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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 test for establishing that a radar operator is qualified to operate?


British Columbia, Canada

Is there any case law in which a plaintiff can make a claim of coercion against the Mall?


MultiRegion, United States of America

In what circumstances will the court grant an extension of the time to file a post-trial motion?


MultiRegion, United States of America

Is it possible to charge a person with the commission of a crime as in the case of a violation of section 1376 of the Penal Law?


"New York", United States of America

What are some cases where a conditional discharge or absolute discharge has been given in the domestic sphere?


Ontario, Canada

What is the test for violating the Eighth Amendment in the context of human rights violations?


MultiRegion, United States of America

Can a plaintiff obtain a post-accident photograph from the private portion of his Facebook account?


Ontario, Canada

Does a writ of mandate need to be issued?


California, United States of America

Is a federal court's decision to limit the scope of cross-examination in a civil case reviewed for abuse of power?


MultiRegion, United States of America

Is a jury's failure to instruct the jury on an essential element of the crime of driving the wrong way down a one-way street a mistake?


California, United States of America

Does the government have the authority to request a reconsideration of a previously submitted declaration on the basis that the declaration is substantially different than that made in previous proceedings?


MultiRegion, United States of America

What is the burden of proving the Anns test?


Ontario, Canada

What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992?


Ontario, Canada

What is the effect of a district court order dismissing a case for lack of subject matter jurisdiction?


MultiRegion, United States of America

What is the legal test for retaining counsel for a child?


Ontario, Canada

What is the test for excusal of a juror who is "intimidated" by other jurors?


California, United States of America

Does section 13967, subdivision (c) of the California Constitution allow a victim to recover any time he or she suffers as a result of the crime?


California, United States of America

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


California, United States of America

What constitutes "gratuitous violence" in the context of a carjacking?


California, United States of America

What is the test for a motion to reopen a judgment in a medical malpractice case?


MultiRegion, United States of America

What is the test for admissible evidence of misconduct in a criminal case?


California, United States of America

Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed?


California, United States of America

Is there any case law where a judge placed a witness on the stand in the context that the evidence strongly favors the prosecution's case?


California, United States of America

Does a defense counsel have a duty to prepare for the penalty phase by hiring an expert to evaluate possible mental state defenses?


MultiRegion, United States of America

What is the test for inferring or presuming the truth of an allegation of sexual assault?


California, United States of America

What is the standard of review for a special circumstance finding?


California, United States of America

What threshold issue does appellant need to meet to obtain a warrant for the seizure of his computer from his office?


California, United States of America

Does a guilty plea prevent a defendant from denying his involvement in a conspiracy to distribute or distribute cocaine?


MultiRegion, United States of America

Does federal law operate to the exclusion of state law?


California, United States of America

Does a solicitor have to file an affidavit on a motion?


Canada (Federal), Canada

Is there any evidence that a plaintiff has sustained a long-term, long term chronic pain for long periods of time?


British Columbia, Canada

Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing?


California, United States of America

Is a sentence for assault with intent to cause grievous bodily harm under section 654 of the Criminal Code extended to include a firearm enhancement?


California, United States of America

Can a search undertaken pursuant to an invalid search warrant be considered incident to an arrest based upon probable cause?


California, United States of America

Can a contract be used as a juristic reason sufficient to defeat a claim of unjust enrichment?


British Columbia, Canada

Is it reasonable for an applicant at a Personal Injury Appeal (PIF) hearing to omit an incident in which his house was shot at?


Canada (Federal), Canada

What is the test for determining whether there is good cause for terminating an employee's employment?


California, United States of America

What is the effect of a plan proposed and held out at a sale?


Ontario, Canada

What is the test for including defamatory statements in a publication?


British Columbia, Canada

How have courts treated injuries to construction workers who fall from a high-rise construction scaffold?


"New York", United States of America

What is the test for "exceptional circumstances" in the criminal justice system?


MultiRegion, United States of America

Is a defendant entitled to a claim for punitive damages even if he has received a sentence for one of the assaults?


British Columbia, Canada

Can a medical malpractice defendant be held liable for breaching an express warranty?


California, United States of America

What is the impact of a motor vehicle accident on an income stream?


British Columbia, Canada

In what circumstances will a defendant be denied a jury's decision to dismiss evidence of prior criminal convictions?


California, United States of America

What is the test for intoxication in the context of section 29.4 of the Penal Code?


California, United States of America

What is the test for completing an application in two days?


British Columbia, Canada

What is the test for a buyer to purchase a house?


Saskatchewan, Canada

What are the implications of section 2600 of the California Civil Rights Act on the rights of detainees?


California, United States of America

What is the test for admitting evidence that involves crimes other than those for which a defendant is being tried?


California, United States of America

Does a statement of facts need to be omitted from the facts of the underlying offence?


California, United States of America

Does a plaintiff have a right to sue for medical malpractice?


MultiRegion, United States of America

What is the test for punitive damages in the employment context?


Canada (Federal), Canada

What is the standard of proof for a plaintiff to claim lost income?


British Columbia, Canada

Is it necessary to commence an action to identify and establish the true ownership of a mortgage?


"New York", United States of America

What is the legal test for drafting a pleading in a pro se proceeding?


MultiRegion, United States of America

What is the "either/or" rule in the context of sexual assault cases?


California, United States of America

What is the burden of affirmatively demonstrating error?


California, United States of America

What is the test for determining whether an administrative decision was prejudicial?


California, United States of America

What is the test for obtaining a warrant to search a person without a search warrant?


California, United States of America

What is the test for a police officer responding to a domestic violence report to enter a vehicle?


California, United States of America

Is there any real likelihood of prejudice to the ability of the accused to make full answer and defence because of the loss of exhibits?


Ontario, Canada

What is the test for "reasonable person" in the context of the California Franchise Tax Act?


MultiRegion, United States of America

What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation?


British Columbia, Canada

How have courts rejected the identical claim raised by defendant in a personal injury case?


California, United States of America

What evidence is sufficient to convict an inmate of implied malice murder for his role in a brutal assault on a child molester?


California, United States of America

What is the state's interest in the purpose of probation in this case?


California, United States of America

What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend?


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

What is the test for an anti-SLAPP motion?


California, United States of America

What is the test for presuming causation in a medical malpractice case?


Manitoba, Canada

What is the effect of the respondent mother’s decision to leave the home of the child's grandparents and establish an artificial status quo?


Ontario, Canada

What is the test for dismissing a motion for gross negligence?


California, United States of America

What is the effect of a bankruptcy proceeding involving a claim against a bankrupt who also has a claim in state law?


MultiRegion, United States of America

What is the test for determining whether a plaintiff has made a showing of intent to sue for damages arising from a breach of the Consumer Protection Act?


California, United States of America

Does a bank have the liberty to advance its own interest ahead of that of a customer?


Ontario, Canada

Is a federal district court's decision to reduce a sentence under section 3582(c)(1) of the Criminal Code an abuse of discretion?


MultiRegion, United States of America

What is the test for a general demurrer under the Rule of pleading of pleading where a party relies on a limitation in the enabling section of the Income Tax Act?


California, United States of America

What is constitutional standing and what is the test for standing?


MultiRegion, United States of America

What is the state of the law on admitting opinion evidence at the Court of Appeal?


Canada (Federal), Canada

What is the test for constructive possession of a firearm?


California, United States of America

What is the effect of a federal judge's order requiring counsel to attend the post-conviction hearing of a defendant in a sexual assault case?


California, United States of America

What is the impact of delay in applying for a conditional discharge?


British Columbia, Canada

How have courts treated custody rights in the context of child protection legislation?


MultiRegion, United States of America

Is reasonable suspicion reasonable enough to justify an investigatory stop?


MultiRegion, United States of America

How has the court treated physiotherapy treatments recommended by a family physician?


British Columbia, Canada

When a defendant is convicted of possession of a deadly weapon with intent to commit an assault on another defendant, what is the diminished capacity defense?


California, United States of America

How have courts interpreted section 1203.1(1) of the California Criminal Code to determine that a defendant is entitled to restitution exceeding the damages for which he is held culpable?


California, United States of America

What is the test for a motion to strike a jury notice in a medical malpractice case?


Ontario, Canada

What is the law on mobility cases?


Ontario, Canada

Is a defendant entitled to appeal against his sentence for possessing and using a box cutter?


California, United States of America

What is the effect of a judge's solemn declaration in his findings and order modifying the decree of distribution?


California, United States of America

On appeal, how is the wording of a jury instruction reviewed?


California, United States of America

What is the test for intentional infliction of emotional distress?


California, United States of America

What are the implications of the First Amendment for the exercise of religious freedom in prison?


MultiRegion, United States of America

What is the test for admissible statements in a criminal case?


California, United States of America

What is the statute of limitation period when a plaintiff is not aware of the legal significance of the event?


California, United States of America

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


British Columbia, Canada

What is the standard of review for an appeal against a Deputy Judge making errors of fact?


Ontario, Canada

Can a defendant challenge the veracity of an affidavit that supports a search warrant?


California, United States of America

What is the burden on a proponent of a settlement?


California, United States of America

Is it a constitutional right for an interpreter to be provided with in the context of defending against criminal prosecution?


MultiRegion, United States of America

What is the test for undue influence in civil law?


California, United States of America

If there is a loss of earning capacity, and its value, what are the risks and benefits of continuing pain and ongoing pain?


British Columbia, Canada

In what circumstances will the Court of Appeal review the amount of fees awarded by the District Court?


MultiRegion, United States of America

Can a defendant argue the court erred in allowing the prosecution to use a mannequin to illustrate the victim's stab wounds?


California, United States of America

What is the burden of seeking an administrative remedy in a medical malpractice case?


MultiRegion, United States of America

What is the effect of a pre-nuptial agreement waiving a right to apply under the Family Law and Divorce Act?


British Columbia, Canada

When will a court order the removal of a child from the UK under the Child Support Guidelines?


British Columbia, Canada

What is the test for dismissing an order of dismissal?


California, United States of America

Is there a Fourth Amendment violation based on the search of the person during the initial arrest?


MultiRegion, United States of America

Is there a disqualifying conflict of interest in a medical malpractice case?


Nova Scotia, Canada

Is a lawful taking followed by wrongful detention a wrongful taking?


Manitoba, Canada

What is the test for an "exonerating, superseding cause" in a motor vehicle accident?


California, United States of America

Can a party who is not a registered owner of a property be evicted on the basis of trespass?


Ontario, Canada

Does the Belaire-West notice need to be supplemented with a protective order?


California, United States of America

What is the test for determining whether a collective agreement is enforceable or enforceable?


Ontario, Canada

Does the amendment to section 667.5, subdivision (b) of the California Criminal Code apply retroactively to appellant?


California, United States of America

In what circumstances will an appraiser be found liable for failing to detect dry rot and insect infestation?


British Columbia, Canada

How have courts dealt with the error in allowing a defendant to exclude evidence that he had a prior conviction for assault?


California, United States of America

What is the test for causation and damages in a medical malpractice action?


California, United States of America

What is the starting point of every fee award in a personal injury case?


California, United States of America

What is the test for a traffic stop under the Fourth Amendment?


California, United States of America

What is the test for striking a prior conviction for abuse of power?


California, United States of America

In summing up, does a lawyer have to be careful not to assume facts not in evidence or invite the jury to speculate as to unsupported inferences?


California, United States of America

What is the current state of the law on workplace injuries under the BC Workers’ Compensation Act?


British Columbia, Canada

What is the test for establishing that a death-qualified jury was less than neutral with respect to guilt?


California, United States of America

What is the test for reasonable detention under the Fourth Amendment?


California, United States of America

What authority does a state court have to order a foreclosure sale and eviction during the pendency of a bankruptcy?


federal, United States of America

Is it necessary to cite any authority to argue that a question of construction of a written instrument is a matter of law?


British Columbia, Canada

What is the test for "shocking conscience" use of deadly force by a police officer?


MultiRegion, United States of America

What is the purpose of special costs?


British Columbia, Canada

What is the test for the Attorney General to be able to bring a civil action against a corporation in the absence of a showing of extreme and indefensible abuse?


California, United States of America

Does a court have authority to remove counsel from an indigent criminal defendant?


California, United States of America

In what circumstances will a defendant bring a claim of ineffective assistance of counsel based on the failure to object on appeal?


California, United States of America

What is the effect of a third party's failure to admit liability to a plaintiff prior to trial?


British Columbia, Canada

What is the effect of a break in jury deliberations?


MultiRegion, United States of America

How have courts dealt with a false charge made by the wife against the husband?


Saskatchewan, Canada

What is the standard of review in a family law case where the trial judge's findings of fact are based on credibility assessments?


Ontario, Canada

What constitutes a "reckless indifference to human life" in a criminal case?


California, United States of America

Does the Court have jurisdiction to order a cease-and-desist order against the Department of Justice?


MultiRegion, United States of America

What are the elements of a burglary?


California, United States of America

In what circumstances will a motion judge strike down a negotiated settlement agreement?


Ontario, Canada

What is the test for parole eligibility for a convicted rapist?


California, United States of America

Can a parent avoid child support obligations by reducing their income by obtaining an education?


Ontario, Canada

What is the current state of the law on costs in estate matters?


British Columbia, Canada

What is the test for making a payment to an officer who has a valid warrant for the collection of an assessment?


"New York", United States of America

Does an administrative agency have to follow its own regulations?


California, United States of America

Is a defendant who committed a murder perpetrated by means of lying in wait guilty of first degree murder?


California, United States of America

Does a defendant have a Miranda right to remain silent during a custodial interrogation?


California, United States of America

What is the test for an offer of settlement in a personal injury case?


Ontario, Canada

What is the consequence of failing to raise an authentication objection in the trial court?


California, United States of America

What is the test for judicial deference to an administrative tribunal on the interpretation of its "home statute" or statute?


Canada (Federal), Canada

What is the test for a jury to convict a defendant of robbery?


California, United States of America

Does a prior strike defense exist?


California, United States of America

Is a plea agreement that waives a right to file a federal habeas petition enforceable?


MultiRegion, United States of America

Can a refiled action be treated as a continuation of a dismissed action?


California, United States of America

What is the test for s. 9 certificate validity?


Saskatchewan, Canada

Does an order to show cause require the petitioner to provide a record of a change of address?


MultiRegion, United States of America

What are the consequences of perjury in criminal law?


British Columbia, Canada

Can a company maintain a standard of perfection and maintain a perfectly dry floor?


British Columbia, Canada

What are the requirements for a trial judge to consider in determining the ultimate order in a personal injury case?


Ontario, Canada

Can a motor vehicle accident victim sue the driver of the vehicle in which he was a passenger?


"New York", United States of America

What is the effect of Rule 12 on the "motion in bar"?


MultiRegion, United States of America

Is there any common law or federal or state law jurisdiction in this case?


"New York", United States of America

Does a judge have the power to restrict fundamental rights in a probation sentence?


MultiRegion, United States of America

What is the test for warrantless inspection of vehicles in a motor vehicle dealership?


California, United States of America

What is the test for an obligation of a municipal council to keep in repair?


Saskatchewan, Canada

Can an insured who has been "cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations" recover attorney fees and expenses incurred in defending against the insurer?


"New York", United States of America

What is the test for using the word "victim" in a jury trial?


California, United States of America

What is the test for establishing error under state law?


California, United States of America

What is the test for objectively and subjectively reasonable grounds in the context of electronic surveillance?


Ontario, Canada

Does a defendant have to admit that he has a prior serious felony conviction?


California, United States of America

Is a probation condition valid under the Fifth Amendment?


California, United States of America

Does a defendant give up his right to trial by jury if he agrees to a plea of guilty?


California, United States of America

What is the scope of a homeowner's right to do gardening?


California, United States of America

Does the release rule apply to a tortfeasor who has been involved in a motor vehicle accident?


California, United States of America

Is a payment made under duress recoverable under a theory of unjust enrichment?


California, United States of America

What is the scope of the parental right to have children and to custody of the children under the California Civil Rights Act?


California, United States of America

Is a portion of an order making a charging lien on appellant's property in the estate improper?


California, United States of America

What is the test for a conspiracy to commit a crime?


California, United States of America

How have the courts interpreted a motion for a new trial?


California, United States of America

In what circumstances can a father's claim for equalization and exclusive possession of the matrimonial home be dealt with in this court?


Ontario, Canada

How have the facts related to the disqualification of a trial judge in a civil case been interpreted?


California, United States of America

What is the per se rule for horizontal price-fixing?


MultiRegion, United States of America

What is the test for determining whether a decision-maker erred in exercising his discretion in assessing humanitarian and compassionate considerations?


Canada (Federal), Canada

What are the elements of two counts of aggravated assault?


California, United States of America

What are punitive damages for conduct in the manner of dismissal?


British Columbia, Canada

What is the difference between a prospective juror and prospective jury in a death penalty case?


California, United States of America

Can a police officer search a probationer's home for an "investigatory" rather than a "probationary" purpose?


California, United States of America

What is the test for credibility of witnesses who have criminal charges pending at the time they testified?


California, United States of America

What is the test for admitting or excluding impeachment evidence?


California, United States of America

What is the test used to determine whether a search warrant properly shows probable cause?


MultiRegion, United States of America

Can a jury find that a defendant committed second degree murder or involuntary manslaughter but not premeditated murder?


California, United States of America

What is the test for reasonable grounds in the context of privacy legislation?


British Columbia, Canada

Does the policy considerations militate against the panel majority's view that a Townsend hearing was necessary to determine if the state court had properly decided that no Fourth Amendment claim had been made?


MultiRegion, United States of America

In what circumstances will child support be considered as income for purposes of child support purposes?


Nova Scotia, Canada

What is the test for setting aside a notation for default?


Saskatchewan, Canada

What is the test for obtaining discovery of a police officer personnel file?


California, United States of America

Does a court have to reasonably determine that a defendant has not satisfied a reasonable standard of conduct in a civil case?


MultiRegion, United States of America