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.
In what circumstances will a jury award the death penalty during the penalty phase?
California, United States of America
How have the courts interpreted a settlement agreement?
California, United States of America
What is the legal standard that applies to a motion for summary adjudication?
MultiRegion, United States of America
Is an easement a factor to accommodate a development plan?
British Columbia, Canada
Is Carmichael v.Carmichael a case where the recipient has been ordered to pay specific expenses?
Canada (Federal), Canada
Does a victim's testimony that she slipped in and out of consciousness during her ordeal satisfy the statutory definition of physical helplessness?
MultiRegion, United States of America
Does the Attorney General have forfeited the issue on appeal by failing to object to admission of the plea colloquy?
California, United States of America
What is the accusatory instrument in a criminal case when a defendant is observed sitting next to a damaged vehicle?
"New York", United States of America
What is the test for giving a jury instructions where a defendant has no memory of the events leading up to the murder of a cellmate?
California, United States of America
What is the test for disclosure in a motion for security for costs against Canasia?
Ontario, Canada
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted?
California, United States of America
What is the range of income derived under s. 3(a) of the Financial Conduct Authority?
British Columbia, Canada
What is the test for a no contact hockey league?
Manitoba, Canada
Does Scottish & York need leave to appeal an interlocutory order regarding liability?
Newfoundland and Labrador, Canada
How do courts review an order denying an anti-SLAPP motion?
California, United States of America
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
Is there a meritorious defense?
MultiRegion, United States of America
What is the test for declaratory judgment under Section 2201 of the Declaratory Judgment Act?
MultiRegion, United States of America
How much would a plaintiff have earned in the past?
British Columbia, Canada
What is the difference between a failure-to-warn claim and a cause of action for design defect based on consumer expectations?
California, United States of America
What is the appropriate date for the valuation of assets under the Family Relations Act?
British Columbia, Canada
What is the test for an equal division of matrimonial property between spouses?
Saskatchewan, Canada
Can a jury consider physical abuse as an assault?
California, United States of America
What is the test for determining whether a federal error was harmless beyond a reasonable doubt?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a defendant participate in a burglary and robbery after the acts causing death be held liable for felony murder or special circumstances?
California, United States of America
In what circumstances will the court grant spousal support to a husband who has taken early retirement to facilitate his wife obtaining better employment?
British Columbia, Canada
How have the courts interpreted the test for "by question asked [of] a witness"?
California, United States of America
Does a plaintiff have to pay defendants' costs throughout the course of the litigation if he does not receive his costs until March 2017?
British Columbia, Canada
Does a prisoner have a constitutional right to access educational and rehabilitation programs in prison?
MultiRegion, United States of America
Is the sentence imposed by the trial court consistent with the law?
California, United States of America
Is an out-of-court statement that an accomplice's testimony is "self-interested and calculated" hearsay?
California, United States of America
Does a motion to amend or amend the cause of action start with issuance?
MultiRegion, United States of America
What is a prosecutor's duty when they know that a witness has committed perjury?
MultiRegion, United States of America
How have the courts interpreted sentencing instructions in a murder case?
California, United States of America
What is the test for a motion to bifurcate gang enhancements for abuse of of power?
California, United States of America
What is the test for a court to order a party to attend arbitration?
British Columbia, Canada
How have the courts interpreted the words "diligence" in a limitation period?
British Columbia, Canada
What is the test for a modification of a child support order for abuse of discretion?
California, United States of America
What factors will a judge consider when determining damages in a motor vehicle accident?
British Columbia, Canada
What is the test for using an excuse for failing to stop the car when driving?
Alberta, Canada
What is the legal test for a volunteer strata council?
British Columbia, Canada
How has the jury been instructed in a personal injury case?
California, United States of America
What is the statute of limitation for an action brought by plaintiffs alleging that they were denied an option to exercise their right to sue for wrongful dismissal?
MultiRegion, United States of America
What is the test for prejudgment interest in a personal injury action?
MultiRegion, United States of America
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
What is the legal test for determining pre-judgment interest?
Ontario, Canada
What is the difference between the pronouncement of a sentence and the order or abstract of judgment in a criminal case?
California, United States of America
Does a prosecutor have to argue that the jury should consider mitigating defense evidence in aggravation?
California, United States of America
Is unconsciousness a defense to criminal charges?
California, United States of America
What is the burden of establishing that a juvenile waived his Miranda rights during a custodial interrogation?
California, United States of America
What is the standard of review for denying a motion to suppress evidence?
California, United States of America
Does the reciprocal discovery statute require the prosecution to disclose to the defense certain categories of evidence?
California, United States of America
What is relevant evidence in a civil case?
California, United States of America
Does Section 654 of the California Code of Civil Procedure apply to sexual misconduct that is forcible fondling of the victim?
California, United States of America
Does the standard of proof need to be higher?
California, United States of America
In what circumstances will the Court remand an application to the Board of Immigration Appeals?
MultiRegion, United States of America
What is the test for a tort where a plaintiff is injured in a motor vehicle accident?
California, United States of America
What is the test for substantial evidentiary support in a review of decisions of the California Court of Appeal?
California, United States of America
What is the effect of admitting a prior conviction for a similar crime?
California, United States of America
Does the Attorney General have jurisdiction to grant funding to a private litigant in a Charter dispute?
British Columbia, Canada
What are the remedies for abuse of process?
Nova Scotia, Canada
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment?
MultiRegion, United States of America
What is the test for a plaintiff to mitigate their losses by refusing to accept the recommended medical treatment?
British Columbia, Canada
Can a claim for occupation rent be made by one spousal co-tenant against the other?
Ontario, Canada
What is the test for a search warrant to search a person's home?
MultiRegion, United States of America
What is the test for determining whether an employee is an employee or an independent contractor?
California, United States of America
What is the test for obtaining a breath sample from a motorcyclist?
Ontario, Canada
Does a local rule requiring a courtesy copy need to be submitted to the clerk of a pro se prisoner complaint?
MultiRegion, United States of America
Does the duty of fair representation apply to the role of the union?
Canada (Federal), Canada
Does a police officer’s template/notes constitute "canned evidence"?
Ontario, Canada
How is the Court apportioned costs on the issue of Successful Party Behaving Unreasonably on the Motion to Change the Rules of Appeal?
Ontario, Canada
What is the effect of a motion for fees and costs against defendants in an anti-SLAPP action?
California, United States of America
What is the standard of review and what is the test for determining whether a claim can be denied?
MultiRegion, United States of America
What is the consequence of a plaintiff's failure to complete an option in a multi-million dollar loan?
British Columbia, Canada
How does the defense of duress work?
California, United States of America
What is the consequence of a defense counsel's failure to provide a satisfactory explanation to the Court of Appeal?
California, United States of America
What constitutes an assault with a deadly weapon?
California, United States of America
What is the standard of reasonableness of a strata’s decision to rely on a contractor who has been found to have made a mistake in a repair project?
British Columbia, Canada
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest?
California, United States of America
If A destroys a dike in order to protect more valuable property from flooding, can A claim a defense of necessity?
California, United States of America
What is the test for refusing to hear a motion for contempt of court?
Manitoba, Canada
In what circumstances will a court or arbitrator decide whether or not a plaintiff has been fraudulently induced to agree to an arbitration provision?
California, United States of America
How have courts dealt with a petition seeking to reduce the sentence of a convicted burglar to a misdemeanour?
California, United States of America
What constitutes possession of a property?
MultiRegion, United States of America
In what circumstances will a federal judge strike down a defense counsel's argument that the reasonable doubt standard was flawed?
California, United States of America
In what circumstances will a court order an unsworn witness report to be extradited from the United States?
British Columbia, Canada
What factors are used to determine whether the police had reasonable suspicion of criminal activity at the time of the seizure of a man who fled from a high crime area?
MultiRegion, United States of America
What is the test for a party seeking a new trial on the basis of newly discovered evidence?
California, United States of America
Can a factfinder be clearly erroneous in making a decision between two opposing views of the evidence?
MultiRegion, United States of America
What is the test for establishing a prima facie case in an employment discrimination case?
California, United States of America
What is the history of the automobile exception to the warrant requirement of the fourth amendment?
MultiRegion, United States of America
Is a home inspector responsible for failing to provide a reasonable visual inspection?
Alberta, Canada
What is the meaning and effect of the phrase "patent unreasonableness" under section 58(3) of the ATA?
British Columbia, Canada
What is the test for assessing the seriousness of the Charter infringing state conduct?
Nova Scotia, Canada
Is there any case law or case law in which a land held for public purposes is not subject to the limitation of the statute of limitations?
California, United States of America
Can a proceeding be transferred to another registry?
British Columbia, Canada
What is the impact of the common issues at the heart of litigation?
British Columbia, Canada
What is the test for a landlord to sue for unpaid rent?
California, United States of America
In what circumstances have the Law Society of BC found a lawyer to have committed professional misconduct in 14 different instances?
British Columbia, Canada
What are the elements of a slander of title action?
California, United States of America
What is the test for a motion for a nonsuit in a motor vehicle accident?
California, United States of America
How have courts interpreted Section 504(1) of the 504(2) and what is the test to establish a violation of that section?
MultiRegion, United States of America
What is the test for a plaintiff's claim that they were not responsible for the injuries they sustained as a result of drinking alcohol?
"New York", United States of America
Is a defendant's prior drug conviction relevant to the credibility of the witness?
California, United States of America
What is prejudicial evidence in a civil case?
California, United States of America
Does a prior conviction of battery upon a police officer constitute moral turpitude?
California, United States of America
What is the test for substantial evidence in a sexual assault case?
California, United States of America
What is the necessary circumstances for a defendant to be found guilty of two counts of first-degree murder under section 12022.53 of the California Criminal Code?
California, United States of America
Does the Court of Appeal have any authority to reject the conclusions of the state court of appeal?
MultiRegion, United States of America
What is the test for determining whether there is negligence in a motor vehicle accident?
California, United States of America
Can a third party in the possession of property be ordered to deliver the estate to the executor?
California, United States of America
What factors will be considered in determining whether a suspect's confession was coerced?
California, United States of America
Does section 654 of the California Criminal Code require a separate punishment for each residential burglary?
California, United States of America
How have the courts treated a motion to withdraw a no contest plea?
California, United States of America
What is the sufficiency of an indictment in relation to allegations of sexual assault against a minor?
MultiRegion, United States of America
What is the quantum of loss of income for a plaintiff injured in a motor vehicle accident?
New Brunswick, Canada
In what circumstances will a plaintiff be able to sue for damages under the High Trees Act?
Saskatchewan, Canada
In what circumstances will the California Bar be required to reformulate its regulations in order to prevent a plaintiff from being denied access to a medical malpractice remedy?
California, United States of America
What are the duties of a doctor in the fiduciary relationship with a patient?
Alberta, Canada
Does the doctrine of promissory estoppel apply in the context of an Order to Pay for cleaning expenses?
British Columbia, Canada
When a defendant who has been released on bail fails to appear before a judge to plead guilty to a charge under section 1305 of the California Penal Code, what remedies are available to the surety?
California, United States of America
Can a defendant confront prosecution witnesses during a preliminary hearing?
California, United States of America
Does a bank have security attached to a primary debtor's book debt?
Alberta, Canada
What is the standard of care of a gynecologist and obstetrician?
Ontario, Canada
If a plaintiff fails to fix his complaint, can a federal court order the entire action to be dismissed?
MultiRegion, United States of America
What is the test for establishing the corpus delicti in a murder case?
California, United States of America
What is the standard of conduct of the court on a cost application?
British Columbia, Canada
Is a defendant required to obtain a certificate of probable cause to appeal from a denial of a motion to withdraw a guilty plea?
California, 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
Is there a right to resist arrest or interfere with a peace officer's investigation of a 911 call?
California, United States of America
What is the test for sexual exploitation under section 288 of the California Child Protection Act?
California, United States of America
What are the factors used by courts to assess the existence of a legal duty?
California, United States of America
What is the test for reducing a criminal conviction to a lesser degree?
California, United States of America
Is it misconduct to persuade a jury of a defendant's guilt by using deceptive or reprehensible methods?
California, United States of America
When a man claims that his wife was taken for sterilization, does he have to prove that she was not sterilized?
MultiRegion, United States of America
In what circumstances will a police officer be required to make an announcement under section 844 of the California Highway Traffic Act?
California, United States of America
What is the standard of care of a defendant in a personal injury claim?
British Columbia, Canada
How have the courts treated a subpoena for in camera review of records submitted to the Court of Appeal?
California, United States of America
What is the difference between the provisions of the California Labor Code and the California Human Rights Code?
California, United States of America
What are some cases where a judge has been found to be in breach of the Civil Code of Civil Procedure?
California, United States of America
What is the test for review of a decision to deny leave to amend after a responsive pleading has been filed?
MultiRegion, United States of America
What is the test for establishing the validity of a regulation in the Health and Social Care Act?
Alberta, Canada
Can a police officer refuse to arrest the wrong person?
California, United States of America
Is there a material change in circumstance meriting a review of spousal support?
Ontario, Canada
How have courts interpreted the doctrine of "presence and presumptions" in appellate law?
California, United States of America
What is the effect of section 654 of the California Criminal Code on a defendant who has committed more than one crime?
California, United States of America
What is the case of a woman who, as a result of her father-in-law's business interests, has suffered economic disadvantage due to her lack of employment?
British Columbia, Canada
Is a plaintiff entitled to the names and addresses of another person who complained that two police officers had used excessive force in the course of arrest?
California, United States of America
What is the test for a state court to grant a habeas relief under section 2254(e)(1) of the AEDPA?
MultiRegion, United States of America
What is the current state of the law with respect to mobility?
British Columbia, Canada
What is the range of "extraordinary expenses" under s. 7 of the Child Support Guidelines?
British Columbia, Canada
What is the test for a dental malpractice claim?
British Columbia, Canada
What rights does a plaintiff have to object to the evidence at trial?
California, United States of America
What is the standard of palpable and overriding error on a contract?
Alberta, Canada
What is the burden of satisfying the court that no information which could be relevant was imparted?
Newfoundland and Labrador, Canada
What is the effect of a minute order in a personal injury case?
California, United States of America
What is the standard of review for a claim under the California Statutory Interpretation Act?
California, United States of America
How have courts in BC considered the value of a property assessment in a family law case?
British Columbia, Canada
What factors must be considered when assessing future loss of earning capacity?
British Columbia, Canada
Does the term "served" mean stand-alone service?
California, United States of America
Is there insufficient evidence to sustain a finding that a minor violated section 647, subdivision (b) of the Penal Code by soliciting money from a police officer?
California, United States of America
In what circumstances will a defendant be held in a retrial for a second time in the course of questioning by the police?
California, United States of America
What is the test for a motion for substitution of counsel in a personal injury case?
California, United States of America
Can a judge’s finding at trial be used to declare a person in contempt?
British Columbia, Canada
What is the test for admitting a statement by a witness that is inconsistent with their own testimony?
California, United States of America
What is the burden of Nexus in a refugee claim?
Canada (Federal), Canada
What is the test for determining extraordinary school costs?
Manitoba, Canada
What is the legal basis upon which a plaintiff has made her submissions in a personal injury action against the Bank of Canada?
British Columbia, Canada
In a non-consensual detention order, what are some of the questions asked by the police?
California, United States of America
What is the test for an allegation of fraud in a medical malpractice case?
MultiRegion, United States of America
Can Respondents be considered "proceeding on the issue of liability" under section 1032 of the California Vehicle Accident Act?
California, United States of America
What is the burden of proving that there is intent and presumptions of fraud?
British Columbia, Canada
What is the impact of an error in a judge's judgment in a case where the error was found to be prejudicial?
California, United States of America
Does a purse snatch constitute a lesser included crime?
California, United States of America
What is the test for probable alcohol consumption in a motor vehicle accident?
British Columbia, Canada
Does a municipal inspector owe a duty of care to owner-builders?
Canada (Federal), Canada
Does an indigent defendant in a paternity and enforcement of child support action have a constitutional right to have an attorney appointed at public expense?
California, United States of America
What is the test for a motion to vacate a conviction for second degree murder?
California, United States of America
How have courts treated the doctrine of vagueness in the context of due process law?
California, United States of America
What is the test for analysis of change in circumstances and aggravating factors of no voluntary effort and incapacity to earn due to alcohol abuse?
Ontario, Canada
What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination?
MultiRegion, United States of America
Is appellant entitled to a new trial for assault, assault with a deadly weapon and marijuana possession?
California, United States of America
What is the current state of the law on cross-examination?
California, United States of America
What are two separate actions in the context of a prior action?
California, United States of America
How have the courts interpreted the findings of a bankruptcy court's findings of fact and conclusions of law de novo?
MultiRegion, United States of America
Can a witness identify a defendant in surveillance footage?
California, United States of America
What is the test for excluding evidence of a defendant's prior conviction for assault?
California, United States of America
What is the legal test for intervenation by the Court of Appeal in findings of fact by a trial judge?
Saskatchewan, Canada
What is the test for providing an adequate record in the context of a motion to overturn an order against an appellant?
California, United States of America
How does the insanity defense work and how does the commitment procedure work?
MultiRegion, United States of America
What is the test for an arbitrator to determine whether a party has agreed to arbitrate?
MultiRegion, United States of America
In a search conducted with probable cause to arrest, what is the effect of the officer's after-the-fact characterization of the search?
California, United States of America
Can a search of the inside of a person's pocket be expanded to include a search for evidence against him?
Manitoba, Canada
Can a judge reverse himself if he later concludes he was wrong?
California, United States of America
In what circumstances will a prosecutor be found guilty of making comments in his closing argument that the firearms were loaded?
MultiRegion, United States of America
Is there any case law or case law that supports a claim for declaratory relief?
California, United States of America
What is the legal test for the purpose of calculating costs in a personal injury action?
Ontario, Canada
What is the current state of the law on child protection for minor children?
California, United States of America
What is the effect of a finding of contempt of court for failing to comply with the terms of a restraining order?
Ontario, Canada
