LLM (1st Sem.

), Examination, 2019
PAPER – IV
LEGAL EDUCATION AND RESEARCH METHODOLOGY
(Paper Code : L-1004)
Time: 3 hours Max.M:100
Attempt any five questions .All the questions carry equal marks.
Q.1) Define Hypothesis. Is Hypothesis necessary in Legal Research? What are the Sources
of Hypothesis?
A hypothesis is a tentative relationship between two or more variables which direct the research
activity to test it. A hypothesis is a testable prediction which is expected to occur. It can be a
false or a true statement that is tested in the research to check its authenticity.

Sometimes, it is very difficult to start a research without having a valid foundation. Hence, the
research builds a logical relationship between various phenomena to start working on the
research. This logical relationship is relevant to the theme of the research. This logical
relationship between various phenomena is called a hypothesis. This logical relationship or
testable assumption gives a direction to the research, specifies the focus of the research and helps
in framing research techniques

Importance of Hypothesis
It gives
1. a direction to the research.
2. It specifies the focus of the researcher.
3. It helps in devising research techniques.
4. It prevents from blind research.
5. It ensures accuracy and precision.
6. It saves resources – time, money and energy.

Following are the main sources of hypothesis.

1. Personal Experience
2. Imagination & Thinking
3. Observation
4. Scientific Theory
5. Previous Study
6. Culture

Previous Study
Previous study is also a source of developing a concrete hypothesis. If a researcher uses previous
knowledge about a phenomenon for a particular place, then another researcher followed his
techniques and formulates his own. For example increase in fertilizers and irrigation leads to
higher production in agriculture in District Mardan. Now another researcher studies his work and
applies it to another District Nowshera.
Personal Experience
On the basis of his personal experience he uses his mind and suggests some points for the
eradication of a social problem through developing a good hypothesis. Greater the researcher
experience lead to higher degree of formation.
Imagination & Thinking
Creative thinking and imagination of a researcher sometimes help in formulating a good
hypothesis. Personal ideas and the thinking capabilities of a researcher would lead to greater
number of hypothesis formulation as well as control over the problem.
Observation
In consideration and undertaking a research problem, observation is necessary. The collection of
previous facts and current facts related to the problem lead to the formulation of a good
hypothesis.
Scientific Theory
Theory is capable in explaining all the facts relating to the problem. Scientific theory is a fertile
source of hypothesis formulation. The theory which is used by a researcher may satisfied the
needs of making it, because theory explains the known facts.
Culture
Culture is the accumulation of ways of behaving and adoption in a particular place and time.
While formulating a hypothesis for a problem, culture should be studied. If we want to study
trends towards female education in a particular area, for this purpose we will study, traditions,
family system, Norms, Values, region and education system of that area.

Q.4) What is the difference between Doctrine and Non-doctrinal Research? Briefly analyse
advantages and limitations of each. “Research Design is the plan of the Research Project. It
outlines basic steps the Researcher will follow and sets defined goals the Research is
intended to achieve.” Elaborate.
The word “doctrine” has derived from the Latin noun “doctrina” which means instruction,
knowledge or learning. Doctrinal Legal Research is research into legal rules, doctrines,
principles and concepts. It involves a rigorous systematic exposition, analysis and critical
evaluation of legal rules, principles and doctrines and the inter-relationship among them. It is
concerned with critical review of legislations and of decisional processes and their underlying
policy. A doctrinal researcher takes secondary data which is relevant to his proposition.

Doctrinal Legal Research thus involves:-

(i) Systematic analysis of statutory provisions and of legal principles involved therein, or
derived there from, and
(ii) Logical and rational ordering of the legal propositions and principles.

ADVANTAGES OF DOCTRINAL RESEARCH:-

(i) In a Doctrinal Research, the researcher is always engaged in research work, analysis of case
laws and judicial pronouncements etc unlike that in case of non-doctrinal research. Also,
doctrinal research is less time consuming.
(ii) It provides the lawyers, judges and others with the instruments needed to reach a legal
decision.
(iii) Doctrinal Legal Research helps in continuity, consistency and certainty of Law. Such a
research contributes in our understanding of law, legal concepts, legal doctrines etc.
(iv) Such a Research provides quick answers to the legal problems.
(v) Such a Research helps in pointing out the inbuilt loopholes, gaps, ambiguities or
inconsistencies in the substantive law.
(vi) Doctrinal Legal Research always helps in forming a strong and solid basis for the Non-
Doctrinal Legal Research.
(vi) A Doctrinal Researcher systemizes the legal propositions that are a result of his rational
reasoning and critical analysis. In this process he may initiate a new Theory in the concerned
field of Law.
(vii) Doctrinal Legal Research helps in predicting how the legal principles, concepts or doctrines
would proceed in future.

DISADVANTAGES/LIMITATIONS OF DOCTRINAL LEGAL RESEARCH:-

(i) Doctrinal legal research is basically the result of individual analysis of a researcher and the
perception of a legal fact of one researcher may vary from another researcher. However, each
of these perceptions are equally convincing and logical. Thus, doctrinal legal research is
subjective in nature.
(ii) In the recent past where there has been an economic, political and social change, more
emphasis is given on the people and institution regulated by Law. Law has been attributed with
the role of social engineering. There are a number of facts which lie outside the legal system
which may be responsible for non-implementation or poor implementation of a given piece of
legislation. But, doctrinal legal research do not look into these factors. Doctrinal Legal Research
do not go beyond the sphere of Law.
(iii) In many cases it is seen that there is a gap between the actual social behavior and the
behavior demanded by the Legal norm. Doctrinal Legal Research do not address these gaps.
(iv) A doctrinal legal researcher puts emphasis on traditional sources of law and judicial
pronouncements of appellate courts. The actual practice of lower courts and administrative
agencies with judicial and quasi-judicial functions remain unexplored because their judgments
are not reported.
(v) In case of a doctrinal research, the researcher looks into statutory materials, judicial
pronouncements, case reports and principles or doctrines relating to it in order to deduce legal
propositions. His inquiry into Law however does not get support from social facts or values. As
a result, these kind of researches become merely theoretical and far away from social reality.
Such a research is incomplete and inadequate .

EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH : Conducting empirical research in

law has originated recently. Empiric means ‘relying solely on observation and experiment, not
theory’. The empirical research is carried out by collecting and gathering data or information by
a first hand study into the universe. The empirical research technique is also called as “fact
research”. Empirical research is an enquiry that attempts to discover and verify general rules
allowing us to understanding why human beings behave the way they do. The methods like
observation, interview, questionnaire, survey and case study are used to discover the human
conduct. All inquiries are not suitable to empirical methods. Any inquiry whose objective is to
determine what is good and what is evil cannot be empirically tested. The reason or this is that
the researcher cannot discover the admissible physical evidence.

(i) Advantages of Empirical Research :

1. It tries to find out the impact of non-legal events upon the legal decision.
2. It seeks to identify and appraise the degree of variables influence the outcome and
3. It tries to find out the effect of each decision on people and society as such. legal decision
making. The field of empirical research is wider and the availability of authoritative sources are
very less which involve several new techniques which are unknown to the research.

(ii) Limitations of empirical research :

1. Financial support is lacking.
2. Other disciplines had shed away from the study of legal order has been shed away
3. Due to their preoccupation with their profession, the contributions of legal
4. Legal researchers lack a tradition that enable them to strengthen the empirical
5. Lack of training in the use of techniques of this empirical research. Most of the steps by other
disciplines. academicians is very less. research. of research such as collection of data, field work,
formation of hypothesis, etc. are unknown to the legal researcher.
6. There is an unfavourable and arrangement attitude towards the empirical research. The use of
qualitative measurement techniques are very difficult to understand by legal researchers.

The research design is a framework for planning your research and answering your research
questions. Creating a research design means making decisions about:
 The type of data you need
 The location and timescale of the research
 The participants and sources
 The variables and hypotheses (if relevant)
 The methods for collecting and analyzing data
The research design sets the parameters of your project: it determines exactly what will and will
not be included. It also defines the criteria by which you will evaluate your results and draw your
conclusions. The reliability and validity of your study depends on how you collect, measure,
analyze, and interpret your data. A strong research design is crucial to a successful research
proposal, scientific paper, or dissertation.

Q.5) Discuss Observation as a tool of Data Collection along with its types, advantages and
disadvantages.
Observation method is a method under which data from the field is collected with the help of
observation by the observer or by personally going to the field. • In the words of P.V. Young,
“Observation may be defined as systematic viewing, coupled with consideration of seen
phenomenon.”

TYPES OF OBSERVATION
(i) Structured and Unstructured Observation• When observation is done by
characterizing style of recording the observed information, standardized conditions of
observation , definition of the units to be observed , selection of pertinent data of
observation then it is structured observation• When observation is done without any
thought before observation then it is unstructured observation
(ii) Participant & Non Participant Observation• When the Observer is member of the
group which he is observing then it is Participant Observation• In participant
observation Researcher can record natural behavior of group , Researcher can verify
the truth of statements given by informants in the context of questionnaire , Difficult
to collect information can obtain through this method but in this researcher may loose
 objectivity of research due emotional feelings. Prob. of control in observation isn’t
solved. Non Participant Observation• When observer is observing people without
giving any information to them then it is non participant observation
(iii) Controlled & Uncontrolled Observation• When the observation takes place in natural
condition i.e. uncontrolled observation. It is done to get spontaneous picture of life
and persons• When observation takes place according to definite pre arranged plans ,
with experimental procedure then it is controlled observation generally done in
laboratory under controlled condition.

Advantages and Limitations ‘Observation’ Method for Data Collection!

Advantages of Observation:
(1) Simplest Method:
Observation is probably the most common and the simplest method of data collection. It does not
require much technical knowledge. Although scientific controlled observation requires some
technical skill of the researcher, still it is easier than other methods. Everybody in this world
observes many things in their daily life. A little training can make a person perfect, to observe
his surroundings.
(2) Useful for Framing Hypothesis:
Observation is one of the main bases of formulating hypothesis. By observing a phenomenon
continuously, the researcher may get well acquainted with the observed. He came to know about
their habits, likes, dislikes, problems, perception, different activities and so many other things.
All these help him a lot to form a hypothesis on them. Any researcher, therefore, has to be a good
observer.
(3) Greater Accuracy:
In other methods like interview, questionnaire etc., the researcher has to depend on information
provided by the respondents. So these are indirect methods and here the investigator does not
have any means to examine the accuracy of the data supplied by them. But in observation the
observer can directly check the accuracy from the observed. He can apply various devices to test
the reliability of their behaviour. So very often the data collected through observation is more
reliable than these collected through interview or questionnaire.
(4) An Universal Method:
Observation is a common method used in all sciences, whether physical or social. So it has
greater universality of practice. As a common method, it is very easily followed and accepted.
(5) Observation is the Only Appropriate Tool for Certain Cases:
Observation can deal with phenomena which are not capable of giving verbal information about
their behaviour, feeling and activities simply for the reason that they cannot speak e.g. infants or
animals. Observation is indispensable for studies on infants who can neither understand the
quarries of the researcher nor express themselves clearly. In the case of animals observation is
the only way out. For deaf and dumb persons, for serious cases of abnormality or mad persons,
for non-cooperative persons, for too shy persons and for persons who do not understand the
language of researcher, observation will be the only appropriate tool.
(6) Independent of People’s Willingness to Report:
Observation does not require the willingness of the people to provide various information about
them. Often some respondents do not like to speak about themselves to an outsider. Some people
do not have time or required skill to provide important information to the researcher. Although
observation cannot always overcome such problems, still relatively speaking it requires less
active co-operation and willingness of respondents. Observation is ever possible without the
knowledge of the respondents.

Limitations of Observation:
(1) Some of the Occurrences may not be Open to Observation:
There are many personal behaviours or secret activities which are not open for observation. For
example, no couple will allow the researcher to observe their sexual activities. In most of the
cases people do not allow the outsider to study their activities.
(2) Not all Occurrences Open to Observation can be Observed when Observer is at Hand:
Such problems arise because of the uncertainty of the event. Many social events are very much
uncertain in nature. It is a difficult task on the part of the researcher to determine their time and
place. The event may take place in the absence of the observer. On the other hand, it may not
occur in the constant presence of the observer. For example, the quarrel and fight between two
individuals or groups is never certain. Nobody knows when such an event will take place.
(3) Not all Occurrences Lend Themselves to Observational Study:
Most of the social phenomenon is abstract in nature. For example, love, affection, feeling and
emotion of parents towards their children are not open to our senses and also cannot be
quantified by observational techniques. The researcher may employ other methods like case
study; interview etc. to study such phenomena.
(4) Lack of Reliability:
Because social phenomena cannot be controlled or used for laboratory experiments,
generalizations made by observation method are not very reliable. The relative-ness of the social
phenomena and the personal bias of the observer again create difficulty for making valid
generalization in observation. P.V. Young remarks that in observation, no attempt is made to use
instruments of precision to check the accuracy of the phenomenon.
(5) Faulty Perception:
Observation is a highly technical job. One is never sure that what he is observing is the same as it
appears to his eyes. Two persons may judge the same phenomena differently. One person may
find something meaningful and useful from a situation but the other may find nothing from it.
Only those observers who are having the technical knowledge about the observation can make
scientific observation.
(6) Personal Bias of the Observer:
The personal bias, personal view or looking at things in a particular way often creates obstacle
for making valid generalization. The observer may have his own ideas of right and wrong or he
may have different pre-conceptions regarding an event which kills the objectivity in social
research.
(7) Slow Investigation:
Observation is a time taking process. P.V. Young rightly remarks that the valid observation
cannot be hurried; we cannot complete our investigation in a short period through observation. It
sometimes reduces the interest of both observer and observed to continue their observation
process.
(8) Expensive:
Observation is a costly affair. It requires high cost, plenty of time and hard effort. Observation
involves travelling, staying at the place of phenomena and purchasing of sophisticated
equipment’s. Because of this it is called as one of the most expensive methods of data collection.
(9) Inadequate Method:
According to P.V. Young, “the full answers cannot be collected by observation alone”. Therefore
many suggested that observation must be supplemented by other methods also.
(10) Difficulty in Checking Validity:
Checking the validity of observation is always difficult. Many of the phenomena of observation
cannot be defined with sufficient precision and does not help in drawing a valid generalization.
The lack of competence of the observer may hamper validity and reliability of observation.

Q.6) Define Sampling. Discuss in detail various types of Sampling classified under the two
broad categories of Probability Sampling and Non-probability Sampling.
Sampling is defined as the process of selecting certain members or a subset of the population to
make statistical inferences from them and to estimate characteristics of the whole population.
Sampling is widely used by researchers in market research so that they do not need to research
the entire population to collect actionable insights. It is also a time-convenient and a cost-
effective method and hence forms the basis of any research design.
For example, if a drug manufacturer would like to research the adverse side effects of a drug on
the population of the country, it is close to impossible to be able to conduct a research study that
involves everyone. In this case, the researcher decides a sample of people from each
demographic and then conducts the research on them which gives them an indicative feedback
on the behavior of the drug on the population.

Types of Sampling: Sampling Methods

Any market research study requires two essential types of sampling. They are:
1. Probability Sampling: Probability sampling s a sampling method that selects random
members of a population by setting a few selection criteria. These selection parameters
allow every member to have the equal opportunities to be a part of various samples.
2. Non-probability Sampling: Non probability sampling method is reliant on a
researcher’s ability to select members at random. This sampling method is not a fixed or
pre-defined selection process which makes it difficult for all elements of a population to
have equal opportunities to be included in a sample.
In this blog, we discuss the various probability and non-probability sampling methods that can be
implemented in any market research study.

Types of Sampling: Probability Sampling Methods

Probability Sampling is a sampling technique in which sample from a larger population are
chosen using a method based on the theory of probability. This sampling method considers every
member of the population and forms samples on the basis of a fixed process. For example, in a
population of 1000 members, each of these members will have 1/1000 chances of being selected
to be a part of a sample. It gets rid of bias in the population and gives a fair chance to all
members to be included in the sample.
There are 4 types of probability sampling technique:
 Simple Random Sampling: One of the best probability sampling techniques that helps
in saving time and resources, is the Simple Random Sampling method. It is a trustworthy
method of obtaining information where every single member of a population is chosen
 randomly, merely by chance and each individual has the exact same probability of being
chosen to be a part of a sample.
 Cluster Sampling: Cluster sampling is a method where the researchers divide the entire
population into sections or clusters that represent a population. Clusters are identified and
included in a sample on the basis of defining demographic parameters such as age,
location, sex etc. which makes it extremely easy for a survey creator to derive effective
inference from the feedback.
 Systematic Sampling: Using systematic sampling method, members of a sample are
chosen at regular intervals of a population. It requires selection of a starting point for the
sample and sample size that can be repeated at regular intervals. This type of sampling
method has a predefined interval and hence this sampling technique is the least time-
consuming.
 Stratified Random Sampling: Stratified Random sampling is a method where the
population can be divided into smaller groups, that don’t overlap but represent the entire
population together. While sampling, these groups can be organized and then draw a
sample from each group separately.

Types of Sampling: Non-probability Sampling Methods

The non-probability method is a sampling method that involves a collection of feedback on the
basis of a researcher or statistician’s sample selection capabilities and not on a fixed selection
process. In most situations, output of a survey conducted with a non-probable sample leads to
skewed results, which may not totally represent the desired target population. But, there are
situations such as the preliminary stages of research or where there are cost constraints for
conducting research, where non-probability sampling will be much more effective than the other
type.
There are 4 types of non-probability sampling which will explain the purpose of this sampling
method in a better manner:
 Convenience sampling: This method is dependent on the ease of access to subjects such
as surveying customers at a mall or passers-by on a busy street. It is usually termed as
convenience sampling, as it’s carried out on the basis of how easy is it for a researcher to
get in touch with the subjects. Researchers have nearly no authority over selecting
elements of the sample and it’s purely done on the basis of proximity and not
representativeness. This non-probability sampling method is used when there are time
and cost limitations in collecting feedback. In situations where there are resource
limitations such as the initial stages of research, convenience sampling is used.
 Judgmental or Purposive Sampling: In judgemental or purposive sampling, the sample
is formed by the discretion of the judge purely considering the purpose of study along
with the understanding of target audience. Also known as deliberate sampling, the
participants are selected solely on the basis of research requirements and elements who
do not suffice the purpose are kept out of the sample. For instance, when researchers
want to understand the thought process of people who are interested in studying for their
master’s degree. The selection criteria will be: “Are you interested in studying for
Masters in …?” and those who respond with a “No” will be excluded from the sample.
 Snowball sampling: Snowball sampling is a sampling method that is used in studies
which need to be carried out to understand subjects which are difficult to trace. For
example, it will be extremely challenging to survey shelterless people or illegal
 immigrants. In such cases, using the snowball theory, researchers can track a few of that
particular category to interview and results will be derived on that basis. This sampling
method is implemented in situations where the topic is highly sensitive and not openly
discussed such as conducting surveys to gather information about HIV Aids. Not many
victims will readily respond to the questions but researchers can contact people they
might know or volunteers associated with the cause to get in touch with the victims and
collect information.
 Quota sampling: In Quota sampling, selection of members in this sampling technique
happens on basis of a pre-set standard. In this case, as a sample is formed on basis of
specific attributes, the created sample will have the same attributes that are found in the
total population. It is an extremely quick method of collecting samples.

Q.8) Write a detailed critical note on Report Writing.

Report writing is a formal style of writing elaborately on a topic. The tone of a report is always
formal. The audience it is meant for is always thought out section. For example – report writing
about a school event, report writing about a business case, etc. Today we shall learn about the
essential elements of Report Writing.
Essential Elements to Report Writing
From the previous section, you must have gotten a tiny idea of what Reports are like. Let’s break
it down further here extending from that point
 Reports are written with much analysis. The purpose of report writing is essential to
inform the reader about a topic, minus one’s opinion on the topic. It’s simply a portrayal
of facts, as it is. Even if one gives inferences, solid analysis, charts, tables and data is
provided. Mostly it is specified by the person who’s asked for the report whether
they’d like your take or not if that is the case.In many cases, what’s required is your
suggestions for a specific case after a factual report. That depends on why are you writing
the report and who you are writing it for in the first place. Knowing your audience’s
motive for asking for that report is very important as it sets the course of the facts focused
in your report. You will know what we mean in further chapters where we actually
explain this with examples.
 write-up flows like – introduction, body, conclusion and summary. The layout is pretty
crisp with a title page, numbered subheadings, clear bulleted points, recommendations,
references, appendices, dates, and timings reported exactly sometimes, and so on. This
format stays consistent throughout.
 All your facts and information presented in the report not only have to bias-free, but they
also have to be a 100% correct. Proof-reading and fact-checking is always what you do as
a thumb rule before submitting a report.
Guidelines for Report writing
the document provides an outline for our annual business. Please follow this format when
preparing your case reports.
1. Contents
The report should begin with a table of contents. This explains the audience, author, and basic
purpose of the attached report. It should be short and to the point.
2. Executive Summary
The second page of the document must have a report title at the top, and provide an executive
summary, that is a paragraph or two that summarizes the report. It should provide a sufficient
overview of the report so that an executive (who doesn’t have the time or energy to fully read
through the long report) can actually grasp the main points beforehand.
Most importantly, the summary should contain (a) the purpose of the report, (b) what you did
(analysis) and what you found (results), and (c) your recommendations. These recommendations
should be short and not go beyond a page.
3. Report
Next page in the report must contain a title at the top (the same title that you put on the top of the
previous page. This is the first page that should actually be numbered, and it should be page 2 (as
the table of contents is not technically part of the report).
 This part introduces the reader to your report, sets the purpose in place and broadly plates
out the content of your entire document.
 Throughout your report, keep breaking points and starting off a new logical thought with
a numbered sub-heading
 A conclusive paragraph ties up all the information written before and leaves room for
inferences if any
 The length of the body of the report will be determined by necessity to convey the
analysis and conclusions, but should generally not exceed 10 pages.
 Tables and figures must all be labeled.
 References could be cited in footnotes, or in a separate “References” section, if they are
many or if you prefer that format.
Remember there’s a format that’s structure-wise similar but some of your sections are actually
your preferences. For being on the safe side, it’s always better to be extra careful in your initial
report writing days and eventually, your style will evolve from there. Stay tuned, we got a lot
more fun report-writing to do.