Queensland Bar Exam – Evidence
Questions And Answers
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
What are the distinction between s 135 and s137 exclusionary discretions in the
EAC? - ANSWER -137 creates a greater bar for prosecution, because it requires
only that probative value be 'outweighed' as opposed to 'substantially outweighed'.
137 is also mandatory while 135 is discretionary
What is a leading question? - ANSWER -One that suggests ANSWER desired or
assumes existence of disputed facts
When is a leading question allowed? - ANSWER -Not allowed in EiC or RXN
(EAC 37)
- with exceptions 37(1), unfavourable (38)
Allowed in XXN (42) (suggestions, not assumption of disputed fact)
- with exceptions, 42(2) collusion factors
When can previous consistent statements be used/not be used? (EAC 102)* -
ANSWER -Inadmissible where only relevant to credibility (EAC 102)
Exceptions:
- XXN 103
- Rebut denials 106
- reestablishing credibility (suggestion of fabrication) 108
- Specialised knowledge 108C
--> if an exception applies, can prove truth of contents (60)
What are the rules on credibility evidence? EAC 102 - ANSWER -Generally not
acceptable, unless XXN substantially affect, rebutting denails, restablishing
credibility, specialised knowledge
--> if an exception applies, can prove truth of contents (60)
Questions And Answers
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
What are the distinction between s 135 and s137 exclusionary discretions in the
EAC? - ANSWER -137 creates a greater bar for prosecution, because it requires
only that probative value be 'outweighed' as opposed to 'substantially outweighed'.
137 is also mandatory while 135 is discretionary
What is a leading question? - ANSWER -One that suggests ANSWER desired or
assumes existence of disputed facts
When is a leading question allowed? - ANSWER -Not allowed in EiC or RXN
(EAC 37)
- with exceptions 37(1), unfavourable (38)
Allowed in XXN (42) (suggestions, not assumption of disputed fact)
- with exceptions, 42(2) collusion factors
When can previous consistent statements be used/not be used? (EAC 102)* -
ANSWER -Inadmissible where only relevant to credibility (EAC 102)
Exceptions:
- XXN 103
- Rebut denials 106
- reestablishing credibility (suggestion of fabrication) 108
- Specialised knowledge 108C
--> if an exception applies, can prove truth of contents (60)
What are the rules on credibility evidence? EAC 102 - ANSWER -Generally not
acceptable, unless XXN substantially affect, rebutting denails, restablishing
credibility, specialised knowledge
--> if an exception applies, can prove truth of contents (60)
