Distinguished From Habit Evidence
Character evidence must be distinguished from habit evidence, which is generally admissible, and which is evidence submitted for the purpose of proving that an individual acted in a particular way on a particular occasion in question based on that person's tendency to reflexively respond to a particular situation in a particular way.
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Famous quotes containing the words distinguished from, habit and/or evidence:
“Every winter the liquid and trembling surface of the pond, which was so sensitive to every breath, and reflected every light and shadow, becomes solid to the depth of a foot or a foot and a half, so that it will support the heaviest teams, and perchance the snow covers it to an equal depth, and it is not to be distinguished from any level field. Like the marmots in the surrounding hills, it closes its eyelids and becomes dormant for three months or more.”
—Henry David Thoreau (1817–1862)
“‘A thing is called by a certain name because it instantiates a certain universal’ is obviously circular when particularized, but it looks imposing when left in this general form. And it looks imposing in this general form largely because of the inveterate philosophical habit of treating the shadows cast by words and sentences as if they were separately identifiable. Universals, like facts and propositions, are such shadows.”
—David Pears (b. 1921)
“Generally there is no consistent evidence of significant differences in school achievement between children of working and nonworking mothers, but differences that do appear are often related to maternal satisfaction with her chosen role, and the quality of substitute care.”
—Ruth E. Zambrana, U.S. researcher, M. Hurst, and R.L. Hite. “The Working Mother in Contemporary Perspectives: A Review of Literature,” Pediatrics (December 1979)