RESTATEMENTS OF THE LAW
Back to GlossaryDefinition
A series of legal treatises that set out basic U.S. law on a variety of subjects, written and updated by legal scholars and published by the American Law Institutes. While not having the force of statutes or court rulings, the Restatements are prestigious and can carry some weight in a legal argument.
Summary
The Restatements of the Law are comprehensive guides created by top legal experts to clarify and organize American law across different areas like contracts, torts, and property. Think of them as authoritative textbooks that judges and lawyers frequently consult when the law is unclear or disputed. While they don't create new law like statutes or court decisions do, they carry significant influence because they represent the collective wisdom of leading legal scholars and are designed to reflect the best understanding of what the law actually is.
Usage Context
Essential when studying legal research methods, understanding the hierarchy of legal authorities, analyzing case law where courts cite Restatements, and learning how secondary sources can influence legal arguments and judicial decisions.
Common Confusions
- Thinking Restatements are binding law like statutes or constitutional provisions
- Confusing Restatements with case law or court decisions
- Believing Restatements create new law rather than summarizing existing law
- Assuming all legal treatises have the same authority as Restatements
