Queensland Bar Exam - Evidence EXAM ACTUAL EXAM
QUESTIONS AND CORRECT DETAILED ANSWERS
LATEST UPDATE THIS YEAR.pdf
INTRODUCTION
This Queensland Bar Exam Evidence study guide compiles of the most
tested and latest questions with verified answers and detailed
explanations covering relevance, hearsay, opinion evidence, admissions,
tendency and coincidence, credibility, character, identification, privileges,
discretionary exclusions, burdens and standards of proof, examination of
witnesses, and judicial discretions. Designed for bar exam candidates and
law students, it provides high-yield review for exam success. Each
question is paired with a concise explanation to reinforce understanding
and rapid recall.
Question 1
Which of the following best describes the difference between "evidence"
and "proof" under Queensland law?
A. Evidence is admissible material; proof is the logical conclusion drawn
from it.
B. Evidence is the judge's decision; proof is the jury's verdict.
,C. Evidence and proof are synonymous terms.
D. Evidence is only oral testimony; proof is only documentary material.
Answer: A
Explanation: Evidence refers to the material admitted to court,
whereas proof is the logical inference that the fact-finder makes
from that evidence.
Question 2
Under the Evidence Act 1977 (Qld), which test is applied to determine
whether a fact is relevant?
A. The "probative value" test only.
B. The "logical relevance" test, not the "legal relevance" test.
C. The "legal relevance" test, which incorporates the logical test.
D. The "unfair prejudice" test alone.
Answer: C
Explanation: Section 55 requires that a fact be legally relevant,
meaning it must have some logical connection to a fact in issue and
be admissible under the law.
Question 3
The "Christie discretion" allows a trial judge to exclude relevant evidence
when:
,A. The evidence is irrelevant.
B. The probative value is substantially outweighed by the danger of unfair
prejudice.
C. The evidence is hearsay.
D. The evidence is not in the best evidence form.
Answer: B
Explanation: The Christie discretion (s 135) permits exclusion where
the danger of unfair prejudice, confusion, or misleading the jury
outweighs its probative value.
Question 4
Which of the following is a "collateral fact"?
A. The fact that the defendant was at the scene of the crime.
B. The fact that the contract was signed on a specific date.
C. The fact that a witness is biased against the plaintiff.
D. The fact that the weapon used was a knife.
Answer: C
Explanation: Collateral facts are facts that affect the credibility or
weight of evidence but are not directly in issue.
, Question 5
Which legislation provides the primary source of evidential law in
Queensland?
A. Criminal Code Act 1899 (Qld).
B. Uniform Evidence Act 1995 (Cth).
C. Evidence Act 1977 (Qld).
D. Queensland Charter of Human Rights Act 2004.
Answer: C
Explanation: The Evidence Act 1977 (Qld) is the main statutory
source governing evidence in Queensland courts.
Question 6
The relationship between substantive law and admissibility of evidence is
that:
A. Substantive law determines the credibility of witnesses.
B. Substantive law defines the elements of the offence, while admissibility
rules determine what evidence may be considered to prove those
elements.
C. Admissibility rules are irrelevant to substantive law.
D. Substantive law only applies in civil matters.
Answer: B
QUESTIONS AND CORRECT DETAILED ANSWERS
LATEST UPDATE THIS YEAR.pdf
INTRODUCTION
This Queensland Bar Exam Evidence study guide compiles of the most
tested and latest questions with verified answers and detailed
explanations covering relevance, hearsay, opinion evidence, admissions,
tendency and coincidence, credibility, character, identification, privileges,
discretionary exclusions, burdens and standards of proof, examination of
witnesses, and judicial discretions. Designed for bar exam candidates and
law students, it provides high-yield review for exam success. Each
question is paired with a concise explanation to reinforce understanding
and rapid recall.
Question 1
Which of the following best describes the difference between "evidence"
and "proof" under Queensland law?
A. Evidence is admissible material; proof is the logical conclusion drawn
from it.
B. Evidence is the judge's decision; proof is the jury's verdict.
,C. Evidence and proof are synonymous terms.
D. Evidence is only oral testimony; proof is only documentary material.
Answer: A
Explanation: Evidence refers to the material admitted to court,
whereas proof is the logical inference that the fact-finder makes
from that evidence.
Question 2
Under the Evidence Act 1977 (Qld), which test is applied to determine
whether a fact is relevant?
A. The "probative value" test only.
B. The "logical relevance" test, not the "legal relevance" test.
C. The "legal relevance" test, which incorporates the logical test.
D. The "unfair prejudice" test alone.
Answer: C
Explanation: Section 55 requires that a fact be legally relevant,
meaning it must have some logical connection to a fact in issue and
be admissible under the law.
Question 3
The "Christie discretion" allows a trial judge to exclude relevant evidence
when:
,A. The evidence is irrelevant.
B. The probative value is substantially outweighed by the danger of unfair
prejudice.
C. The evidence is hearsay.
D. The evidence is not in the best evidence form.
Answer: B
Explanation: The Christie discretion (s 135) permits exclusion where
the danger of unfair prejudice, confusion, or misleading the jury
outweighs its probative value.
Question 4
Which of the following is a "collateral fact"?
A. The fact that the defendant was at the scene of the crime.
B. The fact that the contract was signed on a specific date.
C. The fact that a witness is biased against the plaintiff.
D. The fact that the weapon used was a knife.
Answer: C
Explanation: Collateral facts are facts that affect the credibility or
weight of evidence but are not directly in issue.
, Question 5
Which legislation provides the primary source of evidential law in
Queensland?
A. Criminal Code Act 1899 (Qld).
B. Uniform Evidence Act 1995 (Cth).
C. Evidence Act 1977 (Qld).
D. Queensland Charter of Human Rights Act 2004.
Answer: C
Explanation: The Evidence Act 1977 (Qld) is the main statutory
source governing evidence in Queensland courts.
Question 6
The relationship between substantive law and admissibility of evidence is
that:
A. Substantive law determines the credibility of witnesses.
B. Substantive law defines the elements of the offence, while admissibility
rules determine what evidence may be considered to prove those
elements.
C. Admissibility rules are irrelevant to substantive law.
D. Substantive law only applies in civil matters.
Answer: B
