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Simple English definitions for legal terms
Restatement of the Law
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A quick definition of Restatement of the Law:
Restatements of the Law are books that explain the rules for different areas of law. They are written by the American Law Institute to help courts understand the law. Restatements are based on existing laws and cases from different places. They have different parts like Black Letter, Comments, Illustrations, and Reporter’s Notes. The Black Letter is the main rule, Comments explain the rule, Illustrations give examples, and Reporter’s Notes talk about the rule's authority. Restatements are not the main law, but they can be used to help judges make decisions. Sometimes, judges might even use Restatements as the main law.
A more thorough explanation:
Definition: Restatements of the Law are books that explain the rules for a specific area of law. They are written by the American Law Institute (ALI) to help courts understand and interpret the law. Restatements are based on existing case law and statutes from different places. They contain the Black Letter, Comments, Illustrations, and Reporter’s Notes. The Black Letter is the rule, Comments explain the rule, Illustrations give examples, and Reporter’s Notes discuss the rule's authority.
For example, the Restatement (Second) of Torts explains the rules for when someone can be held responsible for harm caused to another person. In the case West v. Caterpillar Tractor Co., Inc., the Florida Supreme Court decided to use the Restatement's rule of strict liability to decide the case.
Explanation: Restatements of the Law are books that help courts understand the law. They explain the rules for different areas of law and give examples of how those rules might apply in real situations. Courts can use Restatements as a guide when deciding cases, but they don't have to follow them. Restatements are a helpful tool for lawyers and judges to use when they need to understand the law better.