It also helps researchers follow a consistent logic in research and prepare them for potential challenges. Methodology is also an important way to gain reliable and valid knowledge and explore the relationship between theory and practice. Because in quantitative research, researchers use a number of statistical methods and generalizations to determine the meaning of the data. This was the dominant strategy for conducting research in social law. Quantitative methods often test or verify existing theories or hypotheses. Using machine learning and AI analytics tools, LexisNexis helps lawyers find the best information, interpret research findings, and develop the research they need to get a strong and compelling case. LexisNexis focuses on the unique qualities of your businesses and the right combination of products LexisNexis is committed to meeting your firm`s legal research needs, regardless of your field of activity or size. As essential steps in the methodology, legal research analysis assesses which legal terms may be relevant, finds primary and secondary sources, synthesizes relevant principles, and applies them to the research problem. The methodology of legal research is simply a way to address and explore unresolved legal issues or problems. Legal research methods are techniques used to acquire, analyze, interpret and apply legally relevant information to solve future problems and present the results. Qualitative research focuses on the explanation, interpretation and understanding of phenomena, problems or things. It is the subjective assessment of the social or legal problem, situation and attitude.
It is based primarily on human perception and understanding. The Principles are broad statements of fundamental and enduring values related to qualified legal research, as supported by the American Association of Law Libraries. Standards offer a number of more specific applications of these standards or habits that demonstrate commitment and realization of the principles. Competencies are activities that demonstrate knowledge and skills. Competencies provide concrete measures or indicators for the success of the skills required to meet the standards. Methodology is the formed and scientific study of the principles and facts of each subject. The methodology helps readers understand research methods to discover the truth and assess the validity of the results. The methodology is a systematic survey that provides information to guide legal research. Another popular distinction is between pure educational research and non-doctrinal or empirical research. Legal research is also important for a lawyer who should be familiar with the areas of law in which they claim to have expertise as a true problem solver. It is undeniable that a lawyer must represent a client competently. Each lawyer must use basic legal research tools and implement an effective and efficient research plan to ensure competent representation.
Shepardizing®: The process of consulting with Shepard`s citation® service to see if a case has been lifted, confirmed, questioned or cited by subsequent cases, or is likely to be treated negatively. Your search should set a precedent. The use of reverse or invalidated authority is not considered a “good law” and your search may be ineffective or detrimental to you. It aims to explain various aspects of the legal system, the legislative and judicial process, and the nature and function of law in society. Legal research also focuses on “the understanding and inner coherence of legal concepts and legal thought. As a result, empirical or interdisciplinary legal research has developed as a distinct type of jurisprudence in law schools in Western countries to study law in a broader social and political context. This empirical and interdisciplinary legal research uses a number of methods used in the social sciences and humanities. According to Epstein and King, C. An informative lawyer understands when the research has answered all the questions asked and when it provides sufficient context to explain or support a conclusion.
C. An information lawyer confirms and validates the results of the research taking into account the existing work results and expertise. The main advantage of the qualitative method is that the qualitative analysis relies on the interpretative skills of the researcher and opens up the possibility that more than one explanation is valid. Importance of legal research Research involves a scientific and targeted investigation or investigation of a problem or disciplinary issue. Similarly, legal research is a scientific investigation into a legal problem or problem and the process of gathering evidence or information to establish a hypothesis or to test certain hypotheses. Research aims to add new knowledge to the body of existing knowledge in an area of interest. The legal research process follows three steps. We will explain each one in detail. More recently, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and lack of flexibility to adapt to different contexts in which legal issues or situations arise and function. Research methodology is not an objective, but must fit into the structure of the subject`s objectives, questions and arguments, which leads to good research. The whole purpose of any judicial inquiry at the practical level should be to reach a legally substantiated and solid conclusion of a particular situation. Legal research processes vary by country and legal system.
Legal research is constantly evolving and your work is never finished. By following this three-step process, make sure you take the right steps to find the most accurate, relevant, and valuable data to achieve your goals. First, quantitative data is collected by various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher`s values. Most doctrinal legal research is based on the “black letter law” approach, which focuses on the knowledge of the law found in legal texts, legal theories, laws, and court decisions with “little or no reference to the world outside the law.” Data can be collected from questionnaire surveys, fact-finding requests and interviews.
