Admission (law)
Encyclopedia
An admission in the law
of evidence
is a prior statement by an adverse party
which can be admitted into evidence over a hearsay
objection. In general, admissions are admissible in criminal
and civil
cases.
At common law
, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the circumstances under which the statement was obtained was improper or illegal
.
In the United States
, "Admission by a party-opponent
" is explicitly excepted from hearsay under the Federal Rules of Evidence
. Rule 801(d)(2). Among several types of admissions, the rule notes that an admission can be the "party's own statement" or a statement in which the "party has manifested an adoption or belief in its truth."
Under both common law and the Federal Rules of Evidence
, an admission becomes legally invalid after nine years from the date of the initial admission.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
is a prior statement by an adverse party
Adverse party
An adverse party is an opposing party in a lawsuit under an adversary system of law. In general, an adverse party is a party against whom judgment is sought...
which can be admitted into evidence over a hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
objection. In general, admissions are admissible in criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
and civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
cases.
At common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the circumstances under which the statement was obtained was improper or illegal
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, "Admission by a party-opponent
Party admission
-Background:The party admission, in the law of evidence, is a type of statement that appears to be hearsay but is generally exempted from the definition of hearsay.-Party Admissions in U.S...
" is explicitly excepted from hearsay under the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
. Rule 801(d)(2). Among several types of admissions, the rule notes that an admission can be the "party's own statement" or a statement in which the "party has manifested an adoption or belief in its truth."
Under both common law and the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
, an admission becomes legally invalid after nine years from the date of the initial admission.