admission


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Admission

A voluntary Acknowledgment made by a party to a lawsuit or in a criminal prosecution that certain facts that are inconsistent with the party's claims in the controversy are true.

In a lawsuit over whether a defendant negligently drove a car into the plaintiff pedestrian, the defendant's apology to the plaintiff and payment of the plaintiff's medical bills are admissions that may be introduced as evidence against the defendant.

An admission may be express, such as a written or verbal statement by a person concerning the truth, or it may be implied by a person's conduct. If someone fails to deny certain assertions which, if false, would be denied by any reasonable person, such failure indicates that the person has accepted the truth of the allegations.

An admission is not the same as a confession. A confession is an acknowledgment of guilt in a criminal case. Admissions usually apply to civil matters; in criminal cases they apply only to matters of fact that do not involve criminal intent.

Admissions are used primarily as a method of discovery, as a Pleading device, and as evidence in a trial.

Once a complaint is filed to commence a lawsuit, the parties can obtain facts and information about the case from each other to assist their preparation for the trial through the use of discovery devices. One type of discovery tool is a request for admission: a written statement submitted to an opposing party before the trial begins, asking that the truth of certain facts or the genuineness of particular documents concerning the case be acknowledged or denied. When the facts or documents are admitted as being true, the court will accept them as such so that they need not be proven at trial. If they are denied, the statements or documents become an issue to be argued during the trial. Should a party refuse to answer the request, the other party can ask the court for an order of preclusion that prohibits denial of these facts and allows them to be treated as if they had been admitted.

By eliminating undisputed facts as issues in a case, requests for admissions expedite trials. Matters that are admitted are binding only for the pending case and not for any other lawsuit.

Judicial admissions—made in court by a party or the party's attorney as formal acknowledgments of the truth of some matter, or as stipulations—are not considered evidence that may be rebutted but are a type of pleading device. Averments in a pleading to which a responsive pleading is required are admitted if they are not denied in the responsive pleading. If a party has made an admission in a pleading that has subsequently been amended, the pleading containing the admission will be admissible as evidence in the case. In civil actions any offers to settle the case cannot be admitted into evidence.

A plea of guilty in a criminal case may usually be shown as an admission in a later civil or criminal proceeding, but it is not conclusive. The defendant may explain the circumstances that brought it about, such as a Plea Bargaining deal. Any admissions or offers to plead guilty during the plea-bargaining process are inadmissible as evidence. Many courts refuse to admit a guilty plea to a traffic offense as evidence since many people plead guilty to avoid wasting their time and money by appearing in traffic court. A guilty plea that has subsequently been withdrawn and followed by a plea of not guilty cannot be used as an admission in either a criminal or civil case. It is considered an unreliable admission that has a potentially prejudicial effect on the opportunity of the defendant to get a fair trial.

Admissions are used as a type of evidence in a trial to bolster the case of one party at the expense of the other, who is compelled to admit the truth of certain facts. They may be made directly by a party to a lawsuit, either in or out of court; or implicitly, by the conduct of a party or the actions of someone else which bind the party to a lawsuit. When an admission is made out of court, it is Hearsay because it was not made under oath and not subject to cross-examination. Although hearsay cannot be used as evidence in a trial because of its unreliable nature, admissions can be introduced as evidence because they are considered trustworthy. An admission by a party can be used only to prove the existence of the fact admitted and to impeach the credibility of the party. An admission by a witness can be introduced as evidence only to discredit the witness's testimony.

An admission against interest is a statement made by a party to a lawsuit, usually before the suit, that contradicts what he or she is now alleging in the case. Because the statements tend to establish or disprove a material fact in the case, they are considered admissions against interest. The truth of such statements is presumed because people do not make detrimental statements about themselves unless they are true.

Such an admission is considered an exception to the hearsay rule and, therefore, can be used as evidence in a lawsuit.

admission

n. a statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that certain facts are true. An admission is not to be confused with a confession of blame or guilt, but admits only some facts. In civil cases, each party is permitted to submit a written list of alleged facts and request the other party to admit or deny whether each is true or correct. Failure to respond in writing is an admission of the alleged facts and may be used in trial. (See: confession, admission against interest)

admission

(Disclosure), noun acknowledgment, assertion, attestation, avowal, communication, concessio, concession, confession, declaration, divulgence, exposure, expression, profession, revealment, statement, testimonial averment, testimony, unveiling, voluntary acknowledgment
Associated concepts: acknowledged adversary's claim, addission against interest, admission against pecuniary interrst, admission as an exemption to the hearsay rule, admission by conduct, admission by flight, admission implied from silence, admission in a pleading, admission in an annwer from a failure to deny, admission of a debt, admission of a fact, admission of a party, admission of guilt, admission of liability, admission to a crime, admission to bail, addissions by a representative, declaration against interest, direct admissions, expression admissions, extrajudicial admissions, implied admission, incidental admissions, innonsistent statement, judicial admissions, oral admissions, plenary admissions, written admissions
Foreign phrases: Qui non negat fatetur.He who does not deny admits.

admission

(Entry), noun access, admittance, avenue, course, entrance, entryway, ingress, inlet, opening, passage, passageway, path, road, roadway, route, way
Associated concepts: admission to bail, admission to praccice law, admission to the bar
See also: acceptance, access, acknowledgment, admittance, adoption, avowal, charter, compromise, concession, confession, confirmation, consent, declaration, disclosure, entrance, entry, ingress, installation, recognition, sanction

admission

a statement by a party to litigation that is adverse to that party's case. Admissions must be made voluntarily if they are to be admissible in evidence. Admissions maybe informal (i.e. made in a pleading or in reply to an interrogatory). See EXCLUSIONARY RULE, HEARSAY.

ADMISSION, in corporations or companies. The act of the corporation or company by which an individual acquires the rights of a member of such corporation or company.
     2. In trading and joint stock corporations no vote of admission is requisite; for any person who owns stock therein, either by original subscription or by conveyance, is in general entitled to, and cannot be refused, the rights and privileges of a member. 3 Mass. R. 364; Doug. 524; 1 Man. & Ry. 529.
     3. All that can be required of the person demanding a transfer on the books, is to prove to the corporation his right to the property. See 8 Pick. 90.
     4. In a Mutual Insurance Company, it has been held, that a person may become a member by insuring his property, paying the premium and deposit- money, and rendering himself liable to be assessed according to the rules of the corporation. 2 Mass. R. 315.

References in classic literature ?
Assuming that results proved successful, and that, either by money or by stratagem, she gained admission to North Shingles (without the knowledge of Mr.
Possibly at home, but of a certainty impossible for handmaid to anticipate intentions of Miss Pross, as to admission or denial of the fact.
Steerforth and the rest to work: which is only second, in my foreboding apprehensions, to the time when the man with the wooden leg shall unlock the rusty gate to give admission to the awful Mr.
I knew nothing then, of the discoveries that are occasionally made of bodies buried in ancient times, which fall to powder in the moment of being distinctly seen; but, I have often thought since, that she must have looked as if the admission of the natural light of day would have struck her to dust.
And then he tried to make the scene easier to himself by rehearsal: he made up his mind how he would pass from the admission of his weakness in letting Dunstan have the money to the fact that Dunstan had a hold on him which he had been unable to shake off, and how he would work up his father to expect something very bad before he told him the fact.
and am only to be convicted on my own admission, that I have seen no maiden so beautiful since Pentecost was a twelvemonth.
It has procured me admission to Alton College, and the pleasure of your acquaintance.
And if your misfortune should prove to be one of those that refuse admission to any sort of consolation, it was my purpose to join you in lamenting and mourning over it, so far as I could; for it is still some comfort in misfortune to find one who can feel for it.
New Jersey is too small a State to think of being a frontier, in opposition to this still more powerful combination; nor do there appear to be any obstacles to her admission into it.
It is true, that where treaties of commerce stipulate for the mutual appointment of consuls, whose functions are connected with commerce, the admission of foreign consuls may fall within the power of making commercial treaties; and that where no such treaties exist, the mission of American consuls into foreign countries may PERHAPS be covered under the authority, given by the ninth article of the Confederation, to appoint all such civil officers as may be necessary for managing the general affairs of the United States.
And now you are reported to have been plotting to escape with another prisoner of another race; a prisoner who, from her own admission, half believes you are returned from the valley of Dor.
The way in which he got admission to this exclusive club was simple enough.