A Presentation On Legal

Research And Legal Writing

Presenters:
Bipana Chapagain
Suravi Regmi
 What is Research?

• In general sense, research means a method of

searching an issue closely and meticulously.
From academic perspective , it is the
systematic study or investigation of existing
facts of knowledge to any matter undertaken
with the objective of finding out the truth or
reality.
 Legal Research
• Legal research is the process of identifying and
retrieving information necessary to support legal
decision making . In broader sense it includes the
analysis of the facts of a problem and concludes with
the application and communication of the result of
investigation . Legal research is process oriented
activity . Legal research requires search strategy like
figuring out what the case is about or what legal
issue we need to research , what is the need to
locate , read and update primary and secondary
sources of information as well as other legal and non
legal materials.
• Legal research is performed by anyone with
the need for legal information like lawyers,
law librarians, law makers. The sources of legal
information may be wide range of law books
and magazines to free legal research websites
like( findlaw.com, lawyers.com, etc.)
 Definitions by Different Scholars
• “Legal Research is the study of relationships between the world of law and the
world of the law purports to government.”

- G.D.Braden.
• “By the term Legal Research is meant the inquiry and investigation necessary to
be made by legislatures, judges, lawyers and legal writers in the performances of
the functions.”
- Frederick.C.Hichs
• “Legal Research may be defined as the search for the authority and precedent in
sources of law.”
- E.C.Surrency.
• ‘‘Legal Research is the systematic investigation of problems and of matters
concerned with laws such as codes, acts, etc.’’
- S.R.Myneni.
 Sources of Legal Research

• Cases: Decisions published by several level of courts

such as district, appellate and supreme court. They are
found on the web through which efficient legal
research can be done.

• Secondary sources: Books , journals, articles, law forms

can be the hardest documents to do legal research and
one good case be used to do common research.
• Provision of copies of statutes of some
jurisdictions is another legislative branch
sources of legal research such as legislative
information service, bills.

• Presidential documents which are published

and are available in print are also important
source of legal research.
• Many legal treaties are found online which is
also useful legal resource.

• Legal reviews, other legal journals, magazines

and legal newspaper which are placed on the
web for legal research.
 Objectives of Legal Research
• To know the purpose and objective of legal
rules that govern a specific situation and
examine its relevancy and utility.

• To examine legal principles and laws

established by courts or other legal authorities
with the aim to determine their need and
significance in particular area of law.
• To identify the weaknesses or defects of the existing
law in a particular area of law and highlight the issue
which are not covered by that existing law in order to
bring reform to that particular situation.

• To study the causes that led to the adoption of

particular law , principle or legal institution.

• To study the advantages and disadvantages of

various legal institutions and support in doing
arbitration between legal institutions when conflict
arise.
 Approaches to Legal Research
• Legal research can be mainly classified into
two categories:
(i)Doctrinal Approach: Doctrinal approach refers
to the conventional/traditional type of legal
approach in which the materials needed by a
researcher is mostly available in libraries and
books.The aim of such research is to discover,
examine, analyse and explain the principles,
theories in a systematic theoritical way.
(ii)Socio-Legal Approach: Socio-legal approach
refers to non-doctrinal type of legal approach
which is performed practically by making field
study. It is also known as ‘law in action’ which
means study of how law operates in social
context and how it deals with social problem.
 Types of Legal Research
• Descriptive Research: Descriptive research tries to
find out what happens. It gives guidelines for
ensuring affairs of a particular area with respect to
any issue ,problem or question.

• Explanatory Research: regarding the study of different

laws in many cases the explanation go beyond
general description and seek to explain particular
theory or phenomenon. Explanatory approach seeks
to tell why and how something happened.
• Historical Research: Historical research is the study of
past facts,events or institutions.The aim of such
approach is to find out how and why certain
rules,principles have come to take present form.The
main purpose of this type of research in law is to find
out origin and development of law that has some
kinds of relationship with other laws for bringing
reforms in the existing law.

• Comparative Research: A research may involve study

of some legal problems,issues in comparison basis.So
this type of research is called comparative research.A
researcher may find it meaningful to examine the
similarities and differences of the situations existing
within the same legal system.
• Analytical and Critical Research: Analytical
research involves careful evaluation of
something in order to draw certain conclusion
from it.It is slightly different from critical
research as the critical researcher along with
examining something carefully tries to
compare the merits and drawbacks and finally
give his opinion or decision.
Legal Research :A Problem Solving Approach

• Problem here means any matter considered by a

certain population,group or individual which is the
subject matter of concern and needs to be
corrected.Thus, legal research deals with the cases
whether of purely legal or non legal nature(like
social, economical,political nature )with the motive
of finding the solution that lies within the aspect of
law.
 LEGAL WRITING

• Legal writing is a type of technical writing used

by lawyers, judges, legislators in law for
expressing legal analysis and legal rights and
duties. It enables a legal writer to organize
ideas , thougths and improve innovative skills
so that he/she can express ideas or objectives
more clearly and concretely.
 Definitions by Different Scholars
• “Legal Writing is the ownership of means of
enunciation.”
-Ronald Barthed.

• “Writing is the disclosure of forms of power.”

-Derrida.
 Forms of Legal Writing

• Authority: Legal writing places heavy reliance on

authority which denotes a particular level of
hierarchy.eg-delegation of authority from higher to
lower level.

• Precedent: Precedent is also a legal writing . Precedent

means the thing that have been done before e.g. lawyer
make reuse of contract with limited changes for new
occasion.
• Legislative Drafts: In the procedure of drafting
law the legal drafter should be experienced
and should know the general principles of
drafting.

• Report of Research: Report riting is also one of

the vital aspect of legal writing.A person who
has proper knowledge about the format of
reseach writing and guideline of expert can
draft good legal writing.
 Categories of Legal Writing
• Legal writing is of two categories :
(i) Legal Analysis
(ii) Legal Drafting
• Legal Analysis is of two types:
(a) Predictive Legal Analysis:
Legal memorandum is most common type of predictive legal analysis .
It includes client or legal opinion. It explains and applies the authorities
in predicting outcome, ends and advice with recommendations. Legal
memorandum serves as record of the research done for legal question.
(b) Persuasive Legal Analysis:
Persuasive writing is the most rhetorically stylized .Legal issue is
described by authorities. The author resolve the legal matter and does
not present a neutral analysis.
(ii) Legal Drafting:

Legal drafting creates legal text, like statute,

rules and regulations, personal legal documents.
Legal drafting requires no legal authority,
citation.
 Importance of Legal Writing
• To know and make people aware about the
weakness and progress of legal as well as
social, political, economical matters of a
particular geographical area.
• To formulate plans and policies for future and
to make the existing policies more pragmatic
and applicable.
• To inform law makers about different sources
of law like (legislation, precedent)so that
he/she can formulate good policies.
• To enhance the skills and widen the horizon of
lawyers and researchers so that they can be
more relevant and efficient.

• To make legal research and writing sector

more stronger so that legal research and
writing field can finally pave its way towards
development.
 Characteristics of Legal Writing
(a)Plagiarism:
The act of exactly copying someone’s words,
sentences or the entire work can be said as
plagiarism. Plagiarism is strictly prohibited in
academic work especially in law review
articles, seminar paper etc. e.g. sometimes
lawyers also copy well-written clauses from
contract, statute etc.
(b)Citation:
The act of taking certain words and terms
from some books or from somebody’s saying
as an example to support a particular opinion
is said as citation. Citation plays a vital role in
giving shape to the legal writing. It not only
makes the work of legal writing authentic but
also it helps to express the gratitude to the
person and his work from whom one has been
benefited.
(c)Legalese:
Legalese is an English term used for legal writing
that is very difficult to understand and read.
Legalese arises most commonly in legal drafting
as same as plain language movement.

• Effects of Legalese on public administration:

Legalese may or may not be comprehensive but
suffers from being less comprehensive to
general people because of complexity in language.
Threat to Legal Writing While Using Legalese

• Legalese is possible to be misinterpreted,

deliberated, etc. So legal writing faces a trade
to cover many unexpected contingencies.

Legalese is characterized by priority

towards these concerns.
 Things to memorize while preparing a legal
writing
• Legal writing also include technical
terminology e.g. specialized words like tort,
fee, notation etc.

• Legal writing should be formal. Some of this

formality is necessary and desirable. It gives
importance to legal documents when requires.
• Long and complex sentences should be
avoided in legal writing.

• Legal writer should take care about the needs

and interest of the person or parties who is to
be mentioned in the writing.
 Conclusion
• Research is regarded as the most important subject matter.
Without research discovery of new findings can’t be achieved.
Same like without legal research no country, society and
individual can be benefitted by law and its consequences.
Before implementing any kind of acts in the country as per
the demand of time by legislature it should also be
guaranteed by judiciary so that executive can do smooth
functioning of country. Legal research help in modernization
but traditional values also should be considered while
decision making through research before any official legal
writing. So research must be prioritized in order to maintain
good legal status of a country. So research cannot be ignored
and underestimated for fulfilling the minute as well as major
requirements of legal writing.
Cont’d
Legal research is the backbone of legal writing and
legal writing is the output of legal research. Legal
writing is the way of interpreting what one has
discovered from the research. Thus, legal research
and writing are interrelated and interdependent with
each other.
Thankyou