MBE Rules · Evidence
Habit / routine practice
FRE 406
The rule
Evidence of a habit of a person or routine practice of an organization is admissible to prove conduct on a particular occasion was in conformity. Habit = regular, specific response to repeated specific stimulus (semi-automatic). Distinguish from character (general disposition).
In plain English
If someone or an organization consistently behaves the same way in a specific situation, you can use that pattern to show they likely acted the same way in a similar situation.
Worked example
Officer A always checks IDs at the door before letting anyone in. If someone claims Officer A let them in without checking, evidence of this habit can show it's unlikely Officer A skipped the ID check.
Memory hook
HABIT = automatic, CHARACTER = chaotic. Habit is a specific, consistent response, unlike general character traits.
The trap
Students think: any repeated action is habit. Wrong, because habit requires a semi-automatic response. The actual test is regularity and specificity.
How examiners test it
The MBE loves: person performs action repeatedly at work. Trap: students confuse habit with character. Focus on specific, consistent behavior.
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