Published by the American Law Institute (ALI), Restatements are a codification of the common law. Covering a variety of fields, the Restatements essentially "restate" the common law rules as they have developed over time in the majority of U.S. jurisdictions. Along with providing common law doctrines, the Restatements include commentary, hypotheticals illustrating how the rules should apply, and case summaries. The Restatements generally carry substantial weight as persuasive authority and are frequently cited.
Restatement rules, comments and illustrations are available on both Lexis Advance and WestlawNext. Case summaries are available on WestlawNext and selectively available on Lexis Advance
When to use Restatements:
- Find a well organized discussion of the law
- When primary authority is adverse, can use to suggest what the law should be
- Probably the most persuasive of all persuasive authority.