Match each witness condition with its corresponding legal standard or accommodation:

Conditions:
1. Deaf or mute witness
2. Witness with periodic mental infirmity
3. Witness of extreme old age

Standards / Accommodations:
A. Permitted to provide evidence through alternative intelligible means, such as writing or signs
B. Competent to testify during lucid intervals when capable of rational comprehension
C. Subjected to a functional assessment of comprehension so age is not treated as an automatic bar

Question

Match each witness condition with its corresponding legal standard or accommodation:

Conditions:
1. Deaf or mute witness
2. Witness with periodic mental infirmity
3. Witness of extreme old age

Standards / Accommodations:
A. Permitted to provide evidence through alternative intelligible means, such as writing or signs
B. Competent to testify during lucid intervals when capable of rational comprehension
C. Subjected to a functional assessment of comprehension so age is not treated as an automatic bar

Accepted Answer

1-A, 2-B, 3-C. The notes use a functional test for age and mental infirmity, while recognizing alternative methods of communication for deaf or mute witnesses. These approaches avoid treating a characteristic as an automatic bar where the person can still provide intelligible, rational evidence. **Key takeaway:** Apply the specific functional rule to each condition. **Glossary:** Intelligible communication: a form of communication that can be understood and received as evidence.

Explanation

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