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Simple English definitions for legal terms
Restatement
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A quick definition of Restatement:
A Restatement is a book that explains the law in a certain area and helps guide its development. It is written by the American Law Institute and uses a special format with rules, comments, illustrations, and notes. Even though Restatements are often mentioned in court cases and discussions, they are not always binding unless the highest court in that area has officially adopted them as law. Restatements have been published for many areas of law, including contracts, property, and torts.
A more thorough explanation:
Restatement is a treatise published by the American Law Institute that describes the law in a particular area and guides its development. It uses a specific format of black-letter rules, official comments, illustrations, and reporter's notes.
Restatements are frequently cited in cases and commentary, but they are not binding on a court unless they have been officially adopted as the law by that jurisdiction's highest court.
For example, the Restatement of Torts is a treatise that describes the law of torts, which are civil wrongs that cause harm to a person or property. It provides guidance to judges and lawyers on how to interpret and apply the law in tort cases.
Restatements have been published in various areas of law, including Agency, Conflict of Laws, Contracts, Foreign Relations Law of the United States, Judgments, Law Governing Lawyers, Property, Restitution, Security, Suretyship and Guaranty, Torts, Trusts, and Unfair Competition.
Overall, Restatements are essential resources for legal professionals and scholars to understand the law and its development in a particular area.