NC · jury_instructions
N.C.P.I.—Civil 813.92
MISAPPROPRIATION OF TRADE SECRET - ISSUE OF MISAPPROPRIATION.
The (state number) issue reads:
"Did the defendant misappropriate the plaintiff's trade secret?"2
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff. On this issue the burden of
proof is on the plaintiff. This means that the plaintiff must prove, by the
greater weight of the evidence, that the defendant misappropriated the
trade secret of the plaintiff. "Misappropriation" means the [acquisition]
[disclosure] [use] of a trade secret of another person without such
person's express or implied consent.3
Finally, as to the (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
the defendant misappropriated the plaintiff's trade secret, then it would
be your duty to answer this issue "Yes" in favor of the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 813.92 (June 2013). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
799e274920877b4684d5300196f4cd4308de25b26ce4fbca7359052b9df944ae
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