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1. 2.4 Judicial Notice

   ... the fact that [ insert fact noticed ], even though no evidence was presented on this point[,] [because this fact is of such common ... took judicial notice of a bank’s FDIC status because the evidence established that its status "was not subject to reasonable dispute." ...

2. 5.13 Public Authority or Government Authorization Defense

   ... The defendant must prove by a preponderance of the evidence that:             First, the defendant believed ...             A preponderance of the evidence means that you must be persuaded that the things the defendant seeks ...

3. 6.11 Public Authority or Government Authorization Defense

   ... The defendant must prove by a preponderance of the evidence that:  First, the defendant believed [he] [she] was acting as an ... instructions the official gave.  A preponderance of the evidence means that you must be persuaded that the things the defendant seeks ...

4. 16.1 Murder—First Degree (18 U.S.C. § 1111)

   ...                     If there is evidence that the defendant acted in self-defense or with some other ... had not requested such an instruction, because there was evidence in the record to support the theory that the killing was accidental. ...

5. 8.107 Murder—First Degree

   ... Gipe, 672 F.2d 777, 779 (9th Cir. 1982).  If there is evidence that the defendant acted in self-defense or with some other ... had not requested such an instruction, because there was evidence in the record to support the theory that the killing was accidental. A ...

6. 6.9 Diminished Capacity

   6.9 DIMINISHED CAPACITY  Evidence has been admitted that the defendant may have [been intoxicated] ... of alcohol or drugs or both.]  You may consider evidence of the defendant’s [intoxication] [diminished capacity] in deciding ... state of mind which defines the crime." Id. at 678. Evidence that the defendant suffers from some mental illness is insufficient by ...

7. 6.7 FELA—Plaintiff’s Negligence—Reduction of Damages (45 U.S.C. § 53)

   ... find that the plaintiff has proved by a preponderance of the evidence:   A.         That the defendant was negligent? ... find that the defendant has proved by a preponderance of the evidence:   A.         That the plaintiff was also ...

8. 5.11 Diminished Capacity

   ... 5.11 Diminished Capacity              Evidence has been admitted that the defendant may have [been intoxicated] ... or both.]             You may consider evidence of the defendant’s [intoxication] [diminished capacity] in deciding ...

9. 9.19A Buyer-Seller Relationship

   ... that of the mere sale.  In considering whether the evidence supports the existence of a conspiracy or the existence of a buyer-seller relationship, you should consider all the evidence, including the following factors: [(1) whether the sales were made ...

10. 9.15 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Search of Vehicle Incident to Arrest of a Recent Occupant

    ... It is reasonable to believe the vehicle contains evidence of the offense that is the subject of the arrest. ... [ name ] must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply— that ... or (2) it is reasonable to believe the vehicle contains evidence of the offense of arrest. Id. at 351. Thus, when the arrestee is ...

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