Search

Search results

1. 9.24 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Terry Frisk

   ... case, the plaintiffs must prove by a preponderance of the evidence that the officer s ”—plural—“used excessive force.” ... “The purpose of this limited search is not to discover evidence of crime, but to allow the officer to pursue his investigation without ...

2. 12.5 Controlled Substance—Conspiracy to Distribute or Manufacture (21 U.S.C. §§ 841(a), 846)

   ...   When the prosecution relies on circumstantial evidence to establish an agreement to distribute drugs, “what we are looking for is evidence of a prolonged and actively pursued course of sales and . . . ...

3. 8.127 Bank Fraud—Scheme to Defraud by False Promises

   ... 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 that the ...

4. 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 ...

5. 9.27 Particular Rights—Fourth Amendment—Unreasonable Seizure of Person—Excessive Force

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

6. 9.6 Section 1983 Claim Against Local Governing Body Defendants Based on Act of Final Policymaker—Elements and Burden of Proof

   ... each of the following elements by a preponderance of the evidence: First, [ name of person the plaintiff alleges was a final ... for the overall management of the event,” there was no evidence that the police chief “caused the situation-specific use of force ...

7. 9.30 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim of Sexual Assault

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

8. 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 employee ... (9th Cir. 2024) (rejecting a ratification argument absent evidence final policy maker “knew and approved” of a subordinate’s ...

9. 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 ...

10. 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 ...

Pages