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1. 6.10 Activities Not Charged

   ... Comment             When evidence has been introduced during trial pursuant to Fed. R. Evid. 404(b), ... theft against two victims named in indictment based on evidence presented at trial of uncharged conduct against identity-theft victims ...

2. 1.20 Bench Conferences and Recesses

   ... relevant information from you, but to decide how certain evidence is to be treated under the rules of evidence and to avoid confusion and error.             Of course, ...

3. 6.27 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) ... , 873 F.2d 1314, 1319-21 (9th Cir. 1989).  When the evidence establishes multiple conspiracies, failure to give a specific ...

4. 8.65 Firearms—Unlawful Possession

   ... 3.17 (Possession—Defined). Depending on the facts in evidence, it may be appropriate to amend this instruction with language ... an imprecise time frame. In such a case, and if there was evidence that the defendant possessed the weapon or ammunition on more than one ...

5. 11. Age Discrimination

   ... and 11.9 (Age Discrimination—Defenses—After-Acquired Evidence).              The ADEA and Title VII are not ... pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of the challenged adverse ...

6. 17.20 Secondary Liability—Vicarious Infringement—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence:   1.          the defendant directly ... ability to block or police use of its internet service is evidence of right and ability to supervise); Perfect 10, Inc. v. Giganews, ...

7. 11.6 Age Discrimination—Defenses (Comment only)

   ... System).              After-acquired evidence is a judicially crafted equitable doctrine that allows an employer to ... 11.9 (Age Discrimination—Defenses—After-Acquired Evidence).              The bona fide employee benefit plan ...

8. 14.15 Firearms—Unlawful Possession (18 U.S.C. § 922(g))

   ...             Depending on the facts in evidence, it may be appropriate to amend this instruction with language ... imprecise time frame.   In such a case, and if there was evidence that the defendant possessed the weapon or ammunition on more than one ...

9. 12.11 ADA—Defenses—Business Necessity

   ... the defendant must prove, by a preponderance of the evidence, each of the following four elements regarding that standard, ... work performance declines if employer has significant evidence that could cause reasonable person to inquire whether employee is ...

10. 12.9 ADA—Reasonable Accommodation

    ... the plaintiff must prove, by a preponderance of the evidence, each of the following three elements :  First, the ... apply if the plaintiff has proved, by a preponderance of the evidence, special circumstances such as [[the seniority system provides for ...

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