Statutesare actual laws that are enacted by our representatives in state legislatures and in Congress. Statutes are codified into codes like the Penal Code, Civil Code, etc. Driving a motor vehicle on a public highway with a blood-alcohol level of .08% or higher is an example of California Vehcile Code, section 23152(a). Statutes are authoritative in nature. Many statutes were originally drafted as uniform acts and then became law when adopted by the legislative body of the particular jurisdiction. The Restatement Secondis neither fish nor fowl. In other words, it is NOT law that judges are required to apply. Although the Restatements include as part of their text areas of both common and statutory law, these rules DO NOT bind judges. The American Law Institute (comprised of judges, lawyers and academecians), is responsible for placing these rules in the Restatements. Judges will however apply the Restatement rules when and if they find them to be persuasive. When this occurs, these rules become the common law rules of the particular jurisdiction. The majority of states in this country
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