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Alexi 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.


Can a plaintiff sustain a fraud cause of action that fails to set forth specific allegations?


California, United States of America

What is the law around the presumption of impartiality of a judge?


British Columbia, Canada

How has the court treated a defendant's claim that the facts of his crime mitigated his sentence?


California, United States of America

What are the conditions of a probation order restricting a defendant from appearing in court unless he or she is a party or witness?


California, United States of America

What is the test for lying in wait murder?


California, United States of America

Is there any ground forfeited on appeal under the Miranda Rule?


California, United States of America

Is a homicide committed in the perpetration of larceny a second degree murder?


California, United States of America

What is the test for a witness to be qualified as an expert?


Ontario, Canada

Can a sentence of 6 years imprisonment be served consecutively?


Alberta, Canada

What is the test for a religious exemption in the context of religious freedom?


Canada (Federal), Canada

Is a defendant required to acknowledge that they have defamed a person simply because they have made an error in description?


British Columbia, Canada

What is the test for a motion to dismiss an action for failure to comply with an order of the court?


MultiRegion, United States of America

Are there any cases that support a parent's claim that the trial court erred?


California, United States of America

What is the test for interpreting the meaning of an enactment in its ordinary grammatical meaning?


Canada (Federal), Canada

Can ineffective assistance of counsel be addressed on appeal?


California, United States of America

What is the sentence for a father convicted of sexually abusing his children?


California, United States of America

What is the test for a judge to instruct a jury on the correct rule of law?


California, United States of America

What is the test for tendering an amended complaint to the clerk for filing an amended version of the original complaint?


MultiRegion, United States of America

What is the test for establishing there are no material facts in dispute?


Prince Edward Island, Canada

What is the test for entitlement to double costs in a personal injury action?


British Columbia, Canada

What is the jurisdiction of an extradition judge based on the terms of the applicable treaty?


British Columbia, Canada

What are the consequences of sentencing enhancements under section 667, subdivision 667.5, subdivision (a)(1) of the California Criminal Code?


California, United States of America

What is the mitigating factor distinguishing the "heat of passion" form of voluntary manslaughter from the murder?


California, United States of America

Can a party amend their complaint on appeal even if such amendment was not proffered below?


California, United States of America

What is the test for a jury to convict a defendant in a robbery and/or burglary case?


California, United States of America

Does section 6146 of the California Code of Civil Procedure require heightened scrutiny?


California, United States of America

What is the probative value of the drop sheet and shovel used as evidence in a murder trial?


Ontario, Canada

What is the test for overturning a finding of guilt in a sexual assault case?


California, United States of America

How have courts interpreted the interpretation of a fire insurance contract?


Alberta, Canada

Is a debtor liable vicariously for the breach of fiduciary duty of an executor when the executor of an estate is found to have sold a debtor's assets?


federal, United States of America

Does the Court of Appeal have jurisdiction to determine judicial bias on appeal?


California, United States of America

What are the elements of an employment agreement where plaintiff alleges misrepresentation with respect to the employment agreement?


MultiRegion, United States of America

What is the test for a diminished capacity defense to murder?


MultiRegion, United States of America

What is the test for making a prima facie case after the excusal of only one or two members of a group?


California, United States of America

How have courts interpreted identification procedures in the context of a charge under section 186.22 of the Criminal Code?


California, United States of America

What is the test for disclosing evidence of misconduct by a defendant in a civil case?


California, United States of America

Is a plaintiff entitled to attorney fees under section 1021.5?


California, United States of America

What is the effect of imputed income on a spousal and child support order?


British Columbia, Canada

What is the test for a person to be found guilty of aiding and abetting a crime?


California, United States of America

Is unconsciousness a defense to a criminal charge?


California, United States of America

What is the test for determining whether a defendant has been sentenced to a harsher sentence than he would have received had he pleaded guilty at trial?


California, United States of America

Does a guilty plea constitute a conclusive admission of guilt?


California, United States of America

What is the current state of the law on the second stage of a disability claim?


MultiRegion, United States of America

Does a minor have a right to privacy under the Fourth Amendment?


California, United States of America

What is the test for a motion to amend a pleading where no request has been made to amend the pleading?


MultiRegion, United States of America

Does the court enter judgments of acquittal under Rule 29?


MultiRegion, United States of America

What is the test for having jurisdiction to hear a habeas petition?


MultiRegion, United States of America

In what circumstances will the police be permitted to search the passenger compartment of a car after a tip from an informant?


MultiRegion, United States of America

What is the statute of limitations for an action under the Conveyance Act?


MultiRegion, United States of America

What factors will be considered by the Law Society of BC to determine the severity of a sexual assault?


British Columbia, Canada

Can a defendant be convicted of an offense against an officer engaged in the performance of official duties unless the officer was acting lawfully at the time?


California, United States of America

What is the test for negligence in assessing the value of a property?


British Columbia, Canada

What is the test for exclusion of Charter-infringing evidence?


Ontario, Canada

Is a federal court's decision regarding the scope of cross-examination reviewed for abuse of power?


MultiRegion, United States of America

Is an idea protected as a property right?


MultiRegion, United States of America

What is the burden of proving care or control of a truck?


British Columbia, Canada

What are the elements of intentional misrepresentation, or actual fraud?


California, United States of America

What is the meaning of the word “for” under section 48(1) of the Income Tax Act?


Canada (Federal), Canada

Does a defendant who has pleaded guilty to a charge under section 1203.03.4 of the Penal Code, and served time in prison for the same crime, receive any relief from the Court of Appeal?


California, United States of America

In what circumstances will the court grant special dispensation to a pro se litigant?


MultiRegion, United States of America

What is the test for the doctrine of strict liability for the escape of dangerous substances?


Saskatchewan, Canada

Does the US Federal Reserve have to rely on its own line of reasoning to support a decision made by the Federal Reserve?


MultiRegion, United States of America

What is the test for dismissing a complaint under s. 27(1)(c)?


British Columbia, Canada

What is the test for an interlocutory application respecting the detention, preservation and recovery of property where that property was a pet dog?


British Columbia, Canada

How have the courts interpreted the Commissioner's findings in determining whether a plaintiff was entitled to be denied access to a Defendant's personal injury?


MultiRegion, United States of America

What are the circumstances sufficient to support a finding in a civil case?


California, United States of America

What is the test for establishing a testamentary in a holographic document?


Saskatchewan, Canada

What is the test for a claim for enrichment in a family law case?


Ontario, Canada

What is the MMP cultivation defense?


California, United States of America

What are the grounds for dismissal and remand the action to a state court?


MultiRegion, United States of America

How have the courts treated the government's objection to a request by counsel for information on the basis of relevancy?


MultiRegion, United States of America

What is the test for good faith in a child protection application?


British Columbia, Canada

What is the test for giving notice of a pending motion to deprive a person of his property?


California, United States of America

What is the test for a breath certificate excluded from a defendant’s test for impaired driving?


British Columbia, Canada

Does the Director General of Public Prosecutions have the authority to set aside the plain provisions of Section 10 of the Act?


MultiRegion, United States of America

What is the case law on Rule 11 sanctions?


MultiRegion, United States of America

What is the test for determining whether a defendant was an organizer or leader?


MultiRegion, United States of America

What is the test for determining whether an employee is an employee or an independent contractor?


California, United States of America

What is the state of the law regarding the physical act requirement and the constitutional right of a suspect not to answer police questions?


MultiRegion, United States of America

Is there evidence of heat of passion or imperfect self-defense necessary to establish the malice element of murder?


California, United States of America

What authorities have inferred the right to counsel in long-term criminal cases?


Alberta, Canada

In what circumstances will a defendant be convicted of assault with a deadly weapon for placing a plastic bag over the victim's head?


California, United States of America

What is the test for a marriage agreement under section 65 of the Marriage and Divorce Act?


British Columbia, Canada

What is the proper characterization of a relationship between an accused and a young person?


Ontario, Canada

What is the case law on the Eighth Amendment ban on cruel and unusual punishment?


California, United States of America

How will the Court consider the Estoppel issues raised by Joelle on appeal?


Ontario, Canada

What is the current state of the law on an offer to settle?


British Columbia, Canada

Is a plaintiff's claim that her involvement with Jeunesse gives rise to a past loss of income?


British Columbia, Canada

Does a consensual judgment supersede that of an arbitrator?


"New York", United States of America

Does the trial court properly answer the jury's question?


California, United States of America

What is the testator's obligation to provide for the biological child of a deceased testator?


British Columbia, Canada

What is the scope of the inspection required by section 2079 of the California Real Estate Code?


California, United States of America

In what circumstances will a court strike down a defamation claim against a government official for defaming a third party?


MultiRegion, United States of America

What is the test for establishing an assessment district?


California, United States of America

What is the test for equal protection under the equal protection clause?


California, United States of America

What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment?


California, United States of America

What are the consequences of an administrator's failure to address outstanding legal obligations in a Will?


British Columbia, Canada

What is the test for determining probable cause de novo in a civil case?


MultiRegion, United States of America

Does an attorney have a duty to research the law, investigate the facts and file a pretrial motion?


California, United States of America

Does the collateral source rule preclude a plaintiff from collecting damages from a tortfeasor?


California, United States of America

Does Section 654 of the Penal Code preclude multiple punishment for a felon's possession of multiple firearms?


California, United States of America

What is the test for abuse of power?


California, United States of America

How should a jury consider defendant's arrest in reaching a verdict?


California, United States of America

Does a motion to disqualify a judge have to be based on a judge's opinion on legal issues?


MultiRegion, United States of America

Is a statement of opinion not a representation of fact?


British Columbia, Canada

What is the test for interim costs and disbursements?


Ontario, Canada

Is statistical evidence relevant, relevant and probative?


Canada (Federal), Canada

What is the standard of proof required to revoke a probationer's probation?


MultiRegion, United States of America

Does a district court abuse its discretion in modifying a pre-trial order to dismiss state law claims?


MultiRegion, United States of America

What is the implied term of a rental agreement that both parties have reasonable access to the common areas including the kitchen and living room?


British Columbia, Canada

Can an attorney be compelled to account to the grantor?


British Columbia, Canada

What is the test for a jury to determine whether a jury is deadlocked?


California, United States of America

Does a voir dire that was inadequate to uncover bias need to be conducted in a motion for writ of habeas corpus?


California, United States of America

What is the test for dismissing an indictment with prejudice?


MultiRegion, United States of America

What is the definition of a mental disability and what is the limitation period for a plaintiff to pursue a cause of action?


Saskatchewan, Canada

Is a self-employed person entitled to deductions from gross income for support purposes?


Ontario, Canada

Can a customs official waive compliance with a statutory obligation?


British Columbia, Canada

What is the test for a motion for adjournment under the SPPA?


Ontario, Canada

Can a motion to proceed pro se be used as a delaying tactic?


MultiRegion, United States of America

Does a defendant's notice of appeal need a certificate of probable cause?


California, United States of America

Is there a distinction between attorney negligence and attorney abandonment between federal and state courts?


MultiRegion, United States of America

Does the City have to ask for costs in its notice of motion material?


Ontario, Canada

What is the test for determining whether a primary policy is primary under s. 277 of the Insurance Act?


Ontario, Canada

What is the test for determining whether a loan advanced from the parents of a married person to be used for a family purpose should be presumed to have been a gift?


British Columbia, Canada

How does the court review the sufficiency of evidence in a sexual assault case?


California, United States of America

Does the US Department of Justice have a constitutional basis to enforce its own regulations?


MultiRegion, United States of America

What does defendant say in a letter to a grandmother in which the grandmother has admitted that she was sexually abused by one of her grandchildren?


California, United States of America

What is the test for determining the severity of a sexual assault?


California, United States of America

What defences have been raised in the reply affidavit or factum in a motion for summary judgment?


Ontario, Canada

What is the test for apportioning fault pursuant to section 1 of the Negligence Act?


British Columbia, Canada

Does the decision not to permit further amendments before striking pleadings before striking the pleadings is discretionary?


British Columbia, Canada

What is the legal test for an 8 to 10 month guideline for institutional delay in a criminal trial?


Ontario, Canada

What exceptions have been made to an attorney who fails to disclose to his client that he is not a local license holder?


California, United States of America

Is it impossible to give a better description of all the documents for which they are claimed to be privileged?


British Columbia, Canada

What is the test for a jury to ask a defendant a question in open court?


California, United States of America

Can a defendant be convicted and sentenced for kidnapping for the purpose of robbery?


California, United States of America

What is the test for error in failing to instruct a student on the mistake-of-fact defense?


California, United States of America

What are the damages for trespass in a personal injury action?


British Columbia, Canada

How have the courts treated statements he made after his arrest in a sexual assault case?


California, United States of America

What is the balance between the availability of insurance for a plaintiff in a motor vehicle accident?


California, United States of America

What is the test for self-help remedies in family law?


Alberta, Canada

Can a city be held liable for the actions of its mayor?


MultiRegion, United States of America

Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion is invalid?


California, United States of America

What is the test for admitting evidence for abuse of power?


California, United States of America

Is there any case law or case law that supports a client's decision to continue to have counsel?


Ontario, Canada

How have courts interpreted section 421(1) of the California Vehicle Licensing Act?


California, United States of America

Does a jury have to convict a defendant of passing a counterfeit money order in a conjunctive or disjunctive form?


MultiRegion, United States of America

What is the test for a claim under Section 523(a)(2)(A) of the Bankruptcy and Insolvency Act?


MultiRegion, United States of America

Is a defendant prejudiced by the failure to advise him that he might be released on parole as a result of his conduct credits?


California, United States of America

Can a federal district court review an appeal from a state court judgment?


MultiRegion, United States of America

Does the Eighth Amendment prohibit prison officials from using excessive force against prisoners?


MultiRegion, United States of America

What is a reasonable probability of success in a civil case?


California, United States of America

What constitutes the crime of accessory to a crime?


California, United States of America

What is the test for a sex offender's failure to register as a registered sex offender?


California, United States of America

Does the failure of the government to preserve potentially exculpatory evidence violate due process?


MultiRegion, United States of America

What are the implications of failing to call a witness who might have pertinent evidence?


British Columbia, Canada

What is the impact of extending the spousal incompetency rule?


Ontario, Canada

What is a defendant's duty to identify himself to the driver of the other car after the accident scene has been cleared?


California, United States of America

Does a judge have an "exceptional exception" where an emergency is imminent?


MultiRegion, United States of America

What is the fiduciary obligation of an individual to perform certain services in order to be considered fiduciaries?


British Columbia, Canada

What is the test for a finding that a sexual assault victim is not a sex offender?


California, United States of America

When will a court deny an application for a certificate of probable cause?


California, United States of America

Can a second simple possession offence be treated as a recidivist felony under the Controlled Substances Act?


MultiRegion, United States of America

Does the passage of time render prior sexual assault evidence prejudicial?


California, United States of America

Does the term "enterprise" need to be confined to "legitimate enterprises"?


MultiRegion, United States of America

What is the test for civility, decency, respect and dignity?


British Columbia, Canada

How has the law of negligence evolved in the context of a personal injury appeal?


British Columbia, Canada

Does a public entity have a duty to take reasonable steps to protect the public from the danger?


California, United States of America

Does a prosecutor's statement about the presumption of innocence constitute a misstatement of the law?


California, United States of America

In what circumstances will a court allow a threshold motion to be made after the jury has rendered its verdict in a personal injury case?


Ontario, Canada

Does a plaintiff have to allege facts demonstrating or excusing compliance with the claim presentation requirement?


MultiRegion, United States of America

Does a prosecutor have to give a 10-minute rebuttal argument to a defendant's opening argument?


California, United States of America

What is the legal test for the exclusion of defense evidence?


California, United States of America

Is a legal corner post moved part way through the locating of a claim?


British Columbia, Canada

What is the standard of review for a section 186.22 gang enhancement?


California, United States of America

What is the test for reckless disregard in a criminal case?


MultiRegion, United States of America

Is a defendant entitled to a fair trial but not a perfect one?


California, United States of America

What is the test for determining whether a location is a public place?


California, United States of America

What is the meaning of the term "the same offense" in section 1387 of the California Penal Code?


California, United States of America

What is a grantee's right to use the land under section 218(3)(b) of the B.S.A.L.O.A/S.B.A Land Agreement?


British Columbia, Canada

Does Section 844.6 of the California Criminal Code prohibit the use of the word "prisoner" in the definition of a person in a "prison, jail, penal or correctional institution"?


California, United States of America

Is a violation of section 243(b) of the California Criminal Code considered a felony or a misdemeanor?


California, United States of America

Is an expert's testimony admissible in a civil case?


California, United States of America

What is the test for punishment under Section 924(c) of the Criminal Code?


MultiRegion, United States of America

What is the test for establishing a reasonable fee under the lodestar method?


MultiRegion, United States of America

What is a cause of action when it is complete with all the elements?


MultiRegion, United States of America

Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof?


California, United States of America

What is the test for a refugee claimant to claim that his government has not always been effective at protecting him against terrorism?


Canada (Federal), Canada

What is the test for exclusion of relevant evidence in a sexual assault case?


California, United States of America

What is the test for multiple punishment under section 654 of the California Criminal Code?


California, United States of America

What is the test for staying an enhancement to a sentence for failing to identify a gang-related crime?


California, United States of America

What is the standard of instruction on self-defense for a defendant in a civil case?


California, United States of America

If a defendant is convicted of a lesser included crime, can he appeal against his conviction for the alleged greater crime?


California, United States of America

Can a jury reasonably find that a defendant's own words and conduct in the course of the offense support a fact finder's determination that he used a loaded weapon?


California, United States of America

What is the test for credibility in a criminal case?


California, United States of America

What is the scope of an employer's retaliation action under section 120 of the New York State Injury Act?


"New York", United States of America

What is the standard of care owed to other participants in a sport?


Ontario, Canada

What is the test for admissible evidence in a wrongful death action?


California, United States of America

What is the test for disclosing that a home was built in 1998?


British Columbia, Canada

What is the current state of the law on racial classification in the criminal justice system?


MultiRegion, United States of America