Jones v dunkel - Study guides, Class notes & Summaries

Qld Bar Exam - Evidence Actual question with Rationale answers

Qld Bar Exam - Evidence Exam Questions And Answers Legal Burden vs Evidentiary Burden of proof - ANS Evidential 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). Jud...

Qld Bar Exam - Evidence Questions And Answers Legal Burden vs Evidentiary Burden of proof - 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 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 Discret...

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 exception to Hearsay? 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? EAC 59 - Definition ...

Legal Burden vs Evidentiary Burden of proof - 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 - Answer-A judge has a discretion to e...

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Jones v Dunkel Evidence (Civil) Adverse inferences may be drawn from the unexplained failure of a party to adduce particular evidence where such evidence would be reasonably expected to shed light on a matter. Case about man killed by a truck driven by D. D fails to appear as W. Corresponds to ss 9 (EAC doesnt affect CL) and 20 (failed to provide evidence) of tge EAC. Cases where judge can comment should be rare and exceptional - ie Weissensteiner Bale v Mills Ethics. Treatment of witness...