Using Restatements课件.pptVIP

Using Restatements FSU Research Center Spring 2008 Faye Jones Director and Professor Restatements: Origins Goals American Law Institute (ALI), / 1922: Two defects in American law -- uncertainty and complexity 1923: ALI founded by prominent American judges, lawyers and law professors Goal: To produce a clear/concise statement of existing common law from cases To distill the “black letter” rules of common law, to indicate a trend in common law, and to allow researchers to use Restatements to argue what a rule of law should be. Highly persuasive in courts ALI Annual Report, April 2004 State/federal courts cited the Restatements 161,486 times By the end of 2007, approximately 175,000 citations 60% of citations to Restatements on torts and contracts. Torts citations almost double contracts cites. Many fewer cites to other topical areas. Some states have established the Restatements as default principles of law: Arizona courts follow the principles set forth in the American Law Institutes Restatement of the Law except in cases where a different rule has been laid down by this Court or where a statute is controlling. Odekirk v. Austin, 366 P.2d 80, 81 (1961) Restatements Agency (Second) Apportionment of Liability (Third) Conflict of Law (Second) Contracts (Second) Foreign Relations (Third) Judgments (Second) Law Governing Lawyers (Third) (N.B. No 1st or 2d Series exists.) Products Liability (Third) Property (Third) Prudent Investor Rule (Third) Restitution (First) Security (First) Suretyship and Guaranty (Third) Torts (Second) Trusts (Second) Unfair Competition (Third) Wills and Donative Transfers (Third) Restatements Now publishing Restatements, 3rd series Updated by pocket parts and/or supplementary pamphlets To check for completeness, see the ALI Checklist Must be formally adopted by ALI members Publication pattern: Annual Meeting Discussion Drafts Tentative Draft(s) (T.D. #1; #2; etc.) Preliminary Final Draft Official Text (appr