Competency Flashcards
Lois Clark was a resident of the neighborhood. She was shopping in another part of town when the gas clouds covered her neighborhood. She lost her husband and a 2 year-old child. She is called by the prosecution to describe what occurred during the gas cloud, based on what she observed on being allowed back into her home. The defendants object that she is not competent. How should the judge rule?
She is competent to say what she saw when she returned to the house
If Lois Clark is called in the civil case by plaintiffs_ counsel should the judge_s ruling be different?
No, may not be disqualified because of interest
Phil Peters survived, but the gas has damaged his lungs and throat to such a degree that he cannot speak. He can write out a response to a question and have someone else read it. Defendants object that Peters is not competent as he cannot testify. How should the judge rule?
Reasonably be understood through translation; Can still communicate
Tran Nguyen recently arrived in St. Louis from Vietnam. He was on the street beside the railroad siding where the ammonia tank cars were unloading just before the explosion. He speaks only Vietnamese. Through a translator, he described to a police officer who spoke Vietnamese a person he saw running from the area of the tank cars just before the explosion. The prosecution wishes to call Mr. Nguyen to testify, with the aid of a translator secured by the District Court. The defendant objects on the following grounds:As Mr. Nguyen is not from the U.S., he cannot appreciate the oath to tell the truth
Has nothing to do with where he is from
Tran Nguyen recently arrived in St. Louis from Vietnam. He was on the street beside the railroad siding where the ammonia tank cars were unloading just before the explosion. He speaks only Vietnamese. Through a translator, he described to a police officer who spoke Vietnamese a person he saw running from the area of the tank cars just before the explosion. The prosecution wishes to call Mr. Nguyen to testify, with the aid of a translator secured by the District Court. The defendant objects on the following grounds:As Mr. Nguyen cannot speak or understand English, he is not competent
604 - may have interpreter as long as qualifies as expert and administrator oath of truth
Tran Nguyen recently arrived in St. Louis from Vietnam. He was on the street beside the railroad siding where the ammonia tank cars were unloading just before the explosion. He speaks only Vietnamese. Through a translator, he described to a police officer who spoke Vietnamese a person he saw running from the area of the tank cars just before the explosion. The prosecution wishes to call Mr. Nguyen to testify, with the aid of a translator secured by the District Court. The defendant objects on the following grounds: The translator is a former officer in the army of South Vietnam and is very biased towards the government so his translation of both questions to Mr. Nguyen and Mr. Nguyen_s answers to those questions cannot be trusted, making Mr. Nguyen not competent to be a witness
Bias of translator does not matter
Tran Nguyen recently arrived in St. Louis from Vietnam. He was on the street beside the railroad siding where the ammonia tank cars were unloading just before the explosion. He speaks only Vietnamese. Through a translator, he described to a police officer who spoke Vietnamese a person he saw running from the area of the tank cars just before the explosion. The prosecution wishes to call Mr. Nguyen to testify, with the aid of a translator secured by the District Court. The defendant objects on the following grounds:. Mr. Nguyen is not a Christian, and thus cannot take an oath to God to tell the truth
603 - simply solemn undertaking to tell the truth; no special formula is required
Sam Southern had a long history of mental illness, but he had never been institutionalized. Southern is called by the plaintiffs in the civil action to testify about what he saw as the gas cloud began to spread out from the AB plant. The defendants object that his mental illness makes him incompetent. How should the judge rule?
Still 104(a) hearing; make sure not delusional _ if does not affect perception, recollection, ability to communicate or ability
Abe Adams is one of the last survivors of World War One, during which he endured a mustard gas attack. He was living on the outskirts of the area affected by the gas cloud. The plaintiffs in the civil suit wish to call him to compare the effects of mustard gas to what victims of the ammonia and chlorine gas cloud would have endured before they died. The defendants object that Adams is incompetent. How should the judge rule?
Mustard gas is not ammonia and chlorine; need expert witness to say they are same before he can testify. May only testify as to what you have first hand knowledge of
Harry Hines is a long time user of heroin. He was high on heroin at the time of the gas clouds, but witnessed a person running from the AB site just before the explosion. AB wishes to call Hines to identify George Ginaris as the person he saw running. Ginaris objects that Hines_s heroin addiction makes Hines incompetent to be a witness? How should the judge rule?
Hearing to determine how the heroin affects him. Let jury decide how much credibility to give
Leslie Krom has long protested AB_s environmental record. He frequently pickets across from the main entrance to AB with signs that call AB a prime murderer of the environment. Krom was present outside the AB site during the time of the explosion and is called by the plaintiffs to testify about what he saw AB employees doing immediately after the explosion. AB objects that Krom_s long standing bias against AB makes him incompetent to be a witness. How should the judge rule?
Bias does NOT affect competency but a question for the jury
