Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam - Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination

Question 1

At a trial in the District Court of Queensland, counsel seeks to tender a photograph that has no connection to any fact in issue but which the witness found interesting. On what basis is the photograph inadmissible?

It is opinion evidence that does not satisfy the basis rule in Makita v Sprowles. It is hearsay, because a photograph is a record made out of court. It is irrelevant, because it does not rationally bear upon the probability of a fact in issue and so fails the threshold common-law test of relevance. It is privileged real evidence and must be excluded under the Christie discretion.

Correct Answer:

It is irrelevant, because it does not rationally bear upon the probability of a fact in issue and so fails the threshold common-law test of relevance.

Question 2

In a Queensland criminal trial, what is the standard and incidence of the burden of proof as stated in Woolmington v DPP?

The accused must prove innocence on the balance of probabilities once a prima facie case is made out. The prosecution must prove every element of the offence beyond reasonable doubt, subject to the defence of insanity and statutory exceptions. The prosecution bears only an evidential burden, which shifts to the accused once raised. Both parties bear a persuasive burden to the standard of the balance of probabilities.

Correct Answer:

The prosecution must prove every element of the offence beyond reasonable doubt, subject to the defence of insanity and statutory exceptions.

Question 3

A plaintiff in a Queensland civil proceeding alleges the defendant committed fraud. Applying Briginshaw v Briginshaw, how does the seriousness of the allegation affect the standard of proof?

It raises the standard of proof to beyond reasonable doubt because fraud is quasi-criminal. The standard remains the balance of probabilities, but the gravity of the allegation requires that the tribunal feel an actual persuasion and weigh the evidence accordingly. It reverses the onus so that the defendant must disprove the fraud. It requires corroboration before the allegation can be made out.

Correct Answer:

The standard remains the balance of probabilities, but the gravity of the allegation requires that the tribunal feel an actual persuasion and weigh the evidence accordingly.

Question 4

A witness testifies that a bystander shouted 'the blue car ran the red light!' immediately as the collision occurred. Counsel objects that this is hearsay. On what common-law basis might the statement nevertheless be admitted to prove the blue car ran the light?

As a business record under s 92 of the Evidence Act 1977 (Qld). Under the dying declaration exception, since the bystander spoke at the scene. As an admission against interest by the bystander. As part of the res gestae, being a spontaneous statement made under the pressure of a startling event so as to exclude concoction.

Correct Answer:

As part of the res gestae, being a spontaneous statement made under the pressure of a startling event so as to exclude concoction.

Question 5

In a Queensland civil trial, counsel seeks to tender a company invoice to prove the price charged. The invoice was generated by the company's accounting system in the ordinary course of business. Which provision most directly governs its admissibility as documentary hearsay?

Section 92 of the Evidence Act 1977 (Qld), governing admissibility of documentary evidence as to facts in issue. Section 79 of the uniform Evidence Act. Section 59 of the uniform Evidence Act. The voir dire procedure under s 590AA of the Criminal Code.

Correct Answer:

Section 92 of the Evidence Act 1977 (Qld), governing admissibility of documentary evidence as to facts in issue.

Question 1

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Prepare with the Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam practice quiz. This question bank includes 100 questions covering evidence, witness, accused, queensland, and counsel. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam

This practice set contains 100 questions from the matching question bank and focuses on evidence, witness, accused, queensland, and counsel. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam

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