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.
How is the Court apportioned costs on the issue of Successful Party Behaving Unreasonably on the Motion to Change the Rules of Appeal?
Ontario, Canada
What is the current state of the law on the duty of a police officer to intervene when their colleague violates the constitutional rights of a suspect or other citizen?
MultiRegion, United States of America
If a police officer has reason to suspect that an unrelated crime was or is about to be committed, is this a pretextual stop?
"New York", United States of America
Is Defendant's contention that admitting evidence of violent conduct violated his constitutional right to a fair trial forfeited?
California, United States of America
In what circumstances will formal and informal admissions be conclusive of the facts admitted?
Ontario, Canada
What is the test for holding an oral hearing in a medical malpractice case?
British Columbia, Canada
What is the test for obtaining a warrant to search a house without a warrant?
California, United States of America
What is the test for a pro se petition for writ of habeas under the Antiterrorism and Effective Death Penalty Act?
MultiRegion, United States of America
What is the test for finding a child in need of child protection?
Ontario, Canada
What is the test for determining whether a parent treats the current household expenses as family expenses?
Ontario, Canada
How have courts interpreted the assumption that profit-maximizing behavior is a factor in determining whether a company can increase its prices?
MultiRegion, United States of America
What is the test for an inmate to sue for medical malpractice?
MultiRegion, United States of America
What are the factors used to determine the best interests of the children of a separated parent?
British Columbia, Canada
What is the burden of challenging attorney fees as excessive because too many hours are claimed?
California, United States of America
Does the presumption that defense counsel objected to a motion for a mistrial after the trial has begun?
California, United States of America
Can a judge participate in the examination of witnesses?
MultiRegion, United States of America
What is the effect of long-term supervision of access?
Ontario, Canada
Can the respondent appeal against the findings of guilt on both counts of sexual assault against the respondent?
Ontario, Canada
In what circumstances will the court impose a constructive trust on the assets of the estate of the deceased?
Ontario, Canada
What is the test for an agreement between the recipient and the recipient parent on reducing or cancelling child support?
British Columbia, Canada
Can a person be found guilty of first degree murder on an aider and abettor theory of liability?
California, United States of America
Can a rational jury find the essential elements of robbery and conspiracy to commit robbery beyond a reasonable doubt?
California, United States of America
Does a party and a party have to pay additional costs to a mortgage?
Saskatchewan, Canada
What are some of the most important decisions in the history of accessing access to information legislation?
British Columbia, Canada
Can the principles of promissory estoppel apply to extend the limitation period of a loan?
Alberta, Canada
What factors will be considered by courts when deciding whether to grant default judgment?
MultiRegion, United States of America
What is the test for admitting or denying evidence in a civil case?
California, United States of America
What is the test for a charge of resisting, delaying or obstructing the discharge or discharge of a peace officer?
California, United States of America
What is the test for pleading in a pro se proceeding case?
MultiRegion, United States of America
What is the test for instructing a jury on general principles of law?
California, United States of America
What is the test for approval of a request by a mother to change custody to a different parent?
British Columbia, Canada
What is the test for maintaining confidentiality of communications between a solicitor and client?
Alberta, Canada
In what circumstances have we rejected a claim of ineffective assistance of counsel in a deportation case?
MultiRegion, United States of America
What is the effect of an employer's contact with an employee after the employee has been dismissed?
British Columbia, Canada
Can evidence of past misconduct involving moral turpitude be used to impeach the credibility of a Page 17 witness?
California, United States of America
Does the doctrine of unconscionability still exist?
Alberta, Canada
How do courts treat counsel's omissions on appeal?
California, United States of America
What is the test for a search warrant under California Vehicle Code section 22651?
California, United States of America
What is the test for qualified immunity in a civil case?
MultiRegion, United States of America
What is the test for a court to order that a patient be admitted to a mental health institution where there is medical supervision?
"New York", United States of America
Is there sufficient evidence to permit a rational trier of fact to find guilt beyond a reasonable doubt?
MultiRegion, United States of America
Does a physician's opinion between a physician and a prisoner constitute deliberate indifference?
MultiRegion, United States of America
In what circumstances will a convicted forged will be sentenced to 2 years in prison?
Ontario, Canada
Is a plaintiff's right to sue for negligently inflicted injuries a fundamental right?
California, United States of America
Does a presumption of a proprietary resulting trust apply in questions of joint tenants?
Ontario, Canada
What is the test for an offer to settle in a family law matter?
Ontario, Canada
What is the test for denying a motion for mistrial?
California, United States of America
What is the test for interpreting a prospective section of a statute?
"New York", United States of America
What are some out-of-pocket expenses that are reasonable and necessary?
MultiRegion, United States of America
What procedure does a judge use to convene a 'one man grand jury'?
"New York", United States of America
What is the test for determining whether a plaintiff can claim damages for personal injuries from a pre-existing condition?
British Columbia, Canada
Does a hearing need to be held before a court can issue a protective order against assets of a defendant after the indictment has been filed?
MultiRegion, United States of America
How has the Court interpreted the guidelines on nausea and dizziness in computer use in medical malpractice cases?
MultiRegion, United States of America
Does the trial court abuse its position by finding this was not an unusual case?
California, United States of America
What is the legal test for deliberate indifference by a prison official to treat a patient with a broken leg?
MultiRegion, United States of America
What is the effect of a judge's finding of contempt against the Attorney General in a civil matter?
California, United States of America
What is the test for claiming medical care against an individual defendant under the Fourteenth Amendment?
MultiRegion, United States of America
What is the state of the law on special use permits?
MultiRegion, United States of America
What is the state of the law on medical malpractice?
California, United States of America
Does the Defendant have to prove malice to prove he did not act out of the heat of passion?
California, United States of America
Can a jury impeach the testimony of a witness who was convicted of murder as a result of a juvenile adjudication?
California, United States of America
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction?
MultiRegion, United States of America
Does the Court have any authority to give the last paragraph in a specific intent crime if there is evidence of diminished capacity?
California, United States of America
In what circumstances will the court order that a plaintiff be allowed to proceed on appeal on the basis that she failed to provide a proper offer of proof as to the pecuniary extent of her damages?
California, United States of America
Does undue influence constitute insanity for purposes of Code of Civil Procedure section 352?
California, United States of America
What is the test for determining the length of a sentence based on aggravating factors?
California, United States of America
Is a convicted domestic violence offender entitled to an enhanced sentence under section 273.5, subdivision (e) of the Criminal Code?
California, United States of America
What is the test for determining whether a substantial gainful activity constitutes "substantial gainful activities" for a disability claimant?
"New York", United States of America
What is the meaning of Section 7421(a) of the US Tax Code?
MultiRegion, United States of America
What is the test for exclusive possession of the premises?
California, United States of America
What is the test for discoverability in a medical malpractice action?
Ontario, Canada
What is mandatory relief under section 473, subdivision (b) of the Attorney Fault Act?
California, United States of America
What is the test for a creditor to succeed in a claim for misrepresentation under section 523(a) (2) of the Federal Trade Act?
MultiRegion, United States of America
Does a charge of illegal reentry without a criminal history supersede a defendant's due process right to not be forcibly medicated?
MultiRegion, United States of America
What is the range of sentences for a convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members?
California, United States of America
In what circumstances will the court award lump sum maintenance to a plaintiff?
Saskatchewan, Canada
Can a juror be found to have improperly obtained personal information about a defendant prior to their trial?
California, United States of America
Does attorney-client privilege apply to communications between lawyers and their clients?
MultiRegion, United States of America
When will a motion to dismiss be dismissed because the motion fails to state a claim?
MultiRegion, United States of America
Can a court stay punishment for each of the 10 counts of conspiracy to commit robbery under section 654?
California, United States of America
What are some of the most well-known examples of First Amendment arguments in the history of the First Amendment?
British Columbia, Canada
Can a plaintiff claim punitive or exemplary damages for non-compensatory losses?
Ontario, Canada
What constitutes a detention under the Fourth Amendment?
California, United States of America
How has the Anns approach been applied in civil cases?
Canada (Federal), Canada
What is the test for a warrantless search under the Fourth Amendment?
California, United States of America
Can a tenant who covenanted to a lease with a landlord demand a renewal of the lease on behalf of the landlord?
Ontario, Canada
In what circumstances will a jury be found guilty of involuntary manslaughter in a sexual assault case?
California, United States of America
Is a defendant required to pay restitution to a victim of sexual assault who suffered economic harm as a result of a plea bargain?
California, United States of America
In our second appeal, in what circumstances will we change our holding under the "law of the case" rule?
MultiRegion, United States of America
What is the current state of the law on privilege and deliberative process privilege?
MultiRegion, United States of America
What are the consequences of a district court's decision to grant a plaintiff attorney's fees?
MultiRegion, United States of America
What is the test for abuse of discretion in sentencing decisions under Section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases?
California, United States of America
Is a licensee's supervision and oversight of his real estate practice superficial, at least to the admitted facts, superficial, to non-existent?
Ontario, Canada
Does the final paragraph of section 190.3 of the California Criminal Code apply to sentencing a defendant to death?
California, United States of America
Does the record contain any hearsay from a member of one of the conspiracies used to the detriment of another?
MultiRegion, United States of America
What is the test for a certificate of probable cause?
California, United States of America
How has the court interpreted case law in assessing the burden of proving eligibility for a disability benefit?
California, United States of America
How have courts exercised jurisdiction under section 922(g)(1) of the Federal Criminal Code?
MultiRegion, United States of America
What is the test for a preliminary or inchoate crime?
Ontario, Canada
What is the legal test for a motion for an acquittal of an aider and abettor?
California, United States of America
Does a manufacturer's refusal to deal with a distributor or dealer violate the antitrust laws?
MultiRegion, United States of America
Does a jury need to consider whether a defendant has failed to testify in a civil case?
California, United States of America
What is the burden of proving consent in medical malpractice cases?
Alberta, Canada
Does a trial court have an obligation to suspend proceedings and hold a competency trial?
California, United States of America
How do we assess the correctness and adequacy of a trial court's instructions?
California, United States of America
What is the principle of patent unreasonableness?
British Columbia, Canada
How has the court considered pre-separation spending on school expenses?
Manitoba, Canada
Is counsel ineffective in advising a defendant not to testify in their opening statement?
California, United States of America
Does a landlord have a right to deny a tenant's right to claim a Section 8 subsidy for the duration of a holdover proceeding?
"New York", United States of America
What constitutes a material misrepresentation in the context of an insurance claim?
MultiRegion, United States of America
What is the test for a motion for severance of a double murder trial?
California, United States of America
What is the legal test for establishing a perpetual non-conforming use in a residential district?
California, United States of America
Is there any case law where a party's attorney must continue to represent the opposing party at trial?
"New York", United States of America
How have courts dealt with the issue of improper exclusion of evidence in an evidentiary review?
California, United States of America
Can an attorney or solicitor under section 3256 of the Code of Civil Procedure include a disbursement in their bill of costs?
"New York", United States of America
What is the test for a jury to convict an appellant of making a destructive device?
California, United States of America
Does a prosecutor misstate the elements of robbery in his closing argument?
California, United States of America
Does the "narrow proportionality principle" apply to non-capital sentences?
California, United States of America
In what circumstances will the Attorney General claim that the Defendant failed to object to the Defendant's conduct at trial?
California, United States of America
What is the test for an amended motor vehicle accident claim?
California, United States of America
Can a judge reverse a finding made by the successful litigant after the trial judge had heard the finding?
MultiRegion, United States of America
Does on-the-scene questioning require a Miranda warning?
MultiRegion, United States of America
Does the Attorney General have to address the merits of defendant's equal protection claim?
California, United States of America
What is the test for a lump sum order for support at the time of divorce and equalization?
Ontario, Canada
Can a plaintiff amend his pleading to include the words "medical malpractice, negligence, carelessness or mishandling of his medical records"?
MultiRegion, United States of America
What factors will be considered in determining whether to award costs under section 3(1) of the Negligence Act?
British Columbia, Canada
How have courts interpreted the good faith exception?
California, United States of America
How have courts interpreted a claim for reimbursement from a Workmen's Compensation award made to a spouse by the absent parent?
California, United States of America
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime?
MultiRegion, United States of America
Can a motion for a new trial be made where only an issue of law has been tried?
California, United States of America
How have the courts considered suppression in this case?
MultiRegion, United States of America
Does a criminal defendant have the right to counsel?
California, United States of America
What is the test for reducing a felony to a misdemeanor under section 17, subdivision (b) of the California Criminal Code?
California, United States of America
Is a defendant required to be present at a hearing?
MultiRegion, United States of America
Is there any case law where a defendant who was convicted of possession with intent to distribute drugs was found to be armed with a gun at the time of the crime?
MultiRegion, United States of America
What is the test for determining whether a scheme is a sham or a sham?
Saskatchewan, Canada
What is the test for granting jurisdiction to the appellate court when a defendant has expressed an intention to appeal?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
Does a criminal conviction usually limit employment opportunities in the future?
California, United States of America
What are the consequences of a jury finding a defendant guilty of assault with a firearm?
California, United States of America
What is the test for preemption under Title VII of the Human Rights Code?
MultiRegion, United States of America
Can a defendant seek a new trial based on insufficiency of the evidence to support the verdict?
California, United States of America
What is the effect of the statute of limitations on a claim for damages arising out of the death of a promisor?
California, United States of America
What are the principles of the law in medical malpractice cases?
British Columbia, Canada
What is the jurisdiction of the Court of Appeal over an anti-nuptial agreement that formally adopted South African law?
British Columbia, Canada
What is the test for corroboration?
British Columbia, Canada
What is the burden of proving by a preponderance of the evidence that a defendant has committed a sexual assault?
MultiRegion, United States of America
How has the US Supreme Court treated the issue of ex parte communications to a sentencing judge?
MultiRegion, United States of America
What is the test for a challenge that a statute is unconstitutionally vague?
MultiRegion, United States of America
Can a defendant obtain a continuance to prepare for the penalty phase of his trial?
California, United States of America
What is the test for “litigating in slices” at a summary trial?
British Columbia, Canada
Is a plaintiff required to prove causation in a medical malpractice case?
Ontario, Canada
What is asbestos and what is its impact on human health?
MultiRegion, United States of America
What is reasonable cause in a civil case?
California, United States of America
What is the test for determining whether a defendant has the ability to pay a restitution fine?
California, United States of America
Is a defendant's sentence modified during the term of imprisonment due to the fact that they have served their sentence?
California, United States of America
Does the intention of the parties to transfer excluded property from one spouse to another constitute a gift?
British Columbia, Canada
Can a defendant who abscondes from an attorney's office, absconding from the office, and absconds from the court?
"New York", United States of America
What is the proper procedure for a conviction under section 654 of the California Criminal Code for failing to comply with the terms of a suspended sentence?
California, United States of America
What is the case law on equitable sharing of the economic consequences of marriage breakdown (compensatory model)?
British Columbia, Canada
What authority does the BC Supreme Court rely on in relation to a distinction between a park and a lake?
British Columbia, Canada
What is the test for determining whether a defendant is guilty at trial in a foreign jurisdiction?
Manitoba, Canada
What is the burden of proving guilt beyond a reasonable doubt in a collateral review of a final criminal judgment?
California, United States of America
What is the test for reasonable search of a cigarette pack?
California, United States of America
What is the test for establishing that a breathalyzer device is in proper working order?
"New York", United States of America
What is the test for punitive damages in a Scientology case?
Ontario, Canada
Is a federal court's decision not to grant discovery review reviewable only for abuse of discretion?
MultiRegion, United States of America
What is the test for impeaching a jury verdict in a long-delayed jury trial?
California, United States of America
What is the test for a criminal defendant to be declared mentally unfit to stand trial?
California, United States of America
What is the duty of a defendant to prevent a pedestrian from being injured in a parking lot?
California, United States of America
Can a prison adopt regulations which infringe on an inmate's constitutional rights?
MultiRegion, United States of America
What is the test for establishing that the parties' intent was in breach of contract?
California, United States of America
In what circumstances will a judgment in a false arrest action be reversed?
California, United States of America
What is the test for "intimidation, or coercion" under section 52.1(a) of the California Civil Code of Civil Rights Act?
MultiRegion, United States of America
Can an attorney litigant represented by other attorneys in his firm recover attorney fees?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
What are the implications of section 6672 of the Tax Reform Act on a plaintiff's civil rights?
MultiRegion, United States of America
If a stallion falls into a well before January 16, 1925, is the stallion entitled to sue?
Saskatchewan, Canada
In what circumstances have courts found that the delay between the indictment and trial of a defendant on drug charges violated his Sixth Amendment rights?
MultiRegion, United States of America
Is a representation of a principal not a representation by the principal?
Saskatchewan, Canada
Can a hospital porter be dismissed for failing to turn up for a shift?
Saskatchewan, Canada
Can a judge recuse himself from hearing a case?
British Columbia, Canada
What is the test for determining causation in a medical malpractice action?
British Columbia, Canada
What is the test for standing in an action under the California Unfair Competition Act?
California, United States of America
What is the test for using testimony from other police officers in a criminal case?
California, United States of America
Does a petitioner have the better of two reasonable legal arguments?
MultiRegion, United States of America
What is the effect of issuing a writ of hare before an alleged unlawful detention begins?
Ontario, Canada
What is the test for pleading material facts in a personal injury action?
Ontario, Canada
What is the test for determining whether a public body owes a duty of due care to a plaintiff?
California, United States of America
Does a defendant's failure to object to a fine under Penal Code section 1202.4 at the time it was imposed based on the ability to pay forfeits the issue for appeal?
California, United States of America
What remedies are available to a plaintiff in a personal injury case where he claims that he has overpaid his tax return?
MultiRegion, United States of America
Is Head's substantive request for attorney-client privilege privileged if the substantive request was inadvertently filed on the docket, but has now been sealed?
MultiRegion, United States of America
What is the test for damages for witness emotional distress?
California, United States of America
Can an attorney be held liable as a principal for documents prepared and submitted for his client?
MultiRegion, United States of America
What is the definition of a successful party?
British Columbia, Canada
What is the burden of proof for undue influence?
Ontario, Canada
What is the role of a judge in making a parenting order?
Ontario, Canada
What is the test for determining whether a judge can be found to have served an aggregate term of a single term?
California, United States of America
In a pro se proceeding, in what circumstances will the trial judge strike down the motion of competence?
MultiRegion, United States of America
