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 emotional distress damages for an attorney who provided advice to a business client regarding the termination of a managerial employee?
California, United States of America
What is the test for instructing a jury on self defense and defense of property?
MultiRegion, United States of America
How has strict liability been applied to the medical profession?
California, United States of America
What is the test for obtaining a warrant to search a house?
"New York", United States of America
What is the range of contributory negligence awards for a plaintiff who falls on a patch of ice?
Ontario, Canada
What is the effect of text messages on a police report?
California, United States of America
What is the legal test for good and workmanlike conduct under contract?
Newfoundland and Labrador, Canada
What is the appropriate approach to sanction in circumstances of multiple findings of professional misconduct?
British Columbia, Canada
Is a condition of probation valid even if it relates to conduct that is not itself criminal?
California, United States of America
In what circumstances will a jury consider voluntary manslaughter?
California, United States of America
What is the test for standing in a medical malpractice action?
MultiRegion, United States of America
What is the test for an attempted murder?
California, United States of America
What authority does the state have to regulate the distribution of sexually explicit material for the purpose of protecting the privacy of nonconsenting adults?
California, United States of America
What is the test for a three-judge panel to reject a prior opinion as having effectively overruled?
MultiRegion, United States of America
What is the test for challenging a sentence in a federal criminal case?
MultiRegion, United States of America
What is the test for a "reasonably contemplated" action?
British Columbia, Canada
What is the standard of review when assessing findings of fact based inferences?
Manitoba, Canada
Can a finding at a probation revocation hearing specifically find that evidence of a crime allegedly committed by the probationer has not been demonstrated by the requisite quantum of proof?
California, United States of America
What is the current state of the law on the primary mobility case?
Manitoba, Canada
Can a defendant invoke the Fifth Amendment against self-incrimination in a civil proceeding?
California, United States of America
What is the test for establishing substantial evidence to support a murder conviction?
California, United States of America
What is the standard of review for a protective order under the DVPA?
California, United States of America
What is the liability of an employee or director of a corporation for inducing or procuring a breach of contract?
Ontario, Canada
What is the current state of the law on the death penalty?
California, United States of America
What is the test for establishing an abandonment of a property?
California, United States of America
What is the test for a lender to charge for the use of a borrower's horse?
Saskatchewan, Canada
What is the burden of establishing an evidentiary basis for imputing income to the other spouse?
British Columbia, Canada
What is the test for obtaining permission to file a new habeas petition?
MultiRegion, United States of America
Is a motion to dismiss an indictment based on charges of outrageous governmental conduct a question of law to be reviewed de novo?
MultiRegion, United States of America
What is the test for making an application to set aside a final judgment?
Ontario, Canada
What is the test for ineffective counsel in this case?
California, United States of America
What is the standard of evidence required to support a claim of retaliation in an employment action?
California, United States of America
What is a constructive trust and what is the test for such a trust?
British Columbia, Canada
Does secondary picketing constitute a nuisance?
Ontario, Canada
What is the test for a conviction for making a false statement in an affidavit?
MultiRegion, United States of America
Is an employer required to compensate an employee for his moving expenses and costs of selling his home?
British Columbia, Canada
Is a defendant entitled to a substantial indemnity cost for refusing to settle?
Ontario, Canada
Can a patient sign an arbitration agreement that binds his or her heirs in a wrongful death action?
California, United States of America
Does a probation officer have to serve two consecutive terms of probation?
California, United States of America
What is the test to determine whether questioning constitutes interrogation?
MultiRegion, United States of America
What is the duty of a university to accommodate a student with a learning disability?
Ontario, Canada
Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"?
California, United States of America
In what circumstances will the court order the production of statements taken by opposing parties?
British Columbia, Canada
What is the standard for ineffective assistance of counsel?
California, United States of America
What is the burden of carrying out brandishing on a defendant?
California, United States of America
What is the test for appointing counsel for an indigent civil plaintiff?
MultiRegion, United States of America
What is the test for establishing that lockdown violated the Eighth Amendment?
MultiRegion, United States of America
What is the effect of a plea agreement that states that a defendant will not be affected by a change in the statutory consequences of a criminal conviction?
California, United States of America
What is the test for using the term "any non-judicial body" in a reference to vexatious litigant proceedings?
Alberta, Canada
Does a lessor have jurisdiction to recover possession of real property in a special proceeding?
California, United States of America
What is the constitutional obligation of the prosecution to produce a complete accounting to the defense of all evidence in its possession?
MultiRegion, United States of America
What is the range of reasonableness for using the term “reasonable” in a claim?
British Columbia, Canada
What are the consequences of discovering defects in a home after taking possession of a property?
British Columbia, Canada
What is the current state of the law on the duty of a selling agent to verify or assess the accuracy of information given to a prospective buyer?
British Columbia, Canada
Is a burglary a violent crime?
California, United States of America
What is the impact of a spouse's contribution to the acquisition, preservation and maintenance of the family home?
British Columbia, Canada
Can a lawyer obtain a desk order for divorce from the opposing counsel?
British Columbia, Canada
What is the test for rebuttable presumption of a resulting trust?
Ontario, Canada
Can the prosecution impeach a testifying defendant with statements obtained from his own counsel in violation of his Sixth Amendment right to counsel?
California, United States of America
Is there an obligation to pay reasonable compensation for work done in the absence of a binding contract?
British Columbia, Canada
What is the test for restricting cross-examination in a personal injury case?
California, United States of America
Does a beneficiary have an immediate possessory interest in a property in a bare trust?
British Columbia, Canada
Does the Chief of Police have jurisdiction to award attorneys' fees in a Bill of Rights case?
California, United States of America
What is the test for damages for negligent infliction of emotional distress?
California, United States of America
Is there any case law where a plaintiff has been found guilty of a tortfeasor's negligence?
British Columbia, Canada
Can a defendant who originally pleaded guilty to a charge of perverting the course of justice by making false statements at trial be found guilty of the same charges at the same time?
"New York", United States of America
What is the difference between duty of care and standard of care?
Ontario, Canada
What is the scope of an independent review of the record presented to the trial court in camera?
California, United States of America
In what circumstances will an off duty police officer shoot and kill a suspect?
MultiRegion, United States of America
Does beating that occurs within the context of an arrest or detention constitute persecution?
MultiRegion, United States of America
In what circumstances will a jury accept the recantation of a witness?
California, United States of America
What is the test for determining a child’s suitability for adoption?
Ontario, Canada
What is the test for nonfeasance by the California Highway Patrol in a motor vehicle accident?
California, United States of America
What is the standard of review on appeal for parole violation?
California, United States of America
What is the test for liability under section 52.1 of the California Civil Rights Code for threats, intimidation or coercion?
California, United States of America
What is the test for determining whether a person has a present intention to establish a permanent home in a residential unit?
Saskatchewan, Canada
When will a rule pertaining to the conduct of an entity's employees apply in the premises liability context?
California, United States of America
In what circumstances will the adjudicator refuse to order production of an audio-visual recording of an incident where a motor vehicle accident occurred?
British Columbia, Canada
What is the test for a conspiracy to commit a crime?
California, United States of America
In what circumstances will the court award damages for unjust enrichment?
Ontario, Canada
Does a defendant have the ability to pay the restitution fine under section 1202.4 of the California Criminal Code?
California, United States of America
What is the test for disclosure of records of a police officer in a criminal case?
California, United States of America
Does the applicant have any knowledge to make a claim?
Ontario, Canada
What is the burden of proving an administrative body’s interpretation of its home statute was unreasonable?
British Columbia, Canada
What is the test for establishing a fraudulent transaction?
Saskatchewan, Canada
What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat to a person who is under threat of execution?
California, United States of America
What is the test for a multiplier in a personal injury claim?
Ontario, Canada
Is an employer entitled to a cost of action against an employee who sued for retaliation against the employer?
California, United States of America
What is the prosecution's burden to prove the elements of a sentence enhancement under the California Robbery Act?
California, United States of America
What authority has been relied on to obtain judicial relief from the undertaking?
British Columbia, Canada
Can a defendant testify that he invoked his Miranda right after being arrested?
MultiRegion, United States of America
What is the effect of off-setting claims on a garnishing order?
British Columbia, Canada
What is the test for striking and dismissing class allegations?
California, United States of America
What is the scope of the defence's access to the affidavit supporting the application for an authorization to wiretap?
British Columbia, Canada
What is the practical result of plaintiff's claim to have been successful in its action against the Real Parties?
California, United States of America
Does a bank have the authority to strike out certain parts of its statement of claim relating to derivative claims?
British Columbia, Canada
What is the test for purchasing groceries in a medical malpractice case?
MultiRegion, United States of America
What is the test for determining whether a defendant is limited to a single section 1538.5 pretrial hearing in the superior court?
California, United States of America
Does section 1108 of the California Criminal Code, which prohibits the prosecution of certain criminal offences, violate any fundamental principle of due process?
California, United States of America
Is a lesser included crime to another crime where both crimes are charged?
California, United States of America
What is the test for proving a violation of Section 1519 of the Civil Code of Civil Procedure in the context of an investigation into the activities of the FBI?
MultiRegion, United States of America
Does section 1159 require the trial court to instruct the jury on attempted forcible oral copulation?
California, United States of America
What is the test for evidence of intent in a motor vehicle case?
California, United States of America
What is the current state of the law on discretion of the trial court in assessing the probative value of evidence under section 352 of the Evidence Code?
California, United States of America
When will a court restrict access to a parent's right to determine where the child should live?
British Columbia, Canada
Does the ends of justice exception bar a petitioner from making a second claim of constitutional error in a separate federal petition?
MultiRegion, United States of America
How has the Attorney General argued that a different warrant would have been issued from any judge in the world?
California, United States of America
What is the role of a preliminary inquiry judge in determining guilt?
Ontario, Canada
What is the test for establishing that a harmless error in admitting to a guilty plea is harmless?
MultiRegion, United States of America
Can Peoria Police make arrests under the Civil Rights Act?
MultiRegion, United States of America
What is the test for misconduct in a trial where a prosecutor accused defense counsel of "disingenuous" and "lawyer speak for lying to you"?
California, United States of America
What is the test for a search without a warrant or probable cause?
California, United States of America
What is the test for evidence of intent in a motor vehicle case?
California, United States of America
What is the test for determining guilt beyond a reasonable doubt?
California, United States of America
How have the courts in B.C. dealt with division of assets in a long-term marriage?
British Columbia, Canada
What is the test for mobility requests on mobility requests?
Ontario, Canada
When a Minister resorts to a net worth assessment, what is the burden of proof against the Minister's assessment?
Canada (Federal), Canada
How has section 821.6 of the California Human Rights Code been interpreted by the Court of Appeal?
MultiRegion, United States of America
Can a business that provides services for off-the-reserve employees be considered to be in the commercial mainstream and subject to income tax?
Canada (Federal), Canada
Can a plaintiff refer to prior pleadings in order to make his second amended complaint complete?
MultiRegion, United States of America
Does a death row inmate who has been convicted of a capital crime and sentenced to death have a right to a court-appointed counsel?
California, United States of America
What is the basis for interfering with a judge's decision in a personal injury case?
British Columbia, Canada
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust?
Ontario, Canada
What are the elements for a cause of action for negligent misrepresentation?
California, United States of America
What is the test for issuing a certificate of probable cause for appeal?
California, United States of America
What is the current state of the law in relation to the issue of material evidence in perjury cases?
California, United States of America
What is the impact of prolonged conflict between parents in high conflict?
British Columbia, Canada
Can an individual be held criminally liable for encouraging or facilitating the commission of a crime?
California, United States of America
What is the legal test required to be successful in a civil rights action?
MultiRegion, United States of America
What is the test for a warrantless search of a seized property?
California, United States of America
Can Rule 37 apply to an offer to settle an issue concerning costs?
British Columbia, Canada
What is the test for compelling a witness in a criminal case?
MultiRegion, United States of America
Is there an air of reality to the defence of honest belief in consent?
Canada (Federal), Canada
What is the test for ineffective assistance in a motion for writ of habeas corpus?
California, United States of America
What is the test for finding prejudice in a motion to compel a party to attend arbitration?
California, United States of America
What is the test for a declaration of constructive trust?
British Columbia, Canada
What is the test for introducing fresh evidence on appeal?
British Columbia, Canada
In what circumstances can a solicitor be said to be present in a transaction where the solicitor's proximity to investors was so close to the investors' solicitor that the solicitor failed to inquire?
British Columbia, Canada
Can a confession be used as evidence against a co-accused?
Alberta, Canada
What is the test for making a declaration asserting an unspecified number?
California, United States of America
How has the court considered “relationship by blood” in the context of an application for spousal support?
Ontario, Canada
What is the test for a court to determine the best interest of the child in a custody dispute?
California, United States of America
What are the costs and attorney's fees awarded in a personal injury action?
California, United States of America
What is the test for a motion for an evidentiary hearing regarding allegations that a jury improperly considered extrinsic evidence?
MultiRegion, United States of America
What is the test for an allegation that the individual respondent subjected her to a reprisal for rejecting her sexual advances and solicitations by not paying her?
Ontario, Canada
If a wife stops receiving spousal support, does the wife need to continue to work?
Ontario, Canada
What is the test for defamatory language in a letter to the board of directors of CCNH?
New Brunswick, Canada
Is there any case law in which a plaintiff's complaint in a medical malpractice case has a psychological rather than physical explanation?
British Columbia, Canada
What is the standard for awarding special costs in a personal injury action?
British Columbia, Canada
What is the test for establishing that a defendant has been found to be a "sincere and reasoned" witness?
California, United States of America
Can the Attorney General bring an action in the name of the People?
California, United States of America
What is the test for calculating a jury's verdict in a motor vehicle accident case?
California, United States of America
What is the test for determining whether a defendant has the ability to pay a restitution fine?
California, United States of America
What is the test for cross-examination under oath?
Nunavut, Canada
What is the burden of resuming a sentence for a theft?
California, United States of America
How have the findings been determined in a personal injury action?
California, United States of America
What is the test for establishing a "special employment relationship" between a company and an individual?
California, United States of America
What is the test for admitting and considering hearsay evidence at a probation revocation hearing?
California, United States of America
What is the test for reversal of a finding in a medical malpractice case?
California, United States of America
Can a motion for a new trial based on newly discovered evidence be reviewed for abuse of discretion?
MultiRegion, United States of America
What is the appropriate notice period for a manager to be terminated?
British Columbia, Canada
What is the range of non-pecuniary damages for a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
What is the effect of a judgment of Holroyd Pearce L.J. 521 at 523 (1.5) at 521?
Alberta, Canada
Does section 654 of the California Code of Civil Procedure require the trial court to rule that there are two named victims in a single count of shooting from a motor vehicle?
California, United States of America
What is the test for proving discriminatory effect when a plaintiff is charged with criminal contempt?
MultiRegion, United States of America
Can a jury's verdict be vacated and a new trial ordered?
California, United States of America
Does bad faith constitute a basis for punitive damages?
California, United States of America
Is there a risk of a child dangling like a yo-yo at the end of their parents' string if a judge grants an interim order to change custody on an interim motion?
Ontario, Canada
What is the impact of an agreement requiring independent legal advice?
British Columbia, Canada
How have we dealt with the issue of federal subject matter jurisdiction?
MultiRegion, United States of America
What is the testator's mental state when making a will that changes the words "England" and "United States" in the last codicil?
Manitoba, Canada
Whether jury misconduct is prejudicial because of the extraneous information used by the prosecutor in the case of grounds for failure to object to the prosecution's use of a chart?
MultiRegion, United States of America
Is a supervisor liable for failing to act on a report of an unconstitutional act by a subordinate that resulted in injuries to an inmate?
MultiRegion, United States of America
Is Bergna entitled to qualified immunity in a civil case where he is accused of violating Finkelstein's First Amendment right to speak publicly?
MultiRegion, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
Does the Court have jurisdiction to stay a claim?
Nova Scotia, Canada
Does a full indemnity order need to be ordered between opposing litigants?
British Columbia, Canada
What is the test for rule 12.02?
Ontario, Canada
How have disclosure provisions been interpreted in a personal injury case?
MultiRegion, United States of America
What is the test for mitigation in a union dispute?
British Columbia, Canada
What is sufficient evidence to sustain a conviction for assault against a defendant who allegedly beat a victim with a belt on the eve of Thanksgiving?
California, United States of America
Is a prisoner's medical records sufficient to constitute a claim for deliberate indifference?
MultiRegion, United States of America
Is an international obligation binding Canada at international law but enforceable in Canadian law?
Canada (Federal), Canada
What is the current state of the law on civil liability for civil servants in civil matters?
"New York", United States of America
What constitutes an "attempt" to commit a lewd act upon a child?
California, United States of America
In what circumstances will a jury be allowed to interpret jury instructions?
MultiRegion, United States of America
When a jury finds a defendant guilty of a single discrete crime, does the court have to give a unanimity instruction?
California, United States of America
What is the test for excluding evidence that a defendant had a propensity to commit acts of domestic violence?
California, United States of America
What is the standard of review for findings of fact?
Ontario, Canada
Is any sexual penetration sufficient to complete the crime of sodomy?
California, United States of America
Is there any gaps between a plaintiff’s medical visits?
British Columbia, Canada
What is the test for an application to amend the statement of claim in the Abacus litigation?
Alberta, Canada
Does the trial court have to exclude the police interviews of defendant York from his Miranda rights?
California, United States of America
What is the range of factors used by the Court to determine whether a defendant has a mental health issue?
California, United States of America
Can a judge reserve voir dire for himself and exclude counsel from the voir?
California, United States of America
Is there any case law supporting a claim that failure to install an inadequate truss was not to blame for the collapse of a structural support structure?
California, United States of America
Who has the burden of establishing whether a petitioner is eligible for resentencing?
California, United States of America
What is the test for coercive testimony in a sexual assault case?
California, United States of America
Is there a duty of loyalty to the client a core value of the law profession?
British Columbia, Canada
Does a criminal defendant have the power to waive rights that exist for their own benefit?
California, United States of America
