If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - admission against interest

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Definition of admission against interest

An admission against interest refers to a statement made by someone involved in a legal case (a "party") that, at the time it was spoken, was so damaging to their own financial, property, or criminal standing that it is considered highly reliable. Because people generally do not make statements that harm their own interests unless they are true, courts often allow such statements to be presented as evidence, even if they were made outside of a courtroom. This is a key reason why such statements can be used in court, despite the general rule against using "hearsay" (out-of-court statements).

  • Financial Harm Example: Imagine a driver involved in a minor fender-bender. While exchanging insurance information with the other driver, they sigh and say, "I was looking at my phone and didn't see you stop."
    Explanation: This statement is an admission against interest because it directly implicates the driver's fault in the accident. This admission could lead to them being held financially responsible for damages, making it a statement against their pecuniary (financial) interest.
  • Property Harm Example: During a casual conversation with a neighbor, a homeowner mentions, "I know that old shed is technically on your property, but I've been using it for years." Later, a property line dispute arises between them.
    Explanation: This statement is an admission against interest because it acknowledges that the shed, which the homeowner has been using, legally belongs to the neighbor. This undermines the homeowner's potential claim to the shed or the land it sits on, making it a statement against their proprietary (property) interest.
  • Criminal Harm Example: A person suspected of shoplifting is talking to a friend shortly after the incident and says, "I panicked and just grabbed the watch without paying."
    Explanation: This statement is an admission against interest because it directly confesses to committing a crime (theft). Such a statement exposes the person to potential criminal charges and penalties, making it a statement against their penal (criminal) interest.

Simple Definition

An admission against interest is an out-of-court statement made by a party in a lawsuit that is harmful to their own legal, financial, or penal position. Such a statement is admissible in court, often as an exclusion to the rule against hearsay when made by a party-opponent, or as a hearsay exception due to its inherent trustworthiness.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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