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1. 6.9 Credibility of Witnesses

   ... bias or prejudice, if any; Sixth, whether other evidence contradicted the witness’s testimony; Seventh, the ... of the witness’s testimony in light of all the evidence; and Eighth, any other factors that bear on believability. ... of credibility.             The weight of the evidence as to a fact does not necessarily depend on the number of witnesses ...

2. 9.3 Section 1983 Claim Against Defendant in Individual Capacity—Elements and Burden of Proof

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

3. 9.14 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Search Incident to Arrest

   ... might gain possession of a weapon or might destroy or hide evidence at the time of the search.               To prove ... [ name ] must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply; that ...

4. 15.29 Trademark Damages—Plaintiff's Actual Damages (15 U.S.C. § 1117(a))

   ... pronoun] sustained actual damages by a preponderance of the evidence. If you find that the plaintiff proved actual damages, you may make reasonable inferences from the evidence to calculate the amount of damages. Damages means the amount of ...

5. 9.19 Particular Rights—Fourth Amendment—Unreasonable Search—Judicial Deception

   ... the following additional elements by a preponderance of the evidence: First, the defendant[s] [ insert name[s] of defendant[s] ] ... conclude there is a fair probability that contraband or evidence of a crime will be found in the place to be searched; a fair ...

6. 11.1 Age Discrimination—Disparate Treatment—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence:   1.          the defendant [discharged] [ ... pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of the challenged adverse ...

7. 9.12 Lacey Act—Commercial Activity in Illegally Taken Fish, Wildlife or Plants

   ... act through ignorance, mistake or accident. You may consider evidence of the defendant’s words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted knowingly. Comment ...

8. 24.22 Lacey Act—Commercial Activity in Illegally Taken Fish, Wildlife or Plants (16 U.S.C. §§ 3372, 3373(d)(1)(B))

   ... through ignorance, mistake, or accident. You may consider evidence of the defendant’s words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted knowingly.  ...

9. 17.39 Copyright—Damages—Willful Infringement—(17 U.S.C. § 504(c)(2))

   ... both of the following elements by a preponderance of the evidence:             First, the defendant engaged in acts that ... of willfulness.” (citations omitted)).  To refute evidence of willful infringement, the defendant must “not only establish its ...

10. 13.1 Employee Claim Against Union And/or Employer—Labor Management Relations Act (LMRA) § 301 (29 U.S.C. § 185)

    ... must prove each of the following by a preponderance of the evidence:   1.          that the plaintiff was ... in “bad faith,” a plaintiff must provide “substantial evidence of fraud, deceitful action, or dishonest conduct,”  Beck , 506 ...

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