assorted-color books on bookcase

Admission

Legal Definition and Related Resources of Admission

Meaning of Admission

(Lat. ad, to; mittere, to send). In Evidence. Concession or voluntary acknowledgment made by a party of the existence or truth of certain facts. As distinguished from a confession, the term is applied to civil transactions, and to matters of fact in criminal cases where there is no criminal intent. See “Confession.” As distinguished from consent, an admission may be said to be evidence furnished by the party’s own act of his consent at a previous period. Direct, called also “express,” admissions, are those which are made in direct terms. Implied admissions are those which result from some act or failure to act of the party. Incidental admissions are those made in some other connection, or involved in the admission of some other fact. See 1 Greenl. Ev. § 194. In Pleading. The acknowledgment or recognition by one party of the truth of some matter alleged by the opposite party. Partial admissions are those which are delivered in terms of uncertainty, mixed up with explanatory or qualifying circumstances. Plenary admissions are those which admit the truth of the matter without qualification, whether it be asserted as from information and belief, or as from actual knowledge. At Law. In all pleading in confession, an admission of the truth of the opposite party’s pleading is made. Express admissions may be made of matters of fact only. Of Attorneys. The act by which attorneys and counsellors become recognized as ofiicers of the court, and are allowed to practice. The qualifications required vary widely in the different states. In Corporations or Companies. The act of a corporation or company by which an individual acquires the rights of a member of such corporation or company. 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. 364; Doug. 524; 1 Man. & R. 529.

What does Admission mean in American Law?

The definition of Admission in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

There are two important uses of this term in the language of litigation. One refers to what is more precisely called a “judicial admission,” i.e., an admission of a fact relevant in a lawsuit which will render that fact established for purposes of the action. This admission may be made in several ways. The most pervasive and invisible of these is to keep silent about something in a pleading or during a trial. For example, if I am sued for breach of contract, and I do not plead fraud or duress, or, having pleaded it offer no evidence on it, I in effect “admit,” for purposes of my defense, that there was no fraud or duress in the making of the contract, and I will be

bound to that thereafter (unless I can properly amend, replead, or offer further evidence).

An admission may also be made more explicitly in a pleading. If a plaintiff alleges in his complaint that the defendant is a “resident of New York,” and the defendant in his answer either explicitly admits the truth of that residency allegation, or (in almost all procedural systems) merely falls to deny it, the fact of his New York residency will be taken as established (again, subject to permissible amending or unpleading powers). Moreover, there are various procedural devices (e.g., request for admissions; pretrial stipulations) designed to elicit these binding admissions. And, of course, a party may (frequently when so requested by a judge) just admit

something in open court (e.g., “Counselor, do you deny that your client sent this letter?” “No, your Honor, he sent it all right, but it doesn’t mean what it seems to mean.”).

In the law of evidence, however, “admission” also has an important meaning-it is short for “party admission” and as such denominates the following important exception to the hearsay rule: A statement which would otherwise be inadmissible hearsay will be admissible if the declarant whose statement is offered is a party (or in privity with a party) to the action at which the statement is offered. Unlike a declaration against interest (another hearsay exception) any relevant party statement is admissible, even if it were not “against interest” when made. (Naturally, it is likely to be against the party’s interest when offered, else why would the other party be offering it?) Hence if a person once said to a tax collector, “This old house? Why it’s hardly worth $20,000,” the tax collector can testify to that statement in a subsequent action to take the same property under the power of eminent domain, in which action the landowner is claiming that the old house is worth at least $100,000. But such [a] statement, even though admissible, is not binding on a party, the way a judicial admission would be. It is open to the party to try to convince the trier of fact that he

was shaving the truth to the tax collector, and that the true value is $100,000.

The distinction between “party admission” and “declaration against interest” is important to keep in mind, especially since many lawyers and judges, to the despair of those trying to keep things straight, have the terrible habit of referring loosely to both as an admission against interest. See also admit.

Browse

You might be interested in these references tools:

Resource Description
Admission in the Dictionary Admission in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Admission
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Admission in the World Encyclopedia of Law

Notice

This definition of Admission Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

<

Resource Description
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies
https://legaldictionary.lawin.org/admission/ The URI of Admission (more about URIs)

Synonyms of Admission

(Disclosure), noun

  • acknowledgment
  • assertion
  • attestation
  • avowal
  • communication
  • concessio
  • concession
  • confession
  • declaration
  • divulgence
  • enlightenment
  • exposure
  • expression
  • profession
  • revealment
  • revelation
  • statement
  • testimonial averment
  • testimony
  • unmasking
  • unveiling
  • voluntary acknowledgment Associated Concepts: acknowledged adversary’s claim
  • admission against interest
  • admission against pecuniary interest
  • 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 answer 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
  • admissions by a representative
  • declaration against interest
  • direct admissions
  • expression admissions
  • extrajudicial admissions
  • implied admission
  • incidental admissions
  • inconsistent statement
  • judicial admissions
  • oral admissions
  • plenary admissions
  • written admissions foreign phrases: Qui non negat fatetur
  • He who does not deny admits

(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 practice law
  • admission to the bar

Admission in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of admission.

Meaning of Admission in Spanish

Description/ translation of admission into Spanish: en términos generales, admisión; admission against interest: admisión en perjuicio propio[1]

Note: for more information on related terms and on the area of law where admission belongs (criminal procedure law), in Spanish, see here.

Notes and References

  1. Translation of Admission published by Antonio Peñaranda

Resources

See Also

  • Law Enforcement Officer
  • Police Officer
  • Law Enforcement Agency

Further Reading

English Legal System: Admission

In the context of the English law, A Dictionary of Law provides the following legal concept of Admission :

1. In civil proceedings, a statement by a party to litigation or by his duly authorized agent that is adverse to the party’s case. Admissions may be informal (i.e. in a document or by word of mouth) or formal (i.e. made in a statement of case or in reply to a request for further information). An admission may be related to the court by someone other than the person who made it under an exception to the rule against *hearsay evidence.

2. In criminal proceedings, a statement admitting an offence or a fact that constitutes legally acceptable evidence of the offence or fact. Admissions may be informal or formal. An informal admission is called a *confessio A formal admission may be made either before or at the hearing, but if not made in court, it must be in writing and signed by the defendant or his legal adviser. An admission may be made in respect of any fact about which *oral evidence could be given and is *conclusive evidence of the fact admitted at all criminal proceedings relating to the matter, although it may be withdrawn at any stage with the permission of the court. A plea of guilty to a charge read out in court is a formal admission.

See also cautio

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *