Pg 17 Flashcards
What are the forms of evidence that are most persuasive to least persuasive?
Specific instances then opinion then reputation
What are the two ways that character questions tend to come up?
When character is at issue, and circumstantially to suggest an inference that the person acted on that occasion consistently with his character
What is the difference between habit and custom?
Habit applies to people and custom applies to organizations
What is the rule for habit and custom evidence?
Evidence of a person’s habit or an organization’s routine practises can be admitted to prove that on a particular occasion the person or organization acted according to their habit or routine practice
What are the different forms of evidence that can be used to prove habit or custom?
Reputation, opinion, or specific instances
What is habit?
A person’s regular practice of meeting a particular kind of situation with a specific type of conduct to the extent that the response becomes semi automatic.
** NEED: Extreme regularity and specificity.
Elements: regular response, specific stimulus, particular reaction
What are some examples of things that can be considered habits?
Biting your nails, brushing your teeth, locking the door when you leave, buckling up
Why is evidence of habit allowed?
Because it is semi automatic, so it is more likely to have happened than not
What is involved in custom for an organization?
It is permissible to admit evidence of what is typically done at an organization, because the odds of any one person remembering that event are low
What is an example of the custom of an organization?
A phone company sues the defendant for not paying the bill, and the defendant says he never got a bill. The company can offer evidence that it is their routine to send bills on the first of the month to all customers
What is the reason for custom evidence being allowed for organizations?
If it weren’t, the company would have to find the specific employee that engaged in the customary behavior, and that employee would have to recall that specific incidence, which is very difficult
What is the difference between character evidence and habit evidence?
– character: describing someone as peaceful, honest, promiscuous, drunk, or religious. This is more general
– habit: taking the stairs two at a time, drinking espresso as well reading the paper.
What is the example of a gray area when it comes to habit?
Testimony that someone smokes two packs a day. The question is does that show the person was smoking on the event in question? It would be better if the evidence was that the person smokes three cigarettes on the grass during his lunch break
Is it permissible to testify against habit that one time the plaintiff didn’t follow through with his habit?
No, that would be inadmissible character evidence because it is just one isolated incident and isn’t enough to prove that something wasn’t a habit
How would a corporation use custom to prove that their store was locked when a burglary happened?
By saying it is their policy to always lock the doors after business hours. This involves a regular response (after business hours) to a particular situation (store closing) with a particular reaction (locking the doors). And thus this suggests that the door was locked even though no individual remembers doing it
