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:
“We get into the habit of living before acquiring the habit of thinking. In that race which daily hastens us towards death, the body maintains its irreparable lead.”
—Albert Camus (1913–1960)
“No further evidence is needed to show that “mental illness” is not the name of a biological condition whose nature awaits to be elucidated, but is the name of a concept whose purpose is to obscure the obvious.”
—Thomas Szasz (b. 1920)