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Queensland Bar Exam
Evidence Questions & Answers
2026/2027 | Updated Evidence
Examination Questions
Document Overview
This comprehensive document offers 453 Queensland Bar Exam evidence
questions, each accompanied by its correct answer and a detailed explanation. It
provides a thorough review of core evidence principles. This resource is directly
suitable for students preparing for their certification exams, allowing for efficient
study and mastery of the subject.
100% Accurate Questions and Answers
100% Guarantee Pass - Verified by Experts Expert-Verified
Verified Answers · 453 Questions · September 2026
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, Topics Covered
Section 1: Burden and Standard of Proof
Questions covering burden and Standard of Proof concepts.
Section 2: Judicial Discretion
Questions covering judicial Discretion concepts.
Section 3: Witness Examination Rules
Questions covering witness Examination Rules concepts.
Section 4: Specific Rules and Directions
Questions covering specific Rules and Directions concepts.
Section 5: Relevance and Admissibility
Questions covering relevance and Admissibility concepts.
Section 6: Exclusionary Rules
Questions covering exclusionary Rules concepts.
Section 7: Documentary Evidence
Questions covering documentary Evidence concepts.
Section 8: Admissions and Confessions
Questions covering admissions and Confessions concepts.
Section 9: Hearsay Rule and Exceptions
Questions covering hearsay Rule and Exceptions concepts.
Section 10: Opinion Evidence
Questions covering opinion Evidence concepts.
Section 11: Prior Statements
Questions covering prior Statements concepts.
Section 12: Character and Credibility
Questions covering character and Credibility concepts.
Section 13: Legal Professional Privilege and More
Questions covering legal Professional Privilege and More concepts.
Section 14: Evidence Procedure
Questions covering evidence Procedure concepts.
Section 15: Presumptions and Judicial Notice
Questions covering presumptions and Judicial Notice concepts.
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, Questions
QUESTION 1 OF 453
Legal Burden vs Evidentiary Burden of proof
Correct Answer: Evidentiary burden: BRING EVIDENCE. The burden of a party to bring evidence that
there is sufficient evidence to raise an issue as the existence of a FII. The party who is making a claim or
assertion must be able to prove it with evidence.
Legal burden: PROVE THE EVIDENCE to a the standard, or level of proof a party has an obligation to reach
to prove a FII (e.g. Crown as to BRD).
QUESTION 2 OF 453
When burden shifts
Correct Answer: Legal burden can never shift in criminal cases.
Defence (in crime) on BOP.
Party that bears risk of non-persuasion does until tribunal of fact decides on issue. (BRD by Crown, BOP by
Plaintiff's/Defendants).
Lord Denning - the burden on the ultimate issue (ultimate burden) must be distinguished from the burden
on the separate issues
QUESTION 3 OF 453
Commonwealth standard of proof for raising a defence vs Queensland?**
Correct Answer: "A 'persuasive' [legal] burden of proof requires the accused to prove, on a balance of
probabilities, a fact which is essential to the determination of his guilt or innocence. It reverses the burden of
proof by removing it from the prosecution and transferring it to the accused. An 'evidential' burden requires
only that the accused must adduce sufficient evidence to raise an issue before it has to be determined as one
of the facts in the case. The prosecution does not need to lead any evidence about it, so the accused needs to
do this if he wishes to put the point in issue. But if it is put in issue, the burden of proof remains with the
prosecution. The accused need only raise a reasonable doubt about his guilt."
CF as to EAC ????
QUESTION 4 OF 453
Status of evidence not objected to
Correct Answer: When inadmissible evidence is tendered, or a question is asked which may elicit
inadmissible evidence, it is the duty of counsel who opposes it to immediately object
o Objection should be made with precision
o It is for the tendering party to show the purpose for which the evidence is tendered and how it becomes
relevant and admissible
Important for counsel to object to evidence, or have judicial ruling to 'get it on the record' in case of appeal. If
not objected to, then it falls into dominion of counsel's discretion as to adduce it or not (e.g. simply relying on
comments from the bench is not enough, get a ruling on it).
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, QUESTION 5 OF 453
ss101-102 EAQ.
Correct Answer: s101 Witness's previous statement, if proved, to be evidence of facts stated
s102 Weight to be attached to evidence
QUESTION 6 OF 453
Briginshaw standard
Correct Answer: Standard of proof used in civil cases is the Balance of probabilities, codified in EAC at s
140.
BUT recognising the gravity of the allegation.
BOP means "more probable than not" (i.e. better than even odds): Lord Denning. Does not mean a
mathematical or mechanical comparison of general probabilities
QUESTION 7 OF 453
Beyond reasonable doubt
Correct Answer: Criminal standard of proof.
· does not mean "proof beyond a shadow of a doubt" or "certainty", but means the evidence "is so strong
against a man as to leave only a remote possibility in his favour": Lord Denning.
· However, the defence's legal burden is to be proved on a balance of probabilities: s 141(2), EAC - QLD?
QUESTION 8 OF 453
Who bears the burden of proof?*
Correct Answer: Evidential burden: The party who has the burden of proof must provide evidence to
support their case. If neither party presents evidence, the case is decided in favor of the defendant.
General rule: The party who bears the legal burden of proof also bears the evidential burden. In criminal
cases, the prosecution bears the legal burden of disproving defenses, but the defense must provide enough
evidence to raise the issue. In civil cases, the proponent of an issue bears the burden of proof but need not
anticipate every defense.
Legal burden: The burden of proof is generally on the party who initiates the case (plaintiff in civil cases,
defendant in criminal cases). The burden may lie with the plaintiff if the fact is essential to the cause of
action, or with the defendant if it is simply a denial of an essential element. The burden may also include
proving a negative.
QUESTION 9 OF 453
Beyond Reasonable Doubt
Correct Answer: The criminal standard of proof. Not to the degree of beyond a shadow of a doubt. Should
be careful to give the phrase a definition beyond the ordinary meaning of the words.
QUESTION 10 OF 453
CEA Standards of proof
Correct Answer: CEA s140 - civil standard of proof is balance of probabilities.
CEA s141 - criminal standard of proof is beyond reasonable doubt for the crown and balance of probabilities
for the defence.
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
Queensland Bar Exam
Evidence Questions & Answers
2026/2027 | Updated Evidence
Examination Questions
Document Overview
This comprehensive document offers 453 Queensland Bar Exam evidence
questions, each accompanied by its correct answer and a detailed explanation. It
provides a thorough review of core evidence principles. This resource is directly
suitable for students preparing for their certification exams, allowing for efficient
study and mastery of the subject.
100% Accurate Questions and Answers
100% Guarantee Pass - Verified by Experts Expert-Verified
Verified Answers · 453 Questions · September 2026
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, Topics Covered
Section 1: Burden and Standard of Proof
Questions covering burden and Standard of Proof concepts.
Section 2: Judicial Discretion
Questions covering judicial Discretion concepts.
Section 3: Witness Examination Rules
Questions covering witness Examination Rules concepts.
Section 4: Specific Rules and Directions
Questions covering specific Rules and Directions concepts.
Section 5: Relevance and Admissibility
Questions covering relevance and Admissibility concepts.
Section 6: Exclusionary Rules
Questions covering exclusionary Rules concepts.
Section 7: Documentary Evidence
Questions covering documentary Evidence concepts.
Section 8: Admissions and Confessions
Questions covering admissions and Confessions concepts.
Section 9: Hearsay Rule and Exceptions
Questions covering hearsay Rule and Exceptions concepts.
Section 10: Opinion Evidence
Questions covering opinion Evidence concepts.
Section 11: Prior Statements
Questions covering prior Statements concepts.
Section 12: Character and Credibility
Questions covering character and Credibility concepts.
Section 13: Legal Professional Privilege and More
Questions covering legal Professional Privilege and More concepts.
Section 14: Evidence Procedure
Questions covering evidence Procedure concepts.
Section 15: Presumptions and Judicial Notice
Questions covering presumptions and Judicial Notice concepts.
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, Questions
QUESTION 1 OF 453
Legal Burden vs Evidentiary Burden of proof
Correct Answer: Evidentiary burden: BRING EVIDENCE. The burden of a party to bring evidence that
there is sufficient evidence to raise an issue as the existence of a FII. The party who is making a claim or
assertion must be able to prove it with evidence.
Legal burden: PROVE THE EVIDENCE to a the standard, or level of proof a party has an obligation to reach
to prove a FII (e.g. Crown as to BRD).
QUESTION 2 OF 453
When burden shifts
Correct Answer: Legal burden can never shift in criminal cases.
Defence (in crime) on BOP.
Party that bears risk of non-persuasion does until tribunal of fact decides on issue. (BRD by Crown, BOP by
Plaintiff's/Defendants).
Lord Denning - the burden on the ultimate issue (ultimate burden) must be distinguished from the burden
on the separate issues
QUESTION 3 OF 453
Commonwealth standard of proof for raising a defence vs Queensland?**
Correct Answer: "A 'persuasive' [legal] burden of proof requires the accused to prove, on a balance of
probabilities, a fact which is essential to the determination of his guilt or innocence. It reverses the burden of
proof by removing it from the prosecution and transferring it to the accused. An 'evidential' burden requires
only that the accused must adduce sufficient evidence to raise an issue before it has to be determined as one
of the facts in the case. The prosecution does not need to lead any evidence about it, so the accused needs to
do this if he wishes to put the point in issue. But if it is put in issue, the burden of proof remains with the
prosecution. The accused need only raise a reasonable doubt about his guilt."
CF as to EAC ????
QUESTION 4 OF 453
Status of evidence not objected to
Correct Answer: When inadmissible evidence is tendered, or a question is asked which may elicit
inadmissible evidence, it is the duty of counsel who opposes it to immediately object
o Objection should be made with precision
o It is for the tendering party to show the purpose for which the evidence is tendered and how it becomes
relevant and admissible
Important for counsel to object to evidence, or have judicial ruling to 'get it on the record' in case of appeal. If
not objected to, then it falls into dominion of counsel's discretion as to adduce it or not (e.g. simply relying on
comments from the bench is not enough, get a ruling on it).
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
, QUESTION 5 OF 453
ss101-102 EAQ.
Correct Answer: s101 Witness's previous statement, if proved, to be evidence of facts stated
s102 Weight to be attached to evidence
QUESTION 6 OF 453
Briginshaw standard
Correct Answer: Standard of proof used in civil cases is the Balance of probabilities, codified in EAC at s
140.
BUT recognising the gravity of the allegation.
BOP means "more probable than not" (i.e. better than even odds): Lord Denning. Does not mean a
mathematical or mechanical comparison of general probabilities
QUESTION 7 OF 453
Beyond reasonable doubt
Correct Answer: Criminal standard of proof.
· does not mean "proof beyond a shadow of a doubt" or "certainty", but means the evidence "is so strong
against a man as to leave only a remote possibility in his favour": Lord Denning.
· However, the defence's legal burden is to be proved on a balance of probabilities: s 141(2), EAC - QLD?
QUESTION 8 OF 453
Who bears the burden of proof?*
Correct Answer: Evidential burden: The party who has the burden of proof must provide evidence to
support their case. If neither party presents evidence, the case is decided in favor of the defendant.
General rule: The party who bears the legal burden of proof also bears the evidential burden. In criminal
cases, the prosecution bears the legal burden of disproving defenses, but the defense must provide enough
evidence to raise the issue. In civil cases, the proponent of an issue bears the burden of proof but need not
anticipate every defense.
Legal burden: The burden of proof is generally on the party who initiates the case (plaintiff in civil cases,
defendant in criminal cases). The burden may lie with the plaintiff if the fact is essential to the cause of
action, or with the defendant if it is simply a denial of an essential element. The burden may also include
proving a negative.
QUESTION 9 OF 453
Beyond Reasonable Doubt
Correct Answer: The criminal standard of proof. Not to the degree of beyond a shadow of a doubt. Should
be careful to give the phrase a definition beyond the ordinary meaning of the words.
QUESTION 10 OF 453
CEA Standards of proof
Correct Answer: CEA s140 - civil standard of proof is balance of probabilities.
CEA s141 - criminal standard of proof is beyond reasonable doubt for the crown and balance of probabilities
for the defence.
Queensland Bar Exam Evidence Questions & Answers 2026/2027 | Updated Evidence Examination Questions - Practice Questions Page 0
