Introduction

Legal Research is the process of identifying and retrieving information

necessary to support legal decision-making. It begins with an analysis of
the facts of a problem and it concludes with the results of the
investigation. Legal research skills are of great importance for lawyers to
solve any legal case, regardless of area or type of practice. The most
basic step in legal research is to find a noteworthy case governing the
issues in question. As most legal researchers know, this is far more
difficult than it sounds.

Whether you are a Lawyer, a paralegal, or a law student, it is essential

that Legal research is done in an effective manner. This is where the
methodology comes into play. Different cases must be approached in
different ways and this is why it is important to know which type of legal
research methodology is suitable for your case and helpful for your
client.

Different Types of Legal Research

1) Descriptive Legal Research

Descriptive Legal research is defined as a research method that

describes the characteristics of the population or phenomenon that is
being studied. This methodology focuses more on the “what” of the
research subject rather than the “why” of the research subject. In other
words, descriptive legal research primarily focuses on the nature of a
demographic segment, without focusing on “why” something happens. In
other words, it is a description based which does not cover the “why”
aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among
Mumbai will conduct a demographic survey of this region, gather
population data and then conduct descriptive research on this
demographic segment. The research will then give us the details on
“what is the crime pattern of Mumbai?”, but not cover any investigative
details on “why” the patterns exits. Because for the lawyer trying to
understand these crimes patterns, for them, understanding the nature of
their crimes is the objective of the study.

2) Quantitative research

Quantitative Legal Research is a characteristic of Descriptive Legal

Research Methodology that attempts to collect quantifiable information
to be used for statistical analysis of the population sample. It is a popular
research tool that allows us to collect and describe the nature of the
demographic segment. Quantitative Legal Research collects information
from existing and potential data using sampling methods like online
surveys, online polls, questionnaires, etc., the results of which can be
depicted in numerical form. After careful understanding of these
numbers, it is possible to predict the future and make changes to
manage the situation.

An example of quantitative research is the survey conducted to

understand the turnaround time of cases in the high court and how much
time it takes from the time the case is filed until the judgment is passed.
A complainant’s satisfaction survey template can be administered to ask
questions like how much time did the process take, how often were they
called to court, and other such questions.

3) Qualitative Legal Research

Qualitative Legal Research is a subjective form of research that relies on

the analysis of controlled observations of the legal researcher. In
qualitative research, data is obtained from a relatively small group of
subjects. Data is not analyzed with statistical techniques. Usually,
narrative data is collected in qualitative research.

Qualitative research can be adopted as a method to study people or

systems by interacting with and observing the subjects regularly. The
various methods used for collecting data in qualitative research are
grounded theory practice, narratology, storytelling, and ethnography.
Grounded theory practice: It is research grounded in the observations or
data from which it was developed. Various data sources used in
grounded theory are quantitative data, review of records, interviews,
observation, and surveys.

Narratology: It refers to the theory and study of narrative and narrative

structure. It also shows the way in which the result affects the
researcher’s perception.

Storytelling: This is a method by which events are recounted in the form

of a story. The method is generally used in the field of organization and
management studies.

Ethnography- Ethnography is used for investigating cultures by collecting

and describing data intend to help the development of a theory.

4) Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific

type of research that involves critical thinking skills and the evaluation of
facts and information relative to the research being conducted. Lawyers
often use an analytical approach to their legal research to find the most
relevant information. From analytical research, a person finds out critical
details to add new ideas to the material being produced.

For example, examining the fluctuations of Crime Rates of India between

2010-2020 is an example of descriptive research; while explaining why
and how the Crime rates spiked over time is an example of analytical
research.

5) Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a

pressing practical problem at hand. It is a straightforward practical
approach to the case you are handling. It involves doing full-fledged
research on a specific area of law followed by gathering information on
all technical legal rules and principles applied and forming an opinion on
the prospects for the client in the scenario.
For Example, if your client is an employee of an organization and is
fighting against wrongful termination of contract then the practical
approach to this would be by carefully evaluating the company policies
and finding company policies that were violated and to suing the
organization based on those arguments.

6) Pure Legal Research

Pure legal research is also known as basic Legal Research usually

focuses on generalization and formulation of a theory. The aim of this
type of research methodology is to broaden the understanding of a
particular field of investigation. It is a more general form of approach to
the case you are handling. The researcher does not focus on the
practical utility

For Example, researchers might conduct basic research on illiteracy

leads to unemployment. The results of these theoretical explorations
might lead to further studies designed to solve specific problems of
unemployment.

7) Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein

research is conducted by observing and analyzing already present
information on a given topic. Conceptual research doesn’t involve
conducting any practical experiments. It is related to abstract concepts
or ideas.

They are generally resorted to by the philosophers and thinkers to

develop new concepts or reinterpret the existing concepts but has also
proven to be a useful methodology for legal purposes.

For example, many of our ancient laws were influenced by the British
Rule. Only later did we improve upon many laws and created new and
simplified laws after our Independence. So another way to think of this
type of research would be to observe, come up with a concept or
theories aligned with previous theories to hopefully derive new theories.

8) Empirical Legal Research

Empirical Legal Research describes how to investigate the roles of
legislation, regulation, legal policies, and other legal arrangements at
play in society. It acts as a guide to paralegals, lawyers, and law
students on how to do empirical legal research, covering history,
methods, evidence, growth of knowledge, and links with normativity. This
multidisciplinary approach combines insights and approaches from
different social sciences, evaluation studies, Big Data analytics, and
empirically informed ethics.

For example, Pharmaceutical companies use empirical research to try

out a specific drug on controlled groups or random groups to study the
effect and cause.

EMPIRICAL RESEARCH

The word empirical means information gained by experience, observation experimentation Empirical
Research can be defined as research based on experimentation or observation (evidence) Such research
conducted test hypothesis The central theme in scientific method is that all evidence must be empirical
which means based on evidence.

The fundamental objective of empirical research is to make inferences- that is, using known facts to
understand unknown facts. Typically we use observable data (known facts) to test certain hypotheses
which are guided by theory to uncover these unknown facts.

Conducting empirical research In law is of recent origin. Empiric means relying solely on observation and
experiment, not on Theory The empirical research is carried out by collecting and gathering data or
Information relating to universe by the first hand study.

Empirical Legal Studies is a growing field of legal study which emphasizes the use of empirical research
approaches similar to other social science disciplines such as economics, political science, sociology, and
psychology The methods like observation interview questionnaire survey and case study are used for the
collection of data in empirical legal studies

Mono-disciplinary legal research

Legal research, depending upon its objectives and the

nature of inquiry, may be mono- disciplinary or trans-
disciplinary. Traditionally, legal scholars have been engaged in
analyzing legal concepts, doctrines, statutes, or statutory
provisions in the light of judicial pronouncements. Based on such
an analysis, they have been coming up with some tentative
explanations of law and principles deducible therefrom and
from judicial pronouncements thereon, predicting future course
of development of law, hinting at the problems that may
likely arise in future and suggesting a way out. Such a
research obviously is confined to the discipline of ‘law’, as
the researchers, treating law as a closed discipline, need not go
beyond the discipline of law or look for material lying beyond
‘law’. This type of legal research is characterized as
‘mono- disciplinary legal research’ as the discipline involved is
only one, i.e. ‘law’. All doctrinal legal researches obviously fall in
this category. However, mono-disciplinary legal research, in
spite of its potentials to contribute in bringing clarity,
consistency and certainty in law and initiating reforms in law, has
its own limitations. It is addressed to a limited audience-the
members of the profession –judges and lawyers and it is
meant to assist them in the discharge of their day-to-day
professional tasks. It does not fully reflect the social
dimensions of law. Therefore, the feedback it supplies to the
policy-makers is merely partial.

Trans-disciplinary legal research

During the recent past, however, some new trends, away

from mono-disciplinary legal research, have emerged in
the domain of law. An inquiry into a legal fact
transgresses the discipline of ‘law’ and touches upon
the disciplines ‘related’ to law. Such a legal research, to
distinguish it from the former one, may be labeled as
trans-disciplinary legal research

Trans disciplinary research can help with legal research in the following ways:
 Understand social, economic, and cultural factors
Trans disciplinary research can help scholars understand the factors that influence the
development, implementation, and impact of laws.
 Develop new legal theories and frameworks
Trans disciplinary research can help develop new legal theories and frameworks to
address complex legal issues.
 Create new legal paradigms
Trans disciplinary research can help create new legal paradigms and approaches to
address the evolving needs of society

Multidisciplinary legal research

is a research field that incorporates research from multiple disciplines to
study law. It's important because law is connected to many aspects of life,
including social, political, economic, and cultural.

A multidisciplinary approach to legal research can:

 Provide a deeper understanding
A multidisciplinary approach can help academics understand legal issues more
thoroughly.
 Foster creative problem solving
A multidisciplinary approach can help academics solve legal problems creatively.
 Advance evidence-based policymaking
A multidisciplinary approach can help academics create evidence-based policies.
 Contribute to a more just legal system
A multidisciplinary approach can help academics contribute to a more just and
equitable legal system