Lawadvanced
Why may preliminary questions to a child be unrelated to the facts in issue?
Answer
The preliminary questions are used to evaluate the child’s capacity to understand questions and answer rationally, and possibly the child’s understanding of an oath or duty to speak truthfully. Their purpose is to assess testimonial competence rather than prove the disputed facts in the case.
Explanation
A competency inquiry is preliminary to the child’s substantive evidence. Questions unrelated to the dispute can reveal whether the child understands ordinary questions and can respond rationally without confusing that inquiry with proof of the case itself. **Key takeaway:** Preliminary examination evaluates capacity, not the merits. **Glossary:** Preliminary examination: questioning conducted to assess a witness’s capacity before substantive testimony.
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