1
Q
What is a habit?
A
- A regular response
- to a given situation
- done without a high degree of forethought
*Frequently performed acts ARE NOT habit
2
Q
When is habit/routine evidence admissable?
A
- To show that on a particular occasion the person or organization
- acted in accordance with the habit or routine practice
3
Q
What is habit evidence?
A
automatic, invariable patterns of behavior that could be characterized by the words “always” or “invariably.”
4
Q
How is habit or routine proven?
A
- Opinion; or
- Specific instances of conduct
MBE Evidence
flashcards
Decks in class (20)
# Cards
-
Rulings on Evidence3
-
Preliminary Facts (104(a))2
-
Conditional Relevancy (FRE 104(b))1
-
Limited Admissibility (FRE 105)2
-
Remainder of Related Writings or Recorded Statements (Rule 106)2
-
Judicial Notice (FRE 201)5
-
Presumptions (FRE 301)13
-
Relevancy5
-
Character Evidence9
-
Habit & Routine4
-
SRM, Offers to Pay Medical Expenses, Settlement, Liability, Sexual-Offense Cases16
-
Privileges31
-
Witnesses11
-
Opinion and Expert Testimony11
-
Hearsay Exemptions [Big Ticket Item]12
-
Hearsay Exceptions [Big Ticket Item]19
-
Confrontation Clause4
-
Authentication and Identification4
-
Contents of Writings, Recordings, and Photos6
-
Hearsay0
