admission (ad-mish-<<schwa>>n), n.1. Any statement or assertion made by a party to a case
and offered against that party; an acknowledgment that facts are true. Cf. CONFESSION. [Cases:
Criminal Law 405; Evidence 200–205. C.J.S. Criminal Law § 877; Evidence §§ 293, 340,
admission against interest.A person’s statement acknowledging a fact that is harmful to the
person’s position as a litigant. • An admission against interest must be made either by a litigant or
by one in privity with or occupying the same legal position as the litigant; as an exception to the
hearsay rule, it is admissible whether or not the person is available as a witness. Fed. R. Evid.
801(d)(2). A declaration against interest, by contrast, is made by a nonlitigant who is not in privity
with a litigant; a declaration against interest is also admissible as an exception to the hearsay rule,
but only when the declarant is unavailable as a witness. Fed. R. Evid. 804(b)(3). See declaration
against interest under DECLARATION(6).
admission by employee or agent.An admission made by a party-opponent’s agent during
employment and con-cerning a matter either within the scope of the agency or authorized by the
party-opponent. [Cases: Criminal Law 410; Evidence 237–245. C.J.S. Criminal Law §§
890–891; Evidence §§ 366, 433–442, 444–450, 454.]
admission by party-opponent.An opposing party’s admission, which is not considered hearsay
if it is offered against that party and is (1) the party’s own statement, in either an individual or a
representative capacity; (2) a statement of which the party has manifested an adoption or belief in
its truth; (3) a statement by one authorized by the party to make such a statement; (4) a statement
by the party’s agent concerning a matter within the scope of the agency or employment and made
during the existence of the relationship; or (5) a statement by a coconspirator of the party during
the course of and in furtherance of the conspiracy. Fed. R. Evid. 801(d)(2). [Cases: Criminal Law
405–410; Evidence 221–253. C.J.S. Criminal Law §§ 877, 880, 882–884, 887–895, 905, 932,
936–940, 942–946; Evidence §§ 293, 364, 366, 410.]
admission by silence.The failure of a party to speak after another party’s assertion of fact that,
if untrue, would naturally compel a person to deny the statement. [Cases: Criminal Law 407;
Evidence 220. C.J.S. Criminal Law § 887; Evidence §§ 390–393.]
admission in judicio.See judicial admission.
adoptive admission.An action by a party that indicates approval of a statement made by
another, and thereby acceptance that the statement is true. [Cases: Criminal Law 407; Evidence
220. C.J.S. Criminal Law § 887; Evidence §§ 390–393.]
extrajudicial admission.An admission made outside court proceedings.
implied admission.An admission reasonably inferable from a party’s action or statement, or a
party’s failure to act or speak. — Also termed tacit admission. [Cases: Evidence 265(12). C.J.S.
Evidence § 471.]
incidental admission.An admission made in some other connection or involved in the
admission of some other fact.
incriminating admission.An admission of facts tending to establish guilt. [Cases: Criminal
Law 405. C.J.S. Criminal Law § 877.]
judicial admission.A formal waiver of proof that relieves an opposing party from having to
prove the admitted fact and bars the party who made the admission from disputing it. — Also
termed solemn admission; admission in judicio; true admission. [Cases: Criminal Law 406(4);
Evidence 206, 265(7). C.J.S. Criminal Law §§ 882–884; Evidence §§ 364, 469, 472, 475–476.]
quasi-admission. An act or utterance, usu. extrajudicial, that creates an inconsistency with
and discredits, to a greater or lesser degree, a present claim or other evidence of the person
creating the inconsistency. [C.J.S. Evidence §§ 293, 340, 364–467, 469–471.]
solemn admission.See judicial admission.
tacit admission.See implied admission.
true admission.See judicial admission.
2. Acceptance of a lawyer by the established licensing authority, such as a state bar
association, as a member of the practicing bar, usu. after the lawyer passes a bar examination and
supplies adequate character references <admission to the bar>. • The entry of a lawyer on the rolls
of an integrated bar, usu. after the fulfillment of two prerequisites: graduating from law school and
passing a state bar examination. — Also termed admission to practice law. [Cases: Attorney and
Client 7. C.J.S. Attorney and Client §§ 19–22.]
admission on motion.Permanent admission of a lawyer who is in good standing in the bar of
a different state without the need for a full bar examination. [Cases: Attorney and Client 10.
C.J.S. Attorney and Client §§ 26–28.]
admission pro hac vice (proh hak vI-see or proh hak vee-chay). Temporary admission of an
out-of-jurisdiction lawyer to practice before a court in a specified case or set of cases. See PRO
HAC VICE. [Cases: Attorney and Client 10. C.J.S. Attorney and Client §§ 26–28.]
3.Patents. A concession or representation by a patent applicant that an activity, knowledge, or
a publication is prior art. • An admission requires the U.S. Patent and Trademark Office examiner
to consider the relevant item as prior art, even if it does not technically qualify as prior art. — Also
termed admission of prior art. [Cases: Patents 51(1). C.J.S. Patents §§ 31–33, 39.] [Blacks Law 8th]