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 quantum of damages for injuries sustained in an automobile accident on a highway?
British Columbia, Canada
What is the scope of the court's discretion to order production of documents under Rule 7-1(17)?
British Columbia, Canada
In a personal injury case, in what circumstances will a judge set a date for spousal support?
Ontario, Canada
What is the effect of inducement for an accused to confess to a crime?
MultiRegion, United States of America
What are the requirements for a jury to convict a defendant of attempted rape of an intoxicated person?
California, United States of America
What is the test for an extension of time on an appeal?
British Columbia, Canada
How have courts interpreted the doctrine of "opposition"?
California, United States of America
Does an indemnity agreement have to be signed to indemnify the city against unknown and unexpected risks?
California, United States of America
What is the effect of the prosecutor's comments to a jury in a capital murder trial?
California, United States of America
What is the test for a breach of a binding agreement?
Ontario, Canada
What is the effect of excluding common law spouses from family relief legislation?
Alberta, Canada
Does estoppel apply to a defendant who has agreed to a plea which exceeds the court's jurisdiction?
California, United States of America
What are the risks of attaching excessive weight to police testimony?
Canada (Federal), Canada
What is the test for having five or more members of one party who are not involved in a criminal conspiracy?
MultiRegion, United States of America
What is the difference between parole revocation proceedings and probation revocation proceedings?
California, United States of America
What is the test for a duplicative sentence under section 654 of the California Criminal Code?
California, United States of America
Are prior and at the time of purchase declarations admissible as evidence for or against the party who made them?
British Columbia, Canada
What factors will the court consider in determining whether a challenged action is a judicial action?
MultiRegion, United States of America
What is the test for a motion to postpone a trial on the ground of the absence of evidence?
California, United States of America
What are the consequences of an award of attorney fees pursuant to section 1021.5 for an abuse of discretion?
California, United States of America
Is a state court bound to rule on the merits of a federal claim?
MultiRegion, United States of America
Is a failure to commence an action within the applicable limitation period a complete defence?
Alberta, Canada
What is the definition of unue influence?
British Columbia, Canada
What is the test for establishing a conspiracy?
California, United States of America
Does a driver in the dominant position have a duty to avoid a collision?
British Columbia, Canada
Can an Affidavit of Documents be examined for discovery?
Ontario, Canada
What is the standard of reference to cases that have been fully cited?
Alberta, Canada
What is the test for self-contradiction in a sexual assault case?
Newfoundland and Labrador, Canada
Does a defense witness have a constitutional or statutory right to refuse to answer a prosecutor's question?
California, United States of America
What is the test for a change in a parenting order?
Nova Scotia, Canada
Does a plaintiff have a substantial right to sue the Defendant for breach of his substantial rights?
California, United States of America
Does the presence or absence of injury determine whether the force applied was likely to cause significant injury?
California, United States of America
Can an amended complaint change the classification of the Third Party Plaintiffs?
MultiRegion, United States of America
What is the effect of the prosecutor's comments to the jury in her closing argument about conditions in a maximum security prison?
California, United States of America
Does Counsel's failure to object to the imposition of a presentence report and a booking fee affect defendant's ability to pay the fees?
California, United States of America
Can a plaintiff recover attorney fees if he has succeeded in clearing title?
California, United States of America
What is the standard of care of a lawyer in Vancouver from 2000 to 2003?
British Columbia, Canada
What is the legal test for pleading not guilty by reason of insanity?
California, United States of America
What is the test for determining whether the force used by a police officer in a search and seizure case was excessive?
MultiRegion, United States of America
What is the test for the exclusion of evidence of moral turpitude in a criminal case?
California, United States of America
What is the test for "clear and indisputable" right to obtain a writ of motion?
MultiRegion, United States of America
What is the current state of the law on the doctrine of instructing a jury not to convict a defendant of a false denial of guilt?
California, United States of America
What is the test for making a claim in a personal injury case?
California, United States of America
What is the test for a claim for general damages in a sexual assault case brought by a plaintiff against a Church of Scientology member?
British Columbia, Canada
What is the test for grossly disproportionate punishment in a motor vehicle accident?
California, United States of America
What is the test for the purpose of an agreed liquidated damages clause in a contract?
Saskatchewan, Canada
Can a default judgment be issued against a defendant who fails to respond to a summons and complaint?
MultiRegion, United States of America
Can a defendant be punished under more than one provision of the California Criminal Code?
California, United States of America
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs?
Saskatchewan, Canada
Does a permissive presumption in the context of sexual assault affect the application of the "beyond a reasonable doubt" standard?
California, United States of America
What is the test for determining whether a defendant has a prior conviction for a sexual assault?
California, United States of America
Does the use of deception or communication of false information to a suspect render a confession involuntary?
California, United States of America
Can a trial court enter a default judgment in a marital dissolution action?
California, United States of America
Is a judge's failure to strike a recidivist finding an abuse of discretion?
California, United States of America
Does third party notice disclose a cause of action?
Alberta, Canada
What is the test for damages in a wrongful death action?
California, United States of America
How can a court establish constructive possession?
California, United States of America
What is the case law on the validity of evidence in a medical malpractice case?
British Columbia, Canada
Can a defendant be punished for more than one crime?
California, United States of America
What is the legal test for an application to compel the Court to consider a number of principles on an application?
British Columbia, Canada
What is the ultimate test for determining the best interests of the children?
New Brunswick, Canada
Can a defendant's claim of ineffective assistance be disposed of on the ground that he has failed to show sufficient prejudice?
California, United States of America
What is the test for unreasonable delay in applying for Charter of Human Rights?
Nova Scotia, Canada
What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion?
California, United States of America
When summary disposition is appropriate in a personal injury case?
British Columbia, Canada
What is the test for obtaining a warrant to search a person's home without a search warrant?
MultiRegion, United States of America
What is considered substantial success in a divided success case?
British Columbia, Canada
How is a determinate term sentence applied to a defendant who has been convicted of multiple crimes calling for determinate sentences?
California, United States of America
Is there any case law in which attorney's fees and costs were awarded on appeal?
California, United States of America
What is the test for establishing a "definite form" in a motion?
California, United States of America
What is the burden of obtaining judicial notice of a motion?
California, United States of America
What is the test for requesting a supplemental brief in a personal injury case?
California, United States of America
Can a judge of the same judge adjudicate two separate adjudications at the same time?
Saskatchewan, Canada
What is the burden of ineffective assistance on appeal?
California, United States of America
What is the test for an employee to voluntarily leave their employment?
Canada (Federal), Canada
What is the standard for appellate review of a motion to suppress pursuant to section 1538.5?
California, United States of America
Can a court add an execution creditor as a party to an application under s. 7 of the Family Law Reform Act, 1978?
Ontario, Canada
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements?
California, United States of America
In what circumstances will the court uphold a finding of intent to inflict grievous bodily harm?
California, United States of America
What is the test for directing a verdict in a medical malpractice case?
California, United States of America
What is the test for "extraordinary costs" in a personal injury case?
Ontario, Canada
What is the test for a motion for a mistrial?
California, United States of America
What is the test for committal in a motion for sexual assault?
Ontario, Canada
What is the test for sufficient evidence to convict a defendant in a sexual assault case?
MultiRegion, United States of America
Is a defendant's in-custody statements that he used abusive and threatening language to a witness during a period of time in custody admissible?
California, United States of America
Is a convicted rapist entitled to a life sentence?
California, United States of America
What is the duty of a trial court to instruct on the general principles of law relevant to the issues raised by the criminal case?
California, United States of America
Can the police enter a person's home without a warrant?
"New York", United States of America
Does section 1538 of the California Penal Code allow a defendant to move for the return of property or to suppress evidence obtained as a result of unlawful search or seizure?
California, United States of America
What is sufficient evidence to cause adverse credibility determination and call into question the credibility of the witness?
MultiRegion, United States of America
Is there a "bright line test" for determining whether a defendant has suffered prejudice from an instance of juror misconduct?
MultiRegion, United States of America
What is the test for excusable neglect under section 473 of the California Civil Code?
California, United States of America
What is the test for admitting hearsay statements by a child as evidence in a criminal case?
California, United States of America
How have courts overturned a finding that multiple sclerosis causes a person to suffer from a disability?
MultiRegion, United States of America
What is the burden of demonstrating that a release of federal rights is voluntary and informed?
MultiRegion, United States of America
What is the test for a motion to revoke or amend a detention order?
MultiRegion, United States of America
Can a defendant be sentenced to a life term under section 667.7 of the Criminal Code for the murder of his ex-girlfriend?
California, United States of America
What is the burden of proving express malice in a case of attempted murder?
California, United States of America
Can a defendant refuse appointed counsel and represent himself at trial?
MultiRegion, United States of America
Can an attorney verify a pleading for his client when the client is absent from the county in which the attorney has his office?
California, United States of America
How far has the anti-SLAPP statute been broadened to include a governmental entity?
California, United States of America
Does a motion to adjourn trial following a superseding indictment for abuse of discretion need to be considered before the US Supreme Court?
MultiRegion, United States of America
How has the Law Society of BC dealt with the issue of misrepresentation?
British Columbia, Canada
Is evidence of a statement made to a witness by a person who is not himself called as a witness admissible?
British Columbia, Canada
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
Can a trial court give an instruction to a defendant in a sexual assault case, whether or not they request it?
California, United States of America
If there is no clear agency between the parties, can the parties be considered fiduciary?
Alberta, Canada
What is the legal test for specific intent in a murder case?
California, United States of America
What is the test for a finding of premeditation in a second-degree murder case?
California, United States of America
Can a finding that a defendant was acting upon a sudden quarrel or heat of passion reduce murder to voluntary manslaughter?
California, United States of America
What is the test for adding a party to an application to add a party?
British Columbia, Canada
How is a defendant's net worth determined in determining damages?
California, United States of America
What is the test for determining material contribution and causation in a motor vehicle accident case?
Ontario, Canada
What is the definition of negligence of a lawyer?
Alberta, Canada
Does a passenger need to board a plane before a customs stop?
MultiRegion, United States of America
How have counsel for the examining party been advised to conduct their own examination for discovery?
British Columbia, Canada
What is the standard of conduct of a defendant in a civil action?
California, United States of America
How have the reasons been interpreted in this context?
British Columbia, Canada
What is the correct approach when a contract was formed?
Saskatchewan, Canada
What is the test for a motion for a mistrial in a civil case?
British Columbia, Canada
What is the test for establishing reasonable and probable cause in a sexual assault case?
Nova Scotia, Canada
What is the test for determining whether a search warrant can be issued in a different state?
MultiRegion, United States of America
Can a defendant waive his right to a jury trial on the truth of a prior prison term allegation?
California, United States of America
What is the test for a judge sitting on a special case?
British Columbia, Canada
Does a defendant have a right to change his mind at a preliminary hearing?
California, United States of America
Is there a fundamental right to be given notice of a specific charge in a criminal case?
MultiRegion, United States of America
In a diversity action, in what circumstances can the opposing parties claim attorney's fees for the prevailing party?
MultiRegion, United States of America
What is the difference between a date of conviction and the date of the crime?
California, United States of America
When a police officer submits a written affidavit of probable cause for a search pursuant to a warrant, what is the burden of the issuing magistrate of the warrant?
California, United States of America
What is the test for assessing the quantum of capital loss for the purposes of a widow's claim?
British Columbia, Canada
What is the current state of the law requiring an explicit warning from the police for consensual detention?
California, United States of America
What is the test for determining whether a trust can recover litigation costs and attorneys' fees from the estate of a deceased?
California, United States of America
Are the first five letters from the adjusters privileged within the meaning of the rule?
British Columbia, Canada
What is the test for a successful party to be successful in a claim?
Alberta, Canada
How have courts dealt with a motion to represent the appellant in a personal injury case?
California, United States of America
What is the standard of evidence used by a rape defendant to prove that the alleged victim consented to sex?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a waiver analysis be used to assess the harm caused by disclosure of a deliberative decision making process?
MultiRegion, United States of America
What is the test for determining whether or not a superior court judge has any powers or authority to order that a defendant be bound by the Criminal Code?
Ontario, Canada
What is the impact of the doctrine of last clear chance?
British Columbia, Canada
What is the "good faith exception" to the exclusionary rule?
California, United States of America
Is a missing witness charge governed by federal or state law?
MultiRegion, United States of America
Is there any liability for expenses of a receiver who is not the agent of the party but is a servant or officer of the court?
British Columbia, Canada
What is the test for granting relief from default in cases of failure to file a timely notice of appeal?
California, United States of America
What is the definition of "sexual conduct consisting of contact between the penis and the anus of another person"?
California, United States of America
What is the test for finding a juror guilty of misconduct?
California, United States of America
Is a one-time capital gain treated as a factor bearing on a payor's income for support purposes?
British Columbia, Canada
Does a restitution fine imposed at the time of probation survive the revocation of probation?
California, United States of America
What is the test for a subdivision under section 85.3 of the Land Title Act?
British Columbia, Canada
What is the test for eligibility to be a judge?
California, United States of America
What is the test for establishing that a defendant must be convicted beyond a reasonable doubt?
California, United States of America
In what circumstances will a judge be found to have acted in a "judicial capacity" and in the complete absence of all jurisdiction?
MultiRegion, United States of America
What is the test for freedom of expression in the context of the Charter?
Alberta, Canada
What is the sufficiency of evidence argument in the case of a minor in possession of a concealable weapon?
California, United States of America
Is a bankruptcy court's decision whether to award attorney's fees reviewed for abuse?
federal, United States of America
What is the difference between a claim and counterclaim?
British Columbia, Canada
Is a pension plan not a family asset?
Prince Edward Island, Canada
Does a failure to object at sentencing to statements contained in a presentence report bar collateral relief?
MultiRegion, United States of America
What is the test for feeding in a disability claim?
Canada (Federal), Canada
What is the test for adding a constructive trust claim?
Ontario, Canada
What is the test for abuse of discretion in in-court identification?
MultiRegion, United States of America
Does a physician following a recognized medical practice result in a finding of no negligence?
Alberta, Canada
How have courts reviewed a conditional release order for a person committed to a state hospital?
California, United States of America
What is professional misconduct defined by the Law Society of BC?
British Columbia, Canada
What is the test for a court to vary a temporary custody order?
Ontario, Canada
Is a prosecutor misconduct if they attacks the integrity of defense counsel?
California, United States of America
What is the test for excluding evidence in a personal injury case?
California, United States of America
What is the current state of the law on causation in medical malpractice cases?
Alberta, Canada
What is the current state of the law on eyewitness identification?
"New York", United States of America
How should siblings be raised together?
Ontario, Canada
What is the venue of a letter addressed to a plaintiff in a personal injury claim?
MultiRegion, United States of America
What are the rules governing discovery in criminal cases?
California, United States of America
Is there any case law where a plaintiff's delay in seeking damages from appellants in a personal injury action is justified?
California, United States of America
If a motion court granted limited inspection for the purpose of determining the sufficiency of the indictment, would this be an abuse of power?
"New York", United States of America
Are there any cases where the Queen was found guilty of unlawful domination?
Alberta, Canada
If a petty officer is injured on a naval base or installation while on liberty or leave, does the general rule apply?
MultiRegion, United States of America
What is the impact of the Covid-19 pandemic on parental access?
Ontario, Canada
What are the consequences of a dismissal pursuant to section 1381.5 of the California Penal Code?
California, United States of America
How is a sentence reviewed de novo in the 9th Circuit?
MultiRegion, United States of America
What is the CRT's jurisdiction when it comes to deciding the format of a hearing?
British Columbia, Canada
What is the standard of review for questions of law, credibility, mixed fact and law and penalty?
Ontario, Canada
Does a former employee have a right to enter into competition with the business of his former employer?
California, United States of America
What is the firefighter's rule in the context of a chemical lawsuit?
MultiRegion, United States of America
Is there a statutory time limit for seeking judicial review of a reinstatement order?
MultiRegion, United States of America
What is the test for applying the ordinary rules of evidence in a civil case?
California, United States of America
Is Section 3147 of the Criminal Code interpreted as "any other sentence of imprisonment"?
MultiRegion, United States of America
What is the test for a motion to dismiss in the interest of justice?
"New York", United States of America
Is there any case law where a reasonably competent attorney advised a defendant to admit prior convictions that qualify as a strike?
California, United States of America
What is the meaning of section 11(1) of the Civil Procedure and Civil Procedure Act?
MultiRegion, United States of America
Does the majority of the California Supreme Court have found a Fifth Amendment violation even when the state has not technically "compelled" a defendant to produce their testimonial disclosures?
California, United States of America
Can a plaintiff in a personal injury case proceed as against parties or their privities in a subsequent lawsuit?
California, United States of America
Does remand and remand serve any purpose in sentencing for assault with intent to cause grievous bodily harm?
California, United States of America
What is the standard for awarding damages in a personal injury case?
British Columbia, Canada
What is the test for establishing that a judgment or order of a lower court is presumed to be correct on appeal?
California, United States of America
Does the continuing duty of the prosecution to turn over material that might establish the truth of a defense witness extend to exculpatory evidence?
California, United States of America
What is the role of the Court of Appeal in determining the voluntariness of consent?
California, United States of America
Can intentionality or mismanagement be found to be a factor in the purposeful dissipation of farm assets?
Saskatchewan, Canada
What is the current state of the law in relation to the prosecution of an alleged terrorist organization?
MultiRegion, United States of America
In what circumstances will a jury acquit a defendant of a lesser charge of a greater charge?
California, United States of America
Is there any case law where the arresting officer has been found liable for failing to follow his own instructions?
MultiRegion, United States of America
