Question $40$:

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

Answer Choices:

STATEMENT: Circumstantial evidence usually cannot be used $($introduced$)$ in civil cases except to rebut other evidence or in conjunction with expert testimony.

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: 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.

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

STATEMENT: If Chloe 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.