Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Encyclopedias, Periodicals, Treatises, and Restatements Part 2

Restatements of the Law

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. 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.

Restatements of the Law Restatements of the Law are written by prominent legal scholars. Restatements of the Law are written by prominent legal scholars. Restatements must be formally adopted by the members of the American Law Institute. 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. 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. More than any other secondary source, Restatements are often accepted by the courts as persuasive authority.

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

Chart of Restatements TopicSeries Agency First, Second, and Third Conflict of Laws First and Second Contracts Foreign Relations Law of the U.S. Second and Third Judgments First and Second Law Governing Lawyers Third Property First, Second, and Third

Chart of Restatements (continued) TopicSeries RestitutionFirst Suretyship and Guaranty Third Torts First, Second, and Third Trusts Unfair Competition Third

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

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

Research methods for Restatements 2 ways to find a relevant Restatement section: 2 ways to find a relevant Restatement section: 1. Use the Table of Contents. 2. Use the Index. Table of Contents are clear and easy to browse but are usually volume specific. 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. 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. Note: As a research technique, this is effective only in limited circumstances.

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