Legal Research is the process of identifying and retrieving information necessary to support judicial decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation.
The processes of legal Research vary according to the country and the legal system involved.
However, legal Research generally suggests such tasks as:
- Finding primary sources of law, or central authority, in a given jurisdiction (cases, statutes, regulations, etc.)
- Searching secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum), for background information about a legal topic; and
- Searching non-legal sources for investigative or supporting information.
Legal Research Examples
Here we cite two examples to demonstrate what legal Research is:
Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA.
In this paper, the diversion and alternative measures of the juvenile justice system of USA and Bangladesh have been discussed to get an idea about how the philosophy of juvenile justice is functioning in a democratic country of different culture like the USA and a developing country of monolithic culture like Bangladesh from a comparative perspective.
Billah (2008) in a study investigated how to make the journey of constitutionalism smooth with the following specific objectives;
(a) How can advisory opinions of the Supreme Court of Bangladesh contribute to the entrenchment of the rule of law and constitutionalism in Bangladesh?
(b) Is invoking or rendering of advisory opinion more a function of the President than the jurisdiction of the Supreme Court? Has the provision of advisory opinion been best explored and exploited by the President of Bangladesh so far?
The paper also focused on the rationality of advisory jurisdiction exercised by the Supreme Court of different countries, especially of USA, UK, Canada, Sri Lanka, and India and discussed how these examples could be of use in Bangladesh in nurturing its Constitution, democracy, and the rule of law.
The author argues that juvenile delinquency and violence against children are indications that social organization is not running correctly.
Available data suggest that juvenile delinquency in Bangladesh is on the rise in recent years. They are involved in theft, robbery hijacking, and extortion, and they have different types of deadly weapons.
Many of the arrested juveniles are members of organized criminal gangs.
Comparing the available statistics of Bangladesh and the USA, the author put forward some recommendations that will keep the problems at a minimum, ensuring the establishment of an egalitarian society where children’s causes will be fully guaranteed.