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1. 9.40 Particular Rights—Fourteenth Amendment—Due Process—State-Created Danger

   ... the following additional elements by a preponderance of the evidence:             First, the defendant [ name ] committed ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive force.” ...

2. 22.1 Attempt to Evade or Defeat Income Tax (26 U.S.C. § 7201)

   ... the element of tax deficiency in a tax evasion case with evidence of unreported deductions.”   Kayser , 488 F.3d at 1073-74 ... argument that defendant was precluded from offering evidence that is inconsistent with information he reported on his tax returns). ...

3. 9.37 Attempt to Evade or Defeat Income Tax

   ... the element of tax deficiency in a tax evasion case with evidence of unreported deductions." Kayser , 488 F.3d at 1073-74 (rejecting an argument that the defendant was precluded from offering evidence that is inconsistent with information that he reported on his tax ...

4. 9.28 Particular Rights—Sixth Amendment—Right to Compulsory Process—Interference with Witness

   ... [ name ] must prove by a preponderance of the evidence:   First, that the defendant [ name ]’s conduct ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

5. 5.1 Aiding and Abetting

   ... that person, or was present at the scene of the crime. The evidence must show beyond a reasonable doubt that the defendant acted with the ... abetting robbery on Indian reservation because there was no evidence that defendants had foreknowledge that robbery was to occur). In ...

6. 9.22 Particular Rights—Fourth Amendment—Unreasonable Seizure of Person—Generally

   ... the following additional elements by a preponderance of the evidence: First, the defendant [ name ] seized the plaintiff [ ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive ...

7. 4.1 Aiding and Abetting (18 U.S.C. § 2(a))

   ... that person or was present at the scene of the crime.  The evidence must show beyond a reasonable doubt that the defendant acted with the ... abetting robbery on Indian reservation because there was no evidence that defendants had foreknowledge that robbery was to occur). ...

8. 9.13 Particular Rights—Fourth Amendment—Unreasonable Search—Generally

   ... the following additional elements by a preponderance of the evidence:               First, [ name[s] of ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive force.” ...

9. 4.15 Dual Role Testimony

   ... the reasons given for the opinion, and all the other evidence in the case.  Comment  If a witness testifies to both ... opinion witness is allowed to present otherwise inadmissible evidence under Fed. R. Evid. 703, an additional instruction may be needed. ...

10. 15.25 Defenses—“Classic” Fair Use (15 U.S.C. § 1115(b)(4))

    ... proving its fair use of the mark by a preponderance of the evidence. The defendant [ name ] makes fair use of a trademark when ... alleging infringement has shown by a preponderance of the evidence that confusion is likely.” KP Permanent Make-Up, Inc. , 408 F.3d ...

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