Search

Search results

1. 12.11 ADA—Defenses—Business Necessity

   ...         Business necessity is a defense to a claim of discrimination under the ADA.               If ... that each of the elements on which the plaintiff has the burden of proof has been proved, your verdict should be for the plaintiff, ...

2. 1.5 Claims and Defenses

   ... you follow the evidence, I will give you a brief summary of the positions of the parties:             The plaintiff ... that [ plaintiff’s claims ]. The plaintiff has the burden of proving these claims.             The defendant denies ...

3. 6.6 Necessity (Legal Excuse)

   ... The defendant contends that [he] [she] acted out of necessity. Necessity legally excuses the crime charged.  The defendant ... prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable ...

4. 9.8 Alien—Deported Alien Found in United States

   ... § 1326(a)) The defendant is charged in [Count _______ of] the indictment with being an alien who, after [removal] [deportation], was ... in the United States free from official restraint). "The burden is on the government to establish lack of official restraint." United ...

5. 7.8 Alien—Deported Alien Found in United States (8 U.S.C. § 1326(a))

   ...             The defendant is charged in [Count _______ of] the indictment with being an alien who, after [removal] [deportation], was ... in the United States free from official restraint).  “The burden is on the government to establish lack of official restraint.”  ...

6. 4.19 Lost Or Destroyed Evidence

   ... [destroyed][failed to preserve] [ insert description of evidence ] that the government knew or should have known would be ... F.3d 1168, 1173 (9th Cir. 2013). The government bears the burden of justifying its conduct, and the defendant bears the burden of ...

7. 3.19 Lost or Destroyed Evidence

   ... [destroyed][failed to preserve] [ insert description of evidence ] that the government knew or should have known would be ... 1168, 1173 (9th Cir. 2013).   The government bears the burden of justifying its conduct, and the defendant bears the burden of ...

8. 9.34 Qualified Immunity

   ... concerning qualified immunity because most issues of qualified immunity are resolved before trial, or the ultimate question of ... (9th Cir. 2017) (stating that the plaintiff bears the burden of showing that the rights allegedly violated were clearly established); ...

9. 5.2 Measures of Types of Damages

   5.2  Measures of Types of Damages              In determining the measure of ... items from this instruction into Instruction 5.1 (Damages—Proof). Additional paragraphs may have to be drafted to fit other types of ... , Instructions 7.11 (Maintenance and Cure—Elements and Burden of Proof), 11.13 (Age Discrimination—Damages—Back Pay—Mitigation), ...

10. 10. Civil Rights—Title VII—Employment Discrimination; Harassment; Retaliation

    ...    Employment discrimination law under Title VII of the Civil Rights Act of 1964 (Title VII), codified as Subchapter VI of ... 2000))).    Further, a McDonnell Douglas burden-shifting instruction should not be given in a Title VII case.   Costa ...

Pages