Crucial Exams

Multistate Bar Examination Practice Question

A prosecution witness in a criminal trial testified about events they claimed to have directly observed. During cross-examination, the defense counsel questioned the witness’s competence to testify, stating that the witness has a developmental disability that impacts their comprehension and memory. How should the court evaluate whether this witness is qualified to testify?

  • The witness should be allowed to testify, and an anti-discrimination framework might prevent questioning their competence in certain contexts.

  • The witness’s developmental disability impacts their qualification to testify, and their ability to provide accurate testimony should be evaluated.

  • The court should evaluate whether the witness can understand the obligation to tell the truth and can observe, remember, and communicate relevant facts.

  • The jury, not the court, must determine whether the witness is competent to testify.

Multistate Bar Examination
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