Case study method in legal research

These contain collections of selected case studies.

Case study method in legal research

3 Ways to Do a Case Study - wikiHow

The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: Unlike most civil-law systems, common-law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases, and all lower courts should make decisions consistent with previous decisions of higher courts.

Generally speaking, higher courts do not have direct oversight over day-to-day proceedings in lower courtsin that they cannot reach out on their own initiative sua sponte at any time to reverse or overrule decisions of the lower courts.

Normally, the burden rests with litigants to appeal rulings including those in clear violation of established case law to the higher courts. If a judge acts against precedent and the case is not appealedthe decision will stand.

A lower court may not rule against a binding precedent, even if the lower court feels that the precedent is unjust; the lower court may only express the hope that a higher court or the legislature will reform the rule in question.

If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, the court may either hold that the precedent is inconsistent with subsequent authority, or that the precedent should be "distinguished: If that decision goes to appeal, Case study method in legal research appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority.

This may happen several times as the case works its way through successive appeals. Lord Denningfirst of the High Court of Justicelater of the Court of Appealprovided a famous example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v.

High Trees House Ltd [] K. Judges may refer to various types of persuasive authority to reach a decision in a case. Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code.

In federal or multijurisdictional law systems, conflicts may exist between the various lower appellate courts. Sometimes these differences may not be resolved and distinguishing how the law is applied in one districtprovince, division or appellate department may be necessary.

Usually, only an appeal accepted by the court of last resort will resolve such differences, and for many reasons, such appeals are often not granted.

Case studies are a popular research method in business area. Case studies aim to analyze specific issues within the boundaries of a specific environment, situation or organization. According to its design, case studies in business research can be divided into . Nov 16,  · To do a case study, start by defining the subject and goal of your study and then getting ethical approval from the institution or department you're working under. Once you've received approval, design your research strategy and recruit any participants you'll be using%(27). In the social sciences and life sciences, a case study is a research method involving an up-close, in-depth, and detailed examination of a subject of study (the case), as well as its related contextual conditions.. Case studies can be produced by following a formal research method. These case studies are likely to appear in formal research venues, as journals and professional conferences.

Any court may seek to distinguish its present case from that of a binding precedent, to reach a different conclusion. The validity of such a distinction may or may not be accepted on appeal. An appellate court may also propound an entirely new and different analysis from that of junior courts, and may or may not be bound by its own previous decisions, or in any case may distinguish the decisions based on significant differences in the facts applicable to each case.

Or, a court may view the matter before it as one of " first impression ", not governed by any controlling precedent. For example, if a member court splits in four different opinions on several different issues, whatever reasoning commands seven votes on each specific issue, and the seven-judge majorities may differ issue-to-issue.

All may be cited as persuasive though of course opinions that concur in the majority result are more persuasive than dissents. Quite apart from the rules of precedent, the weight actually given to any reported opinion may depend on the reputation of both the court and the judges with respect to the specific issue.

For example, in the United States, the Second Circuit New York and surrounding states is especially respected in commercial and securities law, the Seventh Circuit in Chicagoespecially Judge Posner, is highly regarded on antitrust, and the District of Columbia Circuit is highly regarded on administrative law, Categories and classifications of precedent, and effect of classification[ edit ] Verticality[ edit ] Generally, a common law court system has trial courtsintermediate appellate courts and a supreme court.

The inferior courts conduct almost all trial proceedings. The inferior courts are bound to obey precedent established by the appellate court for their jurisdiction, and all supreme court precedent.

Otherwise, the doctrine of stare decisis makes no sense.

Case study method in legal research

The decisions of this court are binding upon and must be followed by all the state courts of California. Decisions of every division of the District Courts of Appeal are binding upon all the justice and municipal courts and upon all the superior courts of this stateand this is so whether or not the superior court is acting as a trial or appellate court.

Courts exercising inferior jurisdiction must accept the law declared by courts of superior jurisdiction. It is not their function to attempt to overrule decisions of a higher court.

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The application of the doctrine of stare decisis from a superior court to an inferior court is sometimes called vertical stare decisis. Horizontality[ edit ] The idea that a judge is bound by or at least should respect decisions of earlier judges of similar or coordinate level is called horizontal stare decisis.

In the United States federal court systemthe intermediate appellate courts are divided into thirteen "circuits," each covering some range of territory ranging in size from the District of Columbia alone up to seven states. Each panel of judges on the court of appeals for a circuit is bound to obey the prior appellate decisions of the same circuit.

When a court binds itself, this application of the doctrine of precedent is sometimes called horizontal stare decisis. The state of New York has a similar appellate structure as it is divided into four appellate departments supervised by the final New York Court of Appeals.

Decisions of one appellate department are not binding upon another, and in some cases the departments differ considerably on interpretations of law. Federalism and parallel state and federal courts[ edit ] In federal systems the division between federal and state law may result in complex interactions.

In the United States, state courts are not considered inferior to federal courts but rather constitute a parallel court system.Case study method enables a researcher to closely examine the data within a specific context. In most cases, a case study method selects a small geographical area or a very limited number of individuals as the subjects of study.

Case Study Method - Case Studies | Case Study in Business, Management- ICMR Herbert Spencer adopted it and Healey was the first who supported this method and studied Juvenile Delinquency. Later on sociologists, Anthropologists, Ethnologists and other researcher were interested in the study of various cultures by case study method.
Limitations of Case Studies There are substantial methodological differences between these approaches.
Strengths of Case Studies Summary - Assess performance identification of symptoms - Define problems and opportunities While preparing for the case discussion, the student can also make notes with respect to the key aspects of the situation and the case analysis. These could include points such as the following:
4 Ways to Write a Case Study - wikiHow Saul McLeodpublished Case studies are in-depth investigations of a single person, group, event or community.

What is a Case Study? Definition and Method. Many students don’t know how to write a case study and find it a very difficult assignment even before getting started. Check out these other studies sharing stories of HubSpot's impact: Nectafy's blog post, "After 3 Months of HubSpot, I've Had Enough" describes the returns they've seen after 3 months of using HubSpot.

Overgo Study's article, Inbound Marketing With HubSpot grupobittia.comt HubSpot, breaks down the results their clients who implemented HubSpot's software platform realized vs. those who tried inbound. Representing a broad range of management subjects, the ICMR Case Collection provides teachers, corporate trainers, and management professionals with a variety of teaching and reference material.

The collection consists of case studies and research reports on a wide range of companies and industries - both Indian and international, cases won awards in varies competitions, EFMD Case Writing. Case Western Reserve University's Office of Research and Technology Management provides support to seek out grant funding, to facilitate industrial sponsorship, and to .

This lesson will discuss important components of scientific research, including the scientific method, peer review, statistical significance, and.

Qualitative Approaches to Empirical Legal Research - Oxford Handbooks