Select the one (1) statement from the list below that is FALSE. O The First Amendment to the U.S. Constitution guarantees the freedoms of religion, speech, press, to assemble peaceably and to petition the government. To prove a negligence cause of action, an unintentional tort, a plaintiff must prove four elements: duty of care owed by the defendant; the breach or violation of that duty by the defendant; proximate causation by defendant of plaintiff's foreseeable injury; and legally recognizable damages suffered by plaintiff. In order to convict someone of a crime, there must be both actus reus and mens rea as required elements in evidence. In order to qualify an item for copyright protection it must be new, useful and non-obvious. A legally enforceable contract requires an agreement formed by two or more parties to perform or refrain from performing some act now or in the future. There is an essential stage in the early stages of a typical civil lawsuit that Professor Alvarado pointed out which can be easily overlooked but is essential if there is to be an enforceable judgment. Select that stage below. The defendant should wisely choose whether to have a jury trial. O An informal investigation of the facts must be conducted before suit is filed A request for a court appointed attorney should be made if the defendant has not retained an attorney. Amotion to dismiss should be filed by the defendant. Defendant is notified of the lawsuit (citation) by service of process