admissions

Confessions, concessions or voluntary acknowledgments made by a party of the existence of certain facts. More accurately regarded, they are statements by a party, or some one identified with him in legal interest, of the existence of a fact which is relevant to the cause of his adversary. A voluntary acknowledgement made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action. Vockie v. General Motors Corp., Chevrolet Division, D.C.Pa., 66 F.R.D. 57, 60.

An admission is not limited to words, but may also include the demeanor, conduct and acts of the person charged with a crime. People v. Baldi, 80 Misc.2d 118, 362 N.Y.S.2d 927, 933

Distinguished from confession.

A confession is a statement admitting or acknowledging all facts necessary for conviction of the crime. An admission, on the other hand, is an acknowledgment of a fact or facts tending to prove guilt which falls short of an acknowledgment of all essential elements of the crime. Gladden v. Unsworth, 9th Cir., 396 F.2d 373, 375 n. 2; People v. Fitzgerald, 56 Cal.2d 855, 861, 17 Cal.Rptr. 129, 132, 366 P.2d 481, 484.

The term "admission" is usually applied to civil transactions and to those matters of fact in criminal cases which do not involve criminal intent, while the term "confession" is generally restricted to acknowledgments of guilt. People v. Sourisseau, 62 Cal.App.2d 917, 145 P.2d 916, 923.

- request (request for admission).

- tacit admissions

@ admissions by silence

If a statement is made by another person in the presence of a party to the action, containing assertions of facts which, if untrue, the party would under all the circumstances naturally be expected to deny, his failure to speak has traditionally been receivable against him as an admission. Failure of one not under arrest to respond by denial to accusation of crime, or element of crime, may be construed as admission of guilt if such person understood accusation and could have responded.

See also estoppel

- silence

@ admissions against interest

A statement made by one of the parties to an action which amounts to a prior acknowledgment by him that one of the material facts relevant to the issues is not as he now claims. Nagel v. Hopingardner, Tex.Civ.App., 464 S.W.2d 472, 476.

Any statements made by or attributable to a party to an action, which constitute admissions against his interest and tend to establish or disprove any material fact in the case. Kellner v. Whaley, 148 Neb. 259, 27 N.W.2d 183, 189

@ admissions by party-opponent

A statement is not hearsay if the statement is offered against a party and is

(A) his own statement, in either his individual or a representative capacity, or

(B) a statement of which he has manifested his adoption or belief in its truth, or

(C) a statement by a person authorized by him to make a statement concerning the subject, or

(D) a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship, or

(E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. Fed.Evid.R. 801(dX2)

@ adoptive admission

Action by a party in which he approves statement of one for whom he is responsible thereby accepting truth of statement. Silence, actions, or statements which manifest assent to the statements of another person. Such may be received into evidence as admissions of the defendant if it can be shown that the defendant adopted the statements as his own.

See Fed.Evid.R. 801(dX2XB).

@ criminal admissions

A statement by accused, direct or implied, of facts pertinent to issue, and tending, in connection with proof of other facts, to prove his guilt. State v. Johnson, 277 Minn. 368, 152 N.W.2d 768, 773.

The avowal of a fact or of circumstances from which guilt may be inferred, but only tending to prove the offense charged, and not amounting to a confession of guilt. A statement by defendant of fact or facts pertinent to issues tending, in connection with proof of other facts or circumstances, to prove guilt, but which is, of itself, insufficient to authorize conviction. Does not include statements which are part of the res gestae. State v. Clark, 102 Mont. 432, 58 P.2d 276, 278.

Discovery practice.

Requests for admissions in civil actions are governed by Fed.R. Civil P. 36. Any matter admitted under Rule 36 is conclusively established unless the court on motion permits withdrawal or amendment of the admission.

See request (request for admission)

- stipulation.

@ extrajudicial admissions

Those made outside of court.

@ implied admissions

Implied admissions are those which result from some act or failure to act of the party; e.g. part payment of a debt is an admission of liability to pay debt.

@ incidental admissions

Incidental admissions are those made in some other connection, or involved in the admission of some other fact.

@ judicial admissions

Judicial admissions are those made in court by a person's attorney for the purpose of being used as a substitute for the regular legal evidence of the facts at the trial. A formal waiver of proof that relieves opposing party from making proof of admitted fact and bars party who made admission from disputing it. E-Tex Dairy Queen, Inc. v. Adair, Tex.Civ.App., 566 S.W.2d 37, 39.

Such as are made voluntarily by a party, which appear of record in the proceedings of the court. Formal acts done by a party or his attorney in court on the trial of a cause for the purpose of dispensing with proof by the opposing party of some fact claimed by the latter to be true. Hofer v. Bituminous Gas. Corp., 260 Iowa 81, 148 N.W.2d 485, 486.

Pleading.

The acknowledgment or recognition by one party of the truth of some matter alleged by the opposite party, made in a pleading, the effect of which is to narrow the area of facts or allegations required to be proved by evidence. Averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. Fed.R. Civil P. 8(d).

@ admissions tax

Form of tax imposed as part of price of being admitted to a particular function or event

@ admission to sufficient facts

Also called "submission to a finding", means an admission to facts sufficient to warrant a finding of guilty. Com. v. Duquette, 386 Mass. 834, 438 N.E.2d 334, 338

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