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.
Does a defendant have to plead and prove that they breached a conditional sale agreement in order to overturn the judgment of the trial court?
California, United States of America
Can evidence obtained as a result of an illegal search and seizure be used to establish probable cause for a subsequent search?
MultiRegion, United States of America
What is the case law in favour of a plaintiff in a medical malpractice case?
British Columbia, Canada
Can a plaintiff be found at fault under s. 1.1(2) of the Criminal Code for assault and battery?
British Columbia, Canada
What is the effect of a police order to drive an automobile to a service station?
California, United States of America
Is a trustee of a trust or a debtor of the trust?
British Columbia, Canada
What are the elements of procedural fairness in the context of a motion for summary judgment?
British Columbia, Canada
Can self-defense be a defense to a charge of robbery?
California, United States of America
When a committed marriage-like relationship between the parties was at an end by April 1, 2005, when the parties ceased living together under the same roof?
British Columbia, Canada
What is the appropriate way to compensate a plaintiff for time drawn from her sick bank?
British Columbia, Canada
Does oral copulation and urination in a woman's mouth influence the sentencing of a convicted sex offender?
California, United States of America
In a criminal prosecution, can a defendant "open the door" to cross-examination by presenting potentially misleading testimony?
MultiRegion, United States of America
What is the test for giving an instruction in a case where the judge refused to grant the instruction?
California, United States of America
Does a failure to object to a probation condition at trial constitute a forfeiture of the claim on appeal?
California, United States of America
Is a motion for a new trial based on newly discovered evidence abused or abused?
MultiRegion, United States of America
What is the test for a bankruptcy application?
British Columbia, Canada
What is the test for establishing a gift?
British Columbia, Canada
What is the test for an involuntary confession under the Fourteenth Amendment?
California, United States of America
Can a judge set two separate actions, one commenced under Rule 66 and one under Rule 68, at the same time, for the same day?
British Columbia, Canada
What is the test for obtaining a warrant for arrest in a criminal case?
MultiRegion, United States of America
What is the test for a defendant to justify a plea of self-defense under the plea of homicide?
California, United States of America
What is the test for accepting a late claim in a personal injury action?
California, United States of America
What is the test for service of process by substituted service?
British Columbia, Canada
What is the test for determining whether "questions of law or fact common to the class predominate" in a class action?
MultiRegion, United States of America
What are the consequences of failing to file objections to a motion of appeal?
MultiRegion, United States of America
Is an employer entitled to deduct from an employee's income tax allowance for the first 5,000 kilometres of driving expenses?
Canada (Federal), Canada
What is the test to apply to a corporate plaintiff?
Yukon, Canada
Does a bus driver have a duty of care to prevent a female passenger from falling out of her seat when the bus passes over a speed bump?
British Columbia, Canada
How has discrimination been defined in the context of discrimination in education?
British Columbia, Canada
How have courts interpreted a deed of trust?
MultiRegion, United States of America
Is the record of conviction sufficient to support a motion to resent a sentence under the Criminal Proceeds of Crime Act?
California, United States of America
What is the test for in-camera review?
California, United States of America
Is a sentence for assault with intent to cause grievous bodily harm under section 654 of the Criminal Code extended to include a firearm enhancement?
California, United States of America
Does the "crumbling skull" rule apply?
British Columbia, Canada
Can a voir dire be conducted in a sexual assault case?
Ontario, Canada
What is the test for a negligent driver to cause injury to a pedestrian?
Ontario, Canada
Does the exclusionary rule apply when a search warrant is invalid?
MultiRegion, United States of America
What is the effect of a bail bond on a criminal defendant?
California, United States of America
What is the legal test for terminating a position in law during pleasure?
Yukon, Canada
What is the threshold for making an order under Rule 75.06?
Ontario, Canada
What is the test for determining whether a witness has been convicted of sexual assault by reason of bias?
MultiRegion, United States of America
In what circumstances will a defendant be able to appeal against his conviction for the murder of an elderly woman who was found guilty of murder by reason that he failed to obtain a certificate of probable cause?
California, United States of America
What is the burden of a defendant advancing a sufficiency of the evidence claim?
MultiRegion, United States of America
Is a motion for review of a discovery order a writ of mandamus?
MultiRegion, United States of America
Can an impaired accused leave the headlights illuminated on his immobile vehicle to warn passing motorists of the obstruction?
Manitoba, Canada
Can a plaintiff who has been receiving treatment for a long-term brain injury for the last year or so contact with her doctor with reports that nothing has changed?
British Columbia, Canada
What is the test for expert testimony in a medical negligence case?
Ontario, Canada
How has the Court interpreted the Charter as an aid to statutory interpretation?
British Columbia, Canada
What is the test for dismissing a motion to dismiss a motion for personal injury?
MultiRegion, United States of America
What is the standard of care owed to a surgeon who caused nerve damage to a plaintiff's right hand and arm and partial paralysis of his diaphragm?
Alberta, Canada
When will a defendant waive his right to a jury trial?
California, United States of America
Can an issue not presented to the district court be raised for the first time on appeal?
MultiRegion, United States of America
Can a motorist who kills an innocent person [23.R.3d] in a high-speed flight from a police officer be convicted of murder?
California, United States of America
What factors will the court consider in deciding whether to consolidate or not to consolidate the cases?
MultiRegion, United States of America
What is the current state of the law in India on the calculation of loss of future earning capacity?
British Columbia, Canada
What is the test for making a phone call that has no purpose?
"New York", United States of America
Is there any case law in which a defendant was convicted under both a direct aiding and abetting theory and a natural and probable consequences theory?
California, United States of America
Does the mere pronouncement of sentence or denial of probation before judgment has not preclude the granting of probation after judgment has been pronounced or affirmed on appeal?
California, United States of America
Does a jury's acquittal of a charge of sexual assault prevent a sentencing court from considering the conduct underlying the charge?
MultiRegion, United States of America
Can an error be held harmless beyond a reasonable doubt?
California, United States of America
How have courts interpreted section 3333.2 and section 1431.2 of the California Health Care Act?
California, United States of America
What is the test for a closing argument in a personal injury case?
California, United States of America
In what circumstances will a defendant be released from jail pending trial?
Ontario, Canada
What is the disposition of a conviction for aggravated sexual assault on a child?
California, United States of America
Can a jury consider defendant's conduct after the killing in relation to the manner of the killing?
California, United States of America
What is the test for a plaintiff to recover damages for negligence in a motor vehicle accident?
Saskatchewan, Canada
Can an attorney exercise his power of attorney for his own benefit?
British Columbia, Canada
Is a plaintiff required to produce a post-accident photograph from the private portion of his Facebook account?
Ontario, Canada
In a motion for a new trial, how has the court treated the delivery of a written copy of the jury's instructions for use during deliberations?
MultiRegion, United States of America
What is the effect of rule 435(b)(1) of the Probation Guidelines on probation revocation?
California, United States of America
What is the test for the use of the 'H' clause in a personal injury claim?
Alberta, Canada
What is the test for an award for future care for a plaintiff who suffers from multiple sclerosis?
British Columbia, Canada
Can an officer thoroughly search an individual in an incident to a lawful arrest?
California, United States of America
How have courts interpreted the rule that allowed a defendant to agree when entering a plea?
California, United States of America
What factors apply to a stay of a proceeding?
British Columbia, Canada
Is it in the public interest to accept a complaint?
British Columbia, Canada
What is the test for determining whether a jury found the facts in the context of a civil case?
MultiRegion, United States of America
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim?
British Columbia, Canada
Is ineffective assistance of counsel a grounds for a new trial?
California, United States of America
Is a release a contract?
Ontario, Canada
Can a judge refuse to sever on a defendant's motion?
California, United States of America
Can provocation reduce the elements of premeditation and deliberation to second degree murder?
California, United States of America
Is a plaintiff entitled to attorney's fees in a divorce action?
California, United States of America
Does a defendant who seeks recovery of costs after a plaintiff's voluntary dismissal need to file a proposed judgment?
California, United States of America
What is the test for reasonable expectation of privacy in this case?
California, United States of America
Does a jury have a duty to consider the limited admissibility of evidence at trial?
California, United States of America
Does Section 654 of the California Probation Code preclude separate sentences for Liddell on counts 2 and 4 of the kidnapping conviction under the same section?
California, United States of America
In what circumstances will a plaintiff be able to sue for damages from a defective roof?
Manitoba, Canada
Does the doctrine of waiver apply to a trial court's failure to properly make a discretionary sentencing choice?
California, United States of America
What is the test for a motion to set aside a judgment in favour of a new trial?
California, United States of America
What is the test for determining whether a latent defect in a building can be found to be a "latent defect" in a construction contract?
Ontario, Canada
What is the test for determining the sufficiency of evidence to support a conviction?
California, United States of America
Does lack of standing constitute a "favorable termination" on the merits of an action?
California, United States of America
What is the test for a variation in a parenting order?
Yukon, Canada
What is the equitable postjudgment procedure in a personal injury action?
California, United States of America
What is the "status quo" at the time of trial?
British Columbia, Canada
How can a defendant's intent to commit a crime be inferred?
California, United States of America
Is Rule 76 intended to permit short trials for simple cases with 5 medical experts, surveillance and significant issues on credibility?
Ontario, Canada
What is the test for a reasonable person to understand their entitlement to benefits and obligations under the Health and Social Care Act?
Canada (Federal), Canada
What is the test for a motion for relief in a personal injury case?
California, United States of America
What is the test for barring medical malpractice claims against an off-duty service member who sustained injuries in an incident to service?
MultiRegion, United States of America
What is the test for determining what is in the best interests of a child?
Ontario, Canada
What is the test for a purported confession in a criminal case?
California, United States of America
What is the exclusionary rule in the context of warrantless searches?
California, United States of America
What is the test for a variation to the terms of a parenting order under s. 17(5) of the Divorce Act?
British Columbia, Canada
Is a city charter invalid if it conflicts with a city ordinance?
California, United States of America
Does the manner of walking and avoidance of eye contact constitute a factor in determining reasonable suspicion?
MultiRegion, United States of America
In what circumstances will the Law Society of BC apply to the Bankruptcy and Anti-Laundering Rule?
British Columbia, Canada
How has the material contribution test been used in medical malpractice cases?
British Columbia, Canada
Is there any case law in support of the Fifth Amendment in the context of the test for 'physical evidence'?
"New York", United States of America
What is the test for obtaining an anticipatory search warrant for a controlled delivery?
MultiRegion, United States of America
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion?
California, United States of America
Does a finding of nondisability need to be overturned?
MultiRegion, United States of America
How have courts interpreted section 654 of the Criminal Code when a defendant is convicted of conspiracy to murder and a substantive offense of murdering a minor?
California, United States of America
Is an order made after judgment affecting a defendant's substantial rights affecting his substantial rights appealable?
California, United States of America
What are some cases where a trial court has failed to instruct the jury on an element of the charged offense?
California, United States of America
What is the business judgment rule for a director of a business?
California, United States of America
In what circumstances will an attorney be disqualified from representing a client in a separate federal action?
California, United States of America
What is the test for recoverable out-of-pocket expenses in the context of an award of attorney's fees?
MultiRegion, United States of America
What are the consequences of exhaustion of the state remedies used in a motion to obtain a writ of habeas corpus?
MultiRegion, United States of America
Does the Attorney General have any authority to infer that the victim was afraid of being labelled a snitch?
California, United States of America
What is the legal test for determining whether a person can be found guilty of sexual assault?
British Columbia, Canada
What is the test for possession for purpose of sale?
California, United States of America
Can a defendant be convicted under section 924(c) of the Criminal Code for failing to comply with the terms of an agreement?
MultiRegion, United States of America
Can an assignee of a mortgage rely on power of sale proceedings commenced by the mortgagee prior to the assignment?
Ontario, Canada
What is the test for a sex offender's failure to register as a registered sex offender?
California, United States of America
How have courts dealt with a defendant's claim of cumulative effect on a motion to appoint a substitute counsel?
California, United States of America
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant?
California, United States of America
What is the test for determining whether a voter initiative is constitutional?
California, United States of America
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support?
British Columbia, Canada
What is the effect of special costs for reprehensible conduct?
British Columbia, Canada
Is a defendant denied a fair trial because he was referred to by the prosecutor at trial as a man with a beard?
MultiRegion, United States of America
What is the test for a "special provision" in a property settlement agreement?
Ontario, Canada
How have the principles of novation been applied in the context of a mortgage modification agreement?
British Columbia, Canada
How have the courts dealt with the issue of support during the testimony of a defendant's support person?
California, United States of America
In what circumstances will a court order that the Pitt Polder Preservation Society be able to continue to preserve the land it owns for future generations?
British Columbia, Canada
What is the legal test for proximity between a solicitor and a third party?
Ontario, Canada
What is the procedure used by the California Court to review a sentence?
MultiRegion, United States of America
Can an individual be held responsible for the consequences of negligence caused by an independent contractor?
British Columbia, Canada
Is a motor vehicle accident a material contributing factor to emotional disorder?
British Columbia, Canada
Does a verdict form need to restate the legal principles provided in proper instructions?
California, United States of America
Are there any errors in a federal court's decisions at a resentencing for obstruction of justice and possession of a gun?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of gross vehicular manslaughter while intoxicated?
California, United States of America
When will a court grant a motion to exclude certain items of evidence from trial?
California, United States of America
What is the test to determine whether a plaintiff has a valid claim against the appellant?
California, United States of America
What is the test for enforcing an arbitration clause in a medical malpractice case?
MultiRegion, United States of America
What are the consequences of a conviction for assault with intent to cause grievous bodily harm?
California, United States of America
Does section 654 of the California Criminal Code apply to a rapist convicted of kidnapping?
California, United States of America
What is the test for rescission of a voluntary disposition?
British Columbia, Canada
What constitutes an unconscionable transaction in contract law?
Ontario, Canada
What is the test for sexual assault by a prison employee in the context of the Eighth Amendment?
MultiRegion, United States of America
When a parolee is arrested and incarcerated pending a hearing on a parole violation charge, is he entitled to bail?
"New York", United States of America
Does section 802 of the California Statutory Limitation Act, section 802, apply to a defendant who is in prison in another jurisdiction?
California, United States of America
Does a client who relies on his attorney for personal injury purposes have an obligation to timely filing in a personal injury case?
MultiRegion, United States of America
What are the relevant sections of the Motor Vehicle Act, section 129, 144, 146 and 127?
British Columbia, Canada
Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator?
California, United States of America
Is a defendant who has a history of criminal activity a "three-strikes" offender?
MultiRegion, United States of America
What is the appropriate sentence for a defendant who committed a sexual assault on a young girl?
California, United States of America
What is the consequence of a finding that a defendant committed a misdemeanor violation of section 25400, subdivision (a)(2) of the California Criminal Code?
California, United States of America
What is the applicable law in defamation cases?
Canada (Federal), Canada
What are the elements of aiding and abetting, and premeditated attempted murder?
California, United States of America
Does a postjudgment motion for reconsideration need to be treated as a motion for a new trial?
California, United States of America
Can a solicitor dismiss the paragraph “It is anticipated …” as meaningless?
British Columbia, Canada
Does security interest on a loan need to be repaid?
MultiRegion, United States of America
What is the test for ineffective representation in a civil case?
California, United States of America
Is it a Fourth Amendment search for a police officer to see an item that is exposed to public view?
California, United States of America
How have the courts treated the issue of common law debt against the city?
"New York", United States of America
Is there a categorical match between the federal and state criminal statutes?
MultiRegion, United States of America
How have the courts treated the qualifications of an on-the-job instructor in a medical malpractice case?
Ontario, Canada
What is the evidentiary test for a reference under the Firearms Act?
Ontario, Canada
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
Does a petition for writ of habeas corpus need to be served prior to filing?
California, United States of America
What is the test for a promise in a motor vehicle accident claim?
California, United States of America
Does a failure to request an evidentiary hearing constitute ineffective assistance of counsel?
California, United States of America
What is the burden of presenting a motion for resentencing?
California, United States of America
What is the test for unanimity instruction in a criminal case where a defendant's criminal actions are interrelated and/or interrelated?
California, United States of America
When a judgment is appealed from, does the judgment need to be joined by all other parties?
MultiRegion, United States of America
Does a grievance need to contain an entire set of facts?
MultiRegion, United States of America
Can a section of a municipal by-law containing cumulative penalties be quashed?
Ontario, Canada
What is the test for interpreting "plain meaning" of a statute?
MultiRegion, United States of America
What is the substantial evidence rule on appeal?
California, United States of America
Is there a reasonable likelihood the prosecutor's remarks to the jury misled the jury?
California, United States of America
What is the test for certifying a witness as an expert?
California, United States of America
What is the current state of the law on privacy protection in the digital age?
California, United States of America
What is the tort of civil conspiracy in the context of lightweight aggregate litigation?
British Columbia, Canada
Does a jury need to be instructed on the presumption of sanity at trial?
California, United States of America
How is an appeal against an award of attorney's fees reviewed for abuse of discretion?
MultiRegion, United States of America
Under what circumstances will a defendant be convicted under the new "gift" rule?
MultiRegion, United States of America
What is the test for a defense based on the amount of marijuana petitioner possessed at the time of his arrest?
MultiRegion, United States of America
What is the test for a conspiracy to commit murder?
California, United States of America
Does Section 3553(f) of the Criminal Code allow a first time drug offender to avoid the statutory minimum in his sentence?
MultiRegion, United States of America
What is mandatory relief under section 473, subdivision (b) of the Attorney Fault Act?
California, United States of America
How have courts interpreted language in the context of a statutory requirement that states that a person must have a valid claim to be registered as a registered invalid?
California, United States of America
In what circumstances will the California Municipal Commission review a notice of appeal containing derogatory statements?
California, United States of America
How has the court considered whether a witness was intoxicated at the time of the event?
California, United States of America
Can counsel argue from the evidence that a witness's testimony is unsound, unbelievable or even patent lie?
California, United States of America
What is the standard of review attending a denial of a motion for mistrial for abuse of discretion?
MultiRegion, United States of America
What are the elements of a rational trier of fact for a defendant to have found him guilty of first degree murder?
California, United States of America
If an advance to Premier is not an investment contract, is it a note?
Manitoba, Canada
Is there any case law where a defendant was so intoxicated that he could not entertain a specific intent to inflict grievous bodily harm?
California, United States of America
