ND Bar Practice Questions - North Dakota Bar Examination Exam

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A North Dakota court hears a tort case arising from an accident that occurred in Minnesota. The forum must decide which state's substantive tort law applies. Many states (and North Dakota) apply the 'most significant relationship' approach of the Restatement (Second) of Conflict of Laws. Under that approach, the court:

Weighs contacts and policy factors to determine which state has the most significant relationship to the occurrence and the parties Always applies the law of the forum state Always applies the law of the plaintiff's domicile Applies whichever law gives the plaintiff the larger recovery

Correct Answer:

Weighs contacts and policy factors to determine which state has the most significant relationship to the occurrence and the parties

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