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 determining whether a person is willing to participate in a criminal investigation?
MultiRegion, United States of America
What is the test for equal division of the matrimonial home?
British Columbia, Canada
What is the effect of the Master's findings of fact on a mortgage application?
British Columbia, Canada
What is the effect of section 11353.6 of the California Criminal Code on a petition for writ of habeas corpus?
California, United States of America
Is it unwise for a Canadian court to put United States sentencing policy on trial?
Ontario, Canada
How have the reasons been interpreted in this context?
British Columbia, Canada
Can a search of the premises of a man who was arrested without a warrant for a violation of section 647 subsection (f) of the California Penal Code be justified?
California, United States of America
What is the legal test for a final decision of a disability application?
MultiRegion, United States of America
What is the burden of proving due diligence in the prosecution's search for a witness?
MultiRegion, United States of America
How have courts treated the issue of maintenance of a relationship where the maintenance agreement has for its object the securing of a divorce?
California, United States of America
Can a payor parent be held to be intentionally underemployed if he or she chooses not to work when capable of earning income?
British Columbia, Canada
Can the court fix a sum to be paid in lieu of taxation?
British Columbia, Canada
What is the test for establishing that a shooting was committed in association with a criminal street gang?
California, United States of America
How does the Court of Appeal review the sufficiency of evidence to support a conviction?
California, United States of America
What is the effect of the phrase "Juror misconduct" in the context of a juror misconduct claim?
MultiRegion, United States of America
Does a debtor in bankruptcy have an obligation to pay alimony to his ex-wife?
MultiRegion, United States of America
What is the test for reasonable expectation of good faith?
California, United States of America
What is the test for a police officer to justify an investigative stop or detention?
California, United States of America
What is the test for habeas relief in a confrontation case?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of attempted first-degree murder?
California, United States of America
What factors must be re-evaluated in light of new evidence to maintain an interim injunction?
British Columbia, Canada
When will a judge order disqualification of a lawyer for breaching attorney-client privilege?
California, United States of America
Does a search prior to arrest constitute a search incident to arrest?
"New York", United States of America
What is the test for admitting evidence of prior acts of domestic violence for abuse of the spouse?
California, United States of America
What is the test for determining whether there has been a juristic reason for enrichment in a common law relationship?
British Columbia, Canada
What is the test for obtaining a warrant to search a person's home?
California, United States of America
What is the test for a motion to compel response to a discovery request or interrogatory?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a petition brought by the Department of Justice against the US Department of Health and Social Security?
MultiRegion, United States of America
Can a party dismiss a complaint for failing to state a claim upon which relief can be granted?
MultiRegion, United States of America
Is reasonable suspicion sufficient to justify a stop?
MultiRegion, United States of America
Is there any evidence to support an inference that a respondent has exploited a person’s disabilities?
British Columbia, Canada
Is it permissible for a prosecutor to argue that the defense is lying?
MultiRegion, United States of America
Is the Ontario Court of Arbitration for the Ontario Superior Court bound by statute to arbitrate claims for malpractice, breach of contract, and intentional infliction of emotional distress?
California, United States of America
On a challenge to the sufficiency of the evidence, what is the test for determining the elements of a robbery?
California, United States of America
Is a motion to dismiss for failure to bring an action to trial due to the lack of diligence required?
California, United States of America
What are the elements of a fraud action?
California, United States of America
Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited?
California, United States of America
Does Proposition 47 apply to the crime of vehicle burglary?
California, United States of America
What is the test for compliance with s. 8 of the Charter?
Ontario, Canada
What is the test for granting leave to amend a section of the Constitution that was cured by amendment?
MultiRegion, United States of America
What is the test for qualified privilege?
Ontario, Canada
Does a defendant have a right to remain silent and confront adverse witnesses?
California, United States of America
What is the standard of care required by a doctor to treat a patient in a private hospital?
Alberta, Canada
Can a prosecutor argue that prosecutorial misconduct gave rise to an obligation to instruct the jury that it must unanimously agree which of the four people intended to kill?
California, United States of America
Does an arbitrator have jurisdiction to interpret a Collective Agreement?
Alberta, Canada
What is the state's right to seize a person's license?
California, United States of America
When a public authority is retrained from exercising its statutory powers and performing its statutory obligations, is the public interest affected?
Ontario, Canada
What is the test for "reasonably reasonable" medical malpractice?
MultiRegion, United States of America
What are some cases where a judge has ruled on a matter that is not in the record but outside the record?
California, United States of America
What is the test for deciding whether to use an informant as a witness in a criminal case?
MultiRegion, United States of America
In what circumstances will an attorney who misappropriates funds from clients be deemed fit to practice?
California, United States of America
Does the addition of tax for negligence and substantial understatement of tax violate the excessive fines clause of the Eighth Amendment?
MultiRegion, United States of America
Does exhaustion need to be required in tribal jurisdiction claims?
MultiRegion, United States of America
Can a defendant bring an anti-SLAPP motion?
California, United States of America
What is relevant and admissible evidence in a civil case?
California, United States of America
Can a bankrupt be ordered to pay a creditor’s damages as a condition of his discharge?
Nova Scotia, Canada
Does a court have jurisdiction to issue both a motion and a motion for personal injury relief at the same time?
California, United States of America
How have the BCSC and other courts treated the issue of equalization in the context of the equalization claim?
British Columbia, Canada
Can a registrar assess the reasonableness of s. 133 costs?
British Columbia, Canada
What is the burden of proving a waiver of rights in a deportation proceeding?
MultiRegion, United States of America
Does a strike under Section 1915(g) of the Criminal Code apply to prevent a plaintiff from proceeding in forma pauperis?
MultiRegion, United States of America
What is the standard for fairness in a summary judgment case?
New Brunswick, Canada
Does the exhaustion of administrative remedies doctrine apply in situations where the courts lack initial jurisdiction?
California, United States of America
How have courts apportion attorney fees between contract and tort damages?
California, United States of America
What is the current range of sentences for violations of section 288, subdivision (b)(1) of the California Criminal Code?
California, United States of America
What is the impact of an uncorroborated criminal complaint by one spouse against another?
Ontario, Canada
What is the test for determining that a child has understood the consequences of giving false testimony under oath?
"New York", United States of America
What is the test for determining the reasonableness of a spouse's expense when they are separated?
British Columbia, Canada
Is trivial defect doctrine an affirmative defense?
California, United States of America
What is the test for denying a motion for a mistrial?
California, United States of America
What is the test for pleading guilty to a charge of common law sexual assault?
California, United States of America
What is the basis for an order requiring the attorney of appellant to produce an application for a restraining order?
California, United States of America
What is the delay in seeking reassignment to a judge and magistrate judge?
MultiRegion, United States of America
How have the courts treated the issue of aiding and abetting instructions in a trial?
California, United States of America
What is the test for interpreting ambiguity in the meaning of a section of the California Penal Code?
California, United States of America
Does s. 11(1) of the Charter require a Justice to issue a warrant?
Nova Scotia, Canada
What is the burden of proving non-pecuniary loss to a plaintiff in a motor vehicle accident case?
British Columbia, Canada
What is the affirmative defense to a charge of tortious interference with contract?
MultiRegion, United States of America
What is the burden of establishing that a defendant who files a petition under Proposition 47 is eligible for relief?
California, United States of America
What are the implications of the Federal Tax Court's determinations of fact and its interpretation of law?
MultiRegion, United States of America
Does a defendant have a right to make a sworn personal statement in mitigation of punishment?
California, United States of America
What is the effect of a prayer for relief that includes a claim for housekeeping assistance as part of the cost of future care?
Alberta, Canada
What is the burden of proof in determining whether a scooter is a gift?
British Columbia, Canada
In what circumstances will a defense counsel be allowed to cross-examine a polygraph interview with the polygraph examiner?
California, United States of America
What is the test for striking an answer in a personal injury case?
Ontario, Canada
What is the effect of an application by the SEIU (SEIU) against the Delhi Nursing Home for OLR?
Ontario, Canada
In what circumstances will a plaintiff be allowed to sue for administration?
Ontario, Canada
What is the test for a motion under section 2255 of the Civil Procedure Code to obtain an evidentiary hearing?
MultiRegion, United States of America
What is the test for obtaining an injunction to prevent a defendant from making an initial bond determination?
MultiRegion, United States of America
What are the costs of a plaintiff in her personal injury case?
British Columbia, Canada
What is the current state of the law on custody under the Miranda Rule?
California, United States of America
What are the elements of a negligence action?
Saskatchewan, Canada
Are stopping and detaining the driver of a car without a search warrant unreasonable?
MultiRegion, United States of America
Can a purported consent to entry and search of one's home be upheld?
California, United States of America
Does the "washout" rule apply?
California, United States of America
Does an execution bind beneficial interest in land held by the debtor at the time the writ is received?
Alberta, Canada
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device?
California, United States of America
What is the test for a motion to obtain a restraining order against an individual for failing to pay a filing fee?
MultiRegion, United States of America
How does the Three Strikes Act apply when relief on appeal is no longer available?
California, United States of America
What is the state attorney general's argument that appellant committed a separate assault each time he slashed the victim?
California, United States of America
Can a mill operator prevent a logger from obtaining title to a parcel of land that is not owned by the mill operator?
California, United States of America
Can the defence of fair comment be defeated?
British Columbia, Canada
Is a temporary restraining order issued under Rule 65(d) mandatory?
MultiRegion, United States of America
Is a lawyer's failure to object during closing argument and opening statement within the wide range of permissible professional conduct?
MultiRegion, United States of America
Is a claim for a personal injury tax refund valid?
California, United States of America
What is the test for a sexual harassment claim in a same-sex discrimination action?
California, United States of America
Does the Attorney General have any authority or authority to issue a finding on appeal?
California, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
Is there any case law where a husband has been found guilty of wiretapping his wife's phone?
British Columbia, Canada
What is the test for determining whether there is or not there is a record to be made available to review the cause of error in the court below?
California, United States of America
What is the standard of review for appeal against a conviction where the evidence relied mainly on circumstantial evidence?
California, United States of America
What is the test for admitting or excluding impeachment evidence in a criminal case?
California, United States of America
What is the test for a judge to accept an opinion from a doctor who says that the claimant's medical opinion is invalid?
MultiRegion, United States of America
What is the current process for selecting a jury for a death penalty jury?
California, United States of America
Does the California Education Commission have jurisdiction to dismiss probationary teachers?
California, United States of America
What is the test for demurrer of a claim against the statute of limitations?
California, United States of America
How have the courts in BC divided the assets of the parties in the post-separation period?
British Columbia, Canada
What is the standard of care provided by a plaintiff in a personal injury case?
British Columbia, Canada
What is the state of the law in relation to bailiffs in charge of a sequestered jury?
MultiRegion, United States of America
What is the test for review of an ineffective assistance of counsel claim?
MultiRegion, United States of America
Can a jury convict on count two of the section 848(a) of the Mental Health Act if it finds that each element of the violation is proven beyond a reasonable doubt?
MultiRegion, United States of America
What factors will the court consider in its exercise of Rule 7-6?
British Columbia, Canada
What is the current state of the law on abuse of discretion in closing arguments in a personal injury case?
MultiRegion, United States of America
What document(s) does the developer need to develop to what?
California, United States of America
Does appellant forfeit the right to raise the issue below?
California, United States of America
What is the test for legislative acquiescence in the context of a statutory construction rule?
"New York", United States of America
Is a plaintiff entitled to compensation for the loss of housekeeping services provided by members of her family?
British Columbia, Canada
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction?
MultiRegion, United States of America
What is the duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial?
California, United States of America
Is it in the public interest for a school to accept an event that has been deemed unenforceable?
British Columbia, Canada
Is there a rule of non-inquiry?
MultiRegion, United States of America
Does a probation officer have the authority to order that a defendant must pay restitution to the victim of a crime committed while on probation?
California, United States of America
What is the employer's duty to accommodate an employee whose job is affected by one of its rules?
Canada (Federal), Canada
What is the test used to determine whether a crime is necessarily included as a lesser offense?
California, United States of America
What is the test for establishing that a final policymaking authority in the area of decision?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for maintaining the status quo on an interim custody motion?
Ontario, Canada
What is the test for an employer to be found guilty of intentional discrimination against a plaintiff in a medical malpractice case?
California, United States of America
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free?
British Columbia, Canada
Can a misdiagnosis be taken as an indication of negligence?
Alberta, Canada
In what circumstances have public officials ever been accused of "extorting money" in a civil action?
MultiRegion, United States of America
Is there a distinction between criminal law and medical practice?
MultiRegion, United States of America
What is the test for making an evidentiary submission in a personal injury case?
California, United States of America
What is the standard of review for the use of circumstantial evidence in a sexual assault case?
California, United States of America
Does section 1103 and 782 require the exclusion of all evidence of a complaining witness's sexual conduct?
California, United States of America
Can an expert witness be cross-examined in a personal injury trial?
California, United States of America
Does a jailer have a duty to prevent a prisoner from taking his own life?
California, United States of America
What is the test for a challenge to the sufficiency of evidence to support a conviction?
California, United States of America
What is the test for a reversal of a restraining order against a man convicted of a "super strike" crime?
California, United States of America
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
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
What is the burden of proving insanity against a defendant?
MultiRegion, United States of America
What is the test for procedural due process in the Fourteenth Amendment?
MultiRegion, United States of America
What is the impact of costs in the Mancini v.Mancini case?
Ontario, Canada
What is the test for aggravated damages?
British Columbia, Canada
What is the legal test for finding the necessity stage satisfied in a child protection application?
Ontario, Canada
Is prejudgment interest included in a judgment for damages as a result of a motion for a new trial?
California, United States of America
What is the burden of establishing that a party has jurisdiction over a civil action?
MultiRegion, United States of America
Does the Law Society of BC have an obligation to uphold and protect the public interest in the administration of justice?
British Columbia, Canada
What is the test for determining if a jury has been found guilty of misconduct?
California, United States of America
What is the test for a jury to convict a defendant of conspiracy to pervert the course of justice?
California, United States of America
What is a trial court's responsibility to ensure that a defendant's right to counsel is fully protected?
California, United States of America
Can the requirements for a ¾ majority or unanimity can never be overridden?
British Columbia, Canada
Does a defendant need counsel at every step of the proceedings?
"New York", United States of America
What is the test to establish a claim for future care?
British Columbia, Canada
Can a witness be excluded from giving evidence at a hearing if he has not had an opportunity to develop the testimony?
MultiRegion, United States of America
What constitutes a "significant advance" in advance of trial?
Manitoba, Canada
How have courts dealt with the sale of a property where the buyer has never understood the terms of the contract?
Manitoba, Canada
What are some cases where a transfusion contaminated with the HIV virus has resulted in a lawsuit against the transfusion manufacturer?
Ontario, Canada
What is the state's obligation to plead the defense or lose the right to assert the defense thereafter?
MultiRegion, United States of America
Does a manufacturer of a prescription drug or medical device have a duty to warn a physician of the dangers associated with the product?
MultiRegion, United States of America
In a personal injury action, is the petitioner entitled to costs for the opposing party?
British Columbia, Canada
Does the Court have substantial evidence that bad faith existed in the circumstances surrounding appellant's motion to file a cross-complaint?
California, United States of America
Is a plaintiff entitled to amend or amend a pleading in a civil case?
MultiRegion, United States of America
Is a writ of habeas corpus reviewed de novo?
MultiRegion, United States of America
In what circumstances will a defendant who challenges a search warrant based on an affidavit containing omissions from an interview with Seihoon have to prove that they omitted something from the affidavit?
California, United States of America
What are the implications of the People v. Superior Court argument that the evidence of provocation or self-defense is insufficient?
California, United States of America
What is the burden of proving refugee status on the applicant?
MultiRegion, United States of America
Is a plaintiff entitled to compensation for future care that is justified and reasonable?
British Columbia, Canada
What is the test for a restitution order in a criminal case?
California, United States of America
Can a court order defendant's presence at a pretrial hearing and directly advised him of his right to a jury trial?
California, United States of America
How have courts dealt with an instruction error in a case where a defendant has been charged with an assault?
California, United States of America
What is the test for determining whether a defendant is guilty beyond a reasonable doubt?
California, United States of America
What is probable cause for probable cause in a sexual assault case?
California, United States of America
What is the test for maintaining an action for injurious affection when no land is taken?
Manitoba, Canada
What is the test for determining consent?
Nova Scotia, Canada
What is a plaintiff's responsibility to formulate the legal basis for her claim prior to litigation?
California, United States of America
What are non-pecuniary damages for loss of enjoyment of life and loss of amenities?
British Columbia, Canada
Can a defendant who received a Miranda warning remain silent at trial?
California, United States of America
When will an injunction be obeyed implicitly?
Newfoundland and Labrador, Canada
What is the case law in which a conviction for possession of cocaine base for sale is overturned?
California, United States of America
Does the rule of lenity apply to a defendant convicted of one count of ammunition possession in violation of section 30305?
California, United States of America
What is the appropriate method for valuing a respondent's retirement pension?
Ontario, Canada
What is the test for establishing discrimination against a group that supports victims of sexual abuse?
British Columbia, Canada
When a clerk's transcript conflicts with a reporter's transcript, does the court have to harmonize the two records?
California, United States of America
Is a plaintiff entitled to a substantial indemnity cost for failing to disclose the facts to the court?
Ontario, Canada
What is the standard for a review of an award of attorney fees for abuse of discretion?
California, United States of America
What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously?
Alberta, Canada
How have jury instructions been interpreted in the context of sexual assault cases?
California, United States of America
What is the test for "malicious injury" in bankruptcy law?
MultiRegion, United States of America
