ADMISSIONS - Black's Law Dictionary

What is ADMISSIONS? Definition of ADMISSIONS in Black's Law Dictionary

Confessions, concessions or volun- tary acknowledgments made by a party of the existence of certain facts. Roosevelt v. Smith, 40

N.Y.S. 381, 17 Misc. 323. More accurately regard- ed, they are statements by a party, or some one identified with him in legal interest, of the ex- istence of a fact which is relevant to the cause of his adversary. Brooks v. Sessoms, 171 S.E. 222, 223, 47 Ga.App. 554. They are against the interest of the party making them. Little Fay Oil Co. v. Stanley, 90 Okl. 265, 217 P. 377, 378.

It is not essential that an "admission" be contrary to interest of party at time it is made; it is enough if it be inconsistent with position which party takes either in pleadings or at trial. Harvey v. Provandie, 83 N.H. 236, 141 A. 136, 140.

The term "admission" is usually applied to civil trans- actions 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. Peo- ple v. Sourisseau, 62 Cal.App.2d 917, 145 P.2d 916, 923. State v. Lindsey, 26 N.M. 526, 194 P. 877, 878.

An "admission" as applied in criminal cases is 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. Theis v. State, Ga., 164 S. E. 456, 457. 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. Commonwealth v. Elliott, 292 Pa. 16, 140 A. 537, 538. Does not include statements which are part of the res gestw. State v. Clark, 102 Mont. 432, 58 P.2d 276, 278.

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. Part payment of a debt is an admission of liability to pay debt. Hart v. Deshong, Del., 1 Terry 218, 8 A.2d 85, 87. Defendants' failure to specifi- cally deny their signatures to notes, "admission" that they signed the acknowledgments. Haas v. Johnson, 203 La. 697, 14 So.2d 606, 608. Undenied accusations were implied "admission". State v. Postal, 215 Minn. 427, 10 N.W.2d 373, 378.

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

Judicial admissions are those made in court by a per- son's attorney for the purpose of being used as a substitute for the regular legal evidence of the facts at the trial. Martin v. State, 46 Okl.Cr. 411, 287 P. 424. 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. Wiley v. Rutland R. Co., 86 Vt. 504, 86 A. 808, 810. Concession by defendant that she had executed a bill of sale for the automobile to intervener to secure an indebtedness was an "admission in judicio" by defendant against her title to the automo- bile. McDay v. Long, 63 Ga.App. 421, 11 S.E.2d 395, 399. But opening statements of counsel are not, technically, "admissions." Wilkey v. State ex rel. Smith, 238 Ala. 595, 192 So. 588, 591. See Acquiescence; Quasi-Admissions; True Admission.

Pleading

The acknowledgment or recognition by one par- ty 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. Connecticut Hospital v. Brookfield, 69 Conn. 1, 36 A. 1017.

An allegation not denied is deemed not controverted, and silence of pleader is usually treated as an admission against him for purpose of the action. Doughty v. Pallis- sard, 3 N.Y.S.2d 452, 453, 167 Misc. 55. Generally plead- ings must be regarded as "judicial admissions", rather than ordinary "admissions". Hughes v. Fort Worth Nat. Bank, Tex.Civ.App., 164 S.W.2d 231, 232.

In confession and avoidance, admission of truth of op- posite party's pleading is made.

Express admissions may be made of matters of fact only. See Confession and Avoidance.

In Equity. Partial admissions are those which are de- livered 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 knowl- edge. See Burrell v. Hackley, C.C.N.Y., 35 F. 833.

"Admissions against interest" are any state- ments made by or attributable to a party to an action, which constitute admissions against his interest and tend to establish or disprove any ma- terial fact in the case. Kellner v. Whaley, 148 Neb. 259, 27 N.W.2d 183, 189.

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