QUEENSLAND BAR EXAM QUESTIONS AND
CORRECT DETAILED ANSWERS LATEST
UPDATE
Question 1
What section concerns hearsay rule in interlocutory proceedings?
Correct Answer
EAC 75
Question 2
What EAC section are hearsay exceptions?
Correct Answer
EAC 60-75
Question 3
What is the documentary hearsay exception (Q)?
Correct Answer
1. Where direct oral evidence would be admissible and writer of statement has
personal knowledge of matters within OR
2. Document a record of undertaking and made in course of undertaking supplied
by persons with personal knowlwedge
EAQ 92 - 'undertaking'
Question 4
What is the structure of EAQ Part 6 - Admissibility of statements and representations?
Correct Answer
94, 96-102 apply to 92, 93
Page 1 of 745
,Question 5
What constitutes a promise invalidating voluntariness?
Correct Answer
Beneficial result, not mere moral exhortation
Presumed in qld
Question 6
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
Question 7
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)
Question 8
Are admissions in representative capacity (ie being sued as administrator) binding?
Correct Answer
No
Agent admissions are binding - distinguish.
Question 9
What EAC section is general discretion to exclude?
Correct Answer
EAC 135 - prejudicial >> probative
Page 2 of 745
,Question 10
What section is exclusionary discretion in EAQ?
Correct Answer
130
Question 11
In what circumstance does silence constitute admission/confession?
Correct Answer
Where parties on even terms, and rebuff expected
EAC 89 - not for confession
Question 12
Are implied assertions covered by hearsay rule?
Correct Answer
Yes if reasonably suppose the person intended to assert EAC 59
Question 13
When can hearsay evidence be admitted where the maker is available in civil trials?
Correct Answer
EAC 64 Undue expense or delay - no need to call
If called, preception
Question 14
When can hearsay evidence be admitted where the maker is NOT available in criminal
trials?
Correct Answer
EAC 65 Duty, reliable, against interest, opportunity to XXN
Page 3 of 745
, Question 15
What are the exceptions to browne v dunn rule?
Correct Answer
Notice in other ways only acceptable where issue is faily clear and obvious.
Question 16
What are the two rules of voluntariness for criminal confessions to be valid?
Correct Answer
No threat or inducement + basal voluntariness
Question 17
Is machine generated information considered hearsay?
Correct Answer
Not under strict EAC 59 - 'by a person'
EAQ 95 for qld courts
Question 18
What section of EAQ is business records exception to hearsay?
Correct Answer
83 - received as prima facie evidence subject to provisions listed in division
Question 19
How must an admission be presented?
Correct Answer
In full, including any exculpatory element.
Page 4 of 745
CORRECT DETAILED ANSWERS LATEST
UPDATE
Question 1
What section concerns hearsay rule in interlocutory proceedings?
Correct Answer
EAC 75
Question 2
What EAC section are hearsay exceptions?
Correct Answer
EAC 60-75
Question 3
What is the documentary hearsay exception (Q)?
Correct Answer
1. Where direct oral evidence would be admissible and writer of statement has
personal knowledge of matters within OR
2. Document a record of undertaking and made in course of undertaking supplied
by persons with personal knowlwedge
EAQ 92 - 'undertaking'
Question 4
What is the structure of EAQ Part 6 - Admissibility of statements and representations?
Correct Answer
94, 96-102 apply to 92, 93
Page 1 of 745
,Question 5
What constitutes a promise invalidating voluntariness?
Correct Answer
Beneficial result, not mere moral exhortation
Presumed in qld
Question 6
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
Question 7
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)
Question 8
Are admissions in representative capacity (ie being sued as administrator) binding?
Correct Answer
No
Agent admissions are binding - distinguish.
Question 9
What EAC section is general discretion to exclude?
Correct Answer
EAC 135 - prejudicial >> probative
Page 2 of 745
,Question 10
What section is exclusionary discretion in EAQ?
Correct Answer
130
Question 11
In what circumstance does silence constitute admission/confession?
Correct Answer
Where parties on even terms, and rebuff expected
EAC 89 - not for confession
Question 12
Are implied assertions covered by hearsay rule?
Correct Answer
Yes if reasonably suppose the person intended to assert EAC 59
Question 13
When can hearsay evidence be admitted where the maker is available in civil trials?
Correct Answer
EAC 64 Undue expense or delay - no need to call
If called, preception
Question 14
When can hearsay evidence be admitted where the maker is NOT available in criminal
trials?
Correct Answer
EAC 65 Duty, reliable, against interest, opportunity to XXN
Page 3 of 745
, Question 15
What are the exceptions to browne v dunn rule?
Correct Answer
Notice in other ways only acceptable where issue is faily clear and obvious.
Question 16
What are the two rules of voluntariness for criminal confessions to be valid?
Correct Answer
No threat or inducement + basal voluntariness
Question 17
Is machine generated information considered hearsay?
Correct Answer
Not under strict EAC 59 - 'by a person'
EAQ 95 for qld courts
Question 18
What section of EAQ is business records exception to hearsay?
Correct Answer
83 - received as prima facie evidence subject to provisions listed in division
Question 19
How must an admission be presented?
Correct Answer
In full, including any exculpatory element.
Page 4 of 745
