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 an agent be held liable in negligence or breach of fiduciary duty for failing to warn an insured of the limitations of the policy?
British Columbia, Canada
When will a court award attorney's fees to the Port of San Francisco?
California, United States of America
Is Section 543 of the Criminal Code an independent statutory authorization for the appointment of an attorney to assist the Attorney General?
MultiRegion, United States of America
What is the difference between loss of jurisdiction over the person and over the offence?
Canada (Federal), Canada
Is a judge required to recuse himself for nonextrajudicial reasons?
MultiRegion, United States of America
How have the courts treated expert testimony in medical malpractice cases?
"New York", United States of America
Can a federal court order a state to conform to federal law?
MultiRegion, United States of America
In what circumstances will a newly discovered alibi witness be treated as a suspect?
MultiRegion, United States of America
What is the test for cross-examining a party who has petitioned for a restraining order?
California, United States of America
What factors will be considered when reviewing a school report?
Alberta, Canada
What is the test for a plaintiff to claim for loss of earning capacity?
British Columbia, Canada
Does the Wade-Gilbert Rule apply to lineups after indictment?
California, United States of America
Does a misjoinder constitute a waiver under Federal Rule of Criminal Procedure 8(b)?
MultiRegion, United States of America
Does a defendant have a right of confrontation or right to cross-examination?
California, United States of America
What is the case law on "substantive reasonableness review"?
MultiRegion, United States of America
What is the burden of demonstrating inadequacy of representation in a motion for environmental protection?
MultiRegion, United States of America
How have courts dealt with the issue of possession of stolen property and restitution awards?
California, United States of America
Can a judge modify a preliminary injunction?
MultiRegion, United States of America
Does the exclusionary rule apply to probation revocation proceedings?
California, United States of America
Can a client sue an attorney for malpractice arising from the representation in which the client was represented?
California, United States of America
What is the test for severance in a personal injury action?
British Columbia, Canada
What is the test for a motion to review the entire record in a personal injury case?
California, United States of America
Can a judge's two contract theory be supported in law?
British Columbia, Canada
When will a court order that the results of an independent review be considered to be sufficient before a trial has begun?
MultiRegion, United States of America
What is a "disabled" for purposes of entitlement to disability benefits?
MultiRegion, United States of America
What is the standard of review in the context of Prednisone treatment?
MultiRegion, United States of America
What is the thin skull rule in tort law?
British Columbia, Canada
Is a failure to exhaust an affirmative defense an affirmative defence?
MultiRegion, United States of America
What are the factors used to determine the state of mind of a plaintiff in a claim for environmental damages?
California, United States of America
What is the test for a court to determine who should be given access to classified information?
MultiRegion, United States of America
What is the test for consenting to a search?
MultiRegion, United States of America
Does a defendant who takes property for the purpose of claiming a reward have the requisite intent to permanently deprive?
California, United States of America
What is the test for making out a prima facie case of extreme hardship?
MultiRegion, United States of America
What is the standard of correctness of a review?
British Columbia, Canada
Is there sufficient evidence to convict a defendant of the murder and assault of a man who was stabbed to death by a gang member?
California, United States of America
What is the duty of care owed by a defendant motorist to a pedestrian?
British Columbia, Canada
Can a defendant be held liable as a direct perpetrator or an aider and abettor for murder?
California, United States of America
Can a juvenile court after a hearing transfer a case for criminal prosecution to adult criminal prosecution?
MultiRegion, United States of America
When assessing the fairness of a common law agreement in its operation in terms of child and spousal support and property division, how is the agreement calculated?
British Columbia, Canada
What is the test for admissibility of evidence in a personal injury case?
California, United States of America
What is the test for overturning a judge’s decision?
Canada (Federal), Canada
What is the statute of limitations on a claim for wrongful imprisonment?
MultiRegion, United States of America
Can a defendant enter a plea of guilty to a capital felony over counsel's objection?
California, United States of America
What is the test for imputing income from a party who is intentionally unemployed or underemployed?
Ontario, Canada
What is the test for good faith in a relocation application?
British Columbia, Canada
In what circumstances will a federal court refuse to admit or exclude expert testimony?
MultiRegion, United States of America
How have courts interpreted the duty of a professional in the context of disability benefits application?
MultiRegion, United States of America
What is the fair argument standard of review for a statutory exemption?
California, United States of America
Does the Court of Appeal have any authority to interfere with the exercise of a trial judge in custody matters?
Ontario, Canada
Is a plaintiff's claim relating to Concorde's Early Patents to be dismissed as disclosing no reasonable cause of action?
British Columbia, Canada
What is the test for procedural fairness in the context of legislation being considered in the House of Representatives?
British Columbia, Canada
What are the costs of a judicial review?
British Columbia, Canada
What is the evidence against defendant in a civil case for misappropriation of funds?
California, United States of America
What is the test for a jury to convict a defendant beyond a reasonable doubt?
California, United States of America
In what circumstances will an administrative tribunal exceed its jurisdiction?
British Columbia, Canada
If a general plan amendment is a legislative function, does there need to be a finding to amend it?
California, United States of America
How does the Court of Appeal review the findings and judgment in a personal injury action?
California, United States of America
What is the difference between a plaintiff and a defendant in a medical malpractice case?
British Columbia, Canada
Is a defendant's conflict of interest with the public defender's office sufficient to compel the appointment of substitute counsel?
California, United States of America
Is Rule 24(1) of the Rules of Civil Procedure applicable in determining costs of a claim against a party who is successful in a claim?
Ontario, Canada
Can a spouse who believes that community property has not been adjudicated in a prior dissolution proceeding bring a separate civil action?
California, United States of America
Is a waiver of the statute of limitations valid in a "tolling agreement" between the parties?
California, United States of America
Is a written report admissible under the hearsay rule?
California, United States of America
What is the effect of Section 654 of the Criminal Code on a defendant's sentence?
California, United States of America
What is the test for a jury to determine whether a defendant acted based on mixed motives?
California, United States of America
In what circumstances have the courts found that a search for weapons was conducted in a "pat down" or "search for weapons" without consent?
California, United States of America
Can a defendant be found guilty on the grounds that he knew that the guns he received were stolen?
California, United States of America
What is the test for an application under Rule 19(24)?
British Columbia, Canada
Can a defendant raise his substantial rights on appeal?
California, United States of America
What is the test for "motive" in a criminal case?
California, United States of America
What is the impact of a court's decision to admit expert testimony for abuse of abuse of power?
California, United States of America
Is a jury's failure to instruct on physical concealment prejudicial?
California, United States of America
Can the product of a wrongful search be used in a federal prosecution?
California, United States of America
What is the law applying to the breach of obligations under matrimonial agreements?
British Columbia, Canada
Does a bargaining order need to be issued against Triumph Curing Center?
MultiRegion, United States of America
What is the test for establishing a commercial relationship between a party and party?
Ontario, Canada
What is the test for informed consent in a medical malpractice case?
California, United States of America
What is the current state of the law on pension modifications?
Manitoba, Canada
What is the test for a warrant to search a vehicle of a parolee?
California, United States of America
What is the test for appeal against a finding of guilty on the basis of circumstantial evidence?
British Columbia, Canada
Is there a material change in circumstances?
British Columbia, Canada
What is the test for an abuse-of-the-writ claim in a habeas petition?
MultiRegion, United States of America
Can a reasonable excuse arise on a charge under s. 235(2)?
Saskatchewan, Canada
Is there any case law supporting a finding of multiple criminal objectives independent of each other?
California, United States of America
How have the courts treated a motion for a continuance in the opening brief?
California, United States of America
Is it improper for a judge to vouch for the credibility of a witness?
California, United States of America
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement?
British Columbia, Canada
What is the test for revocation of a formal settlement offer?
British Columbia, Canada
What is the effect of the Rule 1399 of the Social Security Rule on refuelling benefits claims?
MultiRegion, United States of America
Is D.W. W. W the right to search his sock during the search?
California, United States of America
What is the test for a motor vehicle theft charge?
MultiRegion, United States of America
Is there a mandatory procedure for a trial court to arrive at a determination of cause of action?
California, United States of America
Is there any case law in which a defendant has been convicted on multiple counts of wire fraud?
California, United States of America
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act?
Saskatchewan, Canada
Can a prosecutor be admonished for failing to respond to defense counsel's evidentiary objections?
California, United States of America
Does the trial court have to expressly find that a probationer has the ability to pay restitution before probation can be revoked for failure to do so?
California, United States of America
In assessing the sufficiency of the evidence, how does the court assess the evidence?
California, United States of America
Does a tenant have a right to a prior notice and hearing to claim entitlement to a disability benefit?
MultiRegion, United States of America
Does the Court have a responsibility to intervene in a punitive damage case?
California, United States of America
What are the relevant factors in determining whether a suspect waives his right to leave the interview?
California, United States of America
In what circumstances will a jury find a defendant guilty of an attempted by threat of force to induce withholding testimony from a witness?
California, United States of America
Is it a federal error that crime requires general not specific intent rather than specific intent?
California, United States of America
What is the test for a federal court to review a motion in a civil case?
MultiRegion, United States of America
How have the courts treated a Rule 17(b) request for a court-ordered subpoena?
MultiRegion, United States of America
What is the test for determining the applicable limitation period under a statute of limitation?
Alberta, Canada
In what circumstances will a marriage contract be set aside?
Ontario, Canada
How have courts treated constitutional questions such as whether certain restrictions create a severe burden on an individual's First Amendment rights?
MultiRegion, United States of America
What is the test for possession of phencyclidine under the Controlled Substitute Act?
California, United States of America
Does a solicitor have authority to accept a settlement?
Ontario, Canada
In what circumstances will a defendant in a murder case give a statement that he stabbed a fellow inmate in the yard?
California, United States of America
What is the burden of proof in a case involving the imputing of income?
Ontario, Canada
What is the test for re-examining evidence in a sexual assault case?
California, United States of America
What is the test for a search or seizure under the Fourth Amendment?
California, United States of America
What is the test for obtaining a warrant to search a property at a different address?
Manitoba, Canada
Is the Attorney General a party to a judicial review?
British Columbia, Canada
Is a stop based upon suspicion short of probable cause permissible in this circumstance?
MultiRegion, United States of America
What is the test for granting probation to a defendant who has pleaded guilty to a charge of assault under section 17 and 1203 of the California Penal Code?
California, United States of America
What is the test for using the word "primary" in the context of a criminal investigation?
California, United States of America
What is the cause of action in relation to demand promissory notes?
British Columbia, Canada
What are the principles used to interpret a right of way?
New Brunswick, Canada
What constitutes misconduct in a trial when a defendant's counsel makes disparaging remarks to the defense counsel?
California, United States of America
Does the exclusionary rule apply to suppress evidence?
California, United States of America
Can intention to adopt a new domicile exist when a person moves to a new location?
Alberta, Canada
On an application for a stay of proceedings pending the s. 257 determination, is the court still able to exercise its discretion?
British Columbia, Canada
What is the materiality inquiry required for a defendant to show good cause in an affidavit seeking evidence of police misconduct?
California, United States of America
What is the test for determining whether a contract is ambiguous or uncertain?
California, United States of America
Is a crack in the windshield reasonable cause to stop a vehicle?
California, United States of America
What is the test for a private attorney representing a defendant in a criminal case?
California, United States of America
What is the test for a defendant to be held liable for the unlawful killing of a pedestrian by a police officer?
California, United States of America
Does a judge have the power to set aside a judgment against defendants on equitable grounds?
California, United States of America
What is the duty of a municipality to keep its roads in a reasonably safe condition?
British Columbia, Canada
Is the City the wrong party to respond to allegations of police misconduct?
British Columbia, Canada
What is the credibility of a juror in a civil case?
California, United States of America
What is the test for a change in the terms of a marriage contract?
British Columbia, Canada
Is failure to receive notice of entry of judgment or order an excuse for an untimely appeal?
federal, United States of America
Does the doctrine of tribal sovereign immunity need to be reconsidered?
MultiRegion, United States of America
What is the standard for awarding attorneys' fees for abuse of discretion?
MultiRegion, United States of America
What is the test for a claim of ineffective assistance on appeal?
California, United States of America
What is the effect of an in-trust claim in a slip-and-fall case?
British Columbia, Canada
In what circumstances have courts imputed income to a father where the father failed to produce medical evidence to support his claim that he was unable to work because of health problems?
Nova Scotia, Canada
What are the elements of a claim for damages for misrepresentation and constructive fraud?
California, United States of America
What is the test for summary discharge of a registered nursing assistant?
Saskatchewan, Canada
What is the test for determining whether a witness implicates a defendant was an accomplice?
California, United States of America
What is the current state of the law on notice of deficiency in a complaint?
MultiRegion, United States of America
Can a court summon a witness at a custody hearing?
Ontario, Canada
What is the test for a search to be reasonable?
Alberta, Canada
What is the meaning of the phrase "prosecuting witness"?
California, United States of America
What is the test for excusing a prospective juror from a death penalty trial?
California, United States of America
What is the test for "exigent circumstances" in the context of police actions?
California, United States of America
What is the test for determining whether a business purpose is sufficiently compelling to override discrimination?
MultiRegion, United States of America
In what circumstances will the court award custody of the children of a broken marriage to the mother?
British Columbia, Canada
Does the Fourteenth Amendment protect a right to education?
MultiRegion, United States of America
Can a witness testify as to statements made to that witness by someone else?
Ontario, Canada
If a member of the parole board is granted immunity from prosecution in a criminal case, what is the effect of that immunity?
MultiRegion, United States of America
What is the test for admissible third-party evidence?
California, United States of America
What is the test for an appeal against a finding that a defendant failed to obtain a certificate of probable cause to appeal?
California, United States of America
What is the test for determining the appropriate amount of restitution under section 1202.4 of the California Criminal Code?
California, United States of America
Is an attorney retained for litigation or to represent a party in the course of the transaction?
MultiRegion, United States of America
In what circumstances will a judge refuse leave on the grounds that the application is not in the public interest?
Alberta, Canada
What is the burden of proving ineffective assistance of trial counsel?
California, United States of America
Is there a right to indemnification under Section 877.6 of the California Local Government Code?
California, United States of America
What is the test for dismissing an indictment for illegal reentry?
MultiRegion, United States of America
How has the Supreme Court in BC dealt with the issue of condominiums?
British Columbia, Canada
What is the test for permanent pain in a motor vehicle accident?
Ontario, Canada
In what circumstances will a jury agree that the appellant was guilty of receiving stolen property?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
In what circumstances will a court accept an offer to withdraw an objection to a motion to dismiss a charge of aggravated assault?
California, United States of America
What are the elements of a motion requiring a jury to determine whether a motion is valid or invalid?
California, United States of America
Is there any case law that supports a motion to appoint a litigation guardian on an ex parte basis?
Ontario, Canada
What is the test for a change in a spousal support order?
Ontario, Canada
What is the current state of the law with respect to counsel's tactical decisions?
California, United States of America
What is the relationship between the parties?
British Columbia, Canada
What is the testatrix's reason for unequal distribution of the estate?
British Columbia, Canada
What is the test for admitting statements that may not be admitted in a criminal trial?
MultiRegion, United States of America
What is the standard of correctness of a determination by an administrative body that it has jurisdiction under its enabling statute?
British Columbia, Canada
What are some of the most common instruction manuals available to the Court of Appeal?
Canada (Federal), Canada
What is the standard of review for a motion for a new trial?
California, United States of America
What is the test for allowing a defendant to present a defense?
California, United States of America
Does the limitation period apply to an action for declaratory relief?
California, United States of America
What is the test for a defendant to successfully appeal against a Rule 11 error?
MultiRegion, United States of America
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer?
British Columbia, Canada
What binds a federal court sitting in habeas corpus?
MultiRegion, United States of America
What is the test for abuse of discretion in denying discovery of settlement negotiations?
MultiRegion, United States of America
What is the test for just compensation in the context of a claim for damages arising out of a breach of contract?
"New York", United States of America
What are the grounds for a preliminary objection to a Petition to void an election?
Newfoundland and Labrador, Canada
Does the Attorney General have the authority to transfer substances between schedules?
MultiRegion, United States of America
What is the test for submitting or considering a crime as a lesser included offense of a crime for which a defendant has been indicted?
"New York", United States of America
Does a defendant have to notify the prosecution of an alibi before the prosecution can obtain discovery evidence relating to that alibi?
California, United States of America
Is a promissory note payable at 14.25% per annum until paid?
Saskatchewan, Canada
What is the cause of action for criminal conversation with a wife?
Saskatchewan, Canada
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders?
British Columbia, Canada
In what circumstances will a judge grant special costs in a personal injury case where she found that relevant records were not disclosed at a very early stage of the litigation?
British Columbia, Canada
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
Is a plea of detrimental reliance valid in a valid plea of negligent misrepresentation?
British Columbia, Canada
What is the test for identifying a person in a medical malpractice case?
California, United States of America
What is the burden of ineffective assistance of counsel?
California, United States of America
What is the test for the defence in a sexual assault case?
Alberta, Canada
What is the appropriate sentence for a man convicted of manslaughter in the second degree and criminal possession of a weapon in the third degree?
"New York", United States of America
Can a plaintiff's expert witness be excluded from a new trial date?
California, United States of America
Can a jury consider unadjudicated criminal activity as an aggravating factor in a death penalty case?
California, United States of America
