Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for establishing a uniform fair price at which milk can be sold?
"New York", United States of America
Is a gross royalty trust a valid trust document?
Alberta, Canada
What is the test for attributing significance to a word, phrase, sentence and part of a rule?
California, United States of America
Is a restitution fine imposed under section 1202.4 subject to section 654?
California, United States of America
How have the parties agreed to delay consideration of certification of a class action against Morgan Stanley?
MultiRegion, United States of America
Is a letter entitled to be without prejudice privileged?
Ontario, Canada
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
How have courts dealt with cases where a petition has been successful where the petitioner has actually been able to provide care for the petitioner's child?
"New York", United States of America
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa?
Ontario, Canada
What is the test for 'discretionary exclusion' in a medical malpractice case?
California, United States of America
What is the standard of review when the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the duty of a real estate broker or salesperson toward a prospective buyer of a property?
California, United States of America
What is the test for liability for breach of the rule in Rylands v Fletcher v Fletcher?
Nova Scotia, Canada
When an unverified opposition to a motion is unverified or unverified, does the court have any authority to dismiss the opposition?
California, United States of America
What is the standard of review for questions of mixed fact and law?
Canada (Federal), Canada
Is the admission of a prior criminal conviction relevant to the evidence used to prove that he had knowledge of explosive devices?
MultiRegion, United States of America
When will an administrator be removed because they are not acting in the best interests of the estate?
British Columbia, Canada
What is the test for a pleading of a lesser included crime?
California, United States of America
Does section 667 of the California Penal Code constitute "two ... nearly identical statutory schemes"?
California, United States of America
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search?
California, United States of America
What is the role of the district attorney in criminal proceedings?
California, United States of America
What are the principles to be considered in determining a claim for loss of future earning capacity?
British Columbia, Canada
What is the meaning of the phrase "in respect" in the Income Tax Act?
Canada (Federal), Canada
Can a former employee be held liable in a supervisory capacity in a medical malpractice case?
MultiRegion, United States of America
Is there any case law or case law that would change the disposition of a defendant in a civil case?
California, United States of America
What is the test for obtaining a warrant to search a defendant's bag?
"New York", United States of America
How have the courts treated the credibility of a number of witnesses on appeal?
MultiRegion, United States of America
Does the court have a duty to instruct the jury on voluntary and attempted voluntary manslaughter?
California, United States of America
What is the test for requiring expert testimony in a disability application?
MultiRegion, United States of America
What is the duty of a university to accommodate a student with a learning disability?
Ontario, Canada
Is a defendant barred from driving the same vehicle after receiving and taking a vehicle?
California, United States of America
How have courts applied the rule of majority fair value appraisals on appeal?
California, United States of America
Is there standing to challenge a third party's failure to give a Miranda warning?
California, United States of America
What is the test for allowing a plaintiff to amend their complaint?
California, United States of America
Can a police dog be sued for failing to identify illegal substances in a search and seizure?
MultiRegion, United States of America
How have courts interpreted the word "executor" in a testamentary document?
"New York", United States of America
What is the test for a jury to acquit a defendant in a fraud case?
MultiRegion, United States of America
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award?
Ontario, Canada
What is the test for plain error review in civil cases?
MultiRegion, United States of America
What is the credibility of the evidence provided by the respondent in his application for Canadian citizenship?
Canada (Federal), Canada
Does a court's failure to instruct on the specific intent required for a conviction on a theft theory constitute an error?
California, United States of America
What is the effect of a stay on counts one and three on sexual assault charges?
British Columbia, Canada
What is the test for failing to provide a proper medical report?
California, United States of America
Is a defendant's statement that he had raped and killed before the crime relevant?
California, United States of America
What constitutes a vexatious proceeding or an abuse of the court’s process?
British Columbia, Canada
What is the effect of the one judgment rule on cross-complaint?
California, United States of America
What is the test for making an advance payment in a personal injury case?
New Brunswick, Canada
What is the test for foreseeable damages in a motor vehicle accident?
Ontario, Canada
Is it a misuse of Evidence Code Section 352 to exclude Defense evidence?
California, United States of America
When applying state law, how does a federal court apply state law?
MultiRegion, United States of America
What is the test for determining whether a buyer had the financial ability to perform under a purchase agreement?
California, United States of America
What is the test for intentional publication of a false statement of fact?
California, United States of America
Does the intention not to drive afford a valid defence to a charge of care or control ?
Alberta, Canada
What is the effect of section 8 of the California Constitution on the appointment of a "short term" judge?
California, United States of America
What is the test for a motion for a reasonable time limitation in the context of time limits?
MultiRegion, United States of America
What is the test for ineffective counsel in a personal injury action?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for “overriding error” in the context of a challenged finding of fact?
Prince Edward Island, Canada
What is the test for a jury to convict a defendant based solely on circumstantial evidence?
California, United States of America
Is a defendant's acquiescence in the Rule 11 procedures by signing a written guilty application inadequate?
MultiRegion, United States of America
What are the fiduciary duties of an employer in an employment relationship?
Ontario, Canada
How have courts interpreted the rational basis test in a battery case?
California, United States of America
Can an accused plead a plea of autrefois acquit?
Saskatchewan, Canada
Does the law of the case doctrine preclude a litigant from seeking a writ of appeal against a finding that the trial judge was an impartial judge who failed to instruct on lesser included offenses?
California, United States of America
If a plaintiff fails to fix his complaint, can a district court convert dismissal into dismissal of the entire action?
MultiRegion, United States of America
What authority does a court have to hear debate over a adjudicator’s findings?
Saskatchewan, Canada
Is a vehicle carrying insurance under the statutory limits an uninsured vehicle?
California, United States of America
What is the test for determining whether a judge's conduct has improperly shifted the balance against a defendant?
MultiRegion, United States of America
Does a trial court allow evidence of abuse to be admitted in a sexual assault case?
California, United States of America
Does the court have a sua sponte duty to instruct the jury that knowledge of nature of a silencer was not a fact or constructive possession?
California, United States of America
Can a party waiver solicitor/client privilege once they put their communications in issue?
Ontario, Canada
Is there any case law where a plaintiff's mental state was recorded in a notebook and calendar?
California, United States of America
What is the current state of the law in this circuit when it comes to determining whether a treating or nonexamining physician's opinion is valid?
MultiRegion, United States of America
What is the necessity for parties to consider electronic evidence provisions alongside more established rules?
Newfoundland and Labrador, Canada
What is the current state of the law on privacy in email communications?
"New York", United States of America
Is M'Chigeeng First Nation entitled to be added as a party to a costs action?
Ontario, Canada
In what circumstances will a caveat be allowed to be lodged on a piece of land where the caveator’s claim is invalid?
Alberta, Canada
What is the test for a certificate of probable cause?
California, United States of America
What is the legal test for awarding double costs in a personal injury action?
British Columbia, Canada
What are the elements of a prima facie case for retaliation?
MultiRegion, United States of America
What is the test for a claim for retaliation in violation of the First Amendment?
MultiRegion, United States of America
What is the general rule permitting a seller, as a prevailing party, to recover its costs under section 1032(b)?
California, United States of America
What is the effect of having an associate physician testify before a jury?
"New York", United States of America
What is the effect of the court’s intervention in the affairs of a corporation?
Ontario, Canada
What is the standard of review on appeal of a finding of premeditation and deliberate murder?
California, United States of America
What is the difference between whether an employer is an agent of an insurance company or the agent of the insurance company?
Nova Scotia, Canada
What is the standard of living of a married couple?
Ontario, Canada
In what circumstances will a defendant be convicted of possession of burglar's tools?
"New York", United States of America
In what circumstances will a jury foreclose a finding of knowledge on the basis that a defendant was willfully ignorant as to how a P2P file-sharing program operates?
MultiRegion, United States of America
What is the test for determining the quantum of an inheritance when determining the amount of support awarded by the Court of Appeal?
British Columbia, Canada
What is the test for an appeal from an interlocutory order to review a disposition?
federal, United States of America
What is the test for abuse of a district court's denial of a Rule 33 motion on the basis of newly discovered evidence?
MultiRegion, United States of America
What is the test for establishing that a gift is intended as a gift?
British Columbia, Canada
Can a probation officer's report include this circumstance?
California, United States of America
Does a defendant have a waiver of their right to counsel if they are asked to speak in a witness statement?
California, United States of America
What factors are considered to determine the quantum of exemplary damages awarded against a defendant who is found guilty of a breach of the Corporations Act?
California, United States of America
What is the defense of necessity in the context of a murder case?
California, United States of America
What is the test for filing a criminal complaint for gross negligence in a motor vehicle accident?
California, United States of America
What is the test for determining that a case may or may not be unusual for an abuse of discretion?
California, United States of America
What is the class of interests of a plaintiff who is unable to register under the present law?
Ontario, Canada
What is the test for determining if an owner caused damage to a strata?
British Columbia, Canada
What is the test for evidence of past parenting?
Prince Edward Island, Canada
What is the test for establishing that a disability benefits application is a "sequential process"?
MultiRegion, United States of America
What is the standard of review for a writ of habeas corpus?
MultiRegion, United States of America
What is the statute of limitations for conspiracy and grand theft?
California, United States of America
Can solicitor client privilege attach in circumstances where payment of fees is relevant to the merits of the case?
Ontario, Canada
What is the test for a partial rescission of arrears under a child support order?
Ontario, Canada
Can a plaintiff in a civil case claim that they were denied notice and an opportunity to be heard below?
MultiRegion, United States of America
Is evidence of a previous statement not inadmissible under the hearsay rule?
California, United States of America
Is there any harm in a trial judge seeing another file?
California, United States of America
Is a mere reference to a criminal record admissible at trial?
California, United States of America
Does Defendant have any evidence to support request 14, that plaintiff falsely alleged he had never been investigated for a crime?
California, United States of America
What is the test for uniqueness in a contract?
Alberta, Canada
Is there any case law where a defendant has been found guilty of indecently assaulting a child without the need to grab the child by the arm and hold the crying victim to the ground?
California, United States of America
What factors are considered to determine the range of financial support available to a severely disabled recipient?
Ontario, Canada
Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence?
California, United States of America
Does appellant have to change her theory on appeal if she wants to compel arbitration on behalf of her claim?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does a prosecutor's argumentative comment that "this was all a big misunderstanding" on cross-examination constitute prejudicial misconduct?
California, United States of America
What constitutes preparation and what constitutes the act done toward the commission of the crime?
California, United States of America
Can a firearms officer refuse to license a handgun because the applicant has become ineligible for licencing?
Ontario, Canada
What is the difference between (1) a breach of contract and (4) actual loss or damage resulting from the attorney's negligence?
California, United States of America
In assessing the conduct of all persons involved in the detention of an accused, what is the effect of section 503 of the Criminal Code?
British Columbia, Canada
Can a plaintiff who signed an arbitration agreement not be bound by the terms of the agreement because she did not know what she was signing?
California, United States of America
What is the standard of review of a decision by a tribunal?
Newfoundland and Labrador, Canada
What is the test for determining whether a defendant is eligible for probation under section 1203.066 of the California Criminal Code?
California, United States of America
What is the common law and statutory procedure for holding an open hearing?
Ontario, Canada
In what circumstances will an insurer be permitted to apply for relief in its own name and to be added as a co-defendant?
Manitoba, Canada
What is the history of child protection decisions and assessments of a mother's mental health and personality issues?
Ontario, Canada
What is the test for co-principal liability in a murder case?
Canada (Federal), Canada
What is the test for a jury to determine whether a defendant committed a deliberate and deliberate murder by lying in wait?
California, United States of America
What is the test for establishing an agreed boundary?
California, United States of America
What is the test for overturning a first degree murder conviction for insufficiency of evidence?
California, United States of America
When will a court order retroactive spousal support?
British Columbia, Canada
What is permissible police intrusion of an individual?
"New York", United States of America
Is there any case law in which a federal or state prosecutor committed reversible misconduct?
California, United States of America
Does double-celling violate the Eighth Amendment?
MultiRegion, United States of America
What circumstances will lead to the imposition of supervised access?
Nova Scotia, Canada
Does the Family Code Guidelines need to be more flexible in dealing with disabled adult children and their parents?
California, United States of America
Is a wife entitled to pendente lite attorney fees as a result of a denial of a continuance of trial?
California, United States of America
Can a consent judgment be set aside if the consent was executed by counsel and issued by the court?
Saskatchewan, Canada
Is the Sossin Affidavit necessary to include references to U.S. law?
New Brunswick, Canada
Is an obligation to become self-sufficient an obligation?
British Columbia, Canada
Does a third party psychotherapist have a duty to warn the intended victim?
California, United States of America
When a beneficiary of a trust receives dividends from the trust, does the beneficiary have to pay tax on the net income of the trust?
"New York", United States of America
In what circumstances will Euro-Ex have to prove that it has a reasonable system in place to ensure the safe design, construction and inspection of such ramps?
Ontario, Canada
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately?
California, United States of America
Does appellant forfeit the right to raise the issue below?
California, United States of America
Does Section 1170.18 of the California Criminal Code apply to a defendant who has served time in prison for a previous criminal conviction?
California, United States of America
Can a defendant sue for malicious prosecution respecting any count for which he was acquitted?
Alberta, Canada
What is the test for “falling to exercise his right of use and occupation”?
Saskatchewan, Canada
What are the factors used by the Law Society of BC to determine whether or not a disciplinary action is appropriate?
British Columbia, Canada
Is there estoppel where a Court of Appeal grants a new trial of an entire case without restriction?
British Columbia, Canada
What is the test for proving a constructive trust in the absence of evidence of a severance of the joint tenancy?
British Columbia, Canada
How have the courts dealt with a claim for personal injury arising from the death of a plaintiff's daughter?
California, United States of America
What is the test for attorney's fees in a contract?
California, United States of America
Does the "plain meaning" rule apply to section 11105 of the California Civil Code?
California, United States of America
What are the limitations of the Roman Catholic Church in determining the validity of a marriage?
Canada (Federal), Canada
What is the test for a jury to convict a defendant in a sexual assault case?
California, United States of America
How have courts interpreted section 364 of the California Statutory Limitations Act?
California, United States of America
What is the test for entitlement to lump sum spousal support?
Nova Scotia, Canada
What are the elements of fraud in the inducement?
California, United States of America
Is a state parole board member liable for damages under the Civil Rights Act?
MultiRegion, United States of America
What is the legal test for a jury in a personal injury case where the jury was asked to read the jury's instructions?
California, United States of America
Can a criminal defendant obtain confidential peace officer personnel records?
California, United States of America
Can a defendant be found guilty of an attempted criminal threat?
California, United States of America
In what circumstances will a lawyer be reinstated from suspension pending reconstruction of his general account?
Ontario, Canada
What is the test for an independent review under People v. Wende?
California, United States of America
What constitutes a robbery if the crime is initially taken without use of force or fear?
California, United States of America
What is the test for requiring a police officer to be advised of his constitutional rights before making the choice between incriminating himself or losing his job?
California, United States of America
What is the test for obtaining a continuance of a witness?
California, United States of America
What is the test for making a post-Guidelines order for child support?
Yukon, Canada
What is the test for an allegation of reprisal?
Ontario, Canada
What is the effect of section 654 of the California Criminal Code on a single charge?
California, United States of America
Can a class action be brought against a party who has been evicted from a home where personal property has been placed in storage pursuant to a writ of possession?
California, United States of America
What is the test for entitlement to spousal support for a physician who is a physician?
Ontario, Canada
What is the test for bringing an action against a district attorney in a civil case if the district attorney does not attend the hearing?
"New York", United States of America
What is the effect of counsel concurring on the issue of nuisance to the jury?
British Columbia, Canada
What is the test for "de novo" review?
MultiRegion, United States of America
What is the legal test for a management fee?
British Columbia, Canada
What are some of the most common instruction manuals available to the Court of Appeal?
Canada (Federal), Canada
Is a 90% deduction for motor vehicle expenses valid?
Ontario, Canada
Is a fiduciary officer permitted to enter into an engagement where he has a personal interest?
British Columbia, Canada
If defendant waives his relevance and prejudice objection, does the court have any power to rule otherwise?
California, United States of America
What is the likelihood of disqualifying a law firm for failing to disclose a conflict of interest within a two year period?
Alberta, Canada
When a child seeks to deduct expenses from his father's income, does the child have to prove that the father’s income is taxable?
Ontario, Canada
What is the test for a motion to obtain a copy of a transcript of an appeal from the Court of Appeal?
MultiRegion, United States of America
Can a judge participate in the questioning of witnesses at trial?
MultiRegion, United States of America
What is a final order dismissing a complaint but not the underlying action?
MultiRegion, United States of America
What is the current state of the law regarding parole revocation?
California, United States of America
Does a court have to instruct a jury on the weight of expert testimony?
California, United States of America
Is there probable cause for committing defendants for trial?
California, United States of America
What is the test for dismissing a motion to amend or amend?
MultiRegion, United States of America
Does the voir dire, opening statements and jury poll need to be recorded at trial?
MultiRegion, United States of America
What is the test for late filing of a personal injury claim against a public entity?
California, United States of America
In what circumstances will a perpetrator and aider and abettor be convicted of second degree murder at the same trial of the perpetrator and the perpetrator be reduced to manslaughter?
California, United States of America
Does Husband have to prove that he would have been granted spousal support even if he had failed to provide evidence on both sides of the argument?
California, United States of America
What is the test for confronting witnesses in a criminal trial?
MultiRegion, United States of America
What is the limitation on time limitations in a collective bargaining agreement?
California, United States of America
What is the test for a certificate of probable cause in a civil case?
California, United States of America
