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What are Restatements?
- Restatements are published by the American Law Institute (ALI);
- They attempts to synthesize and “restate” the common law (case law) into general principles;
- They are often cited by courts;
- They cover limited topics;
- Format: Print, Westlaw, Lexis and HeinOnline.
When do I use Restatements?
- When the law in your jurisdiction is unclear or non-existent;
- Your jurisdiction has adopted a Restatement section or cited it with approval (i.e., make use of comments and illustrations to interpret and apply the legal rule);
- You need case citations;
- You need persuasive authority.
Organizations of Restatements
- They are organized into chapters, titles and sections;
- Each section contains:
- Concise statement of rule;
- Explanatory comments;
- Illustrations of particular examples;
- Variations on general principles;
- Reporter’s notes provide background information;
- Appendices contain further annotation of court decisions applying/interpreting the section.
An Example - Restatement Appendix
