Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that person's tendency to reflexively respond to a particular situation in a particular way.
Habit evidence must be distinguished from character evidence, which seeks to show that a person behaved in a particular way on a particular occasion based on that person's prior bad acts, or based on the opinion of a witness, or based on that person's reputation in the community. Such character evidence is generally inadmissible.
Federal Rule of Evidence 406 states, "Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of an eyewitness, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice."
Famous quotes containing the words habit and/or evidence:
“Negation is the mind’s first freedom, yet a negative habit is fruitful only so long as we exert ourselves to overcome it, adapt it to our needs; once acquired it can imprison us.”
—E.M. Cioran (b. 1911)
“The conviction that the best way to prepare children for a harsh, rapidly changing world is to introduce formal instruction at an early age is wrong. There is simply no evidence to support it, and considerable evidence against it. Starting children early academically has not worked in the past and is not working now.”
—David Elkind (20th century)