IRM1501 - Introduction to Research Methodology for Law and Criminal Justice

Vocabulary practice flashcards covering fundamental terms, concepts, definitions, and legal research methodology principles from the IRM1501 study guide.

Research (Creswell definition)

A process of steps used to collect and analyze information to increase our understanding of a topic or issue, consisting of posing a research question, collecting data to answer it, and presenting the answer.

Scientific Research

A systematic investigation of scientific theories and propositions following a logical, stepped, and rational process to acquire new knowledge or expand existing understanding through reproducible findings.

Non-scientific Research

Also referred to as pseudo-research, it is research collected haphazardly or carelessly based on casual observations and unverified statements, producing findings that cannot be reproduced.

Legal Research

The process of finding an answer to a legal question or searching for a legal precedent that can be referenced in pleadings or at trial to understand a legal problem and identify applicable sources of law.

Document-Based Research

Also referred to as qualitative research, it is a method involving the review, analysis, and evaluation of written sources primarily sourced from the library, such as law reports, legislation, textbooks, and journal articles.

Qualitative Research

A research approach in which researchers collect non-numerical data (such as words, objects, and pictures) to make sense of phenomena in their natural settings by analyzing perceptions, opinions, and experiences.

FIA Approach

A systematic three-step planning approach in legal research standing for Facts, Issues, and Applicable Law, where the facts reveal the legal issues, which in turn indicate where to find the governing law.

Bibliography

An alphabetical list compiled on a separate page right at the end of an assignment or report, containing all the sources consulted and used during research.

Problem Statement

A concise exposition at the start of a research project that summarizes the relevant facts, outlines the central legal issues to be addressed, notes the applicable law, and provides a road map for solving the legal problem.

Case Summary

A systematic written breakdown of a court judgment consisting of four key headings: Summary of the facts, Legal question, Ratio decidendi, and Finding/judgment.

Ratio Decidendi

The legal rule, principle, or essential reasoning given by a court for reaching its decision, which forms a binding precedent for lower courts under the doctrine of judicial precedent.

Obiter Dicta

Remarks or statements made in passing by a judge concerning the law that are not directly necessary to decide the specific case at hand and do not create binding precedents.

Judicial Precedent (Stare Decisis)

The legal doctrine requiring lower courts to follow and apply the binding legal principles (ratio decidendi) established in previous decisions of superior courts.

Majority Judgment

A court decision delivered when the majority of presiding judges agree on both the finding and the underlying legal reasons for that finding.

Minority Judgment

A dissenting opinion written by one or more judges who disagree with the majority's finding or underlying reasoning, setting out alternative legal justifications.

IRAC Format

An acronym representing the universal legal reporting structure consisting of Issues, Rules, Application, and Conclusion.

Empirical Research

Also called quantitative research, it is a structured, data-based research method where primary or secondary numeric/verbal data is gathered from human participants, observations, surveys, or experiments.

Descriptive Research

A component of empirical research aimed at defining or describing a specific social or legal topic by answering questions such as 'how' and 'why.'

Exploratory Research

Empirical research conducted when little to no prior legal research exists on a topic, aiming to gather preliminary insights to find out 'what is really going on.'

Explanatory Research

Empirical research performed on topics where research already exists to explore the underlying reasons why things are the way they are by examining perceptions and relationships.

Evaluation Research

A specialized form of explanatory empirical research designed to examine cause-and-effect and evaluate the impact or effectiveness of specific intervention policies, programs, or legal procedures.

Authoritative Sources of Law

Sources containing binding legal rules and principles applicable to a research topic in South Africa, including legislation, case law, common law, customary law, and African indigenous law.

Persuasive Sources of Law

Non-binding legal sources that carry influential value when authoritative sources are absent, such as foreign legal systems, law textbooks, and academic journal articles.

Referencing

A critical research technique used to explicitly acknowledge and separate a writer's own ideas and arguments from those obtained by consulting external sources.

OSCOLA

The Oxford Standard for the Citation of Legal Authorities, which is the prescribed style of referencing used by the College of Law at Unisa.

Transformative Constitutionalism

A long-term project of constitutional enactment, interpretation, and enforcement committed to transforming political and social institutions and power relationships into a democratic, participatory, and egalitarian society.

Ubuntu

An African perception of personhood and communal philosophy emphasizing human interdependence, care, compassion, and respect, encapsulated by the phrase 'a person is a person through others.'

Social Justice

An abstract standard of distributive fairness concerned with treating individuals equally according to need, desert, and equality, encompassing socio-economic rights and human dignity.

Research Ethics

A set of organized moral principles and standards governing research conduct to ensure credibility, participant protection, and proper handling of scientific information.

Informed Consent

A foundational ethical principle requiring human participants (or legal guardians in the case of minors) to willingly agree to participate in research after being fully informed of its purpose and procedures.

Anonymity in Research

The ethical duty to protect participant privacy by ensuring individual responses cannot be linked back to participant identities or keeping identity details confidential from the public.

Plagiarism

Academic fraud involving the wrongful appropriation, theft, or purloining of another author's ideas, expressions, or verbatim passages and presenting them as one's own without proper acknowledgement.