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  1. 9.17A Particular Rights—Fourth Amendment—Unreasonable Search—Judicial Deception

    ... the following additional elements by a preponderance of the evidence:  1.         the defendant[s] submitted to a ... conclude there is a fair probability that contraband or evidence of a crime will be found in the place to be searched; a fair ...

  2. 9.9 Particular Rights—First Amendment—Public Employees—Speech

    ... the following additional elements by a preponderance of the evidence:               1.         the plaintiff spoke ... to the defendant to  prove by a preponderance of the evidence  that the defendant would have taken the action(s) in question, even ...

  3. 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 ...

  4. 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 ...

  5. 24.23 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.  ...

  6. 17.37 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 ...

  7. 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 ...

  8. 1.8 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 ... contact to the court.  Because you will receive all the evidence and legal instruction you properly may consider to return a verdict:  ...

  9. 1.8 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 ...              Because you will receive all the evidence and legal instruction you properly may consider to return a verdict:  ...

  10. 6.2B Entrapment by Estoppel Defense

    ... defendant has the burden to show by a preponderance of the evidence that: First, an authorized [federal government official] [agent of ... the [official] [agent] gave. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks ...

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