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1. 15.48 Sale of Unregistered Securities

   15.48 Sale of Unregistered Securities (15 U.S.C .  ... the registration provisions, the defendant then has the burden of proof in showing entitlement to an exemption.’”   CMKM Diamonds, Inc. ...

2. 10.14 Civil Rights—Title VII—Defense—Bona Fide Occupational Qualification

   ... contends that [religion] [sex] [national origin] is part of a bona fide occupational qualification.   The defendant has the burden of proving both of the following elements by a preponderance of the ...

3. 17.33 Copyright—Damages—Actual Damages (17 U.S.C. § 504(b))

   ... entitled to recover the actual damages suffered as a result of the infringement. Actual damages mean the amount of money adequate to ... difficulty [the copyright owner] might face in meeting the burden of proof for lost profits and infringer’s profits” (citing On ...

4. 17.5 Copyright Infringement—Elements—Ownership and Copying (17 U.S.C. § 501(a)-(b))

   ... original expression from a copyrighted work during the term of the copyright without the owner’s permission infringes the copyright. ... copyright infringement claim, the plaintiff has the burden of proving by a preponderance of the evidence that:       ...

5. 15.13 Infringement—Elements—Ownership—Generally

   ... if industry or public usage creates, for a majority of [relevant] consumers, an association between the person and the mark prior ... has acquired secondary meaning, the plaintiff has the burden of showing by a preponderance of the evidence that the plaintiff’s [ ...

6. 9.36 Discrimination in Making and Enforcing Contracts (42 U.S.C. § 1981)

   ... [enjoying a benefit, privilege, term, or condition of] a contract because of the plaintiff’s race. To prevail on this claim, the plaintiff has the burden of proving the following elements by a preponderance of the evidence: ...

7. 5.5 Punitive Damages

   ... are not required to, award punitive damages. The purposes of punitive damages are to punish a defendant and to deter similar acts in the ...             The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing ...

8. 6.25 Deadlocked Jury

   ... [ Option 1]             Members of the jury, you have reported that you have been unable to reach a unanimous ... innocent and that the Government, not the Defendant, has the burden of proof. Also, the Government must prove the Defendant guilty beyond a ...

9. Jury Instruction Numbers Conversion Table

   ... 1.1 1.1 Duty of Jury 1.2 1.2 The ... Against Defendant Not Evidence—Presumption of Innocence—Burden of Proof 3.3 6.3 ...

10. 9. Civil Rights Action—42 U.S.C. § 1983

    ... which provides:   Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or ... Body Defendants Based on Ratification—Elements and Burden of Proof) (addressing ratification and causation).  “[A] municipality ...

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