Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process, however, they are considered persuasive authority by many courts. The most heavily cited Restatements are the Restatement of Torts and the Restatement of Contracts.

Are restatements secondary sources?

Why Use Restatements? They are the most persuasive secondary source because they can become binding law if adopted by a jurisdiction. The main volumes contain statements of the common law rules, whereas the appendices contain lists by jurisdiction of cases applying the corresponding rule.

Are restatements primary or secondary sources?

A good place to start most research projects is with a secondary source. A secondary source is not the law. It's a commentary on the law. ... The important classes of legal secondary sources include: treatises, periodical articles, legal encyclopedias, ALR Annotations, Restatements, and Looseleaf services.