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.
Is a successful appellant entitled to costs for a Rule 38 appeal?
Newfoundland and Labrador, Canada
Can medical indifference be stated where a treating physician knowingly denies or delays treatment recommended by a specialist?
MultiRegion, United States of America
What is the test for determining whether counsel acted effectively when making strategic decisions?
MultiRegion, United States of America
Does the 7(D) exemption apply to local law enforcement agencies?
MultiRegion, United States of America
What is the standard of review in a civil appeal?
California, United States of America
What is a mental disorder or developmental disability rendering a defendant incompetent to stand trial?
California, United States of America
What is the test for a defendant to claim that he was deprived of his right to testify at trial by counsel advising him not to testify?
California, United States of America
When a defendant is convicted of a burglary and assault charge under section 654 of the California Criminal Code, is the assault charge stayed?
California, United States of America
How have the principles of novation been applied in the context of a mortgage modification agreement?
British Columbia, Canada
What is the test for the second part of the Anns test?
Ontario, Canada
Does this court have jurisdiction to remand the cause for a new disciplinary hearing?
California, United States of America
Does solicitor client privilege overlap with litigation privilege?
Canada (Federal), Canada
Does an amendment to the constitution disclose a new cause of action?
Ontario, Canada
How is the de novo standard of review applied in a sexual assault case?
California, United States of America
What is the appellant's burden to provide an adequate record to assess error?
California, United States of America
What is the test for determining whether an adverse employment decision was motivated by associational discrimination?
MultiRegion, United States of America
Does a judge have the authority and the affirmative duty to issue a protective order to seal a transcript?
California, United States of America
What is the test for publication of defamatory material?
British Columbia, Canada
Does a state have the authority to restrict the right to bear arms by felons and the mentally ill?
MultiRegion, United States of America
Is a motion to dismiss an indictment for a Speedy Trial Act violation automatically excluded?
MultiRegion, United States of America
What is the current state of the law in Canada on an application for bail in relation to an international arrest warrant for an alleged terrorist act?
British Columbia, Canada
What is the current sentence for an inmate who was convicted of possessing an unauthorized firearm?
California, United States of America
What is the test for balancing between fundamental justice and the protection of society?
Manitoba, Canada
What is the test for making a "buckshot" complaint?
MultiRegion, United States of America
What is the test for a jury to consider a defendant's unadjudicated criminal activity as an aggravating circumstance?
California, United States of America
What are the elements of a medical malpractice claim?
California, United States of America
Can a federal court pass upon issues of federal law decided by a state court?
MultiRegion, United States of America
What are the elements required for abuse of process?
California, United States of America
Is a restitution fine under section 1202.4 forfeited by failure to object?
California, United States of America
In what circumstances will a plaintiff not understand the terms of their release?
Nova Scotia, Canada
What are the consequences of a jury finding a defendant guilty of a robbery and a burglary under the Criminal Code?
California, United States of America
In what circumstances will an attorney who misappropriates funds from clients be deemed fit to practice?
California, United States of America
What is the test for a jury to find that a shooting during a robbery was not incidental to the robbery?
California, United States of America
What is the test for an anti-SLAPP defence?
California, United States of America
What is the test for cancelling or cancelling arrears?
British Columbia, Canada
What is the standard of review for a conviction based largely on circumstantial evidence?
California, United States of America
What is the test for awarding attorney fees under section 1021.5?
California, United States of America
To what extent can italicized words in the section of the California Civil Rights Act?
California, United States of America
In what circumstances will a defendant be found not guilty of perjury at a jury trial?
California, United States of America
What is the test for tortfeasibility and cruel and unusual Punishments under the Eighth Amendment?
MultiRegion, United States of America
What is the test for a motion to grant a new trial on the basis of newly discovered evidence?
California, United States of America
Does making a transfer constitute an incurrence of an obligation?
MultiRegion, United States of America
In what circumstances will the judge be held liable for excluding defendant from a rereading of the district attorney's opening argument?
California, United States of America
What is the test for establishing that a citizen informant is reliable?
California, United States of America
Does the possession of piperidine and cyclohexanone with intent to manufacture PCP constitute a crime of manufacture or possession of the drug for sale?
California, United States of America
What is the test for determining whether a plaintiff has a valid claim against the State of California Attorney General?
California, United States of America
Does Rivard J. R.R.J. apply the criteria under which an interim injunction is sought?
Ontario, Canada
What is the test for a disability insurance application?
MultiRegion, United States of America
What is the test for establishing systematic exclusion of a minority from a jury?
California, United States of America
In a civil case brought by former Costa Mesa Police Officer and Parole Board member John Sisson, who alleges excessive force, dishonesty and fabrication of evidence, is he seeking discovery of records relating to allegations of excessive force?
California, United States of America
Does a plaintiff have to prove that he was not involved in the collision?
British Columbia, Canada
What are the exceptions to the policy and by-laws of a medical association?
"New York", United States of America
Can a defendant be restrained in the courtroom while in the jury's presence?
California, United States of America
What is the test for damages to be sustained in a motor vehicle accident?
British Columbia, Canada
What is the test for discipline in the discipline process?
British Columbia, Canada
How has the federal district court considered the sentencing of a defendant in a civil case?
MultiRegion, United States of America
Can a police officer conduct a warrantless search of the person and the area into which the arrestee might reach to retrieve a weapon or destroy evidence?
MultiRegion, United States of America
What is the test for an error of fact on appeal?
British Columbia, Canada
What is the time limit for a human rights complaint to be heard in a civil case?
British Columbia, Canada
What is the test for having a physician testify to the medical necessity of every item of future care?
British Columbia, Canada
Can a consent order be set aside if there has been abuse of process?
British Columbia, Canada
Does the jury's decision to acquit Wash of burglary and dissuading a witness mean that the jury did not categorically accept all of the prosecution's evidence and reject all the defense evidence?
California, United States of America
Can a motion judge strike a husband’s answer for failing to comply with financial disclosure orders?
Ontario, Canada
What is the test for admitting evidence of sexual abuse of children?
California, United States of America
What is the test for estopped from asserting the defense that a claim was not filed within the statutory time?
California, United States of America
What is the test for relief under state or federal law?
California, United States of America
How has the mootness rule been applied in the context of race motivation cases?
California, United States of America
In what circumstances will RPI be held liable for placing RPI in the wrong place at the wrong time?
California, United States of America
What is the limitation period for a plaintiff to bring a civil action against a public entity?
California, United States of America
What is the common law test on perpetuities?
Alberta, Canada
Is a preliminary injunction a public interest to prevent the violation of a party's constitutional rights?
MultiRegion, United States of America
What is the test used by courts to determine whether a penalty in the same jurisdiction is excessive?
California, United States of America
What are the proper filing dates for a prisoner's habeas corpus petition?
MultiRegion, United States of America
Is a defendant permitted to plead guilty to a charge under section 1016.5 of the Immigration Code?
California, United States of America
What is the effect of a jury's refusal to instruct the jury in an assault case?
California, United States of America
What are the factors used by a court to determine a defendant's sentence for threatening a witness?
California, United States of America
What is the test for a motion to terminate a defendant's right to self-representation?
California, United States of America
Is a parole officer's authorization sufficient to satisfy the requirements of section 1305, subdivision (f) of the California Penal Code?
California, United States of America
When faced with a jury that claims it is deadlocked, what is the test for asking for further deliberations?
California, United States of America
Is there any case law where the prosecutor appealed to the passions and prejudices of the jury during closing argument?
California, United States of America
What is due process in the context of sexual assault cases?
California, United States of America
Does the attorney's authorization to proceed in a personal injury case need to be in writing?
California, United States of America
Does section 288.5 of the Criminal Code require unanimity?
California, United States of America
Is a father's failure to pay child support a valid basis for denying access to the child?
California, United States of America
What is the test for a motion to overturn a finding of unlawful imprisonment?
MultiRegion, United States of America
What are contingencies when calculating an award for loss of earning capacity in a motor vehicle accident?
British Columbia, Canada
What is the test for determining whether an employee has a disability?
Ontario, Canada
How have the courts dealt with allegations of prejudicial communications?
MultiRegion, United States of America
In what circumstances have agents of a bank been found liable for a defective banknote?
Saskatchewan, Canada
What are the factors that must be considered on an application for a motion to obtain damages for a delay of more than two years?
British Columbia, Canada
What is the test for establishing a case free from reasonable doubt?
"New York", United States of America
On remand, how has the court dealt with the award of a grant of fees awarded to a defendant in a civil case?
MultiRegion, United States of America
What is the test for "reasonably necessary" to question a juror about misconduct?
California, United States of America
Can a municipality be held liable for not enforcing a bylaw violation?
British Columbia, Canada
What is the test for a superseding cause?
California, United States of America
Does Defendant have ineffective assistance of counsel because his trial attorney did not object to all of the instances of misconduct identified on appeal?
California, United States of America
What is the test for recovery of damages for wrongful conception?
Ontario, Canada
Can the police be held liable for not doing anything to investigate allegations of sexual assault?
Canada (Federal), Canada
What is the current state of the law on counsel's overriding of a plaintiff's pre-arranged consent?
MultiRegion, United States of America
What is the test for a common tenancy in common?
Ontario, Canada
In what circumstances will the trial court fix permanent maintenance for the purposes of s. 15.2 of the Divorce Act?
British Columbia, Canada
Can a personal injury action be barred by section 337.15?
California, United States of America
Can a separate objection be waived to the use of hearsay contained within a police report?
California, United States of America
What is the purpose of a preliminary hearing?
California, United States of America
What is the predominant purpose of a deposition for the Commissioner of Competition?
Ontario, Canada
Can an applicant be denied entry to the United States if they fail to produce proper documentation?
Canada (Federal), Canada
What is the current state of the law on the doctrine of instructing a jury not to convict a defendant of a false denial of guilt?
California, United States of America
What is the test for unjust enrichment in a personal injury case?
British Columbia, Canada
How have the courts dealt with an appeal from a finding that a defendant was mentally unfit to stand trial for indecent exposure?
California, United States of America
What is the test for sentencing a defendant to 6 life terms for three counts of attempted murder?
California, United States of America
Is a defendant required to pay restitution to a victim of sexual assault who suffered economic harm as a result of a plea bargain?
California, United States of America
In what circumstances will the Minister of Public Safety and Emergency Preparedness bring a judicial review application?
Canada (Federal), Canada
What is the effect of an interim stay of enforcement of a Trespass Notice?
Ontario, Canada
Does a failure to instruct a jury on sexual assault constitute a misdirection of the jury?
California, United States of America
What is the effect of Section 12022.3 of the California Criminal Code on sex offenders?
California, United States of America
Does the doctrine of laches apply in common law?
British Columbia, Canada
Can a defendant move to strike a prior conviction pursuant to section 1385 of the California Criminal Code?
California, United States of America
What is the test for obtaining a warrant for arrest under s. 529 of the Criminal Code?
British Columbia, Canada
Are landlords required to make their premises "child proof" to protect their tenants from injury?
California, United States of America
How is spousal support calculated in the context of a long-term relationship?
British Columbia, Canada
What is the appropriate standard of proof for an employer to prove an allegation of sexual assault?
Canada (Federal), Canada
What is the current state of the law on injunctive relief?
MultiRegion, United States of America
What are some cases dealing with the issue of personal injury?
Saskatchewan, Canada
What is the test for determining credibility issues in a civil case?
California, United States of America
What is the test for "reasonably spent" attorney fees?
California, United States of America
What is the definition of a "conventional court officer"?
MultiRegion, United States of America
Can a physician be held liable for exercising clinical judgment as opposed to professional fault?
Ontario, Canada
What is the difference between whether a reasonable officer could have believed that the force used was reasonable under the circumstances?
MultiRegion, United States of America
When will partial summary judgment be granted?
Ontario, Canada
What is the test for reasonable suspicion in criminal proceedings?
California, United States of America
Can a judge set aside an award of attorney fees for an abuse of discretion?
California, United States of America
Is a plaintiff required to produce her doctor's notes, records and X-rays?
Alberta, Canada
How have the courts treated admission of "photographic evidence"?
California, United States of America
What is the test for the US Supreme Court to rule on a motion of appeal?
MultiRegion, United States of America
What is the test for mitigation of damages in a motor vehicle accident?
California, United States of America
Does the statute of limitations apply when excess rent is used as an affirmative defense to an unlawful detainer action?
California, United States of America
What is the effect of section 1538.5 of the California Criminal Code on a search warrant?
California, United States of America
What is the test for a year to year lease?
Saskatchewan, Canada
What is the legal test for determining sufficient evidence to overturn a sexual assault conviction?
MultiRegion, United States of America
What is the standard of review for abuse of power?
California, United States of America
Is a failure to exercise exercise or abuse of power?
California, United States of America
Does the Attorney General have preserved all possible grounds for objections to the challenged evidence?
California, United States of America
Does the trial court abuse its discretion to exclude evidence that supports a plaintiff's claim of failure to give informed consent?
California, United States of America
Does a pro se pleading under the extradition statute have to be considered a "defect" in the context of the pleading?
MultiRegion, United States of America
Is sexual abuse a crime of moral turpitude?
California, United States of America
What is the applicable and relevant implied warranty in a private used vehicle sale?
British Columbia, Canada
What is the test for failing to obtain medical treatment in a civil case?
California, United States of America
What is the test for criminal intent?
California, United States of America
What is the current state of the law on the interpretation of a pollution exclusion clause?
California, United States of America
What is the legal test for affixing a piece of equipment that was not attached to the land but rested on its own weight?
Saskatchewan, Canada
What is the effect of denial or delay of medical care for a prisoner's serious medical needs?
MultiRegion, United States of America
What is the test for a claim for damages for cost of future care?
British Columbia, Canada
Is there any case law or case law that supports the argument that a judge should consider some of the issues before the trial of the others?
Ontario, Canada
How have transcripts been admitted into evidence in a civil case?
MultiRegion, United States of America
Can a plaintiff recover damages from the Corporation of Camden for failing to install a drainage system properly?
Saskatchewan, Canada
What is the disparate impact cause of action under section 703(a)(2)?
MultiRegion, United States of America
What is the effect of a taser on a strip search?
MultiRegion, United States of America
What is considered to be "outside ordinary knowledge" of electrical preparation work for an electrical installation?
British Columbia, Canada
What is the statute of limitations for seeking certiorari under the AEDPA?
MultiRegion, United States of America
Does a ruling by a trial court that adversely affects a litigant's evidentiary presentation constitute a constitutional error?
California, United States of America
Does the trial court have abused its discretion by allowing only one witness to testify?
California, United States of America
In what circumstances will a defendant be held liable for a plaintiff's exposure to contaminated water?
California, United States of America
What constitutes discrimination in the context of s. 15 of the Canadian Human Rights Code?
Canada (Federal), Canada
What is the test for reasonable grounds under section 254(3) of the Criminal Code?
Ontario, Canada
Does a police officer have a right to stop and question a defendant on the street?
"New York", United States of America
What authority does this court have to remand an action?
MultiRegion, United States of America
What is the test for a motion to compel a plaintiff to furnish security in a personal injury case?
California, United States of America
What is the effect of newly discovered evidence on a motion for a new trial?
MultiRegion, United States of America
What is the test for finding a lawyer to be found unfit to practice as a lawyer?
Ontario, Canada
What is the test for a motion to disqualify counsel?
California, United States of America
What is the test for "substantial evidence" in determining the propriety of a plaintiff's action?
California, United States of America
What is the test for a great bodily injury enhancement in a motor vehicle accident case?
California, United States of America
What is the proper subject of expert testimony in a criminal case?
California, United States of America
What is the test for estoppel in law?
Saskatchewan, Canada
What is the patent unreasonable standard?
British Columbia, Canada
What is the test for establishing a third cause of action?
"New York", United States of America
If the presumption is spent, what is the standard of proof on the propounder?
British Columbia, Canada
What is the impact of a ruling by the California Civil Service Commission that an employee's disobedience of an order does not constitute a criminal offence?
California, United States of America
Does defendant's sentence violate the California Constitution's prohibition against cruel or unusual punishment?
California, United States of America
What is a prosecutor's conduct while giving evidence in a criminal trial?
MultiRegion, United States of America
What is the impact of smoking in prison cells?
Canada (Federal), Canada
What is relevant evidence in a personal injury action?
California, United States of America
Is a defendant liable to his co-conspirator for the criminal act of another conspirator?
MultiRegion, United States of America
What is the test for determining the fairness and reasonablableness of a settlement?
British Columbia, Canada
What is the test for a jury to acquit a defendant on a charge of forcible lewd act?
California, United States of America
Does a union have a duty not to discriminate impermissibly among its members?
MultiRegion, United States of America
How would the statute of limitations for sexual abuse be tolled if a defendant turned 26 during a time of war?
California, United States of America
Can a court order a no costs order after a resolution has been concluded?
Ontario, Canada
What is the legal basis for an appeal from an order denying him a writ of habeas corpus?
California, United States of America
How have courts interpreted section 11 of the Limitations Act?
Newfoundland and Labrador, Canada
What is the test for an enhancement to an attempted murder charge?
California, United States of America
Is it improper to ask a witness about their prior conversation?
California, United States of America
When there is substantial evidence that a element of the charged offense is missing but that the accused is guilty of a lesser included offence, what is the test for instructing the jury to convict the accused of the same offence?
California, United States of America
Is a plaintiff sanctioned for filing a claim of intentional infliction of emotional distress?
California, United States of America
Can a court order costs of an unsuccessful public interest litigant in a civil matter?
Nova Scotia, Canada
What are some cases in which an action has been dismissed for delay on the ground of delay?
Ontario, Canada
Does Respondent have a right as a judgment creditor?
California, United States of America
Can there be conflicting evidence in a motor vehicle accident case?
California, United States of America
What is the impact of accident-induced injuries on a plaintiff's ability to make a reasonable choice in a medical malpractice case?
British Columbia, Canada
What is the test for a judge to be found guilty of wilful misconduct?
California, United States of America
