Tort Law

Research is a systematic and scientific investigation in order to establish facts and reach new conclusions — reasons in support:

The statement is true. Research is not a random or casual inquiry; it is a planned, organised and scientific process directed at discovering facts and arriving at new conclusions. The following reasons support this:

1. Systematic process Research follows a definite sequence of steps — problem identification, review of literature, formulation of hypothesis, research design, data collection, data analysis, interpretation and reporting. Each step is logically linked to the next, so the whole inquiry is orderly and systematic rather than haphazard.

2. Scientific in nature Research uses scientific methods and tools: observation, hypothesis testing, sampling, measurement, statistical analysis and verification. Its findings are based on evidence and reasoning, not on personal opinion, belief or guesswork. This is why it is called a scientific investigation.

3. Directed towards establishing facts The main purpose of research is to discover and verify facts — facts about behaviour, society, law, economy or nature. For example, socio-legal research establishes facts about the actual working of laws such as the Domestic Violence Act, as distinct from what the statute merely says.

4. Aims at reaching new conclusions Research does not stop at collecting facts; it interprets them to draw conclusions, generalisations, principles or theories. It may also revise or reject existing theories in the light of new evidence. Thus new knowledge or new conclusions are the end product.

5. Objective and verifiable A researcher works without bias and keeps the process open to verification by others. The same method applied to the same data should give the same result. This objectivity distinguishes research from mere argument or propaganda.

6. Problem-oriented and purposeful Research always begins with a defined problem or question and ends with its solution or answer. It is thus a purposeful, goal-directed activity, not aimless reading or collection of information.

7. Use of reliable data and methods Data are collected from reliable primary and secondary sources and analysed with accepted techniques. Conclusions are therefore dependable and can be used for prediction, policy-making and further study.

8. Contribution to knowledge and practice By establishing facts and reaching new conclusions, research adds to the existing body of knowledge and provides a basis for legal reform, policy formulation, business decisions and social development.

Conclusion Because research is carried out in a planned, logical and evidence-based manner, uses scientific methods, seeks to establish facts and aims at drawing new conclusions, it is rightly described as a systematic and scientific investigation.

Importance of Analytical Research Approach in Legal Research

Analytical research is a method in which the researcher seeks to explain and interpret legal rules, concepts, principles, and doctrines by breaking them into their component parts and examining their internal logic, meaning, and interrelationship. It is often described as "doctrinal" or "armchair" research because it works primarily with legal sources — statutes, constitutions, precedents, treaties, and juristic writings — rather than with field data. In legal research, its importance can be discussed as follows:

1. Systematic exposition of legal rules. Analytical research collects, arranges, and interprets scattered legal materials into a coherent statement of the law. It tells us what the law is on a given point, which is the first task of any legal enquiry. For example, an analytical study of the provisions of the Muluki Civil Code, 2074 on partition of ancestral property clarifies the rights and liabilities of each heir.

2. Clarifying legal concepts and terminology. Legal language is full of terms such as mens rea, res judicata, audi alteram partem, and ultra vires. Analytical research dissects these concepts, traces their elements, and distinguishes them from neighbouring concepts. This removes ambiguity and promotes precision in the application of law.

3. Discovering the ratio decidendi of precedents. In a common law system like Nepal's, judicial precedent is a major source of law. Analytical research separates the ratio decidendi (the binding legal principle) from obiter dicta (incidental observations) in a judgment. Without such analysis, it is impossible to know which part of a decision binds future courts.

4. Identifying gaps, conflicts, and inconsistencies. By comparing statutes, rules, and decisions, analytical research exposes contradictions, overlaps, obsolete provisions, and lacunae in the legal system. Such findings form the basis for law reform. For instance, analysis of conflicting provisions between the Electronic Transactions Act, 2063 (2008) and the Muluki Criminal Code, 2074 on cyber offences reveals the need for harmonisation.

5. Foundation for other research methods. Analytical research supplies the doctrinal framework on which empirical, comparative, and socio-legal research is built. A researcher studying the practical impact of the Labour Act must first know analytically what the Act provides. Thus it is a preparatory and supporting method for all other legal enquiries.

6. Assisting courts, legislators, and practitioners. Judges, drafters, and advocates constantly use analytical techniques — interpreting statutes, distinguishing cases, and applying principles. Analytical research provides them with authoritative interpretations and reasoned arguments, thereby improving the quality of judicial decisions and legislation.

7. Development of legal theory and jurisprudence. Analytical jurisprudence, associated with thinkers like John Austin and H. L. A. Hart, has built the very concept of law as a system of rules. Analytical research in law therefore contributes to legal philosophy by examining the structure of legal systems, the nature of legal obligation, and the relationship between law and morality.

8. Comparative and international use. Analytical tools enable comparison of Nepali law with foreign and international law. Ratification and implementation of treaties such as the ICCPR or CEDAW require analytical examination of domestic law to see whether it conforms to international standards.

9. Cost-effective and source-based. Analytical research relies on library and documentary sources, so it is comparatively inexpensive, quick, and free from the ethical and logistical problems of field surveys. It is therefore the most widely used method by law students, thesis writers, and legal officers.

10. Limitations (to be noted). Analytical research is criticised for being purely theoretical, for ignoring the social and economic context in which law operates, and for assuming that legal rules are internally consistent. Hence it is best combined with empirical and comparative methods.

Conclusion. The analytical approach is indispensable to legal research. It provides clarity, certainty, and systematic understanding of legal rules and concepts, exposes defects in the law, and supplies the doctrinal base on which all other legal research rests. For a country like Nepal, where statutory interpretation and precedent play a central role, analytical research remains the primary and most important method of legal enquiry.

Research Proposal

A research proposal is a formal, written document prepared by a researcher before conducting a study. It outlines the research problem, objectives, rationale, methodology, and expected outcomes, and is submitted to an academic institution, supervisor, or funding agency to seek approval and support for the proposed research. It serves as a blueprint or work plan that guides the entire research process and convinces the reader that the study is worthwhile, feasible, and methodologically sound.

Essential Factors (Elements) of a Good Research Proposal

1. Title A clear, specific, and concise title that reflects the subject, scope, and purpose of the study. It should not be too long or too vague.

2. Introduction / Background of the Study A brief description of the topic, its context, and the background information needed to understand the research problem. It sets the stage for the reader.

3. Statement of the Problem A clear and precise statement of the issue or gap that the research intends to address. It explains why the problem exists and why it needs to be studied.

4. Objectives of the Study Specific, measurable, and achievable statements indicating what the researcher intends to accomplish. Objectives may be general (main aim) and specific (sub-goals).

5. Research Questions / Hypotheses Questions that the study seeks to answer, or testable statements (hypotheses) to be verified through the research. These must align with the objectives.

6. Rationale / Significance of the Study An explanation of why the research is important — its academic contribution, practical relevance, and benefit to society, policy makers, or the concerned field.

7. Literature Review A review of existing studies, theories, and publications related to the topic. It identifies what has already been done and highlights the research gap the proposal intends to fill.

8. Research Methodology The most crucial element, covering:

• Research design (descriptive, exploratory, causal, etc.)
• Population and sample (sampling technique and size)
• Data collection methods and tools (questionnaire, interview, observation, etc.)
• Data analysis techniques (statistical or qualitative tools)

9. Scope and Limitations The boundaries of the study (geographical, time, and subject limits) and the constraints the researcher may face.

10. Expected Outcomes / Contribution The anticipated results and how they will contribute to knowledge or practice.

11. Time Schedule (Work Plan) A realistic timeline showing the phases of the research and the time allotted to each.

12. Budget / Cost Estimate An estimate of the financial resources required for the study, including data collection, travel, printing, and other expenses.

13. References / Bibliography A list of sources cited in the proposal, presented in a standard format (e.g., APA).

14. Feasibility The proposal must be practical in terms of time, cost, data availability, and the researcher's competence.

Conclusion

A good research proposal is clear, specific, logical, feasible, and well-structured. It must clearly define the problem, justify its importance, and present a sound methodology so that the study can be carried out systematically and produce valid, reliable results.

Research Report

Definition: A research report is a formal, structured document that presents the findings of a systematic investigation in written form. It records the objectives, methodology, data, analysis, and conclusions of a study so that the results can be communicated, verified, and used by others. In legal research, it presents an analysis of a legal problem, statute, case law, or socio-legal issue along with reasoned conclusions and recommendations.

Preparation of a Research Report

A research report is prepared through the following steps:

1. Planning and Preliminary Work Before writing, the researcher decides the purpose, scope, and audience of the report. A working outline is drawn, and the material collected during the study (notes, statutes, cases, data, questionnaires) is sorted and classified.

2. Structure of the Report A standard research report contains the following parts:

• Preliminary pages: Title page, certificate of approval, declaration, acknowledgements, table of contents, list of tables and abbreviations.
• Main body:
  • Introduction: Background of the problem, statement of the problem, objectives, research questions, significance, scope and limitations, and review of literature.
  • Research methodology: Research design, sources of data (primary and secondary), methods of data collection (interview, questionnaire, observation, doctrinal/library study), sampling technique, and tools of analysis.
  • Analysis and findings: Presentation of facts, statutes, judicial decisions and data, with interpretation, comparison, and discussion. Tables, graphs and charts are used where necessary.
  • Conclusion and recommendations: Summary of findings, answer to the research questions, and suggestions for reform or further study.
• Annexures: Bibliography/references, appendices, questionnaire, interview schedule, and glossary.

3. Writing the Draft The report is written in clear, simple and objective language. Legal writing requires precise citation of statutes and cases. The draft is written section by section following the outline, keeping the argument logical and free from personal bias.

4. Revision and Editing The first draft is revised for content, organisation, grammar, spelling and consistency of citation style. Repetition and irrelevant material are removed. Headings and sub-headings are made meaningful.

5. Finalisation and Presentation The corrected draft is typed or printed in the prescribed format with proper margins, page numbering and uniform font. It is then submitted to the concerned department or authority within the deadline. In some cases, a viva-voce or defence of the report follows.

Conclusion

Thus, a research report is the final written outcome of research, and it is prepared systematically through planning, structuring, drafting, editing and final presentation. A well-prepared report is accurate, objective, well-organised and properly documented, which makes its findings reliable and useful for academic, legal and policy purposes.

Short notes on any THREE of the following:

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a) Research design

Research design is the overall plan or blueprint that a researcher prepares before conducting a study. It specifies the methods and procedures for collecting, measuring, and analysing the required information. It answers the questions of what to study, where to study, when to study, how much to study, and by what means to study.

Main types:

1. Exploratory (formulative) design – used when the problem is not clearly defined; helps generate hypotheses.
2. Descriptive design – describes the characteristics of a situation, group, or event as it exists (e.g., survey of legal awareness).
3. Diagnostic design – determines the frequency with which something occurs or its association with something else.
4. Experimental (hypothesis-testing) design – tests cause-and-effect relationships by manipulating variables.

Elements of a research design: statement of the problem, objectives, hypothesis, sampling plan, tools of data collection, method of analysis, and time and cost budget.

Importance: It reduces bias and error, saves time and money, gives direction to the study, and makes the findings reliable and comparable. A good design is flexible, economical, and suited to the nature of the problem.

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b) Interview

An interview is a method of data collection in which the researcher (interviewer) asks questions orally to the respondent and records the answers. It is a face-to-face verbal exchange of information, widely used in legal, social, and behavioural research.

Types:

1. Structured (formal) interview – a fixed set of pre-determined questions asked in a fixed order; the respondent chooses from set answers. It is easy to tabulate and compare.
2. Unstructured (informal) interview – no fixed questions or order; the interview develops like a guided conversation. It gives depth and insight but is hard to quantify.
3. Semi-structured interview – a mix of both; a schedule is used but the interviewer may probe further.
4. Group interview / focused interview – several respondents or persons with experience of a particular situation are interviewed together.

Merits: high response rate, clarification of questions possible, observation of non-verbal behaviour, useful for illiterate respondents and for sensitive topics.

Demerits: costly and time-consuming, possibility of interviewer bias, no anonymity, and answers may be affected by the interviewer's personality or leading questions.

Essentials of a good interview: proper preparation, rapport with the respondent, neutral and clear questions, careful listening, and accurate recording.

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c) Analysis of data

Analysis of data is the process of organising, classifying, summarising, and interpreting the collected raw data so that meaningful conclusions can be drawn and hypotheses tested. It is the stage where data are converted into usable information.

Steps:

1. Editing – checking the schedules/questionnaires for completeness, accuracy, and consistency; removing errors and irrelevant entries.
2. Coding – assigning numerals or symbols to answers so that responses can be classified into a limited number of categories.
3. Classification – arranging data into groups or classes on the basis of common characteristics (e.g., age, sex, occupation, type of offence).
4. Tabulation – presenting classified data in tables (frequency tables, cross-tables) for comparison and further treatment.
5. Analysis and interpretation – applying statistical and logical techniques to draw inferences.

Techniques used:

• Descriptive/statistical: measures of central tendency (mean, median, mode), measures of dispersion (range, standard deviation), percentages, ratios, and graphs.
• Inferential: correlation, regression, chi-square test, t-test, and analysis of variance, used to test hypotheses and generalise from sample to population.
• Qualitative: content analysis, case analysis, and interpretation of legal texts and judgments.

Importance: It reduces unmanageable raw data to a manageable form, reveals patterns and relationships, tests hypotheses, and provides the basis for valid conclusions and recommendations. Analysis must be accurate, objective, and consistent with the objectives of the study.

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d) Citation

A citation is a reference that identifies the source of information, ideas, or words used in a piece of research or legal writing. It tells the reader who wrote the material, what it is called, where and when it was published, and where it can be found. In legal writing, citation also includes references to statutes, regulations, and decided cases.

Purposes:

1. To give credit to the original author and avoid plagiarism.
2. To allow the reader to verify the accuracy of the statement and consult the source.
3. To show the depth and reliability of the research.
4. To maintain academic honesty and the credibility of the researcher.

Forms of citation:

1. In-text (parenthetical) citation – the source is mentioned within the text, e.g., (Kelsen, 1945: 110).
2. Footnote or endnote citation – the reference is given at the bottom of the page or at the end of the work, marked by a number in the text.
3. Bibliography / reference list – a complete list of all sources cited, placed at the end of the work.

Common styles: APA, MLA, Chicago, and OSCOLA (used in legal writing). In legal research, cases are cited as Party v. Party, year, volume, reporter, and page (e.g., Marbury v. Madison, 5 U.S. 137 (1803)), and statutes by name, year, and section.

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e) Rules of citation and footnotes

Footnotes are numbered references placed at the bottom of the page, used to cite sources or to add explanatory remarks without disturbing the main text. Citation and footnoting must follow certain accepted rules so that the work is uniform and verifiable.

Rules of citation:

1. Every borrowed idea, quotation, fact, or figure must be cited.
2. The citation must be complete and accurate – author's name, title, edition, publisher, place, year, and page number.
3. The same style (APA, MLA, Chicago, OSCOLA, etc.) must be followed throughout the work.
4. Direct quotations must be placed in quotation marks with the exact page cited.
5. Statutes are cited by their full name, year, and section; cases by party names, citation number, court, and year.
6. Ibid. is used for the immediately preceding source; op. cit. for a source already cited earlier; supra for a source cited above; loc. cit. for the same page as before.
7. Idem or id. is used when the same author and work are cited again.

Rules of footnotes:

1. Footnotes are numbered consecutively, either page-wise or chapter-wise, and the number is placed slightly above the line in the text.
2. The footnote number in the text and at the bottom must match.
3. The first citation of a source is given in full; later citations may be shortened using ibid., op. cit., or supra.
4. A footnote should be brief; long discussion should be avoided.
5. Explanatory footnotes should be clearly distinguished from citation footnotes.
6. Punctuation, italics for titles, and abbreviations must be used consistently.

Importance: Proper citation and footnoting protect against plagiarism, allow verification, and add authority and reliability to legal research.