Qld Bar Exam – Ethics – Evidence Set Test Questions With Verified Correct Answers
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Course
QLD BAR
Institution
QLD BAR
Qld Bar Exam – Ethics – Evidence
Set Test Questions With Verified
Correct Answers
1. R v Ratten
ANSWER : Res Gestae Exception - Evidence
Contemporaneity of police call made it admissible
evidence
Original evidence
Informs state of mind of victim due to emotional call
2. Mullins (acti...
Qld Bar Exam – Ethics – Evidence
Set Test Questions With Verified
Correct Answers
1. R v Ratten
ANSWER ✔ : Res Gestae Exception - Evidence
Contemporaneity of police call made it admissible
evidence
Original evidence
Informs state of mind of victim due to emotional call
2. Mullins (acting unfairly)
ANSWER ✔ : Acting unfairly - Ethics
Personal Injury + cancer case
Encouraged reliance on false documents
Significance of life expectancy as factor to case
Duty of mediator to all parties involved
BR 48-49
No reasonable prospect for success under FCAA 31
- Subjective
- Objective
- Material
- Law
- Damage
4. BR 59-60, 63
ANSWER ✔ : Ethics - Responsible use of court process
Broadened obligation to apply professional judgment in
limiting FII etc
5. Day v Perisher
Ethics
Witness communication/coaching
- Suggestions for answers
- Witnesses discussed Qs with management
- Trial process undermined
BR 68 - evidence integrity
BR 70 - conferences
6. BR 75-76
, ANSWER ✔ : Ethics
Media ethics
- Restrictions on publication and media commentary
BR 29
Must disclose all facts both for and against relief
Ethics
Ex parte requirements
PD 20/2012 direct access briefing
Ethics,
must comply with barrister rule 24B - inform in writing
provide certificate of compliance
general barrister duties 15/17
Bale v Mills
Ethics, filing new material after appeal without leave
Proceeding should be re-listed, once appeal reserved
rights to argument exhausted, court may ignore material
Ken Trugal / BR53
Ethics, communication with judge
P compromised impartiality of J by sending joint report
despite the objections outside leave
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