Queensland Evidence Bar Practice Exam

Negative hearsay refers to statements that are offered to prove the non-existence of a fact or to contradict a claim rather than to prove the truth of the matter asserted. Generally, the hearsay rule prohibits the admission of out-of-court statements that are presented to establish the truth of the matter asserted unless they fall within specific exceptions.

In this context, the correct understanding is that negative hearsay is typically not admissible in court because it does not meet the criteria for acceptable evidence. This is rooted in the principle that hearsay evidence lacks the reliability that comes from firsthand testimony; it cannot be cross-examined, and its credibility is often in question.

The other options suggest various scenarios where negative hearsay might be acceptable; however, the nature of negative hearsay inherently conflicts with the fundamental principles of evidence law regarding hearsay. Therefore, the prevailing view is that negative hearsay does not provide a reliable basis for the fact-finder and is not admissible in the absence of specific exceptions that would allow an out-of-court statement to be considered.