Other Sources | Restatements
Critical knowledge & skills for the Law Library

| Restatements of Law, by American Law Institute (A.L.I.) is a legal treatise. It is one of the most respected forms of secondary authority. In fact, many law school students are instructed that if you can't quote the law, quote Restatements. Restatements is actually a series of individual sets of books on different topics. Following are a few of the dozen or so topics Restatements covers: RESTATEMENT OF TORTS RESTATEMENT OF CONTRACTS RESTATEMENT OF REAL PROPERTY RESTATEMENT OF JUDGMENTS RESTATEMENT OF CONFLICT OF LAWS
| THE INDEX When researching within any set of Restatements, it is necessary that the researcher identify the three fundamental elements of each set. Every set of Restatements will have: -AN INDEX -MAIN VOLUMES -APPENDICES INDEX One frustrating aspect of Restatements is that each set is published by a different editor, and the publisher has given considerable latitude to the editor in the organizational make-up of that set. Thus, some sets have a single index at the end of the main volumes. Some sets contain an index in the back of each main volume. But in any case, the researcher must use any index provided in order to be led to a point within the main volumes. The information is generally just a section number, such as "58." The researcher would then look on the spine of the main volumes for the book containing section 58. MAIN VOLUMES The main volumes provide commentary, illustrations, and very detailed explanations of the law being "restated." APPENDIX Secondary authority usually attempts to lead the researcher to primary authority. In encyclopedias, this is achieved by footnotes. In A.L.R., this is achieved by the annotations. In Restatements, the researcher is led to additional authority by the hard bound Appendices. If the researcher was in Restatement of Torts, 2d Section 58, and wanted to find cases or statutes that were relevant to that section, the researcher should find the hard bound Appendix that covers Restatements of Torts, Section 58. There the researcher will find multiple references to primary authority that support the commentary on that section. Think of a Restatement Appendix as a giant, hard bound footnote! (You will see a set of Restatements on the shelf, including the index volume, Main Volumes, and Appendices when you click on "more" above.)
| THE MAIN VOLUME The main volumes attempt to guide the litigation team through the process of successfully litigating a cause of action. The volumes provide commentary, research sources, illustrations, sample complaints and answers, and examples of discovery documents for almost every cause covered. Along with Am.Jur. Proof of Facts, this litigation aid will separate you from the average researcher.
| MORE . . . -Causes of Action are updated by pocket part. -Form books are not generally cited in briefs or memos. However, Causes of Action is considered secondary authority.