Restatements of the Law are distinctive secondary sources that aim to distill and present the 'black letter' law of various legal subjects, making them invaluable resources for legal research.
Restatements of the Law are publications by the American Law Institute (ALI) that attempt to 'restate' and clarify the common law rules on different subjects in a systematic and organized manner. They present a comprehensive overview of the majority rule among American jurisdictions, accompanied by illustrations and commentary. Restatements cover a variety of legal fields, such as contracts, torts, and property. For example, the Restatement (Second) of Torts provides a comprehensive look at tort law.
Restatements are particularly useful in legal research due to their clarity, organization, and credibility. They help simplify complex legal principles and identify the majority rule, making the understanding of common law doctrines more accessible. They provide concise and authoritative references for legal practitioners and are often cited in judicial opinions as persuasive authority. Restatements also offer many citations to relevant primary and secondary sources.
Restatements can be found in law libraries and on legal research platforms such as Westlaw, LexisNexis, and Bloomberg Law. To use them effectively, locate the Restatement that corresponds to your area of interest and navigate to the relevant section using the table of contents or index. Each section states a legal rule, followed by comments that explain the rule and provide illustrative examples. Consider the comments and illustrations as they often clarify the rule's application and provide additional insight into its interpretation.
Choosing the correct edition of a Restatement is important. The American Law Institute periodically revises Restatements to ensure that they reflect the current state of the law, incorporating changes resulting from recent case law, statutes, and evolving legal theories. Using an outdated edition could lead to a reliance on obsolete legal principles, which could potentially weaken your argument or analysis. It's important to always verify that you're using the most recent edition of a Restatement to ensure your research is accurate, current, and persuasive.