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Prior Similar Occurance

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Created by:

junliu520  on June 22, 2009

Subjects:

Evidence

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Prior Similar Occurance

- ADMISSIBLE to infer how person/business acted on the occasion of issue at litigation. - FREQUENCY and PARTICULARITY are important. Look for "always," "invariably," "routinely," etc. - NY HABIT: i. evidence relating to business, trade, profession = ADMISSIBLE. ii. evidence relating to personal habit on issue of due care in Negligence = NOT admissible. iii. evidence relating to personal habit on issue of use of product = ADMISSIBLE.
Habit Evidence
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- ADMISSIBLE to infer how person/business acted on the occasion of issue at litigation. - FREQUENCY and PARTICULARITY are important. Look for "always," "invariably," "routinely," etc. - NY HABIT: i. evidence relating to business, trade, profession = ADMISSIBLE. ii. evidence relating to personal habit on issue of due care in Negligence = NOT admissible. iii. evidence relating to personal habit on issue of use of product = ADMISSIBLE. Habit Evidence
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