JUDGMENTS

 

Restatement of the Law, Judgments

The original work on this subject is now out of print. It has been replaced by Restatement of the Law Second, Judgments.

Restatement of the Law Second, Judgments

Judgments 2d (vols. 1-2) & Appendix (vols. 3-5)

vol. 1 xiv, 416 pp., 1982, Order Code 5627, $63.50 -- Order this item

vol. 2 xiv, 417 pp., 1982, Order Code 5489, $63.50 -- Order this item

Appendix vol. 3 xviii, 604 pp., 1982, Order Code 5490, $63.50 -- Order this item

Appendix vol. 4 xv, 736 pp., 1988, Order Code 5895, $63.50 -- Order this item

Appendix vol. 5 xv, 627 pp., 1996, Order Code 5547, $72 -- Order this item

Appendix vol. 6 xiii, 494 pp., 2004, Order Code 04AXJDG6, $84 -- Order this item

 

[ View Shopping Cart | Checkout | Empty Shopping Cart ]

 

Restatement of the Law Second, Judgments, represents a thorough rethinking and reformulation, in the light of contemporary developments, of the preclusive effects of judgments in civil actions. In contrast to the original Restatement of Judgments 1942, Judgments Second reflects throughout the extent to which the contemporary law governing whether a previously adjudicated claim or issue may be relitigated depends upon the procedural opportunities that had been available to litigate it fully and fairly the first time. A particular advantage of this emphasis is that the law of res judicata is stated in terms coordinate with the legislative systems of civil procedure currently in general use, i. e., the Federal Rules and state systems closely similar to them. The value of Judgments Second for the practitioner is thereby greatly enhanced.

Judgments Second covers the validity of judgments; former adjudication: the effects of a judicial judgment; parties and other persons affected by judgments; relief from a judgment; and special problems deriving from the nature of the forum rendering judgment. Although the Restatement focuses primarily on issues arising within a single legal system, the rules in Chapter 2 speak also to the inter-jurisdictional recognition of judgments; the formulations in that chapter generally incorporate the Restatement Second, Conflict of Laws, but in some respects modify the rules of that Restatement. In addition, Chapter 5 expressly distinguishes between relief from a local judgment and relief from a judgment rendered in another jurisdiction. Finally, Chapter 6 covers important areas that were not dealt with in the first Restatement: the effects of adjudicative determinations by administrative tribunals, arbitration awards, criminal judgments in subsequent civil actions, state court judgments in subsequent actions in federal courts, and federal court judgments in subsequent actions in state courts.

Appended to Volume 2 are conversion tables listing the counterparts of each Judgment Second section in the first Restatement and in the tentative drafts; tables of cases, statutes, and federal rules; and an index.

Volumes 3, 4, and 5 (Appendixes) contain digests of cases citing both the first and second Restatement through June 1995. Volume 3 also contains cross-references to West Digest System Key Numbers and ALR Annotations. The case citations in the Appendix Volumes are updated annually by a cumulative pocket part.

Reporters: Geoffrey C. Hazard, Jr., Yale Law School, New Haven, Connecticut [from 1973]; Benjamin Kaplan, Associate Justice, Supreme Judicial Court of Massachusetts, Boston, Massachusetts, formerly, Professor of Law, Harvard University, Cambridge, Massachusetts [to 1973]; David L. Shapiro, Harvard University Law School, Cambridge, Massachusetts [to 1974].

Advisers: Bennett Boskey, Washington, District of Columbia; Milton B. Conford, Judge, Superior Court of New Jersey, Appellate Division, Asbury Park, New Jersey; Edward H. Cooper, University of Michigan Law School, Ann Arbor, Michigan [from 1976]; Oscar H. Davis, Judge, United States Court of Claims, Washington, District of Columbia; Ronan F. Degnan, University of California School of Law, Berkeley, California [from 1973]; Ruth B. Ginsburg, Columbia University School of Law, New York, New York; Paul R. Hays, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, New York, New York [Deceased 1980]; Geoffrey C. Hazard, Jr. [to 1973]; Benjamin Kaplan [from 1973]; Willis L. M. Reese, Columbia University School of Law, New York, New York; David L. Shapiro [from 1974]; William Stix, St. Louis, Missouri; Allan D. Vestal, University of Iowa College of Law, Iowa City, Iowa; Charles Alan Wright, University of Texas School of Law, Austin, Texas.

Tentative and Other Annual Meeting Drafts

Tentative Draft No. 1: Chapter 3. Former Adjudication: The Effects of Judicial Judgments Rendered in Civil Cases xvii, 229 pp., 1973, Order Code 5168, $8 -- Order this item

Tentative Draft No. 2: Chapter 4. Parties and Other Persons Affected by Judgments: Topic 1. Parties and Persons Represented by Parties xiii, 104 pp., 1975, Order Code 5169, $6 -- Order this item

Tentative Draft No. 4: Part I. Chapter 3. Former Adjudication: The Effects of Judicial Judgments Rendered in Civil Actions: Topic 2. Personal Judgments, Title E. Issue Preclusion; Part II. Chapter 4. Parties and Other Persons Affected by Judgments: Topic 2. Substantive Legal Relationships Resulting in Preclusion xii, 110 pp., 1977, Order Code 5171, $6 -- Order this item

Tentative Draft No. 5: Chapter 2. Validity of Judgments: Topic 1. Notice; Topic 2. Territorial Jurisdiction; Topic 3. Subject Matter Jurisdiction; Chapter 3. Former Adjudication: Topic 2. Personal Judgments xv, 204 pp., 1978, Order Code 5172, $8 -- Order this item

Tentative Draft No. 6: Chapter 5. Relief from a Judgment: Topic 1. Relief Sought by a Party; Topic 2. Relief for Nonparties; Topic 3. Procedure for Obtaining Relief; Revision of § 15. Contesting Subject Matter Jurisdiction xiv, 164 pp., 1979, Order Code 5173, $10 -- Order this item

Tentative Draft No. 7: Chapter 1. Introduction; Chapter 4. Parties and Other Persons Affected by Judgments Section 111.1-Duty Not to Obstruct Compliance with Judgments; Chapter 6. Special Problems Deriving from Nature of Forum Rendering Judgment; Resubmissions of: Section 73, Judgments Based on Jurisdiction to Determine Interests in Things; Section 75, Judgments in Actions Based on Attachment Jurisdiction xi, 104 pp., 1980, Order Code 5174, $12 -- Order this item

[ View Shopping Cart | Checkout | Empty Shopping Cart ]