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QUEENSLAND BAR EXAM …. ALL QUESTIONS AND 100% VERIFIED ANSWERS
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QUEENSLAND BAR EXAM …. ALL QUESTIONS AND 100% VERIFIED ANSWERS...
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What is the rule of hearsay? ANSWER According to Section 59 EAC, evidenceof a person's prior representation is not admissible to support the veracity of the
facts stated.
What are the hearsay exceptions? - ANSWER Original evidence can be used to
support terms or to demonstrate that matter is different from words.
What is the exception to hearsay that applies to business records? ANSWER
EAC 69 Documents in which a person with firsthand knowledge of the stated
fact makes a representation are exempt from the hearsay rule.
What part of the EAC is hearsay? EAC 59: Definition of Answer
Which sections of the EAC provide hearsay exceptions? ANSWER EAC 60-75
Which EAC portion is pertinent? ANSWER EAC 55-56
Which EAC portion expresses an opinion? - ANSWER EAC 76
Which section of the EAC is admission? ANSWER EAC 81
Which EAC section can be excluded at general discretion? ANSWER EAC
135: Probative versus Prejudicial
Which part of the EAC deals with the exclusion of biased evidence in criminal
cases? ANSWER EAC 137, which was obtained from CL Christie's guidance
Which portion of the EAC has the authority to exclude something as illegal?
ANSWER EAC 138
Which EAC portion is pertinent? ANSWER EAC 55
, Which provisions of the EAC regulate evidence of tendency and coincidence?
ANSWER EAC 97-98
Pfennig/Hoch was replaced at CL
Which EAC section permits narrative evidence presentation? ANSWER EAC
29
If instructed by the court, narrative form may take the place of the conventional
Q&A format.
The Briginshaw standard: what is it? The nature of the thing being proved may
determine the strength of evidence required to establish facts on the balance of
probabilities.
More severe and serious
EAC 140 (2)
What does the burden of proof mean in law? ANSWER The rule of law requires
that a fact be proven beyond a reasonable doubt or by the preponderance of the
evidence.
What is the burden of proof for evidence? ANSWER The need to provide
enough proof to cast doubt on the existence or nonexistence of a particular fact.
The minimal amount required to bring up a concern during a trial
Who decides if the burdens of proof and the law have been satisfied? ANSWER
The judge determines the evidentiary burden, while the trier of facts determines
the legal burden.
A Fact in Issue: What Is It? ANSWER All of the facts that D must prove to
support a defense and that P must prove to win at trial.
Circumstantial evidence: what is it? ANSWER Facts that could indicate the
presence of a Fact in Question
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