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17.31 Copyright—Affirmative Defense—Limitation on Liability for Information Location Tools (17 U.S.C. § 512(d))
... the burden of proving this defense by a preponderance of the evidence. The defendant is eligible to use this defense if the ...
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5.3 Sentencing Entrapment
... of proving sentencing entrapment by a preponderance of the evidence.’” United States v. Biao Huang , 687 F.3d 1197, 1203 (9th ...
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10.4 Bribery of Witness (18 U.S.C. § 201(b)(3))
... Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...
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9.18 Particular Rights—Fourth Amendment—Unreasonable Seizure of Property—Generally
... the following additional elements by a preponderance of the evidence: 1. [ name[s] of applicable ...
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12.8 ADA—Ability to Perform Essential Functions—Factors
... or interviewing applicants for the job, this description is evidence of the essential functions of the job. ...
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6.28 Readback or Playback
... isolation but must be considered in the context of all the evidence presented. In United States ...
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2.8 Foreign Language Testimony
... language, it is important that all jurors consider the same evidence. Therefore, you must accept the interpreter’s translation of the ...
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6.2A Sentencing Entrapment
... of proving sentencing entrapment by a preponderance of the evidence.’" United States v. Biao Huang , 687 F.3d 1197, 1203 (9th Cir. ...
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17.21A Copyright—Useful Articles/Functional Elements (17 U.S.C. § 101)
... the defendant must prove by a preponderance of the evidence that the challenged article has an intrinsic use beyond ...
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6.11 Separate Consideration of Multiple Counts—Single Defendant
... to have followed instructions and not to have confused the evidence pertinent to the individual counts. United States v. Parker , 432 ...