The Restatement of the Law is an influential treatise that summarizes and explains the principles of American common law. The Restatement is compiled and maintained by the American Law Institute and has been published in various editions since the 1930s. It is a set of legal principles summarizing and restating existing common law principles, which are intended to be an authoritative guide for lawyers, judges, and others seeking a clear understanding of the law.
How Is Restatement of the Law Used?
The Restatement of the Law is an important resource that both lawyers and judges refer to when determining the correct application of a particular law. The Restatement acts as a guidebook, providing an easy-to-access set of principles for interpreting the law. In many cases, the Restatement is actually used in place of a traditional case law. For this reason, it is an invaluable tool for lawyers and judges.
Modern Examples
One recent example of the Restatement of the Law being used to settle a dispute involves a case in Seattle where an employee brought a wrongful termination suit against their former employer. The employee argued that there had been an implicit contract in place that did not match the normal terms of employment. The court decided that the employee had been wrongfully terminated, citing sections of the Restatement of the Law to explain their decision.
Conclusion
The Restatement of the Law is an important resource for understanding the principles behind American common law. It provides an easy to access guidebook for lawyers and judges when determining the appropriate interpretation or application of a given law. It is an invaluable resource for those seeking a clearer understanding of the law.