Assignment On : Terminology

Subject : Law Research Methodology

Submitted To: Prof. Dr. Hunud Abia Kadouf Dean, Ahmad Ibrahim Kulliyyah of Laws

Submitted By: Asif Mohammad Junaid Metric No: G1418247

Ahmad Ibrahim Kulliyyah of LawsInternational Islamic University Malaysia

Search: Search means to look into or over carefully or thoroughly in an effort to find or discover something.1 Search can be done at anywhere, for looking anything needed.

Research: In the broadest sense of the word, the definition of research includes any gathering of data, information and facts for the advancement of knowledge.2

Generally research means the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.

Method: Method means a particular form of procedure for accomplishing or approaching something, especially a systematic or established one.

It can be said that, a procedure, technique, or way of doing something, especially in accordance with a definite plan.

On the other hand, a manner of mode of procedure, especially an orderly, logical, or systematic way of instruction, inquiry, investigation, experiment, presentation etc.3

Methodology: Generally it means a system of methods used in a particular area of study or activity.

On the other hand, it can be said that, methodology means a set or system of methods, principles and rules for regulating a given discipline as in the arts or science.4

1 Merriam-Webster, 'what is search'? http://www.merriam-webster.com/dictionary/search

2 Explorable.com, ‘definition of research’; https://explorable.com/definition-of-research

3 Dictionary.com, ‘what is method’? http://dictionary.reference.com/browse/method

4 Dictionary.com, ‘what is methodology’? http://dictionary.reference.com/browse/methodology

Source: It is place where data can be found. It also can be said that, Source means anything or place from which something comes, arises is obtained; origin. Mainly, Source has 3 types, these are: Primary data, Secondary data and Tertiary data.5

Resource: Resource can be defined as finding tools or research tools. It is in face a gateway to access or to collect data for a research.

On the other hand, resource means a source of supply, support or aid, especially one that can be readily drawn upon when needed.6

Kinds and definition of Sources:

Primary Sources: The three main sources of the law are legislation (including statutes, ordinances, laws, codes, charters and other international agreements and constitutional), administrative rules and regulations (including rules, regulations, decrees, orders and licenses promulgated by administrative agencies, non-legislative governmental entities and other regulatory boards and commissions), and judicial opinions from cases that have come before the courts. These will be referred to the primary sources of the law.7

Primary sources are original materials. They are from the time period involved and have not been filtered through interpretation or evaluation. Primary sources are original materials on which other research is based. They are usually the first formal appearance of results in physical, print or electronic format. They present original thinking, report a discovery, or share new information.8

5 Dictionary.com, ‘meaning of source’; http://dictionary.reference.com/browse/source

6 Dictionary.com, ‘meaning of resource’; http://dictionary.reference.com/browse/resource

7 Murray, Michael D, ‘Legal research, writing and analysis’, (New York : Foundation Press, 2006) page 1-2

8 Online library, University of Maryland, ‘kinds of sources’ http://www.lib.umd.edu/tl/guides/primary-sources

Secondary Sources: The commentary and interpretations of the law written by legal scholars, judges, legislators and legal practitioners in treatises, restatements of the law, hornbooks, law reviews articles, annotations, encyclopedias, legislative history documents and other compilations will be referred to as secondary sources of the law.9

Secondary sources are less easily defined than primary sources. Generally, they are accounts written after the fact with the benefit of hindsight. They are interpretations and evaluations of primary sources. Secondary sources are not evidence, but rather commentary on and discussion of evidence. However, what some define as a secondary source, others define as a tertiary source. Context is everything.10

Tertiary Sources: A tertiary source is an index and/or textual consolidation of primary and secondary sources. Some tertiary sources are not to be used for academic research, unless they can also be used as secondary sources, or to find other sources. Generally, tertiary sources consist of information which is a distillation and collection of primary and secondary sources.11

Reference: Firstly, reference can be defined as: -

1. The action of mentioning or alluding to something, or 2. As use of a source of information in order to ascertain something, or 3. As by providing a book or article with citations of authorities.

On the other hand, In patent law, a reference is a document that can be used to show the state of knowledge at a given time and that therefore may make a claimed invention obvious or anticipated. Examples of references are patents of any country, magazine articles, Ph.D. theses that are indexed and thus accessible to 9 Murray, Michael D, ‘Legal research, writing and analysis’, (New York : Foundation Press, 2006) page 1-2

10 Online library, University of Maryland, ‘kinds of sources’; http://www.lib.umd.edu/tl/guides/primary-sources

11 Online library, University of Maryland, ‘kinds of sources’; http://www.lib.umd.edu/tl/guides/primary-sources

those interested in finding information about the subject matter, and to some extent Internet material that is similarly accessible.12

Bibliography: Bibliography can be defined as

1. A list of the books referred to in a scholarly work, usually printed as an appendix, or

2. A list of the books of a specific author or publisher, or on a specific subject, or

3. The history or systematic description of books, their authorship, printing, publication, editions etc.

On the other hand, it can be defined as13: -

1. A complete or selective list of works compiled upon some common principle, as authorship, subject, place of publication, or printer.

2. A list of source materials that are used or consulted in the preparation of a work or that are referred to in the text.

3. A branch of library science dealing with the history, physical description, comparison, and classification of books and other works.

Doctrinal Research: Doctrinal research is a research that asks what the law is on a particular issue. Generally doctrinal research is concerned with legal propositions and doctrines. In doctrinal legal research the sources of data are legal and legal decisions. I.e. Doctrinal concerns with documents.14

Non-doctrinal Research: Non-doctrinal research is a legal research that employs methods taken from other discipliner to generate empirical data to answer research questions. Normally non-doctrinal research concerned with people, social values

12 Wikipedia, ‘definition of reference’; https://en.wikipedia.org/wiki/Reference

13 Dictionary.com, ‘definition of bibliography’; http://dictionary.reference.com/browse/bibliography

14 Terry Hutchinson and Nigel Duncan, http://www.lawteacher.ac.uk/docs/hitchinson-and-duncan.ppt, 2010

and social institutions and it deals with people and importance is given to society and people.

Non-doctrinal approach allows the researcher to perform inter disciplinary research where he analyses law from the perspective of other sciences and employs these sciences in the formulation of the law.

Non-doctrinal research is a socio-legal research; it can be qualitative or quantitative. It can be a problem, policy or law reform based.15

Empirical Research: Empirical research is a type of research method in which empirical observation or data are collected in order to answer particular research questions. It is primarily used in academic research as well as in answering practical question.

Empirical research normally starts with some a priori theory, which the researcher develops to try to explain and/or predict what happens in the real world. The purpose of the research is to test the theory and possibly refine it.16

Qualitative Research: Qualitative research is a type of research that relates to a qualitative phenomenon. I.e. - Phenomenon relating to or involving quality or kind. Qualitative is centered on the nature and essence of an event by using data collected through interviews and observation.

Qualitative refers a way of conducting, and conceiving, of research. In qualitative research, the researcher is the instrument or the tool for designing, collecting, and analyzing research. Qualitative research, in contrast to quantitative research, 15 Terry Hutchinson and Nigel Duncan, http://www.lawteacher.ac.uk/docs/hitchinson-and-duncan.ppt, 2010

16 Daniel Moody, what is empirical research, www.itu.dk/~oladjones/.../what%20is%20empirical%20research1.pdf ; 2002:1

generally does not translate aspects of the world into numbers to be analyzed mathematically. Instead, it analyzes the world through the lenses the researcher brings to bear on the data.17

Quantitative Research: Quantitative research is ‘Explaining phenomena by collecting numerical data that are analyzed using mathematically based methods (in particular statistics)’.18

Quantitative research is systemic scientific investigation of quantitative properties of a phenomenon and their inter-relation.

Quantitative research is the numerical representation and manipulation of observations for the purpose of describing and explaining the phenomena that those observations reflect. It is used in a wide variety of natural and social sciences, including physics, biology, psychology, sociology and geology.19

Quantitative research is a formal, objective, systematic process in which numerical data are used to obtain information about the world.

This research method is used:

To describe variables; To examine relationships among variables; To determine cause-and-effect interactions between variables.20

Hypothesis: A hypothesis is a tentative explanation that accounts for a set of facts and can be tested by further investigation. For example, one hypothesis we might want to test is that poverty causes low achievement, or that there is a relationship between pupils’ self-esteem and the amount of time they spend watching TV.

17 Professor Vanessa Fong, "foundations of qualitative research in education", http://isites.harvard.edu/icb/icb.do?keyword=qualitative&pageid=icb.page340273 (accessed 22 October, 2015)

18 Introduction to ‘quantitative research’, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCMQFjABahUKEwjRrajTuMbIAhUFG44KHXG5CnM&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-data%2F36869_muijs.pdf&usg=AFQjCNHZXqKrfDHw7GuU_USjMf-sMd_6sw&bvm=bv.105454873,d.c2E&cad=rja (accessed on 25 October, 2015)

19 Wikipedia, “what is quantitative research”; https://en.wikipedia.org/wiki/Quantitative_research

20 Grove, S. K., and N. Burns. "The Practice of Nursing Research: Conduct, Critique, & Utilization." (2005).

Quantitative researchers design studies that allow us to test these hypotheses. We will collect the relevant data (for example, parental income and school achievement) and use statistical techniques to decide whether or not to reject or provisionally accept the hypothesis. Accepting a hypothesis is always provisional; as new data may emerge that reject it later on.21

Literature Review: literature review is defined as the basis for the framework of the research which assists in structuring, shaping and organizing the entire research. Literature review helps the researcher to know and to have his preliminary impressions about his problem and as well as assisting. 22

Its purpose it to:

1. Identify areas of prior scholarship to prevent duplication of effort;2. Point the way forward for further research;3. Identify new ways to interpret, and shed light on any gaps in, previous

research; and4. Place one’s original work in the context of existing literature.

Objectives of the Research: An accurate description of the specific actions the researcher will take in order to reach the aim of the thesis.23

Research objectives are statements of what the researcher intends to do. The objectives flow directly from the problem. They communicate what the researcher plans to do. Structurally, the objectives are seen as small particles which constitute the problem. The problem may be stated broadly but the objective should be stated in more specific and measurable term. Research objectives are usually stated in 21 Introduction to hypothesis; https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCMQFjABahUKEwjRrajTuMbIAhUFG44KHXG5CnM&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-data%2F36869_muijs.pdf&usg=AFQjCNHZXqKrfDHw7GuU_USjMf-sMd_6sw&bvm=bv.105454873,d.c2E&cad=rja , (accessed on 25 October, 2015)

22 Wikipedia, ‘what is literature review’; https://en.wikipedia.org/wiki/Literature_review (accessed 29 October, 2015

23 Better thesis, 'research objectives'; http://betterthesis.dk/getting-started/short-synopsis (accessed on 20 October, 2015)

declarative form and starts with infinitives like: to find out; to determine; to compare; or to test.

Footnotes: An explanatory or documenting note or additional information or references or comment at the bottom of a page, referring to a specific part of the text that is printed at the bottom of the page.24

Endnotes: A note at the end of an article, chapter, or book that comments on or cites a reference for a designated part of the text, or, note citing a particular source or making a brief explanatory comment placed at the end of a research paper.25

Abstract: An abstract is an abbreviated version of the objectives, methods, findings, and conclusions of a much larger report. Abstract means a very brief description of methods and a summary of the general nature of the results.26

Analysis: A careful study of something to learn about its parts, what they do, and how they are related to each other or an explanation of the nature and meaning of something.27

Simply, analysis means detailed examination of the elements or structure of something, typically as a basis for discussion or interpretation.Descriptive Research: Descriptive research is a study designed to depict the participants in an accurate way. More simply put, descriptive research is all about describing people who take part in the study. In general, descriptive research attempts to determine, describe, or identify what is.28

24 Dictionary.com, ‘definition of footnotes’; http://dictionary.reference.com/browse/footnote (accessed on 25 October, 2015)

25 The free dictionary, 'what is endnote'; http://www.thefreedictionary.com/endnote (accessed on 18 October, 2015)26

Fink, Arlene. Practicing research: Discovering evidence that matters. (SAGE, 2008)27

Merriam-Webster, 'definition of analysis'; http://beta.merriam-webster.com/dictionary/analysis

Analytical Research: Analytical research attempts to establish why it is that way or how it came to be. Analytical research is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted.29

Applied Research: Applied research is a form of systematic inquiry, involved with practical application of science. It accesses and uses some part of the research communities' (the academia's) accumulated theories, knowledge, methods, and techniques, for a specific, often state-, business, or client-driven purpose. Applied research is contrasted with pure research (basic research) in discussion about research ideals, methodologies, programs, and projects.30

Basic Research: Basic research, also called pure research or fundamental research, is scientific research aimed to improve scientific theories for improved understanding or prediction of natural or other phenomena. Generally, basic research focuses on fundamental principles and testing theories.31

Finding tools: Utilities available on the Internet to help you find information among the millions of documents on the Web.

Thesis: A statement or theory that is put forward as a premise to be maintained or proved, or, a long essay or dissertation involving personal research, written by a candidate for a college degree.32

28 research information, 'descriptive research'; http://researchinformation.blogspot.my/2012/05/descriptive-vs-analytical-research.html (accessed on 18 October, 2015)

29 ‘Definition of analytical research’; https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=analytical%20research (accessed on 19 October, 2015)

30 Wikipedia, 'what is applied research'; https://en.wikipedia.org/wiki/Applied_research31

Wikipedia, 'what is basic research'; https://en.wikipedia.org/wiki/Basic_research 32 Definition of thesis; https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=thesis%20definition (accessed on 21 October, 2015)

Dissertation: A long essay on a particular subject, especially one written as a requirement for the Doctor of Philosophy degree. Also it can be said that a written essay, treatise or especially one written by a candidate for the degree of Doctor of Philosophy, or, any formal discourse in speech or writing.33

Data: Things known or assumed as facts, making the basis of reasoning or calculation, or, acts and statistics collected together for reference or analysis. Also it can be said that data means facts or information used usually to calculate, analyze, or plan something, or, information that is produced or stored by a computer.34

Information: Information means facts provided or learned about something or someone, or, which is conveyed or represented by a particular arrangement or sequence of things. It also can be said that the act or fact of informing and knowledge gained through study, communication, research, instruction, etc. and also factual data.35

BIBLIOGRAPHY

Books:

33 Dictionary.com, ‘definition of dissertation’; http://dictionary.reference.com/browse/dissertation (accessed on 17 October, 2015)

34 Merriam-Webster, 'definition of data'; http://beta.merriam-webster.com/dictionary/data (accessed on 19 October, 2015)

35 Dictionary.com, 'what is information'; http://dictionary.reference.com/browse/information (accessed on 16 October, 2015)

1. Murray, Michael D, ‘Legal research, writing and analysis’, (New York : Foundation Press, 2006)

2. Grove, S. K., and N. Burns. "The Practice of Nursing Research: Conduct, Critique, & Utilization." (2005).

3. Fink, Arlene. Practicing research: Discovering evidence that matters. (SAGE, 2008)

Website:

1. Merriam-Webster, 'what is search'? http://www.merriam-webster.com/dictionary/search

2. Explorable.com, ‘definition of research’; https://explorable.com/definition-of-research

3. Dictionary.com, ‘what is method’? http://dictionary.reference.com/browse/method

4. Dictionary.com, ‘what is methodology’? http://dictionary.reference.com/browse/methodology

5. Dictionary.com, ‘meaning of source’; http://dictionary.reference.com/browse/source

6. Dictionary.com, ‘meaning of resource’; http://dictionary.reference.com/browse/resource

7. Online library, University of Maryland, ‘kinds of sources’ http://www.lib.umd.edu/tl/guides/primary-sources

8. Online library, University of Maryland, ‘kinds of sources’; http://www.lib.umd.edu/tl/guides/primary-sources

9. Online library, University of Maryland, ‘kinds of sources’; http://www.lib.umd.edu/tl/guides/primary-sources

10. Wikipedia, ‘definition of reference’; https://en.wikipedia.org/wiki/Reference

11. Dictionary.com, ‘definition of bibliography’; http://dictionary.reference.com/browse/bibliography

12. Terry Hutchinson and Nigel Duncan, http://www.lawteacher.ac.uk/docs/hitchinson-and-duncan.ppt, 2010

13. Daniel Moody, what is empirical research, www.itu.dk/~oladjones/.../what%20is%20empirical%20research1.pdf ; 2002:1

14. Professor Vanessa Fong, "foundations of qualitative research in education", http://isites.harvard.edu/icb/icb.do?keyword=qualitative&pageid=icb.page340273 (accessed 22 October, 2015)

15. Introduction to ‘quantitative research’, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCMQFjABahUKEwjRrajTuMbIAhUFG44KHXG5CnM&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-data%2F36869_muijs.pdf&usg=AFQjCNHZXqKrfDHw7GuU_USjMf-sMd_6sw&bvm=bv.105454873,d.c2E&cad=rja (accessed on 25 October, 2015)

16. Wikipedia, “what is quantitative research”; https://en.wikipedia.org/wiki/Quantitative_research

17. Introduction to hypothesis; https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCMQFjABahUKEwj

RrajTuMbIAhUFG44KHXG5CnM&url=http%3A%2F%2Fwww.sagepub.in%2Fupm-data%2F36869_muijs.pdf&usg=AFQjCNHZXqKrfDHw7GuU_USjMf-sMd_6sw&bvm=bv.105454873,d.c2E&cad=rja , (accessed on 25 October, 2015)

18.Wikipedia, ‘what is literature review’; https://en.wikipedia.org/wiki/Literature_review (accessed 29 October, 2015)

19.Better thesis, 'research objectives'; http://betterthesis.dk/getting-started/short-synopsis (accessed on 20 October, 2015)

20.Dictionary.com, ‘definition of footnotes’; http://dictionary.reference.com/browse/footnote (accessed on 25 October, 2015)

21.The free dictionary, 'what is endnote'; http://www.thefreedictionary.com/endnote (accessed on 18 October, 2015)

22.Merriam-Webster, 'definition of analysis'; http://beta.merriam-webster.com/dictionary/analysis

23.research information, 'descriptive research'; http://researchinformation.blogspot.my/2012/05/descriptive-vs-analytical-research.html (accessed on 18 October, 2015)

24.‘Definition of analytical research’; https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=analytical%20research (accessed on 19 October, 2015)

25.Wikipedia, 'what is applied research'; https://en.wikipedia.org/wiki/Applied_research

26.Wikipedia, 'what is basic research'; https://en.wikipedia.org/wiki/Basic_research

27.Definition of thesis; https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=thesis%20definition (accessed on 21 October, 2015)

28.Dictionary.com, ‘definition of dissertation’; http://dictionary.reference.com/browse/dissertation (accessed on 17 October, 2015)

29.Merriam-Webster, 'definition of data'; http://beta.merriam-webster.com/dictionary/data (accessed on 19 October, 2015)

30.Dictionary.com, 'what is information'; http://dictionary.reference.com/browse/information (accessed on 16 October, 2015