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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.


When can a public employee challenge an employer's disciplinary action in a mandamus proceeding?


California, United States of America

What is the test to determine whether a plaintiff has an impairment that limits their ability to work?


MultiRegion, United States of America

What is the test for introducing prior testimony in a personal injury case?


California, United States of America

Can a defendant be punished for multiple violations under section 654 of the California Criminal Code?


California, United States of America

What is the substance of a decision-making process?


Ontario, Canada

What is the standard for harmless error when there is an error in an educational guide to the statute of limitations?


California, United States of America

What is the test for judicial review of an arbitrator's decision?


California, United States of America

What is the test for a review of income for support purposes?


British Columbia, Canada

What is the test for reasonable inference in a civil case?


California, United States of America

What is the test for establishing a deadly weapon when a defendant strikes a person with a baseball bat?


California, United States of America

Is a Minister's Delegate performing an administrative decision in issuing an opinion pursuant to section 70(6) of the Immigration Act?


British Columbia, Canada

How have courts used the voter registration lists as a basis for selecting jurors?


California, United States of America

Is there sufficient trustworthiness in a witness statement to a friend that either a defendant or declarant shot one victim?


California, United States of America

Does a parent have a right to physically restrain their child from physically assaulting the child?


California, United States of America

What is the standard for determining liability of a landowner to an injured person who entered his property without permission?


"New York", United States of America

What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order?


California, United States of America

Can a criminal defendant raise the issue of insufficient evidence in a subsequent appeal?


California, United States of America

What is the test for reprisal in an employment tribunal case?


Ontario, Canada

What is the test for "prevailing" under Section 1988 of the Civil Rights Act?


MultiRegion, United States of America

Can an employer be liable for an employee's injuries?


California, United States of America

Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole?


California, United States of America

What is a statutory cause of action for misrepresentations for purchasers who acquire securities on the secondary market?


Ontario, Canada

What is the test for intentional infliction of emotional distress?


California, United States of America

What factors will be considered when assessing non-pecuniary damages?


British Columbia, Canada

Does the court present to the jury a case that is premised on a legally incorrect theory?


California, United States of America

What is the test for a motion for a reasonable time limitation in the context of time limits?


MultiRegion, United States of America

Is there any case law or case law that would have changed the disposition of a defendant in a civil case?


California, United States of America

What is the test for admitting abuse of discretion?


California, United States of America

What is the burden of proving that a change of venue is necessary?


California, United States of America

Does a conviction for felon in possession of a firearm render an inmate ineligible for resentencing?


California, United States of America

Can an insured automobile be considered a vehicle that is not insured but uninsured?


Ontario, Canada

What is the test for making a verbal threat?


California, United States of America

What are the principles of imputation of income under s. 19(1)(a) of the BCSC?


British Columbia, Canada

Is a sex offender registration not an abuse of discretion?


California, United States of America

How have the courts in B.C. dealt with division of assets in a long-term marriage?


British Columbia, Canada

If a defendant is found incompetent and convicted of a crime, can a federal court order a mental health commitment?


MultiRegion, United States of America

What is the effect of Proposition 47 on a defendant's sentencing?


California, United States of America

What is the duty of fairness of an Indian head school's principal in determining that the principal has a duty to fair play?


Canada (Federal), Canada

Does a state's interpretation of its laws or rules provide a basis for federal habeas corpus relief?


MultiRegion, United States of America

In what circumstances will a defendant be convicted of first degree murder for a hammer attack?


California, United States of America

What lies in the abuse of judicial authority of its functions?


MultiRegion, United States of America

Does a plaintiff have a substantial rights claim on appeal?


California, United States of America

Is a convicted felon in possession of a firearm subject to exclusion from resentencing?


California, United States of America

What factors will the court consider in determining which province has jurisdiction over a variation proceeding?


Saskatchewan, Canada

Does a delay in applying for disability benefits based on the expectation of finding employment constitute good cause for delay?


Canada (Federal), Canada

What is the test for liability in a stairway case?


New Brunswick, Canada

What is the definition and description of a criminal offence under section 11106 of the New York State Code of Civil Procedure?


California, United States of America

Can a defense cross-examine the evidence of prior possession of a firearm?


California, United States of America

Can an infant be found to be a contributorily negligent?


British Columbia, Canada

What is the test for following costs in a personal injury action?


British Columbia, Canada

Does the trial court abuse its discretion in determining that rap evidence was trustworthy?


California, United States of America

Can a hospital provider's failure to provide adequate medical care to an inmate constitute an Eighth Amendment violation?


California, United States of America

How have courts treated a motion to substitute a defendant's appointed counsel?


California, United States of America

What is the test for reviewing a trial court's ruling on the admissibility of evidence?


California, United States of America

Is a unanimous jury required in criminal cases?


California, United States of America

What are the consequences of a federal court's failure to instruct on the affirmative act requirement?


MultiRegion, United States of America

Does a landlord have an obligation to safeguard a tenant's personal property?


"New York", United States of America

What is the range of sentencing options for a mentally ill defendant who has been found guilty of a "non-violent" assault?


MultiRegion, United States of America

What is the burden of proving that a party making an offer to a prospective buyer of a dog is reasonable to expect that the offer ought to have been accepted?


British Columbia, Canada

What rights does a defendant have when he is excluded from an in camera proceeding?


California, United States of America

Is the term "dangerous" in section 6316.2 of the California Code of Civil Procedure vague or unconstitutionally vague?


California, United States of America

What is the impact of certifying a claim for damages against a fire insurance company in a federal court?


MultiRegion, United States of America

What is the test for reversing a jury's finding that a plaintiff intended to injure someone with his excrement?


California, United States of America

What is the test for judicial discretion on appeal?


California, United States of America

What are the terms for varying child support agreements?


Saskatchewan, Canada

What are the elements of constructive fraud and fraudulent concealment?


California, United States of America

What are some of the comments below in the context of this question?


Nova Scotia, Canada

What is the meaning of "residence" in the context of the Income Tax Act?


British Columbia, Canada

Does a defendant have to obtain a certificate of probable cause for an appeal after a plea of guilty or nolo contendere?


California, United States of America

How have the courts dealt with timely appeal issues in two separate cases?


California, United States of America

What is the good faith exception in the context of a search warrant?


MultiRegion, United States of America

What is the requirement of a police officer's general credibility review?


"New York", United States of America

What is the legal test for a motion of summary judgment or due diligence?


Ontario, Canada

Does the Attorney General have the authority to grant asylum to "refugees"?


MultiRegion, United States of America

What is the test for discovery of confidential personnel records of a police officer accused of misconduct against a criminal defendant?


California, United States of America

Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier?


MultiRegion, United States of America

What is the formula for the division of the Canadian Forces pension in a personal injury action?


Alberta, Canada

What are the implications of the Fourteenth Amendment in dealing with sexual assault cases?


California, United States of America

In what circumstances will a prosecutor be able to appeal to the jury in a civil case?


California, United States of America

What is the test for corroborating evidence in a sexual assault case?


California, United States of America

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

Does facsimile service constitute personal service?


Ontario, Canada

What is the defence of justification in a defamation case?


British Columbia, Canada

Does the procedure for obtaining litigation expenses need to be the vehicle for a full-blown lawsuit?


California, United States of America

What is the test for a judge to determine whether or not to grant a conditional discharge?


Ontario, Canada

When reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend, does the court have to assume the truth of the complaint?


California, United States of America

What is the test for determining whether a member of a housing cooperative has a valid claim under the BC Housing Act?


British Columbia, Canada

What is the test for determining whether a section of legislation that discriminates against an applicant based on race, ethnicity, nationality, race, gender, ethnicity or nationality violates section 15 of the Charter?


British Columbia, Canada

What are the implications of an interlocutory appeal from a Federal District Court order of suppression?


MultiRegion, United States of America

What is the test for abuse of discretion in the evidentiary context?


MultiRegion, United States of America

What factors will a judge consider when deciding whether to split a husband's non-exempt property equally?


Alberta, Canada

What is the test for an appeal against a finding that the appeal is frivolous?


MultiRegion, United States of America

In what circumstances will a defendant be convicted of possessing a firearm for the benefit of a criminal street gang?


California, United States of America

How do we review a district court's bail determination for error?


MultiRegion, United States of America

Can an attorney fee provision in a contract allow a plaintiff to claim attorney fees against the opposing party?


California, United States of America

What is the current state of the law on the issue of the voluntariness of a confession?


California, United States of America

Can a party who meets the principled exception to the hearsay rule remove the exclusionary features as a barrier to admissibility?


Ontario, Canada

What is the test for establishing that an identification procedure employed here was unduly suggestive?


California, United States of America

Does a defendant have to plead guilty to a charge of assault under section 17, subdivision (b) of the California Criminal Code to avoid a conviction for the assault of a minor?


California, United States of America

Is a statement obtained in violation of a defendant's Miranda right not to be used as evidence in a criminal case?


California, United States of America

How have courts treated the issue of sexual orientation in the context of same sex marriage?


British Columbia, Canada

What is the test for determining whether there has been enrichment and a corresponding deprivation?


British Columbia, Canada

How have the courts interpreted a plea agreement?


California, United States of America

What is the test for obtaining possession of a property under Section 1254 of the Criminal Code?


California, United States of America

What is the definition of gross negligence in animal cruelty cases?


California, United States of America

What is the test for "abuse of discretion" in deciding whether to admit or exclude evidence at trial?


California, United States of America

Is a cause of action disclosed in a Statement of Claim?


Alberta, Canada

Can a prosecutor amend a criminal complaint without leave of court before a defendant enters a plea?


California, United States of America

What are the purposes of an investigation in an insurance claim?


British Columbia, Canada

What are the factors considered by the Court of Appeal in rejecting a mother's application for child support?


Ontario, Canada

What are the consequences of an act in excess of a trial court's jurisdiction?


California, United States of America

What is the test for establishing that evidence of possession of property stolen during a burglary is sufficient to convict a defendant of the crime?


California, United States of America

Is a district court order dismissing a consolidated complaint for lack of jurisdiction valid?


MultiRegion, United States of America

How have the courts treated a claim of prosecutorial bias?


California, United States of America

How does Section 47 of the California Criminal Code apply to a defendant whose crime was committed before the date of sentencing?


California, United States of America

What are the principles governing liability analysis under the BCSC?


British Columbia, Canada

Is Novagas entitled to a proportionate share settlement?


Alberta, Canada

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


British Columbia, Canada

Is a defendant guilty of aiding and abetting a burglary even if someone else committed some or all of the criminal acts?


California, United States of America

Does a statement of decision need to be issued at trial?


California, United States of America

What is the test for evidence of aiding and abetting liability in a murder case?


California, United States of America

What is the limitation period for a plaintiff to file a claim?


California, United States of America

What is the test for a jury to determine whether a defendant acted deliberately, deliberation and premeditated in an imperfect self-defense case?


California, United States of America

Can a law enforcement officer enter a person's home without a warrant?


California, United States of America

Can a defendant claiming self-defense to an assaultive crime present evidence of a victim's violent nature to show the victim was the aggressor?


California, United States of America

What is the standard of review for determining whether someone is an employee or an independent contractor?


Canada (Federal), Canada

What is the current state of the law on frivolous lawsuits?


MultiRegion, United States of America

What is the effect of a prosecutor's comment that a jury should consider whether to convict a defendant in a civil case?


California, United States of America

What are the allegations relating to disability and demotion made in an application for a long-term disability?


Ontario, Canada

What are some cases where the testator changed the principal beneficiaries from members of his family to a hospital?


Alberta, Canada

Does a police officer have a right to search a desk drawer containing evidence that has been hidden away in a storage bin?


California, United States of America

Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime?


California, United States of America

What is the evidentiary test for applying Rule 23 of the Rules of Civil Procedure?


New Brunswick, Canada

Does plaintiffs' counsel have a right to seek a motion for a new trial or reversal of the judgment on that ground?


California, United States of America

Can expert testimony justify a special costs award?


British Columbia, Canada

What is the case law on Covid 19?


Ontario, Canada

How have courts dealt with the issue of counsel representing a minor on appeal?


California, United States of America

Is a defendant entitled to replead at a post-conviction evidentiary hearing?


MultiRegion, United States of America

What is the test for a delay in filing a Rule 60(b) motion?


MultiRegion, United States of America

Is a litigant required to Page 21 of the Superior Court of Justice's (MSJ) Judgment in a personal injury case?


federal, United States of America

What is the test for ineffective assistance of counsel?


California, United States of America

What is the test for determining whether a defendant is liable for murder when the actus reus and mens rea elements of murder are satisfied?


California, United States of America

Is there a societal interest in having serious charges of sexual assault brought before a jury?


Ontario, Canada

On appeal, how have the courts treated a motion to unseal a confidential attachment and quash a search warrant?


California, United States of America

Is Defendant entitled to a right of removal in the first instance?


MultiRegion, United States of America

What are the elements of negligent misrepresentation in a statement of claim?


British Columbia, Canada

What is the test for unanimity in a criminal trial where there are two separate crimes?


California, United States of America

Is New Fortune permitted to amend its amended complaint?


MultiRegion, United States of America

What is the difference between an offeror's notice of acceptance and rejection of an offer in a shareholder's agreement?


British Columbia, Canada

Is marijuana seized in an illegal search improper?


MultiRegion, United States of America

Does the Double Jeopardy Clause preclude a retrial on a prior conviction in the non-capital sentencing context?


California, United States of America

Does a federal judge have jurisdiction to make an in personam judgment in the Superior Court of Justice?


MultiRegion, United States of America

What is the test for affirming the Commissioner's denial of benefits?


MultiRegion, United States of America

What is the impact of state law on arbitration agreements?


MultiRegion, United States of America

Can a bus driver be held liable for failing to report a hit and run driver to the ICBC?


British Columbia, Canada

What is the test for identifying as a defendant in a civil action for allegedly depriving plaintiff of a federal constitutional right?


MultiRegion, United States of America

What is the test for instructing a defendant to plead guilty to a lesser charge?


California, United States of America

What are the costs of two separate actions brought by the same defendant?


British Columbia, Canada

Is a pro se prisoner's court filing deemed filed at the time he delivers it to the prison authorities for forwarding to the court clerk?


MultiRegion, United States of America

In what circumstances will a landowner who has claimed colourable title to land be able to oust the title of the true owner of the land?


Nova Scotia, Canada

How has the court treated the testimony of a witness in a civil case?


California, United States of America

What is the role of a federal court in reviewing a bankruptcy court decision?


MultiRegion, United States of America

What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal?


MultiRegion, United States of America

Are there any federal or state courts of general jurisdiction?


MultiRegion, United States of America

What is the test for making a false statement or representation under section 2101 of the Unemployment Insurance Code?


California, United States of America

What is the test for sentencing a defendant to two-and-a-half years of community service under the Mental Health Act?


California, United States of America

What is the test for a party to apply section 481(1) of the Criminal Code to restrict information?


Nova Scotia, Canada

Is a plaintiff entitled to reimbursement for expenses incurred in a personal injury action?


California, United States of America

What is the standard of care a lawyer in Canada must meet?


Manitoba, Canada

Is there a reasonable tactical decision by counsel to limit the focus to appellant's own state of mind and self-defense?


California, United States of America

Does pleading guilty to each of the three counts of sexual assault prevent the government from presenting evidence to establish that each counts is distinct?


MultiRegion, United States of America

What is the test for abuse of denial of a motion to reopen?


MultiRegion, United States of America

What is the test for determining whether a contract was made for the benefit of a third party?


MultiRegion, United States of America

Can a superior court judge conduct a hearing in a location outside the province?


British Columbia, Canada

What constitutes a "serious medical need" for a prisoner?


MultiRegion, United States of America

What is the test for a writ of possession under section 290 of the Family Law Act?


California, United States of America

What role does the Superior Court play in a motion to suppress evidence?


California, United States of America

What is the effect of the Moorhouse tests on an assault claim?


British Columbia, Canada

What is the test for a motion to suppress?


California, United States of America

Can a local police officer reasonably conclude that criminal activity may befoot?


MultiRegion, United States of America

Is a taxpayer entitled to be free of tax unless specifically caught by the provisions of the taxation statute?


British Columbia, Canada

How have the courts instructed the jury on the standard of proof in a sexual assault case?


California, United States of America

In what circumstances will an application for interim alimony be refused?


Saskatchewan, Canada

What is the test on appeal for a claim of false imprisonment?


Ontario, Canada

What is the test for proving a claim against a landlord?


Saskatchewan, Canada

Does a defendant who has committed one crime assume commission of another?


California, United States of America

How have courts dealt with a motion to set aside a default judgment?


California, United States of America

How have courts treated the word "heinous" in the context of an assault?


California, United States of America

Can a plaintiff's claim under Section 1915 be dismissed as frivolous?


MultiRegion, United States of America

What is the test for negligence in assessing the value of a property?


British Columbia, Canada

Does money laundering and money laundering constitute money laundering offences?


MultiRegion, United States of America

What are the applicable legal principles when a driver enters a through highway from a side street with a stop sign?


British Columbia, Canada

What is the test for a child's habitual residence in a state where both parents lived together with the child?


Ontario, Canada

Can a jury reasonably conclude that a pedestrian was in a position of danger as a result of her own negligence in crossing?


California, United States of America

What is the difference between due process and speedy trial violations under the California State Constitution?


California, United States of America

What is the current state of the law in the context of package deals?


MultiRegion, United States of America

What is the effect of the natural and probable consequences of a shooting?


California, United States of America

What is the test for an arbitrator to vacate an arbitration award for failing to disclose their relationship with the opposing party's counsel?


California, United States of America

Does severance need to be severance in the context of an antagonistic defense?


MultiRegion, United States of America

Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence?


California, United States of America