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Peter was a State X resident of a group home for adults with mental and other developmental challenges. The group home was located in State
Peter was a State X resident of a group home for adults with mental and other developmental challenges. The group home was located in State X and was owned and operated by Doe. One night, a fire broke out in the home. Peter and several other residents were injured in the blaze. An investigation revealed that the smoke detector in the room at the time of the fire may not have been properly maintained. A State X statute required fully functioning smoke detectors to be installed in all residences and set out specific standards regarding the maintenance of smoke detectors in hotels, hospitals and other residential facilities. If Peter brings an action in a State X federal district court properly based on diversity of citizenship jurisdiction, which of the following statements is most accurate regarding the State X smoke detector statute? Question 1 options: a) It will not apply because the action has been brought in a federal court and federal common law will govern. b) It will apply and govern the issue of whether a properly maintained smoke detector was functioning at the time of the fire. c) It will not apply because the action has been brought in a federal court and federal statutory law will govern. d) It will not apply if state courts would choose the law of the forum state over the law of other states
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