Your Honor What I Meant to State Was...: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law

37 Pages Posted: 7 Jul 2017

See all articles by Ediberto Roman

Ediberto Roman

Florida International University (FIU) - College of Law

Date Written: 1995

Abstract

This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to advocate a change in the treatment of attorneys' admissions in memoranda of law.

Suggested Citation

Roman, Ediberto, Your Honor What I Meant to State Was...: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law (1995). Pepperdine Law Review, Vol. 22, No. 3, 1995; Florida International University Legal Studies Research Paper No. 17-19. Available at SSRN: https://ssrn.com/abstract=2997697

Ediberto Roman (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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