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 legal test for liability of a vendor in the sale of real property?
British Columbia, Canada
How have the courts treated appellant's claims in the context of Section 1237.5 of the California Criminal Code?
California, United States of America
Does a jury instruction misstated an element of the statutory crime?
MultiRegion, United States of America
Is collateral estoppel or res judicata a defense?
MultiRegion, United States of America
Can an employer use a pension contribution holiday?
British Columbia, Canada
Does the exclusionary rule apply when a search warrant is invalid?
MultiRegion, United States of America
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend?
California, United States of America
What is the test for determining whether a government can provide adequate protection to a victim of domestic violence?
Canada (Federal), Canada
Is a failure to exhaust administrative remedies an affirmative defense?
MultiRegion, United States of America
Is there any case law where a member of the public has been allowed to enter the board room and substitute their judgment for that of the board?
California, United States of America
What is the test for 'unavailable as a witness' under the Colorado Evidence Code?
California, United States of America
What is the test for obtaining a search warrant from a police officer in a protected area such as a curtilage?
California, United States of America
What is the current state of the law on freedom of speech in the context of defamation claims?
MultiRegion, United States of America
What is the test for obtaining a perpetual licence for access to a party's property?
British Columbia, Canada
Is a jury's failure to instruct the jury with a unanimity instruction harmless beyond a reasonable doubt?
California, United States of America
Is there any case law where defense counsel objected to the prosecutor asking the jurors' questions?
California, United States of America
Is a failure to allege refusal to allege "unwillingness or refusal" demurable?
British Columbia, Canada
What are the grounds on which to argue that a witness has to cross-examine the witness using only a Spanish interpreter?
California, United States of America
What are the implications of the First Amendment for First Amendment rights of a plaintiff?
California, United States of America
Is a stay of a civil rights action pending exhaustion of his habeas remedies reviewable as a collateral order?
MultiRegion, United States of America
Is there any case law supporting the words "necessary disbursements"?
British Columbia, Canada
Is it discriminatory practice for a group of persons acting in concert to communicate or cause to communicate repeatedly hate messages over the Internet?
Canada (Federal), Canada
In what circumstances will a defendant be found competent to stand trial?
California, United States of America
What is the test for a claim against a supervisor for deliberate indifference?
MultiRegion, United States of America
Is a police officer entitled to search the outer clothing of a person in search of weapons?
California, United States of America
What is the burden of proving a claimant voluntarily left their employment?
Canada (Federal), Canada
What is the test for a motion requiring defendants to file an answer?
MultiRegion, United States of America
What is the test for liability under the natural and probable consequences doctrine?
California, United States of America
What is the test for establishing that a criminal street gang exists?
California, United States of America
What is the burden of proving that a waiver of the Miranda rights was voluntary?
MultiRegion, United States of America
What are the factors that determine the amount of contraband seized by an individual in a criminal case?
California, United States of America
Is an agent's right to compel arbitration dependent on its relationship with the signatory party?
California, United States of America
Is a police vehicle entitled to a qualified privilege to use its lights and sirens?
"New York", United States of America
What is the test for establishing that an accused has a Charter violation?
Manitoba, Canada
How have courts dealt with sexual abuse allegations in the context of immigration issues?
MultiRegion, United States of America
In what circumstances have lawyers been found to have committed malpractice?
California, United States of America
What are the consequences of failing to submit objections to a motion requiring the parties to oppose the motion?
MultiRegion, United States of America
How have subsequent judgments in a criminal case been determined to run concurrently?
California, United States of America
What is the legal test for drawing an adverse inference in a sexual assault case?
British Columbia, Canada
What is the impact of section 5 of the Indian Code of Civil Procedure on Indian rights?
MultiRegion, United States of America
What factors must be considered when balancing the risks inherent in the product, as designed, against its utility and cost?
Ontario, Canada
What are the mitigating factors in a sexual assault case?
California, United States of America
In what circumstances have courts dealt with this subject?
California, United States of America
If a pension surplus exists and is accessible, entitlement is entitlement?
Alberta, Canada
What are the exceptional qualities of a declaratory judgment?
British Columbia, Canada
What is the test for denying a defendant's claim that he is not a sex offender?
California, United States of America
What is the difference between a prosecutor's statement that the presumption of innocence "is going to vanish when you start deliberating"?
California, United States of America
What is the test for an intervener to adopt a payment as a discharge from a debtor?
Saskatchewan, Canada
What is the meaning of the word "self-representation" in the context of a motion?
California, United States of America
Is a declaratory relief action barred by the statute of limitations prescribed in Code of Civil Procedure?
California, United States of America
What is the test for obtaining consent from an inmate to be medicated?
California, United States of America
What is the case law on the lesser evil when dealing with medical malpractice?
"New York", United States of America
Does a fiduciary who makes medical care decisions have the power to enter into an arbitration agreement?
California, United States of America
What is the test for overturning a conviction for first degree murder based on premeditation and deliberation?
California, United States of America
Can a juror be excused from a jury?
California, United States of America
What is the legal test for withdrawing a guilty plea?
Ontario, Canada
What are the implications of the Court's decision to vacate the sentence and remand for resentencing before a different judge?
MultiRegion, United States of America
Is a person who is not a legal alien entitled to the same level of scrutiny as a plaintiff in a civil case?
California, United States of America
What is the burden of proving excusable neglect?
California, United States of America
What are the factors used to determine whether a defendant has a relatively weak case?
California, United States of America
Does a limited partner of a real estate syndicate have the capacity to bring a representative cause of action?
"New York", United States of America
What is the test on "undue hardship" before a judicial review?
British Columbia, Canada
What is the standard of proof in sexual harassment cases?
Canada (Federal), Canada
What is the test for possession of phencyclidine under the Controlled Substitute Act?
California, United States of America
What is the meaning of the first paragraph of an order requiring disclosure of a plaintiff’s medical records?
British Columbia, Canada
Can a prosecutor be disqualified from the office of the District Attorney's Office for allegedly overcharging?
California, United States of America
Does a certificate of probable cause need to be included in a notice of appeal?
California, United States of America
What is the test for making reasonable accommodation for a disabled employee?
California, United States of America
How has the court interpreted other-crimes evidence in a trial where a defendant admitted that he had committed a crime against a witness?
California, United States of America
What standard applies to a harmless error review?
California, United States of America
Does the failure to charge the jury that accomplice testimony should be scrutinized with special care and caution constitute plain error?
MultiRegion, United States of America
What is the state of the law on the credibility and weight of expert testimony?
California, United States of America
Does ineffective assistance of counsel constitute ineffective representation of counsel?
California, United States of America
What is the test for error in the Code of Civil Procedure?
California, United States of America
What is the legal basis for a conviction for possession with intent to distribute narcotics?
MultiRegion, United States of America
What is the test for a party alleging a Charter section 15 infringement?
British Columbia, Canada
What is the current state of the law on credibility in cases where there are significantly different versions of events?
British Columbia, Canada
How have courts treated the improper suggestion that a defendant should have testified and expressed remorse?
California, United States of America
What is the test for a parent to be deemed unfit to care for their child?
Ontario, Canada
Does a judgment debtor have any interest in the lands in question?
Ontario, Canada
What is the test for awarding attorneys' fees for abuse of discretion?
MultiRegion, United States of America
In what circumstances will the courts refuse to grant a motion of defence in a murder trial?
California, United States of America
What is the test for damages under the Guarantee?
Ontario, Canada
Is a section 1203.2a claim forfeited by failure to object at the time of imposition of sentence?
California, United States of America
Is detrimental reliance not a necessary element of a claim for pure economic loss?
British Columbia, Canada
What are the damages for negligence arising out of two motor vehicle accidents which occurred in quick succession on January 6, 2007?
British Columbia, Canada
Does the statute of limitations bar a plaintiff from seeking and denying post-deprivation due process?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What material facts must be disclosed to a judge on an ex parte motion?
Ontario, Canada
Can a defendant withdraw his guilty plea and enter a not guilty plea?
California, United States of America
What is the test for corroboration in a sexual assault case?
California, United States of America
Does a midtrial amendment need to be amended or amended?
California, United States of America
What is the test for refusing to instruct a co-conspirator to become an informer?
MultiRegion, United States of America
What are the elements of a cause of action for breach of fiduciary duty?
California, United States of America
What is the definition of the executor de son tort and conduct which has given rise to liability?
Alberta, Canada
What is the test for denying a motion to suppress evidence?
California, United States of America
What is the test for admitting or denying a grievor's evidence at a grievance arbitration?
Ontario, Canada
What is the current state of the law on the misuse of trust funds?
Ontario, Canada
Is it inappropriate and premature to require an individual to set aside additional funds on an involuntary basis?
Ontario, Canada
What is the effect of discretionary transfer for prosecution as an adult under section 5032 of the Children's Rights Act?
MultiRegion, United States of America
Can an amended complaint filed after the statute of limitations be deemed as of the date of the original complaint?
California, United States of America
What is the risk taken by counsel in prosecuting this action?
MultiRegion, United States of America
What are the elements of a cause of action for an easement by necessity?
California, United States of America
What is the test for retroactive child support?
British Columbia, Canada
How has section 654 of the Penal Code been applied in sexual assault cases?
California, United States of America
What is the burden of proving an accomplice to a crime?
California, United States of America
What are the governing principles for an award for loss or impairment of housekeeping capacity?
British Columbia, Canada
Is a lease agreement enforceable against eviction or disturbance?
Saskatchewan, Canada
What is the test for assessing the cost of future care provided to a plaintiff in a mental health case?
British Columbia, Canada
What is the mandatory minimum sentence for possession with intent to distribute methamphetamine under section 841(b)(1)(B)(viii) of the Federal Drug Code?
MultiRegion, United States of America
Does a foreclosure constitute irreparable harm?
MultiRegion, United States of America
How have courts exercised jurisdiction under section 922(g)(1) of the Federal Criminal Code?
MultiRegion, United States of America
Is proof of the precise entity having ownership not essential?
British Columbia, Canada
Does Section 10 need to be adjudicated in the courts?
British Columbia, Canada
What is the test for pleading the defense of former jeopardy?
California, United States of America
What is the result of an application for disclosure of the solicitor's file in a personal injury case?
British Columbia, Canada
What is the legal test for changing an attorney in a personal injury action?
California, United States of America
What is the test for admitting evidence in support of a claim of self-defense?
California, United States of America
Does the Attorney General have any basis to argue that petitioner is guilty of laches?
California, United States of America
What is the current state of the law on judicial notice?
California, United States of America
Is there any qualified immunity for officers who rely on approval given by an attorney and signed by a magistrate to obtain a facially invalid warrant?
MultiRegion, United States of America
What is the test for a motion to withdraw a guilty or no contest plea?
California, United States of America
What is the test for superseding a pleading in a motion to obtain leave to proceed in forma pauperis?
MultiRegion, United States of America
What is the burden of proving all elements of an alleged sentence enhancement beyond a reasonable doubt?
California, United States of America
What is the current state of the law on the basis of evidence of a tip from an informer?
British Columbia, Canada
Can a defendant be charged with multiple great bodily injury enhancements for a single crime?
California, United States of America
What are the grounds for dismissal and remand the action to a state court?
MultiRegion, United States of America
What is the test for qualified immunity in a civil case?
MultiRegion, United States of America
Does the admission of testimonial hearsay against a criminal defendant violate the Sixth Amendment right to cross-examine witnesses?
California, United States of America
Are named plaintiffs eligible for reasonable incentive payments?
MultiRegion, United States of America
What is the burden of establishing that an applicant has been subjected to past persecution?
MultiRegion, United States of America
Is there an express indemnity clause in the contract between the contractor who claimed indemnity, and the subcontractor whose employee was injured?
California, United States of America
Does a judge have authority to review and reduce the restitution ordered in a judgment of conviction pursuant to Section 2255 of the Criminal Code?
MultiRegion, United States of America
What is the prima facie case requirement for establishing that a defendant before the court is not a criminal defendant?
"New York", United States of America
What is after-acquired cause?
British Columbia, Canada
Is there any case law where specific prejudice was found against the original defendant?
Manitoba, Canada
Does a person have a common law right to change their name without a legal proceeding?
California, United States of America
Does the search of a van without a warrant violate the Fourth Amendment?
California, United States of America
Can a shareholder of a company file a certificate of pending litigation?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Is a failure to grant oral argument a reversible error in the absence of prejudice?
MultiRegion, United States of America
What is the test for a challenge to the sufficiency of evidence in a criminal case?
California, United States of America
What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion?
California, United States of America
How has the court treated evidence in the case of the possession of a prison-made knife in a surprise attack?
California, United States of America
Is R.J. J.'s relationship by blood terminated by blood to the mother?
Ontario, Canada
Does the rule of leniency apply to a defendant who has been found guilty of contempt of court in a civil case?
MultiRegion, United States of America
What is the government's burden to prove that its position was substantially justified?
MultiRegion, United States of America
What is the effect of the word “or their heirs” in English language?
Saskatchewan, Canada
Is it futile to remand this case, considering the gravity of the crime and the absence of extenuating circumstances?
California, United States of America
Does a judge have the power to overturn a judgment of death in a death penalty case?
California, United States of America
What is the test for a driver who registers below the 50mg/100ml limit for driving under the Vehicle Accident Prevention Act?
British Columbia, Canada
Is absolute privilege attached to statements made in court?
British Columbia, Canada
What is the duress defense?
California, United States of America
What is the test for reducing child support when the father has 40 percent access?
British Columbia, Canada
What is the test for determining whether a judge's conduct was prejudicial?
California, United States of America
What is the test for appeal from a child custody order?
British Columbia, Canada
Are there any new issues that the Court will consider on appeal?
MultiRegion, United States of America
What is the consequence of a trial counsel's failure to follow an instruction on page 6 of the California Civil Code?
California, United States of America
Does a consent decree need to be reviewed de novo?
MultiRegion, United States of America
Is there any case law in which a trial court erred in excluding the proffered evidence?
California, United States of America
What is the test to determine testamentary capacity?
British Columbia, Canada
What is the test for a defendant to appeal against his conviction for assault under section 245 of the California Penal Code?
California, United States of America
Does the court err in waiving the requirement that plaintiffs exhaust their administrative remedies before pursuing their claim in federal court?
MultiRegion, United States of America
Is service of a garnishee summons binding any debt due or accruing due?
Saskatchewan, Canada
What is the standard of review for the purpose of determining whether a company has infringed a registered trademark?
Canada (Federal), Canada
What is the test for establishing robbery?
California, United States of America
What is the appropriate compensation for an easement which has been declared?
British Columbia, Canada
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation?
Ontario, Canada
What is the current state of the law in relation to restrictions on the use of public highways?
California, United States of America
Is there any case law supporting the assertion of public interest privilege?
Alberta, Canada
How do courts determine whether a prisoner's notice of appeal was timely filed on the date it was delivered to prison staff for delivery to the court?
MultiRegion, United States of America
Is it unwise to impose upon the judiciary the inquisitorial function of scrutinizing the internal operations of law enforcement agencies?
MultiRegion, United States of America
Is there any case law supporting a finding of continuing contravention of human rights legislation?
British Columbia, Canada
What is the test for making a minor criminal a serious crime?
"New York", United States of America
Does a judge have authority to instruct a plaintiff to pursue a particular theory?
California, United States of America
How have the courts interpreted the term "interrogation" under the Miranda Act?
California, United States of America
Are there any conflicts of interest obligations of a strata council member?
British Columbia, Canada
What is the test for a parent to be responsible for the actions of their child?
British Columbia, Canada
What is the standard for disclosure of documents pursuant to Rule 6(1)(d and 5)?
Canada (Federal), Canada
When will the Court of Appeal review the findings of the District Court?
MultiRegion, United States of America
What is the test for determining damages for loss of use in a civil action?
California, United States of America
Is a contract entered into by parties with a purpose to mislead the authorities of the US tax authority, or is it immoral, illegal and contrary to public policy?
British Columbia, Canada
Is there insufficient evidence to support plaintiff's claim that the design of the horn cap was defective?
California, United States of America
Does the forfeiture rule apply when the trial court sets forth the sentence it intends to impose?
California, United States of America
Does a motion for appointment of counsel need to be considered in pro per or pro per?
California, United States of America
What is the de novo standard of review applied in cases involving sexual assault cases?
California, United States of America
Does a defendant have a constitutional right to have counsel present closing argument to the trier of fact?
California, United States of America
What remedies are available to a plaintiff who has received privileged information from an opposing party but not used it in litigation?
British Columbia, Canada
What is the Minister of Justice's task?
Canada (Federal), Canada
What is the test for a written resignation?
Yukon, Canada
What is the test for conducting a de novo review of the law in the context of the Indian Supreme Court?
California, United States of America
Does a sentence imposed on count 4 under section 654 of the California Criminal Code apply under the multiple victim exception?
California, United States of America
Does failing to register as a sex offender constitute a cruel and unusual punishment?
California, United States of America
When will a jury be instructed to find involuntary manslaughter?
California, United States of America
What is the range of damages for lost income in a human rights case?
Ontario, Canada
Does a certificate of probable cause need to be sought for an appeal?
California, United States of America
Can a witness at an employment tribunal be required to provide general confirmatory information?
Alberta, Canada
Does the duration of the Yellow Light Interval render photographs inadmissible under the hearsay rule?
California, United States of America
Is a plaintiff's claim that she was fired to prevent her pension from vesting valid?
MultiRegion, United States of America
What is the standard of conduct of opposing counsel in civil litigation?
California, United States of America
