ND Bar Practice Questions - North Dakota Bar Examination Exam

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Under the Erie doctrine, a federal court sitting in diversity in North Dakota must apply state substantive law and federal procedural law. A North Dakota statute of limitations bars a tort claim. The federal court is asked whether to apply the North Dakota limitations period or a more generous federal common-law period. How should it rule?

Apply the federal period, because limitations periods are procedural Apply whichever period is longer to protect the plaintiff Apply the North Dakota period, because statutes of limitations are treated as substantive under Guaranty Trust v. York Apply the federal period only if the claim is also recognized under federal law

Correct Answer:

Apply the North Dakota period, because statutes of limitations are treated as substantive under Guaranty Trust v. York

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