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Legal Research Review: Restatements

About Restatements

What:

  1. Codify (restate) the common law
  2. Published by the American Law Institute (ALI)
  3. Include the rule, commentary, hypotheticals illustrating how the rules should apply, and case summaries.
  4. Generally carry substantial weight as persuasive authority and are frequently cited.
  5. Available on WestlawNext and Westlaw

When:

  • Want a well organized discussion of the law
    • Rules
    • Explanations
    • Examples
  • Primary authority is adverse; use to suggest what the law should be
  • Most persuasive of all persuasive authority.