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1. 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. ...

2. 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. ...

3. 9.42 Bivens Claim Against Federal Defendant in Individual Capacity— Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence:  First, the defendant [ name ] acted under color of federal ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

4. 17.31 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 ...

5. 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 ...

6. 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 ...

7. 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 ...

8. 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 ...

9. 9.2 Causation

   ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ... use of excessive force because plaintiff did not present evidence that two of the officers knowingly acquiesced in a third officer’s ...

10. 17.32 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 [ name ] 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 ...

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