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  1. 2.5 Deposition in Lieu of Live Testimony

    ... the instruction as a part of his or her instructions before evidence, it should be modified appropriately.   ...

  2. 15.24 Defenses—Continuous Prior Use Within Remote Geographic Area—Affirmative Defense (15 U.S.C. § 1115(b)(5))

    ... of proving each of the following by a preponderance of the evidence:  First, the [defendant] [defendant’s assignor] ...

  3. 4.11 Eyewitness Identification

    ... should correlate with the amount of corroborative evidence. See United States v. Masterson , 529 F.2d 30, 32 (9th Cir. 1976). ...

  4. 1.16 Publicity During Trial

    ... case must be decided by you solely and exclusively on the evidence that will be received in the case and on my instructions as to the law ...

  5. 7.11 Maintenance and Cure—Elements and Burden of Proof

    ... each of the following elements by a preponderance of the evidence:  First, the plaintiff was a seaman;   ...

  6. 10.10 Civil Rights—Title VII—Retaliation—Elements and Burden of Proof

    ... each of the following elements by a preponderance of the evidence: First, the plaintiff [ name ]: [participated in an ...

  7. 10.9 Receiving Illegal Gratuity by Witness (18 U.S.C. § 201(c)(3))

    ...             Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...

  8. 18.3 Securities—Misrepresentations or Omissions—Materiality

    ... [ name ] must prove by a preponderance of the evidence that the defendant [ name ] ’s ...

  9. 17.33 Copyright—Affirmative Defense—Limitation on Liability for Information Location Tools (17 U.S.C. § 512(d))

    ... the burden of proving this defense by a preponderance of the evidence. The defendant [ name ] is eligible to use this defense if ...

  10. 5.3 Sentencing Entrapment

    ... of proving sentencing entrapment by a preponderance of the evidence.’”  United States v. Biao Huang , 687 F.3d 1197, 1203 (9th ...

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