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7 Cards in this Set
- Front
- Back
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Requirements to be Competent as a Witness |
1) personal knowledge 2) oath or affirmation |
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NY rule for testimony of children: General rule |
Child of any age may testify if he undertsnads and appreciates duty to tell the truth |
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NY Rule for testimony of children: civil cases |
Child must be allowed to testify under oath |
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NY rule for testimony of childrn: criminal cases |
A child under 9 who cannot understand the duty to tell the truth may still testify, but the defendant cannot be convicted solely on the basis of the testimony |
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Dead Man's Statute: general rule |
Witness is not oridinarily incompetent b/c of a personal stake int eh outcome.
On MS there is no dead mans statute unless the question explicitly says so |
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Deat Man's Stature: Typical requirements |
1) in a civil action 2) an interested witness 3) is incompetent to testify 4) against the estate of a decedent 5) concerning a personal transaction or communication between the two |
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NY Dead Mans statute: automobile exception |
A surviving interested party may testify about her observations of the decedents conduct/demeanor, but not about oral statements of the decedent. |
