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  1. 11.1 Conspiracy—Elements

    ... or tacit, and can be proved by direct or circumstantial evidence, including inferences from circumstantial evidence.”   United States v. Kaplan , 836 F.3d, 1199 (9th ...

  2. 17.21 Derivative Liability—Contributory Infringement—Elements and Burden of Proof

    ... both of the following elements by a preponderance of the evidence:               First, the defendant knew or had reason ... at 936-37. The Court clarified that, “in the absence of evidence of intent, a court would be unable to find contributory infringement ...

  3. 8.109 Manslaughter—Voluntary

    ... Comment As to the first element, if there is evidence of justification or excuse, the following language should be added: "A ... malice attached to an intentional killing. If there is evidence that the defendant acted in self-defense, see Instruction 6.8 ...

  4. 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:                                           ... use of excessive force because plaintiff did not present evidence that two of the officers knowingly acquiesced in a third officer’s ...

  5. 13.2 LMRA § 301—Damages (29 U.S.C. § 185)

    ...          Do you find from a preponderance of the evidence that the plaintiff was discharged from employment by the defendant ...          Do you find from a preponderance of the evidence that such discharge was without “just cause” (as defined in the ...

  6. 17.30 Copyright—Affirmative Defense—Limitation on Liability for Information Residing on Systems of Networks at Direction of Users (17 U.S.C. § 512(c))

    ... each element of this defense by a preponderance of the evidence.   The defendant is eligible to use this defense if the ... knowledge requirements under § 512(c)(1)(A) ). However, evidence that the defendant actually knew about specific infringingactivity ...

  7. 7.9 Specific Issue Unanimity

    ... unanimity instruction to avoid juror confusion if (1) the evidence is factually complex, (2) the indictment is broad or ambiguous, or (3) ... Anguiano , 873 F.2d 1314, 1319-21 (9th Cir. 1989). When the evidence establishes multiple conspiracies, failure to give a specific ...

  8. 8.20 Conspiracy—Elements

    ... or tacit, and can be proved by direct or circumstantial evidence, including inferences from circumstantial evidence." Kaplan , 836 F.3d at 1212 (quotation marks and citation omitted). ...

  9. 7.1 Duty to Deliberate

    ... but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views ... change an honest belief about the weight and effect of the evidence simply to reach a verdict. Perform these duties fairly and ...

  10. 8.55 Firearms—Transporting or Receiving in State of Residence

    ... that the law forbids. Willfulness can be proved by direct evidence or by circumstantial evidence.  Comment   See Comment to Instruction 8.51 ...

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