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1. 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:    1. the plaintiff was [discharged] [not hired] [not ... has the burden of proving by a preponderance of the evidence both that the defendant’s decision to [ state adverse action ...

2. 9.26 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim of Excessive Force

   ... must prove the following elements by a preponderance of the evidence:                First, the defendant used ... officials unless the record contains substantial evidence showing [that] their policies are an unnecessary or unjustified ... 547), and second, the record did not contain “substantial evidence showing [that the prison’s] policies are an unnecessary or ...

3. 15.22 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 ...

4. 17.34 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 ...

5. 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.       ...

6. 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" ...

7. 8.186 Sexual Exploitation of Child—Defense of Reasonable Belief of Age

   ... defendant has the burden of proving by clear and convincing evidence—that is, that it is highly probable—that the defendant did not ... ] was under 18 years of age. Proof by clear and convincing evidence is a lower standard of proof than proof beyond a reasonable doubt. ...

8. 3.4 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. ...

9. 11.5 Withdrawal from Conspiracy

   ... conspirator is no longer a member of the conspiracy to be evidence of withdrawal.             If you find that the ... is on the defendant to prove by a preponderance of the evidence that [he] [she] withdrew from the conspiracy before the overt act—on ...

10. 20.24 Sexual Exploitation of Child—Defense of Reasonable Belief of Age

    ... defendant has the burden of proving by clear and convincing evidence—that is, that it is highly probable—that the defendant did not ... under 18 years of age.   Proof by clear and convincing evidence is a lower standard of proof than proof beyond a reasonable doubt.   ...

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