Habit Evidence Flashcards
Habit Evidence - Definitions
o Regular practice of meeting a particular kind of situation with a certain type of conduct
- More specific than character evidence
- Usually specific action, almost involuntary
- Train always blows at certain location
- Cars always use turn signal
- Always stop at stop sign
- Click pen when nervous
- Habit of chomping on gum
- Always tip 15% no matter the service
• Ex. auto collision that no one saw
- Want to show your party could not have been the one who caused/could not have been careless b/c habit of always stopping or always drive the speed limit, always use turn signal
- Allowed to show acted in conformity with habit (not character)
o Reflect behavior in a specific set of circumstances
o One’s regular response to a repeated situation, that does not vary
o Almost an unconscious or at least semiautomatic act
Habit Evidence - General Rule
Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.
• The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness (NOT TESTED)
o Someone has to lay foundation to habit – witness or knowledge of it (could be what someone said to them – I always brush my teeth every morning, etc.)
o One witness is enough
Routine practice of an organization
- Safety checks
- Warnings given
- Clause normally inserted in document
- Mail put in “out” box transferred to post office
Continuum
Character (generally not admissible) –> Habit (almost always admissible, unless too prejudicial)
