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.
Is the statute of limitations tolled when a final collateral challenge is denied?
MultiRegion, United States of America
Is a claim of federal constitutional error sufficient to invalidate a defendant's claim of state law error?
California, United States of America
What is the test for admitting evidence over a hearsay objection for abuse of discretion?
MultiRegion, United States of America
Is it improper to dismiss an employee who alleges that she was sexually harassed during the course of her employment?
MultiRegion, United States of America
Does section 654 of the California Penal Code apply to a crime of violence committed against more than one victim?
California, United States of America
What is the current state of the law on disclosure in civil matters?
British Columbia, Canada
What are the principles of just cause in the context of a dispute between two parties?
British Columbia, Canada
What is the state of the law regarding the conduct of a supervisor in a medical malpractice case?
MultiRegion, United States of America
Is Mary's actions as Power of Attorney to a donor raise concerns that she may be acting against the donor's interests?
British Columbia, Canada
What is the test for obtaining an authorization to name someone as an object of interception?
New Brunswick, Canada
What is the test for a court to accept a parent's request to relocate a child against the wishes of the other parent?
British Columbia, Canada
What is the test for a motion to compel production of accident investigation reports?
California, United States of America
Is it improper to comment upon a defendant's failure to introduce material evidence or to call logical witnesses?
California, United States of America
What is the test for cause for default in a personal injury case?
MultiRegion, United States of America
Can a Law Society of BC appeal against a decision that the Respondent failed to respond over a four-month period?
British Columbia, Canada
What is the test for waiver of the Sixth Amendment right to counsel?
MultiRegion, United States of America
Can you ask a witness what the meaning of a written document is?
MultiRegion, United States of America
What is the test for obtaining a certificate of probable cause to challenge a defendant's claim that their admission was not knowingly entered?
California, United States of America
Does a jury have a duty to find a defendant guilty only of the lesser included charge of gross vehicular manslaughter?
California, United States of America
What is the test for a party to obtain a permit to enter a public building?
Alberta, Canada
Is a third-party funding agreement required to indemnify the representative plaintiff against an adverse costs award?
Ontario, Canada
What is the test for determining whether the prosecution sustained its burden of proving the elements of a sentence enhancement beyond a reasonable doubt?
California, United States of America
Is unavailability of counsel a legitimate reason to adjourn an adjournment?
Ontario, Canada
What is the test for finding fraud under Section 523(a)(2)(A) of the Bankruptcy and Insolvency Act?
MultiRegion, United States of America
What is the case law on abuse of discretion when sentencing a convicted sex offender to probation rather than prison term?
California, United States of America
What is the test for overturning a child and spousal support award?
Manitoba, Canada
Can a bankruptcy judge's decision be reviewed de novo?
MultiRegion, United States of America
What is the test for “fair” in a personal injury case?
Saskatchewan, Canada
How have lake-bills of lading been interpreted by the courts?
Ontario, Canada
How can a court interpret a contract to rule on a demurrer?
California, United States of America
What is the test for a plaintiff to obtain 5 units under tariff item 34 of the B.C.S.P.O.R.L.A.A bill?
British Columbia, Canada
Does the "no arguable issue" standard apply to real property?
Nova Scotia, Canada
What is the test for a provincial court of inferior jurisdiction?
Alberta, Canada
What is the role of undertakings in dealing with the risk to the child of domestic violence?
Ontario, Canada
How have the Master applied the first test for a rule 45.02 order, involving the right to a specific fund?
Ontario, Canada
What is the finding of not guilty on both counts of common law offences against Her Majesty the Queen and R.P?
Ontario, Canada
What obligations does a trial court have to instruct a defendant on a specific defense?
California, United States of America
What is the burden of proving discrimination against a party?
British Columbia, Canada
Is a party who is not acting under color of state law, or is it a "state action" when they are involved in the management or control of a company that is not governed by the government?
MultiRegion, United States of America
What is the test for determining whether a petitioner would pose an unreasonable risk to public safety?
California, United States of America
What is the test for exclusionary rule in the context of search and seizure?
California, United States of America
Can a jury exclude photographs of a murder victim from the evidence in the trial of a witness in order to identify the victim?
California, United States of America
Does a defense counsel fail to introduce into evidence six letters of commendation from his prison employers?
California, United States of America
What is the test for discharging a jury when there is a hung jury?
California, United States of America
What is the standard of summation in a personal injury case?
California, United States of America
What is a criminal homicide and what is a manslaughter?
California, United States of America
What is the effect of a judge's admonishment to a jury in a sexual assault case?
Saskatchewan, Canada
How has the court interpreted a common mistake in rescission terms?
British Columbia, Canada
Is there any difference between male and female participation in sports?
MultiRegion, United States of America
What is the test for foreseeability in a claim for negligence?
California, United States of America
What are some of the most recent decisions in the history of the BC Supreme Court?
British Columbia, Canada
Is a defendant entitled to a jury instruction on the defense of duress?
California, United States of America
What is the test for admitting experimental evidence at a jury trial?
California, United States of America
On appeal from a judgment of dismissal after a demurrer without leave to amend, what is the test for making a complaint de novo?
California, United States of America
In what circumstances have courts found that maintaining a dock and parking are separate rights to an easement granted to access an island?
Ontario, Canada
How have courts interpreted the test for determining whether a social policy program failed to meet the individual’s needs and circumstances?
Canada (Federal), Canada
How does the Court of Appeal review the evidence to support a conviction?
California, United States of America
What is the test for reversal of a denial of a motion for a continuance?
California, United States of America
Can a defendant be convicted of a burglary and then convicted of receiving stolen property?
California, United States of America
In what circumstances will the Court consider whether counsel's representation was deficient?
California, United States of America
What is the test for a defendant to be convicted of aggravated assault on a peace officer?
California, United States of America
What is the test for an unlicensed salesman to be licensed to sell real property?
Saskatchewan, Canada
What are the consequences of high crime rates in high crime areas?
California, United States of America
What is the test for establishing that a party to a contract has a right to terminate the contract?
British Columbia, Canada
What is the test for a conviction for assault with a deadly weapon?
California, United States of America
How have the courts treated prejudice in the context of a claim that the burden of proving a defendant's sanity is on the public?
MultiRegion, United States of America
Does the well-settled civil law rule of reasonableness apply to landowner's actions in discharging surface water runoff into a natural watercourse?
California, United States of America
What is the test for making a claim that a product is defective?
California, United States of America
What is the test for a jury to decide whether a defendant is guilty of the lesser included charge of attempted voluntary manslaughter?
California, United States of America
Is a defendant who waives any or all Penal Code section 654 violations by failing to object below?
California, United States of America
When a party alleging duress has received independent legal advice and had a meaningful opportunity to review the domestic contract, can the court make a finding of duress?
Ontario, Canada
What is the test for bringing an appeal before the Court of Appeal?
California, United States of America
What is the test for a result-based construction of a patent application?
Canada (Federal), Canada
What is the test for determining whether a patient would have agreed to a prescription drug without the consent of their doctor?
Ontario, Canada
Is there any case law where the date of a marriage separation was determined on exceptional circumstances?
Alberta, Canada
Does section 654 of the California Criminal Code, Section 654, apply to punish a defendant for more than one offence?
California, United States of America
What is the test for establishing that flight is established?
California, United States of America
What is the applicable law for a Summary Dismissal Application?
Alberta, Canada
Can a resolution of 24 April 1980 be set aside on the grounds that it was not passed in good faith and not in the public interest?
British Columbia, Canada
What federal remedies apply to a plaintiff who has failed to exhaust remedies?
MultiRegion, United States of America
How has the court determined that appellant waived his right to a formal revocation hearing?
California, United States of America
What is the burden of ineffective assistance on appeal?
California, United States of America
Is Elias liable to criminal liability if he says that he was a member of a street gang?
California, United States of America
What is the test for determining whether a person has a valid claim under the California Civil Code?
California, United States of America
What is the current state of the law on the definition of "great bodily injury"?
California, United States of America
What is the test for a motion to suspend criminal proceedings pursuant to Section 1368 of the California Criminal Code?
California, United States of America
What is the legal test for remand under the "credit-as-true" rule for an award of benefits where there has been an error?
MultiRegion, United States of America
What is the burden of proving illegality in a civil case?
"New York", United States of America
What is an award for homemaking in a motor vehicle accident?
British Columbia, Canada
Does a mother have to plead guilty to Endangering the Welfare of the Child?
"New York", United States of America
Can lump sum spousal support be used to address property division issues?
Ontario, Canada
What is the burden on a party to challenge an order?
California, United States of America
Does a police officer have the authority to order a person to leave the scene of a bank robbery?
MultiRegion, United States of America
Can a school board fetter its statutory authority to transfer teachers pursuant to s. 83 of the School Act?
Alberta, Canada
What is the test for determining whether a trial court's error in failing to provide a copy of Page 9 of the California Civil Code is an error?
California, United States of America
What is the test for certifying an action as a class proceeding?
British Columbia, Canada
Does the evidence support a restitution award?
California, United States of America
What are the requirements for dismissing a claim for want of prosecution?
British Columbia, Canada
Can a charged sex offence be used to prove a defendant's propensity to commit another sex crime?
California, United States of America
What is the test for a motion for a continuance in a criminal case?
California, United States of America
What is a reasonable time to weigh an offer on an offer?
British Columbia, Canada
What is the standard of review of probable cause under the Fourth Amendment?
California, United States of America
Is there insufficient evidence of malice in the case of a defendant who was found guilty of assault by reason of gross negligence?
California, United States of America
What is the burden of proving that room 219 was used as a cocaine factory?
California, United States of America
How has Perrel J. OJ No. 178 considered whether a defendant has consented to having the action set down for trial?
Ontario, Canada
Can a motion to suppress evidence be brought on the basis that it was obtained as the fruit of a Miranda violation?
California, United States of America
What is the test for determining whether a defendant has a motive in abducting his ex-girlfriend?
California, United States of America
What is the test for being disabled for purposes of social security disability?
MultiRegion, United States of America
In a felony-murder case, what is the current state of the law on the defense of imperfect self-defense?
California, United States of America
What is the effect of a court order requiring a plaintiff to amend or amend his complaint?
MultiRegion, United States of America
What is the standard of appellate fact review in the context of an appeal?
Saskatchewan, Canada
Is substantial evidence sufficient to overturn a motion for a new trial?
California, United States of America
In what circumstances will a prosecutor be found not guilty of misconduct for failing to warn a witness not to refer to other investigations?
California, United States of America
Is a treating doctor's medical opinion given more weight than a non-examining physician's opinion?
MultiRegion, United States of America
What is the standard of review for a claim of excessive damages?
California, United States of America
What is the test to establish ineffective assistance of counsel?
MultiRegion, United States of America
Does Section 667.5, subdivision (b) of the California Penal Code apply retroactively to appellant?
California, United States of America
When will a landowner be required to submit an application for the right to develop the land?
California, United States of America
When will an appellate court decline to interfere in a trial decision?
Newfoundland and Labrador, Canada
Can the prosecution sustain its burden of proving that defendant suffered a prior strike conviction?
California, 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 factors are considered in determining whether a party should be entitled to special costs?
British Columbia, Canada
Is there any case law where a defendant has been granted a Miranda warning?
"New York", United States of America
What is the test for a stay of proceedings under section 106 of the Courts of Justice Act?
Ontario, Canada
What is the legal test for determining whether a defendant is liable for a motor vehicle accident?
Ontario, Canada
What is the burden of proving alternative designs to a claim for damages against a manufacturer for a defective design?
California, United States of America
What is the test for certification of a class action for settlement purposes?
Ontario, Canada
What is the difference between a plaintiff's and a defendant's mark?
MultiRegion, United States of America
What is the test for establishing a cause of action in a medical malpractice case?
Ontario, Canada
Does a plaintiff have an obligation to take all reasonable measures to reduce her damages?
British Columbia, Canada
Is it proper for the trial court to rule on an anti-SLAPP motion and not consider the first amended complaint?
California, United States of America
Can a defendant who fails to object to a jury's consideration of a lesser charge of assault have an implied consent to a related crime?
California, United States of America
What is the test for a jury to return a verdict of death in a murder trial?
California, United States of America
What is the effect of probation on a defendant?
California, United States of America
What is the general rule of public entity immunity?
California, United States of America
What is the test for an arbitration clause in a personal injury claim?
MultiRegion, United States of America
What is the test for probable cause in a felony preliminary hearing?
California, United States of America
Can a strata lot owner's use of strata lots be limited to temporary stays?
British Columbia, Canada
How is liability apportion in a motor vehicle accident?
British Columbia, Canada
What is the test for dismissing a pro se complaint without leave to amend?
MultiRegion, United States of America
What is the test for determining the quality of evidence presented to the magistrate at the preliminary hearing?
California, United States of America
What is the test for an independent officer under section 22 of the New York State Constitution?
"New York", United States of America
Can a panel of the US Supreme Court overrule a decision of the previous panel?
MultiRegion, United States of America
What are the elements of the doctrine of last clear chance?
California, United States of America
What is the test for medical expenses in a motor vehicle accident?
British Columbia, Canada
What is the test for defamation in defamation cases?
Saskatchewan, Canada
What is the test for impeaching a deputy district attorney for misconduct?
California, United States of America
What is the appropriate earnings approach for a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
What is the standard of review of a decision of the administrative tribunal?
Alberta, Canada
Does section 31 of the California Code of Civil Procedure allow a party to be held liable for a crime committed by a party that is not a principal?
California, United States of America
What is the test for a finding that the government's position was justified to a reasonable person?
MultiRegion, United States of America
When will a witness refuse to testify by invoking the privilege against self-incrimination?
California, United States of America
How have courts treated evidence of uncharged crimes and acts of misconduct in a criminal case?
California, United States of America
Does section 10 of the Charter require that the police advise everyone at the outset that they have no obligation to speak to the police?
Ontario, Canada
Is a search of a person's home a de novo search?
MultiRegion, United States of America
What is the test for overturning a conviction under section 11352 of the Criminal Code?
California, United States of America
Is insufficient evidence sufficient to overturn a jury's verdict?
California, United States of America
Is an injured police officer medically unfit to testify in court?
"New York", United States of America
What if a defendant fails to obtain a ruling on his objection that a witness has not been meaningfully qualified as a witness?
California, United States of America
Does the clean hands doctrine apply to common law spouses?
Nova Scotia, Canada
What are some exceptions to the general rule against bad character evidence?
British Columbia, Canada
What is the impact of section 1032 of the California Code of Civil Procedure 1032 on the doctrine of mandatory cost awards?
California, United States of America
Is there any case law where delay is a factor in a claim?
Canada (Federal), Canada
Is there any case law where a witness was not an accomplice?
Saskatchewan, Canada
What is the effect of improper and invalid service?
British Columbia, Canada
What is the test for issue of estoppel?
British Columbia, Canada
Does the word “immediate hazard” in the context of a motor vehicle accident constitute a standard of care?
British Columbia, Canada
What is the legal burden of proving there is no genuine issue for trial?
Ontario, Canada
Can a defendant appeal against his conviction for assault with intent to rape?
California, United States of America
What is the current state of the law on cross-examination of witnesses at trial?
California, United States of America
What is the test for establishing that newly available evidence does not constitute newly discovered evidence?
MultiRegion, United States of America
What evidence does the Court have to prove that there was abuse in admitting the tape?
California, United States of America
What is the current state of the law in relation to the balancing test?
MultiRegion, United States of America
What is the quantum of interest granted to a defendant in a patent case?
Ontario, Canada
In what circumstances can the general rule of law be overcome?
"New York", United States of America
In what circumstances will a wiretap of a bus depot be used to establish evidence of criminal activity?
Alberta, Canada
Does the crime of kidnapping for the purpose of robbery incorporate into the definition of section 207 of the California Penal Code?
California, United States of America
In what circumstances have the courts considered that a public interest group can challenge the underlying substantive decisions made by the regulatory authorities?
British Columbia, Canada
Is it sufficient for a court to find that a party's actions of partial or piecemeal litigation of issues in a dispute to be inconsistent with a right to arbitrate?
California, United States of America
What are the principles that underlie assessment of non-pecuniary damages?
British Columbia, Canada
Can a plaintiff rely on Rule 21.01(1)(a) to secure advice of the court about the soundness of its cause of action?
Ontario, Canada
What is the test for admissibility of evidence for abuse?
California, United States of America
What is the test for establishing that a boundary line is binding on the successors of the original parties?
California, United States of America
What is the test for a motion to exclude evidence in a sexual assault case?
California, United States of America
Can a municipal corporation be held to be a blanket insurer for every conceivable misfortune that befalls every citizen?
Alberta, Canada
Does a plaintiff have a constitutional right to present a defense in the absence of an expert opinion?
California, United States of America
What are the factors used to determine the length of notice for a civil servant?
Alberta, Canada
What is the test for a motion to dismiss a charge of assault brought by an appellant against two witnesses?
California, United States of America
How is the court in Canada assessing credibility?
British Columbia, Canada
Can Respondents be considered "proceeding on the issue of liability" under section 1032 of the California Vehicle Accident Act?
California, United States of America
What are the findings of an independent review of the record in the case of Kelly v Kelly?
California, United States of America
Does a party have jurisdiction to proceed in an action before the date of filing?
MultiRegion, United States of America
What is the test for a warrant under the Fourth Amendment?
California, United States of America
When will a jury accept defendant's entrapment defense?
California, United States of America
What is the test for determining whether the death penalty is disproportionate as applied in this case?
California, United States of America
Can a contractual attorney's fee provision allow the prevailing party to recover attorney's fees in a non-contractual or tort action?
California, United States of America
How has the Court dealt with a claim of prejudicial cumulative effect?
California, United States of America
Is there a single course of conduct engaged in by a speeding driver whose car struck and killed a pedestrian and continued to speed away?
California, United States of America
Is malicious prosecution and abuse of process an independent tort cause of action?
MultiRegion, United States of America
What is the test for determining the appropriate award for the cost of future care?
British Columbia, Canada
