A five-year-old child is the only witness to a car accident. The child gave a detailed account of the event during a pretrial interview, but the defense raises an objection on grounds that the child is too young to testify. What factors should the court evaluate to determine whether the child is competent as a witness?
Whether the child’s testimony is consistent with pretrial statements.
The child’s age at the time the incident occurred.
Whether the child is willing to testify in court.
The child’s ability to truthfully and accurately recall the event.
The correct answer focuses on the child’s ability to truthfully and accurately recall the event, which is the standard used to assess witness competency. Competency does not depend on age alone; rather, it requires evaluating the individual’s cognitive and moral capacity. The child’s willingness to testify or consistency of statements might affect credibility but not overall competency. Similarly, age on its own is insufficient to bar or permit a witness to testify.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is witness competency in a legal context?
Open an interactive chat with Bash
Why isn't age the sole factor in determining competency?
Open an interactive chat with Bash
How do courts assess a child’s ability to testify truthfully?
Open an interactive chat with Bash
Multistate Bar Examination
Evidence
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .