Research Methodology

Synopsis
1) Introduction 2) Meaning 3) Objective 4) Methods of Finding Law 5) Types of Legal Research a) Regulatory Research b) Legislative History Research c) Case Law Research d) Electronic Research 6) Need of Computerized Legal Research 7) Advantages a) Background b) Automatic Searching c) Remote Access d) Storage 8) Disadvantages 9) Conclusion

1) Introduction :No doubt, mastering legal research is a primary element in achieving success and growth in the legal profession. Our law school studies do not emphasize legal research as an essential component in the curriculum and thus students, legal professionals, legal researchers and the person so concerned are unprepared to consider the larger picture of law practice - resolving legal problems and the act of legal research have become increasingly challenging and complicated to the legal professionals, legal researchers and the students. As we know, that legal research can either make or break a case. Thus a legal professional discovers that learning about the legal research process means learning the tools of legal trade.Law is the entire body of rules of conduct created by the government and enforced by the authority of government.Before we begin with legal research, an explanation must be made on how the law relates to our government system. Legal research makes sense when we understand how particular law books relate to the legal and political institutions that create law. The Constitution of the Kingdom of Nepal provides that our government be divided into three branches: such as legislative, executive and the judiciary. The each of the branches has a particular role in making laws. All the same, there is a system of check and balances, which illustrates the interplay among the three branches. The legislature is composed of the National Assembly, House of Representatives and the king enacting laws or Statutes. The executive branch, which is headed by

the Prime Minister of the Council of Ministers, is charged with the enforcement of laws in cooperation with its different agencies. Since the various department and administrative agencies under Executive body are assigned to implement the laws. In the past few years, many new resources have been put up on the Internet that facilitate legal research work. The sheer number and variety of resources can sometimes make it difficult to determine where to start, how to choose among similar resources, and how to keep up-to-date on available resources. The present guide is intended to explain why the Internet is useful for legal research, and describe some of the major resources available on the Internet for researching the law of the United States and other countries, comparative law, and international law. It will conclude with some tips for the net-traveling researcher. There are administrative agencies, which belong to the Executive but are empowered either by the Constitution or Statue to hear and decide certain classes or categories of cases and thus, exercise quasi-judicial powers. Examples of quasi-courts created by the Constitution are the Public Service Commission, Election Commission, Land Reform Officer, Civil Aviation Authority of Nepal and Commission for Investigation of Abuse of Authority etc. Their decisions may be appealed in the Court of Appeals and the Supreme Court. This is a descriptive and analytical research; therefore, this research paper will be based on a few primary sources and primarily on secondary sources published in national and international periodicals, books and other sources.

2) Meaning of legal research:Legal research is the field of study concerned with the effective marshaling of authorities that bears in a question of law 1)The systematic investigation of problems and matters concerned with such as codes, acts etc. is called legal research. 2)Legal research is an investigation directed to discovery of some fact; carefulstudy of a subject." 3)Keeping in view to the said definitions, we can say here that legal research is an act that discovers the legal principles relevant to a particular problem and it is the foundation for good legal advice.

3) Objective of legal research:As we know that, all research has its objective and this objective is the collection of authoritative material relevant to problem. These authoritative materialscomprise legislation in force and judicial decisions. Judicial decisions need to be divided into (a) binding and (b) persuasive authorities. They are binding if they meet the following conditions: They are decisions of a higher court (or, sometimes, a court of coordinatestatus) in the same jurisdiction; and There are theoretical and practical difficulties in determining when a decision is directly relevant. If either or these conditions is unsatisfied the decision is merely persuasive.

It may be objected that this statement of the basic objective of legal research places and undue emphasis on litigation and that the vast majority of situations in which a legal professional is consulted are situations win which no litigation is contemplated and in which none occurs. In such circumstances, comprehensive legal research may involve an inordinate use of the offices resources. They reply to this is obvious. Legal research is the foundation for good legal advice. Before advising a client a legal professional should satisfy himself that, if the necessity arises, he will be able to persuade a court that there is a legal principle which is supported by convincing authority and which, properly interpreted, governs the questions in dispute. Poor legal research may result in advice which, at the least, is incomplete and inaccurate, and which, at the worst, may be positive wrong. Quite apart from questions of professional negligence, no responsible lawyer will want to compromise with mediocrity. If litigation arises unexpectedly, it may be too late to remedy the miscalculation of the past. All legal advice should be given on the basis that litigation is an ever-present possibility. The sheer mass of authoritative materials is the greatest difficulty confrontingsome one engage in legal research. If the problem involved is a simple one, which arises continually in practice, and experienced legal professionals may be able to select the appropriate statute or case report immediately from his library shelves. However, this store of built-in knowledge is rapidly exhausted. What is the legal professional to do when he is faced with an unusual problem and the frightening array of volumes of legislation and judicial decisions available in any modern law library.

4) Methods of Finding Law:Professor Clyde Emery, namely, suggested that there are two methods of finding materials, which are as follows. 1. The Short Cut or the "100 Meter Dash:" Method: The short cut or the "100 Meter Dash" method usually consists of the following steps: (a) Exhausting the statutes and their annotations and/or digest on the point under search; (b) Reading the cases so found. As we read each provision or case, ask the following questions: Does thatprovision or case bear (favorably on unfavorably) on the point? Mark the material found with a piece of paper and indicate the pages which the legal professionals can use and indicate whether it is pro, contra, analogous, or distinguishable the issue. Leave this marker in the book. 2. The Long or? Marathon" Method: The long or? Marathon method turns back to the list of books to be used asPrimary sources, secondary source and their finding justice. Each book should be expanded thoroughly. Whenever there is a listing of cases or statutes, either in the text or in footnote, the legal professionals has to note or read them. 2. COMPUTER-ASSISTED LEGAL RESEARCH Computer-assisted legal research (CALR) provides for new ways to find and read he law. It is defined as research that is conducted with the use of computers computer networks and CD-ROMs. The word

Internet means a computer network linking over large number of computer networks together that open new opportunities for legal and non-legal research. When a legal professional goes on line, this is used to describe one who is using a computer to connect by a modem to the memory of another computer stored at a remote location. Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation.

5) Types of Legal Research:a) Regulatory Research :The basic objective with which the regulatory research is done is to determine the applicable rules and regulations with regard to a particular issue at hand. The issue could be related to anything; it could be related to litigation or could be an issue related to a contract or even related to starting a business. But then there is always a rule or a regulation governing each transaction. If you intend to start a business then the regulatory research would provide you an understanding with regard to all the rules and regulations which are applicable with regard to that particular business. Even in litigation it is important to perform regulatory legal research so that one knows and understands the rules and regulations which are applicable with regard to the litigation at hand. b) Legislative History Research :Legislative history research involves the background research and study of the circumstances surrounding the enactment of a statute, it includes the study of the bill hearings, committee reports and floor

debates. A research is conducted as to which committees were involved, who were the committee members and how the legislative language was amended till its final passage. Understanding the evolution of a particular law helps in interpreting the law in a better manner. c) Case Law Research :Case Law Research involves searching for cases related to specific issues at hand. The basic intention behind this is to collect as many cases (related to that particular issue) as possible. It helps one in determining the trend of the Court in deciding certain issues. Research would be done with regard to the opinion of courts on the case, the reasoning behind the opinion, how the other courts have distinguished this case from others etc. It would help one in understanding the manner and the factors which are taken into consideration by the Courts while taking a decision. Case law research ensures that a planned legal argument is not weakened by any new law.After an initial research a relevant and leading case on the particular issue at hand is generally found. After this the next step in this regard is to chart out a list of cases which have judicially considered the leading case by means of mentioning, following, discussing it.

d) Electronic Research:Electronic media has grown to new heights and this growth has helped in the growth of many related sectors. One such sector being research, new electronic tools have simplified research. Legal Research is further simplified by these tools, these tools being the electronic databases of Lexis Nexis, Westlaw etc. Use of these electronic tools is not very complicated and the results are accurate and to the point.

6) Need of Computerized Legal Research:Legal research is known to take much time and effort, and access to online legal research databases such as LexisNexis and Westlaw can be costly. Consequently, law firms and other practitioners may turn to third-party legal research providers to outsource their legal research needs. The processes of legal research vary according to the country and the legal system involved. However, legal research generally involves tasks such as: 1) finding primary sources of law, or primary authority, in a given jurisdiction (cases, statutes, regulations, etc.); 2) searching secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such asAmerican Jurisprudence and Corpus Juris Secundum), for background information about a legal topic; and 3) searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a need for legal information, including lawyers, law librarians, and paralegals. Sources of legal information range from printed books, to free legal research websites The Standing Committee on Ethics and Professional Responsibility thus concluded that "[t]here is nothing unethical about a lawyer outsourcing legal and nonlegal services, provided the outsourcing lawyer renders legal services to the client with the 'legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation

Computer-assisted legal research (CALR) or computerbased legal research is a mode of legal research that uses databases of court opinions, statutes, court documents, and secondary material. Electronic databases make large bodies of case law easily available. Databases also have additional benefits, such as Boolean searches, evaluating case authority, organizing cases by topic, and providing links to cited material. Databases are available through paid subscription or for free. Outsourcing affords lawyers the ability to reduce their costs and often the cost to the client to the extent that the individuals or entities providing the outsourced services can do so at lower rates than the lawyers own staff. In addition, the availability of lawyers and nonlawyers to perform discrete tasks may, in some circumstances, allow for the provision of labor-intensive legal services by lawyers who do not otherwise maintain the needed human resources on an ongoing basis. A small firm might not regularly employ the lawyers and legal assistants required to handle a large, discovery-intensive litigation effectively. Outsourcing, however, can enable that firm to represent a client in such a matter effectively and efficiently, by engaging additional lawyers to conduct depositions or to review and analyze documents, together with a temporary staff of legal assistants to provide infrastructural support.

7) Advantages:Computers have changed everything, even the way law is practiced. The legal profession is heavily oriented around the storage, production and review of documents. It often involves combing through reams of records, legal code and other text. Computer-assisted legal research has helped make the process more efficient and less time-consuming. a) Background Research is fundamental to the practice of law. In today's world, conducting research is especially complex, considering the sheer volume of research materials that exist. These include primary sources, secondary sources, regulatory codes, legal digests and court transcripts, all involving local, state, federal and international law. Legal research plays a role from beginning to end in the lifetime of a case, from preparing early briefs to taking depositions to filing petitions and motions. b) Automatic Searching One of the biggest advantages of computerized legal research is that of automation. Lawyers, legal assistants, judicial clerks and others can now search huge volumes of data electronically, rather than manually combing through paper documents. Computerized databases allow searches by keyword, names of parties involved, date, jurisdiction, venue, case type and other criteria. One situation in which electronic searches become especially valuable applies when legal professionals must consider court precedent in working with a case. The importance of precedent (formally known by the Latin term "stare decisis") influences how lawyers argue cases and judges decide them. Computer-assisted research permits efficient location of precedent documents and decisions.

c) Remote Access Another advantage of computer-assisted research is remote access. Legal professionals are no longer tied to law libraries and courthouse archives. Services such as LexisNexis and Westlaw, which compile and computerize legal documents, can be accessed on the Internet. This can be useful when, for example, a lawyer in court needs instant access to data and can't leave the premises because he has an imminent hearing. Computerassisted research provides rapid access from a remote location. d) Storage The vast quantity of documents and records generated by legal practice represents an enormous use of paper and space to archive it. Computerized research helps minimize paper and storage costs. Law libraries and law firms can devote office and storage space to other purposes. In addition, physical storage of documents is more subject to human error than digital storage. Paperwork can easily be mislabeled or misplaced. Increased Productivity on Computer-Assisted Legal Research Systems A. Do not read cases that you find online B. Make sure you do not make typos when entering a search query, or the search will have to be redone, and you will waste time on the system C. Always carefully plan the search so that you keep your online time to a minimum D. Use the Computer-Assisted Legal Researchs attorneys E. Do not consider alternative search queries while online

8) Disadvantages:CALR (Computer-Assisted Legal Research). ComputerAssisted Legal Research uses computers to perform legal research. A. Manual legal research B. Computer-Assisted Legal Research online legal databases 1. Computer-Assisted Legal Research searches the words of cases, statutes,and comments 2. Computer-Assisted Legal Research has several advantages, including finding cases manual methods may not have found, being faster than manual methods in cases, and being available 24 hours a day; thedisadvantage to Computer-Assisted Legal Research is that it is expensive Ethical Considerations A. When performing any kind of legal research, it is required that it be done competently so as to not compromise a clients case B. Attorneys have an ethical duty to inform the court of a legal authority that is detrimental to a client C. Legal assistants should always cite their sources and not plagiarize other peoples work

Conclusion: Legal research plays a very important role in recommending solutions to existing problems of the society or in solving the already solved problems in better way. It also helps to discover or invent new legal ideas and technologies for legal professionals. As we know, that legal research can either make or break a case. Therefore, legal professionals must carry out on their parts some level of legal research before filing a lawsuit and giving verdict to it. Failing to pursue research, a case may fail to present its strength and verdicts may be made in favor of wrong person. Legal research helps analyze legal professionals about the case effectively and award justices to the genuine victims. Practices of legal research do exist in Nepalese legal practices but not in a state that has been followed the particular legal research method. Research is carried out in a very limited way. In order to carry out legal research, by the legal professionals, it shall be required to follow the legal research method as mentioned above efficiently and effectively by all legal professionals. In the end legal research method helps to impart just and genuine verdict in favor of true victims. It enables the legal system to function effectively. To effectively function the judiciary of a country, legal professionals including legal research have a crucial and very important role to play.

Bibliography 1. Anne Burnet et al, ASIL Guide to Electronic Resources for International Law, 2nd revised and expanded edition, American Society of International Law, Washington D.C: 2002. 2. Emery Clyde, A Streamlined Briefing Technique, 4th edition, Oxford University Press, Oxford: 1998. 3. Enid and Donald Mac Dougall, Legal Research: Materials and Method, 3rd impression, the Law Book Company, Sydney, Australia: 1974. 4. Henry Compbell Black, Blacks Law Dictionary, 7th edition, the Publishers Editorial, USA: 1999. 5. Ministry of Science and Technology, URL Links to Ministries, Departments and Commissions, Kathmandu: 2002. 6. Myrana S. Feliciano, Methodology in Legal Research, PHILjA, Philippine:2002. 7. Ramanath P. Aiyer, Concise Law Dictionary, Abridged edition, Law Publishers, New Delhi: 2001. 8. S. Barbara & M.A. McCornick, Legal Research, 2nd edition, George Allen and Unwin, London: 1996.