Evidence-Wellborn SU2006 Outline

Lumps together two things that arent the same at all

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Unformatted text preview: with a new patient with allergies. For the former patient testimony to be at all probative it must show o that Dr. Seltzer responded the same way with each patient as he did with the testifying patient. None of the former patients had ever observed Dr. Seltzer with another patient, therefore they couldn't testify as to his routine! "Evidence of Dr. Seltzer's treatment of the former patients was clearly an attempt to show that Dr. Selzter treated Weil in conformity with his treatment of the five testifying patients. Not allowed under 404(b). Blatant character evidence here. Notes: Behavior pattern = habit of a person, thought to be less prejudicial than traits of character...habitual behavior is very specific and narrow, less prejudicial and more probative. Lumps together two things that aren't the same at all: Habits of a person and routine practices of organizations o A corporation or other similar entity is often in the law defined as a person ("natural person" corporation, agency, person, etc.) o Case law frequent...
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