Flashcards in Competency Deck (10)
In PA, a person will be deemed incompetence if they suffer from weakness in any one of the following four areas:
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).
In PA, if a witness is a minor, he/she may be deemed incompetent IF they exhibit . . .
Characteristics of immaturity
In PA, if a witness exhibits signs of _____ ____, he may be disqualified as mentally _____
By PA statute, a person convicted of this crime is incompetent to stand trial in ____ cases.
Does PA have a Dead Man Statute?
What is PA's Dead Man Statute?
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.
PA's DMS applies to civil, criminal, or both?
What sort of civil case will PA's DMS not apply?
Distribution of property by descent or will
How is PA's DMS broader in scope than most?
Applies to ALL pre-death events, not just transactions or communications.