Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for expert testimony in the context of a medical malpractice claim?
California, United States of America
What is the test for whether a jury has been instructed correctly?
California, United States of America
Third, Does a minor have to rely on a search warrant or other search warrant?
California, United States of America
How have courts interpreted anti-assignment provisions in structured settlement agreements?
California, United States of America
What is the impact of sanctions against a member of the Royal Canadian Navy who commits acts of sexual assault?
Northwest Territories, Canada
What is the defense of entrapment by estoppel?
MultiRegion, United States of America
What is the joint custody designation?
Nova Scotia, Canada
What is the range of damages awarded to the wife for the increase in value of the properties owned by the husband before the marriage?
Alberta, Canada
Can a defendant be convicted of second degree murder on an implied malice theory if he is found to have been intoxicated?
California, United States of America
What is the test for a plaintiff to recover for damages that could reasonably have been avoided?
Ontario, Canada
What is the evidence that the appellant waived her right to remain silent in a police interview?
California, United States of America
When a piece of evidence in the possession of the prosecution is destroyed because the prosecution finds it necessary to consume the evidence in order to test it, does the destruction violate due process?
California, United States of America
Does a defendant have any case law or case law relating to ineffective assistance of counsel?
California, United States of America
What constitutes an act in furtherance of a person's right of petition or free speech in connection with a public issue?
California, United States of America
Does the common law presumption of advancement apply where a husband contributes towards a jointly held asset?
British Columbia, Canada
What factors must the court consider in determining a divorce under s. 15.2(4) of the Divorce Act?
British Columbia, Canada
Can a plaintiff recover damages for loss of housekeeping capacity from a family member?
British Columbia, Canada
What is the test for credibility of evidence in a personal injury trial?
British Columbia, Canada
Can a prosecutor imply that the defense was fabricated?
California, United States of America
What is the test for admitting experimental evidence at trial?
California, United States of America
Is a finding that plaintiffs failed to establish the claimed boundary line by adverse possession supported?
California, United States of America
What is the test for determining whether a person intended to transfer a child as a gift?
British Columbia, Canada
What is the test for res judicata?
MultiRegion, United States of America
What is the test for a medical malpractice claim for battery rather than negligence?
California, United States of America
Under what circumstances will the elements test be used to determine that possession of drugs is not included in the transportation of drugs?
California, United States of America
Is a fee estimate binding or binding?
British Columbia, Canada
What is litigation privilege and what is its impact?
Northwest Territories, Canada
What is the effect of an escorted absence on the risk of reoffending?
Canada (Federal), Canada
What are the elements of a conspiracy to commit a crime?
California, United States of America
What is the test for exercising "rights of custody" under the Hague Convention?
Ontario, Canada
What is the test for a federal court to rule on the facts of a motion brought by a plaintiff in a civil case?
MultiRegion, United States of America
What government action engages with the duty to consult?
Canada (Federal), Canada
What is the test for a defendant to appeal against a finding that no prima facie case has been established?
California, United States of America
What is the legal test for ineffective assistance of counsel?
California, United States of America
Does a jury need to be instructed that they can consider sympathy when making a penalty determination?
California, United States of America
What is the test for a "hit and run" claim?
California, United States of America
What is the test for branch 1 of the section 19 exemption?
Ontario, Canada
What is the test for finding an employer to be liable for sexual harassment?
MultiRegion, United States of America
What is the standard of review on appeal of the evidence supporting the finding of premeditated and deliberate murder?
California, United States of America
Is a pro se prisoner who cannot afford an attorney standing alone in court standing alone, standing alone?
MultiRegion, United States of America
Can a jury infer a person's gang membership based on their tattoos?
California, United States of America
Does a defendant have to waive his right to directly appeal his conviction and sentence?
MultiRegion, United States of America
What is the effect of the delay between the arrest and trial of John Favors on his right to a speedy trial?
MultiRegion, United States of America
What is the test for a judge to determine whether a plaintiff has been successful in a motion for wrongful dismissal?
MultiRegion, United States of America
Is there sufficient evidence to convict an individual who committed a sexual assault on a minor?
California, United States of America
What is the test for enforcing a prescriptive title against a defendant who has a right to possession of a property that is not enforceable?
California, United States of America
In a forma pauperis case, can a claim be dismissed as frivolous?
MultiRegion, United States of America
Is Section 654 of the Criminal Code factually applicable to a given series of crimes?
California, United States of America
What are the costs of an administrative tribunal?
British Columbia, Canada
Does a judge have authority to dismiss a qualifying "prior" in the interest of justice?
California, United States of America
What is the burden and standard of proof applicable in cases involving s. 19(1) of the BC Insurance Act?
British Columbia, Canada
What is the test for assessing an unemployed rebuttal in a municipal employment application?
Alberta, Canada
Does a court have a duty to instruct?
California, United States of America
What is the test for admissibility of evidence for abuse?
California, United States of America
Can a prosecutor be found to have committed misconduct by presenting evidence that the prosecutor knows is inadmissible?
California, United States of America
What is the test for a jury to determine whether a defendant acted with intent or deliberation in a motor vehicle accident?
California, United States of America
Is substitutional service required to obtain a foreign judgment?
British Columbia, Canada
What is the test for a claim of prosecutorial misconduct?
California, United States of America
Is there any case law where a federal district court erred by failing to pronounce sentence on each count?
MultiRegion, United States of America
What is the testator's gift of residue in a will?
Saskatchewan, Canada
What is the standard for review on habeas corpus in the context of the prosecution's improper conduct?
MultiRegion, United States of America
What is the test for establishing that negligence was the sole cause of injury?
Ontario, Canada
When will a judge exercise his discretion in sentencing a defendant to a sentence that is too long?
California, United States of America
What is the effect of equalization payments made after a divorce?
Ontario, Canada
What is the test for excluding hearsay evidence in a civil case?
California, United States of America
What is the test for granting an interim injunction?
Ontario, Canada
What factors must a court consider when determining probable cause for arrest?
California, United States of America
What is the impact of section 7962 of the California Family Law Code on a plaintiff's claim that she did not receive independent legal advice regarding her contract?
California, United States of America
What is the current state of the law with respect to mental health issues?
MultiRegion, United States of America
What is the test for evidence of voluntary intoxication in a murder case?
California, United States of America
What is the difference between defense and defence?
California, United States of America
What is the test for a jury to convict a defendant of two counts of attempted first degree robbery?
California, United States of America
Does a motion to renew and reargue an oral decision in a criminal matter need to start from the time it was issued?
"New York", United States of America
What is the test for an interim award of spousal support?
British Columbia, Canada
What is the defence of qualified privilege in a defamation action brought by the Respondent Hrynchuk?
Alberta, Canada
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the difference between a probable cause issue and a statute-of-limitations issue?
MultiRegion, United States of America
What is the test for making an order that would have been made by a different judge?
California, United States of America
Does a party forfeits their claim of error if they fail to report the error to the trial court in a timely manner?
California, United States of America
What is the current state of mind of a deceased person under the hearsay rule?
British Columbia, Canada
What is the definition of "exigent circumstances" in the context of a search and seizure application?
MultiRegion, United States of America
When will a federal court refuse to give an instruction defining reasonable doubt?
MultiRegion, United States of America
Does a joint family venture analysis need to be conducted?
Ontario, Canada
What is the test for whether a person has a right to privacy in the context of the Fourth Amendment?
MultiRegion, United States of America
What is the test for a new federal statute in the context of the Civil Procedure Act?
MultiRegion, United States of America
What is the appropriate date for the consent of the left behind parent in cases of openended or indeterminate consent?
Nova Scotia, Canada
What is reasonable notice for employees in their 40s and 50s?
Alberta, Canada
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence?
California, United States of America
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award?
California, United States of America
Is a chiropractor required to exercise the standard of care expected of a normal, prudent chiropractor?
British Columbia, Canada
What is the test for retaliation under the First Amendment?
MultiRegion, United States of America
What are the guiding factors for awarding personal costs against counsel personally?
Ontario, Canada
Is a strata entitled to refuse to pay for a temporary boiler?
British Columbia, Canada
What statutory references have been made to Section 425.16 of the California Code of Civil Procedure?
California, United States of America
Can a prison official deny or delay medical care for a prisoner's serious medical needs?
MultiRegion, United States of America
What is the evidence supporting the charge of failure of good behavior under the California Public Safety Act?
California, United States of America
Does section 186.22(b)(1) of the California Criminal Code increase the sentence of a person convicted of a felony committed for the benefit of, at the direction of or in association with a criminal street gang?
California, United States of America
Is a cause of action sufficiently pleaded to stop the demolition of a building in a residential development?
California, United States of America
When a traffic stop is supported by probable cause, can the occupants of the car be released from custody after 5 to 6 minutes of questioning?
MultiRegion, United States of America
What is the relevant evidence relevant to whether a murder was planned and deliberate?
British Columbia, Canada
How has the court dealt with forfeiture of a vehicle seized from a defendant in a motion to appeal against his conviction for second degree murder?
California, United States of America
What is the test for determining whether a company can obtain compensation from a third party for failing to provide a proper risk assessment?
California, United States of America
Does the failure to charge the jury that accomplice testimony should be scrutinized with special care and caution constitute plain error?
MultiRegion, United States of America
Is Urbain Ntambwe's counsel responsible for any misconduct in the course of the litigation?
Alberta, Canada
What is the date used in matrimonial property valuations?
Alberta, Canada
What are the grounds for reconsideration in a workers’s reconsideration application?
British Columbia, Canada
Does a change in beneficiaries of a life insurance policy change the beneficiaries of the beneficiary of the deceased's life insurance policies violate section 172 of the Civil Code?
California, United States of America
How has the principle of comity been interpreted in the context of multi-jurisdictional torts?
Ontario, Canada
Can a judge be found to have immunity from prosecution?
MultiRegion, United States of America
Is a defendant's failure to raise in the trial court the claim that this act has been violated bars assertion of the issue on appeal?
MultiRegion, United States of America
What are the leading authority on assessing damages in libel actions?
British Columbia, Canada
What is the test for determining damages for failure to follow recommended treatment by a qualified medical professional?
British Columbia, Canada
Are fellow shareholders in a corporation not considered partners?
British Columbia, Canada
What is the preponderance of evidence supporting a finding that a front end loader driver's front-end loader hit a pot hole on October 11, 2016?
British Columbia, Canada
What constitutes reversible misconduct by a prosecutor in a sexual assault case?
California, United States of America
What is the standard of review in determining whether the evidence was sufficient to sustain a conviction or support the denial of a section 1118.1 motion?
California, United States of America
What is the test for determining prejudice against a convicted rapist who has a criminal record of multiple sexual assaults and violent attacks?
MultiRegion, United States of America
What is the test for estoppel to prevent a defendant from asserting the statute of limitations?
California, United States of America
Does a specific fund need to be established to support a specific claim?
Ontario, Canada
Can a husband who locks his wife out of his home for refusing to allow her to return home from a visit without his consent receive alimony?
Saskatchewan, Canada
Does a passenger have any legal obligation to keep a look-out on a train?
Saskatchewan, Canada
Is a trustee's financial condition relevant in establishing his knowledge of how property taxes are assessed?
California, United States of America
What are the elements of the test for infliction of emotional distress?
MultiRegion, United States of America
What jurisdiction does an extradition judge have at a committal hearing under the Extradition Act?
British Columbia, Canada
Does the statute of limitations apply to medical malpractice actions?
California, United States of America
What is the test for denying a motion to substitute counsel for a defendant's attorney?
California, United States of America
What is the interpretative principle to apply to the statutory leave test?
Ontario, Canada
Does the trial court abuse its discretion in failing to exclude the ax for being more prejudicial than probative?
MultiRegion, United States of America
In what circumstances have the courts found that CALCRIM No. 220 of the California Criminal Code, or Cal.Crim No.220, is sufficient to compel a jury to find that a prosecutor must prove each element of the crime beyond a reasonable doubt?
California, United States of America
Does functus officio operate to prevent an investigator from re-opening her investigation?
Canada (Federal), Canada
Can a false promise or representation be proven to be fraudulent under the parol evidence rule?
California, United States of America
What is the current state of the law on supervised release for a convicted sex offender?
MultiRegion, United States of America
In what circumstances will a defendant be denied relief under section 2255 of the Criminal Code for failing to provide an evidentiary hearing?
MultiRegion, United States of America
Is a defendant liable for damages that are not related to crumbling skull injuries?
British Columbia, Canada
Does probable cause exist to arrest defendant for DUI?
California, United States of America
Does a district judge have adopted findings from Puget Sound to the extent of their applicability?
MultiRegion, United States of America
Does a court have to make a necessity instruction that a person must leave the scene of the crime and contact the authorities immediately after the crime has been committed?
California, United States of America
What evidence supports a defendant's Miranda claim?
California, United States of America
Is section 452 of the California Vehicle Code applicable to a person riding a bicycle?
California, United States of America
Can a plaintiff refer to a prior pleading in order to make an amended complaint complete?
MultiRegion, United States of America
What is the current state of the law on an immediate gift to a charity under a will?
Saskatchewan, Canada
What is the test for a search and seizure de novo?
MultiRegion, United States of America
Does the Court have any authority or authority to dismiss an appeal by property owners who have failed to set the one-month deadline for setting the appeal for hearing?
British Columbia, Canada
Can a contract be void from the start if both parties make a mistake in the construction of the contract?
British Columbia, Canada
What is the test for finding good cause to delay appellant's trial to permit him to be tried with codefendants?
California, United States of America
What is the case law on domicile?
Manitoba, Canada
Does a valid declaration have the same force and effect as an affidavit?
California, United States of America
Is there any case law where a plaintiff's delay in seeking damages from appellants in a personal injury action is justified?
California, United States of America
What is the test for reasonable suspicion in a vehicle stop?
MultiRegion, United States of America
Is a person constructively discharged if they were terminated because of intolerable and discriminatory working conditions?
MultiRegion, United States of America
Is it a violation of the California State Bar to suspend an attorney for defending a plaintiff in a libel case?
California, United States of America
What is the test for determining whether a defendant was prejudiced when responding to a response from the trial court?
California, United States of America
In what circumstances will a defendant have to bear their own costs?
British Columbia, Canada
Does section 31 of the California Code of Civil Procedure bar an aider and abettor in a sexual assault case?
California, United States of America
Does a trial court have a constitutional right to cross-examining a witness during cross-examination?
California, United States of America
Can a reversal of a jury's verdict for insufficient evidence be reversed?
California, United States of America
How have courts treated allegations of bias against a trial judge?
California, United States of America
What are the elements of the crime of actively participating in a criminal street gang?
California, United States of America
Does a police officer have qualified immunity for conducting an unconstitutional search?
MultiRegion, United States of America
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
Does a strata have the authority to allocate common expenses on the basis of unit entitlement?
British Columbia, Canada
Is there any case law in which a plaintiff can claim damages for damages arising out of a natural occurrence?
British Columbia, Canada
What is the test for a plaintiff to accept a settlement offer?
British Columbia, Canada
What are the reasonable legal parameters within which a judge can set aside a default judgment?
Newfoundland and Labrador, Canada
What is the burden of proof for a vocational expert to determine whether a claimant can return to his or her previous job?
MultiRegion, United States of America
What is the statute of limitations for a claim for breach of fiduciary duty?
"New York", United States of America
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation?
California, United States of America
Is there any case law where a defendant has been convicted of a charge of second degree murder in relation to a criminal activity?
California, United States of America
What is the test for harmonizing sections of a statute?
California, United States of America
Is a mistake of law a recognized defense in a criminal case?
California, United States of America
What are the implications of the BCSC 728 Recitals?
British Columbia, Canada
What is the test for assessing a child's cognitive development in a sexual assault case?
California, United States of America
How have courts interpreted the doctrine of contribution for costs and attorney fees?
California, United States of America
What is the retroactive nature of a child support award?
Ontario, Canada
How have courts considered "supra" (supra) in an arbitration decision?
Saskatchewan, Canada
What is the definition of "property damage" in the terms of the Personal Injury Policy?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the test for habeas corpus relief from a conviction for aggravated robbery?
MultiRegion, United States of America
What is relevant evidence in a civil case?
California, United States of America
What is the legal test for the need for a complete administrative review of a property tax assessment?
California, United States of America
What is the test for an appeal from a judgment that awards attorney fees but does not determine the amount awarded?
California, United States of America
What is the proper test for a witness to be found to have deliberately concealed the truth?
"New York", United States of America
Can an employer impose discipline on an employee who is unable to perform any work for a substantial period of time?
Ontario, Canada
What is the test for making a showing of intent to sue for damages?
California, United States of America
What is the test for emotional distress in a motor vehicle accident?
California, United States of America
What is the test for establishing that a state court is bound by its own law?
MultiRegion, United States of America
What factors will be considered in determining the appropriate scale of costs under the BCSC 1473, para. 6 of the Cost of Education Act?
British Columbia, Canada
When will a jury consider a defendant's past as a mitigating factor in his sentencing?
California, United States of America
If a motion is granted in favour of bringing a cross-complaint to trial, can the motion also be denied because the parties had failed to reach a settlement?
California, United States of America
What is the testator's obligation to make provision for the dependent spouse after his death?
British Columbia, Canada
What constitutes misconduct under state law?
California, United States of America
Does the exclusion of Juror No. 2's testimony in a sexual assault case invalidate defendants' claim of ineffective assistance?
California, United States of America
Does section 186.22(b)(1) of the Criminal Code of California apply to gang members who are not members of a criminal gang?
California, United States of America
What is the current state of the law in relation to the Tobacco Reform Act?
British Columbia, Canada
What is the test for terminating spousal support?
Ontario, Canada
What is the test for imputing income for child support purposes?
Ontario, Canada
What is the test for having a unanimous verdict in a criminal case?
California, United States of America
What is the test for probable cause in a home invasion case?
MultiRegion, United States of America
What is the totality of the evidence against defendant in his possession of a controlled substance?
California, United States of America
In what circumstances will the police force be able to search a car that is impounded by the police?
California, United States of America
