Restatements of Law, American Law Institute
q The Restatements are an attempt to organize (restate) common law rules in selected broad areas (agency, contracts, conflicts of law, etc.; see list, below). Restatements do not reflect statutes,which can alter common law rules and principles.
q The Restatements are secondary authority, not law, but they are drafted by respected scholars, attorneys and jurists. They are useful as research tools and study aids.
q Overall arrangement of individual Restatements: chapters, topics, numbered sections
q Individual section arrangement: statement of principle (black letter rule), comment(s), illustration(s). Illustrations are hypothetical, not actual case citations
q
Restatements Second and Third also include Reporter's notes, with
citations to cases and
secondary authority.
q
Noncumulative appendix volumes for individual Restatements, Second and Third,
include:
Annotations of cases citing Restatement sections, Cross-references to West's
key number system and American Law Reports (ALR). Reporter's notes appear in
Appendices for Restatements, Second, of Agency, Contracts, and Torts
q
Most recent appendices of individual Restatements are updated by
pocket parts. Pocket parts of
case citations are updated by Interim case citations.
q
In addition to the Restatements themselves and their Appendices, see also proposed,
tentative,
and council drafts (shelved with official drafts in the library stacks). Drafts
are similar to a legislative history, showing how the official version developed,
what changes were made over time.
Indexes, Annotations, Citations, etc.
q
Restatement of the law, Permanent General Index, covering agency,
conflict of laws, contracts,
judgments, property, restitution, security, torts, trusts (1st series
only): KF 395 A32
q Also individual indices for Restatements (1st series)
q
Only individual indices for Restatements, Second and Third
q
Restatement in the courts: KF 395 A3 1945
Permanent edition: 1932-1944
noncumulative multiyear or annual supplements from 1948 to 1976
after 1976, court citations appear in Appendices and pocket parts and in the
Interim Case
Citations (KF 395 A4 I58)
q
Interim Case Citations to the restatements of the law: KF 395 A4
I58
update pocket parts in appendices to individual Restatements
q
Shepard's restatement of the law citations : a compilation of citations
to the American Law Institute's restatement of the law: KF 395 A4 S4 1994 and
paperback supplement
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q Maine annotations to the Restatement of the law of trusts: KFM 137 M33
q Massachusetts annotations to the Restatement of the law of torts: KFM 2595 M37
q Restatement of the law of conflict of laws, as adopted and promulgated by the American Law Institute, containing Massachusetts annotations: KFM 2487 M38
q Restatement of the law of contracts, as adopted and promulgated by the American Law Institute, containing Massachusetts annotations: KFM 2550 R47
q
New Hampshire annotations to the Restatement of the law of conflict
of laws: KFN 1287 N48