Alexsei provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for an action for unjust enrichment?
British Columbia, Canada
What is the state of the law on driver's liability in a motor vehicle accident?
California, United States of America
What is the applicable statute of limitations for an action brought by a plaintiff in her personal injury case?
California, United States of America
What is the standard of review of a decision confirming a driving prohibition?
British Columbia, Canada
Does a federal district court's failure to make the required findings constitute plain error?
MultiRegion, United States of America
What is the implied duty of good faith in contract law in Canada?
Ontario, Canada
What is the impact of requiring defense counsel who speak the same language as defendant to act as interpreter at trial?
California, United States of America
What is the test for establishing a threshold of significance?
California, United States of America
In assessing the demeanour of a witness, can a witness be distinguished from their physical appearance?
Ontario, Canada
What is the test for instructing a jury on self-defense or defense of another?
California, United States of America
What standard of review applies to mixed fact and law?
Canada (Federal), Canada
What is the test for a service ex juris application?
Alberta, Canada
What is the test for wrongful conduct in a medical malpractice case?
California, United States of America
What is the legal test for accepting a guilty plea?
Prince Edward Island, Canada
What is the test for making restitution to a victim in a sexual assault case?
California, United States of America
Can a chemical that was sprayed on a race car driver while he was still inside be used as a plaintiff in a personal injury action?
California, United States of America
Does the fact that a director of a bank failed to discover the existence of an ongoing embezzlement constitute fraudulent concealment?
MultiRegion, United States of America
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection?
Alberta, Canada
What is the test for determining whether a defendant's financial condition is sufficient to sustain an award of punitive damages?
California, United States of America
Does the suing and labouring clause in a lifeboat policy apply to liability coverage in the case of a collision?
British Columbia, Canada
What is the test for discharging an appointed counsel under the deferential abuse standard?
California, United States of America
What are the grounds for appeal against the revocation of a defendant's probation?
California, United States of America
How has the court disposed of a motion alleging that the trial court failed to conduct an inquiry into the grounds for appellant's dissatisfaction with appointed counsel?
California, United States of America
What is the test for obtaining permission to prepare a settled statement at a personal injury hearing?
California, United States of America
What is vexatious?
Ontario, Canada
What is the test for a warrantless search?
MultiRegion, United States of America
What is the test for striking a motion in a medical malpractice case?
British Columbia, Canada
What is the appropriate standard of review?
Canada (Federal), Canada
What is the impact of a motor vehicle accident on a plaintiff’s mobility impairment?
British Columbia, Canada
Can a motion for abuse of discretion be denied?
MultiRegion, United States of America
What is the test for interpretation of a statute?
California, United States of America
What is the definition of a burglary under section 459.5 of the California Criminal Code?
California, United States of America
What is the jury's duty not to consider the subject of penalty or punishment in its deliberations?
California, United States of America
Does the government's use of analogies to enable jurors unfamiliar with securities trading to evaluate evidence in the context of securities trading constitute advocacy?
MultiRegion, United States of America
In what circumstances will a solicitor be deemed to have authority?
British Columbia, Canada
What is the current state of the law on covenant not to execute?
California, United States of America
Can a verdict of guilty be safely founded on the evidence of a single witness?
Ontario, Canada
How have the courts interpreted the good faith exception to the exclusionary rule in denying a motion to suppress seized evidence?
MultiRegion, United States of America
What is the standard of review of a ruling made by an arbitrator in the course of an arbitration?
Ontario, Canada
What are the statutory references to SLAPP and SLAPP?
California, United States of America
Does a defendant have any case law or case law relating to ineffective assistance of counsel?
California, United States of America
Is there any abuse of discretion or violation of a defendant's right to counsel under People v Marsden?
California, United States of America
Is sufficient notice sufficient to inform a defendant of the crime charged?
California, United States of America
Does a jury need to unanimously convict a defendant of two separate acts of burglary?
California, United States of America
What is the test for ineffective assistance in a writ of habeas corpus case?
California, United States of America
Is there any case law or case law that would require the court to conduct a minute analysis of a joint bank account?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
MultiRegion, United States of America
What is the test for punitive damages against a doctor who sexually abused a patient?
British Columbia, Canada
What is the current state of the law in Canada on Charter rights?
Ontario, Canada
What is considered an urgent application for an order to restrict travel to certain countries?
British Columbia, Canada
What is the test for discharging a caveat under the Land Titles Act?
Alberta, Canada
What is the test for calculating the amount of income a child should receive from their parents?
Ontario, Canada
Is a defendant's opportunity to prepare an effective defense affected if evidence at trial shows the alleged crimes occurred at a different time and location?
California, United States of America
What is the appropriate test for a motion to obtain an injunction to stop a party from moving to a different location?
Ontario, Canada
What is the test for approaching an uncontrolled intersection?
British Columbia, Canada
Can a police officer ask questions at the front door of a home without a search warrant?
California, United States of America
What is the burden of proving that a miscarriage of justice would most likely occur if the matter was not reopened?
British Columbia, Canada
What is the test for adverse possession of a property?
California, United States of America
What is the current state of the law in terms of describing events in issue as "the subject of a hypnotic session"?
California, United States of America
What is the impact of a low impact collision on your mobility scooter?
British Columbia, Canada
What type of change is sufficient to change a custody order?
Ontario, Canada
Does a motion to dismiss a complaint with prejudice for failure to state a claim have to be appealed?
MultiRegion, United States of America
Can a court order that a defendant participate in a substance abuse program if one is available?
California, United States of America
Can a search warrant be used against a defendant who has been arrested?
MultiRegion, United States of America
What is the test for changing custody of a child?
Saskatchewan, Canada
What is the burden of proving that a party to a will has a valid testamentary capacity?
British Columbia, Canada
What is the burden of establishing supervised access?
Ontario, Canada
Is it reasonable to delay seeking to compel arbitration?
California, United States of America
How do courts order disclosure of documents in stages?
British Columbia, Canada
What is the result of a motion denying a defendant's motion for remand and remand for further proceedings?
California, United States of America
What is the standard of proof in a personal injury case?
British Columbia, Canada
Does the doctrine of vicarious liability apply to domestic workers employed by a homeowner?
California, United States of America
Is it more likely than not that the prosecution's evidence in a sexual assault case is reasonable?
California, United States of America
Does Counsel's failure to object to evidence of a hypodermic needle and vial evidence constitute ineffective assistance of counsel?
California, United States of America
Is a fiduciary officer permitted to enter into an engagement where he has a personal interest?
British Columbia, Canada
Does a motion to dismiss an appeal before a full written opinion on the same issue need to be considered by the Court of Appeal?
California, United States of America
What is the test for a search incident to arrest?
California, United States of America
What is the test for a defence of responsible communication?
Ontario, Canada
Is there any case law supporting a defendant's conviction under a lying in wait theory?
California, United States of America
What is the test for construing a statute for a unanimous court?
California, United States of America
What is the test for default judgment in a personal injury case?
California, United States of America
Does the crime of conspiracy not lie for the commission of attempted crimes?
California, United States of America
What is the police duty of informing a detained person that they have a right to retain counsel?
British Columbia, Canada
What is the test for admissible statements under the hearsay rule?
California, United States of America
Does Mave have a claim for attorney fees in a bad faith action?
California, United States of America
Can an appeal against an order requiring costs to be paid forthwith after taxation be paid?
Saskatchewan, Canada
What is the burden of proof at a restoration hearing?
California, United States of America
How have the courts interpreted a motion to suppress?
MultiRegion, United States of America
What is the current state of the law on false or misleading statements?
California, United States of America
What is reckless knowledge of a lawyer who is aware of the risk that her conduct will be part of a dishonest transaction?
Ontario, Canada
On what grounds can a motion for a new trial be abused?
California, United States of America
Can an insurer deny a plaintiff's claim that she was induced to delay, or delay, filing a claim against the insurer?
California, United States of America
What is the test for damages for units damaged by contaminated diesel fuel?
Saskatchewan, Canada
What is the test for a motion for disclosure of information in the personnel files of a police officer?
California, United States of America
What is the test for establishing a fiduciary relationship?
British Columbia, Canada
What is the limitation on implied malice in the case of second degree murder?
California, United States of America
What is the test for discharging a bankrupt who has been found guilty of gross misconduct?
Alberta, Canada
What is the standard of review in the context of a child protection matter?
Newfoundland and Labrador, Canada
What is the propriety of a jury instruction under the de novo standard?
California, United States of America
What is the test for well-being in a child's care?
British Columbia, Canada
Does the trust rule in Saunders v. Vautier allow employees to circumvent statutory procedure and defeat the objective of the legislative scheme?
Ontario, Canada
What is the test for disclosure of evidence in a criminal case?
California, United States of America
In what circumstances will a defendant be found guilty of first-degree murder for a hit-and-run incident?
California, United States of America
What is the four-part test in Fotheringham v.Fotheringham?
British Columbia, Canada
What is the current state of the law on constructive dismissal?
Ontario, Canada
What are the findings of an independent review of the record?
California, United States of America
What is the test for using the word "provocation" in a jury trial?
California, United States of America
What is the mental element of a corporation's representation that a reclaimed landfill exists on the property?
Alberta, Canada
What is the test for an appeal against the findings and conclusions of a jury in a sexual assault case?
British Columbia, Canada
What is the test for excluded hours when children are in school?
Ontario, Canada
Can a defendant appeal against a finding that he violated section 314 of the Penal Code in a motion to revoke his probation?
California, United States of America
Is a search warrant based solely upon a statement of opinion by an officer concerning a defendant's suspected criminal activity?
California, United States of America
Does a plea of guilty need to be heard in a separate court?
MultiRegion, United States of America
Does a jury need to consider whether a defendant's failure to testify is evidence of his guilt?
California, United States of America
Is there insufficient evidence to support plaintiff's claim that the design of the horn cap was defective?
California, United States of America
Is it an abuse of discretion to sustain demurrers on that ground without leave to amend?
California, United States of America
In what circumstances will a police officer be required to disclose derogatory material in a file?
California, United States of America
What is the scope of a motion to amend section 1009?
California, United States of America
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
How has the substantial evidence test been applied in civil cases?
California, United States of America
Does the error in failing to modify CALCRIM No. 301 constitute a harmless beyond a reasonable doubt?
California, United States of America
What is the test for admitting or excluding evidence from a medical record?
California, United States of America
What is the test for an appeal from an indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting his status as a parent?
California, United States of America
What is the burden of proving a transfer of funds under the law of gifts?
British Columbia, Canada
What is the test for granting relief from forfeiture under s. 10 of the Criminal Code Act?
British Columbia, Canada
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court?
California, United States of America
What is the test for a remedy for proprietary estoppel?
British Columbia, Canada
What is the test for establishing that a criminal street gang is a "criminal street gang"?
California, United States of America
What is the impact of s. 15 of the Canadian Constitution on equality rights?
Ontario, Canada
Does a request to the employer or to the insurer or administrator for vocational rehabilitation benefits constitute a request?
California, United States of America
What is the test for establishing that a party to a contract has a right to terminate the contract?
British Columbia, Canada
What is the test for a defendant to have a speedy trial under section 5 of the Sixth Amendment?
California, United States of America
What is the standard of review for a parole revocation fine?
California, United States of America
What is the legal test for an indefinite order of spousal support?
British Columbia, Canada
What is the quantum of damages for non-pecuniary loss?
British Columbia, Canada
What are the causes of action for breach of contract?
California, United States of America
Is a defendant incompetent to stand trial?
California, United States of America
How has section 422 of the Criminal Code been interpreted in a sexual assault case?
California, United States of America
What is the law society’s sentencing process for a lawyer who has been found guilty of a breach of the Law Society of BC's code of conduct?
British Columbia, Canada
How have courts interpreted the reasonableness standard in cases?
British Columbia, Canada
Can a criminal defendant compel discovery of a police officer's personnel file?
California, United States of America
Does complying with an undertaking in a personal injury action materially advance an action?
Alberta, Canada
What is the current state of the law on the right of publicity for the use of a person's name, likeness or personality?
MultiRegion, United States of America
What are the elements of embezzlement and theft by false pretenses?
California, United States of America
Is a crime committed in association with a gang if the parties relied on their common gang membership and the apparatus of the gang in committing the crimes?
California, United States of America
What is the test for awarding double costs in a personal injury case when an offer to settle expired?
British Columbia, Canada
Is there any case law where a defendant's defense counsel was ineffective for not objecting?
California, United States of America
What is the test for setting aside an under value contract?
Saskatchewan, Canada
What is the scope of a civil action brought by a taxpayer against a government official?
California, United States of America
What is the effect of a prior order denying the relator's petition for a writ of habeas corpus?
MultiRegion, United States of America
What is the legal test for consent to appeal?
British Columbia, Canada
What is the test for determining that a mortgage agreement does not require the borrower to obtain financing from a third party?
Alberta, Canada
How have courts dealt with personal injury claims in personal injury cases?
California, United States of America
Can a witness be cross-examined for personal ill will?
California, United States of America
How have courts interpreted sentencing statements from the trial court?
California, United States of America
What is the test for dismissing a strike prior?
California, United States of America
Is there any case law supporting the principle that due diligence is fact-specific?
Ontario, Canada
Does section 654 of the California Criminal Code bar separate punishment for the three attempted murders and the three firearm enhancements?
California, United States of America
How have courts dealt with a mistake of identity in the land titles registration system?
Alberta, Canada
What is the effect of an arbitration clause in a commercial contract?
Canada (Federal), Canada
Does the acquittal first rule apply to a jury in a second-degree murder case?
California, United States of America
How have courts interpreted section 352 of the California Evidence Code for excluding prejudicial evidence in a sexual assault case?
California, United States of America
What is the test for an award in an action of trespass referred to an arbitrator?
British Columbia, Canada
What is the test for a false imprisonment claim?
California, United States of America
Can a search or seizure be conducted for another purpose?
Ontario, Canada
What are the consequences of a parent's text messages to their 8-year-old daughter for failing to comply with a restraining order?
Ontario, Canada
What is the test for making a statement in a "public issue" context?
California, United States of America
What evidence has been given in support of a reduced spousal support application?
Ontario, Canada
What is the cost of future care for a plaintiff?
British Columbia, Canada
Does a witness have privilege to refuse to answer questions in a civil case?
California, United States of America
What is the test for sanctions under section 2023.030 of the California Code of Civil Procedure?
California, United States of America
How has the defence in chief examination addressed the allegation that the complainant was not cross-examined on the allegation of tugging a piece of gum towards someone?
British Columbia, Canada
In what circumstances have appellate courts refused to grant relief to a defendant who failed to respond to a complaint on the eve of the filing date?
California, United States of America
Is a private landowner entitled to compensation for damages caused by the failure of a water delivery system?
California, United States of America
How is credibility assessed in the context of criminal or quasi-criminal trials?
Ontario, Canada
What is the test for reducing intentional killing to voluntary manslaughter in a "heat of passion" case?
California, United States of America
Does a de novo hearing for an application for an IPO proceed before the same judge who granted the ex-parte order?
British Columbia, Canada
In what circumstances will police be called to a school when a teacher is on stress leave?
British Columbia, Canada
What is the test for instructing a jury in a sexual assault case?
California, United States of America
What is the test for determining whether a spouse is entitled to spousal maintenance?
British Columbia, Canada
In what circumstances will the clerk of the peace for the Westminster sessions attend with the original record of an acquittal?
Ontario, Canada
What is the test for "reasonably spent" attorney fees?
California, United States of America
Is an undertaking enforceable?
British Columbia, Canada
Can a mortgagor redeem a mortgage where there are several successive mortgages?
British Columbia, Canada
Does the delay in producing evidence in a criminal case affect the outcome of the trial?
California, United States of America
Does an employer have to raise with the applicant her work related shortcomings?
Ontario, Canada
Is it appropriate to re-open a hearing to receive oral evidence in cases of conflicting evidence?
British Columbia, Canada
Is a prior conviction under section 1385 subject to review?
California, United States of America
Can an owner of a strata lot be held responsible for damage caused by a guest discarding a cigarette?
British Columbia, Canada
What is the test for determining whether a plaintiff’s earning capacity will be diminished as a result of injury?
British Columbia, Canada
Does the fact that the federal authorities had a duty in exercising their powers over reserve land to endeavour to serve the best interests of the band for whom the land was held require emphasis?
British Columbia, Canada
What is the effect of a decision being reconsidered by an administrative tribunal?
British Columbia, Canada
What is the effect of a prosecutor arguing that the jury should impose the death penalty to exact retribution?
California, United States of America
Is there any case law supporting the argument that the instructions to the jury on rape of an intoxicated woman were prejudicially incomplete and misleading?
California, United States of America
What is the appropriate interest rate for a personal injury loan?
British Columbia, Canada
What is the test for imputing income on a motion to change support?
British Columbia, Canada
In a personal injury case, has a plaintiff been diagnosed with post traumatic stress disorder?
British Columbia, Canada
Is a dependent parent entitled to a direct payment of child support costs?
Ontario, Canada
What is the state of the law on cruel and unusual punishment?
California, United States of America
Can a parent of one spouse be taken to have intended the gift to both spouses?
British Columbia, Canada
