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Question
In a slip-and-fall case, a store offers evidence that its cashier, every time she opens the store, walks the same 12-aisle route and checks each floor mat before unlocking the front door. The cashier followed this routine hundreds of times. The plaintiff objects that the evidence is improper character evidence that the cashier is careful. What is the best ruling?
Exclude the evidence because all repeated conduct is character evidence.
Exclude the evidence unless an eyewitness saw the cashier inspect the mat that morning.
Admit the evidence as habit if it shows a regular, specific response to a repeated situation.
Admit the evidence only if the cashier has no reputation for carelessness.