Restatement of Law

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Restatement of Law

A series of volumes regarded as an authoritative work of legal scholarship prepared by the authors, scholars, and members of the judiciary who comprise the American Law Institute (ALI), which presents a survey of a general area of the law and the changes that have occurred therein.Restatements are published in the areas of contracts, torts, agency, trusts, conflict of laws, judgments, property, security, and restitution. The drafters of restatements take Common Law rules that have been developed by judicial decisions and organize them in a manner similar to black letter law. Restatements are also based on the judicial application of statutes that have been in force for many years. For example, a restatement titled Foreign Relations Law of the United States summarizes U.S. law and practice in international relations.

The first series of restatements were produced from 1923 to 1944. In 1951, the ALI began working on a second series, which included updates to the topics included in the first restatement, adding new rules and expanding upon commentary. Some restatements in the second series also advocated changes in the law from the majority rule in place at the time the restatement was drafted. Moreover, new topics were added to the second series, such as the topic of Foreign Relations Law of the United States. In 1986, the ALI began work on the third series of the restatements. Although some of the topics from the first and second series, such as Agency, have been updated in the third series, many of the topics consist of subtopics of broader subjects. For example, two of the restatements in the third series are Torts: Apportionment of Liability and Trusts: Prudent Investor Rule.

Restatements are sources of secondary authority to be cited in the support or defense of a particular claim made in a lawsuit. Although not legally binding upon the courts, restatements are effective in persuading a court to accept an argument advanced in an action. They are divided into sections, each beginning with a general statement of a legal principle accompanied by explanatory text. The discussion is illustrated with particular cases and variations used as examples of the operation of the principle. When new developments occur in a particular area, a subsequent edition of the restatement is prepared and published. The restatements have individual indexes, and a single general index for all the volumes also exists. A glossary contains definitions of significant words appearing in the text.

Further readings

Mersky, Roy M., and Donald J. Dunn. 2002. Fundamentals of Legal Research. 8th ed. New York: Foundation.

Cross-references

Shepard's® Citations.

References in periodicals archive ?
The ALI drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
Cases are incorporated, as are citations to Restatements of the law, especially the Third and Second Restatements of Torts.
Second, I search for areas of law that apply the scientific method, including the Restatements of the Law, the Supreme Court's substantive Due Process jurisprudence, its adoption of minority opinions, and its pontifications concerning the marketplace of ideas.
On the library shelf, it joins numerous other ALI restatements of the law that have been drafted over the years under the ALI's stated mission: "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.
The Institute (made up of 4,000 lawyers, judges, and law professors of the highest qualifications) drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
In addition to their responsibilities as attorneys in constitutional litigation and amicus brief writing, the department's attorneys act as liaison between the ATLA membership and ATLA's ALI Relations and Study Committee, The committee conducts continuing reviews of all ALI projects relevant to the rights of consumers and injury victims and works actively with the ALI management and the reporters for each project, to encourage the development of the fairest possible restatements of the law.
The Institute (made up of over 4,300 lawyers, judges and law professors of the highest qualifications) drafts, discusses, revises and publishes Restatements of the Law, model statutes and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
Mollica was elected to membership in the American Law Institute (ALI), a limited-enrollment organization devoted to publishing scholarly work to develop the law (including Restatements of the Law, model statutes, and principles of law).
The ALI drafts, discusses, revises and publishes Restatements of the Law, Principles of the Law, the Model Penal Code and the UCC (with the Uniform Law Commission), all of which are influential in courts and legislatures, as well as in legal scholarship and education.
The Institute, through a careful and deliberative process, drafts and then publishes various restatements of the law, model codes, and other proposals for legal reform "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.
The American Law Institute, founded in 1923 and based in Philadelphia, drafts and publishes restatements of the law, model codes, and other proposals for legal reform "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.