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Criminal Procedure

2012

Pace Law Review

Admissions

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Admissions: What They Are And How They Can Impact Litigation, William J. Giacomo Oct 2012

Admissions: What They Are And How They Can Impact Litigation, William J. Giacomo

Pace Law Review

Since everything said or submitted to court is on some level an admission, an attorney must know what he or she is admitting and how it may affect his or her case. This Article will examine two cases that present common situations during litigation where an admission may occur. In doing so, it will examine the background of admissions under the Federal Rules of Evidence, the various modes in which admissions are presented, and whether the effect of an admission in the litigation is formal (binding) or informal (rebuttable). Armed with that information, this Article will then suggest answers to …