QUEENSLAND BAR EXAM - EVIDENCE BASED EXAM
QUESTIONS COMPLETE WITH 100% VERIFIED ANSWERS
TABLE OF CONTENTS
Section Domain Approx. Questions Page Reference
1 Relevance 15 Q1-Q15
2 Hearsay 15 Q16-Q30
3 Opinion Evidence 15 Q31-Q45
4 Admissions 15 Q46-Q60
5 Tendency and Coincidence 15 Q61-Q75
6 Credibility 15 Q76-Q90
7 Character 15 Q91-Q105
8 Identification 15 Q106-Q120
9 Privileges 15 Q121-Q135
10 Discretionary Exclusions 15 Q136-Q150
11 Burdens and Standards of Proof 15 Q151-Q165
12 Examination of Witnesses 15 Q166-Q180
13 Judicial Discretions 15 Q181-Q195
14 General Evidence Principles 5 Q196-Q200
,SECTION 1: RELEVANCE
Question 1
Which of the following best describes the test for relevance under the
Evidence Act 1977 (Qld)?
A. Evidence is relevant if it is directly related to a fact in issue.
B. Evidence is relevant if it could rationally affect the assessment of the
probability of the existence of a fact in issue.
C. Evidence is relevant if it is admissible and probative.
D. Evidence is relevant if it relates to the credibility of a witness.
Correct Answer: B
Rationale: Section 55 of the Evidence Act 1977 (Qld) states that
evidence is relevant if it could rationally affect, directly or indirectly, the
assessment of the probability of the existence of a fact in issue in the
proceeding.
Question 2
If evidence is relevant, what is the general rule regarding its
admissibility?
A. It is automatically admissible unless a specific exclusionary rule
applies.
B. It is admissible only if the judge exercises discretion in its favour.
C. It is admissible only if it is direct evidence.
D. It is inadmissible if it is circumstantial.
Correct Answer: A
Rationale: Relevance is the primary threshold for admissibility. If
evidence is relevant, it is admissible unless excluded by a specific rule of
law or judicial discretion.
,Question 3
What does the concept of "provisional relevance" under section 57 of
the Evidence Act 1977 (Qld) allow?
A. The court to admit evidence subject to further proof of a fact.
B. The court to admit evidence that is only relevant to credibility.
C. The court to exclude evidence that is marginally relevant.
D. The court to determine relevance based solely on the evidence itself.
Correct Answer: A
Rationale: Section 57 allows the court to admit evidence provisionally if
it is reasonably open to find that the evidence is relevant, pending
further evidence being adduced.
Question 4
In determining relevance, the court must assume that the evidence is
what it purports to be.
A. True, unless there is evidence to the contrary.
B. False, the court must first determine the authenticity of the evidence.
C. True, but only in civil proceedings.
D. False, the court must weigh the evidence before determining
relevance.
Correct Answer: A
Rationale: Under section 58 of the Evidence Act 1977 (Qld), if the
relevance of evidence depends on a particular fact, the court must
assume the existence of that fact unless the party disputing it adduces
evidence to the contrary.
Question 5
Which of the following is NOT a fact in issue in a criminal proceeding?
A. The identity of the accused.
B. The credibility of a witness.
, C. The actus reus of the offence.
D. The mens rea of the offence.
Correct Answer: B
Rationale: Credibility is generally considered a collateral matter, not a
fact in issue, though it can become relevant if it affects the assessment
of other evidence.
Question 6
Evidence of a prior conviction is generally considered relevant to
which of the following?
A. The accused's propensity to commit the crime.
B. The accused's credibility as a witness.
C. The accused's financial status.
D. The accused's family background.
Correct Answer: B
Rationale: Prior convictions can be relevant to credibility under section
103 of the Evidence Act 1977 (Qld) if the accused testifies, though they
may also be relevant to propensity in specific circumstances.
Question 7
What is the threshold for determining whether evidence is relevant?
A. Beyond a reasonable doubt.
B. Balance of probabilities.
C. The evidence must be sufficient to prove the fact in issue.
D. The evidence must have a logical connection to a fact in issue.
Correct Answer: D
Rationale: The test for relevance is logical, not a standard of proof. It
requires a rational connection to a fact in issue.
QUESTIONS COMPLETE WITH 100% VERIFIED ANSWERS
TABLE OF CONTENTS
Section Domain Approx. Questions Page Reference
1 Relevance 15 Q1-Q15
2 Hearsay 15 Q16-Q30
3 Opinion Evidence 15 Q31-Q45
4 Admissions 15 Q46-Q60
5 Tendency and Coincidence 15 Q61-Q75
6 Credibility 15 Q76-Q90
7 Character 15 Q91-Q105
8 Identification 15 Q106-Q120
9 Privileges 15 Q121-Q135
10 Discretionary Exclusions 15 Q136-Q150
11 Burdens and Standards of Proof 15 Q151-Q165
12 Examination of Witnesses 15 Q166-Q180
13 Judicial Discretions 15 Q181-Q195
14 General Evidence Principles 5 Q196-Q200
,SECTION 1: RELEVANCE
Question 1
Which of the following best describes the test for relevance under the
Evidence Act 1977 (Qld)?
A. Evidence is relevant if it is directly related to a fact in issue.
B. Evidence is relevant if it could rationally affect the assessment of the
probability of the existence of a fact in issue.
C. Evidence is relevant if it is admissible and probative.
D. Evidence is relevant if it relates to the credibility of a witness.
Correct Answer: B
Rationale: Section 55 of the Evidence Act 1977 (Qld) states that
evidence is relevant if it could rationally affect, directly or indirectly, the
assessment of the probability of the existence of a fact in issue in the
proceeding.
Question 2
If evidence is relevant, what is the general rule regarding its
admissibility?
A. It is automatically admissible unless a specific exclusionary rule
applies.
B. It is admissible only if the judge exercises discretion in its favour.
C. It is admissible only if it is direct evidence.
D. It is inadmissible if it is circumstantial.
Correct Answer: A
Rationale: Relevance is the primary threshold for admissibility. If
evidence is relevant, it is admissible unless excluded by a specific rule of
law or judicial discretion.
,Question 3
What does the concept of "provisional relevance" under section 57 of
the Evidence Act 1977 (Qld) allow?
A. The court to admit evidence subject to further proof of a fact.
B. The court to admit evidence that is only relevant to credibility.
C. The court to exclude evidence that is marginally relevant.
D. The court to determine relevance based solely on the evidence itself.
Correct Answer: A
Rationale: Section 57 allows the court to admit evidence provisionally if
it is reasonably open to find that the evidence is relevant, pending
further evidence being adduced.
Question 4
In determining relevance, the court must assume that the evidence is
what it purports to be.
A. True, unless there is evidence to the contrary.
B. False, the court must first determine the authenticity of the evidence.
C. True, but only in civil proceedings.
D. False, the court must weigh the evidence before determining
relevance.
Correct Answer: A
Rationale: Under section 58 of the Evidence Act 1977 (Qld), if the
relevance of evidence depends on a particular fact, the court must
assume the existence of that fact unless the party disputing it adduces
evidence to the contrary.
Question 5
Which of the following is NOT a fact in issue in a criminal proceeding?
A. The identity of the accused.
B. The credibility of a witness.
, C. The actus reus of the offence.
D. The mens rea of the offence.
Correct Answer: B
Rationale: Credibility is generally considered a collateral matter, not a
fact in issue, though it can become relevant if it affects the assessment
of other evidence.
Question 6
Evidence of a prior conviction is generally considered relevant to
which of the following?
A. The accused's propensity to commit the crime.
B. The accused's credibility as a witness.
C. The accused's financial status.
D. The accused's family background.
Correct Answer: B
Rationale: Prior convictions can be relevant to credibility under section
103 of the Evidence Act 1977 (Qld) if the accused testifies, though they
may also be relevant to propensity in specific circumstances.
Question 7
What is the threshold for determining whether evidence is relevant?
A. Beyond a reasonable doubt.
B. Balance of probabilities.
C. The evidence must be sufficient to prove the fact in issue.
D. The evidence must have a logical connection to a fact in issue.
Correct Answer: D
Rationale: The test for relevance is logical, not a standard of proof. It
requires a rational connection to a fact in issue.
