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    <option value="Nunavut">Nunavut</option>
    <option value="Ontario">Ontario</option>
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    <option value="Saskatchewan">Saskatchewan</option>
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SAMPLE MEMOS


ALEXSEI PRODUCES HIGH-QUALITY AND COMPREHENSIVE LEGAL RESEARCH MEMOS ON DEMAND
FOR ALL AREAS OF LAW.

From the most complex to the most routine question, Alexsei's objective overview
of the law is the perfect starting point for any client matter. See below a
collection of sample memos.


FILTER BY JURISDICTION

Select one...CaliforniaNew YorkAlbertaBritish ColumbiaManitobaNew
BrunswickNewfoundland and LabradorNova ScotiaNunavutOntarioPrince Edward
IslandSaskatchewanYukon
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New York

,

United States of America

How does the receipt of passive investment income affect a payor's obligation to
continue paying spousal support upon retirement?

New York

,

United States of America

In an action for defamation, when will attorney fees be recoverable by a
defendant against a plaintiff under New York anti-SLAPP laws?

California

,

United States of America

Will separate property that was brought into the marriage by one spouse be
considered community property if the other spouse contributed to its
appreciation in value during the course of the marriage?

New York

,

United States of America

When a corporation is dissolved without distributing the company's trademark and
tradename to the shareholders, can one shareholder legally use the trademark and
tradename for their own new entity?

California

,

United States of America

In the context of spousal support and child support orders, how do courts assess
a spouse’s income when the income is based on commission and fluctuates
significantly from year to year?

California

,

United States of America

What is the test for determining whether a worker is an employee or an
independent contractor for the purpose of the obligations imposed by
California’s wage orders?

New York

,

United States of America

Does the fact that a home is directly next to a close family member’s home make
the home unique for the purpose of assessing whether to award specific
performance?

California

,

United States of America

In what circumstances will a parent be found negligent in gifting their
9-year-old child a BB gun and allowing him to play with it without supervision?

California

,

United States of America

Will separate property that was brought into the marriage by one spouse be
considered community property if the other spouse contributed to its
appreciation in value during the course of the marriage?

California

,

United States of America

Does an employer's duty to accommodate employee disabilities extend to requiring
an employer to transition to a paperless office in order to allow an employee
with a severe anxiety disorder to work from home?

California

,

United States of America

Can police obtain the recordings from vehicles equipped with cameras that
monitor driver activity when gathering evidence that the driver committed a
crime?

California

,

United States of America

Can shares of a closely held private corporation be left to a beneficiary of a
deceased shareholder in the shareholder’s will if the corporate bylaws contain
restrictions on transfer?

California

,

United States of America

Does the fact that a home is directly next to a close family member’s home make
the home unique for the purpose of assessing whether to award specific
performance?

California

,

United States of America

Can a pattern on a textile good constitute a new, original, and ornamental
design for the purpose of 35 U.S.C. § 171?

California

,

United States of America

What constitutes unreasonable delay in the administration of an estate for the
purpose of declining to award compensation to the personal representative?

California

,

United States of America

May a party seeking a preliminary injunction be exempted from the requirement to
pay a bond in Cal. Civ. Proc. Code § 529 if they are impecunious?

California

,

United States of America

Can a social media platform be liable for defamatory content posted to its
website by a user of the platform?

California

,

United States of America

Is a property owner subject to liability if a tree on their property falls on a
neighboring property and causes property damage or bodily injury?

New York

,

United States of America

May the court decline to award an estate executor commissions if the executor’s
conduct has unreasonably delayed the distribution of the estate’s assets to the
beneficiaries?

California

,

United States of America

What factors will the court consider when determining whether to grant
visitation to a step-parent?

California

,

United States of America

Is an 8-year-old’s act of setting up a series of boobytraps to deflect two
would-be robbers within the permissible bounds of self-defense if the boobytraps
cause the robbers serious injuries?

California

,

United States of America

If the employee of a California employer is injured while temporarily working
for the employer out-of-state, is the employee entitled to California workers’
compensation benefits?

New York

,

United States of America

Can shares of a closely held private corporation be left to a beneficiary of a
deceased shareholder in the shareholder’s will if the certificate of
incorporation or by-laws contain restrictions on transfer?

New York

,

United States of America

What legal responsibilities, if any, does a person have to provide housing and
medical care to an adult child who they did not know existed until the child was
already an adult?

New York

,

United States of America

Can the statements of a defendant corporation's former CEO in a deposition that
was taken after he left the company qualify for the party admission exception to
hearsay under New York evidence law?

California

,

United States of America

Does the seller of residential property have a duty to disclose that an infamous
murder occurred at the property 70 years prior to the sale, after which the
house has developed a local reputation for being haunted?

New York

,

United States of America

Do the heightened pleading standards for fraud apply to a control person
liability claim under section 20(a) of the Securities Exchange Act?

New York

,

United States of America

May an employee who has filed a workers’ compensation claim as a result of
sexual harassment/assault that occurred in the workplace also sue their employer
and co-worker who committed the acts of harassment?

New York

,

United States of America

In the absence of a non-compete agreement, what are the parameters, if any, of a
former executive and director’s obligation not to compete with the corporation?

New York

,

United States of America

Is a parent responsible for the expenses incurred on his credit card if he was
unaware that his child had taken his card and used it without his permission?

California

,

United States of America

Does a personal injury claim survive bankruptcy when the defendant has liability
insurance that will defend and indemnify the defendant for the claim?

New York

,

United States of America

Can evidence of prior criminal charges that did not result in convictions be
considered at a sentencing hearing for a current criminal conviction?

New York

,

United States of America

Is a property owner subject to liability if a tree on their property falls on a
neighboring property and causes property damage or bodily injury?

New York

,

United States of America

Under what circumstances will the court impute income to a spouse for the
purposes of child support when there are allegations of intentional
underemployment?

California

,

United States of America

Does an employer's duty to accommodate employee disabilities extend to requiring
an employer to transition to a paperless office in order to allow an employee
with a severe anxiety disorder to work from home?

California

,

United States of America

Does California employment law apply to an employee who lives and works from
another state for a California-based employer?

California

,

United States of America

Under what circumstances will a court impute income to a parent when determining
child support?

California

,

United States of America

In a proposed class action proceeding in federal court against a pharmaceutical
company, in what circumstances will the class be certified where the allegations
are that the company’s pharmaceuticals cause addiction?

New York

,

United States of America

Are cryptocurrencies considered to be securities for the purposes of securities
regulations?

California

,

United States of America

What elements must a plaintiff prove to show that a contract existed in a breach
of contract action?

California

,

United States of America

What damages can a parent recover in a wrongful death action based on the death
of their adult child?

New York

,

United States of America

Can an immigration case be reopened more than 180 days after an in absentia
order of removal?

California

,

United States of America

Is there a time limit within which a judge must issue a decision on a submitted
matter?

California

,

United States of America

When can actions with different plaintiffs be consolidated in the federal court?

California

,

United States of America

Are California cannabis products subject to federal trademark infringement
claims?

California

,

United States of America

Once arbitration has been initiated, is there a time limit that claimants must
pursue their claim within?

New York

,

United States of America

What evidentiary foundation is required for the admission of electronic
accounting records as business records at trial?

New York

,

United States of America

Where two separate actions grounded in the same events are commenced in two
different states, will a New York court grant a motion to dismiss the New York
action on the basis that there is another action pending in a different state?

California

,

United States of America

When will an employee be considered to be acting within the scope of their
employment for the purposes of the respondeat superior doctrine?

California

,

United States of America

What are the elements of the tort of malicious prosecution?

California

,

United States of America

Are factual statements by the Legislature in a statute admissible as evidence in
a California state court action?

California

,

United States of America

Can a parent be held liable for negligent supervision of their child?

California

,

United States of America

What are the elements of the tort of negligent entrustment?

California

,

United States of America

In what circumstances will an expert’s evidence be excluded due to the expert’s
lack of qualifications?

California

,

United States of America

What constitutes a sale of personal information under the California Consumer
Privacy Act?

California

,

United States of America

What restrictions does California state law impose on foreclosing on a debtor's
personal residence?

California

,

United States of America

Can a party move to compel additional responses to discovery requests because
the responses were factually devoid?

California

,

United States of America

Is a contract for services valid if it does not contain a duration term?

California

,

United States of America

Is a contract for services valid if it does not set out the price for the
services?

New York

,

United States of America

Are mandatory retirement policies for law firm partners enforceable?

New York

,

United States of America

Does New York employment law apply to an employee who lives and works from
another state for a New York based employer?

California

,

United States of America

What remedies are available when a divorcing spouse destroys community property?

California

,

United States of America

How many plaintiffs are required in order to meet the numerosity requirement for
certification of a class action?

California

,

United States of America

What is the definition of 'crowdfunding' under the Jumpstart our Business
Startups Act?

California

,

United States of America

Is a subsequent marriage to a United States Citizen grounds to reopen the
immigration case of a person who has an In Absentia Order of Removal?

New York

,

United States of America

When a plaintiff adds new parties as defendants to an action after the existing
parties have completed discovery, what are the discovery obligations in respect
of the claims against the new parties?

California

,

United States of America

In what circumstances will a labor union be found to have breached its duty of
fair representation by discriminating against a member?

California

,

United States of America

If the family residence has not yet been characterized as community or separate
property, can the court order the residence to be sold to pay one party's
attorney fees?

California

,

United States of America

Are there any exceptions to public entity trail immunity for injuries caused by
a condition of a trial?

California

,

United States of America

What are the effects of a trustee's failure to list a parcel of real property on
the open market before accepting a private offer?

California

,

United States of America

What damages is a real property purchaser entitled to when the seller
fraudulently concealed material defects in the property?

New York

,

United States of America

Are damages for lost future earning capacity available in a claim for loss of
career opportunities due to discrimination under Title VII?

California

,

United States of America

Is an expert opinion necessary to establish the source of contamination?

California

,

United States of America

Is a real property purchaser's failure to discover a concealed fact a valid
defense to a fraudulent concealment claim?

Ontario

,

Canada

In what circumstances can a marriage contract be set aside under section
56(4)(c) of the Family Law Act?

Ontario

,

Canada

Absent a non-compete agreement, can an employer obtain an interim order barring
a former employee from working in the same industry?

Ontario

,

Canada

In what circumstances has the court imposed the minimum one year sentence for a
sexual assault of a victim under the age of 16?

Alberta

,

Canada

In what circumstances will a registered encroachment run with the land?

Ontario

,

Canada

In what circumstances will the court award a farmer's adult child a constructive
trust over the farm?

Alberta

,

Canada

In what circumstances will isolation pay and overtime pay be excluded from a
common law spouse's income for the purpose of calculating adult interdependent
partner support?

Ontario

,

Canada

In what circumstances can a landlord evict a residential tenant for non-paymebt
of rent?

Ontario

,

Canada

When will the courts find that companies that share the same directors and
shareholders are not common employers?

British Columbia

,

Canada

How have courts apportioned liability where a pedestrian who was crossing the
street against the traffic control signal was struck by a speeding motorist who
had the right of way but made no attempt to avoid the collision?

Ontario

,

Canada

Can a respondent to a contempt motion be compelled to testify?

Ontario

,

Canada

In what circumstances may foster parents be added as parties to child protection
proceedings?

Ontario

,

Canada

Is a marriage contract entered into after the parties had already been married
for over a year valid?

Ontario

,

Canada

Is a spouse's future inheritance included in the valuation of net family
property?

Alberta

,

Canada

Can a contractor renew the lien filing period by returning to complete a nominal
amount of additional work at the site?

Ontario

,

Canada

What remedies, for example nuisance or others, have commercial tenants sought
for allegedly damaging behaviours by their neighbouring tenants?

Alberta

,

Canada

Do tax-exempt student grants constitute income for the purpose of calculating
support?

Alberta

,

Canada

Does the Alberta Court of Queen's Bench have jurisdiction to make an order
related to matrimonial or family property located in a foreign jurisdiction?

Ontario

,

Canada

Can a spouse rent the matrimonial home to a third party without the other
spouse's consent if the matrimonial home is in the lessor spouse's name alone?

Ontario

,

Canada

Is the statutory deductible applicable to slip and falls that occur when the
plaintiff is exiting a vehicle?

Nova Scotia

,

Canada

Will the court consider a party's earnings from the one-time sale of real
property when determining that party's income for the purposes of calculating
child support?

Ontario

,

Canada

Are assets held in a family trust that is controlled by one of the parties
excluded from the net family property?

Alberta

,

Canada

Is a lump sum payment received from Veterans Affairs Canada for injuries from
service excluded from the division of marital property?

British Columbia

,

Canada

Can a court consider circumstances other than those listed in section 10(2) of
the Federal Child Support Guidelines when determining undue hardship?

Nova Scotia

,

Canada

In what circumstances will a property owner be found liable for injuries
incurred on the premises on the basis that the premises were inherently unsafe,
dangerous, or otherwise not fit for use?

British Columbia

,

Canada

In what circumstances can a government body exclude information shared with it
by a third party from disclosure under the British Columbia Freedom of
Information and Protection of Privacy Act?

British Columbia

,

Canada

How does the court determine the retroactive starting date for child support
arrears?


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