Introduction - Torts Law Treatises - Guides at Georgetown Law Library
Torts Law Treatises. Begin your research on Torts Law with these prominent treatises and study aids. Coverage of case law is up-to date, as well as historical. References to ALR Restatement of the Law, Second, Torts 2d. apply misrepresentation law to online deceit and adopt a balancing test that considers a . As codified in the Restatement (Second) of Torts, there are two types of Others “strategically lie” on online dating sites about. Restatement of the law, second, torts 2d. Find a copy online which are kept up to date by replacement volumes and cumulative pocket supplements.
The library's California Real Property practice manuals don't deal with anything this obscure, and a search of California cases on Westlaw is fruitless.
Restatement of the law, second, torts 2d.
But the discussion gives you two conflicting cases, Taormina Theosophical Community v. Villa Roma, C. Well, thank you very much. What does that mean? The case annotations following the statute are no more helpful than the statute itself. It's time to find a Restatement Rule on the subject! How do I find Rules for a particular area of law in the Restatements? In this situation, you pretty clearly want to go to the Restatement of Property. Let's take a look: There are three of them!
A Restatement of the Law: Property 2d why the 2d? Propertywhich covers "Wills and other Donative Transfers," "Servitudes" and "Mortgages," published from to Why so many versions? And why are the old ones still on the shelves?
Torts Law Treatises
As the law develops over time, the ALI may publish a new edition, or "series," of a Restatement, either to reflect prevailing changes in old rules, or to address topics not covered in the original Restatement.
As you can see, the Third Restatement of Property contains a revised section on "Servitudes," which was last addressed in the First Restatement, as well as a section on "Donative Transfers," previously addressed in the Second Restatement. But just because a new Restatement has been published does not mean that the old one is "superseded. That said, you should start your research with the most recent version: Well, this isn't a "Donative Transfer" i.
Take a look at the index. Direct Restraints on Alienation A servitude that imposes a direct restraint on alienation of the burdened estate is invalid if the restraint is unreasonable. Reasonableness is determined by weighing the utility of the restraint against the injurious consequences of enforcing the restraint.
- HeinOnline Knowledge Base
So far, so good. This is the "Rule. In this case, comment "h" states that severe restrictions on alienation as part of an affordable housing program are usually reasonable. Illustration 9 is a fact pattern involving a university program to provide affordable housing for faculty -- a program which shares many elements with your client's situation, and which the Restatement suggests would be considered "reasonable" by the courts. But that's not all: Toarmina and Villa Roma are there, as well as some California cases which discuss the "reasonableness" requirement more generally.
You can not only cite the Restatement Rule itself and the illustration, but you now have additional cases which you can cite -- either to your client, to tell her that she is unlikely to have this deed provision declared invalid; or to the court, if you decide to go ahead and argue that the provisions are, in this situation, "unreasonable" under the law.
Don't forget to Shepardize or Keycite the cases you decide to rely upon. And you will want to take a look at the other, surrounding Restatement Rules; some of these may be useful, as well. How do I find out if this Restatement Rule has been cited by the California courts? Or any other courts? If a Restatement Rule has been cited with approval by the California courts, it obviously will have more authority to the judge hearing your case. And the opposite is also true: And if it has been cited in other states in fact situations which are very similar to your client's, this may also be helpful to you.
There are three ways to find such cases: The pocket part will include any cases which have cited that Restatement Rule since the volume was issued. For older Restatements, there are typically so many citations that the ALI issues "Appendix" volumes, which are shelved after the main volumes for some Restatements, such as the Second Restatement of Torts, there are over a dozen such volumes.
Look carefully at the dates and Rule numbers on the spines of each, and try to check all that include your Rule.
Using Restatements of the Law - Library - California Western School of Law
Pocket parts are issued annually; in between, look at the pamphlet entitled Interim Case Citations to the Restatements of the Lawwhich is issued every few months. The ALI also used to publish a series called Restatement in the Courtswhich collected the citations to all of the different Restatements, but this was discontinued in S This is a multi-volume treatise on the law of torts whose chapters cover topics such as premises liability, trespass, assault and battery, false imprisonment and slander.
Coverage of case law is up-to date, as well as historical. Updated with pocket parts. H33 This six volume treatise analyzes the significant changes that have evolved in the area of tort law over the past thirty years, covering topics such as liability for prenatal injury, privacy, comparative negligence, malicious prosecution and abuse of process.Episode 2.1: An Overview of Intentional Torts
Supplemented with additional volumes. Prosser; Page Keeton ed Call Number: P73 This classic hornbook on torts is no longer up-to-date, but still worth mentioning since it's one of the most influential 20th century law school texts.
Dan Dobbs' The Law of Torts has replaced this edition. A2 T6 With over 20 volumes, this treatise was originally published inbut these volumes are updated annually and a Restatement of the Law Third exists for Apportionment of Liability and Products Liability. The appendices contain Reporter's Notes, citations to court decisions, as well as cross references to key numbers and ALR annotations. Electronic Resources The Law of Torts by Dan Dobbs This hornbook replaced Prosser on Torts and its thirty-six chapters cover the full range of tort law issues, from strict liability to wrongful death to defamation.