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 a jury be persuaded into reaching a verdict by using language that refers to "conscientiously held doubts" in a jury trial?
MultiRegion, United States of America
Is there a presumption of reasonableness in the context of a motion to dismiss a motion for contempt of court?
MultiRegion, United States of America
In what circumstances will a plaintiff who was hired to paint a house fall from a ladder?
British Columbia, Canada
Can a pension administrator change the joint life beneficiary of a pension post-commencement?
British Columbia, Canada
Does Section 30 of the Rules of Civil Procedure, s.30(1) of the Criminal Code, allow a delay of more than two weeks to complete a hearing?
Saskatchewan, Canada
What is the duty of a spouse to seek employment in a case where a parent is healthy?
Ontario, Canada
In what circumstances will a moneylender be ordered to repay security taken in support of a loan?
British Columbia, Canada
What is the test for determining whether a debtor is liable for trespass during the pre-petition period?
federal, United States of America
What is the effect of filing a Notice of Appeal before the Court of Appeal?
California, United States of America
How have courts interpreted the meaning of the word "blade"?
California, United States of America
Can a strata be held to a standard of perfection when repairing and maintaining common property?
British Columbia, Canada
In what circumstances will a plaintiff be able to call 10 expert witnesses?
British Columbia, Canada
What is the case law professor's experience with the Supreme Court?
British Columbia, Canada
Does a trustee have a duty to provide additional notice to the purchaser of a property that has been put up for sale?
California, United States of America
Is a defendant entitled to a jury trial on the allegation that he has suffered a prior conviction?
MultiRegion, United States of America
Does a defendant have a claim of error for failing to provide a driver's license?
California, United States of America
How have courts dealt with a request for additional discovery for abuse of discretion?
MultiRegion, United States of America
What is the test for unjust enrichment under an ultra vires statute?
Canada (Federal), Canada
What is the test for a private citizen arrest?
Ontario, Canada
How do we review the evidence in the light most favorable to the judgment below?
California, United States of America
Is there a ban on joining wrongful dismissal and defamation claims in the same action?
Nova Scotia, Canada
What is the test for determining whether there is sufficient cause for a preliminary hearing?
California, United States of America
What is the legal definition of “disease of the mind”?
Ontario, Canada
What is the test for determining the admissibility of evidence in a civil case?
California, United States of America
Can a motion for personal injury be granted without a showing of prejudice?
California, United States of America
Is a husband's right to bequeath his family home to his wife and/or her daughter under Section 6.6(1) of the Marriage and Divorce Act?
New Brunswick, Canada
What is the test for admitting statements of co-conspirators against a criminal defendant?
MultiRegion, United States of America
What is the scope of our review of a district court's decision to approve a class action settlement?
MultiRegion, United States of America
What is the test for determining whether there is a cause of action?
British Columbia, Canada
Does a defendant have a right to appeal a final judgment of conviction?
California, United States of America
Does a police officer have authority to stop every car that comes along?
MultiRegion, United States of America
Is it appropriate to convict for multiple counts of the same crime?
California, United States of America
What is the test for dismissing an indictment for failure to comply with the Speedy Trial Act?
MultiRegion, United States of America
Does resistance by force or violence violate section 69 of the California Penal Code?
California, United States of America
Is a tenant entitled to a reduction in the amount owing under the terms of a landlord's contract for failure to provide adequate water and/or heating services?
Saskatchewan, Canada
Does an order of restitution have the effect of treating coconspirators as "victims" and thereby requiring "restitutionary payments" to the perpetrators of the crime?
MultiRegion, United States of America
What is the test for admitting evidence of sexual assault in a sexual assault case?
California, United States of America
What is the effect of section 780 of the California Code of Civil Procedure, section 780, allowing a judge to exercise discretion to exclude collateral evidence?
California, United States of America
How have the courts interpreted the phrase "investigative" yet violative of the Fourth Amendment?
California, United States of America
Is it unreasonable for a plaintiff not to accept an offer to settle their claim before trial has begun?
British Columbia, Canada
What constitutes a plain error in a civil case?
MultiRegion, United States of America
What is the test for foreseeability in a medical malpractice case?
California, United States of America
What are the reasons of the Chief Justice's decision that this appeal against the Court of Appeal should be dismissed?
British Columbia, Canada
What is a constructive amendment to a criminal charge?
MultiRegion, United States of America
What is the test for a "crime of violence" under section 16(b) of the Connecticut Criminal Code?
MultiRegion, United States of America
Does the California Department of Motor Vehicles need an independent review?
California, United States of America
What is the state court adjudication of the ineffective assistance of counsel aspect of claim three?
MultiRegion, United States of America
Does section 2932.5 of the California Real Estate Code apply to a deed of trust?
California, United States of America
What is the test for a common continuing intention?
British Columbia, Canada
What is the legal test for determining fair market value under the Vermont Eminent Domain Code?
MultiRegion, United States of America
Does assisting in the procurement of a fraudulent general power of attorney or advance health care directive lead to intentional infliction of emotional distress?
California, United States of America
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence?
California, United States of America
What is the test for a court to interpret legislation purposively and contextually?
Alberta, Canada
What is the test for reducing a jury award of damages in a personal injury case?
British Columbia, Canada
Does a prosecutor's argumentative comment that "this was all a big misunderstanding" on cross-examination constitute prejudicial misconduct?
California, United States of America
Does the trial court err in finding no Miranda violation?
California, United States of America
Can a defendant withdraw a plea of guilty at any time before judgment?
California, United States of America
How have courts dealt with cases where a customer slips on a wet spot?
California, United States of America
What is the effect of the "Baumgartner instruction" in a motor vehicle accident?
MultiRegion, United States of America
What is the test for a motion to stay a sentence for a man convicted of second degree murder and a charge of attempted robbery?
California, United States of America
What instruction is required by a jury on the charge of possession of cocaine with intent to sell?
California, United States of America
Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful?
Ontario, Canada
What is the test for determining the best interests of the child in custody cases?
British Columbia, Canada
Does the trial judge have the authority to inquire into the alleged error post-discharge?
Canada (Federal), Canada
What is the test for invoking the Due Process Clause?
MultiRegion, United States of America
Does a defendant have forfeited any claim of prejudicial error in a criminal case?
California, United States of America
Does the Fifth Amendment privilege apply to a person who is subject to governmental coercion?
California, United States of America
What is the effect of a lien on the estate of the owner of a building and appurtenance?
Alberta, Canada
Can a defense counsel be found incompetent for failing to request a limiting instruction relating to credibility?
California, United States of America
Does a jury have a duty to instruct the jury on grossly negligent discharge of a firearm?
California, United States of America
What is the test for a claim of trespass against the Respondent for allegedly interfering with the use and enjoyment of the matrimonial property?
British Columbia, Canada
Is it harmless error to decline to instruct the jury respecting factors not listed in the requested instruction?
California, United States of America
What is the test for establishing a prima facie case under Section 727(a)(3) of the Bankruptcy and Insolvency Act?
MultiRegion, United States of America
What is the test for admissibility as evidence of a certificate of marriage issued out of the kingdom of Belgium?
Saskatchewan, Canada
What is the application judge’s approach to an application for a declaration in relation to an agreement of purchase and sale?
Ontario, Canada
In reviewing a denial of a motion to suppress, what is the effect of the denial on the denial to suppress?
California, United States of America
What is the case law on equitable easements?
British Columbia, Canada
What is the current state of the law on joint custody of a two-year-old child?
Ontario, Canada
Does s. 164 of the BC Code of Civil Procedure allow a plaintiff to seek damages as a remedy?
British Columbia, Canada
What is the test for establishing a sufficient causal connection between an act of violence and injury?
MultiRegion, United States of America
Does a federal district court err in failing to provide specific findings of fact supporting its conclusion that there was obstruction of justice?
MultiRegion, United States of America
Does the language of a general public information release need to be interpreted as "inadvertence, accident, mutual mistake or fraud"?
"New York", United States of America
Is there a time limit for appellant to move for correction by the trial court of legal errors in sentencing?
California, United States of America
What is probable cause for arrest?
California, United States of America
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff?
MultiRegion, United States of America
Is a defense counsel's statement to the jury that someone who says, "Go do this, punch him, hit him, shoot him," is an aider and abettor?
California, United States of America
What is the test for determining whether an employee is an employee under the Ontario Compensation Act?
California, United States of America
What principles govern the reopening of a judgment?
Yukon, Canada
Is there any evidence defense counsel's acquiescence to the court's procedure was tactical purpose?
California, United States of America
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code?
California, United States of America
What is the test for an anti-SLAPP motion de novo?
California, United States of America
Can a jury still convict a defendant of sexual penetration of a child even if it concluded that he may not have deliberately penetrated the victim's anus?
California, United States of America
In reviewing the denial of a motion to suppress following an evidentiary hearing, will the finding be erroneous?
MultiRegion, United States of America
What is the test for attorney fees under the California Bill of Rights Act?
California, United States of America
Is a party entitled to attorneys fees for the purpose of invoking Civil Code section 1717?
California, United States of America
How have the courts interpreted the definition of assault?
California, United States of America
What is the standard for a County to affirmatively further review its application for a motion to amend its application?
MultiRegion, United States of America
Is Best civilly liable to Leighton for damages for injuries sustained as a result of a single punch?
Ontario, Canada
Is a landlord who has breached a covenant of quiet enjoyment a violation of the tenant's right to quiet enjoyment?
Ontario, Canada
In what circumstances will the court reject an affidavit alleging that an alleged informer witnessed a drug transaction in a parking lot?
California, United States of America
What is the test for multiple punishments under section 654 of the California Criminal Code?
California, United States of America
Is a plaintiff required to prove causation in a medical malpractice case?
Ontario, Canada
What is the current state of the law around the Fifth Amendment privilege against self-incrimination?
California, United States of America
When will a jury find that a failure to register as a result of misinformation or lack of transportation not "willful"?
California, United States of America
What is the test for finding an aggravating factor in an assault case?
California, United States of America
Is there any case law where a jury was instructed to find that a home was substandard and not a nuisance?
California, United States of America
What is the standard of evidence in a sexual assault case?
California, United States of America
Does a cancellation of an administrative grievance constitute a failure to properly exhaust the remedy?
MultiRegion, United States of America
What is the duty of a solicitor taking instructions for a will?
Manitoba, Canada
What is the definition of a reasonable person?
California, United States of America
What is the test for classification as a "suspect" for a plaintiff in a civil matter?
MultiRegion, United States of America
Is a search made as a matter of military law unconstitutional?
California, United States of America
How have courts treated a motion to reduce a convicted rapist's strike status?
California, United States of America
Is there a legal presumption against suicide?
Ontario, Canada
What is the test for a positive ion scan?
Ontario, Canada
Does a directive or policy have the force of law because it lacks the essential features of a regulation?
British Columbia, Canada
What is the proper remedy for striking a witness's entire testimony on cross-examination?
California, United States of America
Is a condition of probation valid if it requires or prohibits conduct which is not itself criminal?
California, United States of America
In what circumstances will a vendor be held to his contractual right to retain his purchase-money?
Alberta, Canada
What is the legal test for a preliminary issue?
Alberta, Canada
Does the abuse of discretion standard apply in this case?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction?
MultiRegion, United States of America
What is the test for awarding substantial indemnity costs?
Ontario, Canada
What is the test for interpreting the meaning of a statute as a whole?
MultiRegion, United States of America
What is adequate notice to a defendant in a criminal case?
California, United States of America
What is the test for a "compensatory spousal support" award?
Manitoba, Canada
How have courts dealt with multiple convictions arising out of a single act of drunk driving?
California, United States of America
Can a witness's prior statement be inadmissible to support his or her credibility?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Is a jury's failure to consider an element of the charged offense governed by the rule of reversal per se?
California, United States of America
What is the defence of duress?
Nova Scotia, Canada
Can a County Manager be examined for discovery in a motor vehicle accident case?
Ontario, Canada
Can a plaintiff sue the Boy Scouts of America for sexual abuse?
California, United States of America
Is the institution of a personal injury action sufficient notice of rescission?
California, United States of America
What is the test for 'reasonableness' of a pension plan amendment?
California, United States of America
What evidence exists to prove that a statement was not freely given and/or denied on the witness stand?
California, United States of America
Does the writ of prohibition exist as a remedy in a civil case?
California, United States of America
Does a limiting instruction need to be made at trial?
California, United States of America
Does a specific performance of a property need to be granted as a matter of course?
Saskatchewan, Canada
What are the elements of a criminal gang's primary activities?
California, United States of America
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of?
California, United States of America
What is the burden of proving notice of fraud?
MultiRegion, United States of America
In what circumstances has a defendant been convicted of assault after smoking a cigarette laced with PCP?
California, United States of America
What is the legal test for admitting new evidence in a sexual assault case?
Alberta, Canada
Does an inmate subject to disciplinary sanctions that include the loss of good time credits need to receive advance written notice of the charge?
MultiRegion, United States of America
What is the test for a plaintiff to sue a municipality under Section 1983 of the 1983 Local Government Act?
MultiRegion, United States of America
Is there any conflict of interest between counsel and client?
California, United States of America
What is the current state of the law on permissive use of electronic cigarettes?
California, United States of America
What is the burden of proving undue influence in a testamentary case?
California, United States of America
How have the courts dealt with issues on appeal?
California, United States of America
Can a defendant be released on bail upon his own motion?
California, United States of America
What is the test for dismissing a cause of action under section 631.8?
California, United States of America
How does the mailbox rule work?
MultiRegion, United States of America
Can a court award prejudgment interest on a claim for damages arising from a breach of section 1950.5 of the California Civil Code?
California, United States of America
If a party timely objects to any portion of a magistrate judge's report and recommendation, does the court have to make a de novo determination of that portion?
MultiRegion, United States of America
In what circumstances will the police search the vehicle of a suspect who has been arrested for driving under the influence of a narcotic?
California, United States of America
Is a life sentence without the possibility of parole unconstitutional?
California, United States of America
What are the elements of discharge for 'cause' and a formal hearing?
California, United States of America
What is the current state of the law in England and Wales on the issue of personal injury?
Saskatchewan, Canada
Does a federal district court deny a habeas petition de novo?
MultiRegion, United States of America
Can a judge be disqualified if he makes an order continuing a motion to modify the child custody provision of a divorce decree?
California, United States of America
What is entitlement on the basis of compensation, non-compensation, and contractual support?
British Columbia, Canada
What is the test for obtaining interim disbursements in a personal injury case?
Ontario, Canada
What are the consequences of a finding that a jury did not properly instruct the jury on the sodomy charge?
California, United States of America
Can a solicitor be denied professional privilege over communications made in order to get advice for the purpose of carrying out a fraud?
Alberta, Canada
What is the reasonableness standard in the context of a judicial review of an administrative driving prohibition?
British Columbia, Canada
What are the reasons for judgment in the case of Bank of Montreal?
British Columbia, Canada
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act?
British Columbia, Canada
What is the test for denial of treatment?
Prince Edward Island, Canada
What is the test for a claim for "hostile or abusive work environment"?
MultiRegion, United States of America
Does consent to a magistrate judge entitle the parties to a particular magistrate judge?
MultiRegion, United States of America
In what circumstances have the Rules of Civil Procedure been interpreted correctly?
Ontario, Canada
What is the defense of laches?
MultiRegion, United States of America
Can a reprisal complaint be brought against the Ministry of Justice for a statement made in the course of a civil proceeding?
Ontario, Canada
Is a dismissal under Rule 37 a dismissal for abuse of discretion?
MultiRegion, United States of America
Is a confidential recommendation as to sentencing options exempt from disclosure under Rule 32(c)(3)(A)?
MultiRegion, United States of America
What is the test for admissible video evidence in a medical malpractice case?
California, United States of America
What constitutes a "success" in a motion?
Ontario, Canada
What are some cases dealing with the exhaustion of state remedies under the Civil Rights Act?
MultiRegion, United States of America
What is the current state of the law on good faith decisions by a plaintiff to mitigate their loss?
British Columbia, Canada
Is a robbery not completed at the moment the robber obtains possession of the stolen property?
California, United States of America
How did voir dire interpret the prosecution's argument that premeditating a murder is not a crime?
California, United States of America
What is the test for imposing a constructive trust on a defendant in a personal injury case?
Ontario, Canada
Can a disproportionate contribution by one party to a family property be sufficient to meet the threshold test for significant unfairness for dividing excluded property?
British Columbia, Canada
What is the test the Court will apply in determining whether a person can apply for leave of execution?
British Columbia, Canada
What is the purpose of a summary hearing?
Ontario, Canada
What is the impact of Section 7201 of the Criminal Code on a defendant's right to contest his plea of guilty?
MultiRegion, United States of America
What is the legal test for the weight and effect of expert testimony in a criminal trial?
California, United States of America
What are the implications of the Ninth Amendment in the context of civil liberties?
MultiRegion, United States of America
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend?
California, United States of America
Does a traffic stop have more than one purpose?
Ontario, Canada
What is a reasonable hourly rate for a personal injury attorney?
MultiRegion, United States of America
What is the standard of bad faith for a defendant to bring a claim of prosecutorial misconduct against a prosecutor for comments he made to the jury?
California, United States of America
What is the meaning of the term "intention" in the context of a claim?
Ontario, Canada
When will standing issues arise in the context of Aboriginal rights?
British Columbia, Canada
What is the test for a motion to dismiss an action for failure to state a claim?
MultiRegion, United States of America
What is the case law on propensity evidence in a criminal case?
California, United States of America
What is the test for establishing a trade venture?
Ontario, Canada
What is the substantial effect of a criminal statute requiring substantial jurisdiction?
MultiRegion, United States of America
