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What witnesses were considered incompetent to testify under the common law and why? Under modern rules, who is competent to testify? Why do you think

  1. What witnesses were considered incompetent to testify under the common law and why?
  2. Under modern rules, who is competent to testify?
  3. Why do you think the rules have changed in regard to the competency of witnesses? In your answer, include any public policy interests that might be involved.
  4. Do you agree with these change? why or why not?
  5. What safeguards are provided today to ensure the competency of witnesses?
  6. if it were up to you, would you keep these rules as they are, delete them, narrow them, or expand them? Explain your reasoning
  7. How do these rules influence the gathering of evidence or preparing of witnesses?
  8. Read the case US v Schuler(Page 157-158). Do you agree or disagree with the court's reasoning and why.

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