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1. 16.3 Manslaughter—Voluntary (18 U.S.C. § 1112)

   ... As to the first element, if there is evidence of justification or excuse, the following  language should be added: ...               If there is evidence that the defendant acted in self-defense, see Instruction 5.10 ...

2. 15.39 Bank Fraud—Scheme to Defraud by False Promises (18 U.S.C. § 1344(2))

   ... returned for cash.   On appeal he contended there was no evidence he intended to defraud a bank, only evidence that he intended to defraud the store.   The Supreme Court held ...

3. 9.7 Section 1983 Claim Against Local Governing Body Defendants Based on Ratification—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence:                First, [ name of defendant’s ... (9th Cir. 2024) (rejecting a ratification argument absent evidence final policy maker “knew and approved” of a subordinate’s ...

4. 7.1 Seaman Status

   ... must prove the following elements by a preponderance of the evidence:             First, the plaintiff contributed to the ... the fleet seaman doctrine if it has some foundation in the evidence. Gizoni , 56 F.3d at 1141 (“Under the fleet doctrine, one can ...

5. 9.19 Particular Rights—Fourth Amendment—Unreasonable Seizure of Property—Exeptions to Warrant Requirement

   ... the plaintiff must prove by a preponderance of the evidence that this exception does not apply.   Comment   ... or her previous residence” and “[b]ecause the undisputed evidence shows that [the former tenant] was aware of her eviction, this case ...

6. 9.35 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 acted under color of federal law; and ... and Fifth Amendment claims based on alleged fabrication of evidence by Department of Homeland Security agents arose in a new context from ...

7. 8.63 Firearms—Unlawful Receipt

   ... 1168-70 (9th Cir. 2010) (en banc) (concluding sufficient evidence established sleeping defendant had knowing possession of firearms).  ... to the third element of the offense rather than have evidence of prior convictions presented to the jury.  See Old Chief v. ...

8. 9.7 Alien—Deported Alien Reentering United States Without Consent--Attempt

   ... 302 F.3d 1061, 1063 (9th Cir. 2002). If there is conflicting evidence as to whether the defendant possessed any specific intention to remain ... country free of official restraint, when alien presented evidence that attempt to enter was based on intent to be placed into protective ...

9. 9.8 Section 1983 Claim Against Local Governing Body Defendants Based on Policy of Failure to Train—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence: First, the [act[s]] [failure to act] of [ name of ... a parent was just such a “narrow circumstance” in which evidence of a pattern of similar violations was unnecessary.   See id. ...

10. 14.13 Firearms—Unlawful Receipt (18 U.S.C. § 922(g))

    ... 1168-70 (9th Cir. 2010) (en banc) (concluding sufficient evidence established sleeping defendant had knowing possession of firearms). ... to the third element of the offense rather than have evidence of prior convictions presented to the jury.   See Old Chief v. ...

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