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Author Topic: is a restatement considered as black letter law/rule?  (Read 1641 times)

ChemDr

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is a restatement considered as black letter law/rule?
« on: August 22, 2005, 03:54:56 PM »
Apologies for my ignorance. Do I need to know all the restatements for contracts, torts etc?

rapunzel

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Re: is a restatement considered as black letter law/rule?
« Reply #1 on: August 22, 2005, 04:19:24 PM »
The Restatement does what it says it does, it restates the law.  The Restatement of Contracts and Torts are quoted in many cases that deal with those issues.  They can be a good place to go to get a general understanding, although any given jurisdiction might put their own spin on Restatement language. 

I find the Reststatment law to be too cumbersome to memorize.  For example- compare the Law in a Flash black letter rules for torts with the Restatments.  The flashcard rules are much more concise and were perfectly sufficient for me to get a very satisfactory grade on my torts exam.

ChemDr

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Re: is a restatement considered as black letter law/rule?
« Reply #2 on: August 22, 2005, 06:31:24 PM »
rapunzel:
Sorry I still don't understand. I was expecting a yes or no. Is it a part of the BLL or not?

wkirby

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Re: is a restatement considered as black letter law/rule?
« Reply #3 on: August 22, 2005, 06:57:05 PM »
No,

It's just what legal scholars think the law should be.  It's neither legally binding, nor universally followed.  it may however sometimes (more often than not) resemble the black letter law.

Cheers!

lincolnsgrandson

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Re: is a restatement considered as black letter law/rule?
« Reply #4 on: August 22, 2005, 07:05:43 PM »
rapunzel:
Sorry I still don't understand. I was expecting a yes or no. Is it a part of the BLL or not?

Her response was accurate.  Do you want her to wipe your ass for you as well?

There is no exact body of law called Black Letter Law.  It's a vague term for the rules you need to know and apply for your exam.  "Black Letter Law" can include stautes, common law, general principles derived from cases, sometimes policy, and sometimes whatever your professor says. 
Some students feel the Restatements are a helpful way to study these rules - I found it Restatement of Torts to much more helpful than my casebook. But I think most students don't us it. 
By the way, foreign courts often rely on Restatements when they need to apply American law, especially the Restatement of Foreign Relations. 

kristin1644

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Re: is a restatement considered as black letter law/rule?
« Reply #5 on: August 22, 2005, 07:08:55 PM »
The quick answer is no--the Restatement is not the law until it has been adopted by that jurisdiction (either through the courts or through legislation).

dkast

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Re: is a restatement considered as black letter law/rule?
« Reply #6 on: August 22, 2005, 07:26:39 PM »
They are not considered Black Letter Law per say.  However, they should be memorized when applying them to your fact situation on exams.  If you can argue the negation of an element of a restatement you should score well.

ChemDr

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Re: is a restatement considered as black letter law/rule?
« Reply #7 on: August 22, 2005, 07:34:48 PM »
Thanks everyone for your comments. it's much clearer now. I am sure rapunzel's answer was accurate but 1 week of classes doesn't clear ones mind completely to understand everything. That's why it's great to have a forum like this.

rapunzel

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Re: is a restatement considered as black letter law/rule?
« Reply #8 on: August 23, 2005, 07:04:42 PM »
I can't remember exactly when I understood what the Restatments were exactly.  The lack of yes/no answers will be a continual frustration in your immediate future, I'm afraid.

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Re: is a restatement considered as black letter law/rule?
« Reply #9 on: August 24, 2005, 01:39:32 PM »
Restatement position is always important on every issue.