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 is the test for striking out a motion?
Canada (Federal), Canada
What is the test for establishing fraudulent misrepresentation in a real estate contract?
British Columbia, Canada
What is the test for reversing a jury's finding of insufficient evidence?
California, United States of America
What is the test for assistance of counsel under the Sixth Amendment?
California, United States of America
Can an individual bring an action against the Attorney General for allegedly defrauding customers?
California, United States of America
What is the test for determining the result of a judge's sentencing of a defendant on probation?
California, United States of America
What is the test on appeal for determining if substantial evidence supports a conviction?
California, United States of America
What is the test for instructing the trial court on a self-defense defense?
California, United States of America
What is the current state of the law in the context of the Fifth Amendment?
California, United States of America
Is insufficient evidence sufficient to overturn a conviction for conspiracy to manufacture methamphetamine?
MultiRegion, United States of America
Does independent contractor status apply to an employee?
MultiRegion, United States of America
Can an attorney be disciplined for making false statements in a sworn declaration of candidacy for judicial office?
California, United States of America
What is the range of damages for a plaintiff who failed to receive an injection therapy that had a 50% chance of success?
British Columbia, Canada
What is the current state of the law on the Eighth Amendment, the "narrow proportionality principle" that applies to sentences for non-capital sentences?
California, United States of America
What is the test for credibility of evidence in a medical malpractice case?
California, United States of America
What are the costs of a motion seeking full indemnity special costs?
British Columbia, Canada
Is a preliminary hearing transcript admissible in a new criminal case where there is no specific showing of unavailability of witnesses?
California, United States of America
Is there any prior crime evidence to prove propensity alone?
"New York", United States of America
Does the Attorney General have any grounds to argue that the jury was confused by the fact that rape felony murder requires a specific intent to rape?
California, United States of America
How has Special Instruction No. 1 been interpreted by a jury in a sexual assault case?
California, United States of America
Is a robbery committed in the perpetration of robbery a first degree murder?
California, United States of America
Can a convicted felon be convicted of possessing a firearm under section 466 of the California Penal Code?
California, United States of America
In what circumstances will a defendant be properly charged by complaint with both a felony and a misdemeanor?
California, United States of America
Is there any case law supporting a claim that the trial court acted improperly by instructing the jury to disregard the facts?
California, United States of America
What is the test for acquiring custody rights by operation of law?
British Columbia, Canada
What is the current state of the law on liability in motor vehicle accidents?
Saskatchewan, Canada
How has the court interpreted the "contemporaneous" requirement for a mother to be present at the scene of an explosion?
California, United States of America
What is the test for reducing a defendant's sentence on appeal or habeas corpus?
California, United States of America
Does the San Jose Police Department have access to data extracted from a mobile phone used in a criminal investigation?
California, United States of America
Is there any case law where the evidence in support of a search warrant is based on stale or stale information?
MultiRegion, United States of America
Is estoppel in pais applicable to prevent a fraudulent or inequitable resort to the statute of limitations?
California, United States of America
What is the test for a claim of insanity in a civil case?
MultiRegion, United States of America
How has the waiver doctrine been interpreted in the context of an aggravated assault case?
California, United States of America
What is the CRT's discretion to decide the format of a hearing?
British Columbia, Canada
Can a plaintiff withdraw consent from a third party to use his car?
Ontario, Canada
What is the test for using the doctrine of causation in a motor vehicle accident claim?
British Columbia, Canada
What is the test for determining whether a doctor has failed to disclose to a patient?
Ontario, Canada
What is the test for substantial evidence in a sexual assault case?
California, United States of America
How have courts treated abuse of the term abuse of art?
MultiRegion, United States of America
Is cocaine and oxycodone abuse more addictive than marijuana abuse?
British Columbia, Canada
What is a statutory cause of action for misrepresentations for purchasers who acquire securities on the secondary market?
Ontario, Canada
How have courts reviewed the findings of a magistrate judge?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a motion alleging that petitioner is unlawfully detained as a pretrial detainee?
MultiRegion, United States of America
What is the current state of the law on securities regulation in Canada?
Ontario, Canada
Can provocation reduce first degree murder to second degree murder?
California, United States of America
What is the right of a police officer to search the outer clothing of an armed man in the street?
California, United States of America
Is a failure to instruct a jury on a lesser included sex offense harmless?
California, United States of America
Does a defendant who fails to object on federal constitutional grounds at trial have the right to seek a motion for a mistrial?
California, United States of America
What is the effect of section 1170.18 of the California Penal Code on shoplifting?
California, United States of America
Can an insurance policy be terminated without a written request or delivery of the policy?
Alberta, Canada
What is sufficient evidence to support a conviction for conspiracy to Possess with intent to distribute cocaine?
MultiRegion, United States of America
What is the test for determining whether a sentencing court fully understood and properly exercised its discretion?
California, United States of America
What is the effect of having a personal attorney representing a defendant on an appeal?
California, United States of America
What is the test for determining damages in a motor vehicle accident?
MultiRegion, United States of America
Does the limiting phrase 'which he shall have become liable to pay' apply strictly to 'expenses' to the exclusion of 'liabilities' as the respondent argues?
California, United States of America
What is the effect of mind-altering substances on the inference of a person's subjective mental state from their conduct in a second-degree murder case?
MultiRegion, United States of America
How has the Queen described sexual assault?
Ontario, Canada
What is the burden of establishing each criterion required for an attorney fee award under section 1021.5?
California, United States of America
What is the test for a knowing and voluntary waiver of a right to appeal?
MultiRegion, United States of America
Does the discharge of the trustee and discharge from bankruptcy have an effect on revesting the rights of the debtor?
Saskatchewan, Canada
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method?
British Columbia, Canada
What is the range of damages for personal injury sustained by a libel action?
Newfoundland and Labrador, Canada
What is the appropriate upper term sentence for abuse of mental health care?
California, United States of America
What is the applicable rule for reimbursing a party who uses their separate property for community purposes?
California, United States of America
Can a motion to disqualify a judge be made after a hearing or proceeding?
California, United States of America
What is the test for determining the value of a mixer in a personal injury case?
California, United States of America
Can a defendant use the doctrine of imperfect self-defense in a murder case?
California, United States of America
What is the standard of review to apply in a judicial review?
British Columbia, Canada
Can a judgment against a defendant be executed on January 18, 1996, but no steps have been taken to execute the judgments for 10 years?
British Columbia, Canada
Does the majority of the California Supreme Court have found a Fifth Amendment violation even when the state has not technically "compelled" a defendant to produce their testimonial disclosures?
California, United States of America
Is a voluntary statement admissible as evidence in a sexual assault case?
California, United States of America
What is the test for whether a defendant has reached a "place of temporary safety" in a vehicle accident?
California, United States of America
What is the test for the Charter of Rights to make full answer and defence?
British Columbia, Canada
What are the elements of a civil conspiracy claim?
MultiRegion, United States of America
What is the effect of a Crown Wardhip with no access for the purposes of adoption?
Ontario, Canada
What is the effect of misrepresentation on a deportation order?
Canada (Federal), Canada
What is the test for final judgment in a personal injury case?
MultiRegion, United States of America
What is the testatrix’s "leaving issue” clause in her will?
Saskatchewan, Canada
What is the test for a plaintiff to return to work after a motor vehicle accident?
British Columbia, Canada
Does a defendant have a sua sponte duty to instruct on imperfect self-defense?
California, United States of America
How have the courts treated the qualifications of an on-the-job instructor in a medical malpractice case?
Ontario, Canada
What is the servient driver’s duty?
British Columbia, Canada
Is a criminal defendant entitled to credit against his sentence for his time spent in custody before sentencing?
California, United States of America
Can a defendant be convicted of possessing child pornography with a prior conviction requiring registration as a sex offender?
California, United States of America
What is the test for an expert witness in a mental health case?
California, United States of America
Can a motion to enforce a settlement pursuant to section 664 of the Code of Civil Procedure be reviewed at the Court of Appeal?
California, United States of America
Does the Court have inherent jurisdiction to order lawyers’ accounts to be assessed under the Solicitors Act?
Ontario, Canada
Can a couple who lived in the same house jointly contribute more towards the carrying costs of their jointly owned home?
Ontario, Canada
What is the test for obtaining a visa to enter Canada?
Canada (Federal), Canada
What evidence would have been required to convict a defendant of a prior murder?
California, United States of America
What is the law on the duty of an insurance agent?
New Brunswick, Canada
Does COVID-19 constitute a material change in circumstances such that a new hearing is warranted?
Ontario, Canada
What is the test for detention of a person by the police?
Saskatchewan, Canada
What is the test for establishing a triable issue of material fact?
California, United States of America
What is the test for an allegation that an abuse occurred because of alleged oral copulation of J?
California, United States of America
When pleading bad faith or abuse of power, does it need to set out the facts of the pleading?
Newfoundland and Labrador, Canada
What is the burden of proving that a Page 19 amendment would cure the legal defect?
California, United States of America
What is the test for sentencing a defendant in a sexual assault case?
California, United States of America
In what circumstances will the independent source doctrine apply in a search warrant application?
California, United States of America
Can an affidavit be considered in a search warrant?
California, United States of America
What is the test for dissipation of matrimonial property?
Alberta, Canada
In what circumstances can a party to an application request to redact a section of a document that contains a private but clearly irrelevant information?
British Columbia, Canada
What is the test for a reasonable doubt finding a defendant guilty of a crime?
California, United States of America
What is the quantum of costs awarded in a personal injury action?
Prince Edward Island, Canada
What is the test for inadmissible evidence in a sexual assault case?
California, United States of America
What is the test for attorney's fees in a personal injury case?
California, United States of America
What is prejudicial evidence in a civil case?
California, United States of America
What is the legal test for heat of passion in a murder case?
California, United States of America
What is the test for a plaintiff's claim that adult women are legally inferior beings who can be ordered around like servants?
California, United States of America
What is the test for sufficiency of evidence under section 186.22 of the Criminal Code?
California, United States of America
What is the test for "common design" in a criminal case?
California, United States of America
Is there authority for the application of the res judicata plea in an arbitration?
British Columbia, Canada
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle?
British Columbia, Canada
What is the range of damages for a man who suffered severe swelling in his scrotum as a result of an accident during a procedure for a vasectomy?
British Columbia, Canada
What is the burden of proving an affiant's knowledge of falsity?
California, United States of America
What is the standard of review for findings of fact?
Ontario, Canada
What is the test for buyer beware?
Ontario, Canada
What is the test for a jury to convict a defendant of second-degree murder?
California, United States of America
What are the factors that allowed a father to obtain joint custody?
British Columbia, Canada
What are the elements of a stalking claim?
"New York", United States of America
What is the test for determining that access is not beneficial and meaningful to R?
Ontario, Canada
How does section 2K2.1(b)(5) of the Criminal Code apply in the context of firearms possession cases?
MultiRegion, United States of America
Is a party who chooses to serve as his own attorney entitled to request to vacate any of the orders against him?
California, United States of America
Does section 1157 of the California Criminal Code apply in a felony murder case prosecuted under a felony-murder theory?
California, United States of America
Can a jury be found to have improperly voted in a sexual assault case?
California, United States of America
In what circumstances will the Attorney General be found liable for instructing a jury on a provocative acts murder theory?
MultiRegion, United States of America
What is the standard of appeal when a jury convicted a defendant of sexual assault based solely on circumstantial evidence?
California, United States of America
What is the impact of the First Amendment on a defendant's relationship with his counsel?
MultiRegion, United States of America
Can a person who is a beneficiary of a will who is not a testator be heard to allege that he has no title or any greater title than that of the testator?
Ontario, Canada
What is the test for a search warrant under California Vehicle Code section 22651?
California, United States of America
What is the burden of proof on a propounder of the will?
Ontario, Canada
What is the test for a frivolous or vexatious pleading?
Ontario, Canada
What is the Miranda rule and what are the implications of this?
California, United States of America
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder?
California, United States of America
What is the test for a charge of murder in the first degree when a defendant sets fire to his wife's house with a match?
California, United States of America
What is the test for a defendant to bring a judicial misconduct claim against his trial attorney?
California, United States of America
What is the burden of proving beyond a reasonable doubt that a defendant's prior convictions were for either serious or violent felonies?
California, United States of America
What is the effect of section 12 of the New York State Penal Law on personal injury claims?
"New York", United States of America
What constitutes a misrepresentation in a commercial contract?
British Columbia, Canada
Can an arbitration agreement include an express waiver of a plaintiff's right to a jury trial?
California, United States of America
What is the pleading in a personal injury case?
British Columbia, Canada
How have the courts treated the testimony of the ex-wife in a sexual assault case?
California, United States of America
What is the scope of the appellate court's discretion to grant or withhold relief on an original application?
California, United States of America
What level of jurisdiction does the federal government have to review and approve the Condominium Plan?
Alberta, Canada
How have courts dealt with allegations of error in excluding evidence in a sexual assault case?
California, United States of America
In a custody dispute, can one parent ignore the other's advice about self-isolating?
Ontario, Canada
What is the range for imprisonment in state prison for a crime punishable by a felony under section 23550.5?
California, United States of America
Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so?
British Columbia, Canada
What is the impact of a federal district court's decision not to grant a deportation order for an illegal immigrant who has pleaded guilty to a criminal charge?
MultiRegion, United States of America
Can reliance be had on representations in the disclosure statement even if they do not constitute warranties?
British Columbia, Canada
Does consent in the contractual sense need to be obtained from a jeweller?
Alberta, Canada
Is there any case law where the presumption is to be overborne only by evidence excluding reasonable doubt?
British Columbia, Canada
What is the test for denying a plaintiff's request to change his attorney?
California, United States of America
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason?
Ontario, Canada
What is the test for a retaliation claim under the First Amendment?
MultiRegion, United States of America
Is there any case law supporting a claim of negligence in design and manufacture?
Nova Scotia, Canada
Does a plaintiff have a right to be free to exercise his constitutionally protected right to petition for redress?
MultiRegion, United States of America
What is the test for habeas and civil rights?
MultiRegion, United States of America
What is the test for a strata to prove negligence against an owner who causes damage to its property?
British Columbia, Canada
What are the circumstances in which members of an Aboriginal community block access to logging sites?
British Columbia, Canada
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced?
California, United States of America
What is reasonable notice for employees in their 40s and 50s?
Alberta, Canada
Is Section 5 of the Canadian Criminal Code, or is Section 5 a codification of principles set out by the Supreme Court?
British Columbia, Canada
What is the current state of the law on warrantless entry into a person's home?
California, United States of America
What is the meaning of the term “significantly unfair” in s. 164 of the BC Code of Civil Procedure?
British Columbia, Canada
Is a publication ban justified?
New Brunswick, Canada
In what circumstances will a court remand a class action under the CAFA?
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
Is it unreasonable to ask for assistance from a female police officer to search a car with a minor?
California, United States of America
Does a party's out-of-court statement qualify under the party admissions exception to the hearsay rule?
California, United States of America
What is the test for abuse of discretion?
California, United States of America
Is a court's failure to instruct on corroboration of witness testimony harmless?
California, United States of America
Can a defendant bring a motion to extend the statute of limitation for an allegation of historical sexual abuse dating back to the date of an initial complaint?
California, United States of America
What is the test for admitting evidence of abuse?
California, United States of America
What is the test for a motion to suppress or suppress evidence in a civil case?
California, United States of America
What are the grounds for review of a judge's fact finding on the basis of a trust?
Alberta, Canada
Does Section 654 of the California Criminal Code bar a prosecution for the same act or omission under the same provision of law?
California, United States of America
What is the test for a jury to determine whether a defendant can be found guilty of assault by reason of anger as well as fear?
California, United States of America
What is the test for excluding evidence in a civil case?
California, United States of America
What is the test for determining a defendant's eligibility for resentencing under the Criminal Code Act?
California, United States of America
Does a criminal defendant have a right to be personally present at sentencing and resentencing?
California, United States of America
Is a defendant permitted to appeal the sentencing court's imposition of certain fees at sentencing?
California, United States of America
Can a plaintiff bring a civil action against a doctor employed by the state?
MultiRegion, United States of America
What is the impact of recent changes in circumstances on analysis of the evidence?
Canada (Federal), Canada
Can an employer cancel a contributory pension plan that was due to be paid to an employee as a result of his service?
Saskatchewan, Canada
Does a jury have a sua sponte duty to instruct the jury on involuntary manslaughter?
California, United States of America
What is the impact of a complex medical malpractice claim on the courts?
British Columbia, Canada
How have courts found detention of a defendant insufficiently supported?
California, United States of America
Does attorney-client privilege protect information disclosed by a client to an attorney in order to obtain legal assistance?
MultiRegion, United States of America
What is the test for denying a suppression motion for a search warrant issued during the night?
MultiRegion, United States of America
Does the Attorney General have any case law where a defendant is convicted of assault with a deadly weapon, as well as discharging a firearm at a motor vehicle?
California, United States of America
What is the definition of commercial information?
Saskatchewan, Canada
When will a court determine whether an inmate has been deprived of due process during a disciplinary hearing?
MultiRegion, United States of America
Does a jury have a "complete" verdict in a civil case?
California, United States of America
What is the test for determining whether an error contributed to a verdict in a case?
California, United States of America
Is a fiduciary relationship between parties determined by relationship rather than status or occupation?
British Columbia, Canada
Is a defendant's failure to object to "were they lying" questions forfeited a claim of prosecutorial misconduct?
California, United States of America
Is a police officer who takes advantage of a detainee's lawful restraint and engages in sexual acts for the improper purpose, such as sexual arousal or gratification, unlawfully restrain the detainee?
California, United States of America
What is the rule on division of property accumulated during a man and woman's cohabitation?
California, United States of America
What rights does a police officer have to verify or dispel suspicion?
California, United States of America
