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Flashcards in Competency Deck (10)
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1

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

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).

2

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

Characteristics of immaturity

3

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

Mental incompetence

Incompetent

4

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

Perjury

CIVIL

5

Does PA have a Dead Man Statute?

Yes

6

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.

7

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

Civil only

8

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

Distribution of property by descent or will

9

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

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

10

3 ways Pa's DMS can be waived?

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