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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 standard of review of an application by a prothonotary?


Canada (Federal), Canada

Does section 1170.18 of the California Criminal Code allow a previously incarcerated offender to appeal against his sentence?


California, United States of America

What is the test for exclusion of evidence in a domestic violence case?


California, United States of America

What is the test for determining whether a defendant owes a plaintiff a duty to use reasonable care?


California, United States of America

Does the statute of limitations apply to a wobbler who is convicted of a misdemeanor but sentenced as a felony?


California, United States of America

What factors will a court consider when assessing damages for non-pecuniary losses?


British Columbia, Canada

Is the veto right a "thing in action" as defined by s. 2 of the BIA?


Manitoba, Canada

How have courts in the past few years dealt with an accident where a sign was dislodged or damaged?


Ontario, Canada

What is the test for determining whether a court has jurisdiction to directly adjudicate the property rights of someone not a party to the action?


California, United States of America

What is the burden of proving misconduct against a police officer?


California, United States of America

What is the test for concluding allegations of official participation in civil rights violations?


MultiRegion, United States of America

What are the legal principles governing an application to dismiss for want of prosecution?


British Columbia, Canada

What is the legal basis for an instruction in a motor vehicle application?


California, United States of America

What is the test for a motion to suppress?


California, United States of America

What is the legal test for the interpretation of the terms of the Lease?


British Columbia, Canada

What is the test for overturning factual findings from the California Court of Appeal?


California, United States of America

Is a probation violation an abuse of discretion where the court accepts the appellant's explanation for being 22 minutes late to court was inadequate?


California, United States of America

How have the courts dealt with a deed of property to trustees to pay certain valid claims?


Ontario, Canada

Can an attorney be denied permission to appear pro hac vice?


MultiRegion, United States of America

What is the test for "clear and unambiguous" language in a medical malpractice case?


MultiRegion, United States of America

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


California, United States of America

Does the Attorney General admit that the trial court erred by not instructing the jury on involuntary manslaughter?


California, United States of America

What is the test for a motion under Rule 35 to overturn a District Court's denial of a Rule 35 motion?


MultiRegion, United States of America

Does a marriage vow to support in sickness or in health carry any legal significance?


Canada (Federal), Canada

What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion?


MultiRegion, United States of America

Does the delegatus non potest delegare rule apply to an attorney general?


Canada (Federal), Canada

What is the test for appointing a substitute attorney at a trial?


California, United States of America

Is a pensioner entitled to both a cost-of-living and a proportional share of the fluctuating salary of a judge occupying the office formerly occupied by a retired or deceased judge?


California, United States of America

In what circumstances will Abrioux J. be successful on the third ground of appeal?


British Columbia, Canada

When will the police rely upon a tip from an anonymous informant?


California, United States of America

What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?


California, United States of America

What is the test for admitting or denying an allegation of sexual assault in a sexual assault case?


British Columbia, Canada

What is the full text of the opinion of the New York State Supreme Court on third party coverage?


California, United States of America

Does a three-judge court need to be convened on the theory that the challenged state policy is informal and not mandated by statute?


MultiRegion, United States of America

What is the test for ineffective assistance of counsel?


California, United States of America

What is the legal test for ineffective assistance of counsel?


California, United States of America

What is the legal test for a claim of insufficient evidence in a criminal case?


California, United States of America

What factors must be considered when the reason for a child's inability to withdraw from their parents care is post-secondary education?


British Columbia, Canada

Does an amicus curiae have to accept that the rule is not authorized by section 69898?


California, United States of America

What factors have been applied to assess the value of a lost or impaired asset?


British Columbia, Canada

What is the test for an implied waiver of solicitor-client privilege?


British Columbia, Canada

What is the legal test for a judicial misconduct finding that the mere possibility of misconduct is reasonable?


MultiRegion, United States of America

When determining whether the evidence was sufficient to sustain a criminal conviction, what is the test for reversal of a conviction?


California, United States of America

What is the legal test for a personal representative to proceed in a personal injury proceeding?


British Columbia, Canada

When does a state court retain jurisdiction to resolve the preemption question and determine their own subject matter jurisdiction?


California, United States of America

What are the requirements for a trial court to instruct a defendant on an affirmative defense?


California, United States of America

Does section 219 of the BC Code of Civil Procedure require a covenant of faith?


British Columbia, Canada

Does a field show-up not implicate the Fifth Amendment privilege against self-incrimination?


MultiRegion, United States of America

What are the factors that support the argument that a lawyer's ethical duties prevent him from presenting a defense?


California, United States of America

What is the test for an application to appeal a habeas petition?


MultiRegion, United States of America

What is the test for sealing a search warrant?


California, United States of America

Does the use of a drug sniffer dog violate the Fourth Amendment?


MultiRegion, United States of America

What is the maximum sentence the trial court can impose for a charge of assault?


MultiRegion, United States of America

What is the effect of time, time, and lack of communication between counsel and plaintiff?


Manitoba, Canada

What is the test for establishing an error in judgment under Section 10(2) of the Municipal Corporations Act?


Ontario, Canada

Is a witness entitled to use immunity from prosecution?


California, United States of America

On the grounds that a motion for a rehearing of a motion on the grounds of rehearing has been denied on the same grounds as the original application, in what circumstances will the appeal be heard?


MultiRegion, United States of America

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


California, United States of America

What is the burden of a federal judge presiding at a trial before a jury?


MultiRegion, United States of America

What is the test for waiving a claim for fraud or fraudulent misrepresentation?


MultiRegion, United States of America

Is a court bound by reasonableness and proportionality to award a discretionary cost award?


Ontario, Canada

Does a large class of plaintiffs have to pay attorney's fees to the "prevailing party"?


California, United States of America

What is the test for dismissing an application for a summary dismissal of an application alleging fraud?


MultiRegion, United States of America

What is the effect of Section 7 of the California Civil Code on a person who is not a party to the legislation?


California, United States of America

Is a prosecutor's failure to instruct a grand jury concerning the evaluation and weight to be given an expert's testimony a violation of the prosecutor's duty as legal advisor to the grand jury?


"New York", United States of America

What is the standard of review for a finding of fact in a personal injury case?


California, United States of America

What is the test for replacing a juror with an alternate juror?


California, United States of America

What legal authority has been cited in relation to statutory privilege?


Nova Scotia, Canada

What is the test for an attempted murder?


California, United States of America

What is the standard of review for a finding of abuse of discretion?


California, United States of America

Can a search of a defendant's home and the search of his car be conducted without a warrant?


California, United States of America

Can a defendant be found negligent in drinking coffee while driving?


Nova Scotia, Canada

What is the relationship between challenges to jurisdiction simpliciter and determinations of forum non conveniens?


British Columbia, Canada

Can a court decline to decide the probable cause question in cases in which the good faith exception applies?


MultiRegion, United States of America

What is the test for admitting a transcript of a witness's preliminary hearing testimony?


California, United States of America

What is the current state of the law in this area?


British Columbia, Canada

What is the current state of the law on probation for a defendant who was found unable to control himself while he was engaged in a protest movement?


California, United States of America

What is the test for aggrieved property owners to obtain a restraining order from the Court of Appeal against the developer?


California, United States of America

What is the test for obtaining a warrant to search a person's home?


California, United States of America

What is the duty owed by a mortuary to a bereaved family?


California, United States of America

What is the effect of not instructing a jury as to heat of passion on voluntary manslaughter?


California, United States of America

Is a city charter that authorizes the discharge of a police officer who refuses to waive immunity from prosecution when he appears before a grand jury?


California, United States of America

Does the Court have to consider the cumulative effect of multiple errors in a harmless error review?


MultiRegion, United States of America

What is the test for making a Cruel and unusual punishment claim?


California, United States of America

How have courts reviewed the admissibility of evidence in a sexual assault case?


California, United States of America

Is there any case law where defense counsel objected to the imposition of the upper term?


California, United States of America

What is the test for loss of earnings or capital asset in a personal injury action?


British Columbia, Canada

What is the test for obtaining a warrant to search a person's home without a search warrant?


MultiRegion, United States of America

What is the test for establishing a set-off for delay in allowing a contractor to complete a project?


British Columbia, Canada

Does the court instruct the jury that they must use 2% as their discount factor in calculating damages for future lost earnings?


MultiRegion, United States of America

What is the scope of a fiduciary's obligations?


California, United States of America

What is the burden of satisfying the court that no information which could be relevant was imparted?


Newfoundland and Labrador, Canada

Is a discovery transcript admissible under the rules of evidence?


Nova Scotia, Canada

Does Defendant have forfeited appellate review of this issue?


California, United States of America

What is the historical method of determining the right to a jury trial?


California, United States of America

What is the test for a jury to convict a defendant of assault under the Mental Health Act?


California, United States of America

In what circumstances will a court override an objection to evidence that shows that a police officer has a tendency to act in a way that is prejudicial?


California, United States of America

What is the test for a charge of larceny under section 459.5 of the California Criminal Code?


California, United States of America

What is the test for declaring an offender a long-term offender?


Ontario, Canada

What is the starting point of our review of the record?


MultiRegion, United States of America

Can a court order a restriction on the telephone access of a pretrial detainee?


California, United States of America

What is the impact of past misconduct on the credibility of a sworn law enforcement officer?


California, United States of America

What is the appropriate range of suspension for a lawyer who abdicates from duty due to misconduct?


Ontario, Canada

How have the courts considered a will that states that a testator can make a gift over where the beneficiary dies before actually getting in hand some or all of the gift?


Alberta, Canada

What are the principles enunciated in the principles of the above?


Saskatchewan, Canada

What is the test for establishing an evidentiary hearing in a motion for resentencing?


California, United States of America

Does the limitation period apply to a class action before a certification hearing?


British Columbia, Canada

What is the test for determining the respective rights of a husband and wife in a divorce case?


Saskatchewan, Canada

What are the elements of embezzlement?


California, United States of America

What is the test for furnishing identification in a motor vehicle accident case?


California, United States of America

What is the test for establishing that a breach of the standard of care was a factor in a motor vehicle accident?


British Columbia, Canada

How has the Unjust enrichment Claim been treated in the Courts?


Ontario, Canada

What is the current state of the law in relation to final access and child support?


Ontario, Canada

What is the standard of probable cause in a search and arrest case where the officer's statement was used as evidence?


California, United States of America

What is the test for substantial evidence in a criminal case?


California, United States of America

What is the test for establishing that a partnership was dissolved?


California, United States of America

How does the Court assess the sufficiency of evidence in a sexual assault case?


California, United States of America

What is the statute of limitations under section 2122 of the California Marriage Act?


California, United States of America

Does the Court have jurisdiction to determine title to a property?


California, United States of America

What is the test for ineffective assistance of counsel?


California, United States of America

Can a hearsay statement of a child under the age of 12 be used as evidence in a sexual assault case?


California, United States of America

What is the effect on the relationship between the claimant and his daughters?


British Columbia, Canada

Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process?


MultiRegion, United States of America

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


British Columbia, Canada

Does the Court have jurisdiction to make credibility determinations that are reserved for the jury?


MultiRegion, United States of America

Is there a mandatory right to counsel in a civil case?


MultiRegion, United States of America

What is the test for a jury to determine whether a plaintiff has presented sufficient evidence to support their claim?


MultiRegion, United States of America

How does the alternative-source rule reconcile reporter's immunity and defendant's fair trial rights?


California, United States of America

What is the impact of future care costs on a plaintiff?


British Columbia, Canada

What factors are considered to be relevant in the context of violence between the parents of a child apprehended by Children’s Aid Society of Halton Region?


Prince Edward Island, Canada

What is the difference between a defendant and a jury in a sexual assault case?


California, United States of America

What is the test for plain error in a motion to dismiss a criminal charge?


MultiRegion, United States of America

Is a "mere visitor" subject to a search warrant?


California, United States of America

Can a plaintiff representing himself in propria persona be awarded attorney fees under Code of Civil Procedure section 128.5?


California, United States of America

What is the maximum sentence under section 1326 of the Immigration Code when an alien has been arrested and deported?


MultiRegion, United States of America

What are the elements of a retaliation claim in the prison context?


MultiRegion, United States of America

What is the test for disqualifying a judge's impartiality?


MultiRegion, United States of America

What is the test for establishing a case of discrimination against a defendant in an employment action?


MultiRegion, United States of America

What is the timeliness of a Rule 11 motion?


MultiRegion, United States of America

What is the extent of damage caused by a hole in the sidewalk at a bar?


Manitoba, Canada

What is the test for producing material that is not relevant?


Nova Scotia, Canada

When assessing whether a second competency hearing is required for a defendant to stand trial, what is the current state of the law on the basis of this?


California, United States of America

What is the test for making a substantial evidence challenge to a finding made by a lead agency?


California, United States of America

What is the test for revocation of a formal settlement offer?


British Columbia, Canada

What is the test for multiple punishment for a single act or omission punishable by more than one criminal statute?


California, United States of America

Does Section 496d of the California Criminal Code apply to a defendant who was convicted of receiving a stolen vehicle?


California, United States of America

What factors are considered in determining whether a confession was voluntary or coerced?


California, United States of America

What is the discoverability rule in the context of a limitation period claim?


Ontario, Canada

What is the basis to stay any of the appeals before the Court of Appeal?


Ontario, Canada

Can a charge be brought against an uncharged crime to prove intent?


California, United States of America

What is the statute of limitation for a writ of habeas in federal court?


MultiRegion, United States of America

Is voluntary intoxication relevant to a felony-murder theory in a first degree murder case?


California, United States of America

What is the test for severability in the Fourth Amendment?


MultiRegion, United States of America

What is probable cause for issuance of a warrant for search warrants?


California, United States of America

What is the test for determining the degree of a crime?


California, United States of America

Can a probationer be denied a right to exercise his constitutional right if he violates a probation condition?


California, United States of America

What is the impact of a child’s financial capacity to support a parent?


New Brunswick, Canada

Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code for failing to report an administrative error?


MultiRegion, United States of America

What is the test for removing documents from a search warrant for sorting elsewhere?


MultiRegion, United States of America

Does the federal government and the tribe intend that tribal law-enforcement officers possess and exercise power to enforce state law?


MultiRegion, United States of America

What is the test for determining whether there was a single conspiracy encompassing multiple counts?


California, United States of America

In what circumstances will a plaintiff bring an excessive use of force claim?


MultiRegion, United States of America

What is the definition of recklessness in the law?


Ontario, Canada

What is the current state of the law on sentencing for reckless driving?


MultiRegion, United States of America

In what circumstances will a father be awarded joint custody of a child in his day-to-day care unit?


Nova Scotia, Canada

Does the Court have to consider the inconsistency in the jury's verdict at the trial of appellant in his bribery case?


MultiRegion, United States of America

Does evidence that violates Evidence Code section 1150 need to be objected at trial to preserve the contention on appeal?


California, United States of America

What is the legal test for unjust enrichment in Iran?


British Columbia, Canada

Can a defendant plead guilty as charged under section 415 of the California Penal Code for engaging in tumultuous And offensive conduct?


California, United States of America

What is the test for admitting a "cryptic note" made by an unavailable witness?


MultiRegion, United States of America

Is there any case law where allegations against a hospital defendant do not satisfy the requirements of a medical malpractice trial?


California, United States of America

What evidence does the jury need to consider before deciding whether to shoot and kill Flores in the hotel room?


California, United States of America

Is appellant entitled to be represented by counsel at a hearing on a motion to reduce his criminal conviction to a lesser charge?


California, United States of America

What is the testatrix's interpretation of the words "surviving children" in her will?


Alberta, Canada

What is the test for making an objection at trial and requesting an admonition at trial?


California, United States of America

What is the test for a motion to amend section 1009 of the Criminal Code?


California, United States of America

What is the procedure for an inmate to bring a claim in federal court after the administrative process has been completed?


MultiRegion, United States of America

Is kidnapping for robbery a violent crime for the purposes of section 1387.1?


California, United States of America

In what circumstances will a defendant withdraw a plea in a motion to withdraw the plea if he believes he would not have entered the plea otherwise?


California, United States of America

How have the courts treated evidence under section 1101(b) in a sexual assault case?


California, United States of America

What is the test for assessing the impact of an independent review?


California, United States of America

How have courts dealt with allegations of sexual assault against a city recreation instructor?


British Columbia, Canada

What is the process of bringing a motion before the court?


Ontario, Canada

What is the impact of having a father who lives in the community where his children live?


Saskatchewan, Canada

Can a judge award prejudgment interest in a non-jury trial?


California, United States of America

Is a verbal representation as to the roadworthiness of a car before the hire purchase agreement is signed?


Saskatchewan, Canada

How have courts dealt with the issue of counsel being ineffective counsel?


California, United States of America

Is there a constitutional right to stare down or otherwise subtly intimidate a young child who would dare to testify against him?


California, United States of America

How has the court determined the front yard of a private residence is not a "public place" within the meaning of section 647 of the Penal Code?


California, United States of America

Is there any difference between a libel action and a similar media action?


British Columbia, Canada

What is the test for a procedural due process claim?


MultiRegion, United States of America

Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply when a crime is committed only for personal reasons?


California, United States of America

What is the relevant case law on abuse of discretion?


California, United States of America

Can an inmate who is not suffering from a pre-existing condition sue for cruel and unusual punishment under the Eighth Amendment for exposure to ETS?


MultiRegion, United States of America

Is there federal jurisdiction for the murder of a postal worker?


MultiRegion, United States of America

What is the test for setting aside a judgment signed in default of appearance?


Manitoba, Canada

What is the test for determining whether a reasonable trier of fact, applying the clear and convincing standard of proof, could have found that a dangerous individual was not dangerous?


MultiRegion, United States of America

What is a defendant's right to dismiss a motion brought by a plaintiff who has a claim against him before the statute of limitation has expired?


California, United States of America

How does the special rule of the release of personal injury claims apply?


California, United States of America

What is the burden of establishing a prima facie case of discrimination?


MultiRegion, United States of America