LAW 682 Lecture Notes - Lecture 6: Unfair Prejudice In United Kingdom Company Law
Document Summary
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. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness. Logical inference: habit action in conformity with a habit. Three factors to distinguish habit/routine practice from propensity: specificity of conduct, distinctiveness of situation producing conduct, regularity of conduct. For routine habit, cannot encompass too many different things-need to be specific situation. Sex-offense cases: the victim (rape-shield law) (a) prohibited uses. Constitutional rights: general right to present evidence. Merely prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are designed to serve. : right to confront and cross-examine witnesses.
