PROBLEM 6-4

(1) Sustain. Character evidence not admissible in civil cases.

(2) Same

(3) Same.

(4) Same. Sounds like asking about a tendency, not a habit. Has the additional problem of asking about another person's mental state, which violates Rule 602 (personal knowledge rule).

(5) Sustain. Sounds like its is suggesting a pattern of behavior.

(6) Same

(7) Same

(8) Same

(9) Same

(10) Sustain. Opinion of pattern of behavior

(11) Overrule. I think this is admissible habit testimony. If she cannot drive a stick shift, that is something she "always" cannot do, and the question asks if she "always" has problems.

(12) Sustain. Specific act suggesting a pattern of behavior

(13) Same

(14) Court cannot rule. If the answer is "always" or "never" it's admissible as habit; if the answer is "usually" or "rarely", it's not admissible as character.