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 determining whether trustworthiness is present in a medical malpractice case?
California, United States of America
What is the substantial evidence standard of review for an appeal from a jury to a non-jury trial?
California, United States of America
What is the test for final judgment in a personal injury case?
MultiRegion, United States of America
Does a child need to contribute towards their education through bursaries, scholarships, or summer employment?
Alberta, Canada
Does the statute of limitations apply to a federal habeas petition?
MultiRegion, United States of America
In what circumstances will a lien be enforceable against a whole waterworks and sewer system?
Saskatchewan, Canada
In what circumstances will a defendant be liable for the entire amount of money he received in a transaction with a third party in which he is not liable?
British Columbia, Canada
What is the statute of limitations for applying for post-conviction or other collateral review?
MultiRegion, United States of America
Does a creditor have the upper hand in the sale of a spouse's life interest?
Alberta, Canada
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry?
MultiRegion, United States of America
Does a plaintiff have to prove a contingency of her pre-existing condition to cause a loss?
British Columbia, Canada
What is the standard of review for a motion to amend the judgment to add Dike as an alter ego?
California, United States of America
What is the test for establishing that a complaint is an actual controversy at all stages of review?
MultiRegion, United States of America
In what circumstances will a defendant have to plead guilty to a charge of assault under section 1025 of the Penal Code?
California, United States of America
Does the prosecutor have to cross-examine defendant on cross-examination?
California, United States of America
Can some harm be permissible in the context of freedom of expression?
British Columbia, Canada
What is the legal test for a reduction of murder to voluntary manslaughter?
California, United States of America
What is the test for reversal of a jury verdict in a case where the trial court instructed the jury on aiding and abetting?
California, United States of America
In what circumstances will the court refuse to order costs for a plaintiff who failed to accept an offer of settlement?
British Columbia, Canada
What is the current state of the law on affidavit preparation?
British Columbia, Canada
Does Pesti's failure to object to an order issued by the Superior Court of Appeal constitute an unauthorized sentence?
California, United States of America
Can a plea of justification be defended as to the truth of any defamatory statements in a series of articles?
Saskatchewan, Canada
Can a police officer be a feigned accomplice only in a crime calling for specific intent?
California, United States of America
What is the current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment?
MultiRegion, United States of America
What is the test for reversing a finding that a defendant is a member of a criminal street gang?
California, United States of America
In what circumstances will a plaintiff be found contributorily negligent if she falls on an icy or slippery path to her suite?
British Columbia, Canada
What is the test for obtaining a warrant to enter a person's home?
California, United States of America
Is occupational rent valid in a family law case?
British Columbia, Canada
How have courts interpreted the "right of counsel" and what are the implications of this?
California, United States of America
What is the definition of a class definition for a class action?
Ontario, Canada
Is an attorney ineffective for not producing psychological evaluations and not filling out broad statements at sentencing?
California, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice?
MultiRegion, United States of America
Is a transfer of a ship in form absolute but is in reality only intended as a security for an advance?
Canada (Federal), Canada
What is the Fifth Amendment right of a defendant to plead not guilty before a grand jury?
MultiRegion, United States of America
When is contributory negligence not a factor in determining liability?
"New York", United States of America
What is the burden of proving an employer discriminated against a plaintiff?
California, United States of America
What is the test for following a court order?
Ontario, Canada
What is the definition of robbery under section 211 of the California Penal Code?
California, United States of America
What factors will be considered in determining whether to grant a conditional discharge?
British Columbia, Canada
What is the test for gross negligence in a motor vehicle accident?
California, United States of America
How have courts interpreted the constitution in the context of "hot news" news articles?
California, United States of America
What is the test used to determine whether a confession is voluntary?
California, United States of America
What are the factors used to determine negligent misrepresentation?
Ontario, Canada
What is the test for pleading guilty in a criminal case?
California, United States of America
Can a jury find that a reasonable person would have known that leaving the baby with defendant presented a risk of great bodily harm?
California, United States of America
Does negligence in diagnosing or treating a medical condition violate a prisoner's Eighth Amendment rights?
MultiRegion, United States of America
How have courts interpreted the standard of injunctive action in an obscenity case?
California, United States of America
What is the test for reappointment of counsel to a defendant who is representing himself?
California, United States of America
How have the courts resolved the issue of reliance and misrepresentation of material facts?
California, United States of America
What is legal set-off and what is it?
Alberta, Canada
What is the test for instructing a jury on lesser charges in a sexual assault case?
California, United States of America
What is the test for a motion under the anti-SLAPP statute?
California, United States of America
Does the Court have authority to deny a defendant a post-trial procedural right to a hearing and a full and fair opportunity to develop his new trial motion?
California, United States of America
What is the effect of a motion to amend the terms of an application for leave to amend?
MultiRegion, United States of America
Is a plea agreement that waives the right to file a petition under Section 2255 enforceable against an ineffective assistance of counsel claim?
MultiRegion, United States of America
What is the test for ordering separate trials under rule 47.03?
New Brunswick, Canada
In a defamation case, is a plaintiff entitled to general damages for defamation?
British Columbia, Canada
What are the elements of knowing assistance in a breach of fiduciary duty?
Ontario, Canada
Is there any evidence of misconduct or misconduct by a prosecutor in a criminal case?
California, United States of America
Can new or extrinsic evidence be allowed at a tribunal?
Canada (Federal), Canada
What is the current state of the law on public nuisances?
"New York", United States of America
What is the test for reinstate time of the essence?
Ontario, Canada
Does a court have authority to amend a settlement agreement or to enter a decree that modifies any of its terms?
California, United States of America
Is a defendant who flees from the scene of an injury accident a crime?
California, United States of America
Is there any staleness to a search warrant?
California, United States of America
Is a motorist entitled to be questioned by a police officer on a matter unrelated to the operation of his vehicle on a motor vehicle?
British Columbia, Canada
How has the issue of fiduciary duty been considered in cases involving sexual assault at residential schools?
Alberta, Canada
Does a difference in opinion regarding medical treatment between prison and prison medical authorities rise to the level of a claim under section 1983 of the Criminal Code?
MultiRegion, United States of America
What is the test for an action in conspiracy?
Ontario, Canada
What is the effect of the federal district court's failure to give a jury instruction on the element of knowledge in the conspiracy charge?
MultiRegion, United States of America
What factors will be considered when determining the cost of shared custody and child support?
Ontario, Canada
Is it reasonable to allege that Sgt. John Simmill undermined the client-legal counsel relationship?
Alberta, Canada
What is the difference between a dependent contractor and an employee?
British Columbia, Canada
What is the effect of a defendant returning to the crime scene after the crime has been committed?
California, United States of America
What is the reason why a farmer refused to serve or send a written notice to the municipality for damages caused by a waterlogged field?
Saskatchewan, Canada
What is the test for determining jurisdiction simpliciter?
British Columbia, Canada
What is the impact of disclosure of a settlement agreement?
Saskatchewan, Canada
What is the extent of the snow and ice on the driveway?
Saskatchewan, Canada
What is the current state of the law in BC with respect to the length of time between September 2015 and March 2018?
British Columbia, Canada
What is the test for erroneous jury instructions in a civil case?
MultiRegion, United States of America
Does the doctrine of estoppel apply in a personal injury action brought by a plaintiff who suffered from interspousal disability?
California, United States of America
What is the test for having multiple convictions based on a necessarily included or necessarily included crime?
California, United States of America
What is the test for determining reasonable doubt pursuant to CALJIC 2.90?
California, United States of America
Is a defendant's claim that his convictions are not supported by substantial evidence?
California, United States of America
What is the test for making a threatening statement to a person?
California, United States of America
Does an offer of settlement preclude the District from asserting a statute of limitations defense?
California, United States of America
Can a mother who mistakenly believes that her son has been injured in a hit-and-run accident be held liable for failing to stop at the scene of the accident?
California, United States of America
Does a defendant have a right to testify in their own behalf?
California, United States of America
Does the Court have jurisdiction to set aside a final order from the Board of Arbitration for Sport?
British Columbia, Canada
What is the test for alleging an Eighth Amendment violation?
MultiRegion, United States of America
What is a "legally frivolous" claim?
MultiRegion, United States of America
What is the test for substantial evidence in a civil case?
California, United States of America
What is the test for an affirmative defense in a licensing agreement?
California, United States of America
When determining the value of stolen property, what is fair market value?
California, United States of America
Does a defendant thresher's failure to threshing the whole of plaintiff's crop deprive them of their right to be paid for what they threshed?
Saskatchewan, Canada
What is the test for using grand jury testimony in a criminal case?
MultiRegion, United States of America
Can a defendant enter a plea of guilty to a capital felony over counsel's objection?
California, United States of America
What is the reasonableness of a sentence under a "deferential abuse of discretion" standard?
MultiRegion, United States of America
In what circumstances will a defendant be denied a new trial under section 1538.5(p) of the Criminal Code?
California, United States of America
How is a sentence reviewed de novo in the 9th Circuit?
MultiRegion, United States of America
When can a limitation period run when the parties cease living together in a marriage-like relationship?
British Columbia, Canada
What is the test for aiding and abetting a crime?
California, United States of America
What are the consequences of a District Attorney's decision not to seek a retrial on counts 5, 1 and 2 of a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the remoteness of a prior criminal conviction for assault with intent to commit acts of violence?
California, United States of America
Is it a violation of the duty of loyalty for an attorney to act in the absence of the client's consent?
California, United States of America
Does a court have to rely on aggravating facts that were not found true by the jury?
California, United States of America
What are some cases where a judge has been found to be in breach of the Civil Code of Civil Procedure?
California, United States of America
Is a plaintiff entitled to an award of attorney's fees on a contract where he was not the prevailing party?
California, United States of America
What is the test for supporting a party who had no burden of proof?
California, United States of America
What is the test for a reasonable interpretation of evidence at a tribunal?
California, United States of America
What remedies are available to a person who has suffered harassment?
California, United States of America
What if a jury could not agree on which act was offending?
California, United States of America
What is the common law duty for drivers and pedestrians to exercise due care?
British Columbia, Canada
Can a defendant move for a new trial if the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct?
California, United States of America
What is the impact of having two children in an interim custody arrangement?
British Columbia, Canada
What is the test for striking out the affidavits of two jurors that impeach a jury's verdict?
California, United States of America
Does the US Supreme Court have any authority to deny a motion for a writ of habeas corpus against convicted murderer Joseph Anselmo?
MultiRegion, United States of America
What is the test for "prudence and reasonable man" in a case of mistaken identity?
Saskatchewan, Canada
Does a motion for self-representation have to be made before a jury is impaneled?
California, United States of America
What is the relevant case law in the context of a consent agreement?
British Columbia, Canada
What is the test for making a threat to strike the chairman of a meeting?
Newfoundland and Labrador, Canada
What is the test for an appeal against a finding that the appeal is frivolous?
MultiRegion, United States of America
What is the test for implied malice in support of a charge of second degree murder?
California, United States of America
What is the test for a defendant to appeal against a concurrent sentence under section 654 of the California Criminal Code?
California, United States of America
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for a jeopardy order?
Canada (Federal), Canada
What does appellate counsel do when they conclude there are no arguable issues to present on appeal?
MultiRegion, United States of America
What obligation does a lower court judge have in the context of Sellars?
British Columbia, Canada
What is the legal obligation of a strata to choose a reasonable repair and maintenance option?
British Columbia, Canada
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car?
California, United States of America
What is the evidence supporting the allegation that there was no safe avenue of escape for the accused in the assault case?
New Brunswick, Canada
What are the implications of class counsel’s fees?
Ontario, Canada
What is the test for a jury to convict a defendant of possession without intent to commit a crime?
California, United States of America
Is there a clear abuse of discretion in a federal district court's decision to admit evidence about the ATF investigations and the two grand jury proceedings?
MultiRegion, United States of America
In determining whether a Section 1170.95 sex offender has made a prima facie showing of entitlement to relief, does the trial court have to consider the jury instructions given at the petitioner's trial?
California, United States of America
What is the test for unlawful possession of drugs?
California, United States of America
What remedy does section 52(1) of the Criminal Code apply to a government agent who has committed an unconstitutional act?
British Columbia, Canada
Does section 4573.6 of the California Penal Code prohibit the possession and consumption of illegal drugs in prison?
California, United States of America
What is the difference between a prospective juror and prospective jury in a death penalty case?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
How much is a plaintiff’s ability to articulate her experiences in dealing with her injuries and their impact on her personal and economic future?
British Columbia, Canada
What is the test for a defamation action in common law?
Ontario, Canada
Is a respondent's failure to address an argument raised by the appellant at the hearing a concession or forfeiture?
California, United States of America
What is a "premeditated" crime?
California, United States of America
Can a regulation require a person to waive a constitutional right in conjunction with the receipt of a welfare benefit?
California, United States of America
In a residential burglary case, where a convicted burglar broke into a laundry room at an apartment complex, what policy interests are implicated by his crime?
California, United States of America
Is a plaintiff entitled to return his or her former employer's money?
British Columbia, Canada
What is the medical context for battery claims in medical malpractice cases where consent was not obtained?
Ontario, Canada
Is there any evidence that a defendant engaged in credit card fraud to purchase equipment to grow marijuana?
California, United States of America
What are the principles that guide the assessment of damages for loss of earning capacity?
British Columbia, Canada
Is a discretionary order of a prothonotary valid on appeal?
Canada (Federal), Canada
What are some of the arguments in defence of the death penalty statute under the federal and state constitutions?
California, United States of America
Is it unreasonable for a traffic officer to detain a defendant and his passenger while they are checked for arrest warrants?
California, United States of America
Does Harmless error analysis apply to a jury instruction that omits an element of the offense?
MultiRegion, United States of America
What is the test for a conviction for assault with a deadly weapon?
California, United States of America
What is the test for whether a defendant can be convicted of more than one crime arising out of the same act or course of conduct?
California, United States of America
What probable cause exists for a police officer to check the sun visor of a car with a traffic light flashing?
California, United States of America
What is the test for excluded hours when children are in school?
Ontario, Canada
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies?
MultiRegion, United States of America
What is the test for determining whether a group of El Salvadoran men who have not served in the military constitute a "particular social group"?
MultiRegion, United States of America
What are the consequences of discovery abuse?
California, United States of America
When a husband breaches a life insurance agreement that expressly requires the husband to maintain his life insurance policy, does he breach the agreement by failing to maintain the policy?
"New York", United States of America
Is there any case law that supports a plaintiff's claim for intentional infliction of emotional distress?
California, United States of America
Does section 654 bar multiple punishment for separate offenses arising out of a single occurrence?
California, United States of America
What are the consequences of wilful failure to perform legal services for which an attorney has been retained?
California, United States of America
Does a bright line probable cause rule enhance the possibility of police perjury?
"New York", United States of America
What are the principles of due process under the federal and state constitutions?
California, United States of America
How have courts interpreted the phrase "sufficiently substantial to call for leniency" in a sexual assault case?
MultiRegion, United States of America
What is the state of the law on the statute of limitations for fraud and concealment of fraudulent transactions?
MultiRegion, United States of America
Can a voluntary settlement be challenged by subsequent creditors?
Ontario, Canada
Can a defendant who is serving a sentence under the Three Strikes Act apply for habeas corpus to challenge the sentence on appeal?
California, United States of America
Is there any case law in which an aider and abettor is found guilty of a greater crime than the direct perpetrator?
California, United States of America
How have courts interpreted section 1202.4 of the California Criminal Code when determining whether a defendant has the ability to pay a restitution fine?
California, United States of America
What is the limitation on the purpose of a waiver under the Purpose of the waiver?
Ontario, Canada
What is the test for a motion to set a probable cause hearing?
California, United States of America
Is a mechanic's lien foreclosure a cause of action in contract?
California, United States of America
Does a negotiated guilty plea in a criminal case have to be followed by a reduced sentence?
California, United States of America
Does a judge err in limiting testimony of a plaintiff's expert to prevent him from testifying as to whether defendants owed plaintiff fiduciary duty?
California, United States of America
Does the Minister of Justice have concurrent jurisdiction to re-examine the issue of international treaty applicability?
British Columbia, Canada
Can a defendant argue that a common defense strategy is improper?
California, United States of America
What is the abuse of discretion standard of review of a decision by the California Court of Appeal?
California, United States of America
Can the doctrine of abuse of process be relied upon by persons who were not parties to the previous litigation?
Ontario, Canada
Can plaintiffs amend to state a cause of action for negligent misrepresentation?
California, United States of America
Is an aider and abettor liable for any foreseeable harm caused by the actions of the actual perpetrator?
California, United States of America
What is the burden of proving causation in asbestos-related lawsuits?
California, United States of America
Does the three strikes law apply retroactively?
California, United States of America
How have the courts dealt with claims that the City sought attorney fees for work that was duplicative or unnecessary?
California, United States of America
What is the burden of proof to prove the issue of withdrawal?
California, United States of America
How have the courts in B.C. dealt with the issue of improper handrails on a private bridge?
British Columbia, Canada
Can a corporation or its directors be sued for breach of their contractual obligation to shareholders?
Alberta, Canada
Can a defendant obtain an arrest warrant without the consent of the District Attorney?
California, United States of America
What is the test in determining causation in a medical malpractice case?
British Columbia, Canada
Is a trial judge's discretion to re-open an issue before formal judgment has been entered?
British Columbia, Canada
What is the test for making a deliberate and deliberate decision to pay other creditors while the trust fund liability is outstanding?
MultiRegion, United States of America
What impact did the bankruptcy of the District Attorney's office have on his and his staff?
California, United States of America
Does the California Energy Commission have the power to prevent utilities from resorting to accounting practices resulting in unreasonably inflated expense figures?
California, United States of America
Is there a crime of conspiracy to commit attempted murder?
California, United States of America
What is the test for relying on a Master's opinion?
British Columbia, Canada
What is the state of the law in the context of a motion against a defendant's attorney?
California, United States of America
