This question should be answered using three IRAC structures. Please include all relevant keywords in your answer.
Joseph sues the executor of his aunt’s estate, claiming that he is entitled to a larger share of the estate. Joseph calls his sister to testify to a conversation that she had with their aunt at a family reunion. The executor objects on the grounds that the sister has also inherited a share of the estate. Joseph calls his nephew to testify to overhearing the conversation at the reunion. The executor objects on the grounds that the nephew is 4 years old and thinks the trial is a game to win candy. Finally, Joseph calls his aunt’s attorney to testify to seeing, but not hearing, the conversation at the reunion. The executor objects on the grounds that the attorney is nearly blind and does not have personal knowledge of the conversation.
Should the court allow these witnesses to testify?
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Hint
To answer this question, you should think about and discuss the application of the dead man acts doctrine. Next, think about and discuss when a court determines that a child is competent. Finally, think about and discuss what a non-expert needs to know in order to be allowed to testify.
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Sister's Testimony
Nephew's Testimony
Attorney's Testimony
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