Question $2$:

Choose the TRUE statement

Background: Penny is a non$-$party witness in a state court jury trial involving serious tort claims with over $$400,000$ in damages. Penny testifies about an overheard conversation but admits her testimony is based on what her best friend Judy told her. A lawyer requests that Penny's testimony be disregarded as inadmissible hearsay.

Answer Choices:

Statement: As long as Penny was properly sequestered before her testimony, her testimony may be admitted as evidence.

Statement: The use of a defibrillator or failure to use one can be the basis for a negligence claim, either by a layperson or a medical professional $($in a malpractice case$).$

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.

Statement: The bone$-$marrow donation example $($a boy to his half$-$sister$)$ and other cases $($e$.$g$.,$ crimes by $18-$year$-$old males in Nevada$)$ were discussed to illustrate limits on judicial recognition of a duty to intervene.

Statement: Both comparative fault and contributory negligence together tend to be standards for deciding negligence defenses in nearly every U$.$S$.$ state.