Queensland Bar Exam – Evidence Questions with
Correct Answers
What is the hearsay rule? Correct Answer-Evidence of a previous
representation made by a person is not admissible to prove the truth of
the facts asserted (s59 EAC)
What are the exceptions to Hearsay? Correct Answer-Original evidence
- prove matter distinct from words, or to prove terms
What is the business records exception to Hearsay? Correct Answer-
EAC 69 Hearsay rule does not apply to documents where representation
made by person with personal knowledge of asserted fact
What EAC section is hearsay? Correct Answer-EAC 59 - Definition
What EAC section are hearsay exceptions? Correct Answer-EAC 60-75
What EAC section is relevance? Correct Answer-EAC 55-56
What EAC section is opinion? Correct Answer-EAC 76
What EAC section is admission? Correct Answer-EAC 81
What EAC section is general discretion to exclude? Correct Answer-
EAC 135 - prejudicial >> probative
,What EAC section is exclusion of prejudicial evidence in criminal
proceedings? Correct Answer-EAC 137 - derived from CL christie
direction
What EAC section is discretion to exclude for illegality? Correct
Answer-EAC 138
What EAC section is relevance? Correct Answer-EAC 55
What EAC sections govern tendency and coincidence evidence? Correct
Answer-EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative form?
Correct Answer-EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
What is the Briginshaw standard? Correct Answer-the strength of
evidence necessary to establish facts on the balance of probabilities, may
depend on the nature of what is sought to be proven.'
More serious, more stringent
, EAC 140(2)
What is legal burden of proof? Correct Answer-Requirement of a rule of
law that a fact in issue be proved to either preponderance of evidence or
beyond reasonable doubt
What is evidential burden of proof? Correct Answer-Requirement to
show sufficient evidence to raise an issue as to existence or non
existence of a fact in issue.
Minimum threshold for raising an issue at trial
Who determines decides on whether the legal and evidentiary burdens
have been met? Correct Answer-Trier of fact decides legal burden, judge
decides evidentiary burden.
What is a Fact in Issue? Correct Answer-All facts which P must prove to
succeed at trial and which D must prove to establish defence.
What is circumstantial evidence? Correct Answer-Facts the existence of
which may infer the existence of a Fact in Issue
What is the Jones v Dunkel rule? Correct Answer-Unexplained failure to
call evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
Correct Answers
What is the hearsay rule? Correct Answer-Evidence of a previous
representation made by a person is not admissible to prove the truth of
the facts asserted (s59 EAC)
What are the exceptions to Hearsay? Correct Answer-Original evidence
- prove matter distinct from words, or to prove terms
What is the business records exception to Hearsay? Correct Answer-
EAC 69 Hearsay rule does not apply to documents where representation
made by person with personal knowledge of asserted fact
What EAC section is hearsay? Correct Answer-EAC 59 - Definition
What EAC section are hearsay exceptions? Correct Answer-EAC 60-75
What EAC section is relevance? Correct Answer-EAC 55-56
What EAC section is opinion? Correct Answer-EAC 76
What EAC section is admission? Correct Answer-EAC 81
What EAC section is general discretion to exclude? Correct Answer-
EAC 135 - prejudicial >> probative
,What EAC section is exclusion of prejudicial evidence in criminal
proceedings? Correct Answer-EAC 137 - derived from CL christie
direction
What EAC section is discretion to exclude for illegality? Correct
Answer-EAC 138
What EAC section is relevance? Correct Answer-EAC 55
What EAC sections govern tendency and coincidence evidence? Correct
Answer-EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative form?
Correct Answer-EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
What is the Briginshaw standard? Correct Answer-the strength of
evidence necessary to establish facts on the balance of probabilities, may
depend on the nature of what is sought to be proven.'
More serious, more stringent
, EAC 140(2)
What is legal burden of proof? Correct Answer-Requirement of a rule of
law that a fact in issue be proved to either preponderance of evidence or
beyond reasonable doubt
What is evidential burden of proof? Correct Answer-Requirement to
show sufficient evidence to raise an issue as to existence or non
existence of a fact in issue.
Minimum threshold for raising an issue at trial
Who determines decides on whether the legal and evidentiary burdens
have been met? Correct Answer-Trier of fact decides legal burden, judge
decides evidentiary burden.
What is a Fact in Issue? Correct Answer-All facts which P must prove to
succeed at trial and which D must prove to establish defence.
What is circumstantial evidence? Correct Answer-Facts the existence of
which may infer the existence of a Fact in Issue
What is the Jones v Dunkel rule? Correct Answer-Unexplained failure to
call evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
