QLD BAR EXAMINATION SET 2026 SOLVED
QUESTIONS GRADED A+
● What are the exceptions to Hearsay? Answer: Original evidence -
prove matter distinct from words, or to prove terms
● What is the business records exception to Hearsay? Answer: EAC 69
Hearsay rule does not apply to documents where representation made by
person with personal knowledge of asserted fact
● What EAC section is hearsay? Answer: EAC 59 - Definition
● What EAC section are hearsay exceptions? Answer: EAC 60-75
● What EAC section is relevance? Answer: EAC 55-56
● What EAC section is opinion? Answer: EAC 76
● What EAC section is admission? Answer: EAC 81
● What EAC section is general discretion to exclude? Answer: EAC 135
- prejudicial >> probative
,● What EAC section is exclusion of prejudicial evidence in criminal
proceedings? Answer: EAC 137 - derived from CL christie direction
● What EAC section is discretion to exclude for illegality? Answer:
EAC 138
● What EAC section is relevance? Answer: EAC 55
● What EAC sections govern tendency and coincidence evidence?
Answer: EAC 97-98
replaced Pfennig/Hoch at CL
● What EAC section allows for evidence to be given in narrative form?
Answer: EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
● What is the Briginshaw standard? Answer: 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? Answer: 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? Answer: 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 whether the legal and evidentiary burdens
have been met? Answer: Trier of fact decides legal burden, judge
decides evidentiary burden.
● What is a Fact in Issue? Answer: All facts which P must prove to
succeed at trial and which D must prove to establish defence.
● What is circumstantial evidence? Answer: Facts the existence of which
may infer the existence of a Fact in Issue
● What is the Jones v Dunkel rule? Answer: Unexplained failure to call
evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
QUESTIONS GRADED A+
● What are the exceptions to Hearsay? Answer: Original evidence -
prove matter distinct from words, or to prove terms
● What is the business records exception to Hearsay? Answer: EAC 69
Hearsay rule does not apply to documents where representation made by
person with personal knowledge of asserted fact
● What EAC section is hearsay? Answer: EAC 59 - Definition
● What EAC section are hearsay exceptions? Answer: EAC 60-75
● What EAC section is relevance? Answer: EAC 55-56
● What EAC section is opinion? Answer: EAC 76
● What EAC section is admission? Answer: EAC 81
● What EAC section is general discretion to exclude? Answer: EAC 135
- prejudicial >> probative
,● What EAC section is exclusion of prejudicial evidence in criminal
proceedings? Answer: EAC 137 - derived from CL christie direction
● What EAC section is discretion to exclude for illegality? Answer:
EAC 138
● What EAC section is relevance? Answer: EAC 55
● What EAC sections govern tendency and coincidence evidence?
Answer: EAC 97-98
replaced Pfennig/Hoch at CL
● What EAC section allows for evidence to be given in narrative form?
Answer: EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
● What is the Briginshaw standard? Answer: 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? Answer: 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? Answer: 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 whether the legal and evidentiary burdens
have been met? Answer: Trier of fact decides legal burden, judge
decides evidentiary burden.
● What is a Fact in Issue? Answer: All facts which P must prove to
succeed at trial and which D must prove to establish defence.
● What is circumstantial evidence? Answer: Facts the existence of which
may infer the existence of a Fact in Issue
● What is the Jones v Dunkel rule? Answer: Unexplained failure to call
evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
