Pick the correct $($most accurate$)$ statement:

Assume that Heather negligently left her hair straightener on in her apartment when she left for work. While Heather was gone, a burglar broke into her apartment and knocked the straightener onto the carpet, which caught on fire and spread throughout most of the apartment building. Although the fire department was promptly called and quickly arrived to put out the flames, several apartments, including Heather's, were badly damaged.

STATEMENT: If Heather is NOT liable for damages to any of the apartments, it is very likely because such liability would constitute a wrongful mixing of a civil remedy with a criminal wrong.

STATEMENT: In several states $($more than just two or three, but less than a dozen$),$ the reasoning in the Palsgraf decision has been challenged and a different approach adopted.

STATEMENT: As a practical matter, a person can be too old for the President to nominate that person for Supreme Court Justice.

STATEMENT: In most states, if there is no contract or law on point, it remains the option of any competent party to have his$/$her case resolved through arbitration rather than through litigation.