Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for establishing that a plaintiff has a valid claim in a civil case?
California, United States of America
What would be the result of a motion to overturn a judgment of conviction and remand the case for a new trial?
California, United States of America
Does the relationship requirement for an amended statement of claim apply to the administrators of the named defendant’s estate?
Alberta, Canada
How have courts interpreted the word "knowingly" in the context of Section 2244(b) of the Criminal Code?
MultiRegion, United States of America
Is there a carrying-on of a business?
Canada (Federal), Canada
In a domestic homicide case of domestic violence caused by multiple stab wounds, in what circumstances will the court accept joint submission on joint submission of ineligibility?
New Brunswick, Canada
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit?
California, United States of America
What is the test for the Court of Appeal to overturn a jury verdict in a personal injury case?
California, United States of America
What is the test for suppressing evidence in civil cases?
California, United States of America
Is a person entitled to a right of publicity?
MultiRegion, United States of America
Does a defendant have a claim that his conviction for sexual assault against him be quashed on appeal?
MultiRegion, United States of America
Does the time required for the delivery of a decision in this matter exceed the 60-day time limit?
Nova Scotia, Canada
What is the legal obligation of a strata to choose a reasonable repair and maintenance option?
British Columbia, Canada
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
In what circumstances will a judge strike down an argumentative and slanted instruction in a personal injury case?
California, United States of America
Does a past practice of granting consent benefits result in an accrued right to the benefits?
British Columbia, Canada
In what circumstances would a jury have found that a knife was a deadly or dangerous weapon?
California, United States of America
What is the test for dismissing a frivolous, implausible and insubstantial complaint?
MultiRegion, United States of America
What is the burden of just cause for a plaintiff to terminate a defendant employee?
British Columbia, Canada
What is the test for the appointment of an inspector?
Ontario, Canada
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction?
MultiRegion, United States of America
Does Section 1268.710 of the California Constitution allow a defendant in an eminent domain action to recover costs incurred in defending the action?
California, United States of America
Is a defendant's expressed intention to escape or engage in nonconforming conduct during trial a factor in determining whether there is a manifest need for shackles?
California, United States of America
What is the test for determining whether a search or seizure was conducted in a reasonable manner at the point of a second entry?
MultiRegion, United States of America
What is the test for a lien under Section 112(2) of the SPA?
British Columbia, Canada
How much is a husband's income tax income taxed?
Ontario, Canada
Can a witness be impeached in a criminal trial if he admitted past misconduct involving moral turpitude?
California, United States of America
Can attorney-client privilege protect confidential disclosures made by a client to an attorney?
MultiRegion, United States of America
Can a party amend their complaint on appeal even if such amendment was not proffered below?
California, United States of America
What is the test for 'reinforcing or otherwise bolstering' testimony by referring to evidence outside the record?
California, United States of America
What is the test for abuse of power of an ex parte?
California, United States of America
Is an in limine ruling regarding whether to keep particular items of evidence from the jury subject to reversal?
California, United States of America
Can a criminal defendant proceed pro se?
"New York", United States of America
What is the effect of a stay of execution on a child?
Newfoundland and Labrador, Canada
What is the test for establishing that a judgment or decree can be set aside and annulled for some frauds?
California, United States of America
What factors will be considered when determining whether or not a plaintiff has been successful in a civil case?
California, United States of America
Can a court award costs to a party who was more successful on an overall global basis than the other party on a global basis?
Ontario, Canada
What is the standard of review for denial of a motion for a new trial?
California, United States of America
What is attorney-client privilege and what is its impact on the law?
California, United States of America
Can a plaintiff add a new party by amendment?
Alberta, Canada
What is the test for dismissing a class action for declaratory relief?
California, United States of America
Is third party evidence admissible in a sexual assault case?
California, United States of America
Does a defendant plead in bar to a plaintiff's action in the municipal court for damages for personal injuries arising out of a motor vehicle accident?
California, United States of America
If a prosecutor misstated the evidence in a civil case, what is the consequence?
California, United States of America
Does the rule of convenience or necessity apply to criminal prosecution?
California, United States of America
What is the legal test for challenging a jury's impartiality with evidence of statements made outside the jury room?
California, United States of America
Does a defendant have a right to have the jury determine every material issue presented by the evidence?
California, United States of America
What justification is required to excuse a delay of a period of time?
Canada (Federal), Canada
What is the standard of disclosure required by a court to recover attorney fees and costs?
California, United States of America
What is the state's position on punishment for a minor offender in a motor vehicle accident?
California, United States of America
What are the findings of the Court of Appeal in assessing the conduct of appellant's attorney?
California, United States of America
What is the test for expert testimony in medical malpractice cases?
Ontario, Canada
Does the principle of "buyer beware" generally apply to home sales?
British Columbia, Canada
Can a lawyer obtain a desk order for divorce from the opposing counsel?
British Columbia, Canada
What is the test for statistical evidence under the Voting Rights Act?
MultiRegion, United States of America
When can an application be reopened for a second time?
British Columbia, Canada
What is the appropriate remedy for ineffective assistance of counsel?
California, United States of America
What factors are the factors used in determining whether a person is entitled to a claim for damages?
Canada (Federal), Canada
What is the effect of the BCSC finding that the police might have acted differently from the time of the incident?
British Columbia, Canada
Does a search warrant authorize the recovery of pornographic images from the hard drive and disks of a defendant's computer?
California, United States of America
Can a motion to dismiss a criminal action be dismissed in the interest of justice?
"New York", United States of America
What is the meaning of a binding interim settlement agreement?
Ontario, Canada
How have the courts interpreted privilege in a motion to amend a statement of claim?
Ontario, Canada
What is a patently unreasonable decision?
British Columbia, Canada
Is there any case law where a member of the public has been allowed to enter the board room and substitute their judgment for that of the board?
California, United States of America
What is the statute of limitations for a claim under Section 2244(d)(2) of the Criminal Code when there is a state application for post-conviction collateral relief pending before a federal judge?
MultiRegion, United States of America
What is the test for obtaining a search warrant and consent authorization under section 487 and section 184.2 of the Criminal Code?
Ontario, Canada
What is the effect of counsel suggesting that where a debtor gives his creditor a promissory note the terms of the contract must be found in the note itself?
Alberta, Canada
What is the test for a motion to overturn a criminal conviction obtained in an otherwise fair proceeding?
MultiRegion, United States of America
What is the test to justify a spousal support application?
British Columbia, Canada
Does a plaintiff have an inadequate claim for municipal liability based on failure to train?
MultiRegion, United States of America
What is the test for admitting evidence in a criminal case?
California, United States of America
Is a one-time capital gain treated as a factor bearing on a payor's income for support purposes?
British Columbia, Canada
What is the test for reopening a criminal case?
British Columbia, Canada
Is a joint venturer considered a co-conspirator for the purposes of the Construction Rule?
MultiRegion, United States of America
What is the test for a presumption in favour of the custodial parent in a custody matter?
Ontario, Canada
Does substantial evidence support a claim of breach of fiduciary duty?
California, United States of America
What is the test for denying a motion to proceed in forma pauperis?
California, United States of America
How have the courts interpreted the meaning of a voluntary payment in a personal injury case?
Ontario, Canada
What is the current state of the law on disclosure of evidence in civil cases?
"New York", United States of America
What is the test for a jury to determine whether a community has a duty to protect a plaintiff in a motor vehicle accident?
California, United States of America
In what circumstances will attorney fees and costs to clear title be awarded in a slander of title case?
California, United States of America
What is the test for the possession of pertinent information by an agent of a corporation?
"New York", United States of America
In what circumstances have courts found that section 647, subdivision (a) of the California Penal Code prohibits the solicitation of lewd or dissolute conduct in any public place or in any place open to public view?
California, United States of America
What are the implications of sexual assault on an inmate by a prison official?
MultiRegion, United States of America
Does joint possession of a drug preclude a finding of possession with intent to distribute to a third person?
MultiRegion, United States of America
What is the attorney general's position on consent in the second paragraph of the California Sexual Offences Act?
California, United States of America
What is the legal test for adjournment of a trial?
British Columbia, Canada
What constitutes wilful misconduct in a motor vehicle accident case?
California, United States of America
What is the scope of Article XXVIII of the Constitution and what is the position of the Court of Appeal on the issue?
MultiRegion, United States of America
Can a prosecutor appeal to the jury's passions and prejudices?
California, United States of America
Does a presumption of reliability attach to a police report?
British Columbia, Canada
Does section 654 of the California Criminal Code prohibit separate, albeit concurrent, sentences for assault with a deadly weapon and negligent discharge of a firearm in the same act?
California, United States of America
Can an act or omission be punished under more than one section of section 654 of the California Penal Code?
California, United States of America
Is there an adverse interest in calling witnesses who have not been called before a jury in a criminal case?
British Columbia, Canada
What is the probate court's jurisdiction to distribute the estate of a deceased?
California, United States of America
What is the test for the sufficiency of evidence to support a criminal conviction?
MultiRegion, United States of America
What is the test for reducing the burden of proof in a criminal case to less than preponderance?
California, United States of America
Does a defendant have a right to conduct their own defense?
California, United States of America
When can a vendor claim damages for specific performance?
Ontario, Canada
Can an employer force an employee to work overtime?
California, United States of America
What is the test for having a child in a childless marriage?
Alberta, Canada
What is the difference between error in the exercise of clinical judgment and actionable negligence?
British Columbia, Canada
Can a plaintiff maintain an appeal of a denial of class certification against a motion to dismiss the action?
MultiRegion, United States of America
Does a search warrant need to be used to search a person's cell when they are being held in custody?
MultiRegion, United States of America
Can a defendant be punished for more than one act under section 654 of the California Criminal Code?
California, United States of America
What is the scope of the opinion in the 9th Circuit regarding the right to carry concealed handguns?
MultiRegion, United States of America
In a review of a fee agreement, does a lawyer have to be responsible for the drafting of the agreement?
British Columbia, Canada
What are the factors used to determine whether a witness is truthful and accurate?
British Columbia, Canada
What is the test for determining whether a murder was deliberate or premeditated?
California, United States of America
Is a plaintiff entitled to an award of attorney fees incurred to recover policy benefits from a bad faith insurer in an insurance bad faith action?
California, United States of America
When will standing issues arise in the context of Aboriginal rights?
British Columbia, Canada
What is the standard for determining whether a complaint states a plausible claim for relief?
MultiRegion, United States of America
Does Defendant have a speedy trial right to plead not guilty to Count 2 of a superseding indictment?
MultiRegion, United States of America
In what circumstances will a judge presume the judgment correct in a motion requiring a reporter's transcript?
California, United States of America
How does a Rule 12(b)(6) motion to dismiss test?
MultiRegion, United States of America
What is the impact of section 923 of the California Labor Code on employment law?
California, United States of America
What are the consequences of a party’s failure to follow a court order?
Ontario, Canada
What is the standard of review of a tribunal decision?
Alberta, Canada
What is the test for "rule of lenity" in a criminal statute?
MultiRegion, United States of America
How have courts interpreted the language of Proposition 8 in the context of impeachment?
California, United States of America
Is a condition precedent binding in a real estate transaction?
British Columbia, Canada
Does access to the court for civil rights purposes and filing prison grievances constitute freedom of speech?
MultiRegion, United States of America
What is the test for failing to carry out a burden of burden under the Plan?
MultiRegion, United States of America
Is there an upper limit on the ratio of punitive damages against compensatory damages?
MultiRegion, United States of America
How does the Court review credibility determinations in a refugee case?
MultiRegion, United States of America
What is the test for a draft jury in a personal injury case?
Ontario, Canada
What is the test for a conspiracy to commit a crime?
California, United States of America
Can a defendant be proven guilty of conspiracy even if they do not know all the details of the conspiracy?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found guilty of a constitutional error by the Court of Appeal?
California, United States of America
What is the law in respect of assessing a plaintiff's loss of homemaking capacity?
British Columbia, Canada
What is the test for admitting evidence of bad conduct in a criminal case?
California, United States of America
How have courts treated pro se pleadings in civil litigation?
MultiRegion, United States of America
Does a Miranda warning need to be issued?
California, United States of America
What is the test for discharging a jury?
Ontario, Canada
How does the Court of Appeal treat the issue of error on appeal?
California, United States of America
In what circumstances will a trial court be required to identify a particular sentencing factor as an aggravating or mitigating factor?
California, United States of America
What is the test for estimating the cost of accommodation for a service provider?
British Columbia, Canada
What is the test for an aider and abettor to be found guilty of a charge of accessory to murder?
California, United States of America
Does a judge have to resent the sentence of an adult convicted of a sexual assault for using an element of the crime as an aggravating factor?
California, United States of America
What is the basis for a vesting order?
Ontario, Canada
Can a federal prisoner use a motion under 28 U.C. 2255 to relitigate a claim that was previously rejected on appeal?
MultiRegion, United States of America
Does the bankruptcy court need to supplement its findings of fact and conclusions of law with a memorandum of law?
federal, United States of America
What is the test for proving that a physician has not met the standard of care in a medical malpractice action?
Ontario, Canada
Is Section 7207 a lesser included offence of a federal tax crime?
California, United States of America
What is the test for a judge to strike?
Ontario, Canada
What is the test for second degree murder?
California, United States of America
When a minor alleges that she was in possession of a stolen Raptor Raptor when the Raptor was stolen, does the minor have to prove that she knew it was stolen?
California, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
What is the test for retroactive application of section 18 of the California Constitution Amendment?
California, United States of America
What is the impact of a restitution order on victims of sexual abuse?
California, United States of America
What is the current state of the law on non-compensationary and compensatory benefits for a woman who was found to be unable to work after a long-term disability?
British Columbia, Canada
What is the meaning of the fair comment defence?
British Columbia, Canada
Can a defendant who elects to represent himself in a personal injury case successfully argue that the quality of his own defense amounted to a denial of effective assistance of counsel?
California, United States of America
If a testator gives all his property to his wife for her maintenance and support purposes during her lifetime, is the devise absolute?
Saskatchewan, Canada
What is the current state of the law on the interpretation of expert opinion by police officers?
MultiRegion, United States of America
What if a juror dies or becomes ill at the time of the trial?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
Is an arbitrator bound to uphold a void action?
California, United States of America
When will a court certify that two spouses began living separate and apart within the meaning of the Divorce Act?
Ontario, Canada
What is the test for a motion to vacate a judgment?
California, United States of America
Can a non-attorney guardian bring a lawsuit pro se on behalf of a minor or conservatee?
MultiRegion, United States of America
What is the impact of an affidavit providing background information and summaries in a consolidated proceeding?
Canada (Federal), Canada
What is the factual basis for a claim for reimbursement of benefits under ERISA?
MultiRegion, United States of America
What is the effect of Section 1016.5 of the California Civil Code on a plea of no contest?
California, United States of America
What is the test for “actual notice” in real estate law?
Nova Scotia, Canada
Is a privately owned parking lot a highway when it is used in conjunction with a shopping centre?
British Columbia, Canada
What are some cases where an inmate has been convicted of attempted murder?
Nova Scotia, Canada
What is the effect of admitting into evidence of an uncharged crime?
California, United States of America
Does a defendant have a right to counsel during a critical stage of the prosecution?
MultiRegion, United States of America
Is it a professional misconduct offence for a member of the Law Society of BC to file an affidavit with false or misleading statements?
British Columbia, Canada
Can a restraining order for harassment be used as a form of costs or attorney's fees?
California, United States of America
What is the standard of review applied to a protective order under the DVPA?
California, United States of America
What is the statute of limitations for a plaintiff to bring a civil rights claim under the LMRDA?
MultiRegion, United States of America
Is there any case law where a judicial review application from a visa officer's decision has been dismissed?
Canada (Federal), Canada
Does the Attorney General have any grounds to deny a defendant's ability to pay his attorney fees?
California, United States of America
Does a sentencing court need to expressly state that it is suspending either the imposition or execution of a sentence under section 3651?
MultiRegion, United States of America
What is the test for purposeful delay in bringing criminal charges?
California, United States of America
What is the Miranda rights of a material witness?
California, United States of America
What is the onus on a Respondent to justify the penalties imposed under section 163(2) of the Income Tax Reassessment Act?
Canada (Federal), Canada
What is the employer's burden as a moving party in an adverse employment action?
California, United States of America
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case?
MultiRegion, United States of America
What is the test for setting forth the facts in the context of a claim in a personal injury case?
California, United States of America
What is the authority for the following: "Under a contract to cut and deliver hay the hay is at the contractor's risk"?
Saskatchewan, Canada
What is the test for establishing a prima facie case in an employment discrimination case?
California, United States of America
How have the two Appellants dealt with long-delayed payments under the Goods and Services Tax (SD) Act?
Canada (Federal), Canada
What is the test for determining if there are conditions for variation in circumstances where a change in circumstances is material rather than insignificant?
Ontario, Canada
What is the test for appeal in family law cases?
Ontario, Canada
When a defendant waives all of his constitutional rights, does the court have to consider whether the waiver was voluntary or intelligent?
California, United States of America
Does the California Civil Code require that an instrument be filed with the recorder?
California, United States of America
What is the scope of the factual matrix inquiry?
British Columbia, Canada
Can a jury find that a defendant took but not drove a stolen pickup truck?
California, United States of America
What is the test for making an interim application?
British Columbia, Canada
How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship?
British Columbia, Canada
What is the test for appeal against a federal district court order to arbitrate?
MultiRegion, United States of America
Is a mortgage agreement still in full force and effect when it is not?
Saskatchewan, Canada
What is the current state of the law in the context of the Miranda rights test?
California, United States of America
What is the impact of an amicus advising the court on custody decisions?
Alberta, Canada
What is the procedure for bifurcation in a medical malpractice action?
Ontario, Canada
What is the state of the law on intoxication in criminal cases?
California, United States of America
