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The document provides an overview of legal research, defining it as the systematic process of gathering and analyzing legal materials to apply the law effectively. It highlights the importance of legal research in discovering new arguments, clarifying ideas, advancing knowledge, and facilitating law reforms. Additionally, it outlines the characteristics of legal research, emphasizing its systematic, objective, and evolving nature.

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0% found this document useful (0 votes)
21 views6 pages

Group 4

The document provides an overview of legal research, defining it as the systematic process of gathering and analyzing legal materials to apply the law effectively. It highlights the importance of legal research in discovering new arguments, clarifying ideas, advancing knowledge, and facilitating law reforms. Additionally, it outlines the characteristics of legal research, emphasizing its systematic, objective, and evolving nature.

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kendrisaac66
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KAMPALA INTERNATIONAL UNIVERSITY

BACHELOR OF LAWS

JANUARY INTAKE

DAY SESSION

RESEARCH METHODS

YEAR TWO SEMESTER TWO

NAME REGISTRATION NUMBER SIGNATURE


OJIAMBO KENNEDY 2022-01-09021
KAIRU ABUSOLOMON 2022-01-08489
ARUHO SYTON 2022-01-07884
OLEMUNGOLE 2022-01-08262
JAQUILINE .M.
SEKISANZE PETER 2022-01-09196
NAMBASA LYDIA KATENDE 2022-01-07918
MULUGA ABDALLAH 2022-01-09176
NAMIGADDE JOYCE 2022-01-08779
ATHIENO BEATRICE 2022-01-08452
ANGARUKIREMU REAGAN 2022-01-09040
NAMIGADDE JOYCE 2022-01-08779
NJUBA SAMUEL 2022-01-09333
NKOOTE JANET BRITNEY 2022-01-09088
WEBOMBESA LUCIA 2022-01-08078
NAKAWOMBE MERCY 2022-01-08016
ABER GIFT ELIZABETH 2022-01-09213
KALYANGO SAMUEL 2022-01-09640
MEANING OF LEGAL RESEARCH

Legal research refers to the process of gathering and analyzing data, statute, case law, regulations and
other legal materials to understand, interpret and apply the law to specific issues or case. It’s a
systematic investigation to find relevant legal sources and precedents that can be used to support legal
arguments, make informed decisions and provide guidance in legal matters. Legal research is essential
for lawyers, judges, scholars and anyone involved in the legal field to ensure the accurate and effective
application of the law.

IMPORTANCE OF LEGAL RESEARCH

a) Discovery:

Research is about discovering so through it, a legal researcher gets to know about new arguments, legal
provisions, positions on relevant topics and new ways of addressing legal issues. Legal research can also
reveal new aspects and approaches to old issues for instance where a general idea has been developed
on a particular issue then effective research can enable the researcher discover and reveal new
perspectives on such issues.

b) Classification
Legal research helps the researcher to clarify their ideas on issues pertinent to their work.
Where the research is able to find reliable sources on an issue, then these can enlighten the
researcher especially where there had been confusion or misconceptions about any issue
arising.
c) Advancement
Effective research contributes to the general advancement of knowledge, understanding and
processes. Where a good researcher discovers new issues or errors in old thinking, they can
reveal this constructively so as to correct or clarify the position and advance knowledge in that
area. This is an important area which has enabled the legal system to develop over time.
d) Comparison
Legal research helps compare different ideas especially where they are conflicting. It develops
the researcher’s analytical skills by providing them with different ways of addressing any
particular issues. It also helps compare different sources, documents and legal systems. This
broadens the scope of the researcher’s thinking, helping them discover more, clarify issues and
advance their general knowledge.
e) Authentication
Legal research is important for authenticating the thoughts, ideas and positions of the
researcher. While thoughts and opinions are generally expressed in different forms when
research has been undertaken on a particular issue, the result of the research possess a
considerable level of authenticity, depending on the quality of the research which mere
thoughts and opinions may not possess.
EGAL RESEARCH AND LAW REFORMS

Legal research plays a great role in the process of law reforms.

Legal reform or law reform is the process of examining existing laws, advocating and implementing
change in the legal system usually with the aim of enhancing justice or efficiency. Intimately related are
law reform bodies or commissions which are organizations set up to facilitate law reforms. Law reform
bodies carry out research and recommend ways to simplify and modernize the law. Many law reform
bodies are statutory corporations set up by governments although they are usually independent from
government control, providing intellectual independence to accurately reflect and report on how the
law should progress.

Law reform activities can include preparation and presentation of cases in court in order to change the
common law, lobbying of government officials in order to change legislation and research or writing that
helps to establish an empirical basis for other law reform activities. There are four major ways or
methods in reforming law that is repeal (get rid of law), creation of new law, consolidation (change
existing law) and codification.

Legal research and law reform are interconnected through the following ways;

Identifying Issues:

Legal researchers can help identify areas of the law that may require reform due to ambiguity,
inconsistency or social changes .They can analyze existing laws, court decisions and legal literature to
pinpoint these issues.

Researching precedents:

Researchers examine past legal cases and decisions to identify precedents that can serve as a basis for
reform. They can also look at how other jurisdictions have addressed similar problems.

Proposing Reforms:

Based on their research, legal scholars, practitioners and organizations may draft proposals for new
legislation, amendments or changes to existing laws. These proposals are often supported by the
findings of legal research.

Public Opinion and Stakeholder Input:

Legal research can also involve gathering public input and feedback from stakeholders such as advocacy
groups and affected communities to inform the reform process.

Legislative Drafting:

Legal researchers may be involved in drafting the actual language of the proposed laws or amendments
ensuring that they are clear, effective and constitutionally sound.
Advocacy:

Legal researchers can play an advocacy role of educating policy makers and the public about the need
for legal reform through well researched arguments and evidence.

Evaluating Impact:

After reforms are enacted, legal research can be used to assess the effectiveness and make adjustments
if necessary.

Therefore legal research is an integral part of the law reform process as it provides the knowledge and
evidence used to identify social challenges.

LEGAL RESEARCH AND SOCIAL CHANGES

Legal research is closely intertwined with social changes and it plays a vital role in adapting the law to
evolving society needs. There are several ways through which legal research and social changes are
interconnected;

1. Identifying Emerging Issues:


Legal researchers can monitor and analyze societal trends, values and behaviors to identify
emerging legal issue for examples changes in technology, culture or demographics may create
new legal challenges.
2. Assessing Impact:
Researchers can examine how existing laws and regulations affect various social groups and
assess whether they are keeping up with changing social norms and values.
3. Advocacy For Change:
Legal researchers may advocate for legal reforms to address social injustices or to align the with
the changing or evolving societal expectations. They can provide evidence and analysis to
support these efforts.
4. Constitutional Interpretation:
Legal research can be used to interpret constitutional principles in line with societal values.
Courts often rely on legal research to make decisions that reflect contemporary norms.
5. Compliance and Enforcement:
Research can help legal professionals understand how changes in society impact compliance and
enforcement of laws. For example drug legalization or decriminalization reflects shifts in public
opinion and necessitates changes in law enforcement strategies.
6. Policy Development:
Legal research is crucial in developing and revising public policies that respond to societal
changes. Policy makers rely on research to make informed decisions about issues like
healthcare, education and civil rights.
7. Public Awareness:
Researchers can contribute to public awareness by disseminating information about legal issues
and their connections to social changes. This can foster public debate and engagement in the
legal reform process.

Legal research is a dynamic process that adapts to and helps shape legal responses to evolving social
changes. It serves as a bridge between the law and society, ensuring that the legal system remains
relevant just in the face of shifting social dynamics.

CHARACTERISTICS OF LEGAL RESEARCH

Legal research possesses various characteristic as follows;

I. Systematic:
Legal research follows a structured and systematic approach. Researchers use specific
methodologies to gather, analyze and interpret legal information and materials.
II. Objective:
It aims at being impartial focusing on providing a balanced analysis on legal issues an
sources. Researchers strive to avoid personal bias.
III. In-Depth:
Legal research involves a thorough examination of legal issues and sources including
statutes, case law, regulations, legal literature and historical documents to gain a
comprehensive understanding of a legal issue.
IV. Precise and Accurate:
Accurate is paramount ion legal research. Researchers must ensure that the information
they gather and analyze is precise, up to date and free from errors.
V. Time Consuming:
Legal research may be time consuming as it requires extensive review of legal texts and
documentation. So researchers must be patient and diligent.
VI. Citing Sources:
Proper citation of legal sources is a fundamental characteristic. Researchers must follow
established citation styles such as the Bluebook or the APA format and the Oxford
Standard for citation of legal authorities to provide a clear trial of the sources they
consult. With the above established citation styles, a researcher is able to cite various
sources such as case law, law reports, statutes, international instruments, reports by
commissions, reports, Newspaper Articles, Websites among others in order to enrich his
or her work. After a researcher has organized and formulated his research work, he
should add ample footnotes to the work in order to avoid plagiarism due to the
advancement in technology and immeasurable sources of research.
VII. Legal Authorities:
Legal research relies on authoritative legal sources such as court decisions, statutes and
regulations as they hold legal precedents and binding authorities.
VIII. Problem Solving:
Legal research is often undertaken to address specific legal issues or challenges thereby
making it a problem solving process.
IX. Interpretation:
Researchers must interpret legal sources and apply them to real world situations hence
helping legal professionals make informed decisions and arguments.
X. Evolving Nature:
Legal research evolves with changes in the law, legal technology and societal
developments. Researchers must stay current with legal trends and updates.
XI. Interdisciplinary:
This involves combining legal knowledge with insights from other fields like economics,
psychology or sociology to address complex legal issues.
XII. Ethical:
Ethical considerations are vital in legal research including issues relating to
confidentiality, client privilege and conflict of interests.

In a nut shell, legal research is a meticulous and specialized process that plays a critical in understanding,
interpreting and applying the law to various legal issues and situations.

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