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.
Does the collateral benefit principle apply directly to a per quod action?
British Columbia, Canada
What is the abuse of discretion standard for determining damages in personal injury cases?
California, United States of America
What is the burden of proving a medically determinable impairment?
MultiRegion, United States of America
What is the standard of review of a finding of guilty under section 368 of the California Criminal Code on a charge of elder abuse?
California, United States of America
What is the test for a motion to vacate a sexual assault conviction?
MultiRegion, United States of America
Does COVID-19 constitute a material change in circumstances such that a new hearing is warranted?
Ontario, Canada
Does a restraining notice need to be served on a garnishee?
"New York", United States of America
Is a summary judgment hearing of 14 to 17 days starting to resemble a trial?
Ontario, Canada
If a cause of action is considered as a breach of fiduciary duty, would the same result be reached?
"New York", United States of America
What is the test for determining whether a claim of misconduct is a plausible claim for relief?
MultiRegion, United States of America
Does a jury need to be instructed on the definition of manslaughter and the doctrine of unreasonable self-defense?
California, United States of America
What is the standard of review for a determination by an immigration officer of a foreign national under section 139 of the Regulations?
Canada (Federal), Canada
Does a plea of guilty to 2 and 3 constitute double jeopardy?
California, United States of America
What is the test for ordering a Rule 35 mental examination?
MultiRegion, United States of America
Can a mortgagee of chattels bring an action of trover against a purchaser of some of the goods from the mortgagor?
Saskatchewan, Canada
Can a strata restrict the use of dash cameras?
British Columbia, Canada
Under what circumstances can a private assumption of the police function under the Fourth Amendment?
MultiRegion, United States of America
What is a privy and what is its effect?
British Columbia, Canada
Can a defendant serving a life sentence for a third-strike conviction for a violent crime that is neither serious nor violent?
California, United States of America
If there is no reasonable excuse for the under-employment of a payor, what is the effect on imputed income?
Ontario, Canada
How has the probation department treated a defendant's abuse of discretion?
California, United States of America
What is the limitation of disclosure against Dr. A that the complaint against him was dismissed on a preliminary basis?
British Columbia, Canada
Is a search of a car by a search warrant justified as a protective sweep incident to a lawful arrest?
MultiRegion, United States of America
What are the elements of the crime of mail fraud?
MultiRegion, United States of America
How have the courts interpreted the language of Section 881(a)(6) of the California Criminal Code?
MultiRegion, United States of America
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid?
Ontario, Canada
Is there any case law supporting the argument that a party has no right to maintain or repair their property?
California, United States of America
What is a shareholder’s reasonable expectations in a motion for oppression?
British Columbia, Canada
What is the legal definition of “disease of the mind”?
Ontario, Canada
Does a defense based on a reasonable but mistaken belief in the victim's capacity to give legal consent have to have been objectively reasonable?
California, United States of America
What is the test for a jury composition based on cultural diversity?
British Columbia, Canada
When will the jury be instructed on the manslaughter theory of the defense?
California, United States of America
Is a plaintiff entitled to a substantial indemnity cost under a contract with CIBC?
Ontario, Canada
What is the test for factors (j) and (k) in a sexual assault case?
California, United States of America
What is the test for establishing a constructive trust between a husband and wife?
Canada (Federal), Canada
How has section 654 of the California Criminal Code been interpreted in the context of sexual assault cases?
California, United States of America
What is the effect of a doctor’s notes in a medical malpractice case?
British Columbia, Canada
How have the courts interpreted the concept of "business judgment" in the context of negligence?
California, United States of America
What are the costs of a summary judgment application?
Alberta, Canada
Does a state have the authority to restrict the right to bear arms by felons and the mentally ill?
MultiRegion, United States of America
What is the effect of an application for leave to amend a Statement of Claim?
British Columbia, Canada
What is the proper burden of proof in a murder trial?
California, United States of America
What are the reasons for disbelieving the accused's version of events?
British Columbia, Canada
How have the courts dealt with the issue of substantial prejudice in an application for a non-contact hockey league?
Ontario, Canada
Is a prosecutor immune from civil action for activities related to the initiation and presentation of criminal prosecutions?
MultiRegion, United States of America
Can a rescission clause in a contract be rescinded?
British Columbia, Canada
What is the limitation period for a claim in a medical malpractice action?
California, United States of America
Does cooperation between the federal and state authorities to suppress the trafficking and abuse of controlled substances violate due process?
MultiRegion, United States of America
What is the test for establishing that a claim is not a challenge to the legality of the award?
California, United States of America
What is the test for determining the voluntariness of a confession in a criminal case?
California, United States of America
How have the courts dealt with a defendant's claim that the cumulative effect of evidentiary errors denied him due process?
California, United States of America
What is the test for a finding of bad faith in awarding attorney's fees?
MultiRegion, United States of America
What is the test for maintaining an Eighth Amendment claim based on prison medical treatment?
MultiRegion, United States of America
On appeal from a denial of a motion to suppress, what is the test for determining whether search and seizure was reasonable?
California, United States of America
Can a surety recover more from the principal than he actually paid?
British Columbia, Canada
What is the current state of the law on the right to picket?
British Columbia, Canada
Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review?
California, United States of America
What is the test for a civil servant to be a federal civil servant?
MultiRegion, United States of America
In a motor vehicle accident case, is a plaintiff entitled to a supplemental complaint?
California, United States of America
Is there a conflict of interest between a lawyer and a plaintiff?
California, United States of America
Does a law firm representing only the insurer have a duty to negotiate settlement of the insured's claims?
California, United States of America
What is the test for dismissing a serious felony strike?
California, United States of America
Can a plaintiff recover attorney fees if he has succeeded in clearing title?
California, United States of America
How have the courts dealt with the issue of due process in a motor vehicle case?
California, United States of America
Can a jury find a defendant guilty of first degree murder if it found the murder was committed by torture or by lying in wait?
California, United States of America
What are the consequences of the error-strewn evidentiary rulings of the Superior Court of Appeal?
California, United States of America
What is the test for intervention in the case of freedom of speech in the United States?
Alberta, Canada
Can defendants claim that counsel rendered ineffective assistance by failing to object to the challenged prosecutorial remarks?
California, United States of America
What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion?
California, United States of America
What is the test for an application to have a Superintendent of Motor Vehicles granted leave to appeal?
British Columbia, Canada
What is the test for a demurrer to a complaint?
California, United States of America
Can a party ask leading questions of its own witness on direct or redirect examination?
California, United States of America
What is the test for determining if the parties (or one of them) have given priority to the family?
Nova Scotia, Canada
What is the applicable substantive law to a contract?
Alberta, Canada
Does a trial court have a sua sponte duty to instruct on a particular defense?
California, United States of America
Is a single witness sufficient to support a factual finding?
California, United States of America
What is the range of sentences for a man convicted of the murder of a woman who was shot in the head with a crossbow?
California, United States of America
Is there any need for an enumeration of the facts to be found in the verdict?
California, United States of America
Does a motion dismissing two counts of a three-count indictment fall under section 8 of the Criminal Code Code?
California, United States of America
Does the Eleventh Amendment bar federal lawsuits brought against the state?
MultiRegion, United States of America
Is there any case law that supports a claim for occupation rent from a non-occupying tenant?
British Columbia, Canada
Can a defendant be punished for each crime committed in pursuit of each objective?
California, United States of America
What is the test for multiple punishment under section 654 of the Ontario Criminal Code?
California, United States of America
In what circumstances will defense counsel decline to make a motion for acquittal under section 1118.1?
California, United States of America
What is a moot case and what are the implications of moot cases?
California, United States of America
Does the Attorney General have a burden of raising the issue of age?
California, United States of America
What is the test for reviewing an appeal of a judicial order?
Ontario, Canada
In what circumstances will a driver be found liable for failing to yield the right-of-way?
British Columbia, Canada
Can a public defender request to participate in jury selection in a separate criminal case?
California, United States of America
Does the California Family Law Court have jurisdiction to charge a defendant with a charge of failing to pay child support pursuant to a superior court order?
California, United States of America
What is the test for admissibility of a report in a hearing to establish the appropriate amount of restitution?
California, United States of America
What is the current sentencing of an offender for possessing and possessing child pornography?
Newfoundland and Labrador, Canada
What is the test for credibility in the context of a finding of self-defense?
California, United States of America
What is the test for determining whether a party is an indispensible party in a mortgage action?
California, United States of America
Is there insufficient evidence to prove there is a criminal street gang?
California, United States of America
Is arson a general intent crime?
California, United States of America
What is the test for an allegation of malpractice against a former counsel at a criminal trial?
Ontario, Canada
What is the current state of the law on variation of interim support orders?
Saskatchewan, Canada
What constitutes an interrogation in a criminal case?
MultiRegion, United States of America
What is the test for the concept of reasonable doubt?
California, United States of America
What is the test for intervenor status?
British Columbia, Canada
What is the test for a jury to convict a defendant of the abduction and murder of a young girl from her bedroom and dumping her body in the desert?
California, United States of America
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years?
British Columbia, Canada
How have we reviewed the sealed and sealed portions of the affidavit in support of a search warrant?
California, United States of America
What is the test for an award of attorney fees in a personal injury case?
California, United States of America
Is retaining counsel from an out-of-town counsel an expense or cost for the unsuccessful litigant?
British Columbia, Canada
Is a medical malpractice claim for unconsented surgery time-barred?
California, United States of America
How have courts dealt with defense counsel's declaration alleging misconduct?
California, United States of America
What is the effect of Rule 41(b) dismissal of a plaintiff's case?
MultiRegion, United States of America
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment?
Ontario, Canada
In what circumstances will a search of a handbag result in a charge of possession of a concealable weapon under section 12021 of the Penal Code?
California, United States of America
What is the fourth potential ground of rejection under the California Civil Code of Civil Procedure?
California, United States of America
What is the test for establishing that a claim can be brought against a defendant who has never been found guilty of any criminal offence?
British Columbia, Canada
Can a police officer who failed to swear a sworn s. 94.3(d) report be adjudicated?
British Columbia, Canada
If a claim is forfeited, would the claim be rejected?
California, United States of America
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
What are the rights and duties between the owner of the dominant tenement and the servient tenement?
British Columbia, Canada
When will a judge review a prosecutor's charging and plea bargaining decisions?
MultiRegion, United States of America
What is the legal test for determining whether an upper term should be imposed on a convicted rapist?
California, United States of America
What is the legal position of the primary care parent in determining the best interests of the child?
Ontario, Canada
Can a defendant seek review of a search or seizure on appeal from a conviction in a criminal case?
California, United States of America
What is the role of a district judge in protecting the rights of a criminal defendant?
MultiRegion, United States of America
What is the legal test for cost recovery in a family law case?
Ontario, Canada
What jurisdiction does the Guam District Court have over civil actions that arise under federal law?
MultiRegion, United States of America
When can a defendant claim that he was deprived of effective assistance of counsel during the plea process?
MultiRegion, United States of America
Does the implied preemption of a right of publicity claim apply?
MultiRegion, United States of America
Does the statute of limitations apply to a cause of action based on federal law or constitutional principles?
California, United States of America
How have courts interpreted the Miranda rights of a suspect who waives their right to counsel?
California, United States of America
What is the test for reversing a finding of fact in a sexual assault case?
British Columbia, Canada
What factors are considered in resolving a due process claim alleging excessive force?
MultiRegion, United States of America
What is the test for error in a drug possession charge?
California, United States of America
What is the test for a restriction on access to certain types of medical equipment?
MultiRegion, United States of America
Is a jury required to agree unanimously as to which theory of guilt the jury accepted in support of a first degree murder verdict?
California, United States of America
What is the test for res judicata?
MultiRegion, United States of America
Does an insurer have a duty to notify an insured of the availability of arbitration when they are unable to pay outstanding medical bills?
California, United States of America
What is the test for reducing a defendant’s liability for damages for depression and anxiety?
British Columbia, Canada
What is the width of an easement and its likely intended use?
British Columbia, Canada
When will a court order a jury to continue deliberating on a charge of assault?
California, United States of America
How have the courts determined that a holding company is a family asset?
British Columbia, Canada
What is the impact of questioning the credibility of a witness in a civil case?
MultiRegion, United States of America
Is there an end date for spousal support?
British Columbia, Canada
Is it reasonable for one party to rely on the other's representations?
MultiRegion, United States of America
What is the effect of Queen’s Bench Rule 70.20 on affidavits in family matters?
Manitoba, Canada
What is the current state of the law on cross-examination?
California, United States of America
In what circumstances will a driver who makes a left turn on Cambie Street, enter the curb lane and strike a car?
British Columbia, Canada
What is the test for making a motion for a motion to be made pro se?
MultiRegion, United States of America
What is the effect of the error in a jury's decision not to convict a defendant on the Page 15 charge of assault with intent to pervert the course of justice?
California, United States of America
Is an order for repayment incidental to the hearing and determination of the matters decided on this appeal?
British Columbia, Canada
When will a court order the exhumation of the remains of a deceased person at Holy Cross Cemetery?
California, United States of America
How have courts interpreted "due process" in the context of social security entitlement claims?
California, United States of America
Can an abstract of judgment be amended to reflect the actual sentence imposed in the trial judge's verbal pronouncement?
California, United States of America
What is the test for awarding double costs in a personal injury case when an offer to settle expired?
British Columbia, Canada
Does the abuse of discretion standard apply to the basic fee?
MultiRegion, United States of America
What is the test for jury bias in a motor vehicle accident trial?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
How have the courts treated charges of incitement to imminent lawless action against a man who was standing in front of a police officer at the scene of a traffic light?
MultiRegion, United States of America
What is the test for an aider and abettor in a sexual assault case?
California, United States of America
Does a witness have access to their prior statements?
MultiRegion, United States of America
Does the Federal Bureau of Investigation (BII) have any authority to interpret Section 16(a) of the New York State Criminal Code?
MultiRegion, United States of America
What is the current state of the law on "speculation" in an application for an INS application?
MultiRegion, United States of America
What is the test for admissibility of prior sexual conduct evidence in a sexual assault case?
California, United States of America
What is the test for dismissing a felony charge under section 1387 of the California Penal Code?
California, United States of America
Is a federal regulation that restricts access to a child for the purposes of a medical malpractice case invalid?
MultiRegion, United States of America
What is the test for damages in non-pecuniary terms?
British Columbia, Canada
What is the legal test for ineffectiveness of counsel in a federal criminal trial?
MultiRegion, United States of America
What are the factors that determine whether a plaintiff has a successful claim against an oncology practice?
"New York", United States of America
Can an attorney be held in contempt of court for advising a client to assert his privilege against self-incrimination?
California, United States of America
Does the sentencing judge have a duty to provide the sentencing counsel with the appropriate information?
MultiRegion, United States of America
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice?
California, United States of America
Can a city ban political placards on all buses and streetcars?
Ontario, Canada
What is the test for determining whether a claimant suffers from a qualifying disability under the Social Security Act?
MultiRegion, United States of America
What is the legal test for deliberate indifference in the context of an assault on an inmate?
MultiRegion, United States of America
Does a convicted sex offender have to serve an indeterminate term under the Sex Offenders Act?
Canada (Federal), Canada
Is denial of a nonstatutory motion to vacate reviewed for abuse of discretion?
California, United States of America
What is the test for superseding an extra-provincial order in custody of a child?
Ontario, Canada
Is a corporation a legal entity distinct from its shareholders?
Ontario, Canada
How has the court considered a father's request to have his disabled child enrolled in a school close to his residence?
British Columbia, Canada
Is rectification of a document when there is a mistake common between the parties?
British Columbia, Canada
Does a judge have the power to stay a criminal proceeding if the prosecution is oppressive?
New Brunswick, Canada
In what circumstances will a defendant be charged with possessing a controlled substance?
California, United States of America
How have courts treated injuries sustained by a police officer who sustained injuries to his knees and hands during an assault?
California, United States of America
In a motion for judgment on the pleadings, does the judge accept as true any of the statements in the answer and of which the trial court took judicial notice?
California, United States of America
Can a state law issue be transformed into federal law issue by merely invoking due process?
MultiRegion, United States of America
Does the fact that defendant received stolen property tend to disprove his testimony that he was not a thief?
California, United States of America
What is the purpose of a management fee or for investment advice?
British Columbia, Canada
Can an individual who provides an idea for a work be considered an author?
Canada (Federal), Canada
What is the test for dismissing a claim for sexual harassment?
California, United States of America
Can a motion to amend for failure to comply with the local rule be denied?
MultiRegion, United States of America
What is the standard for rejecting a witness's statement?
California, United States of America
How has the ex post facto clause been interpreted?
California, United States of America
What is the test for resentencing an eligible defendant in a criminal case?
California, United States of America
What is the test for the defense of necessity in an assault case?
California, United States of America
What is the effect of time, if any, on an application to appeal the District Court's order to restrain a mentally ill inmate from taking a long-term psychotropic drug?
MultiRegion, United States of America
What is the test for establishing that there is a reasonable possibility that a person can be found guilty of a crime in a civil case?
California, United States of America
What is the legal test to avoid an intestacy in a will?
British Columbia, Canada
What are the remaining contentions in a petition for writ of habeas corpus?
California, United States of America
What is the effect of prior criminal history on a defendant's knowledge of his constitutional rights?
California, United States of America
What is the standard of review applied to revocation of probation?
California, United States of America
Can an amended complaint avoid the bar of the statute of limitations?
California, United States of America
What is the test for a motion for a mistrial in a personal injury case?
California, United States of America
