explained it has not rendered a final decision on those questions of unsettled state law. This Court is the final arbitrator of unsettled questions of state law, and . the first two questions about liability under our state statutes are posited such that they may be determinative of the proceeding. Moreover, there is no controlling precedent on those ques tions. Accordingly, we exercise our discretion to answer the first two certified questions. However, we consider the remaining certified questions about damages under N.D.C.C. § 38-11.1-04 in the context of whether an adequate factual record has been developed for this Court to exercise its discretion to answer those questions. See Bornsen, 2011 ND 183, ¶¶ 23-27, 804 N.W.2d 55 (Kapsner, J., dissenting). See also Cray, 925 P.2d at 62 (<HOLDING>). IV [¶ 13] Before addressing the certified
recognizing other state courts have declined to answer certified questions that would not be determinative of the action that were based on conflicting facts or that had already been decided by the state appellate court holding that constitutional questions will not be decided if case can be decided on other grounds holding that district courts do not have appellate jurisdiction over state courts holding that courts are precluded from reconsidering issues that have already been decided in the same case recognizing the general rule that an appellate court will not address matters that were not raised or decided in the trial court  