December 12, 2013

Evidence
When is evidence admissible?
Immaterial Irrelevant Inadmissible

Characteristics of Judicial Admission A judicial admission is NOT made by an ordinary witness, it must be made by a party. It must be made in the same case but in the course of the proceedings. Even if there is admission in court in another case, with respect to other cases, that would not be a judicial admission. It could either be verbal or in writing. Is an admission in a complaint, answer, cross-claim, counterclaim, etcare they considered as Judicial Admissions? Yes because pleadings are filed in court, part of the proceeding. When the Court made an occular inspection of a crime scene, the accused member of the prosecution made an admission, is that JA? Yes, an ocular inspection by the court itself is part of the criminal proceeding. Is an admission in a pre-trial conference a JA? Yes because a pre-trial is a part of the proceedings Is the failure to make a specific denial of a material allegation of a complaint considered to be an implied judicial admission? Material allegations which are not denied specifically, are they JA? Yes What if you did not follow the modes of denial? You failed to make a specific denial? Yes, it may not be expressed but it shall be an implied Judicial Admission A general denial is an admission, a negative pregnant is an admission.

December 12, 2013 Are all allegations in a complaint not specifically denied deemed admitted? No, only the material allegations.