INTRODUCTION

DEFINITION OF LEGAL RESEARCH

Legal research is the search for authority that can be applied to a given set of facts and issues. The

universe of potentially useful authority is vast, and good researchers have well-developed analysis

skills in addition to an understanding of the techniques and efficiencies of doing legal research.

Research has been developed for use in a variety of introductory and advanced research courses. It

presents a succinct introduction to the tools and techniques, both print and electronic, with which the

legal researcher must become familiar. Additionally, the strategy sections include information about

how to select potentially relevant authorities, as well as discussions about which sources to consult and

how they can best be used.

Legal research is more than just the effective use of books and online resources; it is also the analysis

and thought processes that occur as part of conducting legal research. The purpose of legal research is

to find "authority" that will aid in finding a solution to a legal problem. Primary authorities are the rules

of law that are binding upon the courts, government, and individuals. Examples are statutes,

regulations, court orders, and court decisions. They are generated by legislatures, courts, and

administrative agencies. Secondary authorities are commentaries on the law that do not have binding

effect but aid in explaining what the law is or should be. The resources available to find legal authority

are vast and complicated leading many law schools to require students to take a class in legal research.

Legal research is the process of identifying and retrieving information necessary to support legal

decision-making. In its broadest sense, legal research includes each step of a course of action that

begins with an analysis of the facts of a problem and concludes with the application and

communication of the results of the investigation. The processes of legal research vary according to the

country and the legal system involved. However, legal research generally involves tasks such as:

finding primary sources of law, or primary authority, in a given jurisdiction (cases, statutes,

regulations); searching secondary authority (for example, law reviews, legal dictionaries, legal

treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum), for

background information about a legal topic; and searching non-legal sources for investigative or

supporting information.

Therefore, legal research is performed by anyone with a need for legal information, including lawyers,

law librarians, and paralegals. Sources of legal information range from printed books, to free legal

research websites and it can be performed by a law student or a lawyer and it always involve library

research which can either be done in books or computer databases.

Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of

legal research.

Legal information is organized into two general categories:

1. Primary Law: Binding law that is codified in statutes, regulations, and case law.

2. Secondary Authority: Not legally binding, this type of information explains primary law and

legal theory; including legal digests, treatises, journals.

WHAT IS INFORMATION COMMUNICATION TECHNOLOGY (ICT)

The phrase "'information and communication technology" has been used by academic researchers since

the 1980s and the abbreviation ICT became popular after it was used in a report to the UK government

by Dennis Stevenson in 1997, and in the revised National Curriculum for England, Wales and Northern

Ireland in 2000. But in 2012, the Royal Society recommended that ICT should no longer be used in

British schools "as it has attracted too many negative connotations", and with this being in effect since

2014 the National Curriculum began to utilize the word computing, which reflects the addition of

computer programming into the curriculum. A leading group of universities consider ICT to be a soft

subject and thus advise students against studying A-level ICT, preferring A-level Computer Science

instead.

Information Communication Technology (ICT) is a diverse set of technological tools and resources

used to communicate, and to create, disseminate, store, and manage information. These technologies

include computers, the Internet, broadcasting technologies (radio and television), and telephony. It is an

umbrella term that includes any communication device or application, encompassing: radio, television,

cellular phones, computer and network hardware and software, satellite systems and so on, as well as

the various services and applications associated with them, such as videoconferencing and distance

learning.

Information and communications technology (ICT) refers to all the technology used to handle

telecommunications, broadcast media, intelligent building management systems, audiovisual

processing and transmission systems, and network-based control and monitoring functions. Converging

technologies that exemplify ICT include the merging of audiovisual, telephone and computer networks

through a common cabling system. Internet service providers (ISP) commonly provide Internet, phone

and television services to homes and businesses through a single optical cable. In the past few decades,

information and communication technologies have provided society with a vast array of new

communication capabilities. For example, people can communicate in real-time with others in different

countries using technologies such as instant messaging, voice over IP (VoIP), and video-conferencing.

Social networking websites like Facebook allow users from all over the world to remain in contact and

communicate on a regular basis.

Modern information and communication technologies have created a "global village," in which people

can communicate with others across the world as if they were living next door. For this reason, ICT is

often studied in the context of how modern communication technologies affect society.

All the definitions share a similar notion that, information has to be generated and shared. They also

assert that, such information must be digital or electronic. The definitions generally do not restrict ICT

and IT to only computers, they mention telecommunications equipment (mobile phones, printers,

scanners) as well.

However, ICT has no universal definition, as "the concepts, methods and applications involved in ICT

are constantly evolving on an almost daily basis. The broadness of ICT covers any product that will

store, retrieve, manipulate, transmit or receive information electronically in a digital form, for example,

personal computers, digital television, email, robots.

In modern society ICT is ever-present, with over three billion people having access to the Internet.

With approximately 8 out of 10 Internet users owning a smart-phone, information and data are

increasing by leaps and bounds. This rapid growth, especially in developing countries, has led ICT to

become a keystone of everyday life, in which life without some facet of technology renders most of

clerical, work and routine tasks dysfunctional. The most recent authoritative data, released in 2014,

shows "that Internet use continues to grow steadily, at 6.6% globally in 2014 (3.3% in developed

countries, 8.7% in the developing world); the number of Internet users in developing countries has

doubled in five years (2009-2014), with two thirds of all people online now living in the developing

world.

However, hurdles are still at large. "Of the 4.3 billion people not yet using the Internet, 90% live in

developing countries. In the world’s 42 Least Connected Countries (LCCs), which are home to 2.5

billion people, access to ICTs remains largely out of reach, particularly for these countries’ large rural

populations. ICT has yet to penetrate the remote areas of some countries, with many developing

countries dearth of any type of Internet. This also includes the availability of telephone lines,

particularly the availability of cellular coverage, and other forms of electronic transmission of data. The

latest "Measuring the Information Society Report" cautiously stated that the increase in the

aforementioned cellular data coverage is ostensible, as "many users have multiple subscriptions, with

global growth figures sometimes translating into little real improvement in the level of connectivity of

those at the very bottom of the pyramid; an estimated 450 million people worldwide live in places

which are still out of reach of mobile cellular service.

Favorably, the gap between the access to the Internet and mobile coverage has decreased substantially

in the last fifteen years, in which "2015 is the deadline for achievements of the UN Millennium

Development Goals (MDGs), which global leaders agreed upon in the year 2000, and the new data

show ICT progress and highlight remaining gaps deadline for achievements of the UN Millennium

Development Goals (MDGs), which global leaders agreed upon in the year 2000, and the new data

show ICT progress and highlight remaining gaps. ICT continues to take on new form, with

nanotechnology set to usher in a new wave of ICT electronics and gadgets. ICT newest editions into the

modern electronic world include smart watches, such as the Apple Watch, smart wristbands such as the

Nike+ Fuel Band, and smart TVs such as Google TV. With desktops soon becoming part of a bygone

era, and laptops becoming the preferred method of computing, ICT continues to insinuate and alter

itself in the ever-changing globe.

INFORMATION COMMUNICATION TECHNOLOGY AND LAW

The only constant thing in life is change which means that everything has to go through that state of

change, the world inclusive. The world has constantly evolved from the different kind of ages that we

used to have to the present computer age. Things are not what it used to be then when our fathers used

stones as an instrument of record keeping; today, everything is computerized from record keeping to

education, health and so on. Prominent of this change is the information communication technology

known as ICT. ICT has marked a new face for the whole world, making activities easier to carry out

due to the ease of work, speed, accuracy and so on. ICT in its global making has touched all spheres of

life including law and consequently legal research.

ICT has offered to the world and is offering lots of benefits in all human aspects which include law,

education, health, economy, religion. Computing capability is an essential skill for life and enables

learners to participate more readily in a rapidly changing world. Using the Internet and email, for

example, gives them rapid access to ideas and experiences from a wide range of people, communities

and cultures. Learning about control systems and robots increases children's awareness of many of the

operating systems we use to manage our everyday lives. ICT is incorporated into practically every

lesson a child participates in at school, with the exception of physical education. In secondary school,

children will typically have ICT classes that are lessons in their own right. We can read our local

newspaper using the online newspaper while we are abroad. Another example is we can still connect to

our family, relatives, or colleagues while we are abroad by using the electronic mail, messenger, call

conference, or video conference.

ICT has a lot of benefits, which include:

a) Making learning more interesting especially for hard-to-understand issues

b) Bridging distances – for example, using e-mails, phone, video conferencing etc.

c) Breaking literacy barriers in communication – for example, using video and radio.

d) Research and useful Information sharing – for example, using Internet

e) Access information on jobs/internships

f) Creation of new employment opportunities (via ICTs/with ICTs)

g) Enhance interaction with peers over long distances

h) Create entertainment opportunities (games, music, video)

i) Provide more realistic information on life elsewhere

j) Provide educational information (distance learning)

k) Provide health information, including on sensitive issues

With the above benefits mentioned, it can be affirmed that ICT has indeed had and is still having a

great impact in the world, the law inclusive.

In recent years, increased computing power, improved wireless and user-friendly technology and

reduced telecommunication costs have contributed to lowering barriers to information access and

exchange. The potential for using more innovative, cost-efficient and user-friendly ICT solutions in

education and for reaching all groups of society – including the poor, those in remote areas and other

disadvantaged groups has become increasingly feasible in less advanced countries and in more

advanced ones. The opportunities for education arising from developments in information

communication technologies are very promising.

In the past few decades, information and communication technologies have provided societies with a

vast array of new communication capabilities. For example, people can communicate in real-time with

others in different countries using technologies such as instant messaging and video-conferencing.

Social networking websites like Facebook and Twitter allow users from all over the world to remain in

contact and communicate on a regular basis. These technologies and platforms have created a “global

village” in which people can communicate with others across the world as if they were living next

door. For this reason, ICT could also be seen and analyzed in the context of how modern

communication technologies affect society. Another question that readily comes to mind is; what are

the main objectives of ICT within the context of legal studies and practice? It is considered that ICT

should among other objectives:

(a) Facilitate the storage, retrieval and dissemination of vital legal information for the successful

pursuit of legal research and study.

(b) Facilitate the performance of routine processes like the amendment of law, indexing and

abstracting services.

(c) Serve as a link among the various legal education institutions; as well as foster necessary

cooperation and working relationship among them. This would also facilitate intellectual

resource garnering and sharing.

(d) Assist in the formulation of legal studies syllabus that would have universal acceptability and

applicability.

(e) Support learning and teaching in specialized areas of video conferencing, teleconferencing,

group discussions, question and answer sessions and moot court trials.

(f) Assist in the publication of research findings, law books, law reports, law journals and other

valuable technical reports.

(g) Generally allow or permit instant access to current information on an extensive scale.

(h) Stimulate effective networking of various legal training institutions for the purpose of cross-

fertilizing knowledge in various legal disciplines.

(i) Enable large number of students and researchers to have ready access “to case law and other

legal materials more efficiently than having them queue up for access to a limited number of

books in the library.

(j) Facilitate effective communication between teachers and students particularly in distance

learning and continuing education programmes.

ICT in Legal Research

Speaking on the role of ICT in legal education, Dr. Tahir Mamman, Director General, Nigerian Law

School stated in a paper titled “The Globalisation of Legal Practice: The Challenges For Legal

Education in Nigeria” that developments and advances in ICT have had important impact on education

and teaching and how it may be harnessed by law teachers. He further stated that the development and

deployment of advanced computer assisted learning systems such as Law Courseware and IOLIS have

changed dramatically the way students learn, created vast opportunities and ease in information,

storage, retrieval and dissemination and facilitated collaborative activities. Dr. Mamman further briefly

outlined some of the ICT platforms and their possible uses. These include:

E-mail communication – Through it, resources and questions may be posted to students and obviate

the necessity for them to physically go for such resources and their responses returned in like manner.

The criticism is however made that, it removes the values derived from social contact among students

and staff, as well as the absence of face-to-face discussions, etc.

Diverse Electronic Discussion Forums – Forums such as Facebook, Twitter and various chat rooms

enables participants pose questions and articulate views on diverse academic issues. This is invariably

very suitable for large class academic activities and has the potential to go beyond teachers and

students.

Legal Data Bases -This is in use in many law schools across the world to access legal resources, most

common of which are LEXISNEXIS and WESTLAW. Data bases house a huge amount of data and

knowledge which are available for research, teaching and practice after qualification as a lawyer. Since

in large measure, legal research will be conducted by lawyers in practice, it is only appropriate that

students gain the requisite experience and skills during their education and training in the university

and vocational law school. Moreover, cybercrimes can better be understood and learnt through

understanding ICT, being the mechanism through which it is committed, as well as electronically

generated evidence.

Video Conferencing – This medium holds a lot of promise in teaching and research, especially for the

injection of international and comparative flavor in the curricula as it will enable guest speakers from

long distances share resources. It could create a global classroom for students from several institutions

to participate in the same course, through bilateral and multilateral arrangements. This meduim holds

even more promise for students and academics in developing countries to share resources with their

colleagues in better endowed regions without having to travel and facilitate better understanding of the

various legal models and standards which exist elsewhere.

The world has seen an unprecedented wind of change with the emergence of ICT and its constant

innovations and improvements. ICT seems to have pervaded and permeated every facet and layer of

life in today’s world. These days, there is hardly any layer of human interaction, relationship or

endeavour that ICT is not in one way or the other involved. In commercial transactions, banking,

health, transport and education, ICT now plays an integral and important role in these sectors. Given

this assertion above, it then follows that the law and the development of every nation’s legal system

must as a matter of urgency and necessity adapt to these realities brought to the fore by the ICT

revolution. The law needs to respond and adapt to the ICT revolution. It is with this background that we

commend the recent passage of Nigeria’s new Evidence Act in 2011.

The inestimable benefits of the various advancements in ICT have until the enactment of the new

Evidence Act in 2011 remained a matter of much debate and judicial uncertainty. Tendering of

electronic mails (“emails”) for example are usually as contentious and acrimonious as the litigation

itself, with the opposite party usually relying on the hearsay rule, among other forms of objections

under the old Evidence Act 1945, to prevent the admission of such electronically generated evidence.

The enactment of the Evidence Act, 2011 has attempted to correct some of the difficulties that the

admissibility of electronically generated evidence do encounter in Nigerian Courts.

It is important to point out here that the law must adapt itself to contemporary realities in any society. It

then means that nations, legislatures and legal practitioners that ignore the realities of the ICT

revolution would be doing this at the expense and peril of their nations or societies. The laws of any

nation must respond to the realities of the ICT revolution if the nation and its structures can be relevant

in today’s world; this is particularly true with the proliferation of cybercrimes and legally binding

online commercial transactions going on in today’s world.

In conclusion, it is important to add that the government, non-governmental organisations, universities

and well-meaning individuals have a very crucial role to play in funding the use and development of

ICT in legal studies and education generally. The government and NGO’s also have a very important

role to play in mobilising and consientising the populace (especially in rural areas) on the use of ICT.

Globalization driven by ICT is having a phenomenal impact on the acquisition of legal and other

relevant learning, teaching and research materials in law libraries across the country. Through ICT,

lawyers and students can have access to current court proceedings/cases and law reports anywhere, any

time and in any form in the country. There is no doubt that the integration of ICT into the practice of

law is of much benefit to the profession in Nigeria in the 21st century. ICT is a remarkable tool for

providing comprehensive, current and timely legal services to the citizenry. The relevance of ICT

adoption and utilization in the Nigerian legal system for effective and efficient legal service delivery is

a contributory factor to sustainable development and the delivery of justice in Nigeria.

CONCLUSION

ICT has become an important field for all information professionals. This is because of its relevance

and application to tasks in libraries and information centers. The major application of ICT to legal

researchers is in the areas of legal databases, forum, online searching, library automation and the

Internet. Also information and communication technologies have been dominant in information

provision, processing and handling. Through the use of Internet a legal researcher is able to access

through ICT bibliographic and full text information in several millions document descriptors used for

describing the documents needed.

Considering how fast the world are moving in the development, procurement and of information and

communication technology, ICT bring lot of advantages, and ICT bring a great impact for human and

legal research. Therefore, ICT development is the best choice in helping legal researchers to stay in the

track, and that is why ICT development is important for legal researchers' future. It is therefore

important for anybody engaging in legal research to use the services of the ICT.

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE.

Faculty of Law

PUL 102

Assignment on

How well can it be said that the use of Information Communication Technology (ICT)

has in recent time been an aid to Legal Research

Written By:

Name: ALO, Aduralere Moyinoluwa

Matric No.: LAW/2014/359

Submitted To:

Dr. Olaseni

January, 2016