Chapter 6 Secondary Sources Flashcards
What are some differences between a treatise and a law review article?
A difference between a treatise and a law review article is that a treatise is written solely by a legal scholar while a law review article can be written by others in the legal field; a treatise can be a single volume or can be a multi-volume set covering a broad legal area while a law review article is a single article about one topic in a legal area.
What is a similarity and a difference between a treatise and a restatement?
A similarity between a treatise and a restatement is that both cover a broad legal area. A difference is that legal scholars draft a treatise while the ALI oversees the drafting of restatements in conjunction with legal scholars, legal experts in the field, judges, and practicing attorneys. Further, proposed restatements are made available for public commentary.
What is a similarity and a difference between a restatement and a principle of law?
A similarity between a restatement and a principle of law is that both are products of the ALI. A difference is that restatements are drafted for adoption by courts and principles of law are drafted for adoption by legislatures or administrative agencies.
What is a similarity and a difference between a restatement and a uniform law or model code.
A similarity between a restatement and a uniform law or model code is that restatements and uniform laws and model codes are created through the ALI or the similar entity, NCCUSL, and are drafted by legal scholars, legal experts, judges, and practitioners. A difference is that legislators may be involved in drafting uniform laws or model codes. Further, uniform laws or model codes are drafted for adoption by the legislature unlike restatements which are drafted for adoption by courts.
What is a similarity and a difference between a legal encyclopedia and ALR?
Both legal encyclopedias and ALR are primary-authority finding tools. Legal encyclopedia entries are short, general entries while ALR annotations are longer, comprehensive articles with numerous relevant sources.
