Legal Research Methodology, What is Research,Types of Research,Use of Legal Research, Citation, Blue Book, Doctrinal, Ibid & Supra.

1. Re-search
Methodology
By:-
Adv. Anshuman
Advocate & Lecturer, Pune

2. What is Research ?
Re Search Research

3. What is Research ?
– Creative Process
– Systematic Collection of Data ( Information )
– Investigation of Existing facts or knowledge
– To find out truth or reality
– It is beginning not end
– Research means an act of searching into a matter carefully and closely.

4. Type of Research
Doctrinal Research
• Library Based Data
• Literature
Non- Doctrinal/
Empirical Research
• Survey Based

5. Legal Research
– Study of Social and Connection between various Human Activities
– Discovering new Legal facts and verification
– Provides solution to legal problems
– About Existing Law
– Compare Legal Provision, Principle and Theory in
existing Legal system
Legal
Research
Precedence/
Legal Issues
Theories/
Principles/
Doctrines
Legal Rules/

6. Use of Legal Research
STUDENT
• Higher Qualification
• Other Qualifications
• Thesis & Dissertation
ADVOCATE
• Thinking to Social Problem
• To Convince the Judge
• Legal Validity
GOVERNMENT
• Legal Reforms and Commission
• Making New/Old Law
JUDGES
• In support of Decisions
• Principles/ Doctrine
ACADEMICS
• Academic Degree
• Law Books

7. Sources in
selection of Topic
• Printed
Sources
• Paper
Presentation
at Academic
Gathering
• Ongoing or
Prior Research
• Available Data
• Media as
Source
Consideration
• Genuine
Interest
• Involve Some
Problem
• Feasible to
Study
• Have
Academic or
Social Value
Factor Affecting
Topic
• Personal
Values
• Academic or
Social
Importance
• Practical
Consideration
Narrow Down
the Topic
• Examine
Literature
• Expert Persons
• Division into
Groups
• Type of study

8. What are Materials?
– Find Books, Legal Academic Journals and Law Reviews
– Legislative Intent
– Legal Articles
– Find Case Law
– Find Constitutions of Different Countries
– Find Commission & Committee Reports
– Parliamentary Debates and Parliamentary Committee
– Treaties and International Agreements
– Other Internet Material

9. How to Find ?
– CONSTITUTION
– www.confinder.Richmond.edu
– www.constituteproject.org
– HOW TO FIND LEGISLATIVE INTENT
– Objects and Reasons of the Act (published in the bill)
– Parliamentary debates
– Law Commission Reports (if the bill has been introduced on the recommendation of the
Law Commission)
– Standing Committee/ Joint/Select Committee Reports
– Reports of the Committee appointed by the ministries for enacting/reviewing any existing
enactments
– www.prsindia.org

10. Citation:-
CITATION
Footnote Endnote

11. Citation:-
Blue Book
BOOK:
– Volume No. (if any) NAME OF AUTHOR, TITLE OF THE BOOK pg. cited
(Editors/Translators Name, edition cited year).
Example:
2 FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH
LAW 205-06 (2d ed. 1911)
Key point:-
– Follow the font format as has been illustrated above, for e.g. name of author must be
in SMALL CAPS.
– The first name must always be written before the surname.
– For two authors, write both their names separated by “&”

12. JOURNAL ARTICLE:-
– Consecutively (In Volumes)
– Name of Author, Title of Article, Journal volume no. ABBREVIATION OF JOURNAL Page on
which Article Begins, Page Cited (Year)
– Example:
Charles A. Reich, The New Property, 73 YALE L.J. 733, 737-38 (1964)
– Non Consecutively (Issues)
– Name of Author, Title of Article, ABBREVIATION OF JOURNAL, date of issue as appears in
the cover, at first page of work, page cited
– Example:
Barbara Ward, Progress for a Small Planet, HARV. BUS. REV., Sept.-Oct. 1979, at 89, 90.
Citation:-
Blue Book

13. Citation:-
Blue Book
NEWSPAER ARTICLE:
– Author’s name, Name of Article/News report, ABBRV. OF NAME OF
NEWSPAPER, Month Date, Year, at pg. no
– Example:
– Ari L. Goldman, O'Connor Warns Politicians Risk Excommunication
over Abortion, N.Y. TIMES, June 15, 1990, at A1.
– Gautam Adhikari, Watchdog Or Lapdog?, TOI, August 10, 2018, at 14

14. Citation:-
Blue Book
INTERNET
– Name of the Author, Name of article, INSTITUTIONAL OWNER OF DOMAIN
(Month date, year, time), URL.
– Example:
– Eric Posner, More on Section 7 of the Torture Convention, THE VOLOKH CONSPIRACY (Jan.
29, 2009, 10:04 AM), http://www.volokh.com/posts/1233241458.html.
Key points:-
• Don't write available at or at before the URL.
• Write the entire URL as appears in the address bar of the browser, remove hyperlink

15. Citation:-
Blue Book
CASES
– INDIAN CASES:
– Case name, (year of reporter) Vol No. Reporter Abbreviation, Page no.
– Example: Charan Lal Sahu v Union Carbide, (1989) 1 SCC 674
Reporters that depart from this format shall be written in their own format.
– Example: Shreya Singhal v. Union of India, AIR 2015 SC 1523
Key Points:-
• Do not italicise the case name.
• If there are more than one parties, list only the first party

16. Citation:-
Blue Book
STATUTES
– Act/Law
– Act name, Act No., Acts of Parliament, Year of Volume
– Example: The Copyright (Amendment) Act, 1992, No. 13, Acts of Parliament,
1992
– Constitution
– Example: INDIA CONST. art. 1, cl. 2.

17. Ibid:
– Ibid is used to refer to an immediately preceding authority, either exactly as it
has been cited, or at a different page number. In the first case, only the term
‘Ibid’, is used, whereas in the latter case, a different page number is alluded to
by following ‘Ibid’, with the word ‘at’and the relevant page number.
– Example:
 10 P.C. Markenda, Law Relating to Arbitration & Conciliation, 98 (6th ed., 2006)
 11 Ibid.
 12 Ibid, at 64. (NOTE: Here 64 is the page number from where the author has taken
the cited statement/text).

18. Supra:
– When an authority has been fully cited previously by the author, ‘Supra’ is used to
refer to that same authority at a later point. Supra should only be used where it is
inappropriate to use ‘Ibid’.
– Examples:
– 43 V.N. Shukla’s Constitution of India, 219 (M.P. Singh, 12th ed., 2013).
– 44 S. Sen, The Principle of Common Heritage of Mankind in Outer Space: A Framework
of Ambiguity and Ineffectiveness?, 26, 39 in Outer Space Law: From Theory to Practice
(Sandeepa Bhat B., 1st ed., 2009).
– 45 Ibid.
– 46 Supra 43. (NOTE: Here 43 is the footnote number where the authority was first cited
in the paper).
– 47 Supra 21, at 991. (NOTE: Here 21 is the footnote number where the authority was
first cited in the paper and 991 is the page number from where the author has taken the
cited statement/text).

19. Bibliography v. Reference
BASIS FOR COMPARISON REFERENCE BIBLIOGRAPHY
Meaning Reference implies the list of
sources, that has been
referred in the research work.
Bibliography is about listing
out all the materials which has
been consulted during the
research work.
Arrangement Alphabetically and numerically Alphabetically
Includes Only in-text citations, that
have been used in the
assignment or project.
Both in-text citations and
other sources, that are used to
generate the idea.
Supporting argument A reference can be used to
support an argument.
A bibliography cannot be used
to support an argument.

20. LIST OF ABBREVIATONS
¶ Para
¶¶ Paras
AIR All India Reporter
Art. Article
Ano. Another
AD Apex Decision
CriLJ Criminal Law Journal
ILR Indian Law Reporters
Corp. Corporation
Cr.LJ Criminal Law Journal
HP Himachal Pradesh
ILO International Labour
Organization
ICODHR International Convention
on Declaration of Human
Rights
ICSCR- OP Optional Protocol of
the Covenant on
Economic, Social and
Cultural Rights
ICCR Indian Council for
Cultural Relations
J. Justice
Ltd. Limited
LS Law Summary
WLC Western Law Cases
Ors. Others
UJ Unreported
Judgments
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court
Reporter
Supl. Supplementary
MOEF MINISTRY OF
ENVIORNMENT
FOREST
STFDA Scheduled Tribes and
Forest Dwellers Act
UOI Union Of India
UN United Nations
Vol. Volume
V. Versus