Victorian Bar Entrance Exam Practice Questions - Victorian Bar Entrance Examination Exam

Access More Questions

In a civil trial, the prosecution-equivalent party calls a witness who, in the witness box, gives evidence directly contradicting the helpful statement she earlier signed. The party wishes to question her about the prior inconsistent statement. Under the Evidence Act 2008 (Vic), what is required before the party may cross-examine its own witness as unfavourable?

The witness must first be formally declared hostile by the trial judge at common law Nothing; a party may cross-examine its own witness as of right under the uniform evidence law The consent of the opposing party must be obtained on the record The court's leave under section 38, on the basis the witness's evidence is unfavourable, she is not making a genuine attempt to give evidence, or has made a prior inconsistent statement

Correct Answer:

The court's leave under section 38, on the basis the witness's evidence is unfavourable, she is not making a genuine attempt to give evidence, or has made a prior inconsistent statement

Access more questions from this quiz

Continue to Victorian Bar Entrance Exam Practice Questions - Victorian Bar Entrance Examination Exam for more practice questions and the full quiz experience.

Access More Questions