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1. 5.4 Entrapment by Estoppel Defense

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

2. 9.36 Discrimination in Making and Enforcing Contracts (42 U.S.C. § 1981)

   ... of proving the following elements by a preponderance of the evidence:  [First, the plaintiff was a party to a contract. [I ... has proven both of these elements by a preponderance of the evidence, the plaintiff is entitled to your verdict. Comment   ...

3. 9.11 Particular Rights—First Amendment—"Citizen" Plaintiff

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

4. 9.5 Section 1983 Claim Against Local Governing Body Defendants Based on Official Policy, Practice or Custom—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence:               1.          [ Name ...  “[A] custom or practice can be supported by evidence of repeated constitutional violations which went uninvestigated and ...

5. 9.6 Alien—Deported Alien Reentering United States Without Consent

   ... , 874 F.3d 1123, 1126 (9th Cir. 2017). If there is any evidence presented that the defendant obtained such consent, the second element ... sequence of events is necessarily established by the evidence and jury verdict, then the absence of a special jury finding may not ...

6. 7.6 Alien—Deported Alien Reentering United States Without Consent (8 U.S.C. § 1326(a))

   ... , 874 F.3d 1123, 1126 (9th Cir. 2017).  If there is any evidence presented that the defendant obtained such consent, the second element ... sequence of events is necessarily established by the evidence and jury verdict, then the absence of a special jury finding may not ...

7. 15.13 Infringement—Elements—Ownership—Generally

   ... [If the plaintiff has not shown by a preponderance of the evidence that the plaintiff used [ describe trademark ] before ... 1106-07 (9th Cir. 2004) (expressing no opinion as to whether evidence presented in case was sufficient as matter of law to establish that ...

8. 16.4 Manslaughter—Involuntary (18 U.S.C. § 1112)

   ... As to the fourth element, if there is evidence of justification or excuse, the following language should be added: ... had not requested such an instruction, because there was evidence in the record to support the theory that the killing was accidental. ... second step is a factual inquiry: Does the record contain evidence that would support conviction of the lesser offense?”   Id. ...

9. 8.110 Manslaughter—Involuntary

   ... cause."). As to the fourth element, if there is evidence of justification or excuse, the following language should be added: "A ... had not requested such an instruction, because there was evidence in the record to support the theory that the killing was accidental. ...

10. 17.29 Copyright—Affirmative Defense—Limitation on Liability for System Caching (17 U.S.C. § 512(b))

    ... has the burden of proving by a preponderance of the evidence that the defendant is eligible to use this defense and that the ... above requirements, then it is invalid and cannot be used as evidence of the defendant’s knowledge of specific infringing activity.  The ...

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