Evidence-Wellborn SU2006 Outline

O deceased driver wearing seatbelt o mechanics habit

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

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...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Ask a homework question - tutors are online