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

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At a contested civil hearing, counsel for the plaintiff wishes to tender an email between the defendant and a third party to prove the defendant knew the goods were defective. Counsel for the defendant objects on relevance grounds. What is the threshold the email must meet to be admissible under the Evidence Act 2008 (Vic)?

It must, if accepted, rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue It must conclusively prove the fact in issue on the balance of probabilities It must be the best available evidence of the defendant's knowledge It must be corroborated by at least one other independent witness

Correct Answer:

It must, if accepted, rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue

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