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  1. 17.22 Copyright—Affirmative Defense—Fair Use (17 U.S.C. § 107)

    ... the burden of proving this defense by a preponderance of the evidence.               In determining whether the use ... find that the defendant has proved by a preponderance of the evidence that the defendant made a fair use of the plaintiff’s work, your ...

  2. 9.13 Lacey Act—Defendant Should Have Known That Fish, Wildlife or Plants Were Illegally Taken

    ... act through ignorance, mistake or accident. You may consider evidence of the defendant's words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted knowingly. Due care means ...

  3. 2.1 Cautionary Instruction

    ... you as jurors will decide this case based solely on the evidence presented in this courtroom.  This means that, after you leave here ... is important that you decide this case based solely on the evidence and the law presented here.  So you must not learn any additional ...

  4. 4.1 Statements by Defendant

    ... 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 ...

  5. 2.16 Defendant's Previous Trial

    ... 2.16 DEFENDANT’S PREVIOUS TRIAL  You have heard evidence that the defendant has been tried before. Keep in mind, however, that you must decide this case solely on the evidence presented to you in this trial. You are not to consider the fact of a ...

  6. 1.13 Separate Consideration for Each Defendant

    ... to each defendant.  In doing so, you must determine which evidence in the case applies to each defendant, disregarding any evidence admitted solely against some other defendant[s].  The fact that you ...

  7. 6.17 Foreign Language Testimony

    ... language, it is important that all jurors consider the same evidence.  Therefore, you must accept the interpreter’s translation of the ... there is no dispute as to the accuracy of the translation of evidence in a foreign language, the jury may be instructed that it “is not ...

  8. 1.1 Duty of Jury

    ... it will be your duty to weigh and to evaluate all the evidence received in the case and, in that process, to decide the facts.   ... the law or not.   You must decide the case solely on the evidence and the law before you.                 ...

  9. 2.14 Dismissal of Some Charges Against Defendant

    ... of [ remaining count[s] ]. You may consider the evidence presented only as it relates to the remaining count[s].  ... defendant was on trial only for remaining counts, and that evidence could only be considered as it related to remaining charged counts or ...

  10. 7.7 Deadlocked Jury

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

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