events of


respondents life together with attempt to find their social significance.
AM

Life history differs from pure historical narrative facts. While pure
narrative aims at narrating the facts only, life history aims at revealing
the meaning and significance of the events in the context of motivating
-

factors of social life. Life history data is generally gathered through


AL

prolonged interviews with the respondents. Various others methods may


be adopted to gather correct information such as periodical conferences,

RE
impromptu conversations, dramatic productions, observation and
postexperimental interviews to more complicated processes like
experimental studies, a wide range of tests including hypnotic tests, tests

O
of ability, tests of aesthetic appreciation, emotional conditioning, social

AL
reaction to frustration, imaginal productivity and psychological insight,
etc.

G
AN
,B
W
LA
OF
GE
L LE
CO
N
EE
AM
-
AL