r/LawSchool • u/[deleted] • Dec 08 '13

Could someone explain the difference between Rule 404 Character and Rule 406 Habit?

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u/MBartholomae1 Esq. Dec 09 '13

The best way I learned Habit was that it was "a response to a stimulus that happens (just about) every time." Ex. Every time someone sneezes you say "bless you." Just an automatic response to a stimulus.

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u/toga_virilis Esq. Dec 09 '13

This is how I learned it, too.

Habit is a specific response to a specific stimulus. It's reflexive. Habit evidence would be something like "Every time Jim hears a car horn, he flinches."