Exam (elaborations)

Queensland Bar Exam – Evidence question and answer verified

5 views 0 purchase

Course
QLD

Institution
QLD

What is the hearsay rule? - 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? - Original evidence - prove matter distinct from words, or to prove terms What is the business records exce...

[Show more]

Preview 3 out of 17 pages

View example

Uploaded on June 27, 2024
Number of pages 17
Written in 2023/2024
Type Exam (elaborations)
Contains Questions & answers

queensland bar exam evidence question and answer

Institution QLD
Course QLD

CA$16.89

Added

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Queensland Bar Exam – Evidence question and answer verified What is the hearsay rule? -✔✔ 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 excep tions to Hearsay? -✔✔ Original evidence - prove matter distinct from words, or to prove terms What is the business records exception to Hearsay? -✔✔ EAC 69 Hearsay rule does not apply to documents where representation made by person with personal knowledg e of asserted fact What EAC section is hearsay? -✔✔ EAC 59 - Definition What EAC section are hearsay exceptions? -✔✔ EAC 60 -75 What EAC section is relevance ? -✔✔ EAC 55 -56 What EAC section is opinion? -✔✔ EAC 76 What EAC section is admission? -✔✔ EAC 81 What EAC section is general discretion to exclude? -✔✔ EAC 135 - prejudicial >> probative What EAC section is exclusion of prejudicial evidence in criminal proceedings? -✔✔ EAC 137 - derived from CL christie direction What EAC section is discretion t o exclude for illegality? -✔✔ EAC 138 What EAC section is relevance? -✔✔ EAC 55 What EAC sections govern tendency and coincidence evidence? -✔✔ EAC 97 -98 replaced Pfennig/Hoch at CL What EAC section allows for evidence to be given in narrative form? -✔✔ EAC 29 Narrative form if so directed by the court may replace standard Q&A system What is the Briginshaw standard? -✔✔ 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? -✔✔ 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? -✔✔ 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 w hether the legal and evidentiary burdens have been met? -✔✔ Trier of fact decides legal burden, judge decides evidentiary burden. What is a Fact in Issue? -✔✔ All facts which P must prove to succeed at trial and which D must prove to establish defence. What is circumstantial evidence? -✔✔ Facts the existence of which may infer the existence of a Fact in Issue What is the Jones v Dunkel rule? -✔✔ Unexplained failure to call evidence / witness / document may lead to inference that the missing material woul d 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? -✔✔ Must provide reasonable explanation based on evidence, not merely presumed What is the best evidence rule? -✔✔ contents of a tendered document in court can only be proved by tendering the original of that docum ent. Abolished by EAC 51 What is the threshold for relevance? -✔✔ Relatively low, anything which COULD affect assessment of FII Not dismissed by possibility of fabrication -- that goes to weight.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller muchirigathiru1. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$16.89. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

73243 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling