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1. 11.13 Age Discrimination—Damages—Back Pay—Mitigation

   ... and the amount of back pay by a preponderance of the evidence. 2.          Mitigation of Back Pay ... has the burden of proving by a preponderance of the evidence that a reduction should be made and the amount by which the award ...

2. 9.12 Particular Rights—First Amendment—Convicted Prisoner/Pretrial Detainee’s Claim of Retaliation

   ... the following additional elements by a preponderance of the evidence: First, the plaintiff [ name ] was engaged in conduct ... chronology of events may be considered as circumstantial evidence of a causal connection between the adverse action and the plaintiff [ ...

3. 9.31 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim re Conditions of Confinement/Medical Care

   ... the following additional elements by a preponderance of the evidence:                   First, [the plaintiff [ name ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

4. 10.2 Civil Rights—Title VII—Disparate Treatment—With Affirmative Defense of “Same Decision”

   ... of proving the following elements by a preponderance of the evidence: First, the plaintiff [ name ] was [discharged] ... ] has the burden of proving by a preponderance of the evidence both that the defendant [ name ]’s decision to [ state ...

5. 15.23 Defenses—Abandonment—Affirmative Defense—Defendant’s Burden of Proof (15 U.S.C. § 1127)

   ... by [clear and convincing] [a preponderance of the] evidence.               The [owner] [assignor] [licensor] ... The defendant has the burden of proving abandonment. Evidence of non-use of the mark for three consecutive years is prima facie ...

6. 17.36 Copyright—Damages—Defendant's Profits (17 U.S.C. § 504(b))

   ... the defendant’s gross revenue by a preponderance of the evidence.               Expenses are all [operating ... proving the defendant’s expenses by a preponderance of the evidence.               Unless you find that a ...

7. 15.47 Securities Fraud (15 U.S.C. §§ 78j(b), 78ff; 17 C.F.R. § 240.10b-5)

   ... know that the conduct was unlawful.   You may consider evidence of the defendant’s words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted willfully.       ...

8. 9.9 Securities Fraud

   ... know that the conduct was unlawful. You may consider evidence of the defendant’s words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted willfully. "Knowingly" ...

9. 9.17 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Exigent Circumstances

   ... [property] was necessary to prevent [destruction of evidence] [escape of a suspect] [physical harm to the officers or other ... [ name ] must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply. ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

10. 4.4 Character of Defendant

    ... an instruction on the character of the defendant when such evidence is admitted under Fed. R. Evid. 404(a)(1) because it adds nothing to ... instructions regarding the consideration and weighing of evidence. See United States v. Karterman , 60 F.3d 576, 579 (9th Cir. 1995) ...

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