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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.


What is the effect of a weak privative clause in legislation that prohibits judicial review of a tribunal decision?


New Brunswick, Canada

Can a failure to call a material and important witness be considered by the jury?


California, United States of America

Is a violation of a probation condition a criminal offence?


California, United States of America

What is the law around "the Golden Rule" argument?


California, United States of America

What is the test for a motion to amend the limitation period on a personal injury claim?


Nova Scotia, Canada

Can a malicious prosecution action be maintained based on an appeal from the judgment in the prior case?


California, United States of America

Can a police officer search the pocket of a jacket that is not being worn?


California, United States of America

Can a failure to act be a felony?


MultiRegion, United States of America

Does a stipulation of counsel waiver a defendant's right to exclude the remaining sections of the CHP report from consideration?


California, United States of America

Can a motion seeking a stay of execution to prevent a trial from being held be brought before the Ontario Court of Appeal?


California, United States of America

What is the collateral source rule in the context of a tortfeasor seeking damages from a plaintiff who has invested in long-term insurance coverage?


California, United States of America

What is the test for establishing that a plaintiff must offer a plausible explanation for inconsistent statements?


MultiRegion, United States of America

What grounds of appeal are strong?


British Columbia, Canada

Is incorrect answer on an insurance application a defense of fraud?


California, United States of America

What is the test for a motion for a new trial when newly-discovered evidence has the effect of impeaching a witness?


MultiRegion, United States of America

How have courts dealt with personal injury claims in personal injury cases?


MultiRegion, United States of America

What is the test for impeaching an impeached member of the House of Representatives who has a history of criminal activity in his criminal record?


California, United States of America

What is the test for reviewing a jury’s award for reasonable notice?


Nova Scotia, Canada

What is the test for appeal from a Master Order?


British Columbia, Canada

What is the meaning of the Fourth Amendment in the context of a truck stop?


MultiRegion, United States of America

Does section 654 of the California Criminal Code bar multiple punishment where intent to commit robbery and rape was formed after intruders entered the residence?


California, United States of America

What are the implications of the amendments to the Criminal Code and Penal Code in the context of an appeal?


California, United States of America

Does the trial court erred in denying a motion to strike because defense counsel failed to object in a timely manner?


California, United States of America

Does a substantial delay in obtaining a search warrant for possession of a firearm and ammunition render the warrant stale?


California, United States of America

In a motor vehicle accident case, is causation established if the but for test is unworkable?


British Columbia, Canada

What evidence exists that ineffective assistance of counsel or any other arguable error would result in a disposition more favorable to defendant?


California, United States of America

What is the current state of the law regarding age discrimination in the entertainment industry?


California, United States of America

What is the test to apply under section 225.2(2) of the Criminal Code of Canada?


British Columbia, Canada

Does a defendant waive his right to plead guilty to assault?


California, United States of America

What is the test for identifying a litigant's position on material facts?


Ontario, Canada

What is the test for negligence in tobacco products?


British Columbia, Canada

Can attorney pro se litigants be awarded monetary sanctions pursuant to section 128.5?


California, United States of America

What are the requirements for valid legislation dealing with search and seizure provisions contained in a quasi-criminal statute such as the Health and Social Care Act?


British Columbia, Canada

What is the standard for the prosecution to convict a defendant of first degree premeditated murder?


California, United States of America

When a police officer identified defendant as the "Steve Silver" and discovered that his duffel bag probably contained cocaine, what options were available?


California, United States of America

Can an arbi trator be disqualified on account of a reasonable apprehension of bias?


Manitoba, Canada

What is the relevance of evidence in a medical malpractice case?


California, United States of America

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


California, United States of America

What is the test for obtaining a hard drive from a plaintiff’s home computer?


British Columbia, Canada

Does a district court err in denying leave to amend where the amendment would be futile or subject to dismissal?


MultiRegion, United States of America

In what circumstances will a court refuse to order interim spousal support?


British Columbia, Canada

What is the test for ineffective assistance of counsel?


California, United States of America

What constitutes a "substantial burden" under RLUIPA?


MultiRegion, United States of America

What is the test for sentencing a defendant in a sexual assault case?


California, United States of America

Is a Director of Human Resources powerless to change a decision that initially determined that he was eligible for disability benefits?


California, United States of America

Is it reasonable and probable grounds to conclude that a driver who has received a 24-hour roadside prohibition accepts the infraction for which the prohibition was issued?


British Columbia, Canada

What is the test for understanding the meaning of a word or phrase in a communication between the parties?


Ontario, Canada

Is evidence of an uncharged crime admissible to prove identity, common design or plan, or intent?


California, United States of America

Is a legacy of £500 payable to the eldest son of "A" to be begotten to pay his apprentice fees?


New Brunswick, Canada

Can a motion to dismiss be dismissed if the motion is accompanied by attached documents?


MultiRegion, United States of America

What is the current state of the law on representing counsel in a civil case?


MultiRegion, United States of America

What is the current state of the law on the best interests test?


Ontario, Canada

Does electronic monitoring of a conversation between a person and their spouse violate privacy?


California, United States of America

Can a court order the release of a prisoner on habeas corpus?


British Columbia, Canada

Does a defendant have to appeal against a sentence imposed on him by the Court of Appeal for failing to raise an objection to his prior conviction?


California, United States of America

What are the factors that determine whether a plaintiff has a successful claim against an oncology practice?


"New York", United States of America

What are the elements of a claim for damages against the Director of Agriculture and other state officers?


California, United States of America

What is the test for a motion to suppress a search?


California, United States of America

What is appellant's case law on felony-murder pleading?


California, United States of America

How have courts dealt with the cumulative impact of errors in a sexual assault case?


California, United States of America

What is the test for fraud in real estate law?


Saskatchewan, Canada

Does a judge have err in declining to hold an evidentiary hearing?


MultiRegion, United States of America

What is the test for whether a defendant is guilty of voluntary manslaughter or attempted murder in a case of mistaken identity?


California, United States of America

What is the test for establishing a presumption of innocence in a criminal case?


California, United States of America

In what circumstances will the Court review the facts supporting defendant's conviction for assault?


California, United States of America

Is it reasonable for a police officer to briefly detain an individual in order to determine the status of an arrest warrant?


California, United States of America

What is the test for abuse of evidence under section 1109 of the Evidence Code?


California, United States of America

Can a mechanical exclusion apply to a loss of income due to a failure of a furnace that is not contemplated by the exclusion?


Ontario, Canada

Can a criminal conspiracy be established "regardless of whether the crime agreed upon"?


MultiRegion, United States of America

What are the terms of an agreement between buyer and seller?


California, United States of America

Does the addition of the word "heirs" to a devise affect the gift in tail?


Ontario, Canada

What is the test for a murder conviction under the provocative act doctrine?


California, United States of America

What is the test for giving instruction on a defendant's failure to explain or deny evidence against him?


California, United States of America

Does a court have jurisdiction to take judicial notice of undisputed geographical facts?


MultiRegion, United States of America

What is the test for determining whether a kidnapping took place before the victim's crossing the border?


MultiRegion, United States of America

What is the test for an individualized version of the factual matrix?


Ontario, Canada

Is a statement of opinion entitled to fair comment?


Ontario, Canada

What is a victim's right to return the value of property lost in a motor vehicle accident?


MultiRegion, United States of America

What is the test for the purpose of Rule 66 of the Rules of Civil Procedure in B.C?


British Columbia, Canada

What is the test for punitive damages in an action for breach of contract?


Manitoba, Canada

Can a defendant appeal against his conviction under section 289, subdivision (i) and 288a, subdivision of the California Criminal Code?


California, United States of America

Does a payor and payee's capital take into account when calculating the amount of maintenance costs?


Saskatchewan, Canada

What is the test for determining whether a driver who changes his vehicle's speed is evasive?


California, United States of America

What is the proper standard of care for children in a parenting dispute?


Ontario, Canada

What is the test for reasonable conduct of a police officer?


MultiRegion, United States of America

Does a motion to revoke the grant of probation of a defendant who embezzled from her employer constitute a violation of the terms of her probation?


California, United States of America

If a cause of action is considered as a breach of fiduciary duty, would the same result be reached?


"New York", United States of America

What is the test of section 96 of the Constitution Act, 1867 and the unwritten principle of the rule of law?


Canada (Federal), Canada

Does the Court have an important interest in habeas review?


MultiRegion, United States of America

What is the current state law definition of prosecutorial misconduct?


California, United States of America

Is a suspension of support consistent with the best interests of the children?


Newfoundland and Labrador, Canada

How have courts dealt with allegations of bias in loss prevention investigations?


California, United States of America

What is the test for vicarious liability in a tort action brought by an employee who sexually assaulted another employee?


British Columbia, Canada

What is the test for sustaining a statutory presumption of illegal possession of firearms?


Canada (Federal), Canada

Is s. 14.1 of the Rules and Regulations of the Royal Canadian Dental Commission illegal, unlawful and unlawful?


British Columbia, Canada

Does the Court's failure to hold a hearing on whether a defendant has the ability to pay assessments under the Government Code or Penal Code violate his due process and equal protection rights?


California, United States of America

What are the factors that determine the types of HRTO awards for inappropriate touching in the workplace?


Ontario, Canada

What is the test for a motion for discovery in a civil case?


California, United States of America

What is the test for corroboration in a witness report?


California, United States of America

Can a motion to suppress evidence be reviewed de novo?


MultiRegion, United States of America

Is an instruction that misstated the elements of a criminal offence waived?


California, United States of America

What is the state of the evidence for a motion for a new trial in a methamphetamine case?


California, United States of America

Does the Court have any authority to remand the matter back to the trial court?


California, United States of America

What is the current state of the law on ordering reports to be produced from an electronic database?


Ontario, Canada

What is a trustee's duty to exercise their powers in the best interest of the beneficiaries of a trust?


British Columbia, Canada

What is the test for giving an instruction in a case where the judge refused to grant the instruction?


California, United States of America

Does a defendant have a right to cross-examine an out-of-court confession made by a non-testifying codefendant?


California, United States of America

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


California, United States of America

In what circumstances have the courts accepted civilian evidence of speeding in an 80 kilometre per hour zone?


Ontario, Canada

What is the test for counsel for the defense to make a closing argument in a criminal trial?


California, United States of America

Can a state criminal statute be assimilated into federal law?


MultiRegion, United States of America

Does the Court have jurisdiction to review a discretionary denial of cancellation of removal?


MultiRegion, United States of America

How have the courts dealt with the credibility of witnesses at trial?


California, United States of America

Can a defendant appeal his conviction and sentence for a violation of his constitutional rights?


California, United States of America

Can a defendant be convicted under Section 654 of the California Criminal Code for a single act or indivisible course of conduct?


California, United States of America

Is malice inferable when a party continues to prosecute an action after becoming aware that the action lacks probable cause?


California, United States of America

What is the test for pre-trial access to unprivileged evidence in criminal discovery?


California, United States of America

What are the minimum safeguards required by the federal government to provide for a search warrant application?


"New York", United States of America

What is the test for maintaining the status quo in a custody matter?


Prince Edward Island, Canada

Does a sentence of life with the possibility of parole apply to a convicted child rapist?


California, United States of America

What is the test for denying a motion to substitute counsel for abuse of counsel?


MultiRegion, United States of America

What is the standard of abuse of discretion in the appellate review of the denial of Romero motions?


California, United States of America

What constitutes “bad faith” in a medical malpractice case?


Ontario, Canada

What is the effect of a change in ownership of a strata lot that occurs during the decision process?


British Columbia, Canada

How has the court dealt with a dispute between a plaintiff and defendant in a property assessment case?


California, United States of America

Is an ordinance that prohibits the possession of a handgun in public places unconstitutional?


California, United States of America

What is the burden of proving malice against a defendant at a grand jury hearing?


California, United States of America

What is the legal test for unanimous verdict in a civil case?


California, United States of America

What acts of discrimination exist where an individual does not have a physical impairment but is erroneously perceived as having one?


MultiRegion, United States of America

Is a mortgagee in possession if he receives the amount of rent from the tenants?


Alberta, Canada

What is the leading authority on causation in medical malpractice cases?


British Columbia, Canada

When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review?


California, United States of America

Can a plaintiff obtain an opinion from a neuropsychologist under Rule 40A of the Evidence Act?


British Columbia, Canada

Can a court grant an "if and when" order to divide assets between spouses?


New Brunswick, Canada

Does the amendment to the Constitution need to be amended per se?


California, United States of America

Does an employee of a rental car company have regular use of the vehicles?


Ontario, Canada

What is the current state of the law on the right to enter a person's home and ask for personal information?


California, United States of America

What is the test for determining the validity of a statute where a claim is made that it unlawfully discriminates against any class?


California, United States of America

What is the test for a defendant to argue that the trial court erred by rejecting defendant's ineffective assistance of counsel?


California, United States of America

Is By-law 66 valid where a road has been used by the public over a considerable period of time?


Ontario, Canada

If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable?


California, United States of America

When will a defendant succeed in his application for ineffective assistance of counsel?


California, United States of America

Can a reasonable trier of fact have found the essential elements of the crime beyond a reasonable doubt?


California, United States of America

Is a conviction for failure to appear to be reduced from a felony to a misdemeanor?


California, United States of America

Is the word "overwork" in the California Code of Civil Procedure unconstitutionally vague?


California, United States of America

How have courts dealt with the issue of prosecutorial delay in dismissing a criminal case?


California, United States of America

Does a defendant have an affirmative obligation to take affirmative steps to insure that they will be tried in a timely manner?


MultiRegion, United States of America

Can a motion for reconsideration include any causes of action?


California, United States of America

Does a substantial delay in obtaining a search warrant for cell phone 2 render the search warrant stale?


California, United States of America

What is the burden of showing reversible error by failing to provide an adequate record?


California, United States of America

What is the legal test for determining the value of a person's property when it is not worth it?


MultiRegion, United States of America

Can the police search the seized packages without a warrant?


California, United States of America

Does the doctrine of strict liability apply to the manufacture of an automobile in which defective design or manufacture caused a fire?


California, United States of America

What is the burden of challenging a guilty verdict?


MultiRegion, United States of America

What is the current state of the law on continuing violations in employment law?


MultiRegion, United States of America

Can subjective intent be inferred from a person's level of involvement in the business or scheme?


British Columbia, Canada

What is the test for determining whether a trier of fact has power to find a defendant guilty of a lesser degree or class crime than that shown by the evidence?


California, United States of America

What is the test for reasonable and probable grounds for a police officer to use a Taser?


Ontario, Canada

What is the test for establishing inherent improbability in a witness statement?


California, United States of America

In what circumstances will a police officer opine a conversation is a drug transaction?


California, United States of America

Can a judge modify a finding nunc pro tunc in a subsequent order for the purpose of affirming the judgment?


California, United States of America

What is the test for reviewing a final disposition by a chambers judge?


Nova Scotia, Canada

What is the test for a court to determine the wishes of an incapable person?


Ontario, Canada

In what circumstances have courts sustained mail cover against first, fourth and ninth amendment challenges?


MultiRegion, United States of America

Can a person refuse to testify in a civil matter?


"New York", United States of America

When a respondent has not filed a respondents' brief in an appeal, can the court order that the respondent must file his or her own brief?


California, United States of America

Is a defendant's record adequate to permit meaningful appellate review?


California, United States of America

Does the Miranda rule need to be extended beyond its stated limits?


MultiRegion, United States of America

Does a hearing on juror disqualification need to be held?


California, United States of America

What is the test for determining probable cause in a search warrant application?


MultiRegion, United States of America

When is Section 3109 of the Civil Code requiring a police officer to knock on a door to a person's home?


MultiRegion, United States of America

What is the test for a "significant impact" in determining unequal distribution?


British Columbia, Canada

How does the US Supreme Court review challenges to the sufficiency of evidence de novo?


MultiRegion, United States of America

What is the burden of establishing that a plaintiff has a CFRA violation?


California, United States of America

Is sufficient as a matter of law for a murder-for-hire?


"New York", United States of America

Is a murder conspirator necessarily guilty of first degree murder?


California, United States of America

Can malice be presumed if there is no probable cause for the prosecution?


"New York", United States of America

How have the courts interpreted Section 894 of the Criminal Code in the context of an allegation that a defendant committed a criminal offence by sealing currency and receiving stolen currency?


MultiRegion, United States of America

What constructive restrictions must be placed on a person on a diversion program who has not been convicted of a crime?


California, United States of America

What is the test for a motion to set aside an order of forfeiture?


California, United States of America

When will a court decline jurisdiction on the basis of forum selection?


British Columbia, Canada

What is the test for determining a determinate sentence based on facts not found by a jury?


MultiRegion, United States of America

Is a condominium board of directors a legal entity?


Alberta, Canada

When will expert testimony be excluded in a motor vehicle accident?


MultiRegion, United States of America

How have courts dealt with cases involving the Church of Scientology?


Canada (Federal), Canada

What is the test for a firefighter to enter a warehouse that they believe is on fire?


MultiRegion, United States of America

Is restitution as a condition of probation governed by section 1203.1 rather than section 1202.4?


California, United States of America

In what circumstances will the US Supreme Court uphold a jury's refusal to return a verdict of manslaughter?


California, United States of America

What is the test for open enjoyment and continuous use of an electronic cigarette?


Ontario, Canada

Is there any case law where a parent has been found to be an objective parent?


Nova Scotia, Canada

What is the difference between the law and the law?


Prince Edward Island, Canada

What is the impact of a DNA database on the criminal justice system?


California, United States of America

When multiple acts constitute a continuous course of conduct, does the court have to agree that unanimity instruction is required in order to convict multiple acts?


California, United States of America

Is there any case law in which a jury has been instructed that only the actual killer and not an accomplice must act deliberately, deliberately and with premeditation?


California, United States of America

What is the test for establishing that a criminal street gang is a "criminal street gang"?


California, United States of America

If plaintiff wishes to stand on his first amended complaint, what are the options?


MultiRegion, United States of America

Does the fourteenth amendment due process clause apply to pretrial detainees cases?


California, United States of America

Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence?


Ontario, Canada

Is a municipality bound to maintain creeks?


Ontario, Canada

Can a lawyer who is engaged as counsel in a family law case be removed from the record for having an intimate relationship with a client?


British Columbia, Canada