Data Source Types in Law Research

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Data Source Types in Law Research

A Law student or any legal professional who is all set for a a research work is based on some data that is logged for all research purpose. working on a relevant data is the key for the success of research. Legal information sources are divided into two distinct categories. The relevant data source for these two categories that a law researcher can research on are Primary and secondary sources. 

A. PRIMARY SOURCES

Primary sources are the laws created by Parliament and the Courts. All primary sources are not mandatory authority, i.e., all primary sources are not necessarily binding. For example, judicial decisions are primary sources, but they may only be persuasive authority, depending on the jurisdiction. No secondary sources are mandatory authority – they are all only persuasive authority. Primary sources are not necessarily binding – it depends on which jurisdiction your case is pending in.

1. Statute law (legislation) : Statutes are the law enacted by the parliament in form of legislation. These are nothing but the bare acts framed. Preview the articles " Whats is Statutes in Law ". Most of the arguments in court of law for any disputes or litigation matters are mostly covered under some statutes, also termed as bare acts. Bare Acts or Law Statutes can be relevant for the State or Center. 

2. Case Law (court judgements) : Case laws are nothing bu the law generated by a Court. While statutes are law framed by the parliament, case laws are framed by the Court of Law and is often termed as Court Judgements. By deciding a disputed point of law a senior court (High Courts and Supreme Court) can change or clarify the law, thereby setting a precedent which other courts are bound to follow or apply in later cases that appear in any court of law. The hierarchy of the courts in India are session courts(District Courts) , High Courts and its benches in states and Supreme court that is a apex of court in India. The Precedence that are generally followed in any court are of apex court of law or if High courts, provided it was not over ruled by higher courts in the court hierarchy.

3. Rules & Regulations

B. SECONDARY SOURCES

Secondary sources are much more diverse and include law review and journal articles, legal encyclopedias, treatises, and law digests.Secondary sources or Commentary provide descriptions or explanations of the law, and include;

Legal dictionaries : These are the books that define various legal terms that are used in Law.

Legal Digests & Encyclopaedias of the law : These are the journals and book published by various book publishing houses that are used as a secondary sources of

Law reviews and journalsWritten commentary on the law, by jurists, academics, practitioners and law reform bodies, in the form of texts, reports and journal articles. can be helpful, but it should be noted that they often contain opinions about a statute, a judicial decision, or some other development in the law. While these opinions can be quite persuasive, they should be used discriminately. These types of articles can offer excellent historical research into a particular area.These sources give context to a legal issue and bring critical thought to the law created by our parliaments and courts. 

Legal treatises : iIn case of any international disputes between two nation or individual with different nationalities. In India this is handles by external affairs ministry having a division as Legal Treaties. This mainly deals with all aspects of international law and this division the the prime source of advise to Ministry of external affairs. 

Manuals and guides related with Law Practices : There are numerous guides and manuals published that provides a details resource and law practises and can be helpful for various law research programs. Selection of the right guide or manual is important, better not deviate from the the research area as any research topic is vast and deviating from the gad can lead to absurd research conclusions.

Multimedia and Social media : Such as Webinars, Podcasts, and Law Blogs relevant to Law,