Competency

Question 1

In PA, a person will be deemed incompetence if they suffer from weakness in any one of the following four areas:

Answer 1

Communication

Obligation to tell the truth (doesn’t understand the obligation)

Memory (has impaired memory)

Perception (is, or was, at any relevant time, incapable of perceiving accurately).

Question 2

In PA, if a witness is a minor, he/she may be deemed incompetent IF they exhibit . . .

Answer 2

Characteristics of immaturity

Question 3

In PA, if a witness exhibits signs of _____ ____, he may be disqualified as mentally _____

Answer 3

Mental incompetence

Incompetent

Question 4

By PA statute, a person convicted of this crime is incompetent to stand trial in ____ cases.

Answer 4

Perjury

CIVIL

Question 5

Does PA have a Dead Man Statute?

Answer 5

Yes

Question 6

What is PA’s Dead Man Statute?

Answer 6

An interested survivor cannot testify for his or her interest against the decedent or D’s reps about pre-death events involving D, in a civil case, unless there is a waiver.

Question 7

PA’s DMS applies to civil, criminal, or both?

Answer 7

Civil only

Question 8

What sort of civil case will PA’s DMS not apply?

Answer 8

Distribution of property by descent or will

Question 9

How is PA’s DMS broader in scope than most?

Answer 9

Applies to ALL pre-death events, not just transactions or communications.

Question 10

3 ways Pa’s DMS can be waived?

Answer 10

By deposing a witness or subjecting a witness to Rogs concerning occurrences involving the deceased party

By introducing depositions of the deceased

By cross-examining a witness on pre-death events