What Is a Legal Method

Legal research methodology is simply a way of addressing and investigating unresolved legal issues or issues. In the second semester of the Faculty of Law, our students take Legal Methods II, a two-credit course focused on persuasive legal analysis. Students learn both written and oral by writing an application note and appeal brief, and by presenting oral argument. If we stay in the same small sections with the same teacher during the first year, our students can achieve a significant score and build strong professional relationships without a teacher. It is the first school of law and the main protagonists of this theory are Plato, Zeno, Thomas Aquinas, Socrates, Grotius, etc. Natural law simply means what is right and just. Naturalists believe that there are certain rules inherent in man that tell him what is right and right and motivate him to do good and avoid evil. It is perceived by man through reason and includes the laws that man, in his wisdom, will gladly accept as just and necessary for society. The reason for the technical language of law is to mystify it so that laymen do not understand it, but the legal profession has been advised to get rid of its mysterious language and put on the garb of modernity.

However, the purpose of the comparative method is not to draw simple similarities and differences. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. Legal research can be a combination of methods of interpreting and applying legally relevant information. There are no uniform or universal approaches to legal research methods. There is “no established legal methodology” applicable in all cases. It is not always possible to make clear distinctions between the above methodological approaches. Each legal system has its own history, basic principles and procedures, and its own forms of legal sources of publication. Frédéric de Savigny rejected it because it favoured a radical and revolutionary change, contrary to his preference for the evolutionary growth of law. It is also expensive and time-consuming, and requires intellectual skills. It destroys continuity in the development of law.

There are different approaches to research methodology, such as analytical, interdisciplinary, comparative and historical. “An established legal truth or statement so clear that social law research uses the theories and methods of the social sciences to examine the functioning of law, legal processes, and legal institutions.” Different legal systems use different formulating styles to solve the problem. Legal research methodology also refers to the rules of interpretation of legal problems and questions. It is a systematic attempt to put forward an argument in order to arrive at a faithful or accurate representation of the object under consideration. Through this technique, the law allows the individual to manage his or her private life and affairs as he or she wishes, as long as it is within the bounds of the law. Technology does not bind every member of society to its rules. It binds only those who want to be bound. For example, a person is not obliged to marry, but if such a person chooses to do so, he must do so within the legal framework. Thus, a person has the right to marry in accordance with marriage law, customary law or Islamic law. If he decides to marry in accordance with the Marriage Act, he must comply with its provisions. Similarly, there is freedom of choice when drafting a will, and if he decides to draw up a will, he must comply with the law established on the will for it to be valid.

However, research methodology differs from research methods. The “research method” generally includes all methods and techniques used to collect and process data. Legal writing is an art that should not be taken for granted. The importance of writing has been demonstrated in articles, letters, magazines, agreements, essays, reports, court cases, etc. These legal writings assist scholars in their legal work. Writing is not an innate skill and therefore needs to be developed. Good legal drafting must be precise, short, clear, orderly and original. Researchers also need to know the criteria by which they can decide that certain methods should be applied to certain problems. Legal research is therefore the use of library materials to search for recorded information on a particular legal issue in order to decisively determine the rights, obligations and obligations of the parties. He is also known for finding source documents that can be used for academic papers to support legal arguments and help decide cases. Quantitative research also tests many variables by generating primary data. The process of generalizing the sample to the population is an example of quantitative rather than qualitative research methodology.

Thus, the method is a tool or technique such as a qualitative or quantitative method. This also includes interviews, case studies or investigations. The interdisciplinary approach to legal research argues that legal research should not be limited to strictly legal, but should also explore the interface between law and other disciplines. iii. Analysis of social law issues and application of legal rules: An essay in legal writing should contribute to social, economic, political, cultural, educational and much more issues. It must reflect social problems and realities in order to make a good impression. When writing from the point of view of a legal mind, one cannot ignore important details. Any legal principle that contradicts established legislation can become vulnerable to legal criticism and be struck down by the courts. It is important for a researcher to know the research methodology and understand the assumptions of the underlying methods. In most cases, the analytical approach focuses on one or more legal concepts or theories.

The substantive law of this technique, which deals with rights and obligations, includes contract law, tort law, commercial law, labor law, etc. The procedural aspects of this technique include civil procedure law, civil remedies, legal advice, etc. The main purpose of studying the legal method is to enable students to plead like a lawyer. Therefore, it is paramount that legal considerations are discussed so that students understand their concept. Bills are finished products of what started as a proposal that is transformed into draft laws prepared by the draftsman. Effective legal research is hardly possible without a good understanding of the research methodology. A researcher must justify important methodological decisions in his or her work. Thus, despite their radical differences in method and point of view, law and sociology share a fundamentally similar basic material. The researcher must properly explain why he or she uses a particular method to evaluate the results of the research by himself or by others.

The adoption of a particular methodology should flow from the objective and purpose of the research. In social law research, law is considered one of the instruments of social policy. If the majority judgments are identical and based on the same legal principle, the principle is the ratio decidendi of the case. A. Obilade suggests in his book The Nigerian Legal System that a bill that is not supported by the majority and rejected by the majority should not be considered a ratio decidendi of the case. The common law is made up of former judges who have decided cases that are relevant to this case. The common law was strictly formal and full of legalism, for example, if a plaintiff does not issue a declaration or does not have an appropriate declaration, he has no recourse. The only common law remedy was an award of damages.

An analytical method is the most important and widely used in legal research. The analysis includes an explanation of the cause and effect of complex phenomena. Qualitative research deals with the explanation, interpretation and understanding of phenomena, themes or things. It is mainly based on human perception and understanding. It is the subjective assessment of the social or legal problem, situation and attitude. The researcher can choose the method that best suits the questions and available sources. It depends on the nature of the research question. A wide range of strategies are used in employment law research, from statistical evaluation of the survey to analysis of interviews. It is generally accepted that the use of more than one method enhances the validity and credibility of research. It simply means strict application of the law, sometimes without ensuring that justice is taken into account in the circumstances. He cares too much about the details of the law instead of following the spirit of the law and fulfilling the main purpose of the law, which is to deliver justice. The problem of legalism has resulted in the principle of fairness, which helps to alleviate the difficulties caused by the strict application of the law.

The quantitative research method complements traditional legal research to examine the complexities of law, legal actors and legal activities. On the other hand, research methodology refers to the set of methods that guide thinking in a particular field of study. Legal Method is an introductory course for new law students to indoctrinate them in law school. It helps students to provide a foundation for the proper understanding and application of the various material rules and principles they will encounter during their legal training. The results of qualitative research tend to be open, which is difficult to generalize: much qualitative research is doctrinaire.