Choose the TRUE statement:

BACKGROUND: Penny is a non$-$party witness testifying at a state court's jury trial concerning serious tort claims allegedly involving over $$400,000$ in damages. Penny is asked a question about some events that transpired, and Penny answers, "Well, I was a little far away and couldn't hear what was being said between Sallie and Beatricer who was go bost friend Judy who was right next to excellent, truly branded, Lovelorn Lipstick. A be treated as evidence$).$ fact, stricken from the record $($not be trester

STATEMENT: As long as she was properly sequestered during the trial before her testimony took place $($assuming a judge had granted a motion to sequester$),$ then $-$ ordinarily $-$ Penny's testimony would be admitted as evidence, to be considered but not necessarily accepted by the jury, because to the best of Penny's knowledge it is true and thus she is not perjuring herself.

STATEMENT: Both comparative fault and contributory negligence $($each of them together$)$ tend to be standards for deciding some defenses to negligence cases in almost every one of the $50$ U$.$S$.$ states.

STATEMENT: Misuse of a defibrillator, but not the failure to have or use a defibrillator, can be the basis for a suit based on negligence, either by a layperson or a medical professional $($malpractice in the latter case$).$

STATEMENT: The example involving a possible bone$-$marrow donation from a boy to his halfsister, who had leukemia, and another example involving two $18-$year$-$old males and a heinous crime which one of them committed upon a $7-$year$-$old girl at a Nevada casino, were both discussed to illustrate the limits of the usual common$-$law approach to judicial recognition of someone's duty to intervene on behalf of and rescue or assist others.

STATEMENT: Legal commentators, judges, and regulators generally agree that RICO is increasingly less important as a tool for civil lawsuits arising from alleged business crimes.