Queensland Bar Comprehensive Questions
And Answers Latest upload 2024/2025 with 100% verified
Solutions
What is the browne v dunn rule? Criminal and civil - ANSWER-Where intention to adduce evidence
contradicting witness, must put contradiction to witness in XXN and provide opportunity to comment
What are the exceptions to browne v dunn rule? - ANSWER-Notice in other ways only acceptable where
issue is faily clear and obvious.
What matters can be brought up in RXN? - ANSWER-Matters confined to XXN
What EAC/EAQ sections governs disallowable questions in XXN? - ANSWER-EAC 41 Improper questions
EAQ 20/21 Discretion to disallow
How should XXNer ask questions? - ANSWER-Single questions, not compound questions.
What are the consequences of failing to observe the browne v dunn rule? - ANSWER-1. Taken to accept
and cannot challenge W statement
2. Alternatively, goes to weight of evidence
3. Cannot reject W evidence
What witnesses can be questioned? - ANSWER-EAC 27: A party may question any witness
How can XXN widen admissibility? - ANSWER-XXN on portions of a document not used to refresh
memory may let the whole document in
What is the relationship between weight and admissibility? - ANSWER-Distinguish relevance with weight
(matter of law vs fact)
, Judge vs jury responsibility
What is the Taylor's test for evidential burden? - ANSWER-The party that fails when no evidence is given
on either side bears the evidential burden.
The party that failes when allegation is striked out of record bears the evidential burden.
Where do the burdens of proof lie in criminal defences? - ANSWER-P bears legal burden of disproof, D
bears evidential burden of raising defence
EB threshold: Evidence taken at highest would lead to doubt that defence has been negatived?
Who bears the legal burden of proof? - ANSWER-Normally on the moving party
What are the degrees of proof? - ANSWER-There are two distinct standards of proof recognised by the
law. However, the degree of proof within each standard is to be commensurate with the occassion.
What is the standard of proof for circumstantial evidence in criminal proceedings? - ANSWER-Beyond
reasonable doubt standard applies to evidence taken together, not individually. Unless links in a chain
critical fact.
What is the standard of proof where accused bears legal burden? - ANSWER-Balance of probabilities
What does it mean for evidence to be 'prejudicial'? - ANSWER-Jury likely to give more weight than it
deserves. Risk that evidence assessed by irrational process.
What section is exclusionary discretion in EAQ? - ANSWER-130
Who does EAC 137 exclusionary discreiton apply to? - ANSWER-Only the prosecution
And Answers Latest upload 2024/2025 with 100% verified
Solutions
What is the browne v dunn rule? Criminal and civil - ANSWER-Where intention to adduce evidence
contradicting witness, must put contradiction to witness in XXN and provide opportunity to comment
What are the exceptions to browne v dunn rule? - ANSWER-Notice in other ways only acceptable where
issue is faily clear and obvious.
What matters can be brought up in RXN? - ANSWER-Matters confined to XXN
What EAC/EAQ sections governs disallowable questions in XXN? - ANSWER-EAC 41 Improper questions
EAQ 20/21 Discretion to disallow
How should XXNer ask questions? - ANSWER-Single questions, not compound questions.
What are the consequences of failing to observe the browne v dunn rule? - ANSWER-1. Taken to accept
and cannot challenge W statement
2. Alternatively, goes to weight of evidence
3. Cannot reject W evidence
What witnesses can be questioned? - ANSWER-EAC 27: A party may question any witness
How can XXN widen admissibility? - ANSWER-XXN on portions of a document not used to refresh
memory may let the whole document in
What is the relationship between weight and admissibility? - ANSWER-Distinguish relevance with weight
(matter of law vs fact)
, Judge vs jury responsibility
What is the Taylor's test for evidential burden? - ANSWER-The party that fails when no evidence is given
on either side bears the evidential burden.
The party that failes when allegation is striked out of record bears the evidential burden.
Where do the burdens of proof lie in criminal defences? - ANSWER-P bears legal burden of disproof, D
bears evidential burden of raising defence
EB threshold: Evidence taken at highest would lead to doubt that defence has been negatived?
Who bears the legal burden of proof? - ANSWER-Normally on the moving party
What are the degrees of proof? - ANSWER-There are two distinct standards of proof recognised by the
law. However, the degree of proof within each standard is to be commensurate with the occassion.
What is the standard of proof for circumstantial evidence in criminal proceedings? - ANSWER-Beyond
reasonable doubt standard applies to evidence taken together, not individually. Unless links in a chain
critical fact.
What is the standard of proof where accused bears legal burden? - ANSWER-Balance of probabilities
What does it mean for evidence to be 'prejudicial'? - ANSWER-Jury likely to give more weight than it
deserves. Risk that evidence assessed by irrational process.
What section is exclusionary discretion in EAQ? - ANSWER-130
Who does EAC 137 exclusionary discreiton apply to? - ANSWER-Only the prosecution
