Queensland Bar Exam –
Evidence(verified answers)
What is the hearsay rule? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔Original evidence - prove
matter distinct from words, or to prove terms
What is the business records exception to Hearsay? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔EAC 59 - Definition
What EAC section are hearsay exceptions? - ** VERIFIED ANSWERS **✔✔EAC 60-75
What EAC section is relevance? - ** VERIFIED ANSWERS **✔✔EAC 55-56
What EAC section is opinion? - ** VERIFIED ANSWERS **✔✔EAC 76
What EAC section is admission? - ** VERIFIED ANSWERS **✔✔EAC 81
What EAC section is general discretion to exclude? - ** VERIFIED ANSWERS **✔✔EAC 135 -
prejudicial >> probative
What EAC section is exclusion of prejudicial evidence in criminal proceedings? - ** VERIFIED
ANSWERS **✔✔EAC 137 - derived from CL christie direction
,What EAC section is discretion to exclude for illegality? - ** VERIFIED ANSWERS **✔✔EAC 138
What EAC section is relevance? - ** VERIFIED ANSWERS **✔✔EAC 55
What EAC sections govern tendency and coincidence evidence? - ** VERIFIED ANSWERS
**✔✔EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative form? - ** VERIFIED ANSWERS
**✔✔EAC 29
Narrative form if so directed by the court may replace standard Q&A system
What is the Briginshaw standard? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔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? - **
VERIFIED ANSWERS **✔✔Trier of fact decides legal burden, judge decides evidentiary burden.
What is a Fact in Issue? - ** VERIFIED ANSWERS **✔✔All facts which P must prove to succeed at
trial and which D must prove to establish defence.
What is circumstantial evidence? - ** VERIFIED ANSWERS **✔✔Facts the existence of which may
infer the existence of a Fact in Issue
What is the Jones v Dunkel rule? - ** VERIFIED ANSWERS **✔✔Unexplained failure to call
evidence / witness / document may lead to inference that the missing material would not have
assisted that party's case.
Applies to civil and criminal (P only)
Only applies where a party is required to explain (natural for party to call)
How to rebut Jones v Dunkel implication? - ** VERIFIED ANSWERS **✔✔Must provide
reasonable explanation based on evidence, not merely presumed
What is the best evidence rule? - ** VERIFIED ANSWERS **✔✔contents of a tendered document
in court can only be proved by tendering the original of that document.
Abolished by EAC 51
What is the threshold for relevance? - ** VERIFIED ANSWERS **✔✔Relatively low, anything
which COULD affect assessment of FII
Not dismissed by possibility of fabrication -- that goes to weight.
Evidence(verified answers)
What is the hearsay rule? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔Original evidence - prove
matter distinct from words, or to prove terms
What is the business records exception to Hearsay? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔EAC 59 - Definition
What EAC section are hearsay exceptions? - ** VERIFIED ANSWERS **✔✔EAC 60-75
What EAC section is relevance? - ** VERIFIED ANSWERS **✔✔EAC 55-56
What EAC section is opinion? - ** VERIFIED ANSWERS **✔✔EAC 76
What EAC section is admission? - ** VERIFIED ANSWERS **✔✔EAC 81
What EAC section is general discretion to exclude? - ** VERIFIED ANSWERS **✔✔EAC 135 -
prejudicial >> probative
What EAC section is exclusion of prejudicial evidence in criminal proceedings? - ** VERIFIED
ANSWERS **✔✔EAC 137 - derived from CL christie direction
,What EAC section is discretion to exclude for illegality? - ** VERIFIED ANSWERS **✔✔EAC 138
What EAC section is relevance? - ** VERIFIED ANSWERS **✔✔EAC 55
What EAC sections govern tendency and coincidence evidence? - ** VERIFIED ANSWERS
**✔✔EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative form? - ** VERIFIED ANSWERS
**✔✔EAC 29
Narrative form if so directed by the court may replace standard Q&A system
What is the Briginshaw standard? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔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? - **
VERIFIED ANSWERS **✔✔Trier of fact decides legal burden, judge decides evidentiary burden.
What is a Fact in Issue? - ** VERIFIED ANSWERS **✔✔All facts which P must prove to succeed at
trial and which D must prove to establish defence.
What is circumstantial evidence? - ** VERIFIED ANSWERS **✔✔Facts the existence of which may
infer the existence of a Fact in Issue
What is the Jones v Dunkel rule? - ** VERIFIED ANSWERS **✔✔Unexplained failure to call
evidence / witness / document may lead to inference that the missing material would not have
assisted that party's case.
Applies to civil and criminal (P only)
Only applies where a party is required to explain (natural for party to call)
How to rebut Jones v Dunkel implication? - ** VERIFIED ANSWERS **✔✔Must provide
reasonable explanation based on evidence, not merely presumed
What is the best evidence rule? - ** VERIFIED ANSWERS **✔✔contents of a tendered document
in court can only be proved by tendering the original of that document.
Abolished by EAC 51
What is the threshold for relevance? - ** VERIFIED ANSWERS **✔✔Relatively low, anything
which COULD affect assessment of FII
Not dismissed by possibility of fabrication -- that goes to weight.
