Also known as:admits · admitted · admitting · admission · admissions · admittance · confession · bar admission
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
acknowledge or concede
A statement or action by which a party concedes the truth of a fact or the validity of a claim. The concession may occur in pleadings, testimony, or other court filings and limits the issues that must be proved at trial.
2
allow entry or acceptance
The grant of permission to enter a place, status, or profession. The grant may be by statute, court order, or regulatory body and carries legal consequences such as jurisdiction or the right to practice.
Each sense below has its own examples, sources, and questions.
Sense 1
1
acknowledge or concede
A statement or action by which a party concedes the truth of a fact or the validity of a claim. The concession may occur in pleadings, testimony, or other court filings and limits the issues that must be proved at trial.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Common Law
Examples2
Unmarried Father Admits Paternity
Albert Allen, an unmarried biological father, files a pleading admitting paternity of his newborn child and begins regular visits and support payments. Because he has manifested parental responsibility through the admission and other acts, the court recognizes his right to object to a proposed adoption.
Pretrial Admissions Sought
Aether Technologies and Apollo Energy appear at a pretrial conference. The court directs the parties to stipulate or admit the authenticity of engineering drawings to narrow the issues for trial. The resulting admissions limit proof required at hearing.
Frequently Asked3
How does an admission of a fact differ from an admission of evidence?+
An admission of a fact is a party's concession that a particular assertion is true, which removes the need for proof on that point. Admission of evidence is a court's ruling that proffered proof may be presented to the fact-finder. The two uses of the term therefore operate at different stages and produce different procedural consequences.
Supporting sources
When does an individual's admission of paternity affect adoption rights?+
An unmarried biological father's admission of paternity, combined with other manifestations of parental responsibility such as regular visitation and support, gives him a constitutionally protected opportunity to develop a relationship with the child. That admission can therefore give him standing to object to or veto an adoption.
Sense 2
2
allow entry or acceptance
The grant of permission to enter a place, status, or profession. The grant may be by statute, court order, or regulatory body and carries legal consequences such as jurisdiction or the right to practice.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Constitution
Examples4
Victim Trait Evidence Offered
Abigail Alvarez is charged with assault. She offers testimony that the alleged victim has a reputation for violence. The court admits the evidence of the victim's pertinent trait. Once admitted, the prosecutor may rebut with evidence of Abigail's own violent character.
Diversity Jurisdiction Dispute
Austin Abbott, a U.S. citizen domiciled in Florida, sues Aisha Ahmed, a citizen of Canada who holds permanent-resident status and also lives in Florida. The court refuses jurisdiction under section 1332(a)(2) because Aisha was lawfully admitted for permanent residence and is domiciled in the same state as Austin.
State Compact With Foreign Power
Audrey Ashton, governor of a coastal state, seeks to enter an agreement with a neighboring foreign nation to share port facilities. The compact is invalid without congressional consent because the Constitution prohibits states from entering agreements with foreign powers that would admit of no delay in execution.
Frequently Asked2
Does lawful admission for permanent residence always confer diversity jurisdiction?+
No. A permanent resident who is domiciled in the same state as a U.S. citizen is treated as a citizen of that state for diversity purposes. The district court therefore lacks original jurisdiction under section 1332(a)(2) even though the individual was lawfully admitted for permanent residence.
Supporting sources
Under what condition may an out-of-state lawyer provide services in another jurisdiction?+
The lawyer may provide services when they are undertaken in association with a lawyer who is admitted in the jurisdiction and who actively participates in the matter. The association exception permits temporary practice that would otherwise violate unauthorized-practice rules.
What consequence follows when a party fails to respond to requests for admission?+
At a pretrial conference the court may direct parties to stipulate or admit facts and documents, thereby narrowing the matters that must be proved at trial under Rule 16(c)(2)(C).
Supporting sources
Out-of-State Lawyer Associates Locally
Andrew Avery, admitted only in State B, wishes to handle a matter in State A. He associates with Astra Aerospace's in-house counsel who is admitted in State A and actively participates in the representation. The temporary practice is permitted under the association exception.
to the public schools of their community on a nonsegregated basis. In each instance they had been denied
admission
to schools attended by white children under laws requiring or permitting…
EvidencePresentation of evidence · Introduction of evidenceUBEFoundational