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 determining whether the state has the power to impose additional taxes on a franchise?
MultiRegion, 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
Can a plaintiff bring multiple, unrelated claims against more than one defendant?
MultiRegion, United States of America
What is the test for a criminal offence under section 654 of the California Code of Criminal Procedure?
California, United States of America
Does the state have a compelling state interest in protecting society from dangerous persons?
California, United States of America
What is the test for a defendant to be found guilty of assault under CALCRIM No. 3470 of the California Civil Code of Civil Rights Act?
California, United States of America
What is the standard of care required by a doctor to treat a patient in a hospital?
Alberta, Canada
Is the argument that the panel erred by not independently analyzing the claims of the minor children individually not persuasive?
Canada (Federal), Canada
What is the test for establishing that a husband and wife signed an agreement that the wife would not interfere with the disbursement and distribution of her earnings?
California, United States of America
What is the effect of the finding of no probable cause by the hearing court at the intermediate appellate court?
"New York", United States of America
Is there a difference between a jury convicted of attempted murder and a verdict of deliberate, deliberate and intentional murder?
California, United States of America
What is the test for determining whether a police officer can use excessive force against a civilian plaintiff in a civil case?
MultiRegion, United States of America
What is the legal burden of the propounder of a will?
British Columbia, Canada
What is the test for a claim for a constructive trust interest in a deceased's estate?
British Columbia, Canada
Is there any case law that supports the argument that non-government actors are not subject to section 32 of the Charter?
Manitoba, Canada
How have courts dealt with class action claims in medical malpractice cases?
California, United States of America
How can an adjudicator make findings of fact and credibility issues on conflicting evidence?
British Columbia, Canada
What is the test for a jury to overturn a finding that the trial court's instruction was erroneous?
MultiRegion, United States of America
What is the test for an inference or comment?
British Columbia, Canada
What is the impact of an untimely death in a medical malpractice case?
MultiRegion, United States of America
How have courts dealt with the evidence in a personal injury case?
California, United States of America
Is it a criminal offence to make threats or violence to deter a police officer from performing his or her duties?
California, United States of America
Is there a new fact that changes the original basis of the claim?
Ontario, Canada
Does a defendant's future ability to pay restitution preclude the imposition of restitution?
MultiRegion, United States of America
Is a person acquitted of a crime by reason of reason of insanity entitled to a jury trial on the issue of whether his own protection or that of society requires his continued detention?
"New York", United States of America
What is the test for sentencing a defendant to five separate sentences for making a criminal threat under section 654 of the Criminal Code?
California, United States of America
Can a plaintiff who witnessed the tortious injury of another witness recover damages against the tortfeasor?
California, United States of America
Does a defendant have a claim of contribution against other wrongdoers?
British Columbia, Canada
What is the test for reasonable doubt in a sexual assault case?
California, United States of America
Can a court grant declaratory relief against any type of defendant in a case otherwise within the court's jurisdiction?
MultiRegion, United States of America
Does the First Amendment guarantee that a school curriculum will offend no religious group?
"New York", United States of America
What is the test for qualified expert testimony at a medical malpractice hearing?
California, United States of America
Does Rule 31(d) allow an implied statement of grounds in some cases?
California, United States of America
What is the effect of a written transcript on the credibility of a witness?
California, United States of America
What is the test for making a voluntary statement in a criminal case?
Alberta, Canada
Can a private person who makes an arrest justify doing so by showing that he had reasonable grounds to believe the arrest had been committed?
Saskatchewan, Canada
What is the test for constructive trust analysis in a common law marital relationship?
Alberta, Canada
What is the current state of the law on a motion to suppress a statement under the Miranda rights?
California, United States of America
What is the procedure for setting a deposition of a party in a civil case?
MultiRegion, United States of America
Does the rule of leniency in a motor vehicle accident apply to the criminal penalty for ordinary negligence?
MultiRegion, United States of America
What is the test for an adverse employment action under Title VII of the United States?
MultiRegion, United States of America
How have courts dealt with a motion to vacate a guilty plea?
California, United States of America
What is the test for establishing there was a conspiracy?
MultiRegion, United States of America
Is a mere error of state law not a denial of due process?
California, United States of America
How has the court dealt with an allegation of fraud?
British Columbia, Canada
When will a judge grant a motion for a new trial?
California, United States of America
What is the test for a summary judgment application in common law?
Alberta, Canada
What is the test for proving beyond a reasonable doubt?
California, United States of America
What is the meaning of SLAPP?
California, United States of America
What are the elements of a fraudulent misrepresentation claim?
California, United States of America
How has the litigation privilege been interpreted in the context of an abuse of process claim?
California, United States of America
What factors must be considered by a trier of fact in determining whether a patient would have refused treatment?
British Columbia, Canada
What is the test for consent in a search of a sleeping compartment in a motor vehicle?
MultiRegion, United States of America
Can the respondent proceed to a fact finding hearing on an alleged act of delinquency without a jury?
"New York", United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is considered substantial evidence in the context of the definition of the word "substantial evidence"?
California, United States of America
What is the range of income derived under s. 3(a) of the Financial Conduct Authority?
British Columbia, Canada
Can an employer be held liable for the negligence of an independent contractor?
California, United States of America
What is the impact of a certificate of pending litigation on a plaintiff's property?
British Columbia, Canada
When testimony is read back to the jury without the judge's approval, can it be characterized as a mere trial error?
MultiRegion, United States of America
Can a bank manager be convicted of embezzlement where the bank manager and defendant were very friendly?
California, United States of America
Does section 1061 of the Code of Civil Procedure allow the trial court to refuse to render a declaratory judgment?
California, United States of America
What is probable cause to arrest without a warrant?
MultiRegion, United States of America
What is the test for harmless error analysis in personal injury cases?
California, United States of America
What is the test for a motion to suppress evidence obtained through wiretap warrants?
MultiRegion, United States of America
What are the elements of voluntary manslaughter based on imperfect self-defense?
California, United States of America
Is there any case law in which a prosecutor has been found to have made an error or error in making an allegation of sexual assault?
MultiRegion, United States of America
What is the test for reversal of a finding that a statement was admitted against appellant in violation of the Miranda rights?
MultiRegion, United States of America
What is the effect of residual residual effects of a misnomer amendment to a medical malpractice case?
Ontario, Canada
Is a police officer's entry into a locked automobile trunk a "search" within the meaning of the Constitution?
California, United States of America
What is the test for substituting the judgment of a judge in a motion to appeal?
California, United States of America
How have courts dealt with the cumulative impact of errors in a sexual assault case?
California, United States of America
What is the test for proving a due process violation?
California, United States of America
Can a defendant be charged with assault under section 69 of the Criminal Code for allegedly resisting arrest?
California, United States of America
What is the effect of a finding of unfitness under section 707 of the California Criminal Code?
California, United States of America
Does the plain error rule apply retroactively to a change in the criminal code?
MultiRegion, United States of America
How does the court review a judgment dismissing a cross-complaint after a demurrer has been sustained?
California, United States of America
Does a defendant have to appeal against a finding that he failed to obtain a certificate of probable cause?
California, United States of America
What is the effect of a federal district court's interpretation and application of sentencing guidelines?
MultiRegion, United States of America
Does a contingency fee need to be paid in real estate transactions?
Ontario, Canada
What are the circumstances in which a plaintiff in a personal injury case is unable to articulate his claims?
MultiRegion, United States of America
What is the test for variation of interim support orders?
Ontario, Canada
What is the effect of a court-appointed receiver on a company?
Ontario, Canada
What is the test for a Rule 59(e) motion?
MultiRegion, United States of America
Can a defendant bring a constructive amendment claim?
MultiRegion, United States of America
What is the test for determining who is the "prevailing party" under section 1717 of the California Civil Code?
California, United States of America
What factors have the parties agreed to consider in a medical malpractice case?
Ontario, Canada
In what circumstances will a voting machine fail to return or stack a ballot with an under or over vote?
Ontario, Canada
Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal?
Ontario, Canada
What is the test for a waiver of a child's rights?
California, United States of America
Can a defendant be ordered to pay full restitution to a victim in a sexual assault case?
California, United States of America
Does defendant register a protest to the omission to charge with respect to the agency defense?
"New York", United States of America
Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal?
California, United States of America
What is the standard of review applicable to a finding of fact based on the credibility of a witness?
British Columbia, Canada
Is a probationer entitled to a warrantless search?
California, United States of America
Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made?
California, United States of America
What is the test for a defense to preserve a claim for prosecutorial misconduct?
California, United States of America
Does a motion to strike on an anti-SLAPP motion have to strike?
California, United States of America
What is the burden of proving malice against someone who made a racial slur against another person?
California, United States of America
What constitutes a material change in the circumstances of a child?
British Columbia, Canada
What constitutes substantial success in a family law case?
British Columbia, Canada
What is the test for detention of a vehicle under section 26708 of the California Vehicle Code when a police officer stopped a motor vehicle with hanging beads attached to the driver's windshield?
California, United States of America
What is the test for a jury to return a sentence of life imprisonment without a parole if it finds that mitigation outweighs the death penalty?
California, United States of America
What is the defence of a foreign judgment that was obtained in violation of the rules of natural or fundamental justice?
Ontario, Canada
Is a sale plan accurate describing the state of the property accurate to the purchaser?
Saskatchewan, Canada
What is the legal test for obtaining access to a judicial record in a civil case?
MultiRegion, United States of America
What is the standard for ineffective assistance of counsel?
California, United States of America
Are statements by a taxpayer of their subjective purpose and intent relevant?
Canada (Federal), Canada
Can a city clerk issue a permit allowing a service station to remain open during designated hours?
Ontario, Canada
What is the test for personal injury claims in a motor vehicle accident case?
Saskatchewan, Canada
How have courts interpreted hearsay statements by police responding to reports of a shooting?
California, United States of America
Can a judge apportion the ultimate rights of the parties in a judgment?
California, United States of America
What is the effect of a Screening Order requiring a plaintiff to amend or amend a Defendant's Statement of Claim?
MultiRegion, United States of America
How have courts interpreted the test for relying on the testimony of accomplices?
MultiRegion, United States of America
What are the elements of an FDCPA cause of action?
MultiRegion, United States of America
What is the quantum of disclosure in a family law case?
Ontario, Canada
What is the test for substituting an alternate juror in a civil case?
California, United States of America
What is the test for a motion alleging that a decision by the Department of Justice has frustrated an inmate's litigation?
MultiRegion, United States of America
What are the factors applicable to a student who is over the age of majority, in a course of studies and living at home?
British Columbia, Canada
Whether a legally recognized privacy interest exists is a question of law subject to de novo review?
California, United States of America
What defense might have been presented if specific intent had been at issue at the time of the killing?
California, United States of America
What is the state of the law in relation to electronic warfare?
California, United States of America
What is the test for a pro se plaintiff pleading?
MultiRegion, United States of America
What is the test for hiring a defence counsel in a personal injury case?
Canada (Federal), Canada
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code?
MultiRegion, United States of America
What is the current state of the law on the grounds of hearsay?
MultiRegion, United States of America
What is the test for failure to exhaust a claim?
MultiRegion, United States of America
Does a cause of action accrue when a judgment has become final?
California, United States of America
What is the test for equitable tolling of a habeas petition?
MultiRegion, United States of America
What is the test for a week-about custodial arrangement?
Ontario, Canada
Does a petition proceeding constitute public interest litigation where costs should not be awarded against the petitioner?
British Columbia, Canada
What is the test for appealability of an order requiring a plaintiff to obtain a copy of the Code of Civil Procedure?
California, United States of America
Can a federal conviction obtained in violation of the Constitution be challenged in federal habeas corpus?
MultiRegion, United States of America
How have courts treated assertions of error de novo?
California, United States of America
What is the test for admissible evidence of a defendant's criminal past?
California, United States of America
What are the factors giving rise to punitive and aggravated damages?
Alberta, Canada
What is the test for a motion to overturn an order granting a new trial?
California, United States of America
What jurisdiction does the Court have to award costs?
Prince Edward Island, Canada
What rights does an inmate have to a state administrative or disciplinary hearing before he is placed in disciplinary segregation?
MultiRegion, United States of America
Is a draft human rights settlement agreement enforceable?
Alberta, Canada
What is the scope of the oppression remedy under s. 135 of the Condominium Act?
Ontario, Canada
Is there a contractual relationship between the parties?
Ontario, Canada
What is the test for a plaintiff to return to work after a motor vehicle accident?
British Columbia, Canada
What is the test for the purpose of bringing an action against the directors of a corporation for negligence and wrongful performance of their duties as directors?
"New York", United States of America
What is the burden of proving that statements made by a defendant are voluntarily made and not coercive?
"New York", United States of America
Does a new party have to obtain a prohibitive number of signatures on a nominating petition to get on the ballot?
California, United States of America
Does attorney-client privilege apply to communications between a client and an administrative professional?
California, United States of America
What is the test for a city to be strictly bound by the legislation on retroactively collecting taxes?
Manitoba, Canada
Is a defendant liable for additional damage caused by a motor vehicle accident?
British Columbia, Canada
How have the courts dealt with a no evidence motion in professional negligence cases?
British Columbia, Canada
What is the test for liability under the natural and probable consequences doctrine?
California, United States of America
Is there any case law where a motion to dismiss was successful on the grounds that the prior counsel was ineffective?
California, United States of America
Can a hospital refuse to comply with a police search warrant?
California, United States of America
Can a defendant appeal from a conviction predicated on a no contest plea?
California, United States of America
What is the test for premeditation and deliberation in the context of murder?
California, United States of America
Can an order that merely dismisses a complaint but does not expressly dismiss the action be appealed?
MultiRegion, United States of America
Does Section 136.1, subdivision (b)(1) of the California Criminal Code apply to an attempt to influence a witness's testimony?
California, United States of America
How have the courts in BC dealt with an application to add new parties to a claim for damages brought by a plaintiff who was injured in a motor vehicle accident in 2014?
British Columbia, Canada
Can a defendant complain about error in the failure to give the instruction?
MultiRegion, United States of America
What is the current state of the law on disclosure of confidential information?
Ontario, Canada
Is a lawyer required to perform a legal service before taking ownership of funds received in trust from a client?
Ontario, Canada
What is the test for consent under the Fourth Amendment?
California, United States of America
What is the test for finding a juror guilty of misconduct?
California, United States of America
What is the test for a defendant to be held liable for the criminal acts of his co-conspirators?
MultiRegion, United States of America
Can a defendant be found guilty of forcible oral copulation during the commission of a burglary?
California, United States of America
Can a defendant be convicted of a crime based upon an accomplice's testimony?
California, United States of America
What is the effect of a mortgagee or bargainee taking possession under a chattel mortgage or bill of sale?
Saskatchewan, Canada
What is the current practice of a defendant seeking discovery of the past conduct of the arresting officer?
California, United States of America
What is the standard of care of a driver who puts a person in gear with a person on the hood of their car?
Ontario, Canada
What is the burden of collateral estoppel on a criminal defendant?
California, United States of America
Does the parol evidence rule need to be used as a shield to prevent the proof of fraud?
California, United States of America
What are the reasons given by the trial court for not finding a prima facie case?
California, United States of America
Is a court's exclusionary ruling on issues of evidence for abuse of discretion?
California, United States of America
Can a man who killed a fetus carried by his estranged wife be prosecuted for murder?
California, United States of America
Does the testimony of two members of the victim's family have to be admitted at trial?
California, United States of America
What is the current state of the law on the validity of an expert evaluation under the Social Security Prosecutions Act?
California, United States of America
What is the legal test for an indefinite order of spousal support?
British Columbia, Canada
What is the test for imputing income from a spouse who is deliberately undereployed?
Manitoba, Canada
When will the court grant an original mobility application against a variation application?
Nova Scotia, Canada
What is the standard of review in the context of the interpretation of s. 254(2) of the Criminal Code?
Alberta, Canada
When a witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say?
California, United States of America
What is the test for determining interim support at a spouse's interim support hearing?
British Columbia, Canada
What is the test for unanimity in a murder trial?
California, United States of America
What is the standard of care for RBP's plumbing services?
British Columbia, Canada
What is the test for a plaintiff to claim damages for not following a course of medical treatment recommended to her by her doctor?
British Columbia, Canada
What is the test for failing to surrender a permit?
Ontario, Canada
Does section 125.3 of the California Code of Civil Procedure apply to the construction of the statute, and if so, does the court have jurisdiction to interpret the interpretation of the law?
California, United States of America
What are the interrogatories in question?
British Columbia, Canada
In what circumstances will the prosecutor bring the subject of the death penalty before the jury?
California, United States of America
What is the test for reducing income for the purpose of avoiding child support obligations?
Prince Edward Island, Canada
How has section 654 of the California Criminal Code been interpreted in the context of false imprisonment by violence?
California, United States of America
What is the test for awarding attorneys' fees in a civil matter?
California, United States of America
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code?
California, United States of America
Is there any conflict of interest rules for a municipal councillor?
Alberta, Canada
Is there a presumption of resulting trust in the judgment of the Court of Appeal?
British Columbia, Canada
Is detention reasonable under the Fourth Amendment?
California, United States of America
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly a motion under Federal Rule of Civil Procedure 12(b)?
MultiRegion, United States of America
What is the test for assessing a witness’s body language?
British Columbia, Canada
What is the state prosecutor's response to defense counsel's statement that involuntary manslaughter would not have been appropriate?
California, United States of America
Is there any case law where a jury convicted a defendant of reckless endangerment of life because he believed in the need for self-defense?
California, United States of America
