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 constructive knowledge in the context of liability in a motor vehicle accident case?
MultiRegion, United States of America
What is the test for a warrantless search?
California, United States of America
Is there a violation of a defendant's Fifth Amendment rights de novo?
MultiRegion, United States of America
What is the test for establishing that a spouse wishes to separate permanently?
British Columbia, Canada
What is the difference between a town and a fire protection district?
"New York", United States of America
What is the relevant head-note in the law of constructive trust in matrimonial property disputes?
Ontario, Canada
What is the definition of murder?
California, United States of America
What is the test for a Rule 36 motion for clear error?
MultiRegion, United States of America
In a civil case, can a law enforcement officer refer to the scene of the shooting as a crime scene?
California, United States of America
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused?
Ontario, Canada
What are the costs of a Judgment?
Ontario, Canada
Does a defendant need a special hearing or finding on his ability to pay his probation supervision costs?
California, United States of America
What factors must be considered when the reason for a child's inability to withdraw from their parents care is post-secondary education?
British Columbia, Canada
What is the test for the doctrine of estoppel by convention?
Ontario, Canada
Does the court have a sua sponte duty to instruct on involuntary manslaughter?
California, United States of America
What is the test for obtaining a material witness arrest warrant?
MultiRegion, United States of America
How does the prosecution use of inference of guilt in a sexual assault case comply with due process requirements?
California, United States of America
Is a defendant required to prove that he was convicted of a first degree burglary?
California, United States of America
What is the court's obligation to instruct the jury on the lesser included offense of attempted voluntary manslaughter?
California, United States of America
Does submitting on a social worker's recommendation to the juvenile court waive a parent's right to challenge a juvenile court decision accepting the recommendation?
California, United States of America
What is the test for obtaining a DNA sample from a defendant who has been charged with a criminal offence?
California, United States of America
What is the test for establishing the validity of a will?
British Columbia, Canada
What is relevant evidence to attack the credibility of a witness?
California, United States of America
What is the test for determining whether a defendant was involved in either a robbery or an attempted robbery at the time he shot and killed Felix?
California, United States of America
Can a strata restrict the use of dash cameras?
British Columbia, Canada
Does the original instruction on insanity as a defense to a criminal charge use "and" or "or"?
California, United States of America
Is a subpoena issued pursuant to the federal rule or the statutory command or does a refusal to comply with the subpoena constitute a violation of a court's judicial authority?
MultiRegion, United States of America
What is the current state of the law on future care costs?
British Columbia, Canada
What is the duty of a driver who reverses in reverse?
British Columbia, Canada
Is partial summary judgment appropriate?
Ontario, Canada
Can an extension of time to file a notice of appeal under s. 84(1) of the Assessment Guidelines be extended?
Nova Scotia, Canada
What is the test for a defendant to be a "major participant" in a robbery and murder case?
California, United States of America
What is the standard of reasonableness for special damages?
British Columbia, Canada
Can a sheriff's entry into a house to investigate a report of an incident involving a motor vehicle accident be considered unreasonable?
California, United States of America
Is a sentencing judge bound by the express and implied factual findings in a jury verdict?
Ontario, Canada
What is the test for establishing that the named plaintiff had no interest in the action?
Alberta, Canada
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified?
California, United States of America
What is the substantial evidence required to overturn a jury's verdict in a personal injury case?
California, United States of America
What is the test for determining the meaning of a clause in a contract?
Ontario, Canada
In what circumstances will a defendant be charged with possessing a deadly weapon in jail?
California, United States of America
How have character references been used in a criminal case?
British Columbia, Canada
In what circumstances will the Minister of Citizenship and Immigration review the decision of a visa officer under review?
Canada (Federal), Canada
Does bifurcation of a gang enhancement need to be considered?
California, United States of America
In what circumstances will a jury refuse to accept evidence that implicates a witness in the crime of murder?
MultiRegion, United States of America
Can a memorandum of conduct be considered an adverse employment action as a matter of law?
California, United States of America
How has section 654 of the Penal Code been applied in sexual assault cases?
California, United States of America
How can a law firm be held individually liable for malpractice or breach of fiduciary duty?
California, United States of America
In what circumstances will a defendant be detained under the Fourth Amendment if he is questioned by a police officer at a traffic stop?
MultiRegion, United States of America
What is the test for using prior conviction evidence in a sexual assault case?
California, United States of America
In a declaratory relief action, what is the test for eliminating any potential liability for malicious prosecution?
California, United States of America
Is a loss of capacity to perform housework a factor in determining non-pecuniary damages?
British Columbia, Canada
What is the test for defence of justification in a defamation case?
British Columbia, Canada
Can a prisoner claim damages under the Eighth Amendment for environmental damage caused by environmental conditions that pose an unreasonable risk to his future health?
MultiRegion, United States of America
In an openended consent agreement, can one parent leave Australia with their child for an indefinite period?
Nova Scotia, Canada
Does the court have any authority or authority to consider all, part, or none of the testimony of a witness?
California, United States of America
Does the trial court have jurisdiction to grant a motion for reconsideration while the appeal is pending?
California, United States of America
What is the test for "public policy" considerations?
Saskatchewan, Canada
Can a motion to strike a complaint be made under section 435 of the California Code of Civil Procedure?
California, United States of America
What is the legal test for a solicitor who acts for both the donor and the donee?
Alberta, Canada
Does a federal district court have the power to grant immunity to a defense witness?
MultiRegion, United States of America
Can a Commissioner of Justice defend his decision to refuse to grant a unionized union a vote to strike?
Alberta, Canada
What is the test for establishing that a stop of the van stopped by the police as an investigatory detention without cause?
MultiRegion, United States of America
What is the test for reopening a criminal case?
British Columbia, Canada
What is implied malice for a second degree murder charge?
California, United States of America
What constitutes a cause of action?
California, United States of America
Does a court have a duty to instruct a jury on a lesser-included offense of arson of a property in violation of section 451, subdivision (d) of the California Criminal Code?
California, United States of America
What is the law society’s argument that failure to raise the allegation in a timely fashion bars a subsequent complaint of reasonable apprehension of bias?
British Columbia, Canada
What is the burden of proving beyond a reasonable doubt on causation in a murder case?
California, United States of America
What constitutes a fraudulent misrepresentation?
British Columbia, Canada
What is the constitutional basis for a defendant's claim that a unanimous verdict is necessary in a civil case?
California, United States of America
Does a "major participant" need to be a "ringleader" with greater participation than others?
California, United States of America
How have courts interpreted the words "may include but not limited to," and "other items" in a search warrant?
MultiRegion, United States of America
How have courts dealt with standing issues?
Alberta, Canada
Is a plaintiff entitled to compensation if he loses the ability to do household tasks?
British Columbia, Canada
Does section 23152, subdivision (b) of the California Code of Civil Procedure apply to drink-driving?
California, United States of America
Does the collateral source rule apply to damages for mental distress under Waite v Godfrey?
California, United States of America
Can a defendant be found guilty of having a propensity to commit acts of domestic violence?
California, United States of America
Does the appellant have to identify a man named "Killer" who he refused to identify at trial?
California, United States of America
What is the test for a state to exercise "personal jurisdiction" against a plaintiff who is not a resident of the forum state?
MultiRegion, United States of America
Is ineffective assistance of counsel prejudicial?
California, United States of America
What is the law on division of assets between unmarried partners?
British Columbia, Canada
What are the consequences of a medical malpractice case involving a physician, an insurance company and two lawyers?
California, United States of America
Is it reasonable to argue that the detention was justified on suspicion-of-theft grounds?
California, United States of America
What is the current practice of paying the costs of a party in an abortive trial?
Saskatchewan, Canada
What are the implications of Rule 25.11 when it comes to striking paragraphs 6 and 7 of the Amended Statement of Defence?
Ontario, Canada
What is the test for leave of appeal?
Alberta, Canada
What is the standard for reasonable care and skill of a bank?
British Columbia, Canada
Is a person "actively participates" in any criminal street gang?
California, United States of America
Does the forfeiture rule apply to issues raised for the first time on appeal?
California, United States of America
What is the test for "considering the merits" of a motion raised for the first time on appeal?
MultiRegion, United States of America
What is the relationship between the petitioner and the mother of a child under a consent agreement establishing joint custody?
"New York", United States of America
In what circumstances would it be inequitable to order a faithless fiduciary to disgorge all profits?
Ontario, Canada
Can a defense counsel renew their motion to change the venue after voir dire?
California, United States of America
What is the test for establishing that there is a danger to public safety in a hospital?
Alberta, Canada
What authorities have been cited in this matter?
Manitoba, Canada
What is the test for s. 15(1) of the Canadian Human Rights Code on discrimination?
British Columbia, Canada
Is a certificate of probable cause issued based on the denial of the section 995 motion an appealable order?
California, United States of America
What is the test for establishing class status as a result of an order respecting class status?
MultiRegion, United States of America
Does the court have any authority to grant qualified immunity to a government employee who is not a defendant in a civil case?
MultiRegion, United States of America
Is it reasonable for an application not to seek state protection because of the failure to admit evidence at the hearing?
Canada (Federal), Canada
What is considered "unavailable" in a civil case?
California, United States of America
What is the test for determining whether a defendant has been penalized for exercising his right to trial?
California, United States of America
Can a court find intentional under-employment in the context of child support claims?
Ontario, Canada
What is the applicable standard of review for an appeal from a finding that the decision was based on the facts at trial?
British Columbia, Canada
What is the test for a motion to stay a sentence pursuant to section 654 of the California Criminal Code?
California, United States of America
What is the test for overturning a finding of probable cause under a search warrant?
MultiRegion, United States of America
When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver?
California, United States of America
Can a contempt proceeding be constitutionally tried without a jury?
California, United States of America
What is the test for indicating that a suspect wants an attorney?
California, United States of America
What is the test for non-pecuniary damages in a personal injury action?
British Columbia, Canada
Is there any case law where a confession was made by a police officer not an agent of the police?
California, United States of America
In what circumstances will the trial judge determine the credibility of the witnesses?
California, United States of America
Does a prosecution have a duty to obtain a written statement from a witness?
California, United States of America
What is the test for reducing a jury award of damages in a personal injury case?
British Columbia, Canada
Can a court grant partial summary judgment on 3 of 19 insurance policies?
Ontario, Canada
Is a motion for discovery of police records addressed solely to the trial court?
California, United States of America
What is the effect of a procedural error in sentencing a convicted rapist who is unable to make restitution to his victims?
MultiRegion, United States of America
If a motion for judicial notice is deemed "unnecessary", can the motion be denied by the Court of Appeal?
MultiRegion, United States of America
Can a local government entity be held liable for failing to protect a plaintiff's constitutional rights?
MultiRegion, United States of America
Can a non-profit organization of or for handicapped persons sue for injunctive relief under section 504 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Can a defendant convicted of attempted murder be punished for kidnapping that was incidental to the crime?
California, United States of America
What is the legal test for giving weight to hearsay evidence?
Nova Scotia, Canada
Can a party withdraw consent to trial before a magistrate judge?
MultiRegion, United States of America
What is the test for establishing a jury trial in a foreign government lawsuit?
MultiRegion, United States of America
What is the appropriate sentencing in a contempt proceeding?
Ontario, Canada
Can a defendant in an ordinary private dispute take advantage of the anti-SLAPP statute?
California, United States of America
What is the test for a successful party to claim attorney fees?
California, United States of America
What is the test for unanimous verdicts in a civil case?
Ontario, Canada
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution?
MultiRegion, United States of America
What is the definition of discrimination in human rights cases?
Saskatchewan, Canada
Is a plaintiff entitled to attorney fees in an action to enforce section 1983 of Section 42 of the United States Code?
California, United States of America
Is long-term spousal support appropriate regardless of the self-sufficiency of the disadvantaged spouse?
British Columbia, Canada
What is the importance of having a child's surname?
Ontario, Canada
What is the role of a decision-maker in a personal injury case?
Canada (Federal), Canada
Does a threat or exhortation by the police that it would be better for the accused to tell the truth be considered involuntary?
California, United States of America
What is the test for abuse of discretion in the evidentiary context?
MultiRegion, United States of America
What is the standard of review in cases in which a defendant attacks the jury verdict on the ground of excessive damages?
California, United States of America
What is the effect of section 1018 of the California Criminal Code when a defendant withdraws a plea of guilty?
California, United States of America
In what circumstances will an action for fraud be tolled for the period that those responsible for the fraud remain in control of the corporation?
California, United States of America
Does a prior strike defense exist?
California, United States of America
On appeal, what is the test for assuming a judge considered all available evidence in making a ruling?
California, United States of America
Does the statute of limitations apply to a plaintiff who has been convicted of a sexual assault?
MultiRegion, United States of America
What is the conflict and unfairness in the grievance process?
Ontario, Canada
What is the specificity of a defendant's request for in-chambers review of the records of the arresting officer?
California, United States of America
What is the test for showing prejudice against a defendant in a civil case?
California, United States of America
What is the test for a de novo dismissal for failure to state a claim?
MultiRegion, United States of America
What is the test for dismissing a juror who advised the court that she had a nightmare after the close of the trial?
MultiRegion, United States of America
What is the legal test for a member of the public to have a real financial interest?
Ontario, Canada
What is the conceptual basis for spousal support?
Ontario, Canada
Can a royalty agreement be used as equity?
Ontario, Canada
Can a Minister make a decision that is a purely ministerial decision consistent with minimal procedural fairness?
Ontario, Canada
What is the trier of fact on circumstantial evidence?
Ontario, Canada
How have the courts interpreted the "exception" in sentencing?
MultiRegion, United States of America
What is the test for an unsatisfactory result in an analysis of a plaintiff’s injuries?
British Columbia, Canada
What is the timeliness of a Rule 11 motion?
MultiRegion, United States of America
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side?
Ontario, Canada
What is the state of the law on deliberate indifference by prison officials?
MultiRegion, United States of America
What is the burden of reducing damages on the basis of failure to mitigate?
British Columbia, Canada
What is the test for a guilty plea in a federal civil case?
California, United States of America
What are the consequences of the acceptance of pleas and resultant sentences in a criminal case?
California, United States of America
Does the rebuttable presumption (that a contract would have been concluded wholly in good faith) suffer from constitutional infirmity?
California, United States of America
What is the meaning of the phrase "without limitation"?
California, United States of America
What is the test for reasonable provocation in a motor vehicle accident?
California, United States of America
Is a probation condition unreasonable if it has no relation to the crime of which the offender was convicted?
California, United States of America
Does the mitigation rule apply to mitigated punishment?
California, United States of America
What is the test for a jury to determine whether there was sufficient evidence to convict defendant in a drive-by shooting?
California, United States of America
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal?
Ontario, Canada
What is the standard of review for a defence in a civil case?
California, United States of America
What is the common employer doctrine in common employer cases?
British Columbia, Canada
What are the elements of actionable negligence required for a plaintiff to bring a claim for wrongful death?
California, United States of America
What is the test for assessing the "entirety of the situation" in a child protection application?
Ontario, Canada
What is the effect of a restitution fine imposed by the court?
California, United States of America
What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants?
California, United States of America
Is a jury entitled to be instructed on general principles of law?
California, United States of America
What is considered prejudicial or material evidence in a civil case?
MultiRegion, United States of America
Is serious bodily injury equivalent to great bodily injury?
California, United States of America
Is there any cause of action of any action of railways?
Ontario, Canada
What is the test for a judge to vary or restrict access to a child?
British Columbia, Canada
What is the test for retroactively applying a new interpretation of criminal procedural rules?
MultiRegion, United States of America
Can a party bring new or new evidence in a judicial review?
Canada (Federal), Canada
What is the burden of affirmatively demonstrating error on the appellant?
California, United States of America
What is the test for determining whether a plaintiff has pre-accident emotional and psychological difficulties?
British Columbia, Canada
Can inferences of causation be drawn in a motor vehicle accident?
British Columbia, Canada
What is the impact on future earnings of a spouse who takes up half of the domestic responsibility?
British Columbia, Canada
What is the current state of the law on "warning defects" in prescription drugs?
California, United States of America
In a domestic violence case, in what circumstances will the court allow a defendant to be found guilty of domestic violence?
California, United States of America
What is the test for setting aside an under value contract?
Saskatchewan, Canada
Is there a presumption of no costs in a custody case?
Newfoundland and Labrador, Canada
What is the test for habeas corpus to challenge a decision not to transfer an inmate from a maximum security facility to a medium security facility?
Ontario, Canada
What is the effect of a classification order being reviewed in a criminal proceeding or on a habeas corpus petition?
MultiRegion, United States of America
How have the courts in B.C. considered the principle against permitting an accident victim to have double recovery?
British Columbia, Canada
Does the term "enterprise" need to be confined to "legitimate enterprises"?
MultiRegion, United States of America
What is the test for acquitting a defendant if the jury finds that circumstantial evidence is susceptible to two interpretations?
California, United States of America
Does a search warrant affidavit that supports the veracity of an affidavit need to be examined in order to support a third party culpability defense?
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
Is there any case law that supports the argument that there are too many Interrogatories?
Nova Scotia, Canada
What are the implications of a magistrate judge's findings of law?
MultiRegion, United States of America
What is the test for mental capacity of a defendant in a civil case?
MultiRegion, United States of America
How has the Court of Appeal considered the issue of changed social conditions in the context of social security legislation?
Saskatchewan, Canada
What is the legal test for liability when a person is injured in a motor vehicle accident?
California, United States of America
