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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 meaning of the first paragraph of an order requiring disclosure of a plaintiff’s medical records?


British Columbia, Canada

What is the test for particularity in a medical malpractice case?


MultiRegion, United States of America

When a child maintenance obligation is based on imputed income, as a result of the calculation of income imputed on a spouse’s tax return, is this a determination of a fact that requires a more comprehensive analysis on a subsequent variation application?


Nova Scotia, Canada

Can a convicted person re-litigate the issues determined against him at the later civil hearing?


Alberta, Canada

Does a defendant have to remain silent about the crime at trial or at sentencing?


California, United States of America

In a search warrant application, what is the effect of a judge's finding on a police knock-notice?


California, United States of America

What is the purpose of an affidavit in defence of a claim?


Alberta, Canada

What is the defence of self-defence?


New Brunswick, Canada

What constitutes misconduct for a prosecutor to elicit or elicit inadmissible evidence in violation of a court order?


California, United States of America

When a class action has been certified and the individual plaintiff has been found to lack standing, does the individual have standing?


MultiRegion, United States of America

What is the test for a shareholder to bring a claim for breach of fiduciary duty against a corporation?


MultiRegion, United States of America

What is the effect of independent review on the voluntariness of a confession?


California, United States of America

What is the test for establishing an agreement to distribute PCP?


MultiRegion, United States of America

Does section 28, subdivision (c) of the California Constitution, give rise to a right of action for damages?


California, United States of America

Can a juror be excused from a jury in a criminal case for failing to attend the trial?


California, United States of America

Is there any case law or precedent for a finding that a prior-confirmation discriminatory action is discriminatory?


MultiRegion, United States of America

What are compelling reasons to allow the petitioner only party/party costs for this assessment?


British Columbia, Canada

What is the test for an aider and abettor to be liable for an attempted robbery?


California, United States of America

What factors will the court consider in determining whether an award of damages is warranted?


Manitoba, Canada

Does the Attorney General oppose a late notice of appeal?


California, United States of America

What are the legal tests for determining whether a third party has a duty to exercise ordinary care not to injure another person?


California, United States of America

Does the "due process of law" clause in the US Constitution apply to the equal protection of the laws?


"New York", United States of America

What is the test for applying the abuse of the abuse standard?


California, United States of America

Does the jury get an idea of the place that was burgled from the prosecutor's closing argument?


California, United States of America

What is the effect of a delay in granting review?


California, United States of America

What is the test for determining whether a plaintiff is entitled to a reduction in his retirement income as a result of the loss of a portion of his disability benefits?


British Columbia, Canada

What is the burden of release upon a promise to appear?


California, United States of America

What is the current state of the law on travel for children under the age of 16 in Canada?


British Columbia, Canada

What is the difference between prosecutorial before and after the filing of a criminal charge?


California, United States of America

What is the effect of a judgment in favour of the injured person against a county's statutory right of action?


California, United States of America

Is a prosecutor or witness not to comment on a defendant's invocation of his Miranda rights?


California, United States of America

What is the test for awarding punitive damages?


British Columbia, Canada

What is the legal test for a search warrantless seizure?


California, United States of America

What is the current state of the law on credibility of witnesses?


Ontario, Canada

Can a court of appeals overturn a finding that a magistrate judge's finding was wrong?


MultiRegion, United States of America

What are the objective factors used by the Court to determine whether a corporation has an intention to profit?


Canada (Federal), Canada

Can a frivolous claim be dismissed before the issuance of a summons?


MultiRegion, United States of America

What is the test of competence for the appointment of a trustee or guardian?


Alberta, Canada

Does Section 654, subdivision (a) of the Criminal Code of California apply to a lesser punishment for an act or omission that is punishable by a different section of the law?


California, United States of America

Does counsel render ineffective assistance by not requesting the instructions in an involuntary manslaughter case?


California, United States of America

What is the test for determining whether a plaintiff has a mental impairment?


Ontario, Canada

Can a woman who emigrated to Canada from England be considered to be "ordinarily resident" in England at the same time?


Saskatchewan, Canada

What is the test for a motion for a new trial based upon jury misconduct?


California, United States of America

What is the legal test for determining whether Section 6 of the California Civil Code is unconstitutional?


California, United States of America

What is the limitation period for an application to the Court of Appeal against a Minister's decision that exceeds his jurisdiction?


Nova Scotia, Canada

Is there a duty of care under the Anns test under which a public authority is bound by its own financial considerations?


British Columbia, Canada

What is the test for misconduct in a criminal case where a prosecutor compared reasonable doubt to everyday decision making?


MultiRegion, United States of America

In what circumstances will a jury interpret or interpret a prosecutor's comment about self-defense?


California, United States of America

What is the effect of the trial judge's failure to fully state and consistently apply the appropriate comparator group?


Canada (Federal), Canada

What is the effect of off-setting claims on a garnishing order?


British Columbia, Canada

Is there a case where a defendant called a phone-in show defamatory comments during the broadcast of the show entitled to sue the broadcaster?


Ontario, Canada

What constitutes a joint family venture in the context of an unjust enrichment claim?


Ontario, Canada

Does a public employee have a vested contractual right to stay in a civil service position?


California, United States of America

What is the test for an infant who is incapable of making admissions?


Saskatchewan, Canada

Does a witness have to be fully cross-examined in a jury trial?


MultiRegion, United States of America

What is the burden on a complainant to establish their case under s. 27(1)(c)?


British Columbia, Canada

What is the test for a motion to strike or tax costs in a personal injury case?


California, United States of America

What is the test for a defendant seeking to challenge the legal sufficiency of the evidence in the trial court after the case has been submitted to the jury?


California, United States of America

What is the test for dismissing a motion by a federal district court on res judicata grounds?


MultiRegion, United States of America

Can a dentist who wants to express his opinion at trial?


Nova Scotia, Canada

Can a federal district court order disclosure of non-exempt, segregable portions of otherwise exempt documents?


MultiRegion, United States of America

What is the test for reasonable suspicion of illegal immigration?


MultiRegion, United States of America

What is the test for the elements of involuntary manslaughter?


California, United States of America

What is the impact of improper comments made by a prosecutor in his closing rebuttal to a jury trial?


MultiRegion, United States of America

Does a federal district court's decision regarding a Franks hearing de novo apply to a search warrant?


MultiRegion, United States of America

Is a covenant to maintain an open, unassuming garden "in an open state, uncovered with any buildings"?


Alberta, Canada

What is the test for determining whether a state court's interpretation of a federal habeas ruling is contrary to or unreasonable?


MultiRegion, United States of America

Can a plaintiff bring an action under Rule 15(1) pursuant to Rule 15-1(6)?


British Columbia, Canada

Does the Vautier Rule apply?


British Columbia, Canada

To advise the accused of failing to supply compellable information, is a statement made out of fear, prejudice or hope of advantage?


British Columbia, Canada

How does the Court of Appeal review decisions of the administrative and trial courts?


California, United States of America

What is the test for express malice in a murder case?


California, United States of America

What is the test for a restitution order in a sexual assault case?


California, United States of America

Under what circumstances will provocation reduce a man's first degree murder to second degree murder?


California, United States of America

Is a defendant entitled to credit for his period of confinement under section 4019 of the California Penal Code?


California, United States of America

Can a decision of the Superintendent regarding the prohibition of a licence be set aside?


British Columbia, Canada

On what grounds can a judge exclude or limit or exclude rebuttal victim impact evidence from a defence on the grounds of abuse of discretion?


California, United States of America

What is the test for admitting evidence of abuse of discretion in a civil case where a declarant admitted making a false and misleading statement to a jury?


California, United States of America

Can an attorney who has a contingent fee agreement assume not receiving their fees if there is no recovery?


California, United States of America

What is the test for a judge to render judgment in personam?


MultiRegion, United States of America

Can a partner or associate lawyer swear an affidavit in support of a motion?


Ontario, Canada

What is the impact of having a child separated from his biological parent?


Manitoba, Canada

What is the burden on a prosecutor to provide a non-discriminatory reason for exercising a peremptory challenge?


California, United States of America

Is a defendant convicted of driving under the influence of alcohol (DUI) and driving while having 0.08 percent or more alcohol in his blood?


California, United States of America

Can a plaintiff sue a producer who has complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax?


California, United States of America

Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion?


California, United States of America

Is a temporary order enforceable at trial?


Ontario, Canada

What is a waiver of a right or privilege?


MultiRegion, United States of America

How is provocation determined in a sexual assault case?


California, United States of America

Does a defendant's request to represent himself at a jury trial need to be considered to have been considered prior to trial?


California, United States of America

What happened during the day of the merits hearing?


Ontario, Canada

What is the test for an application for an extension of time?


Canada (Federal), Canada

What is the effect of a spouse's gift from one spouse to the other spouse of a jointly designated beneficiary of an exempt amount?


Alberta, Canada

Can a state prisoner be released on bail pending resolution of his habeas petition?


MultiRegion, United States of America

What is a trial court's duty to instruct a defendant on a defense of accident or mistake?


California, United States of America

In what circumstances will a summary application be set aside?


Saskatchewan, Canada

Is admitting to a criminal conviction prejudicial?


California, United States of America

Does the testimony of an off-duty police officer who observed that appellant was maneuvering with his feet that he was trying to conceal the contraband, or is it imprecise and ambiguous?


California, United States of America

Is a defendant required to carry out a "considerable burden" to convince the Court that his sentence was disproportionate to his own culpability?


California, United States of America

What is the meaning of the word amendment in the California Constitution?


California, United States of America

What is the role of a defence counsel in sentencing a defendant in a motor vehicle accident case when there are alternatives?


California, United States of America

What is the effect of speaking with the police?


Ontario, Canada

Can a municipality without a by-law prevent a town from making improvements to its roads?


Manitoba, Canada

What is the common law common law cause of action in a motor vehicle accident case?


Manitoba, Canada

Can a commercial host be held liable for failing to prevent a customer from taking a positive action?


Alberta, Canada

What is reasonable notice period for a senior civil servant?


British Columbia, Canada

Does the adjustment of the purchase price to account for mortgage payments that remain on title have been recognized judicially?


British Columbia, Canada

Does a motion to dismiss under local rule have to be opposed by a pro se litigant?


MultiRegion, United States of America

What is the impact of punitive damage against a plaintiff in a motor vehicle accident?


California, United States of America

What is the legal test for discipline of an attorney who commits acts of moral turpitude or other professional misconduct?


California, United States of America

What is the legal test for "knowing possession" of information that is not disclosed to the public?


MultiRegion, United States of America

What is the burden of proof for a defendant who claims that a search pursuant to a warrant went beyond the scope of the warrant?


California, United States of America

What is the actual custody credit for a defendant who has been sentenced for a violent crime?


California, United States of America

What is the test for obtaining consent to commit aggravated lewd conduct against a minor?


California, United States of America

Does the 9th Circuit have jurisdiction to hear an appeal from the denial of qualified immunity?


MultiRegion, United States of America

Can an amended complaint filed after the statute of limitations be deemed as of the date of the original complaint?


California, United States of America

Is a full resentencing necessary when a part of a sentence is stricken on review?


California, United States of America

What is the current state of the law on penalty and punishment in a criminal case?


California, United States of America

Is there a breach of fiduciary duty in calculating disability benefits under a pre-set formula?


MultiRegion, United States of America

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


California, United States of America

Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights?


Ontario, Canada

Does the Court have inherent jurisdiction to order lawyers’ accounts to be assessed under the Solicitors Act?


Ontario, Canada

What is the inconsistent use test for adverse possession of land owned by a municipality?


Ontario, Canada

Is a motor vehicle driver required to stop and render aid to a pedestrian injured in a collision?


California, United States of America

What is the nature of a dividend?


Canada (Federal), Canada

What is the test for a claim of ineffective assistance of counsel on appeal?


MultiRegion, United States of America

In what circumstances will a defendant be able to bring a motion alleging that an officer lied about the basis for their arrest?


California, United States of America

What is the proper procedure for bringing a request for judicial notice before the court?


California, United States of America

When is non-conscriptive evidence excluded under section 24(2) of the Charter?


British Columbia, Canada

What is the test for a plaintiff who has not pursued a course of medical treatment recommended to him by his doctor?


British Columbia, Canada

What are the legal requirements for negligent misrepresentation?


Ontario, Canada

Can a dismissal be dismissed for just cause if it violates human rights standards?


British Columbia, Canada

Is relief justifiable where there is a complete disappearance of a plaintiff's attorney?


MultiRegion, United States of America

Does a defendant have a right to obtain funds for ancillary services?


California, United States of America

What is the test for establishing a prima facie case for making a book-making offence?


"New York", United States of America

What is the test for informed consent in medical malpractice cases?


California, United States of America

How have the courts treated a finding of good cause for a plaintiff who resigned from his job without good cause to return to his former occupation as a seaman?


California, United States of America

Can the statute of primary elections be sustained?


"New York", United States of America

What is the test for an accounting in a personal injury case?


California, United States of America

Is a plaintiff entitled to provide evidence to support his claim?


MultiRegion, United States of America

What is a marriage-like relationship?


British Columbia, Canada

Is a promissory note that is not a banknote?


Saskatchewan, Canada

Are discrete sets of allegations, separated in time, part of a continuing contravention of the Rules of Civil Procedure?


British Columbia, Canada

What is the test for interpretation of 5.1(1)(c) of the BC Workers’ Compensation Act?


British Columbia, Canada

What is the current state of the law on freedom of speech in the context of a civil rights case?


California, United States of America

Does a person who has not written a letter of intent to convey land as a trustee have the right to claim it as his own?


Saskatchewan, Canada

Can a police officer make an arrest for a criminal charge without a warrant?


California, United States of America

Does plaintiff have to prove that a second appeal would have resulted in a reversal?


California, United States of America

What is the value of a capital loss carry forward in the calculation of assets under the Family Property Act?


Manitoba, Canada

What is the test for accessing a patient's medical records?


California, United States of America

What is the test for finding that a defendant made a false statement to a plaintiff?


British Columbia, Canada

Does a defendant have a right to be present in court when the verdict is rendered?


MultiRegion, United States of America

Is hearsay evidence admissible to support an expert's opinion?


British Columbia, Canada

What is the test for a jury to convict a defendant of attempted voluntary manslaughter?


California, United States of America

What is the difference between moral claims and moral claims?


British Columbia, Canada

Is a district attorney immune from prosecution if a press release by the district attorney gives him immunity under the facts?


California, United States of America

What is the effect of the "essence" test in federal courts?


California, United States of America

Does Section 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding?


California, United States of America

Does a judge have abused his position by refusing to hold an evidentiary hearing on a claim of sexual assault?


MultiRegion, United States of America

What is the test for unanimity in a criminal case where the evidence supports more than one charged offence?


California, United States of America

What are the consequences of a defendant's unlawful possession of an assault weapon?


California, United States of America

What is the test for a restraining order to evict a person from their home?


California, United States of America

What is the legal test for a motion to stay an action brought by investors in a medical malpractice case brought by defendants in an arbitration proceeding?


California, United States of America

What is the test for calculating the damages of a plaintiff in a motor vehicle accident?


Saskatchewan, Canada

What is the test for limiting instruction in a criminal case where a defendant is accused of committing a crime by singing a song in a car park?


California, United States of America

What are the elements necessary to establish title by adverse possession?


California, United States of America

Does the favorable termination rule apply to a civil rights claim?


MultiRegion, United States of America

Is a defendant entitled to know the full extent of his sentence if he waives a jury trial in a plea bargain?


California, United States of America

In what circumstances will a plaintiff have to disprove negligence in a motor vehicle accident claim?


British Columbia, Canada

Can a defendant plead guilty in return for a reduced sentence?


California, United States of America

Is a finding of probable cause reviewable de novo?


MultiRegion, United States of America

Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent?


British Columbia, Canada

In what circumstances will a plaintiff common law wife who lived together for nine years, and lived beyond her means, receive retroactive spousal maintenance and interest in the pension of her common law husband?


British Columbia, Canada

What is the current state of the law in relation to Rule 32 of the Criminal Code?


MultiRegion, United States of America

What is the government's position on exclusive arbitral jurisdiction?


Nova Scotia, Canada

What is the test for admissibility of evidence in personal injury cases?


California, United States of America

What is the current state of the law on involuntary manslaughter?


California, United States of America

What is the test for denying Social Security benefits for an elderly man, who was denied benefits because of his age?


MultiRegion, United States of America

What is the scope of the court's authority under s. 94 of the BC S. 94(1) of the Motor Vehicles Act?


British Columbia, Canada

What is the test for ineffective assistance of counsel?


California, United States of America

Is there any difference between the construction and interpretation of mixed fact and law in determining the existence of an oral contract?


Newfoundland and Labrador, Canada

What is the standard of care in the real estate professional context?


British Columbia, Canada

What are the elements of a civil conspiracy claim?


MultiRegion, United States of America

Is there a denial of due process if respondent was not advised he owed interest on the unpaid child support?


California, United States of America

Is there any head of damage between two separate accidents?


British Columbia, Canada

What is the procedure for responding to a claim in a personal injury action?


Ontario, Canada

What is the standard of conduct of counsel in a personal injury case?


California, United States of America

Can an expert be cross-examined as to a defendant's out-of-court statements?


California, United States of America

Does the Attorney General's claim that he is immune from prosecution if he is found guilty of a breach of the Official Duty privilege?


California, United States of America

What is the test for making a special costs award?


British Columbia, Canada

What is the current state of the law on the issue of costs in family law cases?


Ontario, Canada

Is there a double jeopardy clause in the Fifth Amendment?


MultiRegion, United States of America

What is the effect of ineffectual counsel on a motion for writ of habeas corpus?


California, United States of America

What is the test for determining whether a party can proceed with an application?


Nova Scotia, Canada

What is the standard of review applicable in a judicial review of a visa officer's decision?


Canada (Federal), Canada

What are the reasons given by the Court of Appeal for the immobilizer immobilizer?


British Columbia, Canada

Does the Fifth Amendment privilege apply to a defendant in a civil trial?


MultiRegion, United States of America

Does the Attorney General object to our taking judicial notice of the court records to which defendant refers?


California, United States of America

Does a plan of operation need to be approved?


MultiRegion, United States of America

What is the standard of review of the sufficiency of evidence in a sexual assault case?


California, United States of America