Lawintermediate
Under the law of evidence, which statement accurately reflects the principles governing a child's competence to testify?
Answer
A court may ask preliminary questions unrelated to the facts in issue to assess a child's competency.
Explanation
The notes allow preliminary questions that need not concern the facts in issue, describe sworn testimony where the oath is understood, and require corroboration for unsworn child evidence. They reject age as a conclusive substitute for assessing ability. **Key takeaway:** The court evaluates the child’s actual understanding and distinguishes sworn from unsworn evidence. **Glossary:** Facts in issue: propositions that the court must determine in the proceeding.
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