| On a sunny afternoon in early May, Wally Dawson, a mail carrier in Anytown, was delivering mail on his normal route. As Wally walked down the block, he noticed that Rachel Blackwell’s German Shepard, Duke, was sitting in her front yard. The dog did not seem to be paying any particular attention to Wally. Wally delivered the mail to Rachel’s next-door neighbor. As Wally turned to leave, he saw Duke running up the sidewalk toward him. Frightened, Wally tried to run, but Duke leaped at Wally, knocked him down, and gripped his ankle with his teeth. As a result, Wally suffered minor bruises and a bite wound requiring several stitches. Use the Restatement of the Law, Torts to find information about Rachel’s liability for Wally’s injuries. |
STEP #1
Consult Restatement Index.
- Most Restatements have one cumulative index in the last volume.
- Restatement of Torts is arranged differently. Each volume has its own separate and distinct index covering only the material found in that volume. The researcher must check the index in all 4 Torts volumes.
- The table of contents for each volume can also be used to locate applicable sections.
Restatement of Torts - INDEX |
STEP #2
Locate the section number in the main text volume.
- The legal rule is printed in boldface at the beginning of each section.
- Comments and illustrations follow the rule.
- Comments clarify the scope and meaning of the rule.
- Illustrations are examples to further define the legal rule, its scope and the comments. These illustrations may be based on the facts of real cases.
| Restatement of Torts - §509 |
| Restatement of Torts - §518 |
STEP #3
Locate the section number in each appendix volume covering the section.
- Appendix volumes contain court citations which apply and interpret the rule of law. There may be several volumes covering the section.
- Appendix volumes are updated by pocket parts or supplements.
- A semiannual service, Interim Case Citations to Restatements of the Law, updates the pocket parts or supplements.
For example, Restatement of Torts, 2d, §509 is covered in appendix volumes:
- §§504 - 587 reporting cases through December 1977
- §§504 - 587 reporting cases 1978 - June 1987
- §§504 - 587 reporting cases July 1987 - June 1998
- Pocket part reporting cases July 1998 - June 2004
- Interim Case Citations to Restatements of the Law, July 2004 - April 2005
- Refer to Reporter’s Notes for the section and note references to related ALR annotations and West Topic & Key numbers.
- Appendix volumes may also contain references to ALR annotations, West topic and key numbers, and Reporter’s Notes. In the Restatement of Torts, 2d, the 1st appendix vol. has references to West topic & key number & ALR annotations. This is only place they appear in the Torts appendix volumes.
| Restatement of Torts -§§504 - 587 Appendix reporting cases through December 1977 | Restatement of Torts -§§504 - 587 Appendix reporting cases 1978-June 1987 | Restatement of Torts -§§504 - 587 Appendix reporting cases July 1987-June 1998 |
| Restatement of Torts - §§504 - 587 Pocket Pt. reporting cases July 1998 - June 2004 | Restatement of Torts - Interim Case Citations to Restatements of the Law, July 2004 - April 2005 |
STEP #4
Determine if there are any drafts of the restatement.
- Drafts of restatements contain revised text of legal rules followed by comments and reporters’ notes.
- The drafts provide analysis of changes in the restatement and citations to cases and other materials.
- Drafts can be used to find alternative approaches to analysis of current fact situations.
| Restatement of Torts - Proposed Final Draft No.1 |