Restatement Of The Law Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Restatement Of The Law, written in plain English, along with examples of how it is used.
What is Restatement Of The Law?
(n) Restatement of the law is the endeavor undertaken by American Law institute whereby the basic laws of United States on variety of subjects are compiled, updated and re-stated mainly for reference purposes
History and Meaning of Restatement Of The Law
Restatement of the law is an ongoing project of the American Law Institute since 1923. The main objective of this project is to restate and compile the common law of the United States, as well as the principles and rules of law that are not statutory so that lawyers, judges, and other legal professionals can have easy access to them. The Restatements cover a vast range of legal subjects, from Torts and Property to Foreign Relations Law.
The Restatements are not a source of law itself, but they are persuasive authorities that help to set and clarify legal principles. The Restatements go beyond simply summarizing the existing law; they also recommend reforms in areas where the law is unclear or out of date. Moreover, the Restatements address the gaps in the law, providing guidance on issues that have not been previously decided by courts.
Examples of Restatement Of The Law
- In a civil lawsuit involving a car accident, the court referred to the Restatement of Torts to determine the standard of care that the defendant should have met.
- The attorney cited the Restatement (Second) of Contracts to support his argument that the client’s verbal agreement was binding.
- The Supreme Court cited the Restatement (Third) of Trusts to clarify the duties of a trustee.
- The prosecutor in a criminal trial referred to the Restatement (Second) of Torts to establish the defendant’s negligence.
- The Restatement (Third) of Property was relied upon by the court to determine the right of access to surface and ground water.
Legal Terms Similar to Restatement Of The Law
- Model Penal Code: A model set of laws developed by the American Law Institute that aims to harmonize and modernize criminal laws of different jurisdictions in the United States.
- Uniform Commercial Code: A comprehensive set of laws governing commercial transactions that has been adopted, with some variations, by all states in the US.
- Principles of the Law: A collection of legal principles developed by the American Law Institute that reflect the current state of the law and that aim to provide guidance and clarification to judges, lawyers, and other legal professionals.