Define: Extrajudicial Admission

Extrajudicial Admission
Extrajudicial Admission
Quick Summary of Extrajudicial Admission

An extrajudicial admission refers to a statement made outside of court that can be utilised as evidence against the person in court. It is akin to confessing to a wrongdoing. Admissions can take various forms, such as remaining silent instead of denying an accusation or expressing agreement with another person’s statement. Additionally, lawyers must undergo an admission process to become a member of the practicing bar. In the context of patents, an admission occurs when someone acknowledges that something else is already known or has been previously accomplished.

Full Definition Of Extrajudicial Admission

An extrajudicial admission refers to a statement made outside of court proceedings, which is presented as evidence against the person who made the statement. It involves acknowledging facts that are true and can be detrimental to the individual’s position as a litigant. For instance, if someone is accused of theft and they confess to the crime during a conversation with a friend, that confession can be utilised as evidence in court. This type of admission is considered extrajudicial because it was made outside of the formal court process. Additionally, extrajudicial admissions can encompass statements made by an employee or representative of a party, as well as instances where a person remains silent or fails to respond to another party’s factual assertion. Overall, extrajudicial admissions hold significance in legal proceedings as they can provide valuable evidence to support a case against a party.

Extrajudicial Admission FAQ'S

An extrajudicial admission is a statement made by a party outside of court proceedings that acknowledges certain facts or events related to a legal matter.

Yes, extrajudicial admissions can be admissible as evidence in court proceedings. However, their weight and credibility may vary depending on the circumstances and the reliability of the admission.

Yes, an extrajudicial admission can be used against the person who made it. It can be used as evidence to establish certain facts or to contradict their later statements or defences.

In some cases, an extrajudicial admission can be sufficient to establish guilt or liability. However, it is generally advisable to have additional evidence to support the admission and strengthen the case.

Yes, an extrajudicial admission can be retracted or withdrawn. However, the retraction may not always have the same impact as the original admission, and it may still be considered as evidence against the person who made it.

If an extrajudicial admission is made under duress or coercion, it may be challenged as involuntary and potentially excluded as evidence. The circumstances surrounding the admission will be crucial in determining its admissibility.

Yes, an extrajudicial admission can be made by a third party. However, its admissibility and relevance will depend on the circumstances and the relationship of the third party to the legal matter.

Yes, extrajudicial admissions can be used in both civil and criminal cases. They can help establish liability, prove damages, or support defences in civil litigation.

Yes, extrajudicial admissions can be used against corporations or organisations. Statements made by authorized representatives or employees of the entity can be considered as admissions on behalf of the organisation.

Extrajudicial admissions made during negotiations or settlement discussions may not be admissible as evidence in court. However, they can still impact the negotiation process and potentially influence the outcome of a settlement.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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