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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 discharge of a surety in a personal injury case?


Ontario, Canada

In a Title VII discrimination case, how is the burden of presenting proof determined?


MultiRegion, United States of America

Can a litigant who successfully challenges the determination of an administrative agency to recover attorney fees?


California, United States of America

Does a defendant have to be impeached for a previous conviction for burglary?


California, United States of America

What is the condition for a judge to find a person to be a member of a street gang?


California, United States of America

What criteria are relevant to a variation application?


Saskatchewan, Canada

Does section 206 of the California Constitution restrict the service of a juror resident in an outlying district to that district?


California, United States of America

Does the trial court err in failing to instruct the jury that provocation was not sufficient to constitute a voluntary manslaughter?


California, United States of America

What is relevant evidence in a sexual assault case?


California, United States of America

What is the effect of a stay on counts one and three on sexual assault charges?


British Columbia, Canada

Is incompetent advice a breach of fiduciary duty?


British Columbia, Canada

Does the sentence imposed by the Court of Appeal exceed the statutory maximum term of supervised release?


MultiRegion, United States of America

In what circumstances will a jury be discharged from a trial for failing to reach a verdict?


California, United States of America

What is the test for striking a strike on a conviction for violent crime?


California, United States of America

Can a defendant be deprived of effective assistance of counsel if he and his counsel are embroiled in irreconcilable conflict?


MultiRegion, United States of America

Is a court of competent jurisdiction under s.24(1) of the Charter?


Ontario, Canada

What are the consequences of a motion to disqualify a plaintiff from a long-term disability?


California, United States of America

What is the test for producing documents containing confidential and commercially confidential information?


British Columbia, Canada

What is the test for instructing a jury on a lesser included crime?


California, United States of America

Does requiring a defendant to wear jail clothing impair the presumption of innocence?


California, United States of America

What are the consequences of a failure to impose facilities assessment and court security fees on appeal?


California, United States of America

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


MultiRegion, United States of America

Does bad faith and intent need to be considered as an element of a showing of fraud under section 523(a)(2)(A)?


MultiRegion, United States of America

What is the test for representing a representative in a class action?


Ontario, Canada

What is the test for establishing that there are six separate conspiracies?


MultiRegion, United States of America

Is it a violation of the Sixth Amendment if a non-testifying codefendant's statement is admitted at their joint trial?


"New York", United States of America

What is a latent defect in a dryer vent?


British Columbia, Canada

Is a defendant permitted to be charged and convicted lawfully of both aiding and abetting and being accessory after the fact?


MultiRegion, United States of America

What is the role of the executive in the process of extradition?


Ontario, Canada

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


California, United States of America

Can Section 654 of the California Criminal Code apply to an act or omission that is punishable by different ways by different provisions of law?


California, United States of America

Does the presumption of sexual assault apply to a plaintiff who failed to instruct the court regarding the on-the-person exception?


MultiRegion, United States of America

Can a motion for temporary spousal support be dismissed?


Ontario, Canada

What is the test for damages for unjust enrichment?


Ontario, Canada

Is a party wrong to claim that they waived attorney-client privilege by agreeing to an in camera review, and not producing a privilege log?


California, United States of America

Can a notice of motion for a new trial be signed by an attorney not of record?


California, United States of America

Can a fugitive be extradited to Canada and subject to Charter scrutiny?


Alberta, Canada

What are the purposes of the federal Civil Rights Act?


California, United States of America

How has the trial judge considered the totality of evidence at trial for impaired driving?


Ontario, Canada

Can a decision-maker delay the effective date of an adverse decision in an administrative proceeding to facilitate a judicial review?


Canada (Federal), Canada

Is a party who is not represented by counsel entitled to special costs?


British Columbia, Canada

What is the test for reviewing an award of attorney fees at the Court of Appeal?


California, United States of America

What is the appropriate standard of review in an application for judicial review?


Canada (Federal), Canada

What is the test for meeting the California Court of Appeal's "reasonable diligence" requirements for a motor vehicle accident claim?


California, United States of America

What is the burden of denying a defendant counsel at the preliminary examination?


MultiRegion, United States of America

What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing?


MultiRegion, United States of America

Does post-incident drug abuse interfere with recovery?


British Columbia, Canada

What is the test for a "reasonably contemplated" action?


British Columbia, Canada

Does a statement made by a defendant that the money was hidden in the back of the livery be suppressed if there was probable cause for arrest?


MultiRegion, United States of America

What is the test for a motion to set aside and vacate a judgment?


California, United States of America

Is a domestic violence victim unreliable or unreliable witness?


California, United States of America

In what circumstances will a psychotherapist be immunized from liability for disclosing information about a patient in a judicial proceeding?


California, United States of America

What remedies are available to a plaintiff upon a finding of unjust enrichment?


British Columbia, Canada

What is the test for determining whether an administrative order is "final"?


MultiRegion, United States of America

What is the test for resentencing on a second degree burglary charge?


California, United States of America

What is the test for a defendant's right to stand trial by jury?


"New York", United States of America

Does the federal estate tax need to be enforced by the states?


California, United States of America

What is the effect of the length of the time allocated to the application's application hearing?


Canada (Federal), Canada

What is the test to sustain a conviction for conspiracy to possess with intent to distribute narcotics?


MultiRegion, United States of America

What is the test for non-pecuniary damages in a motor vehicle accident case?


British Columbia, Canada

What is the test for appellate court jurisdiction to hear a challenge to a judgment or order that is not included in the notice of appeal?


California, United States of America

What is the test under section 352 of the Criminal Code of Ontario to assess the probative value of evidence?


California, United States of America

What is the test for an amended complaint alleging conversion?


California, United States of America

What is the standard of review for overturning a conviction for involuntary manslaughter?


California, United States of America

What is the test for objectionable comments in a criminal case?


California, United States of America

What is the test for a plaintiff to bring a claim under section 1983 of the Federal Civil Rights Act?


MultiRegion, United States of America

What is the burden of proving exhaustion?


MultiRegion, United States of America

What is a plaintiff’s right to seek damages for expenses incurred before trial?


British Columbia, Canada

What is the test for a defendant to use excessive force in a sexual assault case?


California, United States of America

What is the test for making a claim against an assessor in a personal injury case?


California, United States of America

Is it appropriate for a law firm to have more than one lawyer manage litigation like this?


Ontario, Canada

What is the test for a report to be considered to be in the best interests of the child?


British Columbia, Canada

What is the effect of registry law on a plaintiff's claim?


Ontario, Canada

What is the test for determining what is in a child’s best interests?


Ontario, Canada

What is the test for determining whether a city's general policy with respect to snow and ice removal was a reasonable one?


Ontario, Canada

What is the effect of a hayrick on a neighbour's property?


British Columbia, Canada

When considering a patient's medical history, is it possible for the medical malpractice review to consider a single file?


British Columbia, Canada

Can a defendant produce her cellular phone records to prove conclusively that she was not speaking on her phone at the time of the accident?


British Columbia, Canada

When two opposing parties have the same motive to discredit the same witness at the same time, is the former testimony admissible?


California, United States of America

What is the standard of review for appeal against a general demurrer?


California, United States of America

How have courts dealt with the issue of negligent maintenance?


California, United States of America

Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?


California, United States of America

Can a defendant be punished for each criminal offence under section 654 of the California Criminal Code?


California, United States of America

Is there a presumption in favour of the Guidelines amount?


British Columbia, Canada

What is the test for discharging a jury in a sexual assault case?


California, United States of America

Is there a right to communicate confidentially with counsel?


MultiRegion, United States of America

What is the test for an insurer to establish a reserve fund to settle a claim against its insured?


California, United States of America

Is there substantial evidence that robbery was more than "incidental" to the murder?


California, United States of America

What is the test for establishing a valid and binding contract?


"New York", United States of America

What is the test for classifying a crime as a sexual assault?


California, United States of America

What is the effect of bias or appearance bias on a different trial court judge?


California, United States of America

Is specific performance a presumptive remedy for the purchase and sale of real estate?


British Columbia, Canada

Can a prosecutor comment that no explanation has been given to the accused's denial of the crime scene?


California, United States of America

Does the “ultimate issue rule” apply to expert opinion evidence?


Ontario, Canada

Is a police officer required to give a suspect a Miranda warning during a custodial interrogation?


MultiRegion, United States of America

Can a federal habeas court review a claim under the Anti-Doping Agency's deferential standard?


MultiRegion, United States of America

What is the test under which a plaintiff must prove that a further independent medical examination is necessary?


British Columbia, Canada

How have the courts in India dealt with the issue of judicial review in the context of the BCCA?


British Columbia, Canada

What is the burden of proving a parent's income?


Ontario, Canada

What is the effect of a motion to suppress a special circumstance allegation?


California, United States of America

What is the burden of proof for the prosecution in a dangerous driving case involving an accused who testifies on his own behalf?


Ontario, Canada

What is the test for the establishment of a constructive trust?


British Columbia, Canada

What is the test for a proposed instruction in a motion where the question to be resolved is whether other instructions adequately covered the defense theory of the case?


MultiRegion, United States of America

Is a defendant entitled to a full adversarial hearing on the issue of his competence to stand trial?


California, United States of America

What is the test for dismissing an indictment on the grounds of outrageous government conduct?


MultiRegion, United States of America

Is a lease for petroleum and natural gas a lease?


Alberta, Canada

What is the executor's responsibility for legal fees?


British Columbia, Canada

What is the quantum of damages for loss of enjoyment of life, loss of lifestyle, and loss of access?


British Columbia, Canada

Is there any case law where a plaintiff’s medical records have been produced to support the argument that the evidentiary record is insufficient?


British Columbia, Canada

Can a bankruptcy judge overturn a district court's finding that a debtor's debt is not dischargeable?


MultiRegion, United States of America

What is the test for determining whether an act of contempt of court is judicial in nature?


MultiRegion, United States of America

What is the evidentiary test for a reference under the Firearms Act?


Ontario, Canada

What is the standard of review for a decision under section 1094.5 of the California Civil Code?


California, United States of America

What is the constitutional rule relating to announcement and entry?


MultiRegion, United States of America

Is the state liable to pay interest on a claim for damages brought by a plaintiff against the state?


"New York", United States of America

What is the current state of the law on the Miranda warning and waiver?


California, United States of America

What is the test for determining the rights and duties of the parties in an action for declaratory relief?


California, United States of America

How to determine the mental element of a crime?


California, United States of America

How have the courts treated a motion to exclude an arsonist's prior arson conviction?


California, United States of America

What is the test for making a criminal threat?


California, United States of America

How have courts interpreted the meaning of "violence" in section 237 of the California Penal Code?


California, United States of America

If there was a marriage for the purposes of immigration, is it collusive or a sham marriage?


Alberta, Canada

Does the rule of leniency apply to a defendant who has been found guilty of contempt of court in a civil case?


MultiRegion, United States of America

What is the effect of the rule that sales of similar properties are not receivable into evidence?


California, United States of America

What is the current state of the law on unjust retention of benefits?


British Columbia, Canada

Can an arbitrator appeal an award made under a crop insurance policy?


British Columbia, Canada

Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity?


California, United States of America

What is the test for a "balanced" and "independent" information notice?


British Columbia, Canada

Does a defense counsel's instruction under the natural and probable consequences doctrine apply to the prosecution?


California, United States of America

What are the applicable principles on a motion for exclusion order on the basis of alleged intimidation?


Ontario, Canada

Is a hit-and-run a criminal offence?


California, United States of America

What is the test for dissuading a witness and robbery?


California, United States of America

Is there any case law in which a defendant has been found to be in breach of a fiduciary obligation?


"New York", United States of America

What is the duty of a driver to avoid collision with a pedestrian?


British Columbia, Canada

When will the court order a warrant for nighttime service of a search warrant?


California, United States of America

What is the test for a variation of maintenance order?


British Columbia, Canada

What is the test for determining which of the accounts is more credible?


Ontario, Canada

Is a defendant's claim forfeited because he did not object at trial to the introduction of a victim's testimony?


California, United States of America

What is the test for a claim of prosecutorial misconduct?


California, United States of America

Does the limitation period under the RPLA apply to the properties of Pellatt?


Ontario, Canada

Can a jury consider racial epithets at the penalty phase of a murder trial?


California, United States of America

What is the "golden rule" of interpretation?


British Columbia, Canada

What is the effect of a strict adherence to the Forms?


British Columbia, Canada

Is a penal statute or regulation void for vagueness?


MultiRegion, United States of America

What is the relevant case law in the context of an appeal?


California, United States of America

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 dismissing an application to dismiss before hearing an appeal?


Northwest Territories, Canada

Is the Attorney General's argument that prejudicial effect of the news coverage of the crime committed by the crime was largely dissipated by the time of trial?


California, United States of America

What is the test for an affidavit supporting a search warrant containing a generally described description of a robber?


MultiRegion, United States of America

Does a district court have authority to revoke probation when the conditions of probation have been violated?


MultiRegion, United States of America

Does the Owner of a Strata Plan need to provide documentation in order to proceed with the application?


British Columbia, Canada

What is the test for damages in a personal injury action brought against Purolator?


California, United States of America

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


California, United States of America

What is the effect of Respondent's order allowing discovery over a claim of privilege?


California, United States of America

Is a convicted murderer serving a life sentence for second degree murder eligible for resentencing based on two prior robbery convictions?


California, United States of America

What are the limits on the use of documents obtained on discovery?


Ontario, Canada

What is the test for a jury to convict a hit and run driver based on circumstantial evidence?


California, United States of America

Does a mistake of identity in issuing an arrest warrant invalidate a search warrant?


California, United States of America

When an individual commits an assault in violation of section 245 of the California Code of Civil Procedure, can he be convicted of both aggravated assault and simple battery?


California, United States of America

What is the common law "right" of a state to protect its own interests?


California, United States of America

Does a beneficiary have standing to challenge the merits of a trust amendment?


California, United States of America

What is the legal basis for an attorney fee award?


California, United States of America

Does a writ of prohibition need to be issued?


California, United States of America

What is the test for whether a defendant has intent to commit an act of violence?


MultiRegion, United States of America

What is the test for abuse of process in the context of a fraudulent conveyance action?


California, United States of America

Does defendant have the ability to pay the court-ordered fines?


California, United States of America

What is the test for a stale warrant?


MultiRegion, United States of America

What is the test for alleging a violation of due process in a civil case?


California, United States of America

What is the test for establishing that a judgment or order of a lower court is presumed to be correct on appeal?


California, United States of America

When will a defendant who has exercised his right to counsel receive equal treatment?


California, United States of America

Does the Attorney General's interpretation of Section 1231(b)(3)(B)(ii) of the Immigration Code apply to a drug trafficking conviction?


MultiRegion, United States of America

What is the test for a motion to dismiss?


California, United States of America

What is the abuse of the abuse standard for overturning a judgment in a personal injury case?


California, United States of America

What is the range of aggravated damages for defamation?


Saskatchewan, Canada

What is the test for denying a motion for a new trial in a case where damages have been returned for special damages?


California, United States of America

What is the test for determining if a provision in a treaty does not need to be changed?


MultiRegion, United States of America

Does a federal court error in sentencing a convicted felon in possession constitute a crime of violence?


MultiRegion, United States of America

What are the most instructive sections of the Motor Vehicle Act, ss. 144, 179, 180, 181, and 182?


British Columbia, Canada

Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror?


California, United States of America

What is the legal test for late filing of a discrimination complaint?


British Columbia, Canada

How have courts interpreted the meaning of "discretionary administrative payments"?


MultiRegion, United States of America

Does an employer have the right to distribute service charges between employees in a pooled fund?


British Columbia, Canada

What is the definition of duress in the context of aggravated sexual assault on a child?


California, United States of America

Can a settlement be relied upon by parties who are not parties to the settlement?


British Columbia, Canada

What is the effect of the rule against commenting on a defendant's failure to testify?


California, United States of America

Can a shareholder of a company file a certificate of pending litigation?


British Columbia, Canada

Is there a two-prong test for determining the business purpose of a transaction and the economic substance of the transaction?


MultiRegion, United States of America

Is repeated or systemic misconduct relevant to a determination of punitive damages?


Ontario, Canada

Can a percipient witness provide sufficient evidence to satisfy the subjective element of sustained fear?


California, United States of America

In what circumstances will a prosecutor's comments to the jury change the burden of proof?


California, United States of America

Is a defendant responsible for falsifying an RVR and placing plaintiff in administrative segregation solely in retaliation for exercising his right to free speech?


MultiRegion, United States of America

In what circumstances will a defendant be convicted of making a terrorist threat against a witness?


California, United States of America

Is there any case law supporting the twenty percent rule?


MultiRegion, United States of America

When a defendant agrees the self-defense instruction only applies to count 4 of the assault with a deadly weapon upon Jon?


California, United States of America

In a personal injury case, what are some cases dealing with discretionary relief provisions?


California, United States of America

Does the word "penal" mean creating a disability or forfeiture?


Alberta, Canada

Is a cause of action for breach of confidence a sui generis or equitable remedy?


Canada (Federal), Canada

What is the legal test for determining whether the criminal justice system has failed to meet the Charter’s obligations under s. 11(b) of the Charter of Canada?


Saskatchewan, Canada

Can relevant evidence be excluded from a jury trial?


California, United States of America

Is a lack of confidence in an attorney sufficient to compel a defendant to substitute counsel?


California, United States of America