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1. 7.5 Unseaworthiness Claim—Elements and Burden of Proof

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

2. 17.30 Copyright—Affirmative Defense—Limitation on Liability for Transitory Digital Network Communications (17 U.S.C. § 512(a))

   ... following elements of this defense by a preponderance of the evidence: First, the defendant [ name ] is a service provider of network ...

3. 10.7 Receiving Illegal Gratuity by Public Official (18 U.S.C. § 201(c)(1)(B))

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

4. 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 ...

5. 5.4 Damages Arising in the Future—Discount to Present Cash Value

   ... Comment               There must be evidence to support this instruction.  See Monessen Sw. Ry. Co. v. Morgan , ...

6. 2.9 Foreign Language Testimony

   ... language, it is important that all jurors consider the same evidence.   Therefore, you must accept the interpreter’s translation of ...

7. 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   ...

8. 12.5 ADA—Work as Major Life Activity

   ... working, the plaintiff must prove, by a preponderance of the evidence, that the plaintiff was substantially limited in [his] [her] [ ...

9. 15.26 Defenses—Nominative Fair Use

   ... ] has the burden of proving, by a preponderance of the evidence, that the defendant [ name ]’s use of the mark does not meet ...

10. 12.3 ADA Employment Actions—Regarded As Disability—Elements

    ... of the following three elements by a preponderance of the evidence:               First, the plaintiff was ...

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