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  1. 6.2 Entrapment

    ... or friendship.  Comment  When there is evidence of entrapment, an additional element should be added to the ... v. Paduano , 549 F.2d 145, 148 (9th Cir. 1977). Only slight evidence raising the issue of entrapment is necessary for submission of the ...

  2. 2.15 Disposition of Charge Against Codefendant

    ... and you must base your verdict[s] solely on the evidence against the remaining defendant[s].  Comment  Although ... to the jury and instruct them on their duty to consider the evidence of guilt or innocence as to the remaining defendant without any ...

  3. 2.15 Disposition of Charge Against Codefendant

    ... and you must base your verdict[s] solely on the evidence against the remaining defendant[s]. Comment ... absence to jury and instruct them on their duty to consider evidence of guilt or innocence as to remaining defendant without any reference ...

  4. 5.2 Entrapment

    ... Comment             When there is evidence of entrapment, an additional element should be added to the ... Paduano , 549 F.2d 145, 148 (9th Cir. 1977).  Only slight evidence raising the issue of entrapment is necessary for submission of the ...

  5. 15.11 Infringement—Elements—Validity—Distinctiveness—Secondary Meaning

    ... source is.   You must find that the preponderance of the evidence shows that a significant number of the consuming public associates the ... of ways, including “direct consumer testimony; survey evidence; exclusivity, manner, and length of use of mark; amount and manner of ...

  6. 15.29 Trademark Damages—Disgorgement of Defendant’s Profits (15 U.S.C. § 1117(a))

    ... which the plaintiff proves by a preponderance of the evidence. You may not, however, include in any award of profits any amount that ... the defendant’s gross revenue by a preponderance of the evidence.              Expenses are all the defendant’s ...

  7. 6.14 Lesser Included Offense

    ... on a lesser- included offense if the law and evidence satisfy a two-part test: 1) ‘the elements of the lesser ... v. United States , 489 U.S. 705, 716 (1989); and 2) ‘the evidence would permit a jury rationally to find [the defendant] guilty of the ...

  8. 3.14 Lesser Included Offense

    ... on a lesser- included offense if the law and evidence satisfy a two-part test: 1) ‘the elements of the lesser ... v. United States , 489 U.S. 705, 716 (1989); and 2) ‘the evidence would permit a jury rationally to find [the defendant] guilty of the ...

  9. 3.1 Statements by Defendant or Codefendant

    ... it.  In making those decisions, you should consider all the evidence about the statement, including the circumstances under which the ... the judge “shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such ...

  10. 9.16 Particular Rights—Fourth Amendment—Unreasonable Search—Exception to Warrant Requirement—Exigent Circumstances

    ... [property] was necessary to prevent [destruction of evidence] [escape of a suspect]  [physical harm to the officers or other ... the plaintiff must prove by a preponderance of the evidence that this exception to the warrant requirement does not apply.   ...

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