Legal Definitions - adoptive admission

An adoptive admission is a legal principle in evidence law that allows a statement made by one person to be treated as if it were admitted by another person. This occurs when a statement is made in someone's presence, and that person, through their words or actions, clearly indicates that they accept the statement as true. By "adopting" the statement through their response or lack thereof, they essentially make it their own admission, which can then be used as evidence against them in court.

Here are some examples to illustrate this concept:

• Example 1 (Criminal Context): Imagine two individuals, Alex and Ben, are being questioned by police regarding a theft. During the questioning, Alex turns to Ben and says, "You know, you told me you were going to 'borrow' that laptop from the office last night." Ben looks down, sighs, and remains silent, not denying Alex's statement. In this scenario, Ben's silence and demeanor could be interpreted as an adoptive admission. The statement made by Alex, which implicates Ben, could be used as evidence against Ben because his reaction (or lack thereof) suggests he accepted the truth of Alex's accusation.

• Example 2 (Civil Context - Business Dispute): Consider a meeting between a homeowner and a contractor about a construction project that went significantly over budget. The homeowner states, "Your team consistently used more expensive materials than agreed upon, leading to these excessive costs." The contractor avoids eye contact, shuffles papers, and quickly changes the subject to a different part of the project without directly refuting the claim about material costs. The contractor's failure to deny the specific accusation, combined with their evasive behavior, could be considered an adoptive admission that they indeed used more expensive materials than agreed, making the homeowner's statement admissible evidence in a potential lawsuit.

• Example 3 (Personal Injury Case): Sarah and Mark are discussing a recent car accident where Mark was driving. Sarah says, "I remember you telling me you were texting right before you swerved and hit that pole." Mark winces, nods slowly, and replies, "Yeah, I really shouldn't have been looking at my phone." Mark's verbal acknowledgment and physical reaction to Sarah's statement would likely be considered an adoptive admission. His response indicates acceptance of the truth that he was texting while driving, and Sarah's statement could be used as evidence against him in a personal injury claim related to the accident.