sources of hypothesis in legal research

Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Sources of American Law: An Introduction to Legal Research - 4th Edition

Beau Steenken, University of Kentucky

Tina M. Brooks, University of Northern Iowa

Copyright Year: 2016

Last Update: 2019

Publisher: CALI's eLangdell® Press

Language: English

Formats Available

Conditions of use.

Learn more about reviews.

Reviewed by Ann Su, Part-time Instructor, Portland Community College on 6/20/17

This text is very basic. As a primary source of information it may be adequate if heavily supplemented with information from other sources and used a reference more than a teaching tool. It is the type of text I might use to reduce costs for... read more

Comprehensiveness rating: 3 see less

This text is very basic. As a primary source of information it may be adequate if heavily supplemented with information from other sources and used a reference more than a teaching tool. It is the type of text I might use to reduce costs for students if I was going to produces a lot of my own lectures/exercises and handouts because it gives no actual sample on how to conduct a research project from beginning to end. It also lacks an index or glossary. The table of contents gives you a basic idea of the content, but the chapters are fairly spartan. It would be a good text for a general overview of the research process, but has no examples of research problems nor does it provide answers for the few exercises that it suggests. There are links to online exercises, but those require membership and may incur fees for the student.

Content Accuracy rating: 4

I think the book is written in a fairly unbiased tone and did not notice overt errors. I do think that the text should include information about local jurisdictions and the local rules, UTCR, ORCP, OEC as types of law that need to be considered during research. I have had many cases that turned on technical/procedural issues, and I saw nothing about researching those primary sources or that they even exist.

Relevance/Longevity rating: 3

I think the introductory chapters on the structure of the legal system will be relevant and not require updating. But the links in the electronic research will need to be updated likely if an interface like lexis changes its system.

Clarity rating: 4

The prose is lucid and well written. I found the tone and style inviting without being overly jargon/technical. If anything, I would have liked to see more technical terms in bold and/or put into a glossary/index to be able to be referenced.

Consistency rating: 5

I did not find any problems with inconsistencies. The framework was logical.

Modularity rating: 4

Given the type of book it is I don't think it would be a problem to assign chapters separately or pull out certain sections. However, the very nature of legal research requires a logical progression in understanding. So, I don't know that it would make sense to take things out of order that much. The book has a reasonable amount of subheadings within the chapters. However, I did not see a way to easily cut/paste the book and/or manipulate it outside of simply assigning individual chapters/readings. What I mean is that it was written in a fairly traditional way that I would expect a print text to be laid out. It did not have a presentation as if it was aiding easy modularity like I have seen in other OER or newer texts.

Organization/Structure/Flow rating: 3

The organization and structure was logical. I would have liked to see a LOT more charts and/or figures to break up the text. Also, it would give a better visual understanding of the flow of research and how primary/secondary sources interrelate etc. Legal research is very complex and takes a long time to master. This book is primarily text with very few things separated out visually as charts/tables or even in bold--e.g. glossary terms.

Interface rating: 4

It was free of navigation problems. When I read the book on iBooks it often cut text or charts and did not present well. In PDF form it was awkward.

Grammatical Errors rating: 5

There were no grammar problems that I noticed.

Cultural Relevance rating: 5

There were not a lot of examples that required cultural relevancy because it was mostly about the structure of the legal system, legal authorities and the process of research. I did note that the usage of he/her was interchanged when there was a universal pronoun used and I appreciated that.

I think this book represents a gift as it is OER and want to acknowledge the effort and time it took to create it. I don't want my comments to seem overwhelmingly negative because it is a good text. I don't think it is comprehensive or as useful as a teaching text.

Table of Contents

• The United States Legal System
• Constitutions & Statutes
• Judicial Opinions & Common Law.
• Administrative Regulations
• Electronic Research
• Secondary Sources
• The Research Process

Ancillary Material

• Ancillary materials are available by contacting the author or publisher .

About the Book

At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students to the major sources of American law and describes the forms the various authorities traditionally took in print. After establishing this base, the text proceeds to instruct students on the methods they will most likely use in practice, namely electronic research techniques and the consultation of secondary sources. Sources of Law incorporates screencasts currently hosted on YouTube that actively demonstrate the processes described in the static text. Finally, the text illustrates how the different pieces come together in the legal research process.

Sources of Law focuses on realistic goals for 1Ls to learn in a relatively small amount of instruction time, and so focuses mainly on the basics. It does introduce some advanced material so that 1Ls can recognize pieces of information they may encounter in research, but it does not fully cover researching materials outside the scope of the traditional 1L course. As such, it is best-suited for introductory legal research courses for 1Ls.

About the Contributors

Beau Steenken joined the Law Library Faculty at the University of Kentucky in September 2010. As Instructional Services Librarian, he engaged in a revamp of the Legal Research curriculum as the UK College of Law shifted from an adjunct-model to a full-time faculty model of LRW instruction. He teaches two to four sections of 1L Legal Research a year and also coordinates informal research instruction of various sorts. Before coming to the University of Kentucky, he managed to collect a B.A., a J.D., and an M.S.I.S. from the University of Texas, as well as an M.A. in history from Texas State University and an LL.M. in Public International law from the University of Nottingham, where he also took up archery.

Tina M. Brooks received a B.A. in History and Spanish from the University of Northern Iowa in 2005, a J.D. from the University of Nebraska College of Law in 2009, and an M.S. in Information Studies from the University of Texas School of Information in 2011. She joined the University of Kentucky Law Library Faculty in July 2011 as the Electronic Services Librarian. In addition to her library duties, which include managing the law library website and the library’s electronic resources, she teaches two sections of 1L Legal Research.

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The Craft of Writing a Strong Hypothesis

Table of Contents

Writing a hypothesis is one of the essential elements of a scientific research paper. It needs to be to the point, clearly communicating what your research is trying to accomplish. A blurry, drawn-out, or complexly-structured hypothesis can confuse your readers. Or worse, the editor and peer reviewers.

A captivating hypothesis is not too intricate. This blog will take you through the process so that, by the end of it, you have a better idea of how to convey your research paper's intent in just one sentence.

What is a Hypothesis?

The first step in your scientific endeavor, a hypothesis, is a strong, concise statement that forms the basis of your research. It is not the same as a thesis statement , which is a brief summary of your research paper .

The sole purpose of a hypothesis is to predict your paper's findings, data, and conclusion. It comes from a place of curiosity and intuition . When you write a hypothesis, you're essentially making an educated guess based on scientific prejudices and evidence, which is further proven or disproven through the scientific method.

The reason for undertaking research is to observe a specific phenomenon. A hypothesis, therefore, lays out what the said phenomenon is. And it does so through two variables, an independent and dependent variable.

The independent variable is the cause behind the observation, while the dependent variable is the effect of the cause. A good example of this is “mixing red and blue forms purple.” In this hypothesis, mixing red and blue is the independent variable as you're combining the two colors at your own will. The formation of purple is the dependent variable as, in this case, it is conditional to the independent variable.

Different Types of Hypotheses‌

Types of hypotheses

Some would stand by the notion that there are only two types of hypotheses: a Null hypothesis and an Alternative hypothesis. While that may have some truth to it, it would be better to fully distinguish the most common forms as these terms come up so often, which might leave you out of context.

Apart from Null and Alternative, there are Complex, Simple, Directional, Non-Directional, Statistical, and Associative and casual hypotheses. They don't necessarily have to be exclusive, as one hypothesis can tick many boxes, but knowing the distinctions between them will make it easier for you to construct your own.

1. Null hypothesis

A null hypothesis proposes no relationship between two variables. Denoted by H 0 , it is a negative statement like “Attending physiotherapy sessions does not affect athletes' on-field performance.” Here, the author claims physiotherapy sessions have no effect on on-field performances. Even if there is, it's only a coincidence.

2. Alternative hypothesis

Considered to be the opposite of a null hypothesis, an alternative hypothesis is donated as H1 or Ha. It explicitly states that the dependent variable affects the independent variable. A good  alternative hypothesis example is “Attending physiotherapy sessions improves athletes' on-field performance.” or “Water evaporates at 100 °C. ” The alternative hypothesis further branches into directional and non-directional.

• Directional hypothesis: A hypothesis that states the result would be either positive or negative is called directional hypothesis. It accompanies H1 with either the ‘<' or ‘>' sign.
• Non-directional hypothesis: A non-directional hypothesis only claims an effect on the dependent variable. It does not clarify whether the result would be positive or negative. The sign for a non-directional hypothesis is ‘≠.'

3. Simple hypothesis

A simple hypothesis is a statement made to reflect the relation between exactly two variables. One independent and one dependent. Consider the example, “Smoking is a prominent cause of lung cancer." The dependent variable, lung cancer, is dependent on the independent variable, smoking.

4. Complex hypothesis

In contrast to a simple hypothesis, a complex hypothesis implies the relationship between multiple independent and dependent variables. For instance, “Individuals who eat more fruits tend to have higher immunity, lesser cholesterol, and high metabolism.” The independent variable is eating more fruits, while the dependent variables are higher immunity, lesser cholesterol, and high metabolism.

5. Associative and casual hypothesis

Associative and casual hypotheses don't exhibit how many variables there will be. They define the relationship between the variables. In an associative hypothesis, changing any one variable, dependent or independent, affects others. In a casual hypothesis, the independent variable directly affects the dependent.

6. Empirical hypothesis

Also referred to as the working hypothesis, an empirical hypothesis claims a theory's validation via experiments and observation. This way, the statement appears justifiable and different from a wild guess.

Say, the hypothesis is “Women who take iron tablets face a lesser risk of anemia than those who take vitamin B12.” This is an example of an empirical hypothesis where the researcher  the statement after assessing a group of women who take iron tablets and charting the findings.

7. Statistical hypothesis

The point of a statistical hypothesis is to test an already existing hypothesis by studying a population sample. Hypothesis like “44% of the Indian population belong in the age group of 22-27.” leverage evidence to prove or disprove a particular statement.

Characteristics of a Good Hypothesis

Writing a hypothesis is essential as it can make or break your research for you. That includes your chances of getting published in a journal. So when you're designing one, keep an eye out for these pointers:

• A research hypothesis has to be simple yet clear to look justifiable enough.
• It has to be testable — your research would be rendered pointless if too far-fetched into reality or limited by technology.
• It has to be precise about the results —what you are trying to do and achieve through it should come out in your hypothesis.
• A research hypothesis should be self-explanatory, leaving no doubt in the reader's mind.
• If you are developing a relational hypothesis, you need to include the variables and establish an appropriate relationship among them.
• A hypothesis must keep and reflect the scope for further investigations and experiments.

Separating a Hypothesis from a Prediction

Outside of academia, hypothesis and prediction are often used interchangeably. In research writing, this is not only confusing but also incorrect. And although a hypothesis and prediction are guesses at their core, there are many differences between them.

A hypothesis is an educated guess or even a testable prediction validated through research. It aims to analyze the gathered evidence and facts to define a relationship between variables and put forth a logical explanation behind the nature of events.

Predictions are assumptions or expected outcomes made without any backing evidence. They are more fictionally inclined regardless of where they originate from.

For this reason, a hypothesis holds much more weight than a prediction. It sticks to the scientific method rather than pure guesswork. "Planets revolve around the Sun." is an example of a hypothesis as it is previous knowledge and observed trends. Additionally, we can test it through the scientific method.

Whereas "COVID-19 will be eradicated by 2030." is a prediction. Even though it results from past trends, we can't prove or disprove it. So, the only way this gets validated is to wait and watch if COVID-19 cases end by 2030.

Finally, How to Write a Hypothesis

Quick tips on writing a hypothesis

1.  Be clear about your research question

A hypothesis should instantly address the research question or the problem statement. To do so, you need to ask a question. Understand the constraints of your undertaken research topic and then formulate a simple and topic-centric problem. Only after that can you develop a hypothesis and further test for evidence.

2. Carry out a recce

Once you have your research's foundation laid out, it would be best to conduct preliminary research. Go through previous theories, academic papers, data, and experiments before you start curating your research hypothesis. It will give you an idea of your hypothesis's viability or originality.

Making use of references from relevant research papers helps draft a good research hypothesis. SciSpace Discover offers a repository of over 270 million research papers to browse through and gain a deeper understanding of related studies on a particular topic. Additionally, you can use SciSpace Copilot , your AI research assistant, for reading any lengthy research paper and getting a more summarized context of it. A hypothesis can be formed after evaluating many such summarized research papers. Copilot also offers explanations for theories and equations, explains paper in simplified version, allows you to highlight any text in the paper or clip math equations and tables and provides a deeper, clear understanding of what is being said. This can improve the hypothesis by helping you identify potential research gaps.

3. Create a 3-dimensional hypothesis

Variables are an essential part of any reasonable hypothesis. So, identify your independent and dependent variable(s) and form a correlation between them. The ideal way to do this is to write the hypothetical assumption in the ‘if-then' form. If you use this form, make sure that you state the predefined relationship between the variables.

In another way, you can choose to present your hypothesis as a comparison between two variables. Here, you must specify the difference you expect to observe in the results.

4. Write the first draft

Now that everything is in place, it's time to write your hypothesis. For starters, create the first draft. In this version, write what you expect to find from your research.

Clearly separate your independent and dependent variables and the link between them. Don't fixate on syntax at this stage. The goal is to ensure your hypothesis addresses the issue.

5. Proof your hypothesis

After preparing the first draft of your hypothesis, you need to inspect it thoroughly. It should tick all the boxes, like being concise, straightforward, relevant, and accurate. Your final hypothesis has to be well-structured as well.

Research projects are an exciting and crucial part of being a scholar. And once you have your research question, you need a great hypothesis to begin conducting research. Thus, knowing how to write a hypothesis is very important.

Now that you have a firmer grasp on what a good hypothesis constitutes, the different kinds there are, and what process to follow, you will find it much easier to write your hypothesis, which ultimately helps your research.

Now it's easier than ever to streamline your research workflow with SciSpace Discover . Its integrated, comprehensive end-to-end platform for research allows scholars to easily discover, write and publish their research and fosters collaboration.

It includes everything you need, including a repository of over 270 million research papers across disciplines, SEO-optimized summaries and public profiles to show your expertise and experience.

If you found these tips on writing a research hypothesis useful, head over to our blog on Statistical Hypothesis Testing to learn about the top researchers, papers, and institutions in this domain.

Frequently Asked Questions (FAQs)

1. what is the definition of hypothesis.

According to the Oxford dictionary, a hypothesis is defined as “An idea or explanation of something that is based on a few known facts, but that has not yet been proved to be true or correct”.

2. What is an example of hypothesis?

The hypothesis is a statement that proposes a relationship between two or more variables. An example: "If we increase the number of new users who join our platform by 25%, then we will see an increase in revenue."

3. What is an example of null hypothesis?

A null hypothesis is a statement that there is no relationship between two variables. The null hypothesis is written as H0. The null hypothesis states that there is no effect. For example, if you're studying whether or not a particular type of exercise increases strength, your null hypothesis will be "there is no difference in strength between people who exercise and people who don't."

4. What are the types of research?

• Fundamental research

• Applied research

• Qualitative research

• Quantitative research

• Mixed research

• Exploratory research

• Longitudinal research

• Cross-sectional research

• Field research

• Laboratory research

• Fixed research

• Flexible research

• Action research

• Policy research

• Classification research

• Comparative research

• Causal research

• Inductive research

• Deductive research

5. How to write a hypothesis?

• Your hypothesis should be able to predict the relationship and outcome.

• Avoid wordiness by keeping it simple and brief.

• Your hypothesis should contain observable and testable outcomes.

• Your hypothesis should be relevant to the research question.

6. What are the 2 types of hypothesis?

• Null hypotheses are used to test the claim that "there is no difference between two groups of data".

• Alternative hypotheses test the claim that "there is a difference between two data groups".

7. Difference between research question and research hypothesis?

A research question is a broad, open-ended question you will try to answer through your research. A hypothesis is a statement based on prior research or theory that you expect to be true due to your study. Example - Research question: What are the factors that influence the adoption of the new technology? Research hypothesis: There is a positive relationship between age, education and income level with the adoption of the new technology.

8. What is plural for hypothesis?

The plural of hypothesis is hypotheses. Here's an example of how it would be used in a statement, "Numerous well-considered hypotheses are presented in this part, and they are supported by tables and figures that are well-illustrated."

9. What is the red queen hypothesis?

The red queen hypothesis in evolutionary biology states that species must constantly evolve to avoid extinction because if they don't, they will be outcompeted by other species that are evolving. Leigh Van Valen first proposed it in 1973; since then, it has been tested and substantiated many times.

10. Who is known as the father of null hypothesis?

The father of the null hypothesis is Sir Ronald Fisher. He published a paper in 1925 that introduced the concept of null hypothesis testing, and he was also the first to use the term itself.

11. When to reject null hypothesis?

You need to find a significant difference between your two populations to reject the null hypothesis. You can determine that by running statistical tests such as an independent sample t-test or a dependent sample t-test. You should reject the null hypothesis if the p-value is less than 0.05.

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Future of Law

The ultimate guide to conducting legal research

We run through three basic steps that will help lawyers conduct effective legal research, showing them how to create research plans, gather effective information, and review that information.

Legal research is defined as the process of identifying and retrieving information to support legal decision-making. It is essential to lawyers at all stages of their legal careers. It helps students to study for exams, graduates to prepare for careers, and seasoned lawyers to find effective case law to back up their motions, support the over-arching narrative of their case, or refute an opposing argument.

Every lawyer, regardless of their position, should practice legal research. The benefits are obvious. Legal research gives you access to the best facts and knowledge, helps you to form coherent arguments and find effective solutions using the latest information, supports the decision-making process, allows you to curate up-to-date and relevant teaching material for students, and much more.

In short, legal research is essential. But the value you gain depends on the way you conduct the research. In this article, we are going to explore the steps lawyers and legal counsel can take to boost productivity and maximise value with legal research, starting with the creation of a research plan.

Creating a research plan

The first step is finding out what you need to find out. If you are trying to identify and understand the facts of a case, for example, start by recording what you know in a case management tool, such as Visualfiles . That will help you develop a course of action, narrowing down the research.

You’ll then need to build on the initial facts. First, identify where you’re planning to search. Lawyers and legal counsel too often rely on free services like Google to find information. Indeed, the LexisNexis  2022 Bellwether report found that a concerning 74% of lawyers use Google for research.

The problem is that Google often provides information that is unreliable and outdated . And that can prove problematic and time-consuming, as lawyers and legal counsel will need to cross-check and fact-check the information they find, ensuring that it is accurate – or finding that it is inaccurate.

A better option is to find a trusted platform. Take the legal tech tool, Lexis+® UK , for example. Lexis+® UK offers quick and accurate answers using practical guidance and provides leading legal content. It allows you to start with a natural language search or question and offers loads of incredible optimisation features that help lawyers quickly sift through primary and secondary sources.

Once you’ve figured out where to search, you will need to work out what to search. You might want to start by asking yourself questions, such as: What are the main issues that arose when gathering initial facts? What’s the most helpful case law or practical guidance on those issues? Are there any significant gaps in my knowledge? And so on. The answers will define the start of your legal research.

Gather the best information

The next step in the process is to gather all the best information to help you meet your objective. For lawyers working on cases, that usually means gathering relevant sources of law. You should start with secondary law materials , which will help ensure you are up to date on what the experts have to say about a particular topic before you start the (slightly more laborious) task of reading primary sources.

Secondary sources are vital – and one of the massive benefits of legal research tools . Secondary sources include, among other things, practice guides, legal treatises, legal guidance, review articles, journals, legal news, legal dictionaries and encyclopaedias, and some more obscure resources.

Secondary legal sources are, simply put, educational materials that describe or interpret the law. Students can read them to understand how lawyers might analyse a particular case. Lawyers can use secondary sources to build a case. Teachers can use them to show students about the merits of a case.

Then you will need to look at primary legal sources. These are formal documents officially issues by the body that establishes law. They are, in short, the law. Primary sources include , among other things, case law provided by the courts, legislation passed by parliament, tribunals and statutes, court records and court decisions, government documents, and other elements issued by official bodies.

Studying primary sources is the most authoritative act of research, but often time consuming, as the documents can be challenging to read, particularly for students and graduates early in their careers. But you can use secondary sources to make more sense of the primary sources, cross-referencing and cross-checking, exploring interpretations and analysis to simplify the act of research.

Once you’ve checked out the secondary and primary sources, you should have built a strong portfolio of information. At that stage, the legal research process is nearly complete. You’ll just need to review.

Review your information

The final step is the quickest one. It is mainly about practicing caution and ensuring you adopt a thorough approach. You just need to ensure that the legal sector broadly considers the information you have gathered reliable. You may want to double-check, for example, that case law has not been overturned or questioned. Or you may want to check the information you have gathered is up to date.

The above is an easy task, especially if you are using legal research software . Legal software often offers a quick and easy option to view how cases have been treated in court, for example, or view analysis of legal developments, allowing you to double-check information with the click of a button.

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Sources of Free Legal Research: Home

• Legal Research Portals & Legal Dictionaries
• Statutes & Codes
• Adminstrative Regulations
• Legislative History
• Dockets and Court Files
• Secondary Resources

Welcome to this research guide on sources of free legal research materials. This guide is a starting point for finding free legal information. It is designed for use by BLS students, faculty, staff, and alumni.

If you have questions or need more help after using this research guide, please  contact  one of our librarians.  We are ready to assist you with your research!

Primary Law

Primary law is the actual text of the law as issued by official government bodies. We say "primary law" to distinguish from secondary sources (see below).

A basic understanding of the United States legal system is essential to knowing what to look for and where to find it. In the United States, the legal system is actually comprised of two parallel systems–federal law and state law.  

The primary law of each system flows from four primary sources:

• Constitutions (fundamental law of a nation or state).  Read the United States Constitution ,  provided courtesy of the U.S. Senate.  Read the New York State Constitution , provided courtesy of the New York Senate.
• Statutes (laws enacted by the legislature)
• Cases (judicial opinions issued by courts)
• Administrative Regulations and Adjudications   (rules and opinions issued by administrative agencies)

All three types of primary law are created and issued by the federal government and by the governments of each of the fifty states.  In order to research effectively, you must determine if your issue involves federal or state law and what type of primary law applies.

Secondary Sources

To determine what law applies, you can turn to secondary sources . This catch-all category of legal materials is essentially everything that is not primary law. Secondary sources are materials that explain, analyze, critique, or help you find the law. Examples are:

• Legal encyclopedias (comprehensive sets of brief articles on legal topics)
• Treatises (scholarly legal publications that cover a large area of law in depth)
• Law review articles (scholarly legal publications on narrow areas of law, often expressing the thinking of an expert with regard to very specific problems)

Many researchers recommend beginning with secondary sources because secondary sources are generally easier to understand than the primary law.  In addition to helping you to understand the area of law you are researching, secondary sources will also point you to the relevant primary law by citing the important cases, statutes, and regulations.

Internet Legal Research on a Budget

Free Internet Legal Research

The Cybersleuth's Guide to the Internet

Find Info Like a Pro

Legal Research Using the Internet

When was this guide last updated.

This LibGuide was last substantively updated:

On: April 3, 2024

At:  8:05 AM

By: Loreen Peritz

Head of Research Instruction, Reference Librarian & Adjunct Professor of Law

Evaluation of Free Legal Information

Each time you take advantage of legal information available on the web, you must critically evaluate the information for currency, relevance, authority, accuracy, and purpose - otherwise known as the CRAAP test!  The  basic idea is that you must be skeptical about free web-based information until you satisfy yourself that you can trust the source.   

• Next: Legal Research Portals & Legal Dictionaries >>
• Last Updated: Apr 10, 2024 12:15 PM
• URL: https://guides.brooklaw.edu/free_legal_sources

9 Steps in Legal Research

To undertake legal research and carry out it effectively , one needs to understand the sources of law and their relationship to each other, legal system functions, and fundamental legal principles. Essential steps of legal research include identifying a legal problem or issue, discovering information about such problem or issue, and developing explanations or arguments about the problem.

Beginning of a Research Project

It is often difficult for a young researcher to start a research work. Therefore, before undertaking research, one should consider the following issues:

• The time frame of the completion of the study.
• Prior knowledge of the research topic.
• What is the purpose of the study?
• What are the scope and limitations of the study?
• What and how much information is needed?
• Structure of research and method of finding sources.
• How will techniques of gathering information be adopted?
• Where can needed information be found?
• Identifying the issues and generating keywords.

Selection of a Research Topic

The selection of a research topic is the starting point of undertaking research .

However, many researchers face problems finding a suitable topic and narrowing it down. The choice of the appropriate topic should be influenced by the researcher’s interest, abilities, and level of knowledge in a particular area.

For finding out a topic, it is always better to start with a consultation with secondary sources such as books or law journals. Reading books and journals can provide an overview of the research topic and references important cases and statutes relevant to the chosen research area.

However, the choice of a research topic depends on a researcher’s interests and background.

A researcher can choose a topic either to know the unknown or refute some existing theories.

But the selection of a topic needs careful consideration of various factors, including social relevance of the issue and time and resource constraints of achieving the goals of a particular research project.

Vague, irrelevant, too narrow, or too broad topics have little chance of achieving the focus and direction of a successful writing piece

. For example, the legal research topic may cover any legislative scheme, jurisprudential debate, or contemporary legal issue.

It can address a new statute, a new constitutional rule, a new interpretation of a statute, a new enforcement principle, or a novel application of a general principle to a certain case. The research topic may concentrate on new problems or issues or new law reform, or a new theoretical perspective.

However, one needs to be careful in selecting a topic;

• whether it is relevant to the course/program for which one is writing?
• Is it interesting?
• Is it doctrinally sound? Does it have the potential for any original contribution?
• Why is the topic special or necessary?
• How does the topic fit into the legal or policy context?

The answers to these and similar questions require intensive and wide reading and decisions between interesting and competing areas and issues.

The title of the topic should be comprehend-be by the readers. Clarity and proper word choice are essential in formulating the title.

Before selecting a topic, the researcher must be well aware of the area to undertake the research.

He should have background knowledge of the findings of the studies of others in the field. He should be well conservant with different theories in the field.

Finally, the researcher should have a critical, curious, and imaginative frame of mind.

Justification, Purpose, and Relevance of Research

Why do we conduct research?

Because we want to fill a gap in our knowledge, or we want to challenge or test currently accepted theories against new evidence, or simply because we want to reform the existing system.

Before researching any aspect of legal discipline, the researcher should consider the research topic’s justification and relevance.

The purpose and justification of research should be clearly spelled out in a research job. It should be understood precisely and right from the beginning.

The researcher should underline the significance of the research work and show how the research will contribute to the development of the discipline.

The researcher should bear in mind the following issues

• Is the research topic timely and interesting?
• Will it make any original contribution to a field of legal knowledge?
• What is the scope of research?
• Does it deal principally with legislation, doctrine, or policy0
• Does it have practical implications?
• Is it a new issue? What remains to be explored0
• Why is the research unique, and what special objectives are to be achieved?
• Will the topic contribute to the ongoing academic debate on the issue? Will it develop a new theory?

A researcher should also consider;

• who is the targeted audience of the proposed research?
• Will the proposed research be addressed to academics, policymakers in government, policymakers in the private sector, or civil society?

A researcher should clearly mention the purpose of the research. A statement of purpose indicates the focus and direction of the research and provides criteria for the evaluation of the outcomes of the research.

A clear statement of the purpose of research is important for three reasons:

• First , it allows readers to understand the research better.
• Second , setting a clear vision of the purpose of research provides a crucial basis for evaluating the research from the reader s point of view.
• Third , clarity of purpose allows the researcher to identify a relatively narrow and precise area of investigation rather than setting out to investigate some general area of interest.

A researcher should demonstrate that the research meets the needs of society and address current legal issues, policy, and practice. Thus, legal research can be driven by the desire to tackle some practical legal problems rather than being driven specifically by the needs of theory development.

Good research must demonstrate its relevance in terms of its potential contribution to existing knowledge, practical needs, and timeliness regarding current issues.

Designing Research Question

The next step is to define or formulate a research problem that can be answered using the proper methodology . Research questions specify exactly what is to be investigated.

It involves the identification of important legal issues. The research question should be set out in the introductory part of the research. The research question provides a focal point of research.

The research question provides some guidelines for methodologies . Designing a well-crafted research question requires collecting and reading the background information.

To formulate the question properly, the researcher should have an idea of a broad perspective and a general view of the problem as a whole. The research questions should draw upon a review of the existing literature.

A research question generally refers to a problem or issue that has yet to be resolved .

Therefore, the research problem should be formulated clearly and precisely to avoid becoming ambiguous or contradictory.

A research proposal should explicitly contain one central research question and elaborate sub-questions closely associated with the central one. The research question also implicitly acts as a justification for undertaking a research project.

So designing of the research question should reflect the research objective. But more importantly, the research question should strike a new ground for investigation and scientific inquiry and pose a problem that requires detailed analysis.

Research questions are often formulated using words such as ‘what,’ ‘when,’ ‘where,’ and ‘how.’ ‘What,’ ‘when,’ and ‘where’ questions seek descriptive answers, while ‘why’ and ‘how’ questions seek understanding and explanation.

The research questions should be specific and answerable for conducting fruitful research.

In designing a research question, the following points should be considered:

• What laws and policies are currently in place regarding a particular issue?
• How are those laws and policies applied?
• Is the current law satisfactory in terms of remedies it provides?
• What reforms were proposed?
• What reform was actually put in place? Has the law achieved its aim?
• What is the current law, and why is it perceived as needing reform?
• Where can we look for guidance on reform from other jurisdictions?
• What legal theories have been applied to the area of study?
• Does a particular theory drive the current law?
• Can a different theoretical perspective be taken?

The research questions are important for the following reasons:

• they provide a framework for writing up the legal research project or thesis ;
• they delineate the scope of research, showing its boundaries; -they guide the literature search of the given research project;
• guide researcher in deciding what data need to be collected; -guide analysis of data.

Research questions should be clear. Research questions should not be formulated in very abstract terms. They should have some connections with established theories and concepts.

If there is more than one question, all should be linked to each other. Research questions should hold the prospect of making an original contribution – however small- to the topic.

Formulation of Hypothesis

One research question is designed, and the formulation of a hypothesis is the next step. Hypothesis testing is an essential strategy for empirical research.

The researcher must set one or more working hypotheses before proceeding with his work. The hypothesis is nothing but a tentative assumption or proposition.

The validity or way remains to be tested. It is not an opinion, a value judgment, or a normative statement. It is a logical consequence of research. Question.

As in previous reading, research, and observation, a hypothesis is an informed assumption.

In other words, the hypothesis is a proposition rephrased from the research question, and the subsequent study might prove or disprove it. It may follow from a theory or result of previous research.

But hypotheses can play an important role in the development of new theories.

A hypothesis also provides a tentative solution to the problem and helps in systematically building an argument. A hypothesis must be stated in clear and simple language and should be capable of verification.

A working hypothesis helps the researcher concentrate only on relevant factors and avoid irrelevant ones. In addition, a hypothesis serves to link together related facts and information and provides direction to research.

According to one author, the hypothesis’s role is to guide the researcher by delimiting the area of research and keep him on the right track. It sharpens his thinking and focuses on the more important facets of the problem.

Working hypothesis arises from prior thinking about the subject, examining the available data and material, including related studies, and the counsel of experts and interested parties. Working hypotheses are more useful when stated in precise and clearly defined terms.

A hypothesis should be developed in the initial stage of research. However, as research proceeds, the original hypothesis might change with discovering new facts that are not anticipated at the initial stage.

Therefore, a researcher should be flexible and open-minded in revising the original hypothesis.

A hypothesis should be formulated carefully to draw proper and reasonable conclusions at the end of the research. But most importantly, it must be testable.

Literature Review

Before addressing substantive issues, a researcher should conduct an extensive literature review.

A literature review is a process of locating, obtaining, reading, and evaluating the extant literature in a particular area of interest .

In addition, a literature review may refer to reviewing concepts and theories and previous ‘research findings.’

Literature review mainly refers to consulting general secondary sources to get an overview of all relevant research subject areas. According to Hutchinson, “The literature review justifies your research.

It does more than simply summarise what you have read. It places your research in context. It aims to synthesize, analyze and critique the state of knowledge and research in your stated area.”

Indexes, bibliographies, references in books, and articles of other works can help search the literature .

However, the literature review is not simply a passive assessment of the state of knowledge but an active synthesis of that knowledge within the researcher’s particular interest. The ultimate aim of the literature review is to provide an overview of relevant published works.

The literature review is essential to understand what is currently known about a problem. The literature review also helps to avoid duplication of effort.

No matter what topic a researcher chooses, the chances are that someone has already done some research on it. If so, researching as originally planned would be a waste of time.

But literature review may reveal other questions that remain to be answered.

By familiarizing the researcher with existing research and theory in an area, a researcher can revise the research project to explore some newly identified questions.

The literature review has several purposes: first , it can give ideas about research design, key issues, and data collection methods .

Second , it may identify problems in the research proposal and save the researcher from repeating other mistakes.

Third , it increases human knowledge that every contribution builds on or relates to previous work.

Finally , it helps identify the work’s intellectual roots and show familiarity with existing ideas, information, and practices related to the area of interest.

Secondary sources provide valuable background information which may help a researcher to formulate issues.

For the literature review, it is useful to create a bibliography. A bibliography helps identify all the important and available resources.

Second, it presents an overview of the subject being researched.

Why is it a literature review? The literature review serves the following objectives:

• to show knowledge of relevant literature;
• to establish what has been written, i.e., to establish originality;
• to establish interest in the topic; and
• to show the context of research.

However, the literature review is not simply a summary of the relevant literature. It is the synthesis of and critical approach to the relevant literature. A researcher should not try to bring everything into a literature review.

Only relevant literature which helps one to develop his argument should be reviewed.

There doesn’t need to be a separate chapter on the literature review. For example, suppose the research project is a doctoral or M.Phil thesis.

In that case, a literature review may be presented in one chapter or distributed at appropriate places in separate chapters of a thesis or research work.

However, literature review constitutes an important part of the doctoral or Mphil thesis.

It means that a Ph.D. or M.Phil candidate should thoroughly understand their chosen field before conducting original or substantial research.

In a literature review for a thesis or dissertation, the researcher should synthesize prior research works to gain a new perspective and critically analyze the existing knowledge to build a new argument.

Outline of Research

After formulating the hypothesis, the next step is to prepare a tentative outline of the proposed research. The outlines of the study will be divided into sections and sub-sections.

A well-designed outline is crucial for successful research work . An outline is simply an orderly plan, showing the division and arrangement of ideas in writing.

Its principal function is to indicate the relationship of these ideas to each other. The outline should not be minutely detailed.

But it should not be so brief or vague. A well-structured research outline shows relationships among ideas; each subheading must be directly related and subordinate to the heading under which it appears.

Thus, creating an outline allows the researcher to organize their ideas to provide the most effective focus for the research.

Moreover, outlining can itself suggest new ideas and perspectives. There is no formula for outlining that will work for every research.

However, the following points need to be considered:

• What are the key points to be analyzed?
• What is the most logical order in which to make those points?
• How do the different parts of research relate to each other?
• How does the legal authority the researcher intends to rely on fit into his arguments?

The outline can be expanded, modified, and revised as research progresses.

For this reason, the framing of an outline may not be completed until the research project is finished. The researcher should be flexible and keep his mind open to revising or adjusting the outline as the research progresses.

One may find that the initial outline is incomplete or too narrow, or too broad.

Conceptual and Theoretical Framework of Research

In every research activity, concepts are used to develop a framework to “guide the research processes and investigation approach” of what is known as a conceptual framework.

A concept is an abstraction formed by generalizations from particulars. Concepts are the building blocks of theory and represent the points around which research is conducted.

The conceptual framework may be based on analyzing key concepts such as ‘law,’ ‘property, ‘rights, ‘equality,’ ‘justice,’ ‘fairness,’ and so on.

The conceptual framework can be contrasted with an empirical approach, which is, in principle, testable through controlled experiments, careful observations, or the analysis of past events.

On the other hand, the conceptual approach is a search for meanings of terms and concepts whose validity is self-evident. In general, the researcher should explain certain concepts for his study.

He should describe the context, problem, possible answers to the problem, and evaluation, which may be positive or negative recommendations.

In carrying out research, a conceptual framework is needed to set up the conceptual tools, criteria, and logic for the research, help with the thesis structure, form a basis for data selection, and ensure that conclusions answer the research questions.

Thus, a conceptual approach is a tool helping with scientific thinking and systematic research. It also facilitates the coherence of research.

The conceptual framework helps to convince the main arguments of the research work. It also helps thesis structure and forms a basis for data selection, and ensures that conclusions answer the research questions.

The concept should be distinguished from conceptualization. While concepts deal with specific aspects of concrete reality and must be defined in abstract terms, conceptualization is forming or making concepts. Conversely, conceptualization is the process of forming or making concepts from situations or facts.

Thus, it is a mental process whereby fuzzy and imprecise notions are made more specific. It produces a specific agreed-upon meaning for a concept for research.

Legal research may revolve around one core theory or several theories. The theory has been defined as a set of interconnected constructs, definitions, and propositions that present a systematic view of phenomena by specifying relations among variables to explain and predict phenomena.”

Theories being highly abstract thought processes are profoundly helpful for understanding the experienced world and perceiving reality.

This involves different understandings or explanations of truth, reality, knowledge development, acquisition, application evaluation, and critique.

One or more theories can guide the directions taken by the research.

But, first, a researcher has to identify what theories are potentially used in research. Theories represent a particular way to understand the problem with which they deal.

Such theories describe and explain why things happen in their most developed and sophisticated forms.

Theories tend to be abstract.

But they provide fundamental insight into the problem or issue under research, and a theoretical framework is a logical analysis of the basic theories that arise in law.

Thus, legal researchers must recognize the pervasiveness and value of theories. A theoretical framework may center around a grand law or social development theory.

In legal research, theories can be drawn from the different schools of thought in jurisprudence or other disciplines such as political science, sociology, or economics.

For example, natural law theory should be the central reference point in research on the moral aspect of law or particular legislation.

Research on criminal law should involve logical analysis of theories of punishment, the presumption of innocence, or the principle of fault.

Similarly, in analyzing the constitutional issue, the argument may be built on constitutional theories such as separation of power, due process of law, judicial review, or basic structure of the constitution.

Theoretical analysis is often needed to postulate the relationship between variables or conditions under research. It also helps to describe, explain and predict phenomena under research.

The theoretical framework may be applied to define the research question, formulate a hypothesis, and structure research accordingly.

If legal research aims to generate new theories, analyzing existing theories is imperative for providing a framework for new knowledge.

To be a theory, a statement needs to take the form of universal statements. This means that it contains a proposition that applies in general and is not restricted to unique or particular circumstances.

Originality

The quest for originality is a perennial problem for a researcher. In particular, originality is a prerequisite for obtaining a Ph.D. as it is awarded mainly for ‘an original contribution to knowledge.’

In search of originality, a researcher can develop an individual viewpoint, use investigative resources , evaluate previous works and originally organize his or her findings.

The originality of research work can be measured by discovering hitherto unknown facts or applying research methods and new interpretations. The creation of new knowledge can show originality.

Research should be built upon the cutting edge of existing knowledge to create new knowledge. One needs to think about what has been achieved in research or thesis. The novelty of the approach may be in whole or part of a thesis.

A researcher can demonstrate how his contribution relates to existing knowledge.

Originality comes from selecting and studying a new topic with established methods and linking what is usually unrelated.

Originality can also be achieved by adopting an inter-disciplinary approach and developing a new insight on issues that are not previously known.

It can also be demonstrated by indicating future development in the law on a particular issue. The mere personal opinion not substantiated by adequate explanation is not originality.

Eight acceptable ways of obtaining originality in the research project or thesis:

• setting down a major piece of new information in writing for the first time ;
• continuing a previously original piece of work;
• showing originality in testing somebody’s idea;
• carrying out empirical work that has not been done before;
• using already known material but with a new interpretation;
• taking a particular technique and applying it in a new area;
• being cross-disciplinary and using different methodologies;
• adding to knowledge in a way that has not been done before.

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Free Legal Research Resources - United States

Federal law & gov't docs, secondary sources, data sources, getting help, how to use this guide.

This guide contains selected, free, online United States federal and state legal research materials.

Many lawyers have access to paid databases. Yet, combining paid and free resources, can help them to avoid potentially expensive searches. According to a 2020 Legal Technology Survey Report, nearly 60% of lawyers “say they regularly use free online resources to conduct legal research.”

• Legal Technology - ABA Legal Profile

For researchers without access to paid databases, the following resources may be essential. Legal research is often more effective when using a local law library. To learn more about law libraries throughout the United States, visit:

• Local Law Libraries by AJ Blechner Last Updated Apr 12, 2024 558 views this year

Range of Materials

The Constitution

Statutes and Legislative Materials

Statutes and legislative materials are becoming available freely online, with increasing frequency. Free resources can be a great starting place for statutory research. However, always make sure you confirm your findings in an authoritative version of the law.

Supreme Court

Case Law and Court Documents

Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.

Case Validation

Case involves ensuring that cases have not been overruled or negatively impacted by later caselaw. Case searching and retrieval through free databases is increasingly achievable. However, paid services are still most often used to validate cases. Tools that facilitate this case validation process are called citators. The best way to access free citators is through state and local public law libraries. To find a state or local law library visit:

Executive Documents

State Statutes and Regulations

Many states and localities publish some or all of their legislative materials on their website. Consider starting with the website of the state or locality in question. Remember, materials on official government websites, may not be the “official copy.” The National Conference of State Legislators provides a list of State Legislative Websites.

The sources below provide alternatives for hard-to-find state materials.

State Case Law and Court Documents

Courts are increasingly making their materials freely available online, frequently via the court website. This is particularly true for state Supreme Courts. When looking for state case law, consider starting with the website of the deciding court. The National Center for State Courts provides a list of state court websites.

U.S. Treaties

Several government-sponsored websites provide the full-text of U.S. treaties on the web. Refer to the list below for date ranges for each sources.

Foreign & International Law

For free resources on foreign and international law, see our foreign and international law guide:

• Free Legal Research Resources - Foreign & International by AJ Blechner Last Updated Sep 12, 2023 483 views this year

Journal Search & Legal Opinions - Google Scholar

Google Scholar offers access to many legal documents including patents, legal opinions and journals. Use the search box below and select the appropriate options from the dropdown menu at the top left of your screen.

While many journals are only available through paid databases, high-quality, open access journals are increasingly common. The following sources collect freely available journal articles.

Books, Dictionaries, Encyclopedias, Treatises, Dissertations, Etc.

Secondary sources are also increasingly available online for free. 

Federal Data Sources

Many government data sources are made available to the public for free online. Check the websites of relevant agencies or organizations to look for additional data.

• Additional sources are available on the Harvard Law School Library's website.

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This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Apr 12, 2024 4:50 PM
• URL: https://guides.library.harvard.edu/law/free

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• Feb 28, 2023

Law & Legal Research- Hypothesis |Case Study| Questionnaire

So, what is ‘law’ really.

The law can be defined as a body of rules of action or conduct prescribed by a controlling authority, and having binding legal force/ authority. Law is an instrument which regulates human conduct/behaviour.

Law essentially means Justice, Morality, Reason, Order, and Righteous from the point of view of the society. Law also means Statutes, Acts, Rules, Regulations, Orders, and ordinances from the point of view of the legislature.

It has also been considered as a social construct that defines the extent of people’s rights and duties towards their nation.

Here are some of the definitions of law by popular jurists of their time:

According to Austin:

“A law is a command which obliges a person or persons to a course of conduct"

According to Salmond:

“The law may be defined as the body of principles recognized and applied by the State in the administration of Justice”.

Here are the four major types of law in the Indian Judicial System:

1. Criminal Law

This is a set of laws that takes cognizance of crimes committed by individuals in society. These set of laws are enforced by the police and adjudicated upon by Magistrates, the Court of Sessions, the High Court and the Supreme Court. Crimes are not taken up against an individual but against the State itself (as it is viewed as a hindrance to the harmony existing in society i.e. a social pathology).

For example: Murdering someone leads to a penalty under Section 302 of the Indian Penal Code with punishment by death, life imprisonment or fine or both.

2. Civil Law

This is a set of laws that deal with actions that aren’t a crime. It is a part of the law dealing with disputes between organizations and people. It covers different areas similar to defamation, custody of youngsters, proper training, divorce, commerce union membership, property disputes, possession points, insurance coverage claims etc.

3. Common Law

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.

For example: In adjudicating upon matters under the Indian Contract Act, the courts consider common law doctrines and allow case precedents that are held under the aegis of the Privy Council or the House of Lords in England.

Also, in Indian Trademark Law (Trademarks Act, 1999), the doctrine of prior use is incorporated from the existing common law rights of a proprietor.

4. Statutory Law

Statute or Statutory Law is a law established by an act of the legislature that’s signed by the Executive or Legislative body. For State law, the Acts are handled by the state legislature and signed by the State governor. In rare circumstances, the Chief (President or Governor) could refuse to assent the law or reject it, which is similar to the ‘veto’ power.

For example The Indian Contract Act of 1872, The Finance Act, of 2020, GST Act, of 2017.

How research gets added to the mix

Research is defined as the careful consideration of study regarding a particular concern or problem using scientific methods.

Legal research has been defined as a process of finding the law that governs an activity and materials that explain or analyse that law.

Legal research includes various processes ranging from information gathering to analysing the facts of a problem and communicating the investigation results. It is the amalgamation of scientific methods (pertaining to the study of data) and the law to make the latter better and more efficient for society.

A research problem can be simply defined as a problem which a researcher wants to solve or analyse and get valuable insights on. Post the indentification of "problem", generally a Hypothesis follows.

Now, what is a Hypothesis?

A Hypothesis can be defined as an idea formed beforehand which has less value than the generally formed view about a particular problem.

A hypothesis is a specific, clear, and testable proposition or predictive statement about the possible outcome of a scientific research study based on a particular property of a population, such as presumed differences between groups on a particular variable or relationships between variables.

According to Robert A Berslein and James A Dryer :

“A hypothesis is an assertion of the causal association between two properties”

Importance of Hypothesis in Legal Research:

A hypothesis gives a point of enquiry i.e. a starting point in delving into a particular research problem. In the absence of a hypothesis, a researcher is a lost ship on a wide sea without a navigation system.

Hypothesis helps a researcher in deciding the direction of the study and helps him formulate the required materials for the same.

Hypothesis provides precision to a research problem.

A hypothesis helps in drawing relevant and specific conclusions to a study.

A hypothesis helps in identifying the nature of the research and its extent.

Hypothesis helps in the collection and analysis of data by equipping the researcher with the input of “what to look for”.

The two major ways to put a hypothesis to the test

The case study method.

A case study is a research method that involves an up-close, in-depth and detailed investigation of a subject of study and its related contextual position. They can be produced following a form of research.

A case study helps in bringing the understanding of a complex issue or object. It can extend experience or add strength to the existing knowledge through previous research. Their contextual analysis revolves around a limited number of events or conditions and how they relate.

Therefore, a case study is a research method which allows a person to understand why and how to investigate questions. Here, a researcher has no control over variables, especially in situations when the case is current. In a studied case, many additional factors affect the phenomenon and can be described or analysed only by a case study.

In legal research, a case study can be used for many purposes as it allows the capacity to describe different factors and interactions with each other in real contexts. It offers various learning opportunities and experiences by influencing the different practices of theories.

For researchers, it is considered a valuable data source in terms of the diversity and complexity of educational purposes and settings. It plays a significant role in putting theories into regular practice. It is always important for the student to understand the clarity in nature and focus of the case study.

The importance of case study in research:

Major aspects of a problem can be understood and analysed easily. The results can be then presented comprehensively.

Case studies help secure a wealth of details about a unit of study and the techniques that can be used to research a similar problem. The data and direction of research can be adopted or modified to enter a new domain of a problem.

Case studies help researchers arrive at the actual human experience and attitudes which constitute the full and actual reality of a problem.

A case study is a suitable method when the problem under study forms a process rather than one isolated incident.

Case studies are regarded as scientific as they are conducted by analysing historical/empirical data about a problem.

The Questionnaire Method

A questionnaire is a research instrument that consists of a set of questions or other types of prompts that aims to collect information from a respondent. It is essentially one of the primary methods of data collection for the investigation of research problems.

Lundberg defines a questionnaire as

“a set of stimuli to which literal people are exposed to observe their behaviour under these stimuli”

According to Bogardus : A questionnaire is

“A list of questions sent to several persons for their answers and which contains standardised results that can be tabulated and treated statistically”

Types of Questionnaires:

Pauline V. Young (PV Young) classified questionnaires into:

1. Structured Questionnaires : These include pre-coded questions with well-defined skipping patterns to follow the sequence of questions. Most of the quantitative data collection operations use structured questionnaires.

As per PV young:

"Structured questionnaires are those which pose definitive, concrete and pre-oriented questions i.e. they are prepared in advance and not constructed on the spot during the questioning period”

This type of questionnaire can be categorized into further two types:

Closed-form: A questionnaire that has few alternative answers (like a yes/no, true/false)

Open-ended: A questionnaire that provides the answerer with the freedom to express his opinion without an endpoint. This method is used primarily for intensive studies.

2. Unstructured Questionnaire : These include open-ended and vague opinion-type questions. Some of them may be questions that are not in the format of interrogative sentences and the moderator or the enumerator has to elaborate on the sense of the question. Focus group discussions use such a questionnaire.

This type assumes insight, articulateness, and fact possession and aims for precision to attain maximum information regarding a particular problem. Because it is flexible, this is one of the most common types of questionnaires used by modern lawmakers.

The Distinction between Questionnaire and a normal Interview:

A questionnaire is self-administered whereas, in an interview, an interviewer needs to conduct the proceeding.

A questionnaire is geared at collecting data from literate people who can comprehend the questions whereas, interviews are admissible to both literates and illiterates as the interviewer acts as a medium.

The rate of response is poor in questionnaires whereas, in interviews, people generally answer the questions then and there.

The questionnaire method is less expensive to administer whereas, interviews are generally expensive and hard to conduct.

Questionnaires provide anonymity to the answerers whereas, in interviews, there is an absence of complete anonymity.

• Need to Know

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O.J. Simpson will be cremated; estate executor says 'hard no' to controversial ex-athlete’s brain being studied for CTE

A lawyer who represented O.J. Simpson, who died from cancer last week at 76, said Sunday that the former NFL star’s body will be cremated in the coming days, and there are no plans to have his brain donated to science.

“On at least one occasion, someone has called saying he’s a CTE guy who studies the brain,” said attorney Malcolm LaVergne, referring to chronic traumatic encephalopathy, a degenerative brain disease that has been studied in former football players and is associated with behavioral and cognitive issues related to repeated head injuries.

“That’s a hard no,” LaVergne added. “His entire body, including his brain, will be cremated.”

News of the cremation and the request to study his brain was first reported by the New York Post .

LaVergne, who is now serving as the executor of Simpson’s estate, said there are tentative plans for a “celebration of life” gathering limited to close friends and family. Simpson had three children with his first wife, Marguerite Whitley, and two children with his second wife, Nicole Brown Simpson, whom he divorced in 1992. In 1995, Simpson was famously acquitted in the murder of Brown Simpson and her friend Ronald Goldman.

LaVergne on Sunday also clarified comments made to the Las Vegas Review-Journal on Friday in which he said he didn’t want Goldman’s family to be able to collect any money from Simpson’s estate and it was “my hope that the Goldmans get zero, nothing.”

He said he was referring to a debt collection lawyer working with the Goldman family who, “within an hour we announced Simpson’s death, is bashing Simpson and all this stuff, ‘We’re going to do this and that.’”

“In hindsight, in response to that statement that ‘it’s my hope they get zero, nothing,’ I think that was pretty harsh,” LaVergne added. “Now that I understand my role as the executor and the personal representative, it’s time to tone down the rhetoric and really get down to what my role is as a personal representative.”

As he works to calculate the worth of Simpson’s estate and take inventory of his assets and belongings, LaVergne said he would invite a legal representative of the Goldmans to review his findings.

“We can get this thing resolved in a calm and dispassionate manner,” LaVergne said.

Following Simpson’s death, Goldman’s father, Fred Goldman, expressed no sympathy for the fallen Hall of Fame icon turned Hollywood pitchman, telling NBC News that “it’s no great loss to the world. It’s a further reminder of Ron’s being gone.”Simpson, who long maintained his innocence in the deaths of Brown Simpson and Goldman, died without having paid off most of a $33.5 million wrongful death judgment awarded in 1997 in a lawsuit filed by the victims’ families.

LaVergne said he welcomes Fred Goldman and his lawyer, David Cook, trying to ascertain any other financial assets, but with Simpson’s death, the estate must distribute money to creditors who have claims “according to priority.”

“Goldman and the other creditors for decades now have played, ‘Hey, if I get to find something of Simpson’s first, I get it or I get most of it,’” LaVergne said.

“But keep in mind, if he finds $1 million, he no longer gets to keep that $1 million,” he added. “The $1 million is going to come into the estate first, and then we see where the priorities are, and then he gets to keep it because he’s No. 8 on the list” of priorities.

LaVergne has said among Simpson’s debts is money owed to the Internal Revenue Service. In the wake of the lawsuit against him three decades ago, many of Simpson’s possessions, including footballs, jerseys and other sports memorabilia, were seized from his Brentwood estate in California to pay off the judgment. Simpson was living in Las Vegas before his death.

Cook said Sunday that there will be intense interest from lawyers for various parties seeking restitution as Simpson's finances are laid bare.

But "everybody knows when O.J. left, he left without penance," Cook said.

Goldman and Cook have said the litigation against Simpson was not about the money but seeking justice after his acquittal.

“It’s holding the man who killed my son and Nicole responsible,” Fred Goldman said in a previous statement after winning his civil trial.

Simpson’s will asks that LaVergne also set aside money for a “suitable monument” at his gravesite. It also says that Simpson wants the document to be administered “without litigation or dispute,” and if any beneficiary or heir fails to follow that dictate, they “shall receive, free of trust, one dollar ($1.00) and no more in lieu of any claimed interest in this will or its assets.”

Erik Ortiz is a senior reporter for NBC News Digital focusing on racial injustice and social inequality.

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7 Historical Legal Research: Implications and Applications

• Published: January 2020
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Study of history of laws and legal systems unravels their social dimensions and gives insight into the dynamics of economics, communitarian ethos, and the cultural trajectory beneath them. History unravels the growth of legal concepts, ideas, conscience of the community underlying the law, political and social movements which produced the law, and international relations, which shaped the law at the national and international levels. Within this discussion on historical legal research, the chapter discusses the following points: ( a ) the interrelated nature of internal legal history, which focuses on evolution of law making, and external legal history, which contextualises law in its social milieu; ( b ) how archival research, which is a part of historical study, should be conducted by examining the authenticity of the document, relation with events, and central proposition emerging in the discourse; ( c ) the building up of knowledge of the legal system by legal historians, judges, and scholars have through historical study; and ( d ) the application of internal and external criticisms to archival data in legal disputes involving historical disagreements.

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Arizona’s abortion ban is likely to cause a scramble for services in states where it’s still legal

An Arizona Supreme Court decision that would end virtually all abortions in the state puts the issue front and center in a critical 2024 battleground.

Arizona Attorney General Kris Mayes speaks to reporters at the state Capitol in Phoenix on Tuesday, April 9, 2024. (AP Photo/Jonathan Copper)

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FILE - This file photo shows Celina Washburn at a protest on Sept. 23, 2022, outside the Arizona Capitol in Phoenix to voice her opposition to an abortion ruling. The Arizona Supreme Court ruled Tuesday, April 9, 2024, that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York, File)

Adrienne Mansanares expects a flurry of calls from patients in Arizona starting this week.

She’s the president and CEO of Planned Parenthood of the Rocky Mountains, which has clinics that provide abortions in Colorado, New Mexico and Nevada. Mansanares said the clinics should be able to accommodate people who are seeking the procedure in the wake of an Arizona Supreme Court decision .

“That is still a very long way for patients to go for health care,” she added, noting that the clinics already have seen nearly 700 patients from Arizona since Roe v. Wade was overturned in June 2022.

Doctors and clinic leaders said there’ll be a scramble across the Southwest and West for abortion care due to Tuesday’s decision, which said officials may enforce an 1864 law criminalizing all abortions except when a woman’s life is at stake.

“People are going to have to start looking out of state,” said Dr. Maria Phillis, an Ohio OB-GYN who also has a law degree. “This is now another place where they can’t go safety to access care.”

On top of potentially long distances to states like New Mexico, California and Colorado, patients who used to go to Arizona from other states for abortion care will have to go elsewhere, Phillis said.

Plus, Arizona is home to more than 20 federally recognized tribes, and barriers are expected to be higher for Native Americans because of existing hurdles, such as a decades-old ban on most abortions at clinics and hospitals run by the federal Indian Health Service and fewer nearby health centers offering abortions.

Interstate travel for abortions nearly doubled between 2020 and 2023, according to the Guttmacher Institute, a research group that supports abortion rights. Out-of-state patients accounted for 16% of abortions obtained nationally, compared to 9% in 2020, the group said.

Guttmacher data scientist Isaac Maddow-Zimet said that when bans go into effect, more people travel to less restrictive or non-restrictive states, but “not everybody is able to” travel.

Traveling could mean pushing abortions later into pregnancy as people try to get appointments and potentially face mandatory waiting periods. According to results of a periodic survey spearheaded by Middlebury College economics professor Caitlin Myers, waits in several states stretched for two or three weeks at various points since federal abortion protections were overturned; some clinics had no available appointments.

The Brigid Alliance works nationally to help people who need abortions receive financial and logistical support like airfare, child care, lodging and other associated costs. Last year, it helped 26 people travel out of Arizona to get abortions.

Interim executive director Serra Sippel expects the number of calls from Arizona residents to grow.

People that the alliance has helped go out of state — mostly from Georgia, Texas and Florida — have seen backlogs stretching to four to five weeks because of higher demand, Sippel said. Some get bounced between clinics because their pregnancy has passed the point that they can get care there.

“With a pregnancy, every moment counts,” said Sippel, who added that delays can have serious repercussions. Phillis noted procedures done later in a pregnancy could take longer and be slightly more complicated.

The Abortion Fund of Arizona, which helps people travel for abortions both in and out of state, said out-of-state clinics have required patients to stay to take the second pill used in medication abortions because of concerns about liability. That means multi-day trips, said Eloisa Lopez, executive director of Pro-Choice Arizona and the abortion fund.

“We’re looking at anywhere from $1,000 to $2,000 per person for travel expenses, with their abortion procedure expense,” Lopez said.

Lopez also said she has spoken with the governor’s office about state funding for abortion-related travel expenses.

Meanwhile, in Tucson, a CEO of a pregnancy center that opposes abortion said things are likely to stay the same under the new law. Hands of Hope Tucson has been around for 43 years, is about 200 steps from a Planned Parenthood clinic and is pretty busy, CEO Joanie Hammond said.

“We’re just coming alongside women and men who are facing an unexpected pregnancy … We’ve always been about the women and about the babies,” she told the AP. “At the pregnancy center, I see the women and I see what happens to them after they go through that abortion experience. We just want to be there to help them in the next step for healing and whatever they need.”

For Arizona residents who are closer to California, which expanded its abortion protections after Roe v. Wade was overturned, officials are pointing people toward the Abortion Safe Haven Project. Created by the state and Los Angeles County, the project has guidance and resources for out-of-state patients.

Planned Parenthood of the Pacific Southwest put out a statement this week from president and CEO Darrah DiGiorgio Johnson, saying it supports out-of-state patients with navigation services to help them tackle logistical barriers to care.

This story was first published on April 10, 2024. It was updated on April 12, 2024, to correct to whom Pro-Choice Arizona spoke about funding. The organization talked to the governor’s office, not municipalities, about state funding for abortion-related travel expenses.

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

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Regions & Countries

9 facts about americans and marijuana.

The use and possession of marijuana is illegal under U.S. federal law, but about three-quarters of states have legalized the drug for medical or recreational purposes. The changing legal landscape has coincided with a decades-long rise in public support for legalization, which a majority of Americans now favor.

Here are nine facts about Americans’ views of and experiences with marijuana, based on Pew Research Center surveys and other sources.

As more states legalize marijuana, Pew Research Center looked at Americans’ opinions on legalization and how these views have changed over time.

Data comes from surveys by the Center,  Gallup , and the  2022 National Survey on Drug Use and Health  from the U.S. Substance Abuse and Mental Health Services Administration. Information about the jurisdictions where marijuana is legal at the state level comes from the  National Organization for the Reform of Marijuana Laws .

More information about the Center surveys cited in the analysis, including the questions asked and their methodologies, can be found at the links in the text.

Around nine-in-ten Americans say marijuana should be legal for medical or recreational use,  according to a January 2024 Pew Research Center survey . An overwhelming majority of U.S. adults (88%) say either that marijuana should be legal for medical use only (32%) or that it should be legal for medical  and  recreational use (57%). Just 11% say the drug should not be legal in any form. These views have held relatively steady over the past five years.

Views on marijuana legalization differ widely by age, political party, and race and ethnicity, the January survey shows.

While small shares across demographic groups say marijuana should not be legal at all, those least likely to favor it for both medical and recreational use include:

• Older adults: 31% of adults ages 75 and older support marijuana legalization for medical and recreational purposes, compared with half of those ages 65 to 74, the next youngest age category. By contrast, 71% of adults under 30 support legalization for both uses.
• Republicans and GOP-leaning independents: 42% of Republicans favor legalizing marijuana for both uses, compared with 72% of Democrats and Democratic leaners. Ideological differences exist as well: Within both parties, those who are more conservative are less likely to support legalization.
• Hispanic and Asian Americans: 45% in each group support legalizing the drug for medical and recreational use. Larger shares of Black (65%) and White (59%) adults hold this view.

Support for marijuana legalization has increased dramatically over the last two decades. In addition to asking specifically about medical and recreational use of the drug, both the Center and Gallup have asked Americans about legalizing marijuana use in a general way. Gallup asked this question most recently, in 2023. That year, 70% of adults expressed support for legalization, more than double the share who said they favored it in 2000.

Half of U.S. adults (50.3%) say they have ever used marijuana, according to the 2022 National Survey on Drug Use and Health . That is a smaller share than the 84.1% who say they have ever consumed alcohol and the 64.8% who have ever used tobacco products or vaped nicotine.

While many Americans say they have used marijuana in their lifetime, far fewer are current users, according to the same survey. In 2022, 23.0% of adults said they had used the drug in the past year, while 15.9% said they had used it in the past month.

While many Americans say legalizing recreational marijuana has economic and criminal justice benefits, views on these and other impacts vary, the Center’s January survey shows.

• Economic benefits: About half of adults (52%) say that legalizing recreational marijuana is good for local economies, while 17% say it is bad. Another 29% say it has no impact.

• Criminal justice system fairness: 42% of Americans say legalizing marijuana for recreational use makes the criminal justice system fairer, compared with 18% who say it makes the system less fair. About four-in-ten (38%) say it has no impact.
• Use of other drugs: 27% say this policy decreases the use of other drugs like heroin, fentanyl and cocaine, and 29% say it increases it. But the largest share (42%) say it has no effect on other drug use.
• Community safety: 21% say recreational legalization makes communities safer and 34% say it makes them less safe. Another 44% say it doesn’t impact safety.

Democrats and adults under 50 are more likely than Republicans and those in older age groups to say legalizing marijuana has positive impacts in each of these areas.

Most Americans support easing penalties for people with marijuana convictions, an October 2021 Center survey found . Two-thirds of adults say they favor releasing people from prison who are being held for marijuana-related offenses only, including 41% who strongly favor this. And 61% support removing or expunging marijuana-related offenses from people’s criminal records.

Younger adults, Democrats and Black Americans are especially likely to support these changes. For instance, 74% of Black adults  favor releasing people from prison  who are being held only for marijuana-related offenses, and just as many favor removing or expunging marijuana-related offenses from criminal records.

Twenty-four states and the District of Columbia have legalized small amounts of marijuana for both medical and recreational use as of March 2024,  according to the  National Organization for the Reform of Marijuana Laws  (NORML), an advocacy group that tracks state-level legislation on the issue. Another 14 states have legalized the drug for medical use only.

Of the remaining 12 states, all allow limited access to products such as CBD oil that contain little to no THC – the main psychoactive substance in cannabis. And 26 states overall have at least partially  decriminalized recreational marijuana use , as has the District of Columbia.

In addition to 24 states and D.C.,  the U.S. Virgin Islands ,  Guam  and  the Northern Mariana Islands  have legalized marijuana for medical and recreational use.

More than half of Americans (54%) live in a state where both recreational and medical marijuana are legal, and 74% live in a state where it’s legal either for both purposes or medical use only, according to a February Center analysis of data from the Census Bureau and other outside sources. This analysis looked at state-level legislation in all 50 states and the District of Columbia.

In 2012, Colorado and Washington became the first states to pass legislation legalizing recreational marijuana.

About eight-in-ten Americans (79%) live in a county with at least one cannabis dispensary, according to the February analysis. There are nearly 15,000 marijuana dispensaries nationwide, and 76% are in states (including D.C.) where recreational use is legal. Another 23% are in medical marijuana-only states, and 1% are in states that have made legal allowances for low-percentage THC or CBD-only products.

The states with the largest number of dispensaries include California, Oklahoma, Florida, Colorado and Michigan.

Note: This is an update of a post originally published April 26, 2021, and updated April 13, 2023.  

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Americans overwhelmingly say marijuana should be legal for medical or recreational use

Religious americans are less likely to endorse legal marijuana for recreational use, four-in-ten u.s. drug arrests in 2018 were for marijuana offenses – mostly possession, two-thirds of americans support marijuana legalization, most popular.

About Pew Research Center Pew Research Center is a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping the world. It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts .