Legal Methodology Overview

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Questions and Answers

What is the primary objective of legal research, according to the text?

  • To achieve justice, security, and stability in legal contexts. (correct)
  • To create detailed analyses of historical cases.
  • To ensure compliance with parliamentary regulations.
  • To formulate new theories on legal reciprocity.

What does the text suggest about the role of legal research in human understanding?

  • It diminishes the importance of personal views.
  • It ensures that one can express one's own thoughts and understand others. (correct)
  • It primarily focuses on enhancing the ability of humans to use analogies.
  • It solely helps achieve logic development.

What fundamental rights can be obtained through scientific research?

  • The right to fair compensation and privacy.
  • The right to express one's views and receive information. (correct)
  • The right to conduct research and attain financial benefits.
  • The right to legal representation and freedom of speech.

What does the text imply about legal research and its impact on memory?

<p>It refreshes the active memory of human beings. (A)</p> Signup and view all the answers

In the context of the text, what does it mean for a researcher to have 'scientific innocence'?

<p>The researcher must only mention references that they have actually studied. (C)</p> Signup and view all the answers

What is the main point regarding 'absolute regulations' for researchers according to the text?

<p>They are decisive and ultimate, dictating the researcher's ethics. (C)</p> Signup and view all the answers

What does the text emphasize about the connection between a researcher's study capacity and their ability to produce good research?

<p>A researcher who cannot study effectively cannot produce quality research. (C)</p> Signup and view all the answers

What should a researcher consider regarding their research topic?

<p>The researcher's ability to complete the research given their time and resources. (D)</p> Signup and view all the answers

Why is clarity of the research idea important for a researcher?

<p>It helps the researcher to eliminate irrelevant information and keep the study focused. (B)</p> Signup and view all the answers

What does the 'plan of the research' primarily represent?

<p>The structural framework and outline of the research. (C)</p> Signup and view all the answers

What is a key purpose of the research plan?

<p>To ensure that the research is recognized and registered by the Academy. (B)</p> Signup and view all the answers

What does a research plan include, according to the text?

<p>The limits, strategy, scientific method, probable results, and parts of the subject matter. (B)</p> Signup and view all the answers

What does 'scientific ethics' primarily mean for a researcher?

<p>To acknowledge all sources used and avoid plagiarism. (A)</p> Signup and view all the answers

A researcher should possess which of these character traits?

<p>Patience, modesty, and ethical behavior. (B)</p> Signup and view all the answers

What is considered a 'blame study' according to the text?

<p>A study that relies entirely on another's work without proper attribution. (A)</p> Signup and view all the answers

What is one significant aspect of patience, according to the content provided?

<p>The capacity to endure the entire research process. (C)</p> Signup and view all the answers

What does it mean for a researcher to be 'modest and ethical'?

<p>To be humble, honest in their work, and acknowledge the limitations of their viewpoints. (A)</p> Signup and view all the answers

What is a characteristic of a 'good' researcher?

<p>Being able to finalize research effectively with the required capabilities. (C)</p> Signup and view all the answers

What is meant by a researcher having a 'wide overlooking'?

<p>They should have a broad and comprehensive understanding of their field. (D)</p> Signup and view all the answers

How much should a researcher rely on previous studies and opinions?

<p>They should build upon them in a novel way and acknowledge prior work. (C)</p> Signup and view all the answers

What happens when a researcher lacks the necessary qualifications or simulations?

<p>Their research may be considered invalid or lacking in credibility. (A)</p> Signup and view all the answers

Why is it important for a researcher to be able to have a 'mass of readings'?

<p>To gain a deep understanding of the existing knowledge in their field of study. (B)</p> Signup and view all the answers

What does it mean for a researcher to be subjective?

<p>To be impartial and unbiased, not favoring any specific viewpoint. (D)</p> Signup and view all the answers

What does the 'capacity of invention' entail for a researcher?

<p>The ability to create new ideas, solutions, and approaches to thinking. (A)</p> Signup and view all the answers

What should a researcher do when criticizing an opinion?

<p>Critique opinions subjectively and with proper justification, demonstrating sound reasoning. (D)</p> Signup and view all the answers

What does the text imply by a researcher being a 'messenger'?

<p>That they must convey and integrate other people's ideas. (C)</p> Signup and view all the answers

What is meant by the phrase 'deep reading and wide overlooking' in the context of research?

<p>Extensive engagement with literature in their specialty and related fields. (B)</p> Signup and view all the answers

What is an essential element of subjectivity for a researcher, as defined by the text?

<p>Remaining neutral and presenting various viewpoints. (A)</p> Signup and view all the answers

Which of these is NOT a characteristic of subjective research?

<p>Being supportive of one's own personal opinion only. (A)</p> Signup and view all the answers

For what purpose does a researcher need to read widely?

<p>To gain an understanding of different fields and theories related to their area of study. (D)</p> Signup and view all the answers

What does the text imply about a researcher's obligation toward other researchers' ideas?

<p>A researcher should present other researcher's opinions objectively, while also providing their own analysis. (C)</p> Signup and view all the answers

What is the relationship between a researcher's 'capacity of invention' and their capacity to criticize other opinions?

<p>The ability to invent enables a researcher to analyze weaknesses and find different approaches and criticism. (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for a legal researcher when dealing with previous opinions?

<p>To introduce other opinions in a biased way that attempts to cause criticism. (B)</p> Signup and view all the answers

What does 'subjectivity' of the researcher imply, according to the provided text?

<p>The researcher should aim to uncover the actual truth of the matter. (A)</p> Signup and view all the answers

What is the main point regarding 'building a new idea' for a researcher?

<p>The researcher must be able to innovate, create new solutions, and bring new analysis. (D)</p> Signup and view all the answers

How should a researcher approach existing opinions in their work?

<p>Present opinions fairly along with their standing points while using legal reasoning, approval, not personal motives. (D)</p> Signup and view all the answers

What does the text recommend regarding a researcher's literary abilities?

<p>The researcher should be fluent in the language of their research, and have knowledge of foreign languages. (B)</p> Signup and view all the answers

What is the text's position on the concept of 'no comment' during a research process?

<p>Researchers should not use 'no comment', and instead engage in thorough discussion. (D)</p> Signup and view all the answers

What should a researcher keep in mind about existing systems according to the text?

<p>Existing systems are changeable, and nothing is eternal. (B)</p> Signup and view all the answers

What is a vital characteristic for a good researcher beyond simply transmitting ideas?

<p>Being able to deeply and critically analyze all aspects of the research. (D)</p> Signup and view all the answers

What does the text suggest about the role of history for a legal researcher?

<p>Knowing history is crucial and not a luxury. (B)</p> Signup and view all the answers

Flashcards

Plagiarism in Legal Research

When a researcher claims another researcher's work as their own, it is considered plagiarism.

Acknowledging Precedent

A researcher must acknowledge all previous work, including conflicting opinions, to ensure a comprehensive and unbiased analysis.

Researcher's Objectivity

In legal research, objectivity means the researcher must present all sides of an argument fairly, without bias or personal opinions.

Subjectivity & Legal Research

A researcher should not be confined to one perspective. They must present various opinions, even contradictory ones, and explain the reasoning behind them.

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Building a New Idea

A researcher must be able to critically analyze existing ideas and develop new interpretations or solutions. This involves in-depth research and a willingness to challenge existing frameworks.

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Analyzing Existing Research

A researcher should not simply relay existing information; they must critically evaluate and analyze it, addressing any ambiguities and potential biases.

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Changing Systems

A researcher should be aware that even established systems and concepts can be challenged and revised.

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Reading and Overlooking

A good researcher should possess a deep understanding of their subject area, coupled with a broad knowledge of related disciplines. This includes a strong grasp of history, relevant languages, and other sciences.

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Language Proficiency in Legal Research

To conduct international legal research effectively, proficiency in at least two foreign languages is essential.

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Reciprocity and Pricing Example: Renting

The idea that the value of things can change over time. This change is influenced by elements like market forces, legal regulations, and the overall economic climate.

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What is the purpose of research?

The process of conducting investigations to uncover new information and facts. The key is a systematic and organized approach to gaining knowledge. This is often done in a structured way, relying on methods, data collection, and analysis.

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What are absolute regulations in research?

A set of rules or guidelines that define what is considered morally acceptable. These rules can be based on personal values, professional ethics, or societal standards.

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Scientific Innocence

The ability to be honest and transparent in using sources and acknowledging the work of others. It involves citing all sources accurately and avoiding plagiarism or misrepresentation of information. This is crucial for maintaining trust in the research and upholding academic integrity.

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What qualities are essential for a good researcher?

A researcher who is skilled in conducting research, analyzing data, and making inferences. They are typically well-informed about their field, have critical thinking skills, and can draw logical conclusions based on evidence.

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What is logic development in research?

The process of thinking logically and systematically to reach conclusions. This involves identifying patterns, making connections between different ideas, and evaluating evidence to support arguments.

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What is the purpose of analogy in research?

The use of examples and comparisons to help explain complex ideas and make them more understandable. It is like using a familiar concept to illustrate something unfamiliar, making it easier to grasp.

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Patience in research

The researcher should have the ability to endure the process of research, including collecting data, analyzing findings, and presenting results.

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Scientific ethics in research

The researcher must acknowledge all sources of information used in their study, including previous opinions, theories, and research findings. Failing to do so can be considered plagiarism.

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Modesty in research

To be modest means that the researcher should acknowledge the limitations of their research and avoid making claims that are not supported by evidence. The researcher should also be open to criticism and willing to revise their findings based on new information.

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Objectivity in research

Being objective in research means that the researcher should strive to be unbiased in their analysis and presentation of findings. This means avoiding personal opinions or beliefs that could influence the results of the study.

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Capability for innovation in research

The researcher should be able to come up with new ideas and methods to contribute to the field of study. This may involve developing new theories, conducting original research, or finding innovative solutions to problems. The researcher should not rely solely on existing knowledge but strive to advance the understanding of the subject matter.

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Wide-ranging knowledge in research

The researcher should have a broad understanding of the field of study, including a wide range of theoretical perspectives, concepts, and research methods. This allows them to connect ideas and critically analyze different viewpoints.

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Mass of readings in research

It's crucial for a researcher to have a thorough understanding of previous research in the field. This includes reading widely from a variety of sources, critically evaluating existing literature, and identifying gaps in current knowledge.

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Plagiarism in research

A research study that relies heavily on another researcher's work without adding significant new information or analysis is considered plagiaristic and unethical.

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Scientific trust-ship in research

A researcher with scientific trust-ship has a strong commitment to ethical principles in research, ensuring that their work is conducted honestly, with integrity, and in a responsible manner.

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Qualifications for a researcher

A researcher should possess a strong understanding of the subject matter, sufficient knowledge of research methodologies, and a commitment to upholding ethical guidelines.

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What is the research criterion?

The criterion of a research project refers to the standards used to evaluate its success. These standards are based on the specific goals and objectives of the study, and they determine how the researcher will judge the quality of their findings.

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What is the importance of having a clear research idea?

A clear research idea is essential for a successful research project. It provides direction and helps eliminate irrelevant information. The researcher should be able to identify the problem they are trying to solve and have a clear vision of their research question.

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How does the researcher's capacity relate to the research topic?

The researcher must consider their own capabilities, including financial resources, time constraints, and mental capacity, when selecting a research topic. This ensures the research project is feasible and achievable within the researcher's limitations.

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What is the purpose of the research plan?

The research plan serves as the comprehensive framework for the entire study. It outlines the research's scope, methodology, and anticipated outcomes. This plan acts as a guide throughout the research process, ensuring the project stays on track and meets its objectives.

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What are the key components of a research plan?

The research plan includes not only the methodology but also the limitations of the research, the chosen strategy, and the expected results. It's crucial to clearly define these elements to understand the scope and potential outcomes of the study.

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Inventive Capacity

A researcher's ability to create new ideas, theories, or solutions based on their understanding and analysis of existing information.

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Finding Different Viewpoints

The researcher should be able to uncover various perspectives on a topic, analyze them, and identify their strengths and weaknesses.

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Deep Reading and Wide Overlooking

Researchers should be able to read extensively and comprehensively within their field, connecting their specialized knowledge to a wider range of disciplines.

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Broad Knowledge Acquisition

Researchers should study various scientific disciplines and be knowledgeable about their principles. This helps them understand the broader context of their research.

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Passion for Learning

Researchers should be passionate about gaining knowledge and pursuing an academic degree. They should be intellectually curious and driven.

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Critical Analysis and Building

The researcher should be able to analyze existing information, identify its weaknesses, and use those insights to build upon or change existing knowledge.

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Acknowledging Conflicting Opinions

Researchers should be able to identify and acknowledge conflicting opinions within their subject area. They should not merely promote one view but present a balanced argument.

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Transporter of Ideas

The researcher needs to be able to communicate ideas and knowledge from other researchers, acting as a bridge between different perspectives.

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Detailed and Comprehensive Research

The researcher should be thorough and meticulous in their research, striving to understand every detail related to their topic. They should be comprehensive.

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Study Notes

  • This document outlines the methodology of legal research.
  • It's divided into parts, covering the significance of scientific research, the researcher, elements of scientific research, and how to prepare a research plan.

Part One: Significance of Scientific Research

  • Scientific research is defined as the way of looking deeply and carefully at issues needing answers.
  • It's a methodical approach to finding answers and truths.
  • Scientific research aims to establish truth, often involving good effort and analysis.
  • This investigation into truth is significant for achieving justice and the resolution of legal issues.

Part Two: The Researcher

  • Researchers are vital figures in the legal field as their work clarifies facts and gathers additional information.
  • Absolute regulations guide research, which is crucial for maintaining its ethical integrity and soundness.
  • Researchers must be morally upright and capable of rigorous study to produce good research.
  • The success of legal research hinges on the researcher's abilities and adherence to regulations.

Part Three: Stipulations of the Researcher

  • A crucial element in legal research is the researcher, distinct from a student.
  • Good research demands specific skills and qualifications, including a certain level of scientific innocence.
  • This means that the researcher must correctly cite all sources and acknowledge others' contributions to the subject matter, without misrepresenting someone else's work as their own.

Part Four: Elements of Scientific Research

  • Legal research is structured on three main pillars: the researcher, subject matter, and the supervisor.
  • This part emphasizes identifying a suitable research topic and the importance of a critical approach in selecting the subject.
  • Choosing a well-defined, clear, and appropriate research topic is crucial for fruitful investigations.
  • Choosing a topic that benefits the field of study is important.

Part Five: How to Prepare a Research Plan

  • The research plan serves as the framework for the entire research process.
  • It outlines the research's structure and approach.
  • Understanding the elements of a research plan is essential to crafting a well-structured plan.
  • The plan should provide a roadmap that guides the research appropriately.

Part Six: Elements of Scientific Research (Part Two)

  • This section repeats information from the previous "Elements of Scientific Research" section as well as elaborates on selecting a proper research topic.
  • Choosing only appropriate and relevant topics in legal research is crucial.
  • The selection of topics should be done attentively based on appropriate criteria.

Part Seven: How to Prepare a Research Plan (Part Two)

  • Similar to part five, this addresses the plan of scientific research.
  • It's essential to develop a plan before commencing a research project.
  • A plan provides a structure and road map for the work, helping the researcher remain on track and avoid unnecessary detours.

Part Eight: Capacity of the Researcher

  • A vital characteristic of a good researcher is enthusiasm for pursuing their academic degree.
  • Extensive reading and a broad understanding of different scientific fields are crucial for success in legal research.
  • The researcher must be able to locate and analyze relevant information and materials based on their specialty.
  • Researchers are expected to have depth of knowledge in their subjects, exceeding basic competency.

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