Testimonial Evidence Flashcards
1
Q
Competent Witness/ Define
A
A witness is competent is he has the capacity to remember, observe, communicate, and speak truthfully. - [ROCS] The witness must also have personal knowledge.
2
Q
Expert Witness/Opinion
A
An expert may state an opinion (even for a hypothetical question) as long as it is not a guess and instead based on admitted evidence, or personal observation, facts/sources that is reasonably relied on by other experts.