Lawadvanced

Distinguish the consequences when a child passes the cognitive test but fails the oath-understanding test from the consequences when the child fails the cognitive test.

Answer

If the child passes the cognitive test but does not understand the oath, the child may give unsworn evidence if the court is satisfied that the child understands the duty to speak truthfully; that evidence requires corroboration under the notes. If the child fails the cognitive test, the child is incompetent and cannot testify, so corroboration is immaterial.

Explanation

The two tests perform different functions. The cognitive test determines whether the child is competent to give evidence at all. The oath test determines whether a cognitively competent child’s evidence can be sworn or must be unsworn, with corroboration required for the unsworn form under the material. **Key takeaway:** Failure of the first test bars testimony; failure of the oath test may lead to unsworn testimony. **Glossary:** Oath test: inquiry into whether the child understands the nature of an oath.

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