Evidence by Admission - Week2

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Questions and Answers

Under what circumstances can a litigant's statements be heard through remote communication technology?

If the litigant has an acceptable excuse preventing them from appearing in person for questioning.

If a litigant fails to appear for questioning without an acceptable excuse, what actions can the court take?

The court may draw its own conclusions and accept testimonial evidence, even if it is not normally admissible.

If a litigant lacks capacity, who can be questioned in their place?

Their legal representative.

Under what circumstances can the court or supervising judge question a litigant who lacks capacity directly?

<p>If they are discerning in the matters for which they are authorized.</p> Signup and view all the answers

What is the process for answering questions during a hearing?

<p>Answers are typically given during the same hearing, unless the court or supervising judge deems it necessary to schedule another date.</p> Signup and view all the answers

How does the court or supervising judge handle objections to questions directed to a litigant?

<p>They evaluate the reason for objection and ban any question deemed irrelevant, unproductive, or inadmissible.</p> Signup and view all the answers

What is the purpose of recording questions and answers in the minutes of the hearing?

<p>To ensure accuracy and transparency, as well as allowing the questioned litigant to correct any answers they deem necessary.</p> Signup and view all the answers

What is the role of the supervising judge when a litigant fails to appear for questioning?

<p>The supervising judge can move to the litigant's location to hear their statements if remote communication technology is not possible.</p> Signup and view all the answers

Explain the difference between judicial and non-judicial admissions, providing specific examples from the text.

<p>A judicial admission is a confession of a legal fact made by a litigant directly to the court during a legal proceeding. For instance, a defendant admitting guilt in court is a judicial admission. A non-judicial admission, on the other hand, occurs outside of a legal proceeding. An example is a debtor acknowledging their debt in a letter to their creditor without being in court.</p> Signup and view all the answers

Under what circumstances might an admission be deemed invalid? Provide specific examples.

<p>Admissions can be deemed invalid if the person making the admission lacks the capacity to dispose of the subject matter. For example, the admission of a minor regarding a contract they are not legally allowed to enter into would be invalid. Similarly, admissions made under duress or coercion, or if demonstrably false, can be deemed invalid.</p> Signup and view all the answers

Describe the concept of implicit admission, providing an example from the text.

<p>An implicit admission is a declaration that, while not directly stating a fact, can be inferred from the actions or conduct of the person. The text gives the example of someone receiving an invoice for damages and paying it without objecting, which can be interpreted as an implicit admission of liability.</p> Signup and view all the answers

Explain how a court or supervising judge can question litigants during a legal proceeding. Provide specific examples from the text.

<p>The court or supervising judge has the authority to question litigants both <em>sua sponte</em> (on their own initiative) and at the request of a party involved in the case. The court can also order a party to appear for questioning, compelling their attendance at a scheduled hearing.</p> Signup and view all the answers

Identify the different ways litigants can question opposing parties in court, with specific examples.

<p>Litigants can directly question opposing parties who are present in court with the approval of the court or supervising judge. Alternatively, a party can question their opponent through other means, such as remote communication technology, under the court's supervision.</p> Signup and view all the answers

What is the significance of evidence by testimony in relation to non-judicial admissions? Explain using examples from the text.

<p>Non-judicial admissions cannot be established by testimony if evidence by testimony is not permissible. For instance, if a person's statement outside court is the only evidence, and testimony is not allowed, then that non-judicial admission cannot be used as evidence.</p> Signup and view all the answers

How does the text define an 'admission' in the context of legal proceedings? Provide a concise definition.

<p>An admission is a declaration by a person acknowledging a right owed to another person. This declaration can be made either explicitly or implicitly, orally or in writing.</p> Signup and view all the answers

Discuss the implications of an admission being deemed "apparently false". What are the potential consequences for the admitter? Provide specific examples from the text.

<p>An admission considered &quot;apparently false&quot; will likely be deemed inadmissible in court. Examples in the text include a person admitting to borrowing money from someone who has already passed away. In such cases, the admission lacks credibility and can harm the admitter's case in court.</p> Signup and view all the answers

Flashcards

Admission

A declaration by a person acknowledging a right owed to another.

Judicial Admission

Confession of a legal fact made before the court or via remote technology.

Non-Judicial Admission

Confession not made before the court or regarding another case's dispute.

Validity of Admission

An admission is valid if the admitter has capacity and jurisdiction to admit.

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Remote questioning

Hearing statements via technology due to absence.

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Explicit vs Implicit Admission

An admission can be explicit (direct) or implicit (suggested, like paying a bill).

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False Admission

An admission is not permissible if the claim contradicts facts (like borrowed money posthumously).

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Litigant's absence

Litigant may miss court with an acceptable excuse.

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Legal representative

Person authorized to act for someone unable to appear.

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Questioning Litigants

The court may question present litigants directly or at a party's request.

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Objection to a question

Litigant can object to certain questions asked.

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Attendance for Questioning

Parties ordered by the court must attend the scheduled questioning hearing.

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Minutes of the hearing

Official record of questions and answers during court.

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Admissibility of evidence

Certain evidence may not be accepted in court.

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Corroborating evidence

Additional evidence that can validate a presence or claims.

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Question scheduling

Court may schedule another date to answer questions.

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Study Notes

Evidence by Admission and Questioning of Litigants

  • Admission is a declaration by a person regarding a right owed to another.
  • Two types of admission: judicial and non-judicial.
  • Judicial admission occurs when a litigant confesses a legal fact, either directly or through remote communication, during legal proceedings related to that fact, irrespective of whether it is before the court or a supervising judge.
  • Non-judicial admission does not occur before court or if it involves a dispute raised in another case.
  • For an admission to be valid, the person making the admission must have the capacity to dispose of the subject of the admission.
  • A discerning child authorized to buy and sell can make a valid admission to the extent of their authority.
  • A guardian's admission is valid within the limits of their jurisdiction.
  • Admissions can be explicit (direct) or implicit (implied).
  • An example of an implicit admission is receiving an invoice for damages, and paying it without objection.
  • Admissions are not admissible if they are demonstrably false (e.g., claiming to borrow money from someone who is already deceased).
  • Non-judicial admission cannot be established by testimony if evidence by testimony is not permissible.
  • The court or supervising judge can question litigants, either on their own initiative or at the request of a litigant, in the present.
  • Any litigant may question their opponent, with court approval..
  • If a litigant lacks capacity, their legal representative can be questioned, and if the litigant is discerning, the court or supervising judge can still question them.
  • If the litigant is a legal person, their legal representative is questioned.
  • The court ensures questions are relevant, productive, and admissible. Litigant objections are noted, and questions are followed-up in the hearing.
  • Recorded answers are crucial and the minutes are signed by the judge and clerk.

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Evidence by Admission and Questioning of Litigants PDF

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