Habit & Routine Practice (Rule 406)
Evidence · Lesson 12
Habit & Routine Practice (Rule 406)
這一課問的是：本證據是否為「習慣或常規」 — 不同於人格？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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habit
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Person's regular response to a specific situation.
習慣。
routine practice
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Organization's regular response.
常規。
specificity
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Habit requires more than general tendency.
特定性。
frequency + regularity
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Conduct must be frequent and regular.
頻繁與規律。
Rule Sentence · the workhorse
Under Rule 406, evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.
Mini IRAC · build the Application
Issue. Is evidence that D always checks his rear-view mirror before backing out admissible to prove D did so on the day of the collision?
Rule. Rule 406 permits evidence of habit — a regular response to a specific situation — to prove conduct on a particular occasion.
Application (model). D consistently and without exception checks his rear-view mirror before backing out. Because Rule 406 admits habit evidence to prove conduct in conformity, the fact that D's behavior is sufficiently specific, frequent, and regular to qualify as a habit means it may be used to prove D performed the same check on the day in question.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the habit evidence is admissible.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: