Legal Research & Writing LAW-215

1. Legal Research & WritingLAW-215 Encyclopedias, Periodicals, Treatises, and Restatements Part 2

2. Restatementsof the Law

3. Restatements • Restatements are publications of the American Law Institute designed to restate in a clear and simple manner legal doctrine in specific areas, such as contracts, torts, or trusts.

4. Restatements of the Law • Restatements of the Law are written by prominent legal scholars. • Restatements must be formally adopted by the members of the American Law Institute. • Restatements are the attempt of the American Law Institute to clarify the ever-increasing amount and complexity of case law by clear, concise restatements. • More than any other secondary source, Restatements are often accepted by the courts as persuasive authority.

5. Restatements are divided into chapters, then into narrower titles, and then into numbered sections. Each section begins with a “blackletter” statement of the law. Restatements Comments • The blackletter statement covers a fairly broad issue. • Sub-issues are often discussed in the author’s Comments andIllustrations that follow each statement. These comments and illustrations are often cited by the courts.

6. Chart of Restatements

7. Chart of Restatements (continued)

8. Features of the Restatements include1 Appendix volumes Instead of citing relevant cases, appendix volumes contain summaries of cases that have cited each section of the Restatement. Indexes Restatement, First Series, has a one-volume index to all Restatements. Restatements, Second and Third Series, do not have a comprehensive index. Some have subject index for each volume. Recent Restatements have an index in the last volume or in a separate volume. 1Features vary by series and by volume. Features of Restatements

9. Features (continued) • Reporter’s Notes are at the end of each section or in the Appendix volumes of the agency, torts, and trust restatements. • Recent volumes have cross-references to the West Key Number System® and ALR annotations. • Updating Restatements • Drafts of new series are published in soft-cover format • Cumulative annual supplements • Interim case citation pamphlet • Pocket parts

10. Research methods for Restatements • 2 ways to find a relevant Restatement section: • Use the Table of Contents. • Use the Index. • Table of Contents are clear and easy to browse but are usually volume specific. • For Restatements two or three volumes long, you must search each volume to browse the entire Table of Contents. • Note: As a research technique, this is effective only in limited circumstances.

11. End of Digests, Encyclopedias, Periodicals, Treatises, and Restatements