ADMISSION - An admission is any
statement made by a party to a lawsuit (either before
a court action or during it) which tends to support
the position of the other side or diminish his own
position. For example, if a husband sues his wife
for divorce on the grounds of adultery, and she states
out of court that she has had affairs, her statement
is an admission. Any admission made by a party is
admissible evidence in a court proceeding, even though
it is technically considered hearsay (which is normally
inadmissible). Attorneys tell their clients not to
talk to anyone about their case or about the events
leading up to it in order to prevent their clients
from making admissions.
In Corporations Or Companies. The act of the 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.
All that can be required of the person demanding
a transfer on the books, is to prove to the corporation
his right to the property.
In a Mutual Insurance Company, it has been held,
that a person may become a member by insuring his
property, paying the premium and deposit-money, and
rendering himself liable to be assessed according
to the rules of the corporation. In Evidence. Concessions
by a party of the existence of certain facts. The
term admission is usually applied to civil transactions,
and to matters of fact in criminal cases, where there
is no criminal intent the term confession is generally
considered as an admission of guilt.
An admission is the testimony which the party admitting
bears to the truth of a fact against himself. It is
a voluntary act,which he acknowledges as true the
fact in dispute. [An admission and consent are, in
fact, one and the same thing, unless indeed for more
exactness we say, that consent is given to a present
fact or agreement, and admission has reference to
au agreement or a fact anterior for properly speaking,
it is not the admission which forms a contract, obligation
or engagement, against the party admitting. The admission
is, by its nature, only the proof of a pre-existing
obligation, resulting from the agreement or the fact,
the truth of which is acknowledged. There is still
another remarkable difference between admission and
consent: the first is always free in its origin, the
latter, always morally forced. I may refuse to consent
to a proposition made to me, abstain from a fact or
an action which would subject me to an obligation
; but once my consent is given, or the action committed,
I am no longer at liberty to deny or refuse either;
I am constrained to admit, under the penalty of dis-honor
and infamy. But notwithstanding all these differences,
admission is identified with consent, and they are
both the manifestation of the will. These admissions
are generally evidence of those facts, when the admissions
themselves are proved.]
The admissibility and effect of evidence of this
description will be considered generally, with respect
to the nature and manner, of the admission itself
and, secondly, with respect to the parties to be affected
by it.
In the first place, as to the nature and manner of
the admission; it is either made with a view to evidence;
or, with a view to induce others to act upon the representation;
or, it is an unconnected or casual representation.
As an instance of admission made with a view to evidence
may be mentioned the case where a party has solemnly
admitted a fact under his hand and seal, in which
case he is, estopped, not only from disputing the
deed itself, but every fact which it recites.
Instances of thing second class of admissions which
have induced others to act upon them are those where
a man has cohabited with a woman, and treated her
in the front of the world as his wife, or where he
has held himself out to the world in a particular
character he cannot in the one case deny her to be
his Wife when sued by a creditor who has supplied
her with goods as such, nor in the other can he divest
himself of the character be has assumed.
Where the admission or declaration is not direct
to the question pending, although admissible, it is
not in general conclusive evidence; and though a party
may by falsifying his former declaration, show that
he has acted illegally andimmorally, yet if he is
not guilty of any breach of good faith in the existing
transaction, and has not induced others, to act upon
his admission or declaration, nor derived any benefit
from it against his adversary, be is not bound by
it. The evidence in such cases is merely presumptive,
and liable to be rebutted.
Secondly, with respect to the parties to be affected
by it. 1. By a party to a suit. The admissions of
the party really interested, although he is no party
to the suit, are evidence.
The admissions of a partner during the existence
of a partnership, are evidence against both According
to the English decisions, it seems, the admissions
of one partner, after the dissolution, have been holden
to bind the other partner; this rule has been partially
changed by act of parliament. In the Supreme Court
of the United States, a rule, the reverse of the English,
has been adopted, mainly on the ground, that the admission
is a new contract or promise, springing out of, ana
supported by the original consideration. The state
courts have varied in their decisions some have adopted
the English rule and, in others it has been overruled.
3. By one of several persons who have a community
of interest.
4. By an agent.
5. By an attorney.
Admissions Are Express Or Implied. An express admission
is one made in direct terms. An admission may be implied
from the silence of the party, and may be presumed.
As for instance, when the existence of the debt, or
of the particular right, has been asserted in his
presence, and he has not contradicted it. And an aquiescence
and endurance, when acts are done by another, which
if wrongfully done, are encroachments, and call for
resistance and opposition, are evidence, as a tacit
admission that such acts could not be legally resisted.
Of Attorneys And Counsellors. To entitle counsellors
and attorneys to practice in court, they must be admitted
by the court to practice there. Different statutes
and rules have been made to regulate their admission;
they generally require a previous qualification by
study under the direction of some practicing counsellor
or attorney. In Pleading. Where one party means to
take advantage of, or rely upon some matter alleged
by his adversary, and to make it part of his case,
he ought to admit such matter in his own pleadings;
as if either party states the title under which his
adversary claims, in which instances it is directly
opposite in its nature to a protestation. See Prote
stando. But where the party wishes to prevent the
application of his pleading to some matter contained
in the pleading of his adversary, and therefore makes
an express admission of such matter (which is sometimes
the case,) in order to exclude it from the issue taken
or the like, it is somewhat similar in operation and
effect, to a protestation.
The usual mode of making an express admission in
pleading, is, after saying that the plaintiff ought
not to have or maintain his action, to proceed thus,
'Because he says that although it be true that' repeating
such of the allegations of the adverse party as are
meant to be admitted. Express admissions are only
matters of fact alleged in the pleadings; it never
being necessary expressly to admit their legal sufficiency,
which is always taken for granted, unless some objection
be made to them.
In chancery pleadings admissions are said to be plenary
and partial. They are plenary by force of terms not
only when the answer runs in this form, 'the defendant
admits it to be true,' but also when he simply asserts,
and generally speaking, when be says that 'he has
been informed, and believes it to be true,' without
adding a qualification such as, 'that he does not
know it of his own knowledge to be so, and therefore
does not admit the same.' Partial admissions are those
which are delivered in terms of uncertainty, mixed
up as they frequently are, with explanatory or qualifying
circumstances.
In Practice. It, frequently occurs in practice, that
in order to save expenses as to mere formal proofs,
the attorneys on each side consent to admit, reciprocally,
certain facts in the cause without calling for proof
of them.
These are usually reduced to writing and the attorneys
shortly add to this effect, namely, ' We agree that
the above facts shall on the trial of this cause be
admitted, and taken as proved on each side;' and signing
two copies now called, 'admissions ' in the cause,
each attorney takes one.
