Evidence Outline



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C. Habit - § 406

  • Rmk: character v. habit – character is a personality trait, whereas habit a routine practice of a particular activity.

  • Rule:

  • Rmks and Examples

    • 1) Basic examples:

      • insurer claims fire caused by smoking in bed. Can introduce P had a habit of this.

      • P argues D had a “habit” of breaking and entering as theory to introduce prior bad acts. Not admitted as not a habit.

    • 2) Foundation sufficient?:

      • Perrin – 12 violent reactions to police held sufficient to show habit of violent responses.

      • undue force case – P wants to show officer had a habit of breaking wrists when handcuffing. Has done it five times. Held an insufficient foundation, as officer handcuffs innumerable number of times.

        • P can admit to show knowledge - shows officer knew own strength.



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