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hi everyone welcome back to hands-free studying for the MBE brought to you by brainscape these upcoming evidence questions cover witnesses and impeachment all right lets get started question 1 what is required for a witness to be considered competent the witness must first take an oath to testify truthfully second testify based on personal knowledge 3 the witness must not be incapacitated and fourth the witness must give testimony as to facts not opinions remember under the Federal Rules of Evidence witnesses are presumed competent on the MBE be wary of answer choices that say the witness is incompetent when instead the witness is just biased [Music] question 2 when is a lay witness allowed to testify as to opinions lay witnesses can testify as to opinions only if they are based on first-hand knowledge and rationally based on the witnesss perception helpful to clearly understanding the witnesss testimony or determining a fact and issue and lastly not based on scientific technical or