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1. 4.3 Accessory After the Fact

   ...             When there is substantial evidence that the defendant participated in the principal offense before its ... the offense charged may be inferred from circumstantial evidence.  United States v. Mills , 597 F.2d 693, 697 (9th Cir. 1979).  ...

2. 24.21 Lacey Act—Import or Export of Illegally Taken Fish, Wildlife or Plants (16 U.S.C. §§ 3372, 3373(d)(1)(A))

   ... 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.   ...

3. 11.11 Age Discrimination—Defenses—Reasonable Factor Other Than Age

   ... of proving the following elements by a preponderance of the evidence:  1.         the [test] [requirement] [practice] ... is entitled to an instruction on this defense if the evidence can support a finding that the defendant’s test, requirement, or ...

4. 9.11 Lacey Act—Import or Export of 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. 1.10 Taking Notes

   ...  If you wish, you may take notes to help you remember the evidence.  If you do take notes, please keep them to yourself until you and ... you take notes, you should rely on your own memory of the evidence.  Notes are only to assist your memory.  You should not be overly ...

6. 3.17 Foreign Language Testimony

   ... language, it is important that all jurors consider the same evidence. Therefore, you must accept the interpreter’s translation of the ... there is no dispute as to the accuracy of the translation of evidence in a foreign language, the jury may be instructed that "it is not free ...

7. 7.2 Jones Act Negligence Claim—Elements and Burden of Proof (46 U.S.C. § 30104)

   ... of proving the following elements by a preponderance of the evidence:  First, the plaintiff was a seaman;   ... has the burden of establishing by a preponderance of the evidence, negligence on the part of his employer . . . [and] that the act of ...

8. 12.12 ADA—Defenses—Direct Threat

   ... of a direct threat must be based on valid and objective evidence and not speculation.               The ... threat” defense must prove by a preponderance of the evidence that the plaintiff posed a direct threat to the health or safety of ...

9. 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 ...

10. 9.18 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Emergency Aid

    ... [ name ] must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply. ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

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