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Research Methodology for Law and Criminal Justice IRM1501 - pg39 UNIT 3 -3…

- - - - the systematic investigation to establish facts or principles or to collect information on a subject”.
    - - research is a "process of steps used to collect and analyze information to increase our understanding of a topic or issue".
        
        three steps
        
        posing of a (research) question
        
        collecting information or data in order to answer the question
        
        presenting an answer or answers to the question.
  - - - 1 - Science is always based on FACT
        
        Facts = EMPIRICAL or NON- EMPIRICAL (not observable)
      - 2 - science is logical and objective
        
        facts from which science is founded are a product of a rational process
      - 3 - science is informed by the desire to provide certainty
      - 4 - science is that the answers provided by science are always precise and measureable.
    - - pseudo research
        
        research that is collected haphazardly or carelessly
        
        not logically supported
        
        produces findings that cannot be “reproduced
        
        generally not used for proper research purposes
  - - - research usually involves reading, analysing and comparing various documents
      - finding the sources of law, reading, analysing and evaluating them and then synthesising your findings into one coherent report
      - the purpose behind legal research is to identify the sources of law applicable to understanding a legal problem and then to find solutions to the identified problem.
  - - - must keep a record of all sources which you consult
- - - - has to do with the reviewing of sources that are mostly sourced from or found in the library
        
        law reports
        
        legislation
        
        textbooks
        
        law journals
  - - - Planning of research
        
        Systematic approach
        
        3 - Step system =Facts-Issues-Applicable Law (FIA system)
        
        first establish the FACTS
        
        consider legally relevant facts
        
        decide which facts are relevant
        
        Where do I find the sources for the research?
        
        How do I find the sources for the research?
        
        How do I ensure that the sources relate to the research?
        
        identify the legal ISSUES
        
        decide what the legal problem is
        
        Must Demonstrate the following
        
        6 more items...
        
        find the APPLICABLE LAW
      - Doing the research
        
        clear understanding of what the problem
        
        have collected quite a bit of information
        
        evaluate, understand and organise information or facts
        
        Sources of law
        
        legal research = finding the sources of law
        
        reading, analysing and evaluating the sources
        
        synthesising your findings into one coherent report
        
        Summarising a case
        
        helps you to understand the case
        
        way of keeping track of what was decided in a case
        
        HOW CASES should be summarised
        
        1 citation (name) of the case at the top
        
        2 Summary of the facts
        
        only stick to the facts that are most relevant to the legal issues
        
        should not exceed one paragraph
        
        Legal question
        
        A legal question will normally be only one sentence
        
        Along the lines of does the law allow you to XXXX?
        
        Ratio decidendi
        
        court's reason for its decision
        
        biggest part of the summary
        
        1 more item...
        
        find the law (legal principles) that the court used to decide the case
        
        Finding
        
        one-line summary indicating how the case was ultimately decided
      - 2.5.3 Reporting on your research
        
        Contextual Differences
        
        most important thing = the research report
        
        The way you structure your REPORT depends on who you REPORTING to
        
        BASIC structure
        
        UNIVERSAL legal REPORTING structure = IRAC
        
        IRAC = Issues, Rules, Application and Conclusion
        
        ISSUES = start with an analysis of the ISSUES
        
        RULES = summary of the legal RULES applicable
        
        APPLICATION = apply the rules to the issues @ hand
        
        CONCLUSION = come to some kind of CONCLUSION
- - - - capable of being verified by observation or experiment
  - - - aims to explain and predict HUMAN BEHAVIOUR
        
        does this by
        
        observing, reflecting, and/or measuring social phenomena
      - MUST meet the FOLLOWING CRITERIA
        
        empirical research should have specific purpose
        
        empirical research should follow a particular method of collecting data
      - aim or purpose of empirical research must be within the following COMPONENTS
        
        describe the research topic
        
        3.3.1 DESCRIPTIVE RESEARCH
        
        Primary goal = DESCRIBES the TOPIC being researched
        
        "HOW"
        
        "WHY"
        
        explore the research topic
        
        3.3.2 Exploratory research
        
        Happens when there is FEW or NO LEGAL research
        
        aim = WHAT is going ON
        
        explain the research topic
        
        3.3.3 Explanatory research
        
        There is ALREADY well documented LEGAL research
        
        aim = Researcher wishes to explain "why things are the way they are?"
        
        evaluate the research topic
        
        3.3.4 Evaluation research
        
        explore the impact of a specific form of intervention
        
        eg - how effective a policy or programme is
        
        cause and effect
        
        form of explanatory research
  - - - curious about investigating a particular legal problem
    - - eager to find solutions or legal certainty