Podcast
Questions and Answers
What is the critical requirement for an admission to be considered valid?
What is the critical requirement for an admission to be considered valid?
- The admission must be expressed in written form.
- The admitter must have the legal capacity to dispose of the subject of the admission. (correct)
- The admission needs to be ratified by a legal guardian.
- The admission must be made in a court of law.
An implicit admission occurs when a person explicitly states a fact unfavorable to their case.
An implicit admission occurs when a person explicitly states a fact unfavorable to their case.
False (B)
Under what circumstances can non-judicial admissions be disallowed?
Under what circumstances can non-judicial admissions be disallowed?
When evidence by testimony is not permissible.
An admission is considered __________ if it is made by a litigant directly before the court or via remote communication technology concerning a legal fact alleged against them.
An admission is considered __________ if it is made by a litigant directly before the court or via remote communication technology concerning a legal fact alleged against them.
Match the type of admission with its description:
Match the type of admission with its description:
Under what condition might the court disregard a litigant's failure to appear for questioning?
Under what condition might the court disregard a litigant's failure to appear for questioning?
A court cannot accept testimonial evidence if a litigant fails to appear for questioning without an acceptable excuse.
A court cannot accept testimonial evidence if a litigant fails to appear for questioning without an acceptable excuse.
Who is authorized to question the defendant? (Choose all correct answers)
Who is authorized to question the defendant? (Choose all correct answers)
The court or supervising judge will __________ any question that is not relevant or productive to the case.
The court or supervising judge will __________ any question that is not relevant or productive to the case.
When a litigant objects to a question, what action must they take?
When a litigant objects to a question, what action must they take?
If a litigant lacks capacity, a court may not question his legal representative.
If a litigant lacks capacity, a court may not question his legal representative.
Besides direct testimony, list another form in which an admission can be made.
Besides direct testimony, list another form in which an admission can be made.
For an admission to be disallowed, the content of the admission must be __________.
For an admission to be disallowed, the content of the admission must be __________.
What is considered an example of an implicit admission?
What is considered an example of an implicit admission?
A non-judicial admission can be established by testimony in cases where evidence by testimony is permissible.
A non-judicial admission can be established by testimony in cases where evidence by testimony is permissible.
Flashcards
What is an admission?
What is an admission?
A declaration by a person acknowledging a right owed to another.
What is judicial admission?
What is judicial admission?
Confession made in court, directly or via remote technology, concerning a legal fact alleged against the litigant during proceedings relating to this fact.
Non-judicial Admission
Non-judicial Admission
An admission that doesn't occur before the court or concerns a dispute in another case.
Validity of Admission
Validity of Admission
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Forms of Admission
Forms of Admission
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When is Admission not admissible?
When is Admission not admissible?
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Establishing Non-Judicial Admission
Establishing Non-Judicial Admission
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Court Questioning
Court Questioning
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Litigant Questioning
Litigant Questioning
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Appearance for questioning
Appearance for questioning
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Questioning Legal representative
Questioning Legal representative
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Answering Questions
Answering Questions
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Banning questions
Banning questions
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Questions and Answers
Questions and Answers
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Signing of the minutes
Signing of the minutes
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Study Notes
- Admission is a declaration by a person regarding a right they owe to someone else.
- Admissions can be judicial or non-judicial.
Judicial Admission
- Defined as a litigant's confession before the court, made directly or via remote communication.
- Must concern a legal fact alleged against them, within ongoing proceedings related to this fact.
- Can occur whether the court is actively examining the case or under the supervision of a judge.
- It is not judicial, if it does not occur before the court or involves a dispute from a separate case
Validity of Admission
- The person making the admission must have the capacity to dispose of the subject of their admission.
- A discerning child authorized to buy and sell, their admission is valid to the extent of their authorization.
- Guardians have valid admissions regarding actions taken within their jurisdictional limits.
Explicit and Implicit Admissions
- Admissions can be explicit or implicit, oral or written.
- The example of paying an invoice for damages without objection demonstrates implicit admission.
Inadmissible Admission
- Admissions should not be admissible if it is apparentlyfalse.
- For example, an admission by Ali saying he borrowed money from Ahmed on a specific date, however Ahmed died earlier than the mentioned date, or if a person acknowledges the paternity of another person who is older than him.
Non-judicial Admission
- Non-judicial admissions cannot be established by testimony when testimonial evidence isnt allowed.
Court Questioning of Litigants
- The court or supervising judge can question litigants, either sua sponte or at a litigant's request.
Litigant Questioning
- Litigants can question their opponents directly with court/judge approval.
Court Orders
- The court can order a party to appear for questioning, either suo sponte or upon request.
- Those ordered to appear must attend scheduled hearings.
- Remote communication technology can be used if a litigant has an acceptable excuse preventing in-person appearance.
- If remote communication is impossible, the supervising judge may travel to hear the statements.
- For questioning before the court one of its judges may be delegated to question him.
- The court sets the date and place for hearing statements.
- Minutes are recorded and signed by the delegated/supervising judge and the clerk.
- Failure to appear or refusal to answer without justification allows the court to draw its own conclusions.
- The court may accept testimonial evidence in cases where that is not admissible
Questioning Legal Representatives
- If a litigant lacks capacity, their legal representative may be questioned.
- The court may question the litigant lacking capacity if they are discerning and authorized in the matters being examined.
- If the litigant is a legal person, its legal representative may be questioned.
Directing and Answering Questions
- Courts can direct questions to any litigants or use questions requested by another litigant.
- Questions must be answered during the same hearing unless a different date is deemed necessary by the court/judge,.
- Litigants can object to questions, explaining their reasoning.
- The court may ban irrelevant, unproductive, or inadmissible questions.
- Questions and answers are recorded in the hearing minutes.
- Minutes are read out to the present litigants for corrections and signed by the judge and clerk.
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