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.
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice?
MultiRegion, United States of America
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)?
California, United States of America
Does a plaintiff have to pay for surgery at a private clinic for shoulder surgery?
British Columbia, Canada
What is the test for consent to search?
California, United States of America
Does an arresting officer need to establish that the accused has no defence to the charge of assault before making an arrest?
British Columbia, Canada
Does Local Bankruptcy Rule 9017-1 have any relation to Civil Rule 37(c) sanctions?
MultiRegion, United States of America
How is denial of a petition pursuant to Code of Civil Procedure section 237 reviewed?
California, United States of America
What is the test for determining the amount of spousal support awarded on appeal?
California, United States of America
When will a court refuse to release a grand jury minutes to defense counsel?
"New York", United States of America
What is the test for a plaintiff to bring a claim in nuisance?
Ontario, Canada
What is the current state of the law on strict liability in cases like Rylands v Fletcher?
Ontario, Canada
What is the test for a motion to suppress evidence seized after a warrantless search?
California, United States of America
How have courts interpreted a joint will where a husband and wife's joint will agreement to leave everything to a specific person?
California, United States of America
Can a prison official be held liable under Section 1983 of the Eighth Amendment for failing to provide adequate medical care to an inmate?
MultiRegion, United States of America
How has Section 1983 been interpreted in medical malpractice cases?
MultiRegion, United States of America
What is the test for a driver to be convicted of dangerous driving?
Saskatchewan, Canada
Does a buyers' attorney misrepresentate the price his clients paid for the shopping centre?
California, United States of America
What is the reasonableness standard of review in judicial review?
British Columbia, Canada
In what circumstances will the court overturn a conviction for possession of a small amount of marijuana?
California, United States of America
Can a police officer prevent or delay an investigation into allegations that a group of teenagers were engaging in illegal activity?
California, United States of America
What is the test for determining the scope of a person's legal duty to care in the context of a motor vehicle accident?
California, United States of America
What is the test for a jury's interpretation of an instruction in an attempted murder case?
California, United States of America
How has the court considered control and access to the area in question in determining whether the public had access and invited to use the area on the private property for parking purposes?
Ontario, Canada
When will a judge order counsel to provide counsel with special interrogatories on the alternative theory of contractual liability?
MultiRegion, United States of America
What are the consequences of a plea agreement where a defendant pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the test for a motion for judgment on a plaintiff's pleading?
California, United States of America
Can a defendant receive a separate sentence for unlawful acts committed at different times for different amounts of money against different victims?
California, United States of America
What is the difference between section 28(f) of the California Constitution and section 667 of the Penal Code?
California, United States of America
What is the presumption of fairness when a settlement is reached in a personal injury case?
California, United States of America
Does Saunders v Vautier apply to the case of a modern pension plan?
Canada (Federal), Canada
What is the criteria to make out a breach of the Rules of Practice under s. 38(4)(b)(iii) of the BC Attorney General's Act?
British Columbia, Canada
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed?
MultiRegion, United States of America
What is the test for excusing a juror for good cause?
MultiRegion, United States of America
Does Section 186.22(b)(1) of the California Criminal Code prohibit "promoting, furthering, or assisting" a member of the Lopers gang?
California, United States of America
To what extent can a search warrant be used in inventory searches?
MultiRegion, United States of America
What is the test for establishing that a party has a genuine issue of material fact?
MultiRegion, United States of America
In what circumstances will a non-Métis member of the public be allowed to register to vote in an election?
Alberta, Canada
What is the test for dismissing a motion to dismiss the allegation of a third strike?
California, United States of America
What is the standard of review on a decision of a master?
Alberta, Canada
What is the test for imperfect self-defense?
California, United States of America
Is the state liable to pay interest on a claim for damages brought by a plaintiff against the state?
"New York", United States of America
What is the test for defamation in a public forum?
California, United States of America
Can a real estate agent be held liable for breach of fiduciary duty to his or her client?
California, United States of America
What is the test to determine whether a plaintiff has a valid claim to be able to continue to sue for damages?
MultiRegion, United States of America
What is the test for a claim for possession of a house in the name of the deceased?
California, United States of America
Can a defendant be convicted of multiple crimes arising from a single act?
California, United States of America
Is there any case law where a witness testified that they were not a police witness?
"New York", United States of America
Is a petition for review timely filed?
MultiRegion, United States of America
Can a mortgagor redeem after a final order?
Saskatchewan, Canada
Can a solicitor be held to a settlement agreement?
Ontario, Canada
Is there any case law or case law that would have changed the disposition of a defendant in a civil case?
California, United States of America
What is the scope of the court's discretion in deciding whether to dismiss the testimony of an informant in an impeachment trial?
California, United States of America
What is the test for determining whether a defendant is entitled to the independent review of the evidence provided by the courts?
California, United States of America
Can a pregnant woman sue her unborn child?
British Columbia, Canada
What is the test for a parent to have respect for their children?
British Columbia, Canada
Is there any case law where a prosecutor committed misconduct under state law by deceptive or reprehensible methods?
California, United States of America
What is the effect of long-term illness on spousal support?
British Columbia, Canada
What is the presumptive disposition of a client's bank account?
Ontario, Canada
What is the test for determining whether a plaintiff has, as a matter of law, voluntarily assumed the risk of a known and appreciated danger?
California, United States of America
What are the implications of Section 109 of the Bankruptcy Code on eligibility determinations?
federal, United States of America
What is the requirement that a third party action has been concluded?
California, United States of America
Can discoverability be a factor in granting summary judgment?
Yukon, Canada
What is the test for an application to stay a motion for a stay of execution?
Canada (Federal), Canada
In what circumstances will a defendant be charged with forgery and identity theft?
California, United States of America
What is the burden of discovery in an administrative mandamus proceeding?
California, United States of America
What is the legal test for an appellant to overturn a conviction for an attempted robbery and an attempted burglary?
California, United States of America
When will the statute of limitations run out for a plaintiff?
California, United States of America
Does a jury have to rely on a felony-murder theory in determining that a motorcyclist caused death by careless driving?
California, United States of America
What are the Miranda rights of an accused in a criminal case?
California, United States of America
Is a search for a "seizable" item in a house unlawful as a general search?
MultiRegion, United States of America
What is the test for a motion for a mistrial?
California, United States of America
Does a defendant have liability to a police informant for the sale of methylamine under section 1118.1?
California, United States of America
What is the current state of the law on admitting evidence of criminal gang membership?
California, United States of America
What is sufficient reason to appoint a lawyer to represent a plaintiff at trial?
British Columbia, Canada
What is the test for remand in a criminal case where a defendant's sentence was based on an incorrect assessment of his criminal record?
California, United States of America
What is the test for reasonableness?
Ontario, Canada
Is a defendant's past criminal record admissible at trial?
California, United States of America
What is the test for impeaching credibility of a witness?
Alberta, Canada
Does requiring an arrestee to expose only his or her undergarments tend to lead to a strip search?
MultiRegion, United States of America
What is the test for a challenge to the jurisdiction of an arbitrator?
British Columbia, Canada
Does the Attorney General have an obligation to produce a full transcript of a hearing where the transcript is inconsistent or incomplete?
California, United States of America
What is the test for deliberate excess of power?
British Columbia, Canada
Does a defendant have a cognizable right to seek allocution at the penalty phase of a capital trial?
California, United States of America
Is the exclusionary rule interpreted in the federal courts?
California, United States of America
What is the test for an award of attorney's fees under Government Code section 800?
California, United States of America
What is the procedure for a person who has completed their sentence for a crime reduced by Proposition 47?
California, United States of America
What are the elements of intimidation in the context of a civil case?
British Columbia, Canada
What is the law on the tort of malicious prosecution?
Manitoba, Canada
Does an employee need to take at least 15 depositions?
California, United States of America
What is the effect of a petition that does not include the text of the affected ordinance?
California, United States of America
What is the current state of the law on liability for injuries sustained by a seated passenger on a bus?
British Columbia, Canada
How have the courts treated evidence of a prior conviction for driving under the influence in a motor vehicle case?
California, United States of America
What is the test for dismissing one or more strikes 3?
California, United States of America
What are the legal tests for determining whether a person can be found guilty of a criminal offence?
British Columbia, Canada
Does Officer Camacho violate Doe's Miranda right by subjecting him to continued custodial interrogation after he wrote "no" beside question No. 9?
MultiRegion, United States of America
What is the test for battery and what is the burden of proving consent?
Manitoba, Canada
In what circumstances will the Attorney General find that defendant waived the right to have a supplemental brief arguing that the death qualification process is unconstitutional?
California, United States of America
What is the test for quantifying non-pecuniary losses?
British Columbia, Canada
What is the effect of minutes of settlement or a settlement agreement containing an express prohibition against a child changing their name?
Ontario, Canada
Is there any case law where a union and the complainant are privies?
Canada (Federal), Canada
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase?
California, United States of America
Does a defendant have the right to appeal against his unlawful sentence?
California, United States of America
Is there a duty to inform the jury that they must follow the law?
California, United States of America
What is the limitation period for prosecution under section 801.5 of the California Criminal Code?
California, United States of America
What is the pecuniary loss that might be embraced by a claim for loss of love, care, guidance, and companionship?
British Columbia, Canada
What is the current state of the law in BC with respect to civility and good faith?
British Columbia, Canada
Is a finding of probable cause reviewable de novo?
MultiRegion, United States of America
Does section 1203.06 of the California Criminal Code bar a defendant from pleading guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
Does section 1101, subdivision (b) of the California Criminal Code allow for the introduction of an uncharged act for the purpose of establishing intent and motive?
California, United States of America
What is the impact of having a child separated from his biological parent?
Manitoba, Canada
What changes have been made to section 67 of the Criminal Code of Canada?
British Columbia, Canada
What is the test for determining whether a debtor has been declared bankrupt by the bankruptcy court?
federal, United States of America
In what circumstances will a trial judge refuse to award double costs to a successful plaintiff?
British Columbia, Canada
What is the test for receiving a stolen motor vehicle?
California, United States of America
What is the difference between fraudulent misrepresentation and tort of deceit?
Alberta, Canada
Does a husband have to pay support on additional draws of capital from his post-separation income for Guideline purposes?
British Columbia, Canada
Does a prosecutor's argument that it is "easy" to vote for the death penalty diminish the individual responsibility of the jury?
California, United States of America
In what circumstances will a defendant receive an enhancement to his sentence for pleading guilty to a charge of residential burglary?
California, United States of America
What is the test for unlawful possession of methamphetamine?
California, United States of America
Can a claim for psychological injury be assessed on an aggregate basis?
Ontario, Canada
What are the findings of the review department in the Scott Matter?
California, United States of America
What is the test for a motion to suppress an order denying the motion?
MultiRegion, United States of America
Is a defendant required to pay probation-related costs under section 1203.1b of the Ontario Criminal Code?
California, United States of America
What is the test for serious bodily injury under section 243 of the California Civil Code?
California, United States of America
What is the effect of ambiguous jury instructions in a prosecution for mail and wire fraud?
MultiRegion, United States of America
What is the test for blanket concerns about delay in appointing an attorney?
California, United States of America
What is the appropriate sentence for a defendant who pleaded guilty to a charge of recklessly causing grievous bodily harm against a witness?
MultiRegion, United States of America
Can a section of the Statutory Code of Civil Procedure be interpreted with respect to the meaning of the statute itself?
MultiRegion, United States of America
What is the scope of liberty under s. 7 of the Charter?
Alberta, Canada
What is the legal test for completing a third level of review?
California, United States of America
When a discretionary sentencing decision on appeal is made for the first time on appeal, is it subject to appellate review?
California, United States of America
Is Johnsen wrong to instruct the jury on the reasonable doubt standard in the context of third party culpability?
California, United States of America
What is the limitation period for a person to be found guilty of sexual assault?
California, United States of America
What is the basis for a finding of possession of stolen goods in the trunk of a car?
California, United States of America
Can a motion to extend a time limit set by an order that was made in accordance with the time limit established by the two statutes?
Canada (Federal), Canada
Can a defendant be convicted of second degree implied malice murder based on indirect aider and abettor theory?
California, United States of America
Is there any case law where evidence of criminal gang membership was sufficient to support the testimony of witnesses who identified defendants as participants in the crimes?
California, United States of America
When will a plaintiff's loss be determined as a result of the actions of Lindt & Spruengli?
British Columbia, Canada
What is the test for reversal of a finding that a criminal offence has been committed?
MultiRegion, United States of America
In what circumstances will a family law firm be able to conduct litigation in secret?
Ontario, Canada
What is the test for a warrant to search a person's home without a warrant?
California, United States of America
What is the legal test for a claim of insufficiency of evidence in a criminal case?
California, United States of America
What is the current state of the law on appeal of a claim that has been denied whole?
MultiRegion, United States of America
What is the test for extending the time for filing a counterclaim after the time has expired?
British Columbia, Canada
What is the definition of the publication element of a defamation claim?
MultiRegion, United States of America
What is the test for determining whether a defendant should be on probation rather than in prison?
California, United States of America
Does a federal court have to review the voluntariness of a confession?
MultiRegion, United States of America
On appeal challenging the sufficiency of circumstantial evidence, does the court re-examine a witness's credibility?
California, United States of America
Does the jury need to consider whether the prosecutor's belated disclosure of the existence of brain tissue is prejudiced?
California, United States of America
How have the courts interpreted the word "competent" in an instruction to a jury at a personal injury trial?
California, United States of America
Is a court's determination that an inmate poses an unreasonable risk of danger to public safety for an abuse of discretion?
California, United States of America
How have the courts interpreted the findings of a federal district court in the case of Carter v McCarthy?
MultiRegion, United States of America
What is the test for an amendment to a statement of claim?
Nova Scotia, Canada
What is the role of the trial judge in determining a jury's verdict in a motion of appeal?
British Columbia, Canada
In what circumstances will solicitors be liable to beneficiaries who, as a result of their negligence, have failed to receive the benefit intended by the testator?
British Columbia, Canada
When will a court order restitution for a victim of a crime as a condition of probation?
California, United States of America
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties?
Alberta, Canada
Is Earl's claim that he suppressed his confession to the murder because he was not read the Miranda rights provided by the police?
MultiRegion, United States of America
In what circumstances will a solicitor be in a relationship with an opposing party?
British Columbia, Canada
What is the definition of "insult"?
Canada (Federal), Canada
Is a magistrate entitled to consider the evidence presented to the court by witnesses who identified appellant with the alleged crime?
MultiRegion, United States of America
In a domestic violence case, in what circumstances will the court allow a defendant to be found guilty of domestic violence?
California, United States of America
What is the government's burden of pleading that a petitioner abused the writ of habeas?
MultiRegion, United States of America
What is the state of the law in the context of errors, errors and omissions?
California, United States of America
What is the legal test for a review of a recommendation of a disciplinary board?
California, United States of America
What is the test for giving a defendant an opportunity to present a complete defense in a criminal case?
California, United States of America
Does Section 654, subdivision (a) of the California Criminal Code bar multiple punishment for a single act that violates more than one criminal statute?
California, United States of America
How have courts dealt with allegations that a car was stolen from a parking area?
California, United States of America
What is the test for "abuse of discretion" on appeal?
California, United States of America
Does an accomplice have to be liable for the actions of their accomplices?
California, United States of America
What is the impact of a police officer's reputation as a major narcotics dealer on an investigative stop?
MultiRegion, United States of America
Does defendant have the burden of proving that the same day service is proper?
California, United States of America
What is the test for committal in a criminal case?
Ontario, Canada
What is the current state of the law on the presumption of undue influence?
British Columbia, Canada
What is the basis for a motion to suppress statements from a defendant in a civil case?
MultiRegion, United States of America
Is a defendant entitled to stipulate that he is a convicted felon?
California, United States of America
Can a trial court apportion liability for attorney fees among non-prevailing parties?
California, United States of America
What is the test for an interim mobility motion?
Ontario, Canada
What is the importance of obtaining a death penalty assurance for surrender?
British Columbia, Canada
Can a municipality's policy of requiring its employees to be trained to be qualified to act as a police community support officer violate their constitutional rights?
MultiRegion, United States of America
Can Rule 20 considerations be applied to a first step analysis of a rule 49.09 motion?
Ontario, Canada
What is the test for a motion to strike in a personal injury case?
California, United States of America
Is restoration of property a defense to an embezzlement charge?
California, United States of America
What is the test for a plaintiff to plead and prove actual innocence and exoneration of a crime of which he was convicted?
California, United States of America
What is the test for determining whether a husband is entitled to alimony and child support?
California, United States of America
What is the role of a parent in protecting a child from harm?
Ontario, Canada
Is a defendant entitled to credit for time served under section 2900.5 of the California Probation Code?
California, United States of America
What are the elements of a fraudulent misrepresentation?
California, United States of America
What is the test for preliminary approval of a subdivision?
British Columbia, Canada
What is the test for admissible evidence in a promissory note case?
Nova Scotia, Canada
Does a spouse's relationship with the other spouse affect the presumption of resulting trust in the transferor and the transferee?
British Columbia, Canada
What is the standard for deferential review of findings and inferences of fact?
British Columbia, Canada
Is a defendant's expressed intention to escape or engage in nonconforming conduct during trial a factor in determining whether there is a manifest need for shackles?
California, United States of America
Can a police officer search an apartment for persons during an arrest?
British Columbia, Canada
What is the standard of review for a decision under review?
British Columbia, Canada
Is a simple directive to "testify" to an experienced police officer sufficient to impress the witness with the duty to tell the truth?
California, United States of America
How have courts treated comments by a prosecutor to a jury in a civil case?
California, United States of America
What is the test for a jury to find a defendant guilty of voluntary manslaughter?
California, United States of America
Can a party bring their whole case forward at once?
British Columbia, Canada
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code?
California, United States of America
