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1. 17.36 Copyright—Damages—Innocent Infringement (17 U.S.C. § 504(c)(2))

   ... both of the following elements by a preponderance of the evidence:         First,  the  defendant  was  ...

2. 9.26A Particular Rights—Eighth Amendment—Convicted Prisoner's Claim of Sexual Assault

   ... establish the following elements by a preponderance of the evidence:    First, the defendant acted under color of law;    ...

3. 18.2 Illegal Gambling Business (18 U.S.C. § 1955)

   ...             Where jurors could find from the evidence two separate thirty-day periods, the jury must be instructed that they ...

4. 12.13 ADA—Defenses—Good Faith in Interactive Process

   ... defense, the defendant must prove, by a preponderance of the evidence, that the defendant demonstrated good faith efforts, in consultation ...

5. 1.5 Claims and Defenses

   ... Defenses             To help you follow the evidence, I will give you a brief summary of the positions of the parties: ...

6. 5.3 Damages—Mitigation

   ... has the burden of proving by a preponderance of the evidence:              First, that the plaintiff failed to use ...

7. 9.23 Particular Rights—Fourth Amendment—Unreasonable Seizure of Person—Probable Cause Arrest

   ... the plaintiff must prove by a preponderance of the evidence that [he] [she]  [ other pronoun ]   was arrested ...

8. Introductory Comment

   ... the theory has support in the law and some foundation in the evidence.”   United States v. Perdomo-Espana , 522 F.3d 983, ...

9. 15.44 Immigration Fraud—Use or Possession of Immigration Document Procured by Fraud (18 U.S.C. § 1546(a))

   ... prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States]]; and   ...

10. 12.1 ADA Employment Actions—Actual Disability—Elements

    ... of the following four elements by a preponderance of the evidence:                First, the plaintiff has a ...

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