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On Legal Research 05 - Sampling Methods

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                                                Sampling is the process of selecting a subset of a population to study the characteristics of the whole population. In the context of legal research, sampling can be used to study a variety of topics, such as the prevalence of crime, the effectiveness of different sentencing policies, or the attitudes of the public towards the law etc. The sampling method is a technique used to select a subset of individuals or units from a larger population to conduct statistical analysis. It is an essential aspect of research design affecting the validity and reliability of the results. Which type of sampling method to use entirely depends on the research goals and constraints. If the goal is to produce generalizable results, then probability sampling is the best choice. If the goal is to produce results quickly and cheaply, then non-...

PRECEDENT - AS A SOURCE OF LAW

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  ‘Precedent’ is a legal principle or rule that has been established by a court decision. It is a source of law that is binding on lower courts in the same jurisdiction. When a court decides a case, it is bound to follow the precedent set by higher courts in the same jurisdiction. Nature and authority of precedent: Precedent is not a rigid doctrine. A court can depart from precedent if it finds that the precedent is wrong or outdated. However, a court will not depart from precedent lightly. In its nature,  “A precedent is purely constitutive and in no degree abrogative” which means a precedent can not abrogate any law but it can create a rule of law.  The authority of precedent derives from its trueness. It is an established rule of law, produced in the form of a judgment by a court of law, that ought to be taken as true. Basically, the doctrine of precedent is based on the principle of stare decisis, which means “to stand by the decisions”. The doctrine of stare decisis ...

CUSTOM - AS A SOURCE OF LAW

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                                        Custom, in a legal context, refers to established patterns of behavior or practices that have evolved within a particular community or society and are recognized as having legal significance. Customs can pertain to various aspects of life, including social, economic, and legal norms. Origin of Custom as a Source of Law : The recognition of custom as a source of law has deep historical roots and can be traced to ancient legal systems. Customary law, also known as customary practices, developed organically within communities and served as a way to regulate behavior and resolve disputes. Over time, these customs became formalized and recognized as sources of legal rules. The following is an overview of the origin of custom as a source of law: Primitive Societies : In early human societies, customs were the primary means of regulating social interaction...

Rules of Interpretation

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The various approaches to statutory interpretation are essential tools for judges and legal scholars to ensure that laws are applied in a manner consistent with their intended purpose and the principles of justice. The choice of the method of interpretation depends on the specific statute, its context, and the potential consequences of each approach. The following is a summary of these rules of interpretation. 1. Grammatical Interpretation : This is one of the earliest and most fundamental approaches to interpreting statutes. Historically, it is rooted in the works of legal scholars like Sir Edward Coke. Grammatical interpretation involves analyzing the text of a statute according to its plain and ordinary meaning. It emphasizes the literal interpretation of the words used in the statute, focusing on syntax and grammar. This approach is typically avoided when it leads to absurd or impractical outcomes. Courts may consider the context and purpose of the statute in such cases. 2. The...

Administration of Justice

  The concept of ‘Administration of Justice’ is a foundational element of any organized society. Its origins can be traced back to early civilizations, and its growth has been marked by the development of modern legal systems, the establishment of legal institutions, and the evolution of legal principles. The concept is necessary for resolving disputes, protecting rights, deterring misconduct, and maintaining social order and confidence in the rule of law. Definition of Administration of Justice: The administration of justice refers to the process through which laws and legal rules are applied and enforced within a society to resolve disputes, maintain order, and protect the rights and interests of individuals. It encompasses a wide range of activities and institutions, including courts, legal professionals, law enforcement agencies, and correctional facilities, all working together to uphold the rule of law and ensure that justice is served. Origin of Administration of Jus...