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Do you cite Restatements when you're constructing your arguments on an exam?

I know it's not binding..but it is highly persuasive.

No, I never cite to the Restatements, or any legal principles for that matter. I just immediately start writing about the optimal social outcome and what the law ought to be.

Cavalier wrote:No, I never cite to the Restatements, or any legal principles for that matter. I just immediately start writing about the optimal social outcome and what the law ought to be.

I don't think I've ever seen you make a serious post.

...

dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to wait until school starts, fool, and ask your professors.

FTFY.

macattaq wrote:

dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to wait until school starts, fool, and ask your professors.

FTFY.

^ seriously

FWIW pretty much every professor i've had does not care about citation at all. most of them told us don't worry about knowing the restatement number or even the name of the case, as long as you have the principle down. they want you to know the law, not memorize the case names. The only thing they cared about was that you know it was restatement or common law.

I cite commentators, restatement, and case on exams. It doesn't replace good analysis, but it backs up your points.

Depends on subject & prof. In Ks I found it easier to cite restmt provisions by number because it served as shorthand for the rule and there were lots of restmt provisions covered. In property & torts id just discuss the 'restatement approach' if it was relevant which it rarely was.

Yes, cite everything that's relevant. The skill, of course, is in determining what is and what is not relevant.

dood wrote:With the exception of Con Law, where you absolutely need to cite landmark cases, each professor is different about citing cases, Restatements, etc. You need to ask your professors.

Best advice.