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 are the statutory references to SLAPP and SLAPP?
California, United States of America
What is the meaning of the term "abuse of discretion" and what is the effect of it?
MultiRegion, United States of America
What is the definition of a "wobble" and what are the consequences of the crime?
California, United States of America
Does the statute of limitations on a cause of action for quiet title run against an owner in possession?
California, United States of America
What is the purpose of requiring an expert's report to state the reasons for their opinions?
Ontario, Canada
What is the test for a plaintiff to be successful in a sexual assault case?
Ontario, Canada
In what circumstances will a police officer coerce a witness into giving a false statement?
California, United States of America
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)?
British Columbia, Canada
What is the meaning of words such as “treatment” and “basic personal care”?
British Columbia, Canada
Does Defendant have a right to an ability-to-pay hearing?
California, United States of America
Is there any case law where a defence counsel sought to exclude the evidence of a witness in a civil case?
California, United States of America
Can a criminal defendant be deprived of a speedy trial because the prosecution is lazy or indifferent?
California, United States of America
Is a limitation period expired prior to the issuance of a statement of claim?
Ontario, Canada
What is the test for a motion for a mistrial?
California, United States of America
What is the per se reversible error rule?
California, United States of America
What is the basic principle of the law of an attempted murder?
Manitoba, Canada
Is a District Court's sentencing decision under a deferential abuse of discretion standard?
MultiRegion, United States of America
In what circumstances will the beneficiary of a Will be entitled to a 20% interest in the estate of the deceased?
Ontario, Canada
What is the test for proving an alleged agreement between two parties?
Ontario, Canada
Is it misconduct for a juror to introduce any extrinsic material into the jury room?
California, United States of America
Is it right or wrong when there is a plea which, if sustained, would prevent the necessity of discovery first?
Saskatchewan, Canada
Is continuing sexual contact after someone has said no to be reckless conduct?
Alberta, Canada
In what circumstances will child support be considered as income for purposes of child support purposes?
Nova Scotia, Canada
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant?
California, United States of America
What is the current risk to the applicant if they return to their home country of origin?
Canada (Federal), Canada
What is the meaning of an "immediate hazard" in a motor vehicle application?
British Columbia, Canada
How have the courts in the Republic of Ireland assessed credibility of a witness?
British Columbia, Canada
What factors will be considered by the BCSC in assessing credibility and reliability?
British Columbia, Canada
Does pre-judgment interest run from March 1997 for a one-time act?
Ontario, Canada
What is the burden of establishing residence on the spouse?
California, United States of America
Is it appropriate to re-open a hearing to receive oral evidence in cases of conflicting evidence?
British Columbia, Canada
Can a party be held liable for negligent misrepresentation in the context of a contract?
Alberta, Canada
What are some cases involving long-term whiplash?
British Columbia, Canada
What standard of review applies to the interpretation of the notice?
California, United States of America
What is the test for holding an accomplice responsible for a crime he intended to commit?
California, United States of America
What is the test for possession of a controlled substance?
California, United States of America
In what circumstances will a court allow a husband to claim half of his share of income from his wife's contributions during their marriage?
Saskatchewan, Canada
What is the test for a motion for a new trial based upon jury misconduct?
California, United States of America
Does section 24 of the California Code of Civil Procedure preclude any breach of contract claims?
California, United States of America
Can a judge refuse to charge as requested?
MultiRegion, United States of America
Is a knowing and voluntary waiver of a defendant's right to appeal a sentence within the Guidelines range enforceable?
MultiRegion, United States of America
What is the difference between an enhanced sentence and a reduced sentence?
California, United States of America
Is there a right to privacy in arrest records?
California, United States of America
What is the test for a motion to strike in an anti-SLAPP action?
California, United States of America
What is the joint and several liability of multiple codefendants in a civil case?
California, United States of America
Can a court make a vesting order to ensure payment of equalization payments where the payor is unknown?
Ontario, Canada
Can a defendant who was not present at the time of the discovery of drugs and two assault weapons under section 12022 of the Criminal Code apply for an increase in his sentence?
California, United States of America
What is the test for a court to determine whether a section of a criminal code can be interpreted in two different ways?
California, United States of America
What is the effect of surveillance on a protected private sphere?
Ontario, Canada
What is the effect of the Court of Appeal's disposition of a civil case in the absence of a theoretical question of jurisdiction?
MultiRegion, United States of America
What is the impact of questioning a party in a personal injury action?
Ontario, Canada
How have courts interpreted the Miranda claim in the context of "custodial interrogation"?
California, United States of America
What is the test for a jury to convict appellant of felony murder under the special circumstance?
California, United States of America
Can a reconsideration panel consider extrinsic evidence as part of a judicial review?
British Columbia, Canada
What factors are considered to be relevant in a sexual assault case?
California, United States of America
Does a seller have a duty to disclose patent defects to the purchaser?
British Columbia, Canada
What is the test for admitting a child's statement that describes physical or sexual abuse?
California, United States of America
Is section 4558 of the California Motor Vehicle Licensing Act applicable to a power press?
California, United States of America
What is the impact of counsel not doing his job by presenting a closing argument for the defense?
California, United States of America
What is the test for establishing a constructive trust between a husband and wife?
Canada (Federal), Canada
What is the current state of the case law on post traumatic stress disorder?
British Columbia, Canada
What is the test for single management of a class proceeding?
Ontario, Canada
What is the test for an offer of settlement made under section 998 of the California Vehicle Accident Act?
California, United States of America
What is the test for cross-examining a party who has petitioned for a restraining order?
California, United States of America
Is a confession obtained by a police officer from a criminal suspect voluntary?
California, United States of America
What is the effect of a trial judge’s “dollar for dollar” approach to reapportionment of the family finances?
British Columbia, Canada
Does a defendant's failure to object to the manner in which a trial court conducts voir dire forfeits any claim of error on appeal?
California, United States of America
What is the impact of non-compliance of disclosure rules in the context of family law?
Ontario, Canada
What is the test for an agreement where the parties have reached an agreement subject to the approval of the court?
Ontario, Canada
Can expert testimony on eligibility requirements and the amount of overpayments be presented to the jury?
California, United States of America
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case?
British Columbia, Canada
Does a director have the power to adjourn a shareholder meeting before it occurs?
British Columbia, Canada
What is the test for a jury in a professional negligence case?
Ontario, Canada
What is the test for a person to be found guilty of making a threat against someone who has committed acts of terrorism?
California, United States of America
Can a plaintiff claim for negligent infliction of emotional distress without showing any physical injury?
California, United States of America
What are the principles and procedures to register and vacate a notice of lis pendens?
Newfoundland and Labrador, Canada
Can a contemnor be sent to prison or fined for contempt of court?
British Columbia, Canada
What is the test for impeaching a witness in a criminal case?
California, United States of America
What is the fatal flaw in a proposed certification before Justice Winkler in a tobacco case?
British Columbia, Canada
In a summary judgment proceeding in a child protection case, is a bald allegation as to the existence of a parent-child relationship insufficient to raise a genuine issue for trial?
Ontario, Canada
What are the reasons of a judge's decision in a sexual assault case?
Ontario, Canada
What is the ultimate test for determining the best interests of the children?
New Brunswick, Canada
What is the test for a joint author of a work?
British Columbia, Canada
Can an employee who climbs a ladder to retrieve a customer's merchandise be held responsible for the injury?
British Columbia, Canada
When will an appeal court refuse to consider an argument that does not require further evidence?
Canada (Federal), Canada
What is the meaning of the word "affirmative defense"?
California, United States of America
What is the impact of a payor's decision to quit his job in 2014 to pursue other employment options?
Ontario, Canada
Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made?
Ontario, Canada
Is a defendant entitled to a noticed hearing to determine whether he has the ability to pay the attorney fees under section 987.8?
California, United States of America
What is the adequacy of wording in a draft amended statement of claim?
Canada (Federal), Canada
What is the test for reasonable suspicion under the Fourth Amendment?
California, United States of America
Can an adjudicator make a deportation order rather than a departure notice under s. 45(1) of the Immigration Code?
Canada (Federal), Canada
What is the current state of the law on the balance of probability test?
British Columbia, Canada
What is the test for objecting to Section 654 of the California Criminal Code?
California, United States of America
In what circumstances will a tenant be evicted from a rental unit after the statutory statutory period has expired if they bring a moving van to the former rental unit during the statutory period?
Ontario, Canada
What is the test for equity when a property is transferred gratuitously?
British Columbia, Canada
Can a victim's family member attend a trial for abuse of child abuse?
California, United States of America
What is the evidentiary burden of demonstrating where the best interests of the child lie?
Ontario, Canada
What is the test for premeditated and deliberate intent to torture under the torture-murder special circumstance?
California, United States of America
What is the test for determining whether the donor or the donor knew what they intended to do?
British Columbia, Canada
What is the test for making findings of fact and conclusions of law in relation to an order that denied modification of an order fixing inheritance tax?
California, United States of America
What is the right of a police officer to search the outer clothing of an armed man in the street?
California, United States of America
What is the test for appealing a jury verdict in a medical malpractice case?
Ontario, Canada
What is the test for expert opinion in professional malpractice cases?
California, United States of America
What is the test for determining whether section 654 of the California Criminal Code applies to a defendant's intent and objective?
California, United States of America
What is the test for assessing in-trust claims against a care-giving family member?
British Columbia, Canada
What is the test for determining whether parties have entered into and agreement in a family law context?
Saskatchewan, Canada
What is the proper approach to assessing damages in a medical malpractice case?
Alberta, Canada
What is the test for primary assumption of the risk in a motor vehicle accident?
California, United States of America
What is the test for overturning a finding of guilty of the crime of mayhem?
California, United States of America
What is the impact of costs in the Mancini v.Mancini case?
Ontario, Canada
Is a chambers judge obliged to remit a case to trial just because there are conflicting affidavits?
British Columbia, Canada
Can a defendant make out an ineffective assistance claim on the basis of the trial record?
California, United States of America
What is the test for a plaintiff to sue at an exhibition?
British Columbia, Canada
How has the sophisticated user defense been applied to a failure to provide instruction for the safe rigging of a powered scaffold?
California, United States of America
What is the test for admitting fresh evidence in a civil case?
British Columbia, Canada
What are the quantum differences between accident insurance benefits in quantum and quantum?
British Columbia, Canada
Is there any case law in which a trial judge was wrong in finding that a plaintiff was not entitled to be held liable for sexual assault?
British Columbia, Canada
What is the impact of a minimum sentence on a defendant who has successfully defended against the crime charged?
California, United States of America
What constitutes a search and seizure of a digital scale?
California, United States of America
Can a defendant request access to jurors' personal identifying information to communicate with jurors for the purpose of developing a motion for new trial?
California, United States of America
What is the burden of persuasion for a defendant in a non-homicide assault case?
California, United States of America
What is the test for jury instruction No. 18 in a case where a jury is not required to reach unanimity as to the existence or weight of any factors in mitigation?
California, United States of America
What is the pre-condition for issue estoppel?
British Columbia, Canada
Is a probation condition requiring a person to possess a firearm for the rest of his life enforceable?
California, United States of America
What is the statute of limitations for a claim under Section 1983?
MultiRegion, United States of America
Is a defendant's contention that the prosecutor's remarks were not so inflammatory as to divert the jury's attention or invite an irrational response?
California, United States of America
Under what circumstances will a judge make a determinative decision on a motion of no confidence?
California, United States of America
What is the test for varied maintenance orders?
British Columbia, Canada
What is the burden of proving the reasonableness of deductions from business income?
British Columbia, Canada
Can a defendant be released on parole if the jury does not find the special circumstances allegation true?
California, United States of America
What are the damages for future care?
British Columbia, Canada
Is a factually inconsistent crime between sealing currency and receiving stolen currency?
MultiRegion, United States of America
How is child support payable in BC when the child is over the age of majority?
Ontario, Canada
Is there any case law where a District Attorney is not an officer or employee of the municipality?
MultiRegion, United States of America
When will the presumption of advancement be applied in common law cases?
British Columbia, Canada
What is a judge's duty to control all proceedings at trial?
California, United States of America
What is the test to determine whether a petition is barred by the statement of limitations?
California, United States of America
Does the doctrine of transferred intent apply to a defendant who is convicted of attempted murder?
California, United States of America
What is the test for making a false or deliberately misleading statement about a crime?
California, United States of America
What is the test for the admissibility of evidence of abuse of discretion?
California, United States of America
If defendant earns the minimum amount required by the Court to complete his sentence, can he continue to work in the food service industry once he is released from prison?
California, United States of America
Can a member of the Law Society resign as a result of extenuating and extraordinary circumstances rather than be disbarred?
Ontario, Canada
What is the legal authority for the proposition that the condition relating to financing is too uncertain to form the basis of a binding contract of sale and purchase?
British Columbia, Canada
Is the issue of family property to be considered before that issue of spousal support?
British Columbia, Canada
Is there any case law that supports the argument that administrative tribunals should have the same procedures as courts?
British Columbia, Canada
How to plead guilty to a charge of grievous bodily harm in a civil case?
California, United States of America
Can a prisoner who pleaded guilty to multiple Section 924(c)(1) counts prior to the present decision bring a new federal criminal case?
MultiRegion, United States of America
Is there any case law or case law that supports the argument that the court should not be used as a venue for the debate of educational policy in the classroom?
Canada (Federal), Canada
Can a city be held liable for the actions of its mayor?
MultiRegion, United States of America
How have attorney fees been denied to the prevailing defendant under two competing deeds of trust?
California, United States of America
What is the meaning of communicate?
Alberta, Canada
What is the test for disclosure and support under the Chief’s Notice?
Ontario, Canada
Is a Class Proceeding the “Preferable Procedure”?
British Columbia, Canada
Can a learned justice award costs against a self represented attorney in a personal injury action?
Manitoba, Canada
How have the courts dealt with the issue of "legal non-conforming" signs at a city council meeting?
British Columbia, Canada
Is a search of a person's home during an in-home arrest permitted?
California, United States of America
Is a failure to ensure that disabled individuals benefit equally from services offered to the general public discriminatory?
Alberta, Canada
What is the meaning of the word "like" in the concluding clause of a personal injury policy?
MultiRegion, United States of America
What is the legal test for a motion of appeal against a finding of error in a motion for personal injury?
California, United States of America
What is the test for responding to an anti-SLAPP motion?
California, United States of America
Is it extraordinary for a court to adjudicate a tort claim arising outside of its territorial jurisdiction?
MultiRegion, United States of America
Is a fiduciary obligation under a contract enforceable?
British Columbia, Canada
Does a jury have a duty to determine whether a single conspiracy exists?
California, United States of America
Is representation by a certified law student an abridgment of defendant's right to assistance of counsel?
California, United States of America
What is the legal test for "duress" in sexual assault cases?
California, United States of America
What is a pleading that does not state the real issue in intelligible form?
British Columbia, Canada
What is the test for obtaining access to unprivileged evidence in a criminal case?
California, United States of America
What is the test for determining whether a strata has met reasonable expectations under a BCS plan?
British Columbia, Canada
What is the legal test used to determine the sufficiency of evidence in a sexual assault case?
California, United States of America
How does mitigation work in a personal injury action?
British Columbia, Canada
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl?
Ontario, Canada
Does a lawyer who holds corporate records constitute a lawyer for the corporation?
Alberta, Canada
What is the proper sentencing under section 654 of the California Criminal Code?
California, United States of America
What is the test for legal setoff?
Ontario, Canada
What is the effect of the common law rule on postponement under section 6 of the Limitation Act?
British Columbia, Canada
What is the test for overturning a conviction for misconduct in a civil case?
California, United States of America
Does the exclusionary rule apply to suppress evidence?
California, United States of America
What is the test for a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
What is the test for determining whether a plaintiff has met the onus of proof?
Alberta, Canada
What is the test for denial of a motion to replace an appointed attorney?
California, United States of America
Is a sentencing provision challenged under the Charter but the proper sentence is not within the range that is impacted by the allegedly unconstitutional provision?
Nova Scotia, Canada
What are the criteria for obtaining approval for an application in a civil case?
British Columbia, Canada
Can a prosecutor ask prospective jurors whether they would vote to convict if he proved defendant guilty beyond a reasonable doubt?
California, United States of America
How well can eyewitnesses perceive the crime scene?
California, United States of America
What are the elements of theft by trick or larceny by trick?
California, United States of America
How have courts dealt with denial of removal petitions?
California, United States of America
Is there any case law that supports the argument that a jury should be able to rely solely on their own intelligence and expertise?
California, United States of America
What is the difference between a crime proscribing a negligent act and a crime with a scienter element?
California, United States of America
What is the effect of the Department of Justice's failure to rule upon written objections to the pleadings?
California, United States of America
Is a warranty made at the time of sale a warranty if it appears to have been intended and understood by the parties?
Saskatchewan, Canada
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner?
British Columbia, Canada
What is the mens rea of a conspiracy to commit conspiracy to pervert the course of justice?
Ontario, Canada
What is the test for imposing concurrent sentences under section 654 of the Criminal Code Code?
California, United States of America
Is a marriage breakdown required for a constructive trust claim?
Ontario, Canada
What is the test for a union to be able to sue the federal government for discrimination against a unionized employee?
MultiRegion, United States of America
What is the effect of admitting evidence of sexual assault on an alleged victim?
California, United States of America
Is there any relevant historical evidence in the context of a murder case?
California, United States of America
What is the duty of the trial court to instruct the jury on the general principles of law in a criminal case?
California, United States of America
What is the test for overturning a conviction for sexual assault?
California, United States of America
