Other Circumstantial Evidence

Question 1

Habit and custom-Applies to individuals and businesses.

Answer 1

a. Person: Evidence of a person’s habit is admissible to show the person acted in accordance with the habit on a particular occasion (e.g., driver who always fastens her seatbelt before driving).
b. Business practices: The routine practice of an organization is admissible to show the practice was followed by the business on a particular occasion (e.g., outgoing mail placed in the outbox is collected and mailed everyday at 3 p.m.).

Question 2

Habit and custom-Three factors are considered to determine if habit or character evidence

Answer 2

a. The more specific the behavior, the more likely it’s habit.
b. The more regular the behavior, the more likely it’s habit.
c. The more unreflective or semi- automatic, the more likely it’s habit.

Question 3

Similar happenings

Answer 3

Evidence that similar happenings that occurred in the past (or failed to occur) are allowed if the events are substantially similar . Typically used to show prior accident or injury, or the absence of a past accident or injury.

Question 4

Habit and custom

Answer 4

Habit and custom is a regular response to a repeated situation and is admissible to show conduct in conformity.