Legal Research & Legal Maxims (2nd Semester)
Legal research, ethics, academic writing and legal maxims.
This note follows the curriculum of Rajarshi Janak University and is intended as a class note. Readers are strongly encouraged to consult standard textbooks for a comprehensive understanding of the subject.
01Unit -1 : Meaning of Legal Research
Research
Research is an indispensable tool for enhancing knowledge, improving quality of life, all round progress of human society, scientific and technological progress and searching for truth and creating new ideas.
As research is a vast, multi-dimensional subject concerning innovation, solution to complex problems, addition of new knowledge and techniques ordinary definitions of research can be inadequate.
Human knowledge works at two levels, at the primary level it functions as the basis of useful human activities and at the secondary level knowledge is employed to obtain increments in the existing knowledge.
Research is vast and multi-dimensional concept that ordinary definitions can’t project its meaning completely. Research is endless quest for knowledge or unending search for truth.
Legal Research
Legal research refers to the systematic process of searching for, retrieving (पुन प्राप्ति), analyzing, and synthesizing (संलेष्ण) legal information and materials to address legal issues, answer legal questions, or support legal arguments.
It involves using various legal resources, including statutes, regulations, case law, legal commentary, and other authoritative sources, to gain a comprehensive understanding of the legal landscape relevant to a specific matter. Legal research is a fundamental skill for legal professionals, including lawyers, judges, and legal scholars, as it forms the basis for informed legal analysis, decision-making, and advocacy.
Legal research can indeed be viewed as a form of behavioral science due to its fundamental role in regulating human behavior through the interpretation and application of laws.
This discipline involves the systematic investigation of legal principles, doctrines, precedents, and societal norms to understand how they shape human conduct and interactions within the framework of the legal system.
The significance of legal research lies in its ability to identify deficiencies in existing laws and propose reforms to address them, ensuring that the legal system remains relevant and effective in responding to evolving social, economic, and cultural dynamics.
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02Unit-2 : Various Aspects of Legal Research in Nepal
Legal research is not only an academic exercise but also a practical tool for justice.
In the context of Nepal, continuous research is essential to address Nepal’s changing socio-political realities, global commitments, and constitutional values.
Students of law must develop research skills (library research, citation, empirical studies) to contribute effectively to Nepal’s legal system.
Institutions Conducting Legal Research in Nepal
Government Ministries: Ministry of Law, Justice and Parliamentary Affairs conducts drafting and reform research. (please see the attached document in Word Or visit for further details
Nepal Law Commission (NLC): Independent body for law reform, drafting new legislations, and harmonizing laws with international standards. (please see the attached document in Word Or visit for further details
National Human Rights Commission (NHRC): Research on human rights violations, reports, and recommendations. (please see the attached document in Word Or visit for further details
Universities and Colleges: Tribhuvan University, Kathmandu University, Purbanchal University, and law colleges encourage academic research. (please see the attached document in Word Or visit for further details of concerned universities)
University Grants Commission (UGC): Funds academic legal research projects. (please see the attached document in Word Or visit for further details
Office of the Attorney General (OAG): Legal research for prosecution, case strategy, and justice system improvement.
National Judicial Academy (NJA): Research and training for judges, justices, and judicial officials.
Nepal Bar Council & Nepal Bar Association: Research on legal education, professional ethics, and practice
CeLERD – focuses on socio-legal reforms.
Pro Public – engages in Public Interest Litigation (PIL) and legal reform.
FWLD (Forum for Women, Law and Development) – researches gender justice and women’s rights.
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Legal (Peer-Reviewed) Journals in Nepal
A legal (peer-reviewed) journal is a scholarly publication that contains legal articles vetted by other legal experts, or “peers,” before publication to ensure the quality, accuracy, and reliability of the scholarship. These journals publish in-depth analyses of legal issues, research findings, and theoretical developments to facilitate academic discourse and keep legal professionals informed about the latest trends and arguments in the field.
Key peer review legal journals are :
(a) Nepal Law Review – TU Faculty of Law.
(b) NaLC Law Review – Nepal Law Campus.
(c) KSL Review – Kathmandu School of Law (internationally peer-reviewed).
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03Unit-3 : Ethics in Legal Research
Ethics is a system of moral principles or philosophy that govern conduct and beheaviour of a person’s or a group.
It is a guiding philosophy concerned with what is good for individuals and society.
The term “Ethics” is derived from the Greek word ‘Ethos’ which can mean custom, habit, character or disposition (स्वभाव).
It is the foremost “Concept and principles of proper human conduct’.
It is the collective of universal values, treating each human equally, acknowledging human and natural rights, obeying the law of land, showing health and safety concerns, caring for natural environment etc.
Ethics; is that branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions.
This is the most common way of defining “ethics,” norms for conduct that distinguish between acceptable and unacceptable beheaviour. Ethics addition, provides guidelines for the responsible conduct of research.
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04Unit-4 : Need of Peer Review of Research Work/Article
Meaning of Peer Review
Evaluation of legal research by experts before publication.
Ensures quality, credibility, and academic integrity in legal scholarship
Improves critical thinking and legal writing.
Encourages objectivity and logical reasoning.
Engages students with academic discourse.
Builds confidence in academic publishing
Importance of Peer Review
Validity & Reliability of research methods and findings.
Quality Control of scholarly publications.
Academic Credibility and trustworthiness.
Professional Development through feedback.
Contribution to Legal Knowledge
Acknowledge contributions of others.
Maintain originality in their work.
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05Unit-5 : Critical Thinking/Writing in Legal Research
In legal research, critical thinking and critical writing are essential to produce reliable, logical, and persuasive arguments. Law is not just about knowing statutes and precedents—it is about questioning them, analyzing their implications, and presenting well-structured conclusions.
Critical Thinking means actively and skillfully analyzing, evaluating, and synthesizing information to reach a justified conclusion.
It involves questioning:
What does the law say?
Why is this the law?
How does it apply in the given context?
Is the law fair, effective, and just?
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06Unit-6 : Authorship and Copyright of the Original Work
Authorship and Copyright are fundamental concepts of Intellectual Property Rights (IPR).
Authorship identifies the creator of an original work, while copyright protects their legal rights over it.
In Nepal, copyright is governed by the Copyright Act, 2059 (2002)
Intellectual Property
Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected by law for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish
Kinds of Intellectual Property
Copyright: Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
Patent: A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how- or whether- the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
Trademark: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products
Industrial Design: An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
Geographical Indications: Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
6.Trade Secrets: Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection
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07Unit-7 : Data Fabrication and How to Remain Ethical
Data Fabrication means making up or inventing false data or results that never occurred in reality.
It misrepresents facts, misleads readers, and undermines the trustworthiness of research.
Example:
Creating survey responses that were never collected.
Recording fake witness statements or court judgments to support an argument.
Forms of Data Fabrication
Inventing data – producing numbers, responses, or cases without actual research.
Altering data – modifying or manipulating results to fit a desired outcome.
Omitting data – selectively ignoring information that contradicts the researcher’s argument.
False citations – referencing books, articles, or cases that do not exist.
Remaining Ethical in Research
To maintain academic integrity and ethics, students and researchers should:
Honesty in Data Collection: Collect only genuine information through observation, surveys, interviews, or case studies.
Accuracy in Reporting : Report facts exactly as they are, without manipulation.
Transparency : Clearly explain methods, sources, and limitations of research.
Proper Citation : Acknowledge original authors and avoid plagiarism.
Respect for Law and Human Rights : Do not harm individuals, communities, or institutions while conducting research.
Peer Review and Verification : Submit research for feedback and correction by teachers or experts.
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08Unit-8 : Relevancy of Research Work for the Society
Meaning
Research has social relevance when it:
Responds to real-life issues faced by people.
Provides solutions or policy recommendations.
Strengthens law, democracy, and justice systems.
Objectives of Research for Society
To understand social problems and needs.
To provide scientific and logical solutions.
To assist in policy-making and law reform.
To promote justice, equality, and human rights.
To ensure sustainable development and harmony.
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09Unit-9 : Motivation in Legal Research
Motivation in legal research refers to the inner drive or external factors that encourage researchers to:
Ask questions,
Explore new ideas,
Find solutions to legal and social problems.
It determines why and how seriously a researcher engages in research.
Sources of Motivation
Personal Interest – Curiosity to learn and solve legal issues.
Example: A student researching on cybercrime law due to interest in digital technology.
Social Problems – Motivation to address injustice or inequality in society.
Example: Research on child marriage laws in Nepal to protect children’s rights.
Academic Requirement – Compulsion to complete research for degrees or exams.
Example: Preparing a dissertation on human trafficking laws for LL.M. or BALLB.
Professional Growth – To strengthen legal practice, teaching, or policymaking.
Example: Lawyers conducting research on contract law reforms to advise clients better.
Contribution to Law Reform – Motivation to improve outdated or ineffective laws.
Example: Research on citizenship rights of women in Nepal to recommend legislative amendments.
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10Unit-10 : Nature of Relationship between Supervisor and Researcher
Research is a collaborative process involving both student (researcher) and supervisor (guide). The success of a research project largely depends on the quality of their relationship. A healthy supervisor–researcher relationship ensures academic excellence, ethical practice, and professional growth.
Supervisor: An experienced academic/professional who guides the research process.
Researcher: A student/academic conducting research under supervision.
Relationship: An academic partnership based on guidance, respect, trust, and accountability.
Roles of Supervisor
Provide academic guidance and research direction.
Help refine the research problem, methodology, and structure.
Ensure ethical standards are followed.
Offer constructive feedback and corrections.
Motivate and encourage the researcher during difficulties.
Roles of Researcher
Maintain discipline, honesty, and responsibility in research work.
Show respect for the supervisor’s time, guidance, and expertise.
Demonstrate originality and avoid plagiarism.
Be open to feedback and willing to revise work.
Complete research within the required timeframe.
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11Unit-11 : Legal Research Report, Proposal Writing, Internship and Thesis Writing
A research report is the final presentation of research findings in a systematic, clear, and logical manner. It is the bridge between research work and its communication to readers.
(a) Features of a Good Legal Research Report
Clarity and precision (यथार्थता)
Objectivity and neutrality
Logical sequence
Proper citation and referencing
Reader-friendly language
(b) Structure of a Legal Research Report
Title Page – Title, researcher’s name, institution, date.
Acknowledgment – Gratitude to those who supported.
Abstract/Executive Summary – Brief overview of objectives, methods, findings, and conclusion.
Table of Contents – List of sections with page numbers.
Introduction – Background, problem statement, objectives, significance, scope, limitations.
Literature Review – Review of previous studies, laws, and judgments.
Research Methodology – Research type (doctrinal/empirical), methods, sampling, data sources.
Analysis and Findings – Interpretation of data, statutes, or case laws.
Conclusion and Recommendations – Summarized results, legal reforms suggested.
References/Bibliography – All sources used.
Annexures – Questionnaires, charts, judgments, etc.
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12Unit-12 : Term Paper Writing Skill
Meaning of Term Paper
A term paper is an academic research paper or assignment written by students at the mid or end of semester.
A term paper is a crucial academic task that involves identifying a legal issue, conducting research, analyzing legal materials, and presenting the findings in a structured and scholarly format.
A term paper is a detailed written document that reflects a student’s understanding of a particular legal topic based on independent research, critical analysis, and legal reasoning.
It is usually submitted as part of internal assessment or final evaluation.
Purpose of a Term Paper
To enhanced broader knowledge in given topic.
To develop legal research and writing skills.
To analyze and apply legal principles to real or hypothetical issues.
To promote independent thinking and critical evaluation.
To prepare students for future legal drafting and academic writing.
Structure of Term Pape
Topic Selection: Relevant to law and current legal issues or any social problem.
Research Question: Clear and focused legal question or problem
Structure: Introduction, literature review, analysis, conclusion, and references.
Sources: Use of case law, statutes, journals, books, and online databases.
Citation: Proper referencing using legal citation methods (e.g., Bluebook, OSCOLA).
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13Unit-13 : Presentation Styles of Legal Research Report, Proposal, Internship and Thesis
Use of Footnotes, Mid-notes, End-notes in the Legal Research Work/Text
Use of Reference, Bibliography in the Legal Research Work/Text
Use of Uniform Rules of Citation : Blue Book, APA, MLA, CGOS
Meaning of Presentation Styles
Presentation style is the way a student organizes, structures, and presents their research work. Proper presentation ensures clarity, academic professionalism, and readability.
In law, presentation is important because it reflects logical reasoning, analytical ability, and adherence to academic/legal standards.
Presentation Styles of a Legal Research Report
A legal research report is a descriptive or analytical writing based on primary and secondary sources. The following components will assist the making good presentation :
How to make good presentation
Clear headings and subheadings
Use legal terminology precisely
Avoid plagiarism
Short paragraphs with citations
Structure of Presentations
a) Title Page
Title of Report
Student’s Name, Roll No.
Institution and Date
b) Acknowledgment (if required)
c) Table of Contents
d) Introduction
Background of issue
Research objectives & significance
e) Body/Chapters
Literature review
Discussion/Analysis (case laws, statutes, opinions)
Findings
F) Conclusion & Recommendations
G) References/Bibliography : Use standard style (APA, OSCOLA, MLA, etc.)
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14Unit-14 : Citation (Footnotes, Mid-notes, End-notes)
Meaning of Citation
A citation is a reference that credits the original source of an idea, information, or text you’ve used in your work, preventing plagiarism and allowing readers to find the original source.
In legal research, a citation is a formal reference to a specific legal source, such as a court case, statute, regulation, or law review article, that allows readers to locate the original material.
Legal citations adhere to a standardized format, providing essential details like the source’s title (often abbreviated), its volume and page or section number, and the year of its publication or decision. This standardized system enables researchers to find the referenced material precisely and efficiently, forming a critical part of written legal advocacy.
In legal writing and academic research, proper referencing is essential to maintain credibility, authenticity, and academic honesty.
Following key points are most important for the citations :
Acknowledge direct use of someone else’s words.
Acknowledge any paraphrase of someone else’s words.
Acknowledge direct use of someone else’s idea.
Acknowledge a source when your own analysis or conclusion builds on that source.
Acknowledge a source when your idea about a legal opinion came from a source other than the opinion itself
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15Unit-15 : Legal Profession and Ethics
Professional Ethics and Code of Conduct of Lawyers, Judges and Public Prosecutors
Bar-Bench Relations
Functions of Nepal Bar Council of Nepal
Notary Public in Nepal
Pro-Bono Services in Nepal
Legal Aid in Nepal
Meaning of Legal Professional
The legal profession is a specialized occupation where individuals (lawyers, judges, prosecutors) use their legal knowledge and skills to protect rights, interpret laws, and assist in delivering justice.
It is considered a noble profession because its main purpose is to serve society by upholding the rule of law, justice, and fairness.
In Nepal, the legal profession is governed by the Nepal Bar Council Act, 1993, and the Nepal Bar Association, which regulate entry, practice, and conduct of lawyers.
The legal profession is not just a job for earning money, but a public service aimed at justice.
Meaning of Legal Ethics
Legal ethics are the moral principles, values, and professional rules that guide the behavior of lawyers, judges, and prosecutors.
They define what is right and wrong in legal practice and ensure that legal professionals act with integrity, honesty, confidentiality, and fairness.
Legal ethics in Nepal are derived from:
Nepal Bar Council Code of Conduct
Judicial Conduct Rules
Statute of Nepal Bar Associations
International Standards (e.g., UN Basic Principles on the Role of Lawyers, Bangalore Principles for Judges).
Legal ethics are the rules of professional conduct that maintain the dignity of the legal profession and ensure justice.
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16Unit-16 : Legal Maxims and its Application
Introduction to Legal maxims
Legal maxims in Commercial Law and its application (Viz: pacta sunt Servanda, delegatus non potest, ex nudo pacto non oritur action, audi alteram partern, doctrine, of unjust enrichment, doctrine of promissory estoppel)
Legal Maxims in Criminal law and its application (viz: actus reus, Means rea, actus non facit reum, nisi mens sit rea)
Legal Maxims in Constitution Law and application (viz: habeas corpus, Manamus, Quo-warranto, certiorari, locus standi, ratio decidendi, res judicata, ab initio)
Legal Maxims in International Law and its application (viz: pacta sunt servanda, jus cognes, res communis)
Legal Maxims of common uses and applications (viz: modus operandi, prima facie, de-facto, de-jure, ex-post facto, mutatis mutandis, verbatim, nemo judex in causa sua)
Introduction of Legal Maxims
It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment.
The term maxim is derived from the Latin word “maxima” meaning “the greatest”
Legal maxims are established principles or propositions of law, expressed in short, memorable Latin phrases.
They are not laws themselves, but guiding principles used by judges, lawyers, and legal scholars in interpreting and applying laws
Example: “Audi alteram partem” – Hear the other side.
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17Unit-17 : Retrospective and Retroactive
“Retrospective” लाई ‘पूर्वावलोकन’ वा ‘भूतलक्षित’ पनि भन्न सकिन्छ, जसले विगतका घटनाहरूलाई हेरेर भविष्यका लागि निर्णय गर्ने वा सुधार गर्ने कानुन बनाउन सक्छ तर यसले विगतमा भएका कार्यहरुलाई सम्वोधन गर्न सक्दैन ।
प्रयोग : कुनै कुरा अतीतमा फर्केर समीक्षा वा मूल्याङ्कन गर्ने अर्थमा प्रयोग हुन्छ। यसले अतीतका घटनाहरूलाई हेर्छ, तर त्यसले कानूनी अधिकार वा दायित्व परिवर्तन गर्दैन।
Retrospective ले केवल अतीतको अध्ययन, समीक्षा वा मूल्याङ्कन मात्रै जनाउँछ।
2. “Retroactive” लाई भने भूतप्रभावी’ वा ‘पूर्वव्यापी’ भन्न सकिन्छ। तर, यसले विगतमा भइसकेका नयाँ कानुन बनाएर लागू गर्न सक्छ ।
प्रयोग : यस्तो कानुन जसले अतीतका घटनाहरूमा प्रभाव पार्छ वा पहिले भएका अधिकार, कर्तव्य वा अपराधको स्थिति परिवर्तन गर्ने गर्छ ।
Retroactive ले भने अतीतमा बनेको अधिकार वा कर्तव्यमा नयाँ कानूनीको माध्यमद्वारा परिवर्तन गरी विगतका कार्यहरुलाई असर पार्ने गर्छ ।
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