Legal Education and Research Methodology Notes | LL.M. Semester 2 | Mumbai University | munotes

Contents

Module I

1. What Legal Education Is 1
2. Why a Country Needs Legal Education: The Lawyer and the Judge 5
3. The Other Careers a Law Degree Builds 9
4. Legal Education and the Citizen 13
5. Legal Education in the Constitution and in the Advocates Act 17
6. The Rest of the Bar Council and Enrolment Provisions 21
7. Legal Education in Ancient and Medieval India 26
8. Legal Education in India Before Independence 30
9. The Fourteenth Law Commission Report 34
10. The 184th Report and the Argument About Standards 38
11. The National Law Universities and the Five Year Course 42
12. Legal Education and the National Education Policy 2020 46
13. Two Regulators, One Course 50
14. What the LL.M. Is For 54
15. The Rules of Legal Education 2008 57
16. Who May Teach Law 61
17. The Two Law Courses, and Who May Join Them 64
18. What Must Be Taught: Standard of Courses and the Curriculum 68
19. The Semester System, the Infrastructure and the End Semester Test 71
20. Inspection, Approval and Revocation 75
21. Accreditation, and the Machinery Behind the Rules 79
22. Continuing Legal Education 82
23. Foreign Degrees and Foreign Universities 86
24. The Rest of the Rules of Legal Education 89
25. How Law Is Taught, and Why the Method Matters 93
26. The Lecture Method 96
27. The Case Method 100
28. The Problem Method 104
29. Discussion, the Socratic Method, the Seminar and the Tutorial 107
30. The Project and the Assignment 111
31. Learning by Doing: The Clinical Method, Simulation and Role Play 114
32. The Moot Court 118
33. Out of the Classroom: Court Visits, Trial Observation and Internship 122
34. Technology, E-Learning and the Online Classroom 126
35. Teaching Legal Research and Legal Writing 129
36. Choosing a Method, and Combining Methods 133
37. What an Examination Is For 136
38. What Is Wrong With the Traditional Examination 139
39. Continuous Internal Assessment and the Semester Pattern 142
40. Question Types: Objective, Problem and Open Book 145
41. Assessment Beyond the Written Paper 149
42. Examining the Clinical Courses 153
43. Marks, Grades and Credits 156
44. Moderation, Revaluation and Transparency 159
45. The All India Bar Examination 162
46. Examination Reform in the Law Commission Reports and in NEP 2020 166
47. Malpractice and Academic Integrity in Examinations 170
48. What Examination Reform Actually Requires 173

Module II

1. What Clinical Legal Education Is 176
2. Where the Clinic Came From 180
3. What the Clinic Is For 184
4. The Kinds of Clinic 187
5. The Four Compulsory Clinical Papers 191
6. The Legal Aid Clinic in a Law College 195
7. Why Clinical Legal Education Has Not Worked in India 199
8. What Legal Aid Is, and Why a State Provides It 203
9. Article 39A and the Constitutional Duty 207
10. Legal Aid Before the 1987 Act 212
11. The Legal Services Authorities Act: The Machinery 216
12. Who Is Entitled to Legal Aid 220
13. Paying for Legal Aid, and the Rest of the Act 224
14. How a Person Actually Gets Legal Aid 228
15. The Legal Services Clinic 231
16. The Lok Adalat 235
17. The Permanent Lok Adalat 240
18. The Judgments That Made Legal Aid a Right 245
19. Legal Aid: What Still Does Not Work 251
20. What Legal Literacy Is 255
21. How Legal Literacy Is Delivered 259
22. The Law Student and Legal Literacy 263
23. What a Legal Survey Is 267
24. How a Legal Survey Is Done 271
25. Surveys That Changed the Law 275
26. What Law Reform Is, and Who Does It 279
27. The Law Commission of India 283
28. From Report to Statute 287
29. Research as the Engine of Law Reform 291
30. Law Reform by the Courts, and Its Limits 295

Module III

1. What Research Is 299
2. What Legal Research Is 302
3. The Objectives of Legal Research 305
4. What Makes Research Good 308
5. Pure and Applied Research 311
6. Descriptive and Analytical Research 314
7. Quantitative and Qualitative Research 317
8. Conceptual and Empirical Research 320
9. Doctrinal Research 323
10. Doctrinal Research: Merits and Demerits 326
11. Non Doctrinal Research 330
12. Non Doctrinal Research: Merits and Demerits 333
13. Induction and Deduction in Legal Reasoning 336
14. Comparative Legal Research 340
15. Historical Legal Research 344
16. Analytical and Critical Legal Research 348
17. Interdisciplinary Legal Research 352
18. The Primary Sources of Legal Research 356
19. The Secondary Sources of Legal Research 359
20. Juristic Writings and Legal Periodicals 362
21. Legal Databases and How to Search Them 366
22. Computers, ICT and Legal Research 370
23. The Digest, the Citator and Tracing a Case 374
24. Observation and the Interview 377
25. The Questionnaire and the Schedule 381
26. The Case Study 385
27. The Survey 388
28. Sampling: What It Is and Why It Is Used 392
29. Probability Sampling 395
30. Non Probability Sampling 399
31. Scaling and Measurement 403
32. Processing and Analysing Data 406
33. What Empirical Work in Law Cannot Do 410
34. Research and the Judicial Process 414
35. What a Research Problem Is 418
36. Where Research Problems Come From 421
37. Choosing Between Problems 425
38. Narrowing and Defining the Problem 428
39. Research Questions, Aims and Objectives 431
40. What a Hypothesis Is 435
41. Where a Hypothesis Comes From, and What Makes It Usable 439
42. The Types of Hypothesis 443
43. Formulating a Hypothesis 447
44. Testing a Hypothesis 450
45. When the Hypothesis Is Disproved 454
46. Does Doctrinal Research Need a Hypothesis 458

Module IV

1. What a Research Design Is 461
2. What Makes a Research Design Good 465
3. The Exploratory or Formulative Design 469
4. Descriptive and Diagnostic Designs 472
5. The Experimental Design 475
6. Historical and Case Study Designs 478
7. The Parts of a Research Design, and MU's Own List 481
8. The Introduction 485
9. Aims and Objectives of the Study 488
10. Scope of Study, and Its Limitations 492
11. The Review of Literature 496
12. Sources of Information 500
13. The Research Methodology Section 503
14. Chapterisation 507
15. The Sampling Design and the Data Collection Design 510
16. Time, Cost and the Practical Design 513
17. The Synopsis or Research Proposal 516
18. Citation: Footnotes, APA and Legal Citation 520
19. Bibliography and Webliography 524
20. Plagiarism and the UGC Regulations 527
21. Artificial Intelligence Tools in Research 532
22. Research Ethics Beyond Plagiarism 536
23. Writing the Report 540
24. Conclusion and Suggestions 544
25. The Viva Voce on the Dissertation 548
26. What Goes Wrong in a Research Design 552