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 presumption in an action for damages arising from automobile accident?
California, United States of America
Is there any case law or case law relevant to this proceeding?
British Columbia, Canada
Does the delivery of a s. 112 assessment report constitute a material change in circumstances justifying a change in the existing arrangement?
Ontario, Canada
Does a drug deal constitute trafficking by the purchaser?
Ontario, Canada
Is a father entitled to spousal and/or child support from the time of the parties’ separation?
Manitoba, Canada
What is the test for warrantless searches where the police have been able to corroborate the identification of a defendant's identification but do not provide any evidence of criminal activity?
"New York", United States of America
Is collateral estoppel or res judicata a defense?
MultiRegion, United States of America
What is the test for a motion to overturn a conviction of carrying a weapon under section 924(c)(1) of the Criminal Code?
MultiRegion, United States of America
What is the test for a motion to set aside a judgment that was found void due to a lack of due process notice?
California, United States of America
What is the test for setting aside a finding in a motion to set aside discovery in a civil case?
California, United States of America
Whether appellant has met its requirement for trial and appellate fees and the reasonable amount of any award?
California, United States of America
What is the test for determining whether a person who killed himself was acting out of "unconsidered or rash impulse"?
California, United States of America
What jurisdiction does the federal district court have in a civil case?
MultiRegion, United States of America
What evidence does the Spaydes need to use to prove the dangerous condition of the attic floor?
California, United States of America
In a civil case, what is the record of the prosecutor's comments to the jury in a summation?
California, United States of America
Can an affirmative defense be raised for the first time in a joint pretrial order?
MultiRegion, United States of America
Does a plaintiff have to declare tips as income on her tax return?
British Columbia, Canada
Does the doctrine of mootness apply to an action or proceeding?
Manitoba, Canada
What is the test for mental incapacity under section 2122 of the California Civil Code?
California, United States of America
Is ineffective assistance of counsel more appropriately brought in a new trial motion or on a writ of habeas corpus than on appeal?
California, United States of America
What is the test for assessing credibility of a witness?
Ontario, Canada
What is the test for establishing a valid and binding contract?
"New York", United States of America
What is the duty of a driver of a vehicle following a collision with another vehicle?
British Columbia, Canada
Does privilege apply in a defamation case?
California, United States of America
How has section 11580.1 of the Insurance Code been interpreted in the context of a motor vehicle accident?
California, United States of America
What are the elements of intentional misrepresentation and negligent misrepresentation?
MultiRegion, United States of America
Can a Respondent obtain attorney fees on appeal?
California, United States of America
Can one consent to the intentional infliction of bodily harm?
Ontario, Canada
Does a purchaser have good title to goods taken in execution and sold by the bailiff as against the real owner?
Saskatchewan, Canada
What is the test for imperfect self-defense?
California, United States of America
What are the applicable legal principles for negligent police investigation?
British Columbia, Canada
What is the test for a claim of ineffective counsel on appeal?
MultiRegion, United States of America
What is the test for a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
How have the courts in BC considered the formation of a contract?
British Columbia, Canada
Is a criminal defendant entitled to the disciplinary and other records of a law enforcement officer?
California, United States of America
What is the test for revocation and detention of a defendant under section 3148 of the Criminal Code?
MultiRegion, United States of America
What is the test for reversal of a judgment in a civil case?
California, United States of America
What is the test for a declaration of intent in a civil case?
California, United States of America
How have courts interpreted the burden of persuasion in a termination of parental rights proceeding?
"New York", United States of America
What is the test for a person to exercise self-defense?
California, United States of America
What is the test for assessing loss of capital asset in a personal injury action?
British Columbia, Canada
What is the test for withholding relief in the face of a breach of procedural fairness?
Canada (Federal), Canada
Is a defendant entitled to a motion to dismiss one or both of his strikes for purposes of sentencing?
California, United States of America
What is the test for credibility based probability in s. 8 of the Criminal Code?
Alberta, Canada
When will a defendant be denied a substitution of attorney?
California, United States of America
What is the test for "full disclosure" in medical malpractice cases?
California, United States of America
What is the legal test for making a statement or writing before a legislative, executive or judicial proceeding?
California, United States of America
In determining whether a person qualifies as a sexually violent predator under the SPPCA, does the statute in effect at the time of defendant's trial and recommitment apply?
California, United States of America
How have courts treated a plaintiff's request to seal post-judgment documents?
California, United States of America
What is the legal basis for relief in an amended petition to the Court of Appeal?
British Columbia, Canada
What is the current state of the law on body cavity searches of female inmates by female correctional officers?
MultiRegion, United States of America
Can a jury consider the circumstances of intoxication when deciding whether a defendant exhibited gross negligence when committing the manslaughter?
California, United States of America
How have courts interpreted the Page 16 "indiscriminate would-be killer" instruction?
California, United States of America
Can a discovery proceed in a non-simplified rules situation?
Ontario, Canada
Does a failure to contest a booking fee imposed by the court at the time of sentencing result in a waiver of a claim?
California, United States of America
What are the consequences of a court's failure to instruct the jury on involuntary manslaughter?
California, United States of America
What is the test for a finding that probable cause exists to issue a search warrant?
MultiRegion, United States of America
What constitutes "assertive conduct" in a police interview?
California, United States of America
What is the meaning of the term "retention" under the Convention of Human Rights?
MultiRegion, United States of America
Are there any cases where a plaintiff has been successful in a claim that the government deliberately fabricated evidence?
MultiRegion, United States of America
In what circumstances would counsel have sought to limit the impact of a third party's allegation of making threats against a witness?
California, United States of America
When will a summary contempt citation be issued against an attorney for contempt of court?
MultiRegion, United States of America
Can an abstract of judgment be amended to reflect the actual sentence imposed by the trial judge?
California, United States of America
What is the standard for treating a jury verdict with awe?
Ontario, Canada
What is the current state of the law on obscenity in adult entertainment?
California, United States of America
Is there any evidence that "many jurors know about the admonition given to a defendant convicted of driving under the influence"?
California, United States of America
What is the test for "any reasonable trier of fact" in a sexual assault case?
California, United States of America
Does a defendant have to obtain a search warrant to search the home of the accused while he is in custody?
California, United States of America
What is the test for restarting the 5-year clock in a personal injury action?
Alberta, Canada
When authority from Scotland has been incorporated into our law, is it appropriate that we reconsider our decisions when authority from another jurisdiction is called into question in that jurisdiction?
Alberta, Canada
What is the effect of Rule 10(8) of the BCRA on the admissibility of a set of estimates?
British Columbia, Canada
What is the evidence supporting a finding that Chivas is a criminal street gang?
California, United States of America
What is the common law duty of a pedestrian to take reasonable care when using a roadway?
British Columbia, Canada
What is the test for a cause of action for battery failure?
California, United States of America
Is there a difference between a treating physician and an expert?
Ontario, Canada
What is the limitation period for a fraud cause of action?
California, United States of America
What is the test for a plaintiff to sue a local governmental entity for failing to comply with their obligations under the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the legal test for refusing to remove counsel as solicitor of record?
Ontario, Canada
What is the test for alcohol consumption in a motor vehicle accident?
California, United States of America
What is the test for determining whether a claim against an employer can be treated as an ordinary dispute between an employer and employee?
California, United States of America
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim?
MultiRegion, United States of America
What is the impact of drug use on a police community support officer?
California, United States of America
What is the test for success in a special relationship case?
British Columbia, Canada
In what circumstances will a jury be able to resolve conflicts between expert testimony?
Alberta, Canada
What is the meaning of "Actio Personalis"?
British Columbia, Canada
Does a state cause of action have to be a federal pre-emption?
California, United States of America
What is the current state of the law on privilege for confidential sources?
California, United States of America
Is it permissible to use a prior conviction to elevate petit theft to a felony under section 70 of the California Criminal Code?
California, United States of America
Does the de minimis rule apply to employee compensation cases specifically using the Lindow factors?
California, United States of America
Can a police file concerning an accident be used as a business record?
British Columbia, Canada
What jurisprudence should be considered in support of an appeal by a plaintiff in his BC Workers’ Compensation Appeal Tribunal case?
British Columbia, Canada
Can a jury be pressured into a verdict?
California, United States of America
Is an ex post facto law that increases the punishment associated with the crime after the crime has been committed?
California, United States of America
What is the effect of section 3626(a)(2) of the Criminal Code on preliminary injunctive relief granted to inmates?
MultiRegion, United States of America
Is a phone video that shows that a police officer used excessive force during an arrest, after the arrest, not on the ground?
California, United States of America
What is the model jury instruction on reasonable doubt?
MultiRegion, United States of America
What is the test for changing an order?
Nova Scotia, Canada
What is the test for "persuasiveness or forcefulness" in a criminal case?
California, United States of America
What are the findings of fact in ineffective assistance of counsel cases?
MultiRegion, United States of America
What is the test for determining whether a claimant has a vocational disability?
MultiRegion, United States of America
Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict?
Alberta, Canada
What is the test for abuse of discretion in the context of Section 1101 and Section 352 of the California Criminal Code?
California, United States of America
What is the effect of the doctrine of judicial abstention in a motor vehicle accident?
California, United States of America
Can a prosecutor vouch for the truthfulness of a witness?
MultiRegion, United States of America
What changes have been made to section 67 of the Criminal Code of Canada?
British Columbia, Canada
When will the probate court's comments on the issues of lack of consideration and fraud reflect the economic duress defense?
California, United States of America
What is the test for calculating damages for wrongful termination of a lease agreement?
British Columbia, Canada
How does the dictionary define a word?
"New York", United States of America
Does the voir dire of prospective jurors as to their views of the death penalty need to be sequestration?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the scope of a judicial review of a final decision by the Commissioner of Social Security?
MultiRegion, United States of America
What is the test for permanent disability for workers' compensation purposes?
California, United States of America
What is the test to overcome forfeiture in a civil case?
California, United States of America
What is settlement privilege and what is the test?
British Columbia, Canada
What is the test for substituting an alternate juror for reasonable cause?
MultiRegion, United States of America
What is a "speculative, irrelevant and/or hearsay" defense?
California, United States of America
Does the enhancement for personal infliction of great bodily injury apply to mayhem?
California, United States of America
Is a sentence based on facts not found by the jury or admitted by appellant pursuant to the Sixth Amendment?
California, United States of America
What are the implications of a court's failure to instruct on a lesser included offence?
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
Is a recipient of a disability benefit entitled to a hearing to appeal the action?
California, United States of America
Does a child have a responsibility to his or her parents to maintain the child?
British Columbia, Canada
What is the effect of a brief remark by an attorney to a jury in a civil case?
California, United States of America
What is the impact of a visa officer's failure to consider the applicant's property holdings and valuations?
Canada (Federal), Canada
What is the standard of review under s. 21(5) of the Courts of Justice Act?
Ontario, Canada
What is the effect of a judge's finding that a notice of intent was not served on the addresses of the beneficiaries of an appellant's estate?
British Columbia, Canada
What is the test for establishing that evidence is 'fruit of the poisonous tree'?
MultiRegion, United States of America
What is the test for a motion to suppress for abuse of power?
MultiRegion, United States of America
What is the effect of a judge's manner of proceeding in a personal injury case?
Ontario, Canada
What is the test for a declaration of false imprisonment under the hearsay rule?
California, United States of America
Can a court interfere with a trial court’s assessment of credibility?
Ontario, Canada
What evidence is sufficient to convict a defendant of a charge of sexual assault?
MultiRegion, United States of America
What is the test for a motion for failure to state a claim?
MultiRegion, United States of America
Can assets purchased after a triggering event be considered family assets?
British Columbia, Canada
Can a prisoner challenge a disciplinary conviction by petition for writ of habeas corpus?
MultiRegion, United States of America
What is the test for a common law interpretation of a statute?
California, United States of America
Is there any reason to award attorneys' fees to a plaintiff in a civil case?
MultiRegion, United States of America
Does fabricated evidence violate the Fourth Amendment?
MultiRegion, United States of America
Can a defendant produce her cellular phone records to prove conclusively that she was not speaking on her phone at the time of the accident?
British Columbia, Canada
Can a party resist disposition by way of summary trial?
British Columbia, Canada
Is there any case law in which a medical director or medical director has been found guilty of deliberate indifference?
MultiRegion, United States of America
What is the test for determining where a plaintiff is injured in a motor vehicle accident?
British Columbia, Canada
Does a Pitchess motion need to provide a motive for the alleged officer misconduct?
California, United States of America
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt?
California, United States of America
Does a lessor have a right to withdraw from a lease where there is only one well drilled by the lessee?
California, United States of America
How have courts dealt with the issue of prosecutorial misconduct in criminal cases?
California, United States of America
How have we reviewed an appeal from the trial court's confirmation of an award from an arbitrator?
California, United States of America
Is a judge required to warn petitioner before taking a disciplinary action against him?
California, United States of America
Can a driver of a motor vehicle give an audible warning with his horn?
California, United States of America
Can a jury at a sexual assault trial determine that the victim must have touched herself at defendant's instigation during the lingerie incident?
California, United States of America
When will a court award a cost of future care award for a plaintiff?
British Columbia, Canada
What is the range of sentences available to appeal against car theft sentences?
Alberta, Canada
Does Teran's failure to establish eligibility for asylum apply to him and his children?
MultiRegion, United States of America
What is the state of the law on driver's liability in a motor vehicle accident?
California, United States of America
What is the corpus delicti of the crime of murder?
California, United States of America
What is the scope of the federal government's obligations under the Federal Trade Commission Act?
MultiRegion, United States of America
What is the test for a claim under Section 1983 of the Federal Trade Act?
MultiRegion, United States of America
Does section 6146 of the California Code of Civil Procedure require heightened scrutiny?
California, United States of America
Does momentary handling of a controlled substance constitute possession?
California, United States of America
What is the test for a section 2255 motionant to challenge a guilty plea based upon a violation of Rule 11?
MultiRegion, United States of America
How has section 653g of the California Penal Code been interpreted by courts in the past?
California, United States of America
Does section 654, 667 and 667.5, subdivision (b) of the Criminal Code apply to a repeat offender who has been convicted of the same prior felony conviction?
California, United States of America
What jurisdiction does the Court have over a motion to dismiss on qualified immunity grounds?
MultiRegion, United States of America
Can a defendant challenge his sentence pursuant to section 667.61 of the California Criminal Code?
California, United States of America
What is the test for a "rational connection" between legislation and its objective?
British Columbia, Canada
What is the effect of section 654 of the California Code of Civil Procedure on a plaintiff's claim?
California, United States of America
What is the test for a jury to determine whether or not they found appellant guilty as an aider and abettor of an assault?
California, United States of America
Is a defendant who committed a murder without using a firearm entitled to a longer sentence?
California, United States of America
Is there an evidentiary hearing to resolve a claim of juror misconduct?
California, United States of America
Can a criminal charge be brought against a member of a criminal gang?
California, United States of America
What is the "some evidence" standard for a court to review a decision in a gang validation case?
California, United States of America
Does a defendant who has confessed to the commission of a crime have a constitutional right to object to the use of their confession?
California, United States of America
On a temporary motion, on what basis, is a support claimant required to establish a prima facie case for entitlement?
Ontario, Canada
On a motion to suppress, can the trial court determine the credibility of the witness?
California, United States of America
Does the exclusionary rule apply in the absence of probable cause?
MultiRegion, United States of America
Does a defendant have to pay restitution to the victim as a condition of his probation?
California, United States of America
Can a defendant who aided and abetted a crime be held liable for the crime committed in the same circumstances?
California, United States of America
In what circumstances will a defendant succeed in his claim that his signature was forged on his notice of appeal and request for a certificate of probable cause?
California, United States of America
Is there a cause of action for damages for a breach of the OHSA workplace investigation provisions?
Ontario, Canada
When can a court order retroactive support on an interim application?
Ontario, Canada
What is the test applied in an application for a non-suit?
Newfoundland and Labrador, Canada
What is the test for admitting identification evidence in a criminal case?
California, United States of America
What is the test for a defendant's right to remain silent?
California, United States of America
What is the duty of an architect to his client and to estimate costs fairly and reasonably?
Alberta, Canada
What is the test for cruel and unusual punishment for a juvenile offender for a non-homicide crime?
California, United States of America
Is the evidence insufficient to convict a defendant of murder for the alleged motive of the crime?
California, United States of America
What is a reasonable expectation of privacy between a person in custody and their attorney, religious advisor or physician?
California, United States of America
How have the courts interpreted the test for "by question asked [of] a witness"?
California, United States of America
What is the test for establishing substantial evidence in a marriage trial?
California, United States of America
What is the range of factors used to determine whether to grant a conditional discharge?
British Columbia, Canada
What is a plaintiff's responsibility to formulate the legal basis for her claim prior to litigation?
California, United States of America
What is the test for privacy protection in the context of search and seizure?
British Columbia, Canada
Is it reasonable for a plaintiff to travel to Victoria or Vancouver for an independent medical examination?
British Columbia, Canada
Does section 654 of the California Criminal Code prohibit a defendant from multiple punishment for forgery and commercial burglary in cashing a forged check at a bank?
California, United States of America
What is the test for habeas relief de novo?
MultiRegion, United States of America
What is the test for a statement of claim alleging breach of fiduciary duty?
Alberta, Canada
What is the test for dismissing a complaint for lack of jurisdiction under the Sherman Act?
MultiRegion, United States of America
What is the current state of the law on preliminary questioning by the police at the scene of a crime?
"New York", United States of America
What is the test for a mandamus proceeding to review an administrative order?
California, United States of America
Is a claim cognizable under Section 1983 if the information sought resulted in criminal charges?
MultiRegion, United States of America
