Doing a research paper in criminal law or legal matters involve a process that is distinct due to the nature of the subject. One feature that is unique in the research process is the use and consultation of legal journals and references that are written for people who are practicing the law. These materials are written in the language that are exclusively comprehensible among those who are oriented with the body of constitutions, often perceived as jargon. Hence, the familiarity with terminologies and construction of the grammar being used among the text are apparent among the scholars of the law. The terminologies that are commonly used in the legal text are critical to be discerned by researchers that delve on the domain in order for them to understand the notions and the concept involved. The following are the selected terminologies and the justification of their importance on legal text and research:
Terminologies
Replication. The term “replication” has a different definition when used in legal context. According to Gifis (2008), replication is the direct answer of the complainant to the defendant's statement and plea that often yield denial with one's involvement on the incident. This term is different the usual usage of replication to a non-legal communication.
Verification. Gifis defined verification as the affidavit that attest the confirmation of the statement that is often served as attachment to the statement. This terminology often manifests as a written declaration or statement that was made under oath (Gifis, 2008). Much like the usage of the term in non-legal text, the term is purposely used to determine the real statement to the false one.
Pure Research. The term “pure research” may appear as a common phrase among non-legal researchers. However, the term refers to the non-profitable and non-commercial research structure that aims to acquire raw facts and data about a certain field of concern to understand its fundamental concept (Gifis, 2008). Lawyers involved in a trial are often engaged in pure research process in order to determine the hard facts relating to the case. The result of the research is often used as references and processed for diverse utilizations.
Applied Research. Applied research refers to the systematic structure of research form that uses applied science to verify the related theories concerning the specific topic of research, as well prior-established knowledge, techniques and methods (Elias, 2012). Often, the applied research is regarded as the opposite of pure research in terms of methodologies and research direction. While pure research deals on raw facts, applied research test and examines the gathered facts with other concepts in order to solve actual problems.
Crime Analysis. Crime analysis refers to the meticulous process of identifying details such as patterns and trends of the crime and analyze them based on available evidences that were commonly tasked among the law enforcers (Boba, 2005). The process also involves detectives to examine the probable related circumstances of the crime. Enforcers can deploy necessary resources to assist further the process and to develop solutions to the crime problems. Both quantitative and qualitative researches are being used on this process in order to yield exactness and probability of the involved circumstances.
Qualitative Research. Qualitative research is one of the most used research form that caters to a wide diversity of scholarly domains. The research form involves a concept of method that deals with the theoretical disciplines depending on the area of subjects or concerns that the research is based on. While the research can be used in academic, business and organizational contexts, it is also very useful in the legal context. When qualitative research is applied in the legal aspect, the definition of the research shifts into a singular form - that the research should produce critical information on the existing case based on interacting and examining individuals involved in the case. Ethnography, storytelling and grounded theory practice are few of the common methods being used in the research within the legal setting (Elias, 2012).
Quantitative Research. This type of research is usually related to statistical works and studies that demand measurable results. Quantitative research is regarded as the “systematic analysis of quantitative properties and exactness of relationship of two or more concepts” (Elias, 2012). The same principle goes in the legal context of the research application. Quantitative research on legal setting deals with the association of variables determined on certain case. Their association are being enforced by applying the research method within the process of case analysis.
Theory. Legal theory is the main principle for which the case proceeds (Gifis, 2008). Theory under the legal setting usually refers to the accusations, claims, and statements made by the plaintiff against the defendant. Legal theory is also the constitutional ground for which the case is being observed and examined. The law also recognized legal theory as the body of rules of conduct that mobilize and instigate the authorities of the law (Gifis, 2008).
Research Shock. Research shock, as conducted by Stanley Milgram, refers to the research form that appears to have ethical issues pertaining to the level of consent and willingness of the participant to the study. In legal setting, the terminology refers to the ethically-challenged conduct of research process for the purpose of gaining information.
Concept. This term refers to the principle or principles and doctrines that are recognized and observed by the legal setting (Elias, 2012). The vastness of the definition of the terminology in general term is similar to it legal application yet guided by the factors affecting the law.
Discussion on Questions.
References
Boba, Rachel. (2005). Crime Analysis and Crime Mapping. Sage Publications.
Elias, Stephen. (2012). Legal Research: How to Find & Understand the Law, 16th Ed. Nolo.
Gifis, Steven H. (2008). Dictionary of Legal Terms, 4th Ed. Barron's Educational Series.
