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 severance pay for child support purposes?
Nova Scotia, Canada
What is the rational basis for a plaintiff's equal protection claim?
California, United States of America
Does the proportionality principle need to be expanded or reduced?
Ontario, Canada
What is the test for respect and respect for the jury's verdict in an appeal?
Ontario, Canada
What is the abuse of discretion test for a trial court's Pitchess ruling?
California, United States of America
What is the standard of review in the context of civil litigation?
MultiRegion, United States of America
How have the courts interpreted the terms of an accord in the context of a personal injury claim?
MultiRegion, United States of America
What is the effect of having two children in the same parent relationship?
Ontario, Canada
How have courts interpreted the meaning of an amendatory act in the context of statutory construction?
MultiRegion, United States of America
In what circumstances will a court order a retroactive increase in the amount of child support payments when the child is with the father?
Ontario, Canada
Can a waiver be implied by a failure to notify appellant of a continued trial date?
California, United States of America
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules?
Ontario, Canada
Is a peace officer entitled to access his personnel file?
California, United States of America
What is the burden of demonstrating opportunity to earn income imputed?
California, United States of America
What rights does Gwozdz have to relief by way of habeas corpus?
California, United States of America
What is the test for a defendant challenging an instruction as being subject to erroneous interpretation by the jury?
California, United States of America
Does a prisoner have a justifiable expectation that he will be incarcerated in any particular state?
MultiRegion, United States of America
What is the effect of summary judgment on a defence?
British Columbia, Canada
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines?
British Columbia, Canada
What is the test for a solicitor to sue for liens over documents?
Ontario, Canada
Is there insufficient evidence to convict Defendant of conspiracy to commit two separate conspiracies?
California, United States of America
What is the impact of a long-term relationship between a husband and wife on his assets?
British Columbia, Canada
Does a mandatory minimum sentence for possession of cocaine with intent to distribute a large quantity of cocaine amount to a criminal offence?
MultiRegion, United States of America
In what circumstances will a plaintiff receive an award for loss of earning capacity?
British Columbia, Canada
What is the test for establishing chain of custody?
California, United States of America
Does a jury have a duty to receive and record a verdict of acquittal?
California, United States of America
Can a prosecutor refer to an excused juror as a witness?
California, United States of America
Is dog tracking evidence admissible in a criminal case?
California, United States of America
Can a federal district court's discretionary decision not to depart from the guidelines be reviewed on appeal?
MultiRegion, United States of America
Is there any case law where a trial counsel's tardiness in providing a total defense during a detention hearing reduced the detention hearing to a farce or a sham?
California, United States of America
Is a plaintiff entitled to attorney's fees in a diversity action brought under the Song-Beverly Act?
MultiRegion, United States of America
What is the content of an expert's declaration in disclosure in a medical malpractice case?
California, United States of America
When a borrower defaults on payment of a loan that is secured by a deed of trust on real property and sells the property for less money than the debtor owed, can the creditor seek a deficiency judgment against the debtor for the balance of the debt?
California, United States of America
What is the case law on compensatory orders of spousal support?
Ontario, Canada
In a wrongful death action, is the administratrix entitled to a reversal of the award of damages?
MultiRegion, United States of America
How have the sentencing guidelines for theft been interpreted in this case?
MultiRegion, United States of America
Is there any case law in which a judge clearly intended to impose an upper term?
California, United States of America
What is the effect of the investigator questioning a defendant during a search warrant search?
"New York", United States of America
What is the meaning of damages under section 4.4th 21 of the California Motor Vehicle Accident Act?
California, United States of America
Can a plaintiff bring a claim for retaliation against a former employee of a school for failing to show any one of the required elements of retaliation?
MultiRegion, United States of America
What is the test for appeal judges to overturn a jury's award of damages for pain and suffering?
California, United States of America
Is a motion to disqualify a trial judge an evidentiary proceeding?
California, United States of America
What is the test for money laundering in a criminal case?
MultiRegion, United States of America
Can a learned trial judge still have a reasonable doubt in a sexual assault case?
Ontario, Canada
What is the test for excluded statements in a criminal case relating to kidnapping, kidnapping special circumstance and felony murder?
California, United States of America
Does the exclusionary rule apply in a commitment proceeding?
California, United States of America
What is the legal test for a direct aider and an abettor of a murder?
California, United States of America
What is the test for a plaintiff to succeed in her claim that she was injured in a motor vehicle accident?
Saskatchewan, Canada
Can a gang member be accused of a crime together?
California, United States of America
How have courts dealt with procedural challenges?
California, United States of America
What is the current state of the law on impeachments?
California, United States of America
In what circumstances would a witness be present in the witness box?
California, United States of America
How have the courts interpreted a compromise agreement in a personal injury case?
Saskatchewan, Canada
What is the test for a cause of action under Section 1985 of the Federal Trade Commission Act?
MultiRegion, United States of America
What is the test for rejecting a plaintiff's wife's testimony in a medical malpractice case?
MultiRegion, United States of America
Does Section 654 of the Criminal Code apply to a defendant who committed burglary with intent to commit arson?
California, United States of America
How have the courts treated surveillance footage of a defendant in a civil case?
California, United States of America
When will an insurance carrier be governed by the time limit counsel for plaintiff in the personal injury action?
California, United States of America
Does the forfeiture rule apply to a defendant's failure to object to the booking, attorney and administrative fees?
California, United States of America
What is the test for retroactive child support orders under section 150 of the Family Law Act?
British Columbia, Canada
Is an arbitration agreement unconscionable because the employee will not be afforded a jury trial or judicial review of the decision?
California, United States of America
Does the Commissioner of Health and Social Care have a role in determining the amount of attorneys' fees awarded?
MultiRegion, United States of America
How have counsel reviewed the record in a personal injury action?
California, United States of America
What is the test for reversing a jury's verdict in a sexual assault case?
California, United States of America
What is the test for giving a jury instruction on any affirmative defense for which the record contains substantial evidence?
California, United States of America
What is the evidentiary burden on a plaintiff to prove that they suffered mental distress as a result of a breach of contract?
Ontario, Canada
Is evidence of sexual assault against a defendant not inadmissible under section 1101 of the California Sexual Offences Act?
California, United States of America
Is an unlawful arrest not an arbitrary arrest?
Ontario, Canada
What is the scope of the father's argument in his application for a judicial review of an order requiring contested hearings?
California, United States of America
Can a reasonable doubt be applied in a sexual assault case?
California, United States of America
What is the test for determining what is in a child’s best interests?
Ontario, Canada
When can a self-represented litigant claim costs?
Ontario, Canada
Is there a good faith defense to crime of selling government property?
MultiRegion, United States of America
Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract?
Ontario, Canada
Does the concept of unanimity apply to a defendant's motive for committing a crime or the theory underlying the crime?
California, United States of America
What are the conclusions of the federal district court on constitutional rights?
MultiRegion, United States of America
What is the state attorney general's position on a motion to strike?
California, United States of America
What is the test for appeal against a finding that a judge has power to order a motion of appeal?
California, United States of America
What is the effect of a motion for summary judgment against a defendant?
Nova Scotia, Canada
Does the Eighth Amendment require that prisoners receive qualified access to health care?
MultiRegion, United States of America
What is the standard of review for a defendant challenging the sufficiency of the evidence for a jury finding?
California, United States of America
What is the test for assessing contradictory evidence in a medical malpractice case?
California, United States of America
Does a debtor's intent to defraud a creditor meet the requirements of Section 727(a)(2)?
federal, United States of America
What is the test for using the confrontation clause in civil litigation?
California, United States of America
In what circumstances will the Court uphold a judgment against a landlord for breach of the implied warranty of habitability?
California, United States of America
What is the test for establishing that there was enrichment and corresponding deprivation for the purposes of a claim?
British Columbia, Canada
What is the test for excusing a jury who have concerns that the jury may be prejudiced against a plaintiff?
California, United States of America
Does a search incidental to arrest include a search of the vehicle of the accused?
British Columbia, Canada
What is the current state of the law regarding access to warrant applications by the public?
Ontario, Canada
What is Azteca's written anti-harassment policy and company-wide training program sufficient to support the affirmative defense?
MultiRegion, United States of America
In what circumstances will an attorney be required to provide an attorney's duty of care in drafting a will for the intended beneficiary?
California, United States of America
What is the test for creating a benefit that singles out a disadvantaged group for inferior treatment or that gives rise to inferior treatment?
British Columbia, Canada
When will the respondent be required to meet his obligations under a binding settlement?
Ontario, Canada
What is the test for a defence of mitigation defence based on the recommendations made by the Court of Appeal?
British Columbia, Canada
Is an investigative stop valid under the Fourth Amendment?
California, United States of America
What is the test for carrying out a search at a border crossing?
MultiRegion, United States of America
Does the presence or absence of injury determine whether the force applied was likely to cause significant injury?
California, United States of America
Is there a resulting trust when a party contributes to the purchase of a property but then gratuitously transfers their title?
Ontario, Canada
What is the test for establishing that a will was signed by a testator who appeared to understand and approve the contents?
Alberta, Canada
Does section 391 of the California Code of Civil Procedure apply to an appeal or civil writ proceeding filed in the appellate court?
California, United States of America
Does a judge have authority to stay execution of sentences for attempted robbery and criminal threats?
California, United States of America
What is the limitation period for an application under the Human Rights Code?
Ontario, Canada
What is the duty of care of a nurse to a physician?
British Columbia, Canada
What is a cause of action for legal malpractice?
California, United States of America
What is the value of knowing a global amount of a settlement?
Yukon, Canada
What is the test for sufficiency of evidence to support a rape conviction?
California, United States of America
Is a conspiracy to commit assault with a firearm a lesser included crime of conspiracy to murder?
California, United States of America
What is the test for obtaining a search warrant under the Fourth Amendment?
California, United States of America
What is the purpose of providing reasons in a motion?
British Columbia, Canada
What is the test for a search for weapons by a police officer in a vehicle accident?
California, United States of America
Can cross-defendants claim attorney fees and costs under section 425.16, subdivision (c) of the California Anti-SLAPP Act?
California, United States of America
What is the meaning of Rule 7-1?
British Columbia, Canada
In what circumstances will the courts refuse to grant a motion of defence in a murder trial?
California, United States of America
Can a judge be found to be bias on a second appeal?
Ontario, Canada
Is it appropriate for the court to delay the sale of one of two or more properties pledged as security?
British Columbia, Canada
Is there any case law where misconduct by one plaintiff during the litigation was described as "scandalous, outrageous and reprehensible"?
British Columbia, Canada
Is there any case law where a defendant has a right to confront a witness?
California, United States of America
Can an individual be in possession of a firearm without being armed with a firearm?
California, United States of America
How have courts treated duress and psychological coercion in the context of sexual assault cases?
California, United States of America
What is the requirement of knowledge for possession of a digital file?
Canada (Federal), Canada
What is the consequence of the failure to disclose relevant information in a police officer's personnel file?
California, United States of America
How have courts interpreted the felony-murder special circumstance in cases where robbery was incidental to the murder?
California, United States of America
What is the test for determining whether a primary policy is primary under s. 277 of the Insurance Act?
Ontario, Canada
Does an undertaking as to damages need to be made before an injunction can be granted?
Ontario, Canada
Is petitioner entitled to federal habeas relief for appellate counsel?
MultiRegion, United States of America
What is the impact of section 930(2) of the remedial legislation on gravel operators?
British Columbia, Canada
What is the test for determining whether there was a single conspiracy encompassing multiple counts?
California, United States of America
In what circumstances have courts imposed consecutive sentences on a defendant who fires a shot at a police car?
California, United States of America
Can a defendant seek sex crime counseling in prison?
California, United States of America
What is the current sentence for conspiracy to commit murder?
California, United States of America
Does the district court abuse its discretion in denying plaintiffs leave to file a fourth amended complaint in order to reinstate an unjust enrichment claim?
MultiRegion, United States of America
What is the test for determining whether a claim can be found to be a party to a motor vehicle accident?
California, United States of America
Is a doctor permitted to conduct a physical examination of a plaintiff without consulting an attorney?
California, United States of America
Is a person incompetent and disqualified to be a witness?
California, United States of America
If a petty officer is injured on a naval base or installation while on liberty or leave, does the general rule apply?
MultiRegion, United States of America
Can a plaintiff in a derivative action receive a pre-emptive costs order?
British Columbia, Canada
Is a plaintiff entitled to interim spousal support?
Ontario, Canada
How do we review the evidentiary rulings of a federal district court on a motion to suppress evidence?
MultiRegion, United States of America
Does time need to be proven to prove an offence was committed on or about a named date?
California, United States of America
What is the definition of slander per se?
British Columbia, Canada
Does the favorable termination rule bar civil rights claims?
MultiRegion, United States of America
Is possession with intent to distribute and actual distribution of heroin a separate criminal offence?
MultiRegion, United States of America
What is the test for invoking the privilege against self-incrimination?
MultiRegion, United States of America
How have courts responded to a jury's question about aiding and abetting?
California, United States of America
What are the elements of a procedural due process claim?
MultiRegion, United States of America
What is the standard of review for application of the power site formula?
MultiRegion, United States of America
What is the scope of discretion of the courts in deciding whether to grant discretion to a city councilor in a discretionary action?
California, United States of America
What is the state of the law in England and Wales?
Canada (Federal), Canada
What is the test for determining whether a defendant has committed a crime under section 425.16 of the California Civil Code?
California, United States of America
Does a federal district court have to consider sentencing disparities between co-defendants who have a similar criminal record?
MultiRegion, United States of America
What is the test for a conviction for breach of trust?
Ontario, Canada
Does an accusatory pleading need to specify the wrong code section?
California, United States of America
In what circumstances will a defendant be found guilty of possession of cocaine in a shared apartment?
Ontario, Canada
Is a motion for an evidentiary hearing reviewed for abuse of discretion?
MultiRegion, United States of America
What is the current state of the law on "hearsay" in the context of video evidence in a robbery case?
California, United States of America
What is the test for proving that the child is still a child of the marriage at the time of the application?
British Columbia, Canada
On appeal of a restraining order, what is the evidentiary burden?
California, United States of America
What is the test for obtaining a continuance under the California Civil Code of Civil Procedure?
California, United States of America
Is a prison officer entitled to qualified immunity from prosecution for interfering with an inmate's religious beliefs?
MultiRegion, United States of America
What is the current state of the law on deferential deference given to findings of law and fact made by the EST?
British Columbia, Canada
Does the fact that a decision is administrative and affects the rights, privileges or interests of an individual trigger the duty of fairness?
Nova Scotia, Canada
When a payor earns an extraordinary amount, even if that amount is a capital gain, is that payor expected to share his bounty with his children?
Alberta, Canada
How is a family insurance contract interpreted by the Court of Appeal?
British Columbia, Canada
Is a prosecutor held to a higher professional standard than an attorney?
California, United States of America
Does the one-third-the-middle term rule apply to a sentence under section 654 of the California Criminal Code?
California, United States of America
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand?
California, United States of America
Is there any case law where a defendant has been successful in a civil case?
MultiRegion, United States of America
What is the standard of proof required at the preliminary inquiry stage of a criminal proceeding?
Nova Scotia, Canada
What is the scope or nature of appellate review in a case of a zoning violation?
California, United States of America
Does the enhancement for personal infliction of great bodily injury apply to mayhem?
California, United States of America
What is the test for admitting a report late?
British Columbia, Canada
Is a plaintiff's stoicism and stoicism a factor in determining damages?
British Columbia, Canada
What is the test for retrial after a jury deadlock?
California, United States of America
What is the effect of Section 81676.5 of the California Code of Civil Procedure when it is repealed?
California, United States of America
How do courts interpret a specific intent to injure?
California, United States of America
What is the province’s position on the timing of an application for production of documents?
British Columbia, Canada
How have the courts treated the appellant in a personal injury case?
California, United States of America
What is the test for the liberal construction rule in an insurance contract?
MultiRegion, United States of America
Is there any case law where a plaintiff was denied a right to possess a shotgun?
MultiRegion, United States of America
What is the test for determining past wage loss?
British Columbia, Canada
What is the test for using the term "surviving spouse" in the context of a claim under the California Retirement Act?
California, United States of America
What is the test for a finding admitting or excluding evidence offered for impeachment for abuse of discretion?
California, United States of America
Does the court have the power to dismiss a motion brought by a noncompliant plaintiff?
MultiRegion, United States of America
Does the statute of limitations apply to a claim for breach of warranty?
"New York", United States of America
Is a defendant entitled to remand for resentencing if the sentencing court was unaware of the scope of its discretionary powers?
California, United States of America
Can appellant appeal against the Attorney General's argument that a remand for resentencing would result in a longer sentence?
California, United States of America
Can recommendations made by a qualified health care professional support a cost of future care claim?
British Columbia, Canada
What is the current state of the law on coercive interrogation by a police detective?
California, United States of America
What is the test for strip searches in the context of Section 8 of the Charter?
Ontario, Canada
What is the test for determining whether a defendant has been found guilty of a federal error by the Court of Appeal?
California, United States of America
Can a party who signed a contract with respect to a property without the consent of the other party to disclaim the property?
Alberta, Canada
What is the current state of the law on how to prove that a defendant obtained credit card numbers from a credit card skimmer?
MultiRegion, United States of America
Does a discrepancy as to the date of the crime in an affidavit in support of a search warrant application entitle to suppression?
"New York", United States of America
What is the test for proving vindictive prosecution?
MultiRegion, United States of America
What is the standard of review in the context of an appeal?
MultiRegion, United States of America
What is the test for dismissing a jury verdict as to a charge of kidnapping for robbery?
California, United States of America
Is a defendant liable in a civil action brought by a former member of the parole board for wrongful dismissal?
MultiRegion, United States of America
What is the limitation of calendar preference on appeal due to medical reasons?
California, United States of America
What is the test for proving that a letter was sent by ordinary mail?
Canada (Federal), Canada
What is the legal test for privilege over privileged documents?
Ontario, Canada
