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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 current state of the law regarding searches of schoolchildren by school authorities?


California, United States of America

How have courts interpreted a motion to amend a statement of claim to include "waiver of tort" as a cause of action?


British Columbia, Canada

Does failing to raise a section 654 objection in the trial court waive the argument for purposes of appeal?


California, United States of America

What is the standard of care in medical malpractice cases?


British Columbia, Canada

Is evidence of a prior conviction admissible in a criminal case?


California, United States of America

What is the test for requiring a non-resident to appear before a judge in a civil action?


California, United States of America

What is the test in which a parent can access their child?


Ontario, Canada

What is the test for a police officer to justify an investigative stop or detention?


California, United States of America

In what circumstances will a federal district court refuse to conduct a hearing on a claim that a federal witness made false statements?


MultiRegion, United States of America

What is the burden of proving that a motion for a continuance has been abused or denied?


California, United States of America

Can an insured recover attorney fees incurred in securing his benefits under the insurance contract?


California, United States of America

Is a prevailing employer entitled to attorney's fees and costs if they defeat an employee's wage action?


California, United States of America

Does the word "equally" need to be bracketed?


California, United States of America

Can a prosecutor or the court comment directly or indirectly upon a defendant's failure to testify in his defense?


California, United States of America

What is the non-solicitation period for a terminated employee?


Ontario, Canada

Is a plaintiff entitled to punitive damages for publishing an offensive and libellous statement?


British Columbia, Canada

How does the substantial evidence standard apply to a finding of fact made by the Superior Court of Appeal in a restraining order case?


California, United States of America

What is the test for a lost years award?


Alberta, Canada

What is the test for establishing that a prosecution has established due diligence to locate an absent witness?


California, United States of America

What is the test for a judge to order pretrial detention?


MultiRegion, United States of America

In an argument that may well have been lifted from another case, what is the test for admitting "propensity evidence" in a sexual assault case?


California, United States of America

Is there a new fact that changes the original basis of the claim?


Ontario, Canada

What is the test for maintaining a claim of retaliation pursuant to the First Amendment?


MultiRegion, United States of America

Does the Court have jurisdiction over an appeal of a denial of Rule 41(e)?


MultiRegion, United States of America

What is the current state of the law in relation to the use of a Personal Injury Disclosure System (PCDS), or PCDS)?


British Columbia, Canada

Is the Crown required to call evidence on the voir dire first?


British Columbia, Canada

What is the test for dismissing an appeal on the grounds that defendant failed to file an affidavit of errors?


"New York", United States of America

How have courts interpreted jury instructions in civil cases?


California, United States of America

In what circumstances has the BC Supreme Court found that enforcement of a contract is not enforceable?


British Columbia, Canada

What is the legal standard for obtaining medical malpractice?


Alberta, Canada

What is the test for Rule 23(b)(3) predominance?


MultiRegion, United States of America

What is the test for a jury to convict a defendant of first-degree murder?


California, United States of America

What are the factors used by a court to determine an aggravated assault sentence?


California, United States of America

What is the test for habeas relief in the context of claims of instructional error?


MultiRegion, United States of America

What is the test for a habeas petition challenging a prison disciplinary action?


MultiRegion, United States of America

What is the test for a judge's bias in a family law case?


Ontario, Canada

Does the doctrine of qualified immunity protect a government official from liability for civil damages?


MultiRegion, United States of America

Can a defendant appeal against his conviction for assault after a jury deadlock?


California, United States of America

Does a court have any authority to modify a plea agreement that requires a defendant to complete a drug treatment program to avoid prison?


California, United States of America

What is the quantum of damages for future loss of capacity and cost of future care?


British Columbia, Canada

Does the balance of convenience favours jurisdiction where the independent evidence that will be of greatest assistance to the court is in another jurisdiction?


Ontario, Canada

What is the test for a proportionality challenge to a sentence under the Eighth Amendment?


California, United States of America

What is the test for second-degree murder?


California, United States of America

What is the test for preferability of a class action?


British Columbia, Canada

Is exclusion from jury service of a "substantial and identifiable class" class of citizens sufficient to cause an adverse effect on the integrity of the jury?


California, United States of America

What is the impact of having a non-judicial board of directors on decision-makers' conduct?


British Columbia, Canada

How have courts interpreted the "right to assistance of counsel and the correlative right to dispense with the lawyer's help"?


California, United States of America

What is the test for the use of a search warrant in a criminal case?


California, United States of America

In what circumstances will a judge strike an appeal notice?


British Columbia, Canada

What is the law society’s sentencing process for a lawyer who has been found guilty of a breach of the Law Society of BC's code of conduct?


British Columbia, Canada

What is the test for a person who is serving an indeterminate life sentence pursuant to the three strikes law?


California, United States of America

Is there an exception to the broad rule that the sentencing process should not consider false information in sentencing?


MultiRegion, United States of America

What is the test for whether a defendant's conduct amounts to obstruction of justice?


MultiRegion, United States of America

What is the test for damages for delay in processing applications for permanent residence?


Canada (Federal), Canada

What is the current state of the law on future care costs?


British Columbia, Canada

What constitutes a conspiracy to commit attempted murder?


California, United States of America

What is the standard of review for a decision by a provincial court to dismiss a claim before trial?


British Columbia, Canada

Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined?


British Columbia, Canada

What is the test for cross-examining a witness on irrelevant material?


California, United States of America

What is the test for a motion to grant a new trial based on newly discovered evidence?


MultiRegion, United States of America

Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal?


California, United States of America

What is the test for appeal against a federal district court order to arbitrate?


MultiRegion, United States of America

What is the appropriate sentence for dissuading a witness?


California, United States of America

In a motor vehicle accident where a bee flew into the vehicle, landed on the driver's stomach and he froze, can the driver be found to have been negligent?


British Columbia, Canada

What is the test for determining whether a public entity is liable for a dangerous condition of public property?


California, United States of America

What is the test for a motion for a mistrial?


California, United States of America

Can an informal settlement offer co-exist with a formal settlement offer?


British Columbia, Canada

How have the courts treated prior felony convictions on appeal?


California, United States of America

Can a person adopted in a jurisdiction not recognizing adoption claim the status of a “child” in a similar jurisdiction?


Saskatchewan, Canada

What is the effect of striking the entirety of the entire action?


Newfoundland and Labrador, Canada

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


California, United States of America

What is the test for a defendant who knowingly aids and abets criminal conduct?


California, United States of America

Does a defendant have a waiver of his right to a jury trial when he admitted to a charge of sexual assault?


California, United States of America

What is the procedure used to obtain a warrant or court order to obtain an unauthorised search warrant?


MultiRegion, United States of America

What is the scope of the closing arguments of a criminal trial?


MultiRegion, United States of America

Does putting out the fire by the accused and others negated the risk of fire?


Nova Scotia, Canada

Is a plaintiff in a personal injury action against an insurer when he is injured in a motor vehicle accident?


California, United States of America

Is a strata corporation responsible for managing the common property for the benefit of all owners?


British Columbia, Canada

Is a defendant denied a fair trial if the prosecution's case depends substantially upon the testimony of his or her accomplice?


California, United States of America

How have courts applied the "necessity" or "least drastic means" analysis to a prisoner's free exercise claim?


California, United States of America

What is the test for determining whether a reasonable person would be provoked to pulling out a gun and firing?


California, United States of America

Is exhaustion not required to review a disability benefit application?


MultiRegion, United States of America

When will a new injunction be considered?


British Columbia, Canada

When two or more people are in joint possession of a single item of personal property, can one person be convicted of robbery?


California, United States of America

Can a change of venue motion be successfully challenged by a defendant who waives a no contest plea?


California, United States of America

What is the basis for a husband seeking to introduce into evidence a birthday card sent by the wife to a friend shortly after the wife allegedly removed her children from Australia?


Ontario, Canada

Under what circumstances can a defendant be convicted and punished for each crime committed against a different victim?


California, United States of America

Does a police officer's false statement at a police station interview have any impact on whether a suspect was in custody for the purposes of the Miranda rule?


MultiRegion, United States of America

What is the current state of the law on waiver of counsel in a criminal case?


California, United States of America

What is the impact of video conferencing technology on the relationship between a parent and child?


Ontario, Canada

Does common sense apply to determine whether care is required even in the absence of medical evidence?


British Columbia, Canada

Can a defendant be separately prosecuted for an armed robbery and possession of a weapon used in that robbery?


California, United States of America

Are expenses incurred to avert or limit liability on a personal injury policy recoverable?


British Columbia, Canada

If a jury finds that a defendant killed while conscious, with malice, will return a verdict of murder in the second degree?


California, United States of America

What is the test for establishing a controlling interest in a mortgage?


MultiRegion, United States of America

What is the effect of section 780 of the California Code of Civil Procedure, section 780, allowing a judge to exercise discretion to exclude collateral evidence?


California, United States of America

What is the current state of the law on sovereign immunity?


MultiRegion, United States of America

What is the test for evidence of motive in a murder trial?


California, United States of America

What is the standard of review in a medical malpractice case?


Alberta, Canada

What is a private cause of action for treble damages?


California, United States of America

Does Rule 41 sanction the precise method of submitting the affidavit?


MultiRegion, United States of America

Is a plaintiff permitted to maintain an action to acquire an easement for the extension of a sewer line?


California, United States of America

Can a criminal defendant proceed pro se?


"New York", United States of America

Does the Attorney General have any grounds to argue that a murder was committed in the commission of a simple kidnapping?


California, United States of America

What is the test for an abuse of discretion?


California, United States of America

What is a bankruptcy court's subject matter jurisdiction over a civil proceeding arising from a bankruptcy?


federal, United States of America

Does the Court have jurisdiction to award sanctions against a defendant who was found guilty of a charge of recklessly driving while driving under the influence of alcohol?


California, United States of America

What is the test for a motion to review the entire record in a personal injury case?


California, United States of America

What is the current state of the law in Ontario on the issue of double jeopardy?


California, United States of America

Does a joint trial between appellant and Wilkins need to be consolidated?


California, United States of America

What is the burden of proving that a prosecutor's late disclosure was prejudicial?


California, United States of America

Does a plaintiff have the right to allege as a material fact in a pleading that a fraud is part of a larger system or scheme?


British Columbia, Canada

What is the current state of the law on appeal of a claim that has been denied whole?


MultiRegion, United States of America

What is the legal test for informing an individual that they are subject to a civil proceeding?


California, United States of America

Does a jury instruction misstate elements of the statutory crime?


MultiRegion, United States of America

Can a plaintiff's action be dismissed if they fail to attend the trial?


Ontario, Canada

What is the test for a prisoner to be held in solitary confinement?


MultiRegion, United States of America

What is the burden of proof to prove the issue of withdrawal?


California, United States of America

What factors will be considered when determining a penalty for failing to stop a pedestrian crossing?


British Columbia, Canada

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


California, United States of America

Is a pretrial arrangement for separate juries proper where the prosecution and the defense have mutual consent and court approval?


California, United States of America

What are the elements of the crime of extortion?


California, United States of America

What is the current state of the law in relation to the use of force by the police against the driver of an unmarked police vehicle?


MultiRegion, United States of America

What are the consequences of an application to amend a statement of claim against the Kwans?


British Columbia, Canada

When can parties who have agreed to settle their differences by arbitration under a collective agreement sue in tort?


Canada (Federal), Canada

Does a probation officer have the power to determine where and when a defendant must abide by a condition under a probation order?


MultiRegion, United States of America

What is the difference between hearsay and non-hearsay evidence under the state of mind exception?


California, United States of America

What are the consequences of a finding of frivolousness in a personal injury case?


MultiRegion, United States of America

What is the test for determining whether a driver is 50% responsible for a collision between two vehicles in a parking lot?


British Columbia, Canada

Does the term “proceeding” apply to the entire action?


Ontario, Canada

How have courts dealt with the issue of workplace drug use?


California, United States of America

How have courts interpreted statutory interpretation in the context of employment law?


California, United States of America

What is the effect of a court decision in a dental malpractice case?


Ontario, Canada

What are the implications of the Attorney General's claim to have remanded a defendant's firearm enhancements?


California, United States of America

What is the test for proper review by way of appeal?


Canada (Federal), Canada

What is the standard of appellate review of a motion to suppress?


California, United States of America

What is the impact of a constitutional examination under the examination provisions?


Canada (Federal), Canada

What is the test for a motion to sever in a murder case?


California, United States of America

Is there a new cause of action for wrongful death of a fetus?


California, United States of America

What is the test for admitting to a criminal offence?


California, United States of America

What is the test for a waiver of the right to appeal?


California, United States of America

What are the damages for damages for breach of contract?


British Columbia, Canada

What is the test for warrantless entry in a medical emergency?


"New York", United States of America

Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se?


MultiRegion, United States of America

Is an employer required to point out the strengths and weaknesses of an employment contract?


British Columbia, Canada

What is the effect of section 634 of the Code of Civil Procedure on objections to a finding?


California, United States of America

What is the burden of proving each element of the enhancement?


California, United States of America

How have courts used the presumption of abstention doctrine to withhold review of a pending petition?


MultiRegion, United States of America

What is the range of crime-bail-crime enhancements pursuant to section 1170.1 of the California Penal Code?


California, United States of America

What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt?


California, United States of America

How have courts dealt with the issue of literacy in Spanish?


California, United States of America

How do we review the dismissal of a juror after deliberations have begun?


MultiRegion, United States of America

In what circumstances will a committee of members of a committee succeed in vesting an application for a vesting order?


Saskatchewan, Canada

What is the current state of the law on the right of publicity for the use of a person's name, likeness or personality?


MultiRegion, United States of America

What is the test for general damages for non-pecuniary loss?


British Columbia, Canada

What is the legal test for calculating damages in a personal injury case?


British Columbia, Canada

What is the appropriate adult sentence for a 16 year old who was convicted of sexual assault on a 15 year old girl?


Ontario, Canada

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


British Columbia, Canada

What is the burden of proof at the penalty phase?


California, United States of America

When a demurrer is sustained without leave to amend, what is the test for amendment?


California, United States of America

What is the test for establishing there was a conspiracy?


MultiRegion, United States of America

What remedy does a defendant have if the prosecutor refuses to comply with the plea bargain?


California, United States of America

Can a petition for writ of mandate or prohibition be used to disqualify a judge?


California, United States of America

What is the effect of a judge's interpretation of the law on appeal?


Alberta, Canada

Is it appropriate and even a practice to permit the opposing party to call reply evidence in a personal injury case?


Ontario, Canada

Does a trial court properly admit evidence that a defendant owned guns not used in the murder case because it was relevant to premeditation?


California, United States of America

When will a court overturn a finding of not guilty of aggravated sexual assault?


California, United States of America

What is the test for reviewing a judgment dismissing a complaint after a demurrer has been granted?


California, United States of America

Is there any case law where a defendant has pleaded guilty to three separate robberies?


MultiRegion, United States of America

Is Head entitled to attorney fees and back pay?


California, United States of America

Is an interlocutory injunction a remedy that is both temporary and discretionary?


Alberta, Canada

How have the courts dealt with the issue of who is found to be a trustee or a fiduciary?


Ontario, Canada

Is there any new legal principle or change in the law regarding the onus of proof concerning possible future events?


British Columbia, Canada

Is a prospective juror who is unqualified for jury duty properly stricken for cause?


MultiRegion, United States of America

Does a plaintiff who is intoxicated and walking on the wrong side of the road get 100% responsibility for the resulting accident?


Nova Scotia, Canada

Can a motion to dismiss consider documents that are not physically attached to the pleading?


MultiRegion, United States of America

What is the test for a child support claim?


Saskatchewan, Canada

Does the definition of reasonable doubt given during jury selection constitute a jury instruction?


California, United States of America

Is it an error of law if an applicant suffers from multiple medical conditions at the same time as the main medical condition?


Canada (Federal), Canada

Is there any difference between due process under the California Constitution and the federal Constitution?


California, United States of America

When will the court order an order of costs in a personal injury case?


British Columbia, Canada

What is the test for imputing income from a spouse?


Nova Scotia, Canada

Can a plaintiff bring a claim for damages against an insurance company for fraud?


California, United States of America

What is the test for damages for malicious prosecution?


Ontario, Canada

What is the effect of the section 998 offer on a complaint and cross-complaint?


California, United States of America

What is the test for waiving his Miranda rights to deny that he was a driver?


California, United States of America

In assessing damages for lost earning capacity, does the court have to consider hypothetical events that need not be proven on a balance of probabilities?


British Columbia, Canada

What is the standard for medical indifference in the context of the Eighth Amendment?


MultiRegion, United States of America

In what circumstances will a court grant an extension of time to file documents to advance an appeal?


British Columbia, Canada

Is a police officer required to warn a defendant of their Miranda rights?


MultiRegion, United States of America

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


California, United States of America

Does misconduct by an attorney justify a new trial?


California, United States of America

Can a professional license be revoked on the basis of moral turpitude?


California, United States of America

What is the test for a race discrimination claim?


California, United States of America

How has the US Federal Bureau of Investigation assessed the credibility of an applicant's testimony at a hearing?


MultiRegion, United States of America

Is impecuniosity accepted as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury?


British Columbia, Canada

What is the test for tolling a habeas petition?


MultiRegion, United States of America

Is the term "unreasonable risk of danger to public safety" unconstitutionally vague?


California, United States of America

What is the test for striking out a collective agreement provision?


British Columbia, Canada

Does battery with injury or battery without injury satisfy the statutory definition of domestic violence?


California, United States of America