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 constitutes "cruel and unusual punishment" under section 1983 of the Criminal Code for beating, kicking and choking an inmate?
MultiRegion, 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
What is the effect of the BIA on a motion of habeas corpus granted by the federal district court?
MultiRegion, United States of America
Does a contractual relationship or fiduciary relationship need to be established before liability for negligent misrepresentation can be found?
California, United States of America
Does section 407 of the Criminal Code apply only to breaches of the public peace?
California, United States of America
Is there an attempt to enforce regulatory change gazetted on September 20, 1941 with respect to conduct occurring since August 2, 1941?
Prince Edward Island, Canada
What is the current state of the law on the burden of proving a suspect without a warrant?
California, United States of America
What is the test for striking a prior conviction for abuse of abuse of the law?
California, United States of America
What is the test for reducing murder to voluntary manslaughter?
California, United States of America
What is the effect of erroneous admission of evidence in a criminal case?
California, United States of America
Is a defense counsel incompetent for failure to raise the defense of entrapment?
California, United States of America
What is the test for sua sponte dismissal of a frivolous action?
MultiRegion, United States of America
What is the obligation of a broker to perform services and the right of the principal to rescind because of the broker's failure?
California, United States of America
Does the fact that a would-be bank robber's sister-in-law has the keys to the vault preclude him from a reduction?
MultiRegion, United States of America
Is an offer effective if it includes costs fixed at a sum certain?
British Columbia, Canada
Can a property owner be held liable for failing to disclose to the purchaser that he had a water issue with his property?
Saskatchewan, Canada
What is the current state of the law on the duty of a police officer to intervene when their colleague violates the constitutional rights of a suspect or other citizen?
MultiRegion, United States of America
What is the test for instructing a jury to consider whether to convict a defendant of a lesser-included offence in a civil case?
MultiRegion, United States of America
Is insufficient evidence sufficient to overturn a jury's verdict?
MultiRegion, United States of America
What is the test for a motion to reclassify an action or proceeding?
California, United States of America
Can a preliminary injunction be issued to prevent a breach of contract?
California, United States of America
Is a person’s income imputing income for under-employment justified?
British Columbia, Canada
Does Section 654, subdivision (a) of the California Criminal Code allow a defendant to be convicted of a single physical act?
California, United States of America
What is the standard of care required by a doctor to treat a patient who is suffering from multiple sclerosis?
Ontario, Canada
What is the test for a motion to dismiss a charge of possession of a prohibited substance in a drug case?
MultiRegion, United States of America
What is the test for an allegation of false representation or concealment of a material fact?
California, United States of America
What is the test for establishing that a defendant was being medicated involuntarily during a mental health proceeding?
California, United States of America
What is the difference between possession with intent to distribute and possession of a drug?
MultiRegion, United States of America
Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case?
British Columbia, Canada
What is the proper legal test for malicious prosecution for negligence against members of the public?
Ontario, Canada
What is the standard of review for the sufficiency of the evidence claim?
California, United States of America
Does the Attorney General have discretion to grant asylum to "refugees"?
MultiRegion, United States of America
How have the courts dealt with an individual's addiction to painkillers?
British Columbia, Canada
What are the elements for professional negligence in medical practice cases?
MultiRegion, United States of America
Does the court's comments regarding the electorate's feelings about the three strikes law amount to an abuse of discretion?
California, United States of America
What is the persuasive value of a complainant's claim that she was sexually assaulted by the respondent?
British Columbia, Canada
Is there any case law or precedent for apportioning attorney's fees between defendants?
MultiRegion, United States of America
What is the test to determine whether deprivation is sufficiently serious under the Eighth Amendment?
MultiRegion, United States of America
What is the cause of death for spruces that were transplanted from a single spruce into a rock formation in 2014?
British Columbia, Canada
Is there any abuse of privacy or abuse of power in this case?
MultiRegion, United States of America
What is the test for equitable tolling of the statute of limitation period?
MultiRegion, United States of America
Can intent be considered as part of the risk analysis in a motor vehicle accident case?
Alberta, Canada
What is a Defendant's obligation to file a supplemental brief in an appeal?
California, United States of America
If a habeas petitioner has not been presented to the state's highest court of appeal, can he continue to pursue his claim in state court?
MultiRegion, United States of America
What is the difference between a substantive rule and a general policy statement?
MultiRegion, United States of America
What is the test for a judicial review of an injunction issued by the California Superior Court?
California, United States of America
Can a witness invoke privilege to refuse to answer all relevant questions?
California, United States of America
What is the federal government's role in determining whether a body of water is navigable for purposes of title?
MultiRegion, United States of America
How does the doctrine of primary jurisdiction apply in the context of an action brought by the Federal Trade Commission?
MultiRegion, United States of America
Does a party have a duty to clarify or amplify language in an instruction?
California, United States of America
How have courts interpreted privacy provisions in the past?
California, United States of America
How have courts dealt with the issue of search and seizure of weapons in cases involving minor traffic violations and a minor traffic violation?
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
What factors must the reviewing court consider in determining whether a decision is final or subject to appeal?
Alberta, Canada
Is a police officer's conduct in ordering a passenger out of a car without license plates reasonable?
California, United States of America
What is the test for admitting or excluding relevant evidence in a sexual assault case?
California, United States of America
What authorities have been used to impose constructive trust on the Common Plaintiff?
British Columbia, Canada
What is the burden of proof for a petition pursuant to section 1170.18 of the California Civil Code?
California, United States of America
Does the fact that defendant was handcuffed and escorted across the street to the sheriff's office after being detained in an unauthorised detention constitute an illegal arrest?
California, United States of America
What is the third and final element of a criminal charge for the attempted murder of a man by a member of a street gang?
California, United States of America
What is the state of the law on waiver?
MultiRegion, United States of America
On appeal from an adverse judgment, what is the effect of the adverse judgment on the issue of liability?
California, United States of America
What is the test for certification of common issues?
British Columbia, Canada
What is the test for reducing the period of parole ineligibility under section 745.61 of the Criminal Code?
Ontario, Canada
What is the effect of redactions to statements by the police officer who gave evidence to a jury in a civil case?
California, United States of America
Does a prosecutor have to comment on the state of the evidence or on the failure of the defense to introduce material evidence or call logical witnesses?
California, United States of America
Can an employer or its carrier force an employer to delay or deny an employee's claim for medical expenses?
California, United States of America
Is there any case law where a Defendant objected to the publication of a Defendant's medical records?
California, United States of America
What is the impact of a defendant's out-of-court discussions with other defendants?
California, United States of America
Does a judge have standing to appeal an order approving fees?
British Columbia, Canada
How have courts interpreted testimony by a defendant's wife during the guilt phase of a murder trial?
California, United States of America
What is the current state of the law around the admission of autopsy photographs?
California, United States of America
Does a claimant have to prove every element of s. 15(1) of the Employment and Human Rights Code?
Ontario, Canada
In what circumstances will a mortgagee be able to collect a deficiency from a sale of the mortgaged property?
Alberta, Canada
What is the test for inference in favour of plaintiff in a motor vehicle accident case?
California, United States of America
Can a landlord who fails to prove an unlawful detainer claim for possession of a building and damages for loss of possession and loss of rental income?
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 difference between her substance abuse limitations and her limited use limitations?
MultiRegion, United States of America
Is misconduct for an attorney to appeal to the sympathy of the jury?
California, United States of America
What is the standard of review for unconscionability?
California, United States of America
What is the test for determining whether a defendant's actions were a proximate or legal cause of death in a motor vehicle accident?
California, United States of America
What are the findings of an independent review of the record?
California, United States of America
What is the length of a time summary outlining time entry statements?
Nova Scotia, Canada
What is the burden of production for a union?
MultiRegion, United States of America
Does the term "firearm" need to be defined in the instructions of a jury?
MultiRegion, United States of America
Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter?
Ontario, Canada
Is a spousal support order valid?
British Columbia, Canada
In what circumstances will a defendant be punished separately for each criminal offence committed at the same time?
California, United States of America
What is the impact of a spouse's contribution to her husband's career on his post-separation earnings?
Ontario, Canada
In what circumstances will police officers be entitled to believe a purchase and sale transaction occurred between the suspects?
California, United States of America
Is a defendant obligated to demurrer to an information that incorrectly stated the crime of continuous sexual abuse of J. could have occurred?
California, United States of America
How have the courts interpreted the terms of a trust agreement where a life-tenant was ordered to repay his trust fund to his executors?
"New York", United States of America
What is the test for appointing a new attorney in a personal injury action?
California, United States of America
What is the current state of the law on unreasonable search and seizure?
MultiRegion, United States of America
In a personal injury action, can appellant appeal against a finding that cross-admissibility of evidence was not abused?
California, United States of America
What is the standard of review for giving jury instructions in a personal injury case?
California, United States of America
What is the difference between a determinate-term and indeterminate term sentence for a murder conviction?
California, United States of America
In a medical malpractice action against Medtronic, in what circumstances will punitive damages be awarded?
Ontario, Canada
Does the trial court erred in failing to instruct the jury on the definition of primary caregiver?
California, United States of America
What is the minimum standard under s. 8 of the Charter for a search and seizure?
Saskatchewan, Canada
Is defendant's possession of a loaded firearm sufficient to permit a jury to view his possession as an implied threat of violence?
California, United States of America
What is the test for statutory classification of a disability?
California, United States of America
What constitutes separate and divisible acts within the meaning of section 654 of the California Criminal Code?
California, United States of America
What is the effect of the Registrar's decision on an application?
British Columbia, Canada
What is the test for determining the appropriate standard of bail for a defendant in a criminal case?
MultiRegion, United States of America
Does the word "innocence" or "innocent" constitute the burden of establishing a defendant's innocence?
California, United States of America
What is the difference between admissibility and the sufficiency of the proof of past medical expenses?
California, United States of America
Is a city's offer of judgment limited to the amount of reasonable attorney fees already accrued?
MultiRegion, United States of America
Under what procedural safeguards under the Miranda Miranda, or otherwise, does a suspect have to be warned that he has a right to remain silent, that any statement he makes may be used as evidence against him?
California, United States of America
Does a district court have jurisdiction to award attorneys' fees to the appellate court?
MultiRegion, United States of America
Can a defendant relieve his attorney?
California, United States of America
Is an appropriative right a kind of real property for at least some purposes?
California, United States of America
What is the current state of the law in the context of sexual assault cases?
California, United States of America
What is the case law relating to the application for Canadian Minister of Citizenship and Immigration?
Canada (Federal), Canada
In what circumstances will a defendant be able to challenge his conviction and sentence if he failed to obtain a certificate of probable cause?
California, United States of America
Is there a right to a jury trial in the case for malicious prosecution?
MultiRegion, United States of America
What is the test for revocation of a probationer's probation?
California, United States of America
What is the test for establishing that a criminal charge has a corpus delicti?
California, United States of America
What is the test for a motion to strike a cause of action against a person in furtherance of their right of petition or free speech?
California, United States of America
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment?
Saskatchewan, Canada
How have the federal sentencing guidelines been interpreted and interpreted in the context of a criminal matter?
MultiRegion, United States of America
Is there a medical deliberate indifference claim?
MultiRegion, United States of America
Is Rule 36 limited to a term of court limitation?
MultiRegion, United States of America
Is a pro se prisoner's court filing deemed filed at the time he delivers it to the prison authorities for forwarding to the court clerk?
MultiRegion, United States of America
In what circumstances will a defendant be found guilty of manufacturing methamphetamine even if he did not know that methamphetamine was being manufactured?
California, United States of America
What is the test for a finding of premeditation and deliberation in a murder case?
California, United States of America
How has the presumption in Section 174 of the Criminal Code been interpreted in federal cases?
MultiRegion, United States of America
What are the elements of malicious prosecution?
Nova Scotia, Canada
Does a defendant have a right to cross-examine the witnesses at trial?
California, United States of America
What is the scope of disclosure from an expert's file?
Ontario, Canada
What is the burden of proof in a custody case?
California, United States of America
Is a trade-mark or trade-name used in the advertising of a competitor’s services available in Canada?
Canada (Federal), Canada
What is the test for supervised access?
British Columbia, Canada
What is the test for a Charter remedy?
British Columbia, Canada
What is the standard of review for a defendant to challenge the sufficiency of the evidence?
California, United States of America
What happens when the parties file contradictory affidavits?
Ontario, Canada
Does a plaintiff have been debarred from succeeding in an action for breach of statutory duty on the ground of contributory negligence?
Saskatchewan, Canada
What is the difference between the credibility of the witness and the judge?
Ontario, Canada
What is the test for determining whether a defendant can plead guilty to a lesser charge of sexual assault?
California, United States of America
What is the test for reasonableness of class counsel fees?
Ontario, Canada
Is bad faith damages awarded against a city employee who was terminated while she was on sick leave?
Ontario, Canada
What is the test for an administrative tribunal’s ability to set its own rules?
Canada (Federal), Canada
Can a motor vehicle driver who is travelling at 110 kilometres per hour in a 90 kilometre per hour zone cause a collision with a moose?
British Columbia, Canada
What is the test for admissibility of evidence of sexual assault in a civil trial?
California, United States of America
Can an accomplice be found guilty of murder if the assault results in the murder of another person?
California, United States of America
What is the duty owed by a mortgagee to a mortgagor?
Alberta, Canada
When is a governmental agency liable for the payment of interest on a loan?
California, United States of America
Is dependent adult abuse a felony rather than a misdemeanor?
California, United States of America
Can a adjudicator hear evidence that attacks the basis for a 24-hour prohibition issued on November 14, 2015?
British Columbia, Canada
Is Respondent to Respondent's Second Counterclaim a cause of action for attorneys fees?
"New York", United States of America
What is the test for reasonable suspicion of criminal activity in a stop and detention proceeding?
California, United States of America
Can prospective jurors who strongly oppose the death penalty be excluded from the trial?
California, United States of America
What is the test for admitting expert opinion at the gatekeeping stage?
Ontario, Canada
What is the test for recovery for economic hardship arising from the breakdown of a marriage?
Ontario, Canada
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment?
MultiRegion, United States of America
Does a judge have to orally communicate to a defendant with specific terms and conditions in a sentencing memorandum?
California, United States of America
If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge?
MultiRegion, United States of America
Can the entire indictment be read to the jury during the government's opening statement?
MultiRegion, United States of America
What is the current state of the law in relation to misrepresentations made to third parties?
MultiRegion, United States of America
In what circumstances will a court delay its inquiry into allegations of misconduct until after the announcement of the verdict?
California, United States of America
What is the test for a jury to convict a defendant of first degree murder?
California, United States of America
When will a prospective juror's hearing impairment preclude him from serving as a juror?
"New York", United States of America
What is the test for a claim that the evidence is insufficient to support a conviction?
California, United States of America
What is the test for revoking a beneficiary designation?
British Columbia, Canada
What is the test for qualified immunity in the context of search and seizure?
MultiRegion, United States of America
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule?
California, United States of America
Is an arrest warrant an instrumentality in pleading?
California, United States of America
What is the test for obtaining an autopsy report in a criminal investigation and prosecution?
California, United States of America
Does a court have jurisdiction to take judicial notice of undisputed geographical facts?
MultiRegion, United States of America
What factors will the BCSC consider when assessing credibility?
British Columbia, Canada
Is a clause in a real estate contract requiring the buyer to obtain a loan sufficient to satisfy the buyer's obligations?
California, United States of America
Does counsel's failure to conduct a psychological background and background investigation violate the standard of reasonableness?
MultiRegion, United States of America
Does a youthful offender have to remain on remand pending his youthful offender parole hearing?
California, United States of America
What is the impact of objective factors on determining the intent of a party in a claim?
British Columbia, Canada
What is the test for "undue prejudice" under section 352 of the California Civil Code?
California, United States of America
What is the test for a plaintiff to claim damages for injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the effect of a notice of appeal against a conviction for possession of a firearm while on probation?
California, United States of America
What is the test for the absence of evidence on a material point?
Ontario, Canada
Is a clerical error in the abstract of judgment for determinate sentences in a criminal case sufficient to be corrected on appeal?
California, United States of America
What is the effect of a district court's denial of leave to amend for abuse of power?
MultiRegion, United States of America
What is the standing test for a motion to suppress a search and seizure?
"New York", United States of America
Can a witness be called to give their names at an examination for discovery?
British Columbia, Canada
Does Section 1252(g) of the Immigration Code apply to claims of discrimination in the context of deportation proceedings?
MultiRegion, United States of America
What is the test for a defendant to succeed on a claim of ineffective assistance of counsel in a civil case?
California, United States of America
What is the test for taking care of the housekeeping and maintaining the property for a spouse?
Alberta, Canada
How should the jury consider an expert's testimony?
California, United States of America
Does a Plaintiff have to provide information regarding exhaustion of administrative remedies?
MultiRegion, United States of America
Does an employer have a duty to inquire about the health of an employee?
British Columbia, Canada
In a reply brief to the Court of Appeal on appeal, what are the substantive issues raised in the reply brief?
MultiRegion, United States of America
What is the test for whether a crime is a lesser included offense of another?
California, United States of America
What is the test for recovery for negligence?
Manitoba, Canada
Is exploiting fear enough to constitute a criminal offence?
MultiRegion, United States of America
What is the test for a jury to acquit a defendant in a sexual assault case?
California, United States of America
Does the Sixth Amendment right to counsel extend to federal habeas corpus actions by state prisoners?
MultiRegion, United States of America
Does the word "conspiracy" need to be used in the context of a civil conspiracy?
California, United States of America
Is there a reasonable cause of action for discrimination?
Manitoba, Canada
Can a summary trial procedure apply to soft tissue injuries?
Alberta, Canada
What is the test for a person to be found guilty of manslaughter for killing in imperfect defense of others?
California, United States of America
Is a defendant who knows the purpose of the crime a "aider and abettor"?
California, United States of America
What is the test for a plaintiff to be entitled to attorneys' fees?
MultiRegion, United States of America
