1. Prosecution of D for child abuse on X, a three-year-old. The prosecution calls X and after establishing her name, asks her what happened on the occasion that is the subject of the prosecution. X hesitates and answers in a very soft voice that she doesn't remember. The prosecutor then asks, "Weren't you with D that day?" X answers, "I guess so. I'm not sure." The prosecutor then asks, "Do you remember that D touched you a few times?" X answers, "Yes." If D moves to strike X's testimony, the court should:

a.grant the motion because X has not been shown to be a competent witness.

b.grant the motion because it is improper to lead a witness on direct examination.

c.deny the motion if it believes that the prosecutor's questions are necessary to develop X's testimony.

d.deny the motion if it believes that the prosecutor has reasonable grounds to state these facts to X.

2. Burglary prosecution. A witness testifies that he saw the defendant with the loot the day after the crime. On cross-examination, the witness is asked if he was drunk at the time. This cross-examination:

a. is improper because it is extrinsic.

b. is improper because it is not tailored to character for truth and sincerity.

c. is proper to impeach.

d. is improper because it is beyond the scope of the direct.

3. An insane person, even one who has been adjudicated incompetent, may testify, provided he understands the obligation to speak truthfully and possesses the capacity to give a correct account of what he has perceived in reference to the issue in dispute.

True

False

4. The bar to competency created by a Dead Man Act applies to civil and criminal cases.

True

False

5. Determining witness competency to testify under Rule 601 is different from determining a defendant's competency to stand trial in a criminal case, which requires that the defendant have the capacity to understand the proceedings, consult meaningfully with counsel, and assist in his defense.

True

False