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1. 18.6 Securities—Justifiable Reliance Generally

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

2. 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:  ...

3. 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 ...

4. 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 ...

5. 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 ...

6. 9.24 Particular Rights—Fourth Amendment—Unreasonable Seizure of Person—Detention During Execution of Search Warrant

   ... the plaintiff must prove by a preponderance of the evidence that [he] [she]  [ other pronoun ]  was detained ... “preventing flight in the event that incriminating evidence is found”; “minimizing the risk of harm to the officers”; and ...

7. 15.12 Infringement—Elements—Validity—Trade Dress—Non–Functionality Requirement

   ... of proving non-functionality by a preponderance of the evidence [to show that the trade dress is valid and protected from ... is not functional.”). Because registration is prima facie evidence of validity, the defendant has the burden of proving functionality ...

8. 3.7 Deadlocked Jury

   ... the case for yourself, but only after you consider the evidence impartially with the other jurors. During your deliberations, you ... change an honest belief as to the weight or effect of the evidence solely because of the opinions of the other jurors or for the mere ...

9. 14.17 Firearms—Unlawful Possession—Defense of Justification

   ... of the elements of this defense by a preponderance of the evidence.   Comment               ... to the instruction when there is any foundation in the evidence.   However, a mere scintilla of evidence supporting a theory of ...

10. 2.6 Transcript of Recording in Foreign Language

    ... a transcript of the recording that has been admitted into evidence. The transcript is an English-language translation of the recording. ... language, it is important that all jurors consider the same evidence. The transcript is the evidence, not the foreign language spoken in ...

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