Which of the following is NOT a primary source of law?

• A. Statute
• B. Court decision
• C. Constitution
• D. Restatement of the Law

Answer: (D)

The main idea is distinguishing primary sources of law from secondary ones. Primary sources are the actual materials that establish legal rules: a constitution sets the fundamental framework, statutes enacted by legislatures create specific laws, and court decisions (case law) interpret and apply those laws. The Restatement of the Law, by contrast, is a secondary source. It collects, synthesizes, and explains existing law to guide understanding, but it does not itself create binding legal rules. Courts may cite it as persuasive authority, especially to illustrate settled thinking or to fill gaps, yet it remains non-binding unless a statute or court adopts it. That’s why the Restatement is not a primary source of law.