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 defence of the defence that the engine was not true to type and would not develop the rated horse power?
Saskatchewan, Canada
What is the legal test for certifying that statutory language in the Civil Code of Civil Procedure is mandatory?
MultiRegion, United States of America
Does a plaintiff have standing to sue?
California, United States of America
What is the legal test for a parent to be liable for battery under the doctrine of self-defense?
California, United States of America
Is omitting an element of the offense in jury instructions subject to harmless error analysis?
California, United States of America
What is the test for determining whether judgment as a matter of law is appropriate in a medical malpractice case?
California, United States of America
What is the test for an employer to enforce an obligation to render personal service or to employ another in personal service?
MultiRegion, United States of America
How have the courts dealt with allegations of harassment and harassment in a civil case?
California, United States of America
Is a plaintiff's claim that his conviction and sentence violated the Double Jeopardy Clause in light of the civil forfeiture of his automobile is foreclosed?
MultiRegion, United States of America
What is the test for an expert's opinion in a medical malpractice case?
California, United States of America
Does the release rule apply to a tortfeasor who has been involved in a motor vehicle accident?
California, United States of America
What is the rule of the law of our circuit on a motion to amend or amend a habeas petition?
MultiRegion, United States of America
What is the burden of establishing a disability by demonstrating that the claimant can perform other types of work in the national economy?
MultiRegion, United States of America
What is the legal test for discharging a juror from a jury in a civil case?
California, United States of America
Does a personal tax return containing only a name, address, occupation, and signature constitute a tax return under the Internal Revenue Code?
MultiRegion, United States of America
Can an application to stay an action be made against an arbitration clause in the operative agreement between the parties?
British Columbia, Canada
What is the test for dismissing a motion for abuse of discretion?
MultiRegion, United States of America
What is the definition of a proceeding?
Ontario, Canada
What is the standard of review applied in cases involving hearsay evidence?
California, United States of America
What are the implications of the Court of Appeal's decision not to grant a suspended sentence to an appellant in his criminal case?
California, United States of America
Does the Attorney General have the authority to determine whether there was extrinsic fraud at the sentencing hearing of a defendant?
California, United States of America
What is the test for proving professional negligence?
California, United States of America
What is the burden of producing evidence for the purposes of contempt?
MultiRegion, United States of America
Does the tender rule apply when a deed of trust is invalid?
California, United States of America
What factors are considered in determining whether to grant probation to a defendant?
California, United States of America
What is the test for spreading word or rumour?
Saskatchewan, Canada
Are costs payable in the cause or in the motion?
Ontario, Canada
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction?
California, United States of America
Is there any difference between an informer's privilege and the observation post privilege?
British Columbia, Canada
What is the burden of showing prejudice against a defendant in a civil case?
California, United States of America
What is the "mailbox rule" used to calculate tolling of the statute of limitations under AEDPA?
MultiRegion, United States of America
What is the test for reasonable suspicion of trespassing on a woman's property?
California, United States of America
Does the standard of reasonable doubt apply to a piece of evidence?
Nova Scotia, Canada
Is a court presumed to have followed the applicable law when exercising its discretion to reinstate a defendant on probation?
California, United States of America
In what circumstances will the Lord Chancellor and the Court of Appeal refuse to rule that a motion brought after the original hearing has been heard?
Ontario, Canada
What is the state's failure to protect convicted inmates against assault by fellow inmates?
MultiRegion, United States of America
What is the test for "aidle and abets the commission of a crime"?
California, United States of America
What are the exceptions for making personal expenses payments in lieu of support?
Ontario, Canada
What is the current state of the law on international treaty obligations?
British Columbia, Canada
What is the test for a motion to suppress evidence?
California, United States of America
How has the California State Bar Association dealt with a recommendation of disbarment against an attorney who refused to perform services for which he was engaged?
California, United States of America
Is this application for a continuation of the examination for discovery which took place in May 2014 dismissed?
British Columbia, Canada
Is limited common property a common common expense of a strata corporation?
British Columbia, Canada
What is the state of the law regarding the physical act requirement and the constitutional right of a suspect not to answer police questions?
MultiRegion, United States of America
What is the effect of the absence of a doctor from the witness-box at trial?
Saskatchewan, Canada
Is an ordinance to regulate gambling within the jurisdiction of the Municipal Police Service valid if not in conflict with general law?
California, United States of America
Can a motor vehicle be searched without a warrant?
MultiRegion, United States of America
Can a notice of discontinuance be set aside if the notice was intended to avoid an interlocutory order?
Ontario, Canada
In what circumstances will the US Supreme Court strike down a draft section of the R.S.W.D.C.A.R.A(1) of the Civil Rights Act?
MultiRegion, United States of America
What is the test for a party who has been awarded or is to be awarded costs for fees and disbursements?
British Columbia, Canada
What is the test for putting anti-freeze in the pockets of a pedestrian?
Alberta, Canada
What is the legal test for search and seizure of personal data under s. 8 of the Charter?
Alberta, Canada
What is the duty of disclosure in a search warrant affidavit?
California, United States of America
Does a victim who suffered economic loss as a result of sexual assault receive restitution directly from a defendant convicted of the crime?
California, United States of America
What is the test for proving a claim of error under de novo review?
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
How much deference should a Minister of Justice be accorded to surrender?
British Columbia, Canada
What is the test for granting probation in a criminal case?
California, United States of America
What is the test for removing a trustee from a trust?
British Columbia, Canada
Can the allegation of possession of a defaced weapon be sustained?
"New York", United States of America
Can a police officer's personnel file be used in their criminal defense?
California, United States of America
What is the test for a motion to recuse a judge?
MultiRegion, United States of America
Does a society have to pay for death and sickness benefits?
British Columbia, Canada
Can a police officer with a baton, mace and stun gun reasonably fear that a suspect would cause him physical harm?
California, United States of America
Can consent be sought in search and seizure cases?
California, United States of America
What are appellant's arguments in a personal injury action?
California, United States of America
What is the effect of having to cohabitate with a partner to recover from a serious sexual assault?
California, United States of America
What is the meaning of the term "under cultivation"?
British Columbia, Canada
How have courts dealt with the issue of workplace drug use?
California, United States of America
In what circumstances will a court order that the Pitt Polder Preservation Society be able to continue to preserve the land it owns for future generations?
British Columbia, Canada
What is the test for due process in civil litigation?
California, United States of America
What is the substantial evidence standard of review for an appeal from a jury trial?
California, United States of America
Can a Bank of Montreal cardholder who has exceeded the credit limit on a line of credit (i.e. a co-debt) be held liable for overspending?
Alberta, Canada
What is the test for an application to set aside a default judgment?
British Columbia, Canada
What is the test for a defendant's claim that he had to use "no more force than was reasonably necessary" to defend himself?
California, United States of America
Is there any case law where a defendant has pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
Can a court order that the names and addresses of class members who have opted out of a class action?
British Columbia, Canada
What is the factual background to a claim for damages arising out of a motor vehicle accident?
California, United States of America
Does the trial court erred in entering convictions of burglary and petty theft?
California, United States of America
Is a public employee entitled to a pension when they retire?
California, United States of America
Does a crime of rape, kidnapping require a live victim?
California, United States of America
When a witness asserts her Fifth Amendment privilege, what is the test for the privilege?
MultiRegion, United States of America
What are the implications of saving for retirement income during marriage?
British Columbia, Canada
Is a public employee entitled to a right to tenure?
California, United States of America
Can an implied contract override the terms of an express agreement?
California, United States of America
What is the scope of a probation officer's supervisory role in a sex offender treatment program?
MultiRegion, United States of America
How have the courts interpreted the words "serious reasons for considering" in Section F of the Employment and Immigration Act?
Canada (Federal), Canada
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime?
California, United States of America
What steps must a father take to change his relationship with his new girlfriend?
Nova Scotia, Canada
Does a jury instruction misstate elements of the statutory crime?
MultiRegion, United States of America
What is the burden of proving an administrative order or decision?
California, United States of America
Does a court have to determine "petitioner's eligibility for resentencing based on a record of conviction based on the record of the petitioner's eligibility to resentencing"?
California, United States of America
What is the test for admitting a video where there is evidence that the video was selectively edited?
Ontario, Canada
Is probation an act of clemency in lieu of punishment?
California, United States of America
Is a person who aided and abetted a confederate in the commission of a criminal act liable for any other crime committed by that party as a result of that party's actions?
California, United States of America
What is the test for perfect self-defense/defense of others?
California, United States of America
Can a breach of trust or fiduciary duty result in the award of solicitor and client costs?
Alberta, Canada
What is the test for determining whether a kidnapping has increased the risk of harm beyond that necessarily present in the underlying crime?
California, United States of America
How have courts interpreted the factors identified in Contino, supra?
Saskatchewan, Canada
What is the test for declining to hear an appeal?
New Brunswick, Canada
Is a deported alien permitted to petition for a review of his deportation order?
MultiRegion, United States of America
Can a cross-complaint be filed against a party who is not a party to the original action?
California, United States of America
What is the test for admitting or denying a motion to forfeit a claim in a civil case?
California, United States of America
What is the test for a motion to suppress a motion where a police officer has been watching a house from a public street?
California, United States of America
Does a declaration of delinquency have to be promptly adjudicated?
"New York", United States of America
Is there any case law in which a defense counsel was admonished or reprimanded for misconduct during a closing argument?
California, United States of America
Is a parent intentionally underemployed if that parent chooses to earn less than he or she is capable of earning?
Ontario, Canada
What is the test for a challenge to the constitutionality of a statute that prohibits certain types of sexual activity?
MultiRegion, United States of America
What is the preferred approach to terminating an exclusive sales agency relationship?
British Columbia, Canada
What is the test for review of the sufficiency of evidence in the absence of a directed verdict?
MultiRegion, United States of America
Is disclosure of information obtained from a police officer required under the Public Prosecutions Act limited to the case?
California, United States of America
What is the date of plaintiff's civil rights claim?
MultiRegion, United States of America
What is the current state of the law on continuous disability benefits?
MultiRegion, United States of America
What is the current state of the law on prejudice in a witness statement?
California, United States of America
When will a joint custody order be granted?
Ontario, Canada
When will a defendant be allowed to question an eyewitness at a preliminary hearing?
California, United States of America
What is the test for mental health issues to be considered bad behaviour by a landlord in a residential unit?
Nova Scotia, Canada
What is the test for abridging a prisoner's civil rights as a result of medical malpractice?
MultiRegion, United States of America
What is considered deliberate indifference in a medical malpractice case?
MultiRegion, United States of America
What is the scope of the federal government's role in determining the guilt of a defendant?
MultiRegion, United States of America
When is a crime arising out of the same transaction a crime against the property interests of several persons, rather than one of violence, permissible punishment?
California, United States of America
Can a trial judge reasonably find that a minor made a knowing and voluntary waiver of his Miranda rights?
California, United States of America
Can a plaintiff claim compensation for the loss of sick bank credits?
British Columbia, Canada
In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test?
California, United States of America
In what circumstances will the court dismiss a claim for spousal support?
British Columbia, Canada
In a motion to dismiss for failure to state a claim, in what circumstances will the court consider an insurance policy attached to the complaint?
MultiRegion, United States of America
Is there a double jeopardy test in the context of two separate criminal conspiracy cases?
MultiRegion, United States of America
What is the impact of the Fourth Amendment on the search and seizure of electronic communications?
MultiRegion, United States of America
When determining responsibility for the publication of an opinion by the editor-in-chief of a news website, can the trier of fact consider individual statements as a whole?
British Columbia, Canada
What is the test for admitting evidence in a motor vehicle case?
Ontario, Canada
What is the test for “sparingly” exercise the power of appellate review in cases such as this?
Ontario, Canada
Can a defendant exclude evidence of his membership of a criminal gang?
California, United States of America
What is the test for determining whether causation is sufficient to justify an award under Government Code section 31720(a)?
California, United States of America
Is there any error in the judgment against White on his disability discrimination claim?
California, United States of America
What is the current state of the law in the context of sexual assault cases?
California, United States of America
What is the test for disclosing the name of an informant who is a material witness in a criminal case?
California, United States of America
Can a lis pendens be filed under s. 48(1) and (2) of The Queen’s Bench Act?
Saskatchewan, Canada
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence?
California, United States of America
What is the test for a motion of motion for Proprietary Rights in Economical as Mutual Policyholders?
Ontario, Canada
What is the test for determining whether a court will award costs under Rule 24 of the Family Rules?
Ontario, Canada
Can a motion for leave be heard in Central West or in Toronto?
Ontario, Canada
What is the test for an argument that the jury improperly instructed the jury to convict defendants for aiding and abetting assault or murder?
California, United States of America
What are the pleadings in the writ of summons and statement of claim in action S0-8800?
British Columbia, Canada
Can a trial judge leave a jury in a position where it must rely mainly on the addresses of counsel for its verdict?
British Columbia, Canada
Can substantial evidence be sufficient to convict a defendant beyond a reasonable doubt?
California, United States of America
Does a trier of fact have to consider standard of care before determining whether there has been a breach of the standard or otherwise?
Ontario, Canada
What is the test for a judge to order that counsel's statements are not evidence?
MultiRegion, United States of America
How has the term "great bodily injury" been interpreted in the context of section 461 of the California Criminal Code?
California, United States of America
What is the test for a government official to be found guilty of gross misconduct in a civil case?
MultiRegion, United States of America
What is the test for estoppel in the context of a plaintiff’s application of estopple?
British Columbia, Canada
How has the jury considered evidence of intoxication in determining whether a defendant acted with malice in a second-degree murder case?
California, United States of America
Does the prosecution have a duty to disclose to the defense the existence of a beer bottle containing a defendant's shoe print before trial?
California, United States of America
Is Szilard v.Szilard equally applicable to a judge?
Alberta, Canada
What is the test for vulnerability in a fiduciary relationship?
Ontario, Canada
Does the non-levy of taxes make a dedication complete?
Ontario, Canada
Is it unlawful to kill in a motor vehicle accident?
MultiRegion, United States of America
Does a federal district court's finding that the federal government engaged in sentencing entrapment in the context of a drug case have any relevance?
MultiRegion, United States of America
Can Novagas obtain approval from the Court of Appeal?
Alberta, Canada
What is the test for objecting to Section 654 of the California Criminal Code?
California, United States of America
Is a Minister's decision to order the surrender of a person subject to review?
British Columbia, Canada
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised?
Manitoba, Canada
What is the burden of ineffective assistance of counsel?
California, United States of America
What is relevant evidence in a criminal case?
California, United States of America
Is a defendant entitled to a contemporaneous objection to the court's statement of reasons?
California, United States of America
In what circumstances will a court order the striking of a pleading in a personal injury case?
Ontario, Canada
Is it standard practice to serve offers to settle in matrimonial litigation?
Ontario, Canada
What is the effect of the prosecutor's closing argument at a jury trial of a defendant in a sexual assault case?
California, United States of America
What is the test for setting forth the offence in the words of the Criminal Code?
MultiRegion, United States of America
What is the effect of admitting or excluding evidence in a civil case?
California, United States of America
What is the test for determining whether a threat to kill was sufficiently unequivocal, unconditional, immediate and specific?
California, United States of America
Is there any error not to instruct the jury on involuntary manslaughter?
California, United States of America
Can a criminal defendant waive his right to testify by conducting a certain manner?
MultiRegion, United States of America
What are some examples of the law of assignable rights of action in tort?
Saskatchewan, Canada
What is the defence of the truth in a defamation case?
Nova Scotia, Canada
What is the test for a motion of appeal against a finding that a parent has not met his/her burden?
Nova Scotia, Canada
How have courts dealt with a motion to set aside a default judgment based on extrinsic fraud?
California, United States of America
How has the court been challenged for any abuse of discretion in awarding spousal and child support?
California, United States of America
What is the test for successfully challenging a conviction on grounds of ineffective assistance of counsel?
California, United States of America
What are the elements of a civil rights claim?
MultiRegion, United States of America
What is the test for appeal against the exclusion of evidence in a sexual assault case?
California, United States of America
What is the test for unrepresented litigants at trial?
Ontario, Canada
When will a court award a share in the increase in the value of a property in the absence of expert testimony?
Ontario, Canada
Is a sentence within the statutory limits subject to appellate review?
MultiRegion, United States of America
What is the test for a federal judge to uphold a state's decision not to enforce an anti-pregnancy law?
MultiRegion, United States of America
What are the implications of a Wende brief asking the Court to review the record for error?
California, United States of America
What is the test for determining whether a witness is an accomplice?
California, United States of America
What is the test for determining whether a court abused its discretion in declining to award a penalty for failing to properly assess a plaintiff?
California, United States of America
Is shooting at an inhabited dwelling or a occupied motor vehicle a general intent crime?
California, United States of America
In what circumstances will the court interpret the testimony of accomplices as witnesses in a criminal case?
California, United States of America
What are the elements of lying in wait and what are the implications of this instruction?
California, United States of America
What is the standard of review applicable on appeals such as this?
British Columbia, Canada
How much time, effort, and expense will the court have to spend presenting evidence at a good faith hearing?
California, United States of America
What is the test for determining whether a decision by an administrative board is an abuse of discretion?
California, United States of America
How have courts interpreted section 1208(b)(10) of the California Code of Regulations?
California, United States of America
What is the test for a judge to deprive a successful party of his costs?
Saskatchewan, Canada
What is the standard of review of evidence to support a finding of gang membership?
California, United States of America
What is the test for determining whether a person contributed to the increase in value of their property during a long-term relationship?
British Columbia, Canada
Is a debtor who transfers property to a non-arms’ length third party who has transferred property subject to the debtor’s subsequent bankruptcy?
Canada (Federal), Canada
What is the test for a writ of habeas corpus granted to an in service conscientious objector?
MultiRegion, United States of America
How have courts interpreted the test set out in a federal district judge's order?
MultiRegion, United States of America
