QLD BAR CERTIFICATION SCRIPT 2026
QUESTIONS WITH SOLUTIONS GRADED A+
◍ What EAC sections govern tendency and coincidence evidence?.
Answer: EAC 97-98replaced Pfennig/Hoch at CL
◍ What section concerns hearsay rule in interlocutory proceedings?.
Answer: EAC 75
◍ What is the relationship between weight and admissibility?.
Answer: Distinguish relevance with weight (matter of law vs fact)Judge vs
jury responsibility
◍ Character evidence in civil cases.
Answer: Character evidence is generally inadmissible but admissible if
character is an essential element of a claim or defense
◍ What is the distinction between documentary admission and computer
records admission EAQ 92 v 95?.
Answer: EAQ 95 requirements is less onerou than EAQ 92
◍ Amendments package.
Answer: FCR 8.21, 16.53FCAA 37M in light of Aon Risk Case
◍ General rule of admissibility.
Answer: Allr relevant evidence is admissible, subject to exclusionary rules -
hearsay, opinion being the main ones
◍ 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 a Fact in Issue?.
Answer: All facts which P must prove to succeed at trial and which D must
, prove to establish defence.
◍ What section of the EAQ is statements by children exception to the hearsay
rule?.
Answer: EAQ 94
◍ What is circumstantial evidence?.
Answer: Facts the existence of which may infer the existence of a Fact in
Issue
◍ What is evidential burden of proof?.
Answer: 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
◍ In the EAC, how can it be determined whether a person intended to assert?.
Answer: EAC 59(2A) Have regard to the circcumstances in which the
representation was made
◍ Involuntary Manslaughter.
Answer: An unintentional homicide committed with criminal negligence or
during an unlawful act
◍ What EAC section is hearsay?.
Answer: EAC 59 - Definition
◍ Equal Protection Suspect Class.
Answer: Race, alienage, national origin
◍ Equitable Conversion.
Answer: equitable title to real property passes to the buyer upon entering the
contract, even though the seller retains legal title.
◍ What is the rule for previous inconsistent statements under in the EAQ?.
Answer: 18Q - Where no admission during XXN + circumstances
mentioned19Q - Statements in writing101Q - can be used to rebut charge of
recent fabrication
◍ Which section governs proof of contents of Document?.
, Answer: EAC 48
◍ Equal Protection Quasi Suspect Class.
Answer: Gender, illegitimate children
◍ Co-Conspirator Liability.
Answer: Each conspirator is liable for co-conspirators' crimes that are
foreseeable and committed in furtherance of the conspiracy
◍ What is the finality rule to collateral questions?.
Answer: In order to avoid multiplicity of issues, answers to questions put to
W in XXN concerning collateral issues must be treated as finalEg credibility
questions 102
◍ MIMIC.
Answer: Motive Intent Mistake Identify Common Plan
◍ 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.
◍ How does unfavourable witness in EAC 38 differ to common law?.
Answer: Does not depend on demonstration of hostilityXXN on credit
permissible
◍ Who does EAC 137 exclusionary discreiton apply to?.
Answer: Only the prosecution
◍ Where do the burdens of proof lie in criminal defences?.
Answer: P bears legal burden of disproof, D bears evidential burden of
raising defenceEB threshold: Evidence taken at highest would lead to doubt
that defence has been negatived?
◍ What section is exclusionary discretion in EAQ?.
Answer: 130
◍ Collateral Estoppel.
Answer: Prevents relitigation of particular issues of fact or law that have
QUESTIONS WITH SOLUTIONS GRADED A+
◍ What EAC sections govern tendency and coincidence evidence?.
Answer: EAC 97-98replaced Pfennig/Hoch at CL
◍ What section concerns hearsay rule in interlocutory proceedings?.
Answer: EAC 75
◍ What is the relationship between weight and admissibility?.
Answer: Distinguish relevance with weight (matter of law vs fact)Judge vs
jury responsibility
◍ Character evidence in civil cases.
Answer: Character evidence is generally inadmissible but admissible if
character is an essential element of a claim or defense
◍ What is the distinction between documentary admission and computer
records admission EAQ 92 v 95?.
Answer: EAQ 95 requirements is less onerou than EAQ 92
◍ Amendments package.
Answer: FCR 8.21, 16.53FCAA 37M in light of Aon Risk Case
◍ General rule of admissibility.
Answer: Allr relevant evidence is admissible, subject to exclusionary rules -
hearsay, opinion being the main ones
◍ 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 a Fact in Issue?.
Answer: All facts which P must prove to succeed at trial and which D must
, prove to establish defence.
◍ What section of the EAQ is statements by children exception to the hearsay
rule?.
Answer: EAQ 94
◍ What is circumstantial evidence?.
Answer: Facts the existence of which may infer the existence of a Fact in
Issue
◍ What is evidential burden of proof?.
Answer: 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
◍ In the EAC, how can it be determined whether a person intended to assert?.
Answer: EAC 59(2A) Have regard to the circcumstances in which the
representation was made
◍ Involuntary Manslaughter.
Answer: An unintentional homicide committed with criminal negligence or
during an unlawful act
◍ What EAC section is hearsay?.
Answer: EAC 59 - Definition
◍ Equal Protection Suspect Class.
Answer: Race, alienage, national origin
◍ Equitable Conversion.
Answer: equitable title to real property passes to the buyer upon entering the
contract, even though the seller retains legal title.
◍ What is the rule for previous inconsistent statements under in the EAQ?.
Answer: 18Q - Where no admission during XXN + circumstances
mentioned19Q - Statements in writing101Q - can be used to rebut charge of
recent fabrication
◍ Which section governs proof of contents of Document?.
, Answer: EAC 48
◍ Equal Protection Quasi Suspect Class.
Answer: Gender, illegitimate children
◍ Co-Conspirator Liability.
Answer: Each conspirator is liable for co-conspirators' crimes that are
foreseeable and committed in furtherance of the conspiracy
◍ What is the finality rule to collateral questions?.
Answer: In order to avoid multiplicity of issues, answers to questions put to
W in XXN concerning collateral issues must be treated as finalEg credibility
questions 102
◍ MIMIC.
Answer: Motive Intent Mistake Identify Common Plan
◍ 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.
◍ How does unfavourable witness in EAC 38 differ to common law?.
Answer: Does not depend on demonstration of hostilityXXN on credit
permissible
◍ Who does EAC 137 exclusionary discreiton apply to?.
Answer: Only the prosecution
◍ Where do the burdens of proof lie in criminal defences?.
Answer: P bears legal burden of disproof, D bears evidential burden of
raising defenceEB threshold: Evidence taken at highest would lead to doubt
that defence has been negatived?
◍ What section is exclusionary discretion in EAQ?.
Answer: 130
◍ Collateral Estoppel.
Answer: Prevents relitigation of particular issues of fact or law that have
