Restatement of the Law

Definition

Restatement of the Law refers to a series of publications that aim to distill and clarify the principles of common law in the United States, providing a coherent summary of existing legal standards. These works, produced by the American Law Institute, serve as important secondary sources for understanding and applying legal doctrines in various areas of law, such as contracts, torts, and property. They are widely respected and frequently cited by courts and practitioners for their authoritative treatment of legal issues.

5 Must Know Facts For Your Next Test

1. Restatements are not law themselves but provide guidance on how courts have interpreted various legal principles.
2. Each Restatement is organized by subject matter and includes sections with comments and illustrations to clarify the rules.
3. The Restatement of Torts, for example, has significantly influenced tort law by providing a comprehensive overview of legal standards related to personal injury cases.
4. Legal practitioners often consult Restatements to understand trends in judicial interpretation and to predict how courts may rule on similar cases.
5. The first Restatement was published in 1932, and since then, several updates have been made to adapt to changes in the law.

Review Questions

• How does the Restatement of the Law influence court decisions in the context of common law?
  • The Restatement of the Law serves as a persuasive authority for courts as it summarizes established legal principles derived from common law. When judges encounter cases involving complex legal doctrines, they may refer to the relevant Restatement sections for guidance on how those principles have been interpreted in past decisions. This makes the Restatement a crucial tool for ensuring consistency and clarity in legal reasoning across different jurisdictions.
• Discuss how the structure of the Restatement contributes to its effectiveness as a secondary source in legal research.
  • The structure of the Restatement enhances its effectiveness as a secondary source by organizing information thematically within specific subjects such as contracts or torts. Each section provides clear statements of law accompanied by comments and illustrations that help contextualize legal principles. This organized approach allows legal researchers and practitioners to quickly find relevant information and understand nuanced interpretations of law, facilitating more informed decision-making.
• Evaluate the impact of the Restatement on the evolution of specific areas of law over time.
  • The impact of the Restatement on specific areas of law has been significant, particularly in shaping modern doctrines in torts and contracts. For example, through its comprehensive analysis and restatement of case law, it has influenced changes in liability standards and contractual obligations, adapting to societal needs. This evolution highlights how the Restatement not only reflects existing legal standards but also plays a role in guiding legal reform and influencing judicial outcomes over time.

Related terms

American Law Institute (ALI): A prestigious organization formed to improve and clarify the law, known for creating the Restatements of the Law.

Common Law:

A body of unwritten laws based on legal precedents established by the courts, which the Restatement seeks to summarize.

Secondary Sources: Materials that interpret or analyze primary sources of law, including treatises, legal encyclopedias, and the Restatement itself.