Queensland Bar Exam - Evidence EXAM
ACTUAL EXAM QUESTIONS AND CORRECT
DETAILED ANSWERS LATEST UPDATE THIS
YEAR.pdf
Queensland Bar Exam — Evidence Practice Questions
Section 1: Fundamental Concepts
1. What is 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. Evidence is admissible material; proof is the logical conclusion drawn
from it
Rationale: Evidence refers to the material admitted to court, whereas proof is the
logical inference that the fact-finder makes from that evidence .
2. What is the threshold for relevance under Queensland evidence law?
A) Relatively high — evidence must definitively prove the fact in issue
B) Relatively low — anything which COULD affect assessment of a fact in issue
C) Evidence is relevant only if it is direct, not circumstantial
D) Relevance is determined solely by the judge's discretion
,Answer: B. Relatively low — anything which COULD affect assessment of a fact
in issue
Rationale: The threshold for relevance is relatively low. Evidence is relevant if it
could affect the assessment of a fact in issue. The possibility of fabrication goes to
weight, not admissibility .
3. 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. Evidence Act 1977 (Qld)
Rationale: The Evidence Act 1977 (Qld) is the main statutory source governing
evidence in Queensland courts. The Uniform Evidence Law applies to federal
courts and territories, not Queensland courts .
4. What is the relationship between substantive law and admissibility of
evidence?
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. Substantive law defines the elements of the offence, while
admissibility rules determine what evidence may be considered to prove those
elements
, Rationale: Substantive law sets out the legal duties and rights; admissibility rules
control what evidence can be used to establish those duties and rights .
5. What is a "fact in issue"?
A) Any fact mentioned in court proceedings
B) All facts which the prosecution must prove to succeed at trial and which the
defendant must prove to establish a defence
C) Only facts that are disputed by the parties
D) Facts that are judicially noticed
Answer: B. All facts which the prosecution must prove to succeed at trial and
which the defendant must prove to establish a defence
Rationale: A fact in issue refers to all facts which the prosecution must prove to
succeed at trial and which the defendant must prove to establish a defence .
Section 2: Burden and Standard of Proof
6. What is the legal burden of proof?
A) The requirement to show sufficient evidence to raise an issue
B) The requirement of a rule of law that a fact in issue be proved to either
preponderance of evidence or beyond reasonable doubt
C) The burden of bringing evidence to court
D) The burden of cross-examining witnesses
Answer: B. The requirement of a rule of law that a fact in issue be proved to
either preponderance of evidence or beyond reasonable doubt
Rationale: Legal burden is the requirement of a rule of law that a fact in issue be
proved to either preponderance of evidence (civil) or beyond reasonable doubt
(criminal) .
ACTUAL EXAM QUESTIONS AND CORRECT
DETAILED ANSWERS LATEST UPDATE THIS
YEAR.pdf
Queensland Bar Exam — Evidence Practice Questions
Section 1: Fundamental Concepts
1. What is 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. Evidence is admissible material; proof is the logical conclusion drawn
from it
Rationale: Evidence refers to the material admitted to court, whereas proof is the
logical inference that the fact-finder makes from that evidence .
2. What is the threshold for relevance under Queensland evidence law?
A) Relatively high — evidence must definitively prove the fact in issue
B) Relatively low — anything which COULD affect assessment of a fact in issue
C) Evidence is relevant only if it is direct, not circumstantial
D) Relevance is determined solely by the judge's discretion
,Answer: B. Relatively low — anything which COULD affect assessment of a fact
in issue
Rationale: The threshold for relevance is relatively low. Evidence is relevant if it
could affect the assessment of a fact in issue. The possibility of fabrication goes to
weight, not admissibility .
3. 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. Evidence Act 1977 (Qld)
Rationale: The Evidence Act 1977 (Qld) is the main statutory source governing
evidence in Queensland courts. The Uniform Evidence Law applies to federal
courts and territories, not Queensland courts .
4. What is the relationship between substantive law and admissibility of
evidence?
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. Substantive law defines the elements of the offence, while
admissibility rules determine what evidence may be considered to prove those
elements
, Rationale: Substantive law sets out the legal duties and rights; admissibility rules
control what evidence can be used to establish those duties and rights .
5. What is a "fact in issue"?
A) Any fact mentioned in court proceedings
B) All facts which the prosecution must prove to succeed at trial and which the
defendant must prove to establish a defence
C) Only facts that are disputed by the parties
D) Facts that are judicially noticed
Answer: B. All facts which the prosecution must prove to succeed at trial and
which the defendant must prove to establish a defence
Rationale: A fact in issue refers to all facts which the prosecution must prove to
succeed at trial and which the defendant must prove to establish a defence .
Section 2: Burden and Standard of Proof
6. What is the legal burden of proof?
A) The requirement to show sufficient evidence to raise an issue
B) The requirement of a rule of law that a fact in issue be proved to either
preponderance of evidence or beyond reasonable doubt
C) The burden of bringing evidence to court
D) The burden of cross-examining witnesses
Answer: B. The requirement of a rule of law that a fact in issue be proved to
either preponderance of evidence or beyond reasonable doubt
Rationale: Legal burden is the requirement of a rule of law that a fact in issue be
proved to either preponderance of evidence (civil) or beyond reasonable doubt
(criminal) .
