Witnesses - Competency

Question 1

The general overview of competency requires a witness to have

Answer 1

1) Perception; 2) Memory; 3) Communication; 4) Sincerity

Question 2

The less formal way to describe the competency requirements is that a witness must

Answer 2

Have personal knowledge and take the oath.

Question 3

The Dead Man’s Act is a perjury-preventing statute which holds

Answer 3

an interested survivor cannot testify for their interest against a decedent about communications with the decedent in a civil case.

Question 4

For the test, an answer with the Dead Man’s Act will NEVER BE RIGHT UNLESS

Answer 4

the fact pattern mentions that the jurisdiction has a Dead Man’s Statute.

Question 5

Elements necessary for the Dead Man’s Statute to apply (6):

Answer 5

1) Witness must be an interested witness;
2) Witness must be testifying for their own interest;
3) The testimony must be against decedent;
4) The testimony must concern communications/transactions with decedent;
5) Must be a Civil case;
6) DMS must not have been waived

Question 6

A state’s Dead Man Statute can apply in Federal Court if

Answer 6

the state whose substantive law applies has a dead man’s statute.