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1. 17.34 Copyright—Damages—Defendant's Profits (17 U.S.C. § 504(b))

   ... to actual damages, the plaintiff is entitled to any profits of the defendant attributable to the infringement. You may not include in an ... with the infringement]].   The plaintiff has the burden of proving the defendant’s gross revenue by a preponderance of the ...

2. 1.2 The Charge—Presumption of Innocence

   1.2 The Charge—Presumption of Innocence             This is a criminal ... the level of proof necessary for the government to carry its burden is plainly inconsistent with the constitutionally rooted ...

3. 1.2 The Charge—Presumption of Innocence

   1.2 THE CHARGE—PRESUMPTION OF INNOCENCE This is a criminal case brought by the United States ... guilty and that he may only be convicted upon a showing of proof beyond a reasonable doubt." Gibson v. Ortiz , 387 F.3d 812, 820 (9th ... the level of proof necessary for the Government to carry its burden is plainly inconsistent with the constitutionally rooted presumption ...

4. 15.9 Infringement—Elements—Validity—Unregistered Marks

   ... right to use that mark.   Instruction [ insert number of instruction regarding Trademark Elements and Burden of Proof, e.g., 15.6 ] requires the plaintiff to prove by a ...

5. 5.13 Public Authority or Government Authorization Defense

   ... charged in the indictment, [he] [she] did so at the request of a government agent.  Government authorization of the defendant’s acts ... are more probably true than not true.  This is a lesser burden of proof than the government’s burden to prove beyond a reasonable ...

6. 6.11 Public Authority or Government Authorization Defense

   ... charged in the indictment, [he] [she] did so at the request of a government agent. Government authorization of the defendant’s acts ... prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable ...

7. 15.12 Infringement—Elements—Validity—Trade Dress—Non–Functionality Requirement

   ... [A product may be functional in either of two ways. They are referred to as “utilitarian functionality” and ...             [The plaintiff has the burden of proving non-functionality by a preponderance of the evidence [to show ... trademark on the Principal Register … shifts the burden of proof from the plaintiff, who would have to establish his right to exclusive ...

8. 6.4 Insanity

   ... The defendant contends [he] [she] was insane at the time of the crime. Insanity is a defense to the charge. The sanity of the defendant ... of [his] [her] acts.  The defendant has the burden of proving the defense of insanity by clear and convincing evidence. ...

9. 5.6 Insanity

   ... The defendant contends [he] [she] was insane at the time of the crime.  Insanity is a defense to the charge.  The sanity of the ... acts.             The defendant has the burden of proving the defense of insanity by clear and convincing evidence.  ...

10. 15.29 Trademark Damages—Disgorgement of Defendant’s Profits (15 U.S.C. § 1117(a))

    15.29  Trademark Damages—Disgorgement of Defendant’s Profits  (15 U.S.C. § 1117(a))         ... trademark in the sale of a [product]. The plaintiff has the burden of proving the defendant’s gross revenue by a preponderance of the ...

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