Legal Case Study Method
Case Study Research - Law and Method
Legal Case Study Method
An explorative study in a dutch police court, (37) (1) this may help to understand how laws are understood, and how and why they are applied and misapplied, subverted, complied with or rejected. The researcher in our hypothetical scenario is interested in undertaking research on recent reforms to the use of family mediation in the family justice system in england and wales. It may be necessary to spend a considerable period of time reading the literature so as to narrow down the research topic or statement to a manageable, novel andor important and scholarly question.
Studies and theory-testing the knots and dots of the process-tracing method (2014) ), why or how different variables are related to each other, for example what influences legislative change or policy formation on a given topic in a given country at a particular time. Alternatively, she could ask how have the reforms to family mediation affected the way in which divorces are conducted in england and wales? This would examine the steps people took so as to get divorced but may also consider the divorcing couples perceptions about the process to assist with examining the policy to reduce acrimony, it could also address how much time and money they spent in the process and it could also elicit data on how constructive was their relationship and negotiations subsequent to the initial agreement or adjudication. Case studies are often considered to be more useful when seeking to derive descriptive rather than causal inferences, as the researcher is not able to manipulate the environment so as to test propositions in such a way as to be sure that causal relationships have satisfactorily been established.
After completing her literature review she understands that the key aims of the reforms were to reduce the number of cases going to court by increasing the number of cases that result in negotiated agreements between the divorcing spouses and in doing so to reduce the cost and the time involved in reaching outcomes in divorce cases, reduce the need for people to use lawyers in the negotiating process, to reduce acrimony between the divorcing spouses and to reduce the negative effects on children. Case study method falls within the social science discipline and as such has scientific underpinnings. The most appropriate design will be dependent on the research question selected and the hypotheses or propositions under investigation through the case study method.
For example, if the study was examining the relationship between violent crime rates and criminal justice sentencing policy to examine whether tougher criminal penalties for violent crime lead to a reduction in violent crime rates, and if tougher criminal penalties for lesser offences led to greater imprisonment levels and greater recidivism including an escalation of violent crime, then a multi-jurisdictional case study may allow for a better assessment of those by permitting different combinations of variables to be compared as against each other. We also offer review copies of our products free of charge to educators and staff at degree-granting institutions. This looseness in definition in a legal context may perhaps be linked to confusion as between teaching and research case studies some traditions in legal education employ a teaching method known also as case study method which operates quite differently from its research counterpart.
And community and religious groups have worked well together before and after the change in the law. See yin, 2014, chapter 1 for more information on the role of the literature review. For more assistance on extracting observable implications and considering their measurement see epstein and king, 2002, 70-76.
It examines in great detail one situation (referred to as a case or unit) or a very small number of situations, to use context as a means to particularise the findings. Multiple case studies are more likely to be used when the causal relationship between an independent and dependent variables are being analysed, so that the interaction of the variables in different environments can be examined comparatively in different contexts (in an experimental protocol one would be able to manipulate the conditions so as to test the variables and thus the different hypotheses). And thus scholars who consider that there are facts independent of our interpretation of them (in essence, hard facts operating in an objective reality) and scholars who consider all facts to be local interpretations constructed through our own lenses, are able to operate within a case study framework. Case study design is also sometimes used to investigate how actors consider, interpret and understand phenomena (e. At this stage it may help to consider a hypothetical research proposal for case study research and work though it as the article progresses.
The Case Study Teaching Method - Harvard Law Case Studies
The Case Study Teaching Method. It is easy to get confused between the case study method and the case method, particularly as it applies to legal education. ... Langdell conceived of a way to systematize and simplify legal education by focusing on previous case law that furthered principles or doctrines.
Legal Case Study Method
Why and How: Using the Case Study Method in the Law Classroom ...
16 Mar 2017 ... Photo by: Brooks Kraft. Post by: Jackie Kim and Lisa Brem. Why should legal
educators use case studies and other experiential teaching ...
Legal Case Study Method
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Case study - Wikipedia
Different types of data will often be analysed using different methods or traditions, as illustrated by the way in which legal cases are analysed according to traditions accepted by lawyers, which is distinct from legal analysis of legislation, and policy analysis of policy documents survey data would be analysed statistically, text based data (interviews, documents etc. The process of interrogating ones own decisions and inferences and reporting on them in full in the article or thesis may allow one to avoid the invidious charge made of many other legal scholars work. And community and religious groups have worked well together before and after the change in the law. The three variants of process tracing methods and their uses and limitations sept 1-4 2011 , seattle, wa as cited by ulriksen and dadalauri, ibid and further gerring, 2007 ibid. Our researcher having drawn her broad question as how have the reforms to family mediation affected the way in which divorces are conducted? And narrowed down the case study to a geographic location(s) or a type of divorcing couples or divorce context, will have considered the possible data sources as including the spouses, their children, the family mediators and lawyers, court files, mediation and lawyer negotiated agreements, official statistics and more.
One suggestion is that legal scholars may wish to look for the weakest link in their chain of reasoning, something which lawyers are trained to do in a legal context, and then estimate how certain they are of their findings taking that weakness into account. It will address frequent stumbling blocks encountered by researchers, as well as ways so as to militate against common problems that researchers encounter. And theories can be converted into hypotheses when considered in the light of a new research question. See gerring, 2004, 348 and further campbell, d. See epstein and king, 2002, 25-29 for more information on quantitative data description.
Research design is of paramount importance in achieving a successful case study, especially so given that the study focuses on one or a small number of situations and the researchers in-depth knowledge of and immersion within that case may lead more readily to confirmation bias than in some other forms of study. We shall turn to this in the next sub-section. Myth of objectivity in legal research and writing (1969) vol. This is perhaps unsurprising, as law programmes tend to be very strong at teaching lawyers how to source, interrogate and then draw valid inferences from legal data sources such as cases and legislation, but less adept in the context of other types of data (for example survey data, interviews, non-legal documents andor observation). This section will briefly address data analysis, the drawing of inferences and the importance of demonstrating ones working out, in turn. But case study method differs markedly from a big data survey or double-blind experiment in that it seeks explicitly a phenomenon in its natural environment and (in most instances) without means to control for variables, including the behaviour of any participants. But this design phase may also go beyond the identification and selection of data sources, it requires choices to be made about how data will be collected and measured. Each choice that is made, consciously, or unconsciously, will have an effect on the data that is captured and the reliability and validity of that data. It may be difficult to define this with precision, but where there is ambiguity it is safer to over explain and to over report the ambiguity and the possible range of inferences and their limitations rather than to over simplify and obfuscate the difficulty in reaching definitive findings. But one needs to be able to articulate the theory converted into hypotheses with clarity, in order for an observation protocol to be developed.In the social sciences and life sciences, a case study is a research method
involving an .... Galileo Galilei built his rejection of Aristotle's law of gravity on a case study selected by information-oriented sampling and not by random
Case method - WikipediaCase method. The case method is a teaching approach that uses decision-forcing cases to put students in the role of people who were faced with difficult decisions at some point in the past.
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On the importance of the identification of priors see beach, d. The science and the rules of inference are important in allowing us to judge the validity and reliability of the findings, and these are closely interwoven with the research design and execution of the study. But the pursuit of descriptive inferences is not a low-level aspiration in a context in which little is known about the case under scrutiny. The reasoning for this and also for the methods employed in this study are elegantly set out in the article cited above. The form of the initial research question can confound some researchers who initially phrase their question as a what question and as a result unnecessarily rule out case study method Buy now Legal Case Study Method
However, case study method is far more than focusing on a single situation, or case, it is far more than providing a temporal or physical boundary to our research endeavour. Single case study research is considered to be an excellent vehicle for exploratory and developmental research (as evidenced by the georgia tax policy study and dnes analysis of the nature of a particular type of contract franchise contracts in the uk see dnes, a. The case study examines phenomena in context, where context and findings cannot be separated. Case studies are only one of a number of ways to undertake socio-legal or criminological research and it is important to give proper consideration to the full range of research methods prior to making a final decision to adopt a case study method Legal Case Study Method Buy now
It may be necessary to spend a considerable period of time reading the literature so as to narrow down the research topic or statement to a manageable, novel andor important and scholarly question. The discussion is necessarily cursory given the length of this article, but the footnotes provide much more detailed sources of guidance on each of the points raised here. . Case studies afford the opportunity to observe a sequence of events or factors, to evaluate which produce an outcome and why, and to do so in their natural environment. Each choice that is made, consciously, or unconsciously, will have an effect on the data that is captured and the reliability and validity of that data.
However, brighton is well known as a lgbt friendly town and people drawn to live there would tend to be very positive about the introduction of same-sex marriage Buy Legal Case Study Method at a discount
For guidance on comparative methodology in a legal context see van hoecke, m. Although note that gerring, 2004, at 347 indicates that a single case study may credibly make causal claims, if, for example, the case has been selected as it is particularly representative of others or it is a critical or crucial case, see further eckstein, h. See yin, 2014, chapter 3 for more information on what one needs to do before data collection begins, and chapter 4 on data collection itself. Findings are considered robust where they are evidenced via multiple stands of data and its analysis. Having said that, samples can be used to help select cases in a sound manner.
It may also help to identify useful data collection methods and instruments too Buy Online Legal Case Study Method
At this stage our hypothetical researcher is faced with some choices should she consider how have the reforms to family mediation used in the divorce context affected the durability and suitability of post-divorce arrangements in england and wales? This would focus on the agreements whether agreed or adjudicated, their longevity, the extent to which they could be made to work after the divorce and how any amendments to arrangements were sought. The researcher in our hypothetical scenario is interested in undertaking research on recent reforms to the use of family mediation in the family justice system in england and wales. Usability of digital libraries case study of legal research in civil and criminal courts (1997) vol on the organisational usability of digital libraries, a case study of legal research in civil and criminal courts, could be described as a single case study (as in their study) because it addresses digital libraries in one context legal research in courts it is also geographically bounded to the los angeles county, but data is collected from a number of courts and thus it could be argued to be a multiple case study if each court were considered to be a case Buy Legal Case Study Method Online at a discount
Studies and theory-testing the knots and dots of the process-tracing method (2014) ), why or how different variables are related to each other, for example what influences legislative change or policy formation on a given topic in a given country at a particular time. On the importance of the identification of priors see beach, d. Sometimes researchers are inclined to use a multiple case study approach in the expectation that more cases (units) will provide more data and more comparable data that can be used to derive robust findings. We also offer review copies of our products free of charge to educators and staff at degree-granting institutions. A solid grasp of the literature can help to alleviate this possibility of incorrect case selection along with detailed consideration of the relevant features of a range of possible case studies prior to final selection Legal Case Study Method For Sale
For a discussion on this point see king, keohane and verba, 1994, chapter 1 the science in social science. I need? On science and the logic of case selection in field-based research (2009) vol. And this in turn will affect the outcome of the study. Sometimes the extent to which a case study is referred to as single or multiple is a matter of nomenclature, for example, elliott and klings study elliott, m. After completing her literature review she understands that the key aims of the reforms were to reduce the number of cases going to court by increasing the number of cases that result in negotiated agreements between the divorcing spouses and in doing so to reduce the cost and the time involved in reaching outcomes in divorce cases, reduce the need for people to use lawyers in the negotiating process, to reduce acrimony between the divorcing spouses and to reduce the negative effects on children For Sale Legal Case Study Method
Definitionally this is when it gets somewhat complicated, as case can easily become confused with a legal case and further a case can sometimes be confused with the same word used in a different context in quantitative research, a case meaning a single observation or a single data point. A case is not a proxy for a sample of a population in a survey, for example, it is a study of a phenomenon in itself rather than a means through which to view the whole world. And so time spent on the literature review may be very profitable. Case study method falls within the social science discipline and as such has scientific underpinnings. Studies and theory in political science in regarding politics essays on political theory, stability, and change, berkeley university of california press, 1992) Sale Legal Case Study Method
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