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Source Conflict of Laws Conflict of Laws Matched to this deck.

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0 tracked cards Supplemental - Not MEE July 2026

A forum uses the Restatement Second approach to choose law in a multistate tort case. The contacts point in several directions, and the relevant issue is whether a damages cap applies.
How should the court conduct the analysis?

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The court applies the law of the place of injury in every tort case without exception. The court identifies the state with the most significant relationship to the particular issue, considering contacts and policy factors. The court asks only which state's law is easier for the judge to research. The court applies the law of the state where the complaint was filed unless that law is unconstitutional.

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