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MMLU / A minor-plaintiff suffered permanent head injuries as a result of being hit by a…

Problem

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question

A minor-plaintiff suffered permanent head injuries as a result of being hit by a car driven by a defendant. The plaintiff's father commences this action as a parent in his own right and on behalf of his son. At trial, the plaintiff's attorney called the only witness to the accident, the plaintiff's friend, aged seven. The friend was four years of age at the time of the accident. It was determined that the friend lacked the capacity to perceive and relate the accident at the time it actually occurred. The court should rule that the friend would be

choices

  1. competent to testify, because he had personal knowledge of the accident.
  2. competent to testify, because a seven-year-old is presumed to be chronologically mature.
  3. incompetent, because he lacked the capacity to perceive and relate the accident at the time of its occurrence.
  4. incompetent, because all children under the age of 10 are deemed incompetent to testify.

subject

professional_law

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Source and history

task_id
cc411056-3e6f-5d54-8b2c-4fe41d35ee53
task_key
all--test--cc411056-3e6f-5d54-8b2c-4fe41d35ee53
task_revision_id
1
config / split
all / test

Official source

initial import