Relevancy & it Limits: Habit Evidence

Question 1

What is habit evidence?

Answer 1

• habit of a person or routine of an organization to prove conduct in conofrmity with the habit
• admissible in form of opinion or specific acts
• Trigger words:
  
  • always, automatically, regularly, instinctively, w/o fail & habitually
• Not triggers: - often, frequently or usually
• Can also introduce negative habit
• Δ can also testify to his own habit but opens himself to cross

Question 2

Example of habit evidence

Answer 2

(a) Regularly stopping at a particular railroad crossing, regardless of whether he knows if the train is approaching.
(b) The CFO for Kaplan may testify that it was routine practice for Kaplan to match employee contributions to charitable organizations.
(c) Sheldon always knocks thrice. “Penny, Penny, Penny.”

EXAMPLE: A driver with three passengers has an accident. One passenger sues the driver for personal injuries. Defense witnesses (two other passengers) allege, “The plaintiff wasn’t wearing his seat belt.” The defendant has already alleged plaintiff was contributorily negligent. The plaintiff calls a neighbor to testify, “The plaintiff invariably wears his seat belt.”

Question 3

RecapL 1. Describe habit evidence.

Answer 3

• habit of a person or routine of an organization to prove conduct in conofrmity with the habit
• admissible in form of opinion or specific acts