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  1. 9.16 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Consent

    ... [ 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 force.” ...

  2. 3.14 Lesser Included Offense

    ... on a lesser- included offense if the law and evidence satisfy a two-part test: 1) ‘the elements of the lesser ... v. United States , 489 U.S. 705, 716 (1989); and 2) ‘the evidence would permit a jury rationally to find [the defendant] guilty of the ...

  3. 3.1 Statements by Defendant or Codefendant

    ... it.  In making those decisions, you should consider all the evidence about the statement, including the circumstances under which the ... the judge “shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such ...

  4. 18.6 Securities—Justifiable Reliance Generally

    ... [ name ] must prove by a preponderance of the evidence that [he] [she] [ other pronoun ] justifiably relied on the ... whether the presumption is applicable after considering the evidence.             To provide guidance to jurors ...

  5. 1.15 Conduct of the Jury

    ... Second, because you must decide this case based only on the evidence received in the case and on my instructions as to the law that ... to the court. Because you will receive all the evidence and legal instruction you properly may consider to return a verdict:  ...

  6. 8. Civil RICO

    ... , 452 U.S. 576, 580 (1981)). Its existence is proven through evidence of an ongoing organization, formal or informal, and evidence that the various associates function as a continuing unit. No ...

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

    ... pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of the challenged adverse ... if the employer could show, by a preponderance of the evidence, that it “would have taken the same action in the absence of the ...

  8. 5.8 Deliberate Ignorance

    ... blindness even though it has rejected the government’s evidence of actual knowledge. If so, the court may also give a Jewell ... is only relevant if the jury rejects the government’s evidence of actual knowledge. United States v. Heredia , 483 F.3d 913, 922 ...

  9. 4.9 Deliberate Ignorance

    ... blindness even though it has rejected the government’s evidence of actual knowledge.   If so, the court may also give a Jewell ... is only relevant if the jury rejects the government’s evidence of actual knowledge. United States v. Heredia , 483 F.3d 913, 922 ...

  10. 9.11 Particular Rights—First Amendment—"Citizen" Plaintiff

    ... the following additional elements by a preponderance of the evidence: First, the plaintiff [ name ] was engaged in a constitutionally ... defendant [ name ] to prove by a preponderance of the evidence that the defendant [ name ] would have taken the action(s) in ...

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