Evidence

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LAW OF EVIDENCE

ASSIGNMENT #1

QUESTION:- write about something on admission

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Submitted by: Habtamu Wodaje


Submitted to: Dr. smeneh
An admission is any statement made by a party to a lawsuit which tends to support
the position of the other side or diminish his own position. Or an admission is the
testimony which the party admitting bears to the truth of a fact against himself. It is a
voluntary act, which he acknowledges as true the fact in dispute. It can be oral,
documentary or in electronic form which proposes inferences about any fact in
question or a material fact. Documentary evidence is one that is available in the form
of letters, receipts, maps and bills, etc

For example, if a husband sues his wife for divorce on the grounds of adultery, and
she states out of court that she has had affairs, her statement is an admission. Any
admission made by a party is admissible evidence in a court proceeding, even though
it is technically considered hearsay (which is normally inadmissible). Attorneys tell
their clients not to talk to anyone about their case or about the events leading up to it
in order to prevent their clients from making admissions

It, frequently occurs in practice, that in order to save expenses as to mere formal
proofs, the attorneys on each side consent to admit, reciprocally, certain facts in the
cause without calling for proof of them.These are usually reduced to writing and the
attorneys shortly add to this effect, namely, We agree that the above facts shall on the
trial of this cause be admitted, and taken as proved on each side; and signing two
copies now called, 'admissions ' in the cause, each attorney takes one.

There this thing called confession. We should distinguish it from admission. By the
term confession, we mean a legal statement made by the accused in which he/she
concedes the guilt of the offence. In contrast, admission means acceptance of truth or
fact in issue or a material fact in a civil or criminal proceeding.The confession is made
in criminal proceedings only. On the other extreme, admission is related to both civil
and criminal proceedings.The confession must be made voluntarily, in order to
become relevant. Conversely, the admission does not require voluntary expression so
as to become material. However, it effects its weight.The confession made can be
retracted easily, but once the admission is made, it cannot be retracted.The confession
is made by the person under indictment, i.e. accused. Unlike admission, wherein the
admission is made by any person, who can be the agent or even a stranger.Confession
always goes against the person making it. On the contrary, admission is used on
behalf of the person making it.

Admission play an important part in judicial proceeding. If a party in a suit or on


other proceeding prove that the other party admitted his case. The work of the court
become easier.

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