Multistate Bar Examination Practice Question

Competency of witnesses is not based solely on age but rather on whether the witness possesses the ability to perceive, recollect, and communicate effectively. In evaluating a child’s competency, the court will consider factors such as their ability to understand the difference between truth and falsehood and their obligation to testify truthfully. While some jurisdictions impose specific age-related guidelines, in most common law jurisdictions, age alone is not a disqualifying factor. For example, a child who demonstrates understanding and reliability may be deemed competent to testify. In contrast, reliance on irrelevant attributes such as education or personal bias does not establish or negate competency. Misinterpretations about physical conditions like deafness are clarified under the rules, as those conditions do not affect credibility when proper accommodations are provided.