What is the test for determining whether a party to a civil lawsuit can be found to have committed acts of planning or preparation?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jerez, 935 F.2d 276 (9th Cir. 1991):
Id. at 1302 (quoting United States v. Mandujano, 499 F.2d 370, 376 (5th Cir.1974), cert. denied, 419 U.S. 1114 (1975)). Although the inquiry is essentially fact-bound, the reviewing court has a role: to see whether there is proof of conduct that goes beyond planning or preparation
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