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  1. 15.7 Fraud in Connection with Identification Documents—Possessing Another’s Means of Identification (18 U.S.C. § 1028 (a)(7))

    ... A § 1028(a)(7) conviction requires no evidence of an underlying crime.   United States v. Sutcliffe , 505 F.3d ...

  2. 7.12 Maintenance and Cure—Willful or Arbitrary Failure to Pay

    ... each of the following elements by a preponderance of the evidence:  First, the plaintiff was entitled to [maintenance] [and] ...

  3. 10.16 Civil Rights—Title VII—Defense—Bona Fide Occupational Qualification

    ... both of the following elements by a preponderance of the evidence: First, that the occupational qualification is reasonably ...

  4. 3.9 Testimony of Witnesses Involving Special Circumstances—Immunity, Benefits, Accomplice, Plea

    ... the defendant is on trial.   This guilty plea is not evidence against the defendant, and you may consider it only in determining ...

  5. 18.4 Securities—Forward-Looking Statements

    ... 10b-5 only if the plaintiff proves by a preponderance of the evidence that, at the time the forward-looking statement was made, (1) the ...

  6. 8.19 Receiving Illegal Gratuity by Witness

    ... (Illegal Gratuity to Witness). Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...

  7. 5.12 Mere Presence

    ... presence may be considered by the jury along with other evidence in the case. Comment ...

  8. 17.34 Copyright—Damages (17 U.S.C. § 504)

    ... preponderance of the evidence.   Comment               Give ...

  9. 15.28 Trademark Damages—Actual or Statutory Notice (15 U.S.C. § 1111)

    ... has the burden of proving by a preponderance of the evidence that the defendant had [either statutory or] actual notice that the ...

  10. 15.20 Expressive Works

    ... only if the plaintiff proves by a preponderance of the evidence that the defendant’s use of the plaintiff’s mark is explicitly ...

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