Qld Bar Exam - Evidence With Questions And Complete Answers

Qld Bar Exam - Evidence With Questions And Complete Answers Legal Burden vs Evidentiary Burden of proof --*correct answer*--Evidentiary burden: BRING EVIDENCE. The burden of a party to bring evidence that there is sufficient evidence to raise an issue as the existence of a FII. The party who is making a claim or assertion must be able to prove it with evidence. Legal burden: PROVE THE EVIDENCE to a the standard, or level of proof a party has an obligation to reach to prove a FII (e.g. Crown as to BRD). Judge's Discretion --*correct answer*--A judge has a discretion to exclude evidence (eg. a confession) on the ground that it is highly prejudicial and not probative (reliable) or for public policy reasons (eg. evidence illegally obtained): Bunning v Cross (1978); s130 Evidence Act 1977 (Qld); ss135-139 EA; R v Christie.