Evidence-Wellborn SU2006 Outline

O deceased driver wearing seatbelt o mechanics habit

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Unformatted text preview: -automatic behavior" o Some courts restrict habit evidence to "nonvolitional activity that occurs with invariable regularity." Weil v. Seitzer. Habit v. Non-Habit: Two factors influence whether a type of conduct can qualify as habit. 1. The more particularized the conduct, the more likely it will qualify as a habit. 2. The more a person seems to engage in the conduct without thinking about it, the more likely it will be deemed to qualify as a habit. Thus, courts have little difficulty concluding that repetitive, particularized conduct that does not require conscious thought qualifies as habits o Ex: Braking with left food o Latching a particular fence Examples of habit: o Lawyer's regular practice of passing settlement offers on to clients. o Deceased driver wearing seatbelt o Mechanic's habit of drinking on the job o Deceased's habit of invariable acting with extreme violence to a contact with police officers. Not habit: o Truck driver accepts jobs without checking the fuel tanks of the trucks. o Doctor prescribing steroids to fi...
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