So I had to miss evidence class last week to help my friends in their trial competition. I got my friend L to take notes for me. I think, based on this except, you can tell why I like to get L's notes:
Habit
• “Consumer warning”: Do not try to use habit as a surrogate for character evidence. Habit is not a “backup argument” when you can’t get character evidence in under 404(b). Habit evidence is fundamentally different:
o Habit evidence is evidence of how a person responds to a repeating, particular situation that the person encounters frequently, to which he nearly always responds in the same way.
o Habit evidence is usually devoid of moral tones, generally in contrast to character evidence.
o Habit evidence requires showing a pattern – 1, 2 or even 3 instances generally not enough to demonstrate habit.
o Example: testicle story that [EllenAim] will be very sorry she missed
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