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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.


Does a dismissal of an indictment due to prosecutorial misconduct preclude a timely reindictment of the original indictment?


MultiRegion, United States of America

Is there any case law or case law that supports the argument that a loss is an assessment, not a mathematical calculation?


British Columbia, Canada

What are the elements of a section 148, subdivision (a)(1)(1) violation of probation for resisting a peace officer?


California, United States of America

Are statements made by a witness considered hearsay?


California, United States of America

What considerations apply to each stage or phase of an extradition proceeding?


Ontario, Canada

What is the test for establishing actual prejudice in a motion for dismissal?


California, United States of America

What is the test for witness testimony at trial?


"New York", United States of America

Can a claim be dismissed due to the expiry of a limitation period?


Ontario, Canada

What are the consequences of prosecution's use of peremptory challenges to remove prospective jurors from a jury?


California, United States of America

What is the effect of a prosecutor arguing that the jury should impose the death penalty to exact retribution?


California, United States of America

Is a vehicle that is too far away to be seen by a driver when it enters a highway not "approaching on the highway"?


Nova Scotia, Canada

What are some cases dealing with responsive reports?


British Columbia, Canada

What is the test for establishing that a marriage is not a statutory marriage?


"New York", United States of America

What is the test for pleading that a law firm is not acting as counsel for a trust?


British Columbia, Canada

How have courts interpreted the duty of a professional in the context of disability benefits application?


MultiRegion, United States of America

What is the difference between a majority and a majority in making a general obligation bond financing decision?


California, United States of America

In reviewing a motion to suppress evidence, does the court defer to the factual findings of the trial court?


California, United States of America

If an act committed during a limitations period has not acquired a degree of permanence, can it be treated as a single course of conduct that is governed by the same limitations period?


California, United States of America

What is the test of credibility of a witness in a sexual assault case?


British Columbia, Canada

What is the test for abridged civil rights in medical care?


MultiRegion, United States of America

Can a defendant be held liable for first degree murder in a provocative act murder case?


California, United States of America

What factors are considered to determine whether a defendant has a history of criminal activity?


MultiRegion, United States of America

What is Collicutt’s claim in the Statement of Claim?


Ontario, Canada

What is the test for knowing assistance in a breach of trust?


Ontario, Canada

What is the test for rescission under section 39 of the California Civil Code on a contract signed by a person of unsound mind?


MultiRegion, United States of America

Can a party claim status as a purchase money security holder if one of the parties does not identify the agreement as such?


British Columbia, Canada

Is a judge required to be "comprehensive" on all aspects of the evidence at trial?


Ontario, Canada

Can a defendant be convicted of murder with a special circumstances finding that the crime was committed during the commission or attempted commission of a robbery?


California, United States of America

What is the "knowledge element" of a stolen property claim?


California, United States of America

Are expenses that are paid for by a corporation deductible when income flows through the corporation?


British Columbia, Canada

What is the test for the defense in a murder case?


California, United States of America

What is support for judgment of second degree murder rather than manslaughter?


California, United States of America

What is the test for determining whether a plaintiff has a disability?


MultiRegion, United States of America

What is the legal test for “residence” in a hotel?


British Columbia, Canada

What is reasonable notice of action for a 46-year-old employee who has been terminated as a result of a breach of discipline?


British Columbia, Canada

What is the procedure for extrajudicial foreclosure of a deed of trust?


MultiRegion, United States of America

How does section 654 of the California Code of Civil Procedure apply to a defendant who committed an act of violence against a person with intent and objective?


California, United States of America

What are the grounds for reversal of a conviction for attempted murder and its enhancement?


California, United States of America

What is the test for refusing to order surrender under section 44(1)(a) of the Criminal Code?


British Columbia, Canada

Can a defendant waive his right to self-incrimination at a hearing?


California, United States of America

Does the offence of "anal intercourse" after 1988 violate section 159 of the Charter?


British Columbia, Canada

When a police officer asks a minor to sit on the curb, without more than one step, does this constitute a detention?


California, United States of America

What is the difference between legislative standards and industry practice?


Ontario, Canada

What is the test for substituting an alternate juror for a deceased juror?


California, United States of America

When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it?


California, United States of America

Can a gas canister thrown through a window or door be considered an explosive?


California, United States of America

What is the ADP legislative scheme?


British Columbia, Canada

What is accord and satisfaction when an obligation is released by means of valuable consideration?


Alberta, Canada

Can a victim of an unlicensed contractor obtain a full refund of all compensation paid under the California Penal Code section 1202.4 of the Penal Code?


California, United States of America

What is the current state of the law with respect to the search of a vehicle in the curtilage of a private home?


California, United States of America

What is the test for reopening a case under Rule 60(b)(6)?


MultiRegion, United States of America

What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party?


California, United States of America

What is the standard for a pro forma investigation prior to trial for a capital murder case?


California, United States of America

Does the petitioner have a "calculated risk" in choosing not to attend the hearing of the matter on November 20, or otherwise be represented?


British Columbia, Canada

What is the test for error and prejudice on a claim that the US Department of Justice violated a plaintiff's right to due process?


MultiRegion, United States of America

What is the effect of Rule 10(8) of the BCRA on the admissibility of a set of estimates?


British Columbia, Canada

What is the test for determining whether there was malice in a jury's finding that there was no reasonable and probable cause?


Saskatchewan, Canada

What is the cumulative effect of multiple errors in the course of a criminal case?


MultiRegion, United States of America

What is the test for a reversal of a finding of guilty in a sexual assault case?


California, United States of America

What are the elements of a defamation claim?


California, United States of America

What is the test for habeas relief in civil cases?


MultiRegion, United States of America

Is a copyright holder entitled to sue the owner of an exclusive right under copyright?


MultiRegion, United States of America

What is the test for a probation search for a parolee?


California, United States of America

What is the current state of the law on "protected activities" in civil litigation?


MultiRegion, United States of America

What is the test for loss of future opportunity in a helicopter accident case?


British Columbia, Canada

In what circumstances will a court order a husband to pay his ex-wife's taxes for the purchase of expensive cars that he allegedly diverted from the sale of property to fund his lifestyle?


Ontario, Canada

Are there any cases where a child’s parents are not married?


Ontario, Canada

Does the Appeal Panel breach the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively?


Canada (Federal), Canada

When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act?


California, United States of America

What is the relevant case law for cancellation of arrears?


British Columbia, Canada

What is the test for establishing that privilege is a privilege?


"New York", United States of America

What are the options for a jury to acquit a defendant in a robbery case?


California, United States of America

What is the test for imputing income on behalf of a plaintiff in a personal injury case?


Ontario, Canada

Can a defendant be restrained in the courtroom while in the presence of the jury?


California, United States of America

What is the test for recovery for loss of income capacity?


British Columbia, Canada

What is the standard of proof required to prove that a defendant was armed with a firearm at the time of the crime?


California, United States of America

Is there any case law where a jury member at a jury trial was found unfit and biased because they shared a view that if a person had consumed alcohol they should not pick up a firearm?


California, United States of America

Is a prosecutor's plea to the jury to give justice to the victims improper?


California, United States of America

What is the quantum of costs awarded in a personal injury action?


Prince Edward Island, Canada

What is an instruction based on an instruction in a civil case?


California, United States of America

Is a mistake in instructions on a lesser included offense in a noncapital case subject to review?


California, United States of America

Is a grant of dismissal for failure to state a claim a de novo?


MultiRegion, United States of America

What is the ratio decidendi between a person in authority and a subjective test?


Alberta, Canada

Is there a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings?


California, United States of America

In what circumstances will a defendant be found guilty of second-degree murder for waving his pistol in the direction of an intruder?


California, United States of America

What is the test for striking a motion in a medical malpractice case?


British Columbia, Canada

What factors will be considered in assessing credibility by the Canadian Court of Appeal?


British Columbia, Canada

What are a beneficiary's rights to sue a trustee for breach of trust?


California, United States of America

Does the Attorney General have any authority to charge the jury on how to relate the evidence of that defense to the prosecution's general burden of proving guilt beyond a reasonable doubt?


California, United States of America

What is the test for admitting or excluding evidence in a sexual assault case?


California, United States of America

What are some of the discrepancies in the testimony of witnesses at the trial of a plaintiff in a civil case?


British Columbia, Canada

What is the statute of limitations for filing a motion to vacate an arbitration award?


MultiRegion, United States of America

Is confidentiality an obligation of a lawyer to keep confidential all communications between lawyers and clients confidential?


British Columbia, Canada

What is the test for determining the basis of an award in an employment tribunal case?


British Columbia, Canada

Can a shopkeeper who fatally shot a teenage girl who may or may have been an alleged shoplifter be found to have acted as a result of provocation?


California, United States of America

Does a plaintiff have to pay the costs of a jury trial?


Alberta, Canada

What is the definition of a class and what is the criteria for defining a class?


British Columbia, Canada

Is there a reversible error in a motion brought by defendant Santiago in a civil case?


MultiRegion, United States of America

Does MPAC have the onus to prove that the Marriott Hotel was omitted from the Assessment?


Ontario, Canada

Is a federal judge required to conduct a thorough pretrial examination of a defendant's waiver of counsel?


California, United States of America

How have courts reviewed a trial court's ruling on the hearsay nature of evidence in a sexual assault case?


California, United States of America

How does Rule 20 of the Rules of Civil Procedure apply?


Ontario, Canada

In a personal injury case, in what circumstances will the defense rely solely on the law of in limine ruling in the context of improper jury instruction?


California, United States of America

Can a parolee relitigate issues determined against him in other forums as in the situation presented when the revocation is based on conviction of another crime?


California, United States of America

What is the test for establishing that a transfer of property is a gift?


Saskatchewan, Canada

Can a plaintiff proceed on the basis that the allegations set out in the notice of civil claim are true?


British Columbia, Canada

Is there a waiver of Fifth Amendment privilege by the informant?


MultiRegion, United States of America

In what circumstances will a landlord be barred from bringing a claim for damages against the landlord?


California, United States of America

What is the meaning of a parent's "means" when it comes to income?


British Columbia, Canada

Is a burglary of a commercial or residential building a crime involving moral turpitude?


MultiRegion, United States of America

What is the effect of a change in circumstances in a child support case?


Ontario, Canada

What authority does the 9th Circuit have to overturn a decision of a federal district court?


MultiRegion, United States of America

Does the statute of limitations apply to fraudulent concealment of cause?


California, United States of America

Is a mistake of law a defense in a sexual assault case where the victim was not a minor?


California, United States of America

What are the characteristics of a "marital relationship"?


British Columbia, Canada

What is the test for appealing a sentence?


British Columbia, Canada

What is the best interests of the child when the child is in the best interest of the parent?


Ontario, Canada

What is the test for determining whether a child is entitled to child support?


California, United States of America

What is the test for accepting a criminal defendant's admission of a prior conviction?


California, United States of America

Can a judge reverse a finding made by the successful litigant after the trial judge had heard the finding?


MultiRegion, United States of America

Does a single witness have substantial evidence to support the findings of the trier of fact?


California, United States of America

What is the effect of failing to seek a timely review of a decision made by a referee?


California, United States of America

What is the test for a warrant to search for a suspect who is not armed?


California, United States of America

What is the effect of the trial judge's disapproval of how the police gathered evidence during the investigation?


Alberta, Canada

What is the test for success in a negligence action?


Ontario, Canada

What is the government's argument that the police had cause to stop a pickup truck because of a reasonable suspicion of gang activity?


MultiRegion, United States of America

What is the burden of proving a motion for a restraining order against the government?


MultiRegion, United States of America

What is the evidence used to convict defendant in a sexual assault case?


California, United States of America

What is the test for a conviction for possession of cocaine for sale while armed with a firearm?


California, United States of America

What is solicitor-client communication privilege?


Ontario, Canada

What is the proper procedure for a motion to dismiss for failure to comply with section 23 of the Corporations Act?


MultiRegion, United States of America

Can a criminal defendant waive his right to counsel and represent himself at trial?


California, United States of America

Can an appellate court interfere with a lower court’s findings of fact, absent palpable and overriding error?


Ontario, Canada

What is the test for substitute counsel in a personal injury action?


California, United States of America

Does a defendant have to oppose his sentence on appeal on the same grounds he now asserts on appeal?


California, United States of America

Is there any difference between s. 3 and 10 of the tortfeasors section of the s.10 of the S.16(2) of the common law common law?


Saskatchewan, Canada

What is the test for dismissing a complaint that fails to state a claim upon which relief may be granted?


MultiRegion, United States of America

Is a prosecutor required to monitor every material witness in a criminal case?


California, United States of America

Does a minor change in an instruction on presumption of fraud or presumption of undue influence need to be made?


California, United States of America

What is the test for rebutting the presumption of indefeasible title?


British Columbia, Canada

Is there a special relationship between a witness in a police investigation and the police department?


MultiRegion, United States of America

What authority does the court have to revoke an agreement where an agreement has been signed where the agreement was not revoked?


New Brunswick, Canada

What is the test for appeal against a search and seizure under the Fourth Amendment?


California, United States of America

Is a caveat in issue sufficient to constitute a building scheme?


Alberta, Canada

What are some cases in which a plaintiff’s claims in circumstances similar to this one have been dismissed?


British Columbia, Canada

What is the test for intent to defraud?


MultiRegion, United States of America

What is the total determinate term for a man convicted of assault with intent to murder under section 1385 of the Criminal Code?


California, United States of America

Is it unfair to the trial judge and the prosecution to allow defendant to appeal against the peremptory challenge?


California, United States of America

What is the test for making an application ex parte that should have been made with notice?


British Columbia, Canada

What is considered a "litigated issue" in a personal injury case?


federal, United States of America

Can a lawyer owe a duty of care to a non client?


Saskatchewan, Canada

What are the requirements of natural justice?


British Columbia, Canada

What is the test for intentional unemployment?


British Columbia, Canada

What is the test for making an anti-SLAPP award?


California, United States of America

What is the effect of section 656 of the Code of Civil Procedure on a motion for a new trial?


California, United States of America

What is the test for loss of opportunity to bid on a contract?


Alberta, Canada

Does an error by the trial court in making an order requiring disclosure of impeachment evidence be harmless?


California, United States of America

What is the appropriate way to plead negligent misrepresentation?


Ontario, Canada

What is the test for admitting or denying prior conduct in a criminal case?


California, United States of America

What steps can a child protection agency take to apprehend and take the child to safety without a warrant?


Manitoba, Canada

What is considered nondefamatory in a civil case?


California, United States of America

Does a defendant have to make an unequivocal assertion of self-representation before a criminal trial?


California, United States of America

In what circumstances will a Defendant be permitted to submit a Response to an RTA?


Ontario, Canada

Is evidence of a witness's fear of retaliation admissible?


California, United States of America

What is the test for determining whether a section of legislation was intended to be interpreted in context?


California, United States of America

What is the test for reasonable prosecution of a man accused of committing a murder in an attempt to perpetrate rape?


California, United States of America

Is domicile a factor in determining a person's citizenship?


Alberta, Canada

Is there any error to instruct the jury that there may be no appreciable space between the intent and the act of killing?


"New York", United States of America

Is membership of a military organization that from time to time commits inhuman acts against the civilian population sufficient to be excluded?


Canada (Federal), Canada

Does the exclusionary rule apply in cases involving identification testimony?


California, United States of America

Is a plaintiff entitled to compensation for future losses that he has shown are a real and substantial possibility?


British Columbia, Canada

What would be considered a policy of deliberate indifference in the context of civil rights cases?


MultiRegion, United States of America

What is the standard of review in the context of a motion by the Court of Appeal?


Newfoundland and Labrador, Canada

What is the test for determining whether there was oppression, pressure, or other vulnerability in the negotiation and execution of a marriage agreement?


British Columbia, Canada

What is the test for determining the sufficiency of evidence in a sexual assault case?


California, United States of America

What is the test for a claim under s. 22(2)(a) of the Federal Courts Act?


British Columbia, Canada

Can a motion to dismiss be dismissed on the basis of incorporation by reference?


MultiRegion, United States of America

Does a defendant have a constitutional duty to identify and identify a potential witness in advance of a trial?


MultiRegion, United States of America

What is the burden of proving testamentary capacity on the propounder of the will?


British Columbia, Canada

Is there any case law in which a debtor has been found to be in breach of the terms of a loan agreement?


MultiRegion, United States of America

What is the effect of the findings and determinations of the trial court on an allegation of sexual assault?


"New York", United States of America

Does a defendant have to plead guilty to a charge of making criminal threats against her sister?


California, United States of America

What is a material change for a child with special needs?


Nova Scotia, Canada

What is the current state of the law on hearsay?


California, United States of America

Can a jury award exemplary damages for malice in a libel action?


California, United States of America

What is the effect of redacted per diem rates in contracts?


New Brunswick, Canada

What is the legal test for setting aside an amount that is speculative or contingent on a party’s investment plans?


British Columbia, Canada

In what circumstances will an attorney have to produce time records in order to recover attorney fees?


California, United States of America

What is the impact of freedom of expression in the context of restrictions on the media reporting on matrimonial disputes?


Ontario, Canada

What is the state's interpretation of Section 363(1) of the California Statutory Code of Civil Procedure?


California, United States of America

What evidence supports the jury finding that movement was not incidental to the robbery?


California, United States of America

Is a defendant denied due process and equal protection by the trial court's failure to instruct sua sponte on the absence of flight?


California, United States of America

What is the test for corroborating an allegation of sexual assault?


California, United States of America

What is the test for a claim in a personal injury case?


California, United States of America

What is the test for obtaining an evidentiary hearing in a personal injury case?


MultiRegion, United States of America

What factors will be used to determine whether a tortfeasor is more at fault than a defendant who first commits a negligent act?


British Columbia, Canada

What is the test for determining whether a defendant has committed a sexual assault?


California, United States of America

What is the test for establishing a new standard of review in determining whether a trust has been properly established?


California, United States of America

What is the test for a party to be considered "aggrieved" in a personal injury action?


California, United States of America

Does the Court have jurisdiction to hear a claim brought by a former employee of the Federal Trade Commission against the Federal Reserve?


MultiRegion, United States of America