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About Restatements
What:
- Codify (restate) the common law
- Published by the American Law Institute (ALI)
- Include the rule, commentary, hypotheticals illustrating how the rules should apply, and case summaries.
- Generally carry substantial weight as persuasive authority and are frequently cited.
- 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.