QUEENSLAND BAR EXAM TEST
REVIEWS QUESTION AND ANSWERS
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)
What are the exceptions to Hearsay? - CORRECT ANSWER-
Original evidence - prove matter distinct from words, or to prove
terms
What is the business records exception to Hearsay? -
CORRECT ANSWER-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? - CORRECT ANSWER-EAC 59
- Definition
What EAC section are hearsay exceptions? - CORRECT
ANSWER-EAC 60-75
What EAC section is relevance? - CORRECT ANSWER-EAC
55-56
What EAC section is opinion? - CORRECT ANSWER-EAC 76
,What EAC section is admission? - CORRECT ANSWER-EAC
81
What EAC section is general discretion to exclude? -
CORRECT ANSWER-EAC 135 - prejudicial >> probative
What EAC section is exclusion of prejudicial evidence in
criminal proceedings? - CORRECT ANSWER-EAC 137 -
derived from CL christie direction
What EAC section is discretion to exclude for illegality? -
CORRECT ANSWER-EAC 138
What EAC section is relevance? - CORRECT ANSWER-EAC
55
What EAC sections govern tendency and coincidence
evidence? - CORRECT ANSWER-EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative
form? - CORRECT ANSWER-EAC 29
Narrative form if so directed by the court may replace standard
Q&A system
What is the Briginshaw standard? - CORRECT ANSWER-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? - CORRECT ANSWER-
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? - CORRECT 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
Who determines decides on whether the legal and evidentiary
burdens have been met? - CORRECT ANSWER-Trier of fact
decides legal burden, judge decides evidentiary burden.
What is a Fact in Issue? - CORRECT ANSWER-All facts which
P must prove to succeed at trial and which D must prove to
establish defence.
What is circumstantial evidence? - CORRECT ANSWER-Facts
the existence of which may infer the existence of a Fact in
Issue
What is the Jones v Dunkel rule? - CORRECT ANSWER-
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? - CORRECT
ANSWER-Must provide reasonable explanation based on
evidence, not merely presumed
REVIEWS QUESTION AND ANSWERS
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)
What are the exceptions to Hearsay? - CORRECT ANSWER-
Original evidence - prove matter distinct from words, or to prove
terms
What is the business records exception to Hearsay? -
CORRECT ANSWER-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? - CORRECT ANSWER-EAC 59
- Definition
What EAC section are hearsay exceptions? - CORRECT
ANSWER-EAC 60-75
What EAC section is relevance? - CORRECT ANSWER-EAC
55-56
What EAC section is opinion? - CORRECT ANSWER-EAC 76
,What EAC section is admission? - CORRECT ANSWER-EAC
81
What EAC section is general discretion to exclude? -
CORRECT ANSWER-EAC 135 - prejudicial >> probative
What EAC section is exclusion of prejudicial evidence in
criminal proceedings? - CORRECT ANSWER-EAC 137 -
derived from CL christie direction
What EAC section is discretion to exclude for illegality? -
CORRECT ANSWER-EAC 138
What EAC section is relevance? - CORRECT ANSWER-EAC
55
What EAC sections govern tendency and coincidence
evidence? - CORRECT ANSWER-EAC 97-98
replaced Pfennig/Hoch at CL
What EAC section allows for evidence to be given in narrative
form? - CORRECT ANSWER-EAC 29
Narrative form if so directed by the court may replace standard
Q&A system
What is the Briginshaw standard? - CORRECT ANSWER-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? - CORRECT ANSWER-
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? - CORRECT 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
Who determines decides on whether the legal and evidentiary
burdens have been met? - CORRECT ANSWER-Trier of fact
decides legal burden, judge decides evidentiary burden.
What is a Fact in Issue? - CORRECT ANSWER-All facts which
P must prove to succeed at trial and which D must prove to
establish defence.
What is circumstantial evidence? - CORRECT ANSWER-Facts
the existence of which may infer the existence of a Fact in
Issue
What is the Jones v Dunkel rule? - CORRECT ANSWER-
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? - CORRECT
ANSWER-Must provide reasonable explanation based on
evidence, not merely presumed
