Also known as: admissions in court · admission
Written by attorneys · grounded in primary & secondary sources — see below
A statement by a party in pleadings, testimony, or other judicial proceedings that acknowledges a fact or the existence of an agreement. Such a statement may satisfy statutory requirements like the statute of frauds for sales of goods or serve as evidence against the party making it.
The prosecution offers evidence that defendant Austin Abbott committed a similar uncharged theft two years earlier to prove intent in the current case. The trial court finds sufficient evidence for the jury to conclude Abbott committed the prior act and admits the evidence after balancing its probative value against prejudice under Rule 403.
Seller sues Buyer for breach of an oral contract for 500 widgets. In its answer Buyer admits ordering exactly 300 widgets. The admission satisfies the statute of frauds to the extent of the quantity conceded and is binding against Buyer at trial.
Select any source to read its text and confirm it supports the definition.
Astra Aerospace leases a warehouse to a tenant who plans to operate a public showroom. A customer is injured by a known structural defect present at the start of the lease. The landlord faces liability because it failed to remedy the condition despite expecting public admission before repairs occurred.
Albert Allen submits a bar application containing false statements about his education and prior residences and falsely claims prior police experience. The character and fitness committee denies certification because the misrepresentations demonstrate a lack of truthfulness and moral character required for admission.
Alan Ackerman discharges student loans in bankruptcy shortly before applying for bar admission. The board reviews the filing as evidence of financial irresponsibility and denies admission on moral character grounds after determining the conduct bears a rational relationship to fitness to practice law.
Anthony Arnold, a licensed attorney residing in a neighboring state, applies for admission to the State A bar. The state denies the application solely because Arnold is not a resident. A court invalidates the residency rule as an unjustified burden on the privileges and immunities of nonresidents pursuing the common calling of law.
Under the UCC, a contract for the sale of goods is enforceable to the extent of the quantity admitted when a party acknowledges in pleadings, testimony, or otherwise in court that a contract was made. This exception prevents a party from denying the existence of an agreement it has already conceded judicially.
A judicial admission conclusively establishes the admitted fact against the party that made it and ordinarily may not be contradicted by that party at trial or on appeal.
An admission made in pleadings or testimony is generally admissible as evidence against the party in other proceedings, though it is not always conclusive outside the original action.
Dishonesty on a character and fitness questionnaire, such as false statements about education or employment, demonstrates a lack of truthfulness and supports denial of bar admission. The misconduct in the application process itself constitutes independent evidence of deficient moral character.
…probable."[^maj-14] The manuals suggest that the suspect be offered legal excuses for his actions in order to obtain an initial admission of guilt. Where there is a suspected revenge-killing, for example, the interrogator may say: "Joe, you probably didn't go out looking for this fellow with the purpose of shooting him. My…