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1. 15.12 Infringement—Elements—Validity—Trade Dress—Non–Functionality Requirement

   ... of proving non-functionality by a preponderance of the evidence [to show that the trade dress is valid and protected from ... is not functional.”). Because registration is prima facie evidence of validity, the defendant has the burden of proving functionality ...

2. 2.13 Use of Requests for Admission

   ... Requests for Admission             Evidence [will now be] [was] presented to you in the form of admissions to the ... be withdrawn or amended.”). A court may properly exclude evidence at trial that is inconsistent with a Rule 36 admission. 999 v. ...

3. 3.7 Deadlocked Jury

   ... the case for yourself, but only after you consider the evidence impartially with the other jurors. During your deliberations, you ... change an honest belief as to the weight or effect of the evidence solely because of the opinions of the other jurors or for the mere ...

4. 2.7 Transcript of Recording in Foreign Language

   ... a transcript of the recording that has been admitted into evidence. The transcript is an English-language translation of the recording. ... language, it is important that all jurors consider the same evidence. The transcript is the evidence, not the foreign language spoken in ...

5. 6.32 Venue

   ... venue need only be proven by a preponderance of the evidence. This means the government need only convince you that it is more ... doubt. The lesser standard of preponderance of the evidence only applies to your decision on the issue of venue. ... that the government must prove by a preponderance of the evidence. It is a jury question. Normally it is not for the court to determine ...

6. 1.3 Duty of Jury (Court Reads Instructions At The Beginning Of Trial But Does Not Provide Written Copies)

   ...         It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to ... That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.   ...

7. 2.6 Transcript of Recording in English

   ... heard] [watched]] a recording that has been received in evidence.   [Please listen to it very carefully.]   Each of you [has ...   However, bear in mind that the recording is the evidence, not the transcript.   If you [hear][heard] something different ...

8. 1.7 Credibility of Witnesses

   ... witness’s bias or prejudice, if any; (6) whether other evidence contradicted the witness’s testimony; (7) the reasonableness of the witness’s testimony in light of all the evidence; and (8) any other factors that bear on believability. You ...

9. 14.17 Firearms—Unlawful Possession—Defense of Justification

   ... of the elements of this defense by a preponderance of the evidence.   Comment               ... to the instruction when there is any foundation in the evidence.   However, a mere scintilla of evidence supporting a theory of ...

10. 7.9 Jones Act Negligence or Unseaworthiness—Plaintiff’s Negligence—Reduction of Damages

    ... that the plaintiff has established by a preponderance of the evidence that the plaintiff is entitled to recover under [the Jones Act ... has the burden of proving by a preponderance of the evidence that the plaintiff was negligent and that the plaintiff’s negligence ...

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