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.
Can the perpetrator of a crime be found guilty of manslaughter even if the crime was unintentional, accidental or negligent?
California, United States of America
Can a constructive trust be imposed in the absence of wrongful conduct like breach of fiduciary duty?
Ontario, Canada
What is the test for presumptive effect on allocation in an indemnity action?
California, United States of America
What is the difference between a criminal and a civil habeas?
MultiRegion, United States of America
What is the current state of the law on patdown searches?
California, United States of America
Does an employer have to continue making contributions to an adequately funded ERISA plan?
MultiRegion, United States of America
What is the test for giving a person a gift?
Alberta, Canada
What is the effect of a police caution on the admissibility of a confession?
Nova Scotia, Canada
What is the test for admitting evidence in a personal injury trial?
California, United States of America
What is the standard of review of a motion where it is alleged the arbitrator erred respecting any inferences of fact drawn?
Ontario, Canada
What is the effect of comments made by a federal district court during a sentencing hearing regarding a defendant's sentencing?
MultiRegion, United States of America
Is a defendant who takes a vehicle with intent to deprive the owner of possession of the vehicle a criminal offence?
California, United States of America
Can a defendant confront the prosecution's witnesses?
California, United States of America
If a wrongful death action is brought by the heirs of a deceased plaintiff, what is the appropriate remedy for the omitted heirs?
California, United States of America
What is the test for a plaintiff to be put in a position that she would have been in but for the injuries caused by negligence?
British Columbia, Canada
What reasons for decisions in the administrative context?
Canada (Federal), Canada
Can a defendant appeal the denial of his motion to suppress evidence?
California, United States of America
Is a car allowance received by the Respondent taxable?
Manitoba, Canada
What is the test for financial independence in a long-term relationship?
British Columbia, Canada
What is the difference between a representative and a derivative action?
"New York", United States of America
What is the test for defining a class?
Ontario, Canada
Does the doctrine of conspiracy apply when there is only one act, the termination of employment, in issue?
California, United States of America
What is the test for admitting evidence in a personal injury case?
California, United States of America
What is the test for intent to commit both the lesser and the greater crime of sexual assault?
MultiRegion, United States of America
What is the test for making a declaration in a personal injury matter?
British Columbia, Canada
What is the range of legal fees and disbursements for the successful party to a settlement offer?
Nova Scotia, Canada
What is the statute of limitations for personal injury claims at sea?
MultiRegion, United States of America
Is the exclusionary rule applicable to other defendants?
California, United States of America
Is a plaintiff entitled to her attorney fees as sanctions for a defense counsel's violation of state-wide and/or local rules?
California, United States of America
What is the test for inferring causation in a motor vehicle accident?
British Columbia, Canada
What is the test for admissible evidence in criminal cases?
California, United States of America
Does a court have any power or authority to deny a motion for a new trial motion based on the exclusion of third party culpability evidence?
California, United States of America
Are there any moneys which the city sought to recover as income taxes for 1924?
Ontario, Canada
Is a failure to set out every element of the crime charged in the complaint and supporting deposition a jurisdictional defect?
"New York", United States of America
What is the test for an allegation of bias against a tribunal?
Canada (Federal), Canada
Can a director or company be oppressive even if they have no legal right to commit a certain act?
Nova Scotia, Canada
What is the "crumbling skull rule" in tort law?
British Columbia, Canada
What are condominium ancillary powers?
Alberta, Canada
Is negligence an independent tort applicable to other torts?
Manitoba, Canada
What is the difference between objective unreasonableness and de novo review?
MultiRegion, United States of America
Does assault with intent to commit a crime require the wrongdoer's present ability to commit the assault?
California, United States of America
What is the test for spousal support in a long term marriage?
British Columbia, Canada
When will the Children's Aid Society of Toronto apply for a supervision order?
Ontario, Canada
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene?
California, United States of America
What is the test for determining whether a defendant has shown that the challenged information was the basis for the sentence?
MultiRegion, United States of America
Is a judge who has never passed a law qualifying examination retroactive?
California, United States of America
What is the effect of the federal district court rule on supplemental pleadings?
MultiRegion, United States of America
What is the test for establishing causation in medical malpractice cases?
Alberta, Canada
What are the reasons for a motion to dismiss a motion for summary judgment?
Ontario, Canada
What is the test for fairness and reasonableness of a solicitor client fee?
Alberta, Canada
Is there any case law in support of a claim that medical malpractice is a form of malpractice?
MultiRegion, United States of America
What is the standard of review on a suppression motion?
California, United States of America
What legal tests apply when determining whether an employee resigned or was dismissed?
British Columbia, Canada
What is the burden of resuming a sentence for a theft?
California, United States of America
Are there any cases where a prosecutor's comments to the jury were declared not to be misconduct?
California, United States of America
Is section 29 of the statute of limitations on a minor's action for damages for negligently inflicted prenatal injuries?
California, United States of America
What is the test for “falling to exercise his right of use and occupation”?
Saskatchewan, Canada
What is the test for making out a defamation defence?
Alberta, Canada
What is the current state of the law on the right not to be arrested without probable cause?
MultiRegion, United States of America
How have the courts interpreted the meaning of uninsured motorist coverage legislation?
Ontario, Canada
Is there any case law where a plaintiff was not a volunteer?
Ontario, Canada
What is the test for relief under s. 98 of the Courts of Justice Act?
Ontario, Canada
What is the legal test for withdrawing a deemed admission?
British Columbia, Canada
What is the test for making a statement under the spontaneous declaration exception?
California, United States of America
Does the Court need to consider arguments raised for the first time at oral argument?
California, United States of America
What is the test for a bystander liability claim?
California, United States of America
What is the test for entitlement to compensation in a long-term relationship?
British Columbia, Canada
Does the limitation period apply to an action for breach of the covenant of good faith and fair dealing?
California, United States of America
What is the test for an affirmative defense in a contract for the payment of money only?
"New York", United States of America
If proof of underlying conviction in a section 922(g)(1) action is excluded, would that change the nature of the crime charged?
MultiRegion, United States of America
What is the evidence used to convict defendant in a sexual assault case?
California, United States of America
Is assault by means likely to inflict great bodily injury a lesser included crime?
California, United States of America
What is the appropriate sentence under section 664 of the California Criminal Code for a crime punishable by indeterminate sentence of life imprisonment?
California, United States of America
Does a defendant in a criminal trial have a right not to testify?
California, United States of America
What is the test for a claim of misconduct against a prosecutor for making false statements about the law during the closing argument?
California, United States of America
What is the test for a motion to sustain a common law common law tort for breach of a statutory requirement?
Ontario, Canada
What is the test for determining whether a defendant's course of conduct was divisible or indivisible?
California, United States of America
What is the test for making an order for an order to remove a child from the custody of his mother?
Nova Scotia, Canada
In what circumstances will a Master grant a husband's application to add his adult son as a party?
Manitoba, Canada
Can a defense counsel argue that an instruction was in error when they requested CALCRIM No. 359?
California, United States of America
In what circumstances have defendant and other independent trustees been ordered to pay damages to plaintiffs in a federal class action?
California, United States of America
What factors will be considered in determining the likelihood of irreparable misidentification due to improper identification procedures?
California, United States of America
What is the test for evidence of co-conspirations?
British Columbia, Canada
What is the test for admissibility of evidence offered for the purpose of showing bias?
California, United States of America
What is the test for damages that can be recovered in a motor vehicle accident?
California, United States of America
Is a solicitor entitled to charge against any property recovered or preserved?
British Columbia, Canada
What is the current state of the law on sexual harassment in prison?
MultiRegion, United States of America
How have the courts treated evidence of prior criminal convictions in the impeachment proceedings?
California, United States of America
Does a potential defendant with self-interest in objecting objecting to a search warrant need to have the consent of a co-tenant?
California, United States of America
Does expert testimony that usurps the role of the jury in making a decision?
MultiRegion, United States of America
Can a plaintiff bring a claim for unlawful arrest under section 1983 of the Fourth Amendment?
MultiRegion, United States of America
Does the Court of Appeal have the power to overturn a conviction for sexual assault on the grounds that the trial court improperly instructed the jury to consider the issue of venue?
California, United States of America
What is the test for a plaintiff to appeal against a finding of misconduct against a prosecutor in a criminal case?
California, United States of America
What is the test for revocation of parole under the Parole Act?
MultiRegion, United States of America
What is the test for good faith in a claim of false imprisonment?
Ontario, Canada
What is the test for a jury to find a plaintiff in a civil case?
California, United States of America
What is the legal test to apply for a mobility restriction order?
Alberta, Canada
What is the burden of proving that an error in sentencing a defendant to life in prison for attempted murder was harmless?
California, United States of America
Can a defendant be discharged from probation after his probationary term has expired?
California, United States of America
Does a trial court have the power to exercise discretion in determining whether to grant relief to a plaintiff in a civil case?
California, United States of America
What is the impact of media coverage of a sexual assault case on the jury?
California, United States of America
Does s. 173.1 of the BC Strata Plan Act, which bars a strata corporation from bringing a representative action until after the limitation period has expired?
British Columbia, Canada
Does the principle of "buyer beware" generally apply to home sales?
British Columbia, Canada
What is the test used to determine whether a plaintiff has information of circumstances sufficient to put a reasonable person on inquiry?
California, United States of America
What are the factors used by the courts to assess the best interests of the child?
Ontario, Canada
Does the phrase "operated for profit" mean that a property or its owner was operated for the purpose of making a profit?
California, United States of America
Can a defendant be found guilty of aiding and abetting a crime?
MultiRegion, United States of America
What is the test for the purpose of compensating the recipient spouse for her sacrifices made by the other spouse in assuming primary household responsibilities?
British Columbia, Canada
What is the test for a claim of ineffective assistance on appeal?
California, United States of America
What is the test for establishing a prima facie case of disparate treatment?
MultiRegion, United States of America
Can an owner only communication through mail to the strata’s property manager?
British Columbia, Canada
What is the difference between a draft warrant and an actual warrant?
MultiRegion, United States of America
What is the test to determine whether a law or governmental action violates the equal protection guarantee?
California, United States of America
What is the effect of a finding of fact on appeal?
Saskatchewan, Canada
What is the test for a murder by means of lying in wait?
California, United States of America
What is the standard of review for a motion to suppress evidence obtained from an improper search and seizure?
California, United States of America
Can a defendant be convicted of conspiracy if the only alleged coconspirator is a federal agent or informant?
MultiRegion, United States of America
Does extradition to the United States infringe mobility rights pursuant to s. 6 of the Charter of Rights and Freedoms?
British Columbia, Canada
Is a jury's instruction in a felony murder case sufficient to grant a motion of habeas corpus relief?
MultiRegion, United States of America
Is there any case law where an applicant has abandoned a claim at a settlement conference to bring the case closer to settlement?
Ontario, Canada
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed?
California, United States of America
In what circumstances will a court set aside an improvident domestic agreement?
Ontario, Canada
What is the test for error in a drug possession charge?
California, United States of America
What is the leading case on equitable set-off in Canada?
Ontario, Canada
When will a court order joint custody and equal parenting time and residence with the child?
Yukon, Canada
What is the test for admitting evidence of sexual assault in a murder trial?
"New York", United States of America
Is Solano's failure to further discuss his motion to proceed pro se?
California, United States of America
Does Section 2254(d) of the Civil Code apply?
MultiRegion, United States of America
Is the confidentiality of information provided to a plaintiff in a personal injury case protected?
Ontario, Canada
Is a defendant entitled to an ineffective assistance of counsel if his trial attorney failed to object to the prosecution's statement of intent to pervert the course of justice?
California, United States of America
What is the burden of proving a defendant's mental state of implied malice or conscious disregard?
California, United States of America
What is a driver’s duty to ensure safety and care while reversing?
British Columbia, Canada
What stage of the tumour would have been in mid-October, 1999?
Newfoundland and Labrador, Canada
What is the purpose of the two subsections of the Corporations Act?
Canada (Federal), Canada
What is the test for appeal against findings of fact?
British Columbia, Canada
Can a defense counsel be ineffective for not asking the victim on cross-examination if she had committed sexual assault?
California, United States of America
What is the test for granting probation to a defendant who has previously been convicted of a similar crime?
California, United States of America
What is the test for section 7 of the Canadian Civil Code on a claim of liberty and security of the person?
Canada (Federal), Canada
What is the current state of the law in relation to Bemore's case?
MultiRegion, United States of America
Is there a moot case or moot case?
British Columbia, Canada
Does a plaintiff have a duty to mitigate their losses by taking steps such as closing a business and closing a bank?
British Columbia, Canada
What is the test for the validity of consent to search?
California, United States of America
What is the test for determining whether a defendant would be an unreasonable risk of danger to public safety?
California, United States of America
What is the test for designation of a beneficiary when a beneficiary dies?
Ontario, Canada
What is the law on the duty of looking after his legal rights and of calling the judge's attention to any infringement of his rights?
California, United States of America
What is the effect of using the soubriquets of 'mobster' and 'member of a criminal gang' on a police investigation?
California, United States of America
In reviewing a denial of a motion to dismiss an indictment, what are the findings of fact and conclusions of law de novo?
MultiRegion, United States of America
Is a post-judgment motion for attorney's fees still pending before the district court?
MultiRegion, United States of America
Does a record of a criminal case need to include a summary of all the evidence available to the prosecution under section 33 of the Extradition Act?
British Columbia, Canada
What is the test for a de novo review of a marital settlement agreement?
California, United States of America
What is the test for reasonable suspicion of criminal activity under the Fourth Amendment?
California, United States of America
Is the debt load of the parties a factor in determining the outcome of a personal injury case?
Ontario, Canada
Is there an exception to the general rule of nonliability when a landowner fails to warn an independent contractor about a hazardous condition on their property?
California, United States of America
Does Counsel's failure to file a pre-plea recusal motion constitute ineffective assistance of counsel?
California, United States of America
What is the test for a party to be released from a conditional release?
Ontario, Canada
Does Section 654 of the California Criminal Code require multiple punishments for a single act or indivisible course of conduct?
California, United States of America
What is the test for determining whether there is sufficient evidence to support the specific intent prong of a finding of criminal intent?
California, United States of America
What is the impact of the Serrano III case on attorney's fees on the substantial benefit theory?
California, United States of America
Can a bankruptcy court abuse its legal standard or its findings of fact?
federal, United States of America
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction?
MultiRegion, United States of America
Does exclusion of a witness in discovery require exclusion of the witness?
California, United States of America
Is there any case law where defense counsel made a closing argument?
MultiRegion, United States of America
What is the test for care or control of a vehicle in a motor vehicle case?
Manitoba, Canada
Is there any legal error or error in requiring a party to act under a requirement four in a murder case?
California, United States of America
What is the legal test for an accomplice in a criminal case?
California, United States of America
Can appointed counsel file an opening brief in a personal injury case?
California, United States of America
What is the test for rejecting an offer under Rule 9-1?
British Columbia, Canada
On appeal, what is the test for determining whether a pretrial identification procedure was unduly suggestive?
California, United States of America
Is a conviction for possession of burglary tools a misdemeanor or a criminal offence?
California, United States of America
What is the effect of the due process clause on a defendant's right to counsel?
MultiRegion, United States of America
Does section 473(b) of the California Statutory Code of Civil Procedure apply to "value" in the context of forgery?
California, United States of America
What is the current state of the law on withholding deportation of people who failed to establish eligibility for asylum?
MultiRegion, United States of America
Is there any case law where a defendant was convicted during the commission of a crime, but was subsequently resentenced after the crime was committed?
California, United States of America
Does the Fifth Amendment have to be interpreted as an obligation or otherwise?
MultiRegion, United States of America
What is the test for determining a claim of false imprisonment?
British Columbia, Canada
What jurisdiction does the Court have in denying a motion to unseal or seal documents?
MultiRegion, United States of America
What is the test for opinion testimony in medical malpractice cases?
California, United States of America
What are the precepts of a judge's discretion in sentencing?
California, United States of America
What is the effect of disclosing the identity of a confidential informant?
California, United States of America
Is it possible to amend the nature of a plaintiff's lawsuit by adding new unrelated claims in her amended complaint?
MultiRegion, United States of America
What is the test for determining whether a plaintiff has made out a prima facie case?
California, United States of America
Does the admission of prior convictions at trial violate the double jeopardy clause?
MultiRegion, United States of America
How will the Court of Appeal review a finding of judicial misconduct for abuse of power?
California, United States of America
Is reasonable cause a reasonable cause?
California, United States of America
Does the term "injured person" under section 3333.4 of the California Highway Code apply to plaintiffs who have not been injured by the accident?
California, United States of America
What is the appropriate remedy for a sex offender who is convicted of a sexual assault?
California, United States of America
What are the relevant factors for granting an extension of time under s. 25 of the Rules of Appeal?
British Columbia, Canada
What is the test for a disability discrimination claim?
California, United States of America
Does the statute of limitations apply to subsequent possessors who have acquired the stolen article?
California, United States of America
Can a motion to withdraw a plea of abuse of discretion be reviewed?
MultiRegion, United States of America
What is the applicable standard for conditions of confinement claims brought by detainees who have not been convicted of a crime?
MultiRegion, United States of America
What is the test for dispensed with?
British Columbia, Canada
What are the costs and attorney's fees awarded to plaintiff at trial and on appeal?
California, United States of America
Does a plaintiff have an equitable cause of action to enjoin an action under the APA?
MultiRegion, United States of America
Can a bank obtain attorney fees on appeal?
California, United States of America
What is the test for a motion to reopen an application for an abuse of discretion denial?
MultiRegion, United States of America
Does the comment that defendant would have been a candidate for probation had he admitted this crime have to be interpreted as a reference to false testimony at trial?
California, United States of America
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party?
California, United States of America
What is the test for determining whether a prosecution exercised peremptory challenges in a racially discriminatory manner?
MultiRegion, United States of America
What is the law on unanimity instruction in criminal cases where there is evidence that more than one crime occurred?
California, United States of America
