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 are the elements of a street terrorism offence?
California, United States of America
Can a search of the house of a suspect in a drug possession case be upheld?
California, United States of America
What is the effect of a dismissal of an action by a lower court?
MultiRegion, United States of America
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation?
California, United States of America
How have courts interpreted the principle set forth in the High Trees case?
Saskatchewan, Canada
What is the standard of review for an appeal from a decision of a judge?
Ontario, Canada
What is the test for a claim against a defendant in a motor vehicle accident?
British Columbia, Canada
What is the burden of a borrower seeking to cancel or reduce arrears in a personal injury case?
British Columbia, Canada
How have courts treated counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel?
California, United States of America
What is the test for non est factum?
British Columbia, Canada
What is the test for requesting that an attorney represent an indigent plaintiff in a civil case?
MultiRegion, United States of America
When can a police force compel a suspect to give an involuntary statement?
California, United States of America
What is the test for establishing that a patentee has market power?
California, United States of America
What is the current interpretation of section 11372.5 of the Health and Safety Code and what is the impact of this interpretation on the crime lab fee?
California, United States of America
Can an implied undertaking constitute a cause of action?
British Columbia, Canada
What is the test for a cause of action for wrongful discharge under the LMRA?
MultiRegion, United States of America
What is the main purpose of a professional misconduct disciplinary proceeding?
British Columbia, Canada
Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced?
British Columbia, Canada
What is the test for assessing the credibility of witness testimony when there is conflicting evidence?
Alberta, Canada
Does an insurance agent have a duty to advise an insured on specific insurance matters?
California, United States of America
How have the courts dealt with the issue of whether a defendant has been successful in his claim that he has been denied justice by the Court of Appeal?
MultiRegion, United States of America
Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order?
Ontario, Canada
What is the statute of limitations for a claim under section 1983 of the California Motor Vehicle Act?
MultiRegion, United States of America
What is the effect of a personal injury clause in a private agreement?
California, United States of America
What is the test for substantial evidence in a civil case?
California, United States of America
Can a plaintiff maintain a commission under the contract?
Saskatchewan, Canada
Is replacement cost the proper measure for damages in a breach of contract case?
British Columbia, Canada
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines?
British Columbia, Canada
Does the trial court abuse its discretion when it told defendant that it would only revoke his probation if he committed a misdemeanor or felony?
California, United States of America
What are the implications of the Court's instructions to the jury in The Bondholders' appeal?
MultiRegion, United States of America
What is the effect of periodic payments on a pension scheme?
Canada (Federal), Canada
In a personal injury action, in what circumstances will the individual defendant be found liable for negligence?
British Columbia, Canada
Does a court have jurisdiction to determine whether jurisdiction exists?
MultiRegion, United States of America
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer?
California, United States of America
Can a property acquired through reinvestment of a gift or legacy exempt from seizure even without a stipulation of unseizability regarding that property in the deed of gift or in the will?
Canada (Federal), Canada
What is the argument that there is insufficient evidence to support a finding of guilty intent to commit the crime of voluntary manslaughter?
MultiRegion, United States of America
What is the test for knowing of an individual's intent to murder?
California, United States of America
What is the test for cross-examining an unfavourable witness?
British Columbia, Canada
What is the test to establish a violation of the constitutional right to effective assistance of counsel?
California, United States of America
Does a search of a vehicle during a traffic stop constitute a separate constitutional violation?
MultiRegion, United States of America
What is the test for a motion for judgment of acquittal at the close of all evidence?
MultiRegion, United States of America
How have courts in England and Wales dealt with the issue of title of one out of possession?
Ontario, Canada
What is the test for establishing that prior testimony is "indicia of reliability"?
MultiRegion, United States of America
What is the legal test for establishing that the testator knew and approved the contents of a will?
Ontario, Canada
In what circumstances will a fiduciary obligation be imposed on a spouse?
British Columbia, Canada
Does the doctrine of contributory negligence preclude damages in tort?
Ontario, Canada
What is the test for standing trial by jury in a motor vehicle accident?
Alberta, Canada
Is a telegraph operator liable for negligence in sending a telegram in the name of a third party?
MultiRegion, United States of America
What is the test for a plaintiff to recover attorney fees?
California, United States of America
Does the "rule of lenity" apply to a defendant who has tendered an ambiguity in the California Criminal Code?
California, United States of America
What are the factors used by the courts to determine what is in the best interests of a child in primary care?
Nova Scotia, Canada
What is the modified objective test?
British Columbia, Canada
Does a change in the way an employee is to her core duties constitute a constructive dismissal?
British Columbia, Canada
What is the test for an action under the anti-SLAPP statute?
California, United States of America
What authorities respect the effect of a person's age on a damage award?
Alberta, Canada
What is the standard of patent unreasonableness?
Canada (Federal), Canada
What is the test for a sentence that is grossly disproportionate to the severity of the crime?
California, United States of America
What is the test for overturning a conviction for resisting an executive officer?
California, United States of America
Can a federal district court dismiss without prejudice for failure to exhaust administrative remedies?
MultiRegion, United States of America
What is the appropriate penalty for failing to stop a pedestrian from crossing a pedestrian crossing?
British Columbia, Canada
What is the test for determining whether a public body has a duty to exercise care in the context of a motor vehicle accident?
California, United States of America
How have we appealed against the conviction and sentencing of a defendant in a sexual assault case?
California, United States of America
What is the result of a medical malpractice case?
British Columbia, Canada
What is the test to determine whether a federal agency's interpretation is contrary to the language of the applicable statutes?
MultiRegion, United States of America
Is section 9 of the New York State Code of Civil Procedure unconstitutional?
"New York", United States of America
Can a plaintiff call rebuttal evidence at trial?
British Columbia, Canada
What is the test for a tort action for breach of duty?
California, United States of America
What is the standard of review for admitting evidence of a gang in a criminal case?
California, United States of America
Is res judicata conclusive with respect to any claims relating to the cause of action?
MultiRegion, United States of America
Can a judge be disqualified for prejudiced conduct?
California, United States of America
How have courts interpreted the "plain view" doctrine in the US?
Ontario, Canada
Can police enter an apartment hallway without a warrant?
California, United States of America
What is the federal definition of sexual abuse of a minor?
MultiRegion, United States of America
Does a plaintiff have to pay back wages received by two employers during periods she missed work?
Saskatchewan, Canada
What is the range of out-of-pocket expenses for an injured person?
British Columbia, Canada
What is the test for a defendant's argument that the evidence is insufficient to support his conviction for possession of drugs and possession of a firearm?
California, United States of America
Does Section 922(g) require that a firearm was "at some time in interstate commerce"?
MultiRegion, United States of America
What is the case law on habeas relief for a defendant who was found guilty of a lesser crime than his co-defendant in a sexual assault case?
MultiRegion, United States of America
What is the current state of the law on racketeering?
MultiRegion, United States of America
What is the definition of "knowingly" used in jury instructions to the jury in a civil case?
MultiRegion, United States of America
Can an individual be liable for reprisal?
Ontario, Canada
What is the test for introducing new evidence in a medical malpractice case?
Alberta, Canada
Can punitive damages be sought in a motor vehicle accident?
Manitoba, Canada
Does the term "founded suspicion" or "reasonable suspicion" apply to police stops?
MultiRegion, United States of America
What are the “gateway factors” set out in Rule 6.01(1) of the Rules of Civil Procedure?
Ontario, Canada
What is the burden of proof for a motion where the motionant has to prove that no reasonable trier of fact could find other than for the moving party?
MultiRegion, United States of America
What is the test for establishing a primary activity of a criminal gang?
California, United States of America
What are the elements of premeditated murder?
California, United States of America
What is the test for finding that a person who alleges that they were subjected to discriminatory treatment by their college has been found to be discriminatory?
British Columbia, Canada
What is the test for a defendant to complain on appeal against the presence of an alternate juror in the jury room during deliberations?
California, United States of America
Can a defendant appeal his conviction for sexual assault against a judge's finding that the issue raised in his notice of appeal concerns the determination of guilt or innocence or is not reviewable under section 1237.5?
California, United States of America
Does the trial judge conclude that the husband has control and possession of family assets of which he has no knowledge?
British Columbia, Canada
What is the effect of Section 1202.4 of the California Criminal Code on restitution orders?
California, United States of America
Is there a gap or defect in a tribunal's transcript?
Canada (Federal), Canada
What is the test for a facially defective habeas petition?
MultiRegion, United States of America
What is the test for interpretation of a contract where the parties have a different interpretation of the facts?
Ontario, Canada
What is the standard of review for a personal injury trial?
California, United States of America
Is a request for attorney's fees denied?
MultiRegion, United States of America
How have courts interpreted evidence in the context of methamphetamine abuse cases?
California, United States of America
What are the consequences of a plea of guilty and pleading guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the test for a plea of non est factum under the principle of negligence?
Saskatchewan, Canada
How has the Court interpreted the Employment Standards Act?
British Columbia, Canada
What is the test for admissibility of a report in a hearing to establish the appropriate amount of restitution?
California, United States of America
What is the most serious misconduct of a lawyer who misappropriates client funds?
British Columbia, Canada
Does the Confrontation Clause apply to cross-examination?
MultiRegion, United States of America
What constitutes a criminal act to commit the charged crime?
MultiRegion, United States of America
How have courts interpreted the fiduciary relationship owed by controlling shareholders to minority shareholders?
California, United States of America
What is the test for admitting evidence in a sexual assault case?
California, United States of America
What are the consequences of a lawyer acting without the proper instructions in a personal injury claim?
British Columbia, Canada
Does the court correct the prosecutor in the context of a penalty for failing to consider the relevant aggravating and mitigating factors in a motor vehicle accident case?
California, United States of America
What is the impact of a prosecutor's peremptory challenge against a black prospective jury member?
California, United States of America
Can a defendant be punished for two crimes arising from a single indivisible course of conduct?
California, United States of America
Is counsel ineffective for failing to move for severance where it was reasonable that the motion would be denied?
California, United States of America
What is solicitor-client privilege in Canada?
Ontario, Canada
Is excessive use of a police dog a ground of appeal?
British Columbia, Canada
Does the term "auto theft" apply to a violation of Vehicle Code section 10851?
California, United States of America
What is the test for a Rule 36 motion for clear error?
MultiRegion, United States of America
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income?
British Columbia, Canada
Is a convicted sex offender prohibited from possessing a firearm under section 12021 of the California Criminal Code?
California, United States of America
Is a denial of a writ of habeas corpus valid?
MultiRegion, United States of America
When will arrears of child support be reduced or rescinded?
Ontario, Canada
What is the test for grant of attorneys' fees in a civil case?
MultiRegion, United States of America
Does the statute of limitations apply to a state petition?
MultiRegion, United States of America
Does the doctrine of imperfect self-defense apply to felony murder?
California, United States of America
What is the scope of a defendant's right to select his own lawyer?
MultiRegion, United States of America
Is there a duty of honourable dealing with Canada?
Alberta, Canada
Does a finding that defendant intended to kill or acted with reckless indifference to life need to sustain a special circumstance?
California, United States of America
Can a confidential witness be credited in a civil action?
MultiRegion, United States of America
Is exclusion of evidence designed to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence?
California, United States of America
What is the test for undue influence in a testamentary transaction?
Nova Scotia, Canada
What is the test for the tort of nuisance?
British Columbia, Canada
Can an insurer be held liable for attorney fees?
MultiRegion, United States of America
What is the law relating to mobility issues in a custody matter?
Ontario, Canada
What is the state of the law on representing counsel on an appeal?
California, United States of America
What is the test for a new trial in a criminal prosecution?
Canada (Federal), Canada
In what circumstances can a plaintiff claim attorney fees?
California, United States of America
What is the standard of review applicable to a finding of fact based on the credibility of a witness?
British Columbia, Canada
What is the current state of the law on probability of malice?
Yukon, Canada
What is the statute of limitations for a plaintiff to bring a medical malpractice action?
California, United States of America
Does the statute of limitation apply in cases involving interstate transportation of stolen property?
MultiRegion, United States of America
How has the court treated the argument that only one volitional act gives rise to multiple offenses?
California, United States of America
Does a condition prohibiting a defendant from trafficking in controlled substances need to include an express scienter requirement?
California, United States of America
What is the burden of proving that defendant intends to rely on section 482?
MultiRegion, United States of America
What is the scope of disclosure from an expert's file?
Ontario, Canada
How does a motion to dismiss a motion for lack of subject matter jurisdiction apply?
MultiRegion, United States of America
What is the legal test for establishing that arson was committed under section 451 and 452 of the Penal Code?
California, United States of America
Does section 2255 of the Criminal Code apply to a petition attacking "any aspect" of the guilty plea, conviction or sentence?
MultiRegion, United States of America
What are the consequences of a parent's text messages to their 8-year-old daughter for failing to comply with a restraining order?
Ontario, Canada
Is a single act or omission punishable under section 654 of the California Penal Code, 654?
California, United States of America
How have courts interpreted the defence of the due diligence defence?
Canada (Federal), Canada
Does a history of serious mental illness constitute substantial evidence of incompetence?
California, United States of America
What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property?
British Columbia, Canada
What is the test for determining a deceased's testamentary intention?
Nova Scotia, Canada
Can a jury overturn a conviction for arson causing great bodily injury and a kidnapping-murder special-circumstance allegation?
California, United States of America
Can a plaintiff recover pre-tender defense costs from an insurer?
MultiRegion, United States of America
What are the elements of unconscionability and surprise in a contract?
MultiRegion, United States of America
Can a plaintiff raise the statute of limitations defense in an action for a refund from the IRS?
MultiRegion, United States of America
Is a prescriber verification letter a business record?
Ontario, Canada
What is the test for dismissing a complaint sua sponte?
MultiRegion, United States of America
What is the legal test for granting leave to amend a motion to dismiss a claim?
MultiRegion, United States of America
What is the legal test for a finding of not guilty in a sexual assault case?
"New York", United States of America
What is the test for a motion to dismiss or strike a conviction for making a criminal threat?
California, United States of America
When will a judge order a confidential in camera showing in support of a motion to appoint a second attorney?
California, United States of America
What is the test for determining whether a conviction violates due process?
MultiRegion, United States of America
Can a police officer enter a suicidal person's home and secure the premises if firearms are found?
California, United States of America
What is the test for requesting that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court?
California, United States of America
Is it an injustice to allow a claim to proceed while preventing the defence to pursue a counterclaim?
Manitoba, Canada
Does a trust involving real property need to be created by a written instrument or operation of law?
California, United States of America
Is counsel deficient in failing to bring a motion for a mistrial?
California, United States of America
What is the test for injunctive relief under section 17203 of the California Business and Professions Code?
California, United States of America
What is the test for enforcement of a contract where the contract was signed expressly for the benefit of a third party?
California, United States of America
What are the elements of the tort of misfeasance in public office?
New Brunswick, Canada
What are the legal principles used to determine "loss of future earning capacity"?
British Columbia, Canada
What is the test for variation in terms of a child protection order?
Ontario, Canada
Does a wrongful dishonor cause of action have to be amended or amended for limitation purposes?
California, United States of America
What is the meaning of the word "certain" in Webster's International Dictionary?
MultiRegion, United States of America
Does the Court of Appeal have any authority on the defence of drunkenness?
Alberta, Canada
What is the test for approval of a class action settlement?
California, United States of America
Does a common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial?
California, United States of America
What is the test for objecting to a sentence in a personal injury case?
California, United States of America
Can a defendant be punished for multiple violations of section 654 of the California Penal Code?
California, United States of America
What is the test for determining whether an enforceable agreement has been reached?
British Columbia, Canada
Does an expert have to be found in an action for breach of contract?
British Columbia, Canada
What is the burden of proof in Section 523(a)(2) of the Criminal Code?
MultiRegion, United States of America
What is the test for imputing a security guard's action against a defendant?
California, United States of America
Can an application for an extension of time for a review of an application under the Access to Proceeds of Justice Act, BCSC 2220?
British Columbia, Canada
What is the test for self-sufficiency in spousal support?
British Columbia, Canada
What are prejudgment interest costs for a plaintiff in a personal injury action?
California, United States of America
Does the conduct of a hearing violate the fifth amendment?
MultiRegion, United States of America
What is the legal burden of proving that there is undue influence in the preparation and execution of a will?
Ontario, Canada
What is the current state of the law on undercover policing?
British Columbia, Canada
What is the standard of conduct of an attorney who fails to communicate to a client that the government has made a plea offer?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
How have the courts dealt with the evidentiary challenges of a defendant in a civil case?
California, United States of America
Is denial of natural justice reviewable as a matter of law?
Ontario, Canada
How have courts treated inconsistent inferences in cases where the evidence is inconsistent?
California, United States of America
What is the evidentiary burden of a defence physiatrist and one more expert?
Ontario, Canada
What is the test for establishing that an alleged sexual agreement was signed before a finding has been completed?
California, United States of America
Is there any case law in which a jury has been instructed that a racketeering act must be vertical rather than horizontal?
MultiRegion, United States of America
What is the test for establishing a violation of a plaintiff's right to substantive due process?
MultiRegion, United States of America
