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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 factual and procedural background to a civil case brought by the Court of Appeal in the case of People v Kelly?


California, United States of America

What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant?


California, United States of America

What is the standard of evidence provided by Husband in a personal injury case?


California, United States of America

Does the Court need to consider arguments raised for the first time at oral argument?


California, United States of America

What is the accident defense against criminal culpability?


California, United States of America

What are the consequences of a jury finding that a principal was armed with a firearm at a school?


California, United States of America

Does the co-conspirator's exception apply?


British Columbia, Canada

What is the standard of care for a reasonably competent, experienced criminal defense attorney to make a decision on whether to object to evidence?


California, United States of America

What is the test for transferring the burden from the legatee to the residue?


California, United States of America

What is probable cause for arrest in a criminal case?


California, United States of America

How have courts and juries treated mental health issues?


California, United States of America

Does the Court have any power to vacate or set aside a judgment in a criminal case?


California, United States of America

Is a judgment entered upon default for want of an answer to an amended complaint valid?


California, United States of America

What is the effect of classifying an action as a limited civil case?


California, United States of America

Can a jury find prejudice from a failure to give an aiding and abetting instruction when a defendant has been found guilty under instructions based on direct perpetrator liability?


California, United States of America

What is the test for meeting the requirements of section 4(1)(b) of the Criminal Code?


British Columbia, Canada

What is the test for establishing that a statute or initiative is constitutional?


California, United States of America

On what grounds can a judge refuse to grant a conditional discharge?


California, United States of America

What is the current state of the law on counsel's representation that there is a potential conflict between counsel and appellant?


MultiRegion, United States of America

Is there a breach of s.8 of the Criminal Code when the accused was searched during his arrest?


Nova Scotia, Canada

What is the current state of the law on discovery?


MultiRegion, United States of America

If a jury does not agree to find a defendant guilty of battery with serious bodily injury on a charge of mayhem, is this error harmless?


California, United States of America

Does the doctrine of imperfect self-defense apply to reduce the killing from murder to voluntary manslaughter?


California, United States of America

Does a federal district court have jurisdiction to modify, alter or revoke a prior order?


MultiRegion, United States of America

Does the California Department of Health and Social Care fail to provide evidence that smoking is not allowed at a medical office?


California, United States of America

What is the test for the presumption of prejudice in a defamation case?


British Columbia, Canada

Is a father's right to search his son's toolbox when he is not an adult?


California, United States of America

Is a request for leave to amend a mid-motion to a motion for summary judgment fair?


Ontario, Canada

What is the test under rule 62.02(4)(b)?


Ontario, Canada

What is the difference between a judicial review of errors by the California Environmental Protection Agency and a similar type of error?


California, United States of America

What are the implications of the term "insane delusions" in the context of a will?


Ontario, Canada

What is the scope of an inspection warrant?


MultiRegion, United States of America

Does an alleged imminent danger of serious physical injury qualify for forma pauperis?


MultiRegion, United States of America

What is the test for determining whether a defendant is competent to stand trial?


MultiRegion, United States of America

How has the California Supreme Court interpreted the 'relative responsibility' provisions in relation to child protection legislation?


California, United States of America

What is the impact of the Three Strikes law on defendant's criminal history?


California, United States of America

What is the burden of proving liability of a transferee?


MultiRegion, United States of America

Does a court have jurisdiction to prosecute the same defendant in the same case?


MultiRegion, United States of America

What is the test for equal protection under the Fourteenth Amendment of the California Constitution?


California, United States of America

What is the current state of the law on a motion seeking an injunction restraining disposition of the assets of a defendant in a fraud case?


Ontario, Canada

What is the test for determining the appropriate amount of bond in a personal injury action?


California, United States of America

Is a federal court permitted to address issues of subject matter jurisdiction sua sponte at any stage of the litigation?


MultiRegion, United States of America

What is the test for reversal of a finding of guilty on one count of sexual assault?


California, United States of America

What is the case law in the context of boundary disputes?


Saskatchewan, Canada

What is the appropriate disposition for a charge of sexual assault to be amended or amended?


California, United States of America

Can a jury be found to have been "harsh, heated and emotional" in their deliberations?


California, United States of America

What is the test for an arbitrator to enforce a contract where the contract is not enforceable?


Ontario, Canada

What is the test for a Rule 15 motion?


MultiRegion, United States of America

Is a defendant required to prove at least one overt act in furtherance of the conspiracy to defraud another of property within the statute of limitations?


California, United States of America

How has the term "great bodily injury" been interpreted in the context of section 461 of the California Criminal Code?


California, United States of America

Is a search conducted without a warrant unreasonable per se under the Fourth Amendment?


California, United States of America

What is the test for vitiating a marriage agreement?


British Columbia, Canada

Does a defendant waive his right to withdraw his plea?


California, United States of America

What impact will the COVID-19 pandemic have on jury trials?


Ontario, Canada

Does a receiver have the power to dispose of property subject to a receivership?


MultiRegion, United States of America

When reviewing a finding of juror impartiality by a district court, what is the deference due to the district court?


MultiRegion, United States of America

In what circumstances will the independent source doctrine apply in a search warrant application?


California, United States of America

What is the impact of the "maximum contact" principle on a child?


Ontario, Canada

What is maritime law in relation to an incident involving a non-commercial vessel that occurs on wholly inland waterways?


Canada (Federal), Canada

Does a joint submission need to be substituted with another penalty that is within the range of reasonableness?


Ontario, Canada

What is the test for unreasonable use of land?


Ontario, Canada

Is a certified copy of an order of protection necessary in a criminal contempt case?


"New York", United States of America

What are the consequences of failing to submit objections to an Order of the District Court of Appeal?


MultiRegion, United States of America

On appeal from a decision on judicial review, what is the role of the appellate court?


British Columbia, Canada

Is a delay in starting deportation proceedings a defense?


MultiRegion, United States of America

What is the test for a motion to suppress?


California, United States of America

What is the standard of review in a claim regarding the sufficiency of the evidence?


California, United States of America

Can a state court deny jurisdiction in an action at law where the complaint is insufficient to state a cause of action?


MultiRegion, United States of America

What is the test for imperfect self-defense?


California, United States of America

Can a party substitute a reasonable notice period in an employment agreement?


Ontario, Canada

What is the test for an expert's analysis of crime scene data at a jury trial?


California, United States of America

Does Section 12022.7, subdivision (a) of the California Criminal Code apply to a defendant who was convicted of grievous bodily harm for the purposes of a criminal street gang?


California, United States of America

What constitutes substantial evidence in a sexual assault case?


California, United States of America

How have sections 6 and 7 of the Charter of Canada been interpreted?


British Columbia, Canada

In what circumstances will a court order that a motion to amend a motion brought by a plaintiff be amended?


California, United States of America

Does a prosecutor object to a motion to amend the facts of a criminal case?


California, United States of America

What is the case law on cruel and unusual punishment in the context of the Eighth Amendment?


MultiRegion, United States of America

What is the test for adjustment of status under section 245 of the Immigration Reform Act?


MultiRegion, United States of America

What is the effect of a finding of fact by the BC Workers’ Compensation Appeal Tribunal on a claimant’s entitlement?


British Columbia, Canada

What is the burden of establishing entitlement to attorney fees?


California, United States of America

Is a jury required to agree on which of the acts constitute a crime?


California, United States of America

How have solicitor’s costs been recovered from a garnishee order?


Saskatchewan, Canada

What factors will a federal court consider when deciding whether to grant a conditional discharge for a prior conviction?


MultiRegion, United States of America

What is the test for determining whether a suspect has committed a crime?


MultiRegion, United States of America

What is the test for a motion to suppress evidence?


MultiRegion, United States of America

What are the relevant facts for determining whether a defendant was in custody prior to making any admissions?


California, United States of America

How have courts interpreted the test set out in a federal district judge's order?


MultiRegion, United States of America

What are the implications of the Federal Tax Court's determinations of fact and its interpretation of law?


MultiRegion, United States of America

How have courts dealt with the issue of listing bundles of documents under one item?


British Columbia, Canada

Does the forfeiture rule bar defense counsel from challenging the sentence imposed for counts 3 and 4 under section 654 of the Criminal Code?


California, United States of America

What is the test for establishing an actual residence for 10 months of that 10-month period under the Divorce Act?


Manitoba, Canada

What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass?


British Columbia, Canada

What is the current state of the law on warrantless entry in domestic violence cases?


MultiRegion, United States of America

Does a jailor have excessive force against an inmate under the Fourteenth Amendment?


MultiRegion, United States of America

Is there any case law in which a defendant is held liable for cruel and unusual punishment?


MultiRegion, United States of America

What is the test for bifurcation of a jury trial?


Ontario, Canada

Does section 527.6 of the California Code of Civil Procedure define "substantial emotional distress"?


California, United States of America

What is the test for knowledge and approval?


Prince Edward Island, Canada

What is the test for overturning a judgment against a criminal defendant for violation of the Sixth Amendment's confrontation right?


California, United States of America

Can a defendant testify in his own defense?


California, United States of America

What is the general scope of a search warrant?


MultiRegion, United States of America

What is the test for reasonable grounds under section 254(3) of the Criminal Code?


Ontario, Canada

When a plea agreement includes a plea bargain, does the prosecution need to express the prosecution's belief that the witness would testify to certain facts?


California, United States of America

What is the test for determining whether a defendant has the burden of proving his or her eligibility for resentencing under section 1170.18?


California, United States of America

What is the test for false imprisonment?


Saskatchewan, Canada

Does a "routine application of state evidentiary law" not implicate a defendant's constitutional rights?


California, United States of America

What is the test for Re Residential Tenancies?


British Columbia, Canada

What is the effect of the reliance of the RPD on documents which were not disclosed in the middle of the hearing?


Canada (Federal), Canada

What is the test for identification in an extradition hearing?


British Columbia, Canada

What is the test for alleging a violation of the Eighth Amendment by a prison officer for failing to protect an inmate from violence?


MultiRegion, United States of America

Is a defendant entitled to immunity for a defense witness?


California, United States of America

Does an attorney have the authority to enforce a claim arising from a precedent debt?


MultiRegion, United States of America

What are the costs and attorney fees of a party who requests a trial de novo and fails to obtain a judgment from an arbitrator?


California, United States of America

Does the fact that information appears on the CSLB website make it a matter of common knowledge or a proposition that is reasonably subject to dispute?


California, United States of America

What is the test for liability under the BCSC 1253?


British Columbia, Canada

What is the test for an award of damages for misconduct by a litigant?


MultiRegion, United States of America

What are the costs claimed by defendants counsel on a partial indemnity basis?


Ontario, Canada

Can a criminal conviction for a prior RICO offence be used as a predicate act in a subsequent RICO case?


MultiRegion, United States of America

Can a plaintiff obtain equitable estoppel to prevent a defendant from asserting the bar of the statute of limitations?


California, United States of America

Is a search warrant obtained after a warrantless entry sufficient to suppress or suppress evidence seized pursuant to the search warrant?


MultiRegion, United States of America

Can a partner be held liable for embezzlement of partnership funds?


California, United States of America

What is the test for an application to strike a proceeding on the basis that it does not disclose a cause of action?


Alberta, Canada

Can a prosecutor question a witness about prostitution?


California, United States of America

Can a defendant who is convicted of a violent felony, such as first degree burglary, receive more than 15% of his or her sentence for violent crimes?


California, United States of America

What is the difference between attempted murder and completed murder?


California, United States of America

What is the test for circumstantial evidence in a murder trial?


California, United States of America

Can an employer be held liable for failing to implement a policy that is deficient in respect of civil rights?


MultiRegion, United States of America

Can a defendant be convicted of involuntary manslaughter even if he had a good faith belief that his actions posed no risk?


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

In what circumstances will a plaintiff fall from a ladder while working at the home of her son-in-law?


British Columbia, Canada

What is the difference between an application to cancel or reduce arrears accrued pursuant to a support order?


British Columbia, Canada

What constitutes professional negligence in medical malpractice cases?


California, United States of America

Can a trial court dismiss with prejudice defendants who have not appeared?


California, United States of America

What is the test for professional representation in a personal injury case?


MultiRegion, United States of America

Can a judge misapprehended the law by treating evidence of the respondent's experience with the criminal justice system as she did?


Nova Scotia, Canada

What is the test for a right to continue flow of water in a defined channel?


Ontario, Canada

What is the test for abuse of discretion?


MultiRegion, United States of America

What is litigation privilege and what is its impact?


Northwest Territories, Canada

What is the test for interpreting "ordinary meaning" in a statute?


California, United States of America

What is the test to determine insufficient evidence in a criminal case?


California, United States of America

What is the test for a civil action brought by a federal civil servant who allegedly violated the civil rights of a plaintiff?


MultiRegion, United States of America

Does the Court of Appeal have jurisdiction to legislate for the purpose of effecting a reciprocal agreement or arrangement with another state?


British Columbia, Canada

Is there any case law where an attorney concealed material evidence that could have affected the outcome of a probate action?


California, United States of America

What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition?


California, United States of America

When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered?


MultiRegion, United States of America

On appeal from the district court, what are the implications of the bankruptcy court's decision?


MultiRegion, United States of America

(1) Does the trial court have a sua sponte duty to give instructions and verdict forms on crime B if warranted by the evidence?


California, United States of America

What is the test for a plaintiff to claim damages for items that have not been claimed?


Alberta, Canada

What is the test for ineffective assistance of counsel?


California, United States of America

What is the effect of the judgment against defendant in his personal injury case?


California, United States of America

What is the test for an anti-SLAPP motion de novo?


California, United States of America

Can an employer be held liable if an employee is injured while operating a machine designed and manufactured by their own company?


California, United States of America

What is the test for involuntary commitment in a mental health case?


California, United States of America

What is the appropriate amount of notice for an employee to leave their job?


British Columbia, Canada

Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness?


Canada (Federal), Canada

How have the courts interpreted the Miranda waiver?


California, United States of America

Is Heyliger permitted to plead not guilty to a charge of failure to exhaust his mental health treatment?


MultiRegion, United States of America

What is the role of participatory rights in procedural fairness?


British Columbia, Canada

What is the test for "reasonableness" in the context of use of force by a police officer?


MultiRegion, United States of America

What is the test for just compensation in the context of a claim for damages arising out of a breach of contract?


"New York", United States of America

Can a court infer that the police department had a policy of arresting plaintiff for disturbing the peace while declining to arrest his neighbors even when they are guilty of the same offence?


MultiRegion, United States of America

Does the implied exception rule apply to the exclusion of a specific provision?


British Columbia, Canada

Is there a difference in circumstances where an insured was late in filing a claim?


California, United States of America

Can a search warrant be used to search a person's home without reference to his arrest?


California, United States of America

How has the court interpreted the corpus delicti rule in the context of an assault case?


California, United States of America

What is the burden of establishing territorial competence or jurisdiction of this court?


British Columbia, Canada

What is the current state of the law on prosecution comments on the Fifth Amendment?


California, United States of America

What is the applicable law for a renewal application?


British Columbia, Canada

What constitutes concealment in medical malpractice cases?


California, United States of America

What are some cases dealing with a motion to strike a jury notice?


Nova Scotia, Canada

What is the plain view doctrine in the context of search and seizure?


MultiRegion, United States of America

What is the test for determining whether a defendant was predisposed to commit the same criminal charges?


MultiRegion, United States of America

Does the substantial evidence test apply when the First Amendment is not implicated?


California, United States of America

Is a residential burglary a criminal offence?


California, United States of America

What is the test for a motion requiring a plaintiff to furnish security in a vexatious litigant action?


California, United States of America

Is there any case law in which a murder victim is not violent?


California, United States of America

Is attorney-client privilege protected?


MultiRegion, United States of America

In a COVID-19 case brought by and on behalf of various homeless persons in Toronto, what is the scope of the injunctive relief?


Ontario, Canada

Is a writ of mandate sufficient to secure the right to a jury trial?


California, United States of America

What are some examples of abuse of evidentiary rulings?


MultiRegion, United States of America

What is the test for overturning a finding that the circumstances reasonably justify the findings of a jury?


California, United States of America

What are the consequences of an award of punitive damages?


Ontario, Canada

Is there any state action that would implicate due process protections?


MultiRegion, United States of America

Does the Eleventh Amendment bar actions against state officers in their personal or individual capacities?


MultiRegion, United States of America

Is a defendant prejudiced by the failure to provide him with a jury trial because he was found guilty only of harassment?


"New York", United States of America

Is the right to keep and bear arms for self-defense a fundamental right under the Second Amendment?


MultiRegion, United States of America

What is the current state of the law on warrantless seizures of cars by police?


California, United States of America

Are any factual determinations made by the Department of Transportation binding on the appellate court?


California, United States of America

What is the "flagrancy and purposefulness" of police misconduct?


California, United States of America

How have courts interpreted the Statement of Claim in garnishee proceedings?


British Columbia, Canada

Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards?


British Columbia, Canada

Can a state criminal statute be assimilated into federal law?


MultiRegion, United States of America

What is the substantial evidence rule on appeal?


California, United States of America

Does the description of a term in civil legislation by reference to it being "under" a specific statutory provision in the Criminal Code apply to the meaning of that term?


British Columbia, Canada

What is the test for probable cause for a search of a van in a traffic collision?


MultiRegion, United States of America

Is a plaintiff's future earnings loss subject to interest under s. 2 of the Personal Injury Act?


British Columbia, Canada

What is the test for allowing an amendment to the proof in a personal injury case?


California, United States of America

What is the test for obtaining attorney fees under California Code of Civil Procedure section 1021.5?


California, United States of America

Is there a constitutional right to require that defense witnesses dress in civilian clothes?


California, United States of America

What is the current state of the law on mortgage fraud?


Ontario, Canada