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 solicitor owe a duty of care to a beneficiary?
Ontario, Canada
What is the test for establishing an adultery charge?
Saskatchewan, Canada
Can a motion for a new trial be denied based on inconsistent testimony?
MultiRegion, United States of America
Does a notice requiring trial by jury have a presumptive right to that mode?
British Columbia, Canada
What is the appellant's burden to provide an adequate record to assess error?
California, United States of America
Is a defense counsel deficient for not raising an objection to a challenged testimony?
California, United States of America
What is the test for an assault with a deadly weapon against a police officer?
California, United States of America
What is the test for maintaining an Eighth Amendment claim based on medical treatment in prison?
MultiRegion, United States of America
What are the damages for mould in a condominium unit?
Nova Scotia, Canada
Is there any evidence to support a claim of sexual favoritism towards female employees?
California, United States of America
Is a convicted burglar who was convicted of a crime pursuant to section 459.59.4(1) of the Criminal Code who appealed against his sentence?
California, United States of America
Does the Attorney General's contention that a plea bargain agreement contains an explicit waiver of the protections of the double jeopardy clause?
California, United States of America
Are expenses that are paid for by a corporation deductible when income flows through the corporation?
British Columbia, Canada
What is the test for an ad hoc trust relationship?
Ontario, Canada
Can a husband bring a constructive trust claim against his wife in a marital dissolution action?
California, United States of America
Does the absence of an independent, non-member of the RCMP to decide appeals of disputes extend to the entire body of the force?
Manitoba, Canada
What are the elements of a conversion claim?
California, United States of America
In what circumstances will the court order costs on a solicitor and client scale?
Ontario, Canada
Can consent be implied from a search of a vehicle's trunk?
California, United States of America
How has the US Supreme Court considered the constitutionality of a section of federal legislation that criminalizes the possession of a gun in furtherance of a drug crime?
MultiRegion, United States of America
What is the test for a stay of sentence under section 654 of the California Penal Code?
California, United States of America
Is a defendant's sentence for a violation of Health and Safety Code section 11352 retroactive?
California, United States of America
What is the appropriate dismissal of a charge of criminal possession of a controlled substance in the seventh degree?
"New York", United States of America
What is the test for "abuse of discretion" in a motion for reduced sentence?
MultiRegion, United States of America
What is the difference between a woman's right to an abortion and the right to postpone it?
California, United States of America
What is the test for abuse of discretion in a motion to dismiss an indictment on double jeopardy grounds?
MultiRegion, United States of America
What is the test for establishing rules of evidence in civil litigation?
MultiRegion, United States of America
What is the test for substituting a plaintiff to a defendant in a motor vehicle accident case?
MultiRegion, United States of America
What is sufficient evidence in a sexual assault case?
California, United States of America
What is the test for determining whether a defendant was commanded to be present at a hearing?
California, United States of America
What is the effect of an arbitration agreement on a personal injury?
California, United States of America
Is there any inalienable right or natural law which might arguably be above the California Constitution?
California, United States of America
Can defendants appeal from order granting an anti-SLAPP motion incognizable due to the length of time?
California, United States of America
Is there any case law where the presumption is that a gift is contingent?
British Columbia, Canada
In what circumstances will a plaintiff be liable for all damages arising from a procedure performed by a medical malpractice surgeon?
California, United States of America
Does a defendant have a right to testify in their own defense?
California, United States of America
Is a reasonable attorney's fee within the meaning of the law?
California, United States of America
How have the courts dealt with a motion to suppress evidence of a videotaped interview with the police?
California, United States of America
What is the test for assessing costs in a personal injury case?
Ontario, Canada
What is the test for proving that an attorney erred?
California, United States of America
Does Section 3C1.1(a) of the Criminal Code apply to threatening or intimidating a witness?
MultiRegion, United States of America
What is the test for reversing a conviction for assault with a deadly weapon?
California, United States of America
How have courts treated the issue of street lighting in cases involving pedestrians?
California, United States of America
In what circumstances will the US Civil Rights Commission be able to investigate the activities of a political opponent?
MultiRegion, United States of America
Can a will be interpreted without any reference to the property upon which the will was made?
California, United States of America
Can a plaintiff claim damages for loss of housekeeping capacity when a member of their family is not available?
British Columbia, Canada
Can an abstract of judgment be amended to reflect the actual sentence imposed by the trial judge?
California, United States of America
What is the test for admonishing a prosecutor in a criminal case against a defendant not to create straw men?
California, United States of America
What is the test for calculating capital asset calculations?
British Columbia, Canada
What are the elements of the tort of intentional infliction of emotional distress?
California, United States of America
What is the test for dismissing a motion for failure to state a claim?
MultiRegion, United States of America
What is the effect of a magistrate’s refusal to hear evidence or argument?
Saskatchewan, Canada
Is there any case law where in camera review is required?
California, United States of America
What is the test for a jury to consider "unduly prejudicial" evidence?
California, United States of America
Does the Kienapple principle apply to professional misconduct allegations against members of a self-regulated profession?
British Columbia, Canada
What is the effect of a ruling preventing the defense from arguing that the government has failed to produce relevant evidence that would be unfavorable to it?
MultiRegion, United States of America
What is the limitation period for the duration of a disability claim?
Alberta, Canada
Can a police report be incorporated as a reference to a motor vehicle accident complaint?
California, United States of America
Is the legal sufficiency of a claim relevant in the second prong of the anti-SLAPP analysis?
California, United States of America
What is the real reason why a husband repudiated a child support agreement?
Ontario, Canada
Is an affidavit obtained from a criminal conviction part of the record of conviction?
California, United States of America
What is the test for a motion for injunctive relief in a medical malpractice case?
MultiRegion, United States of America
Can a jury at a civil trial exclude all uniformed officers from the jury?
California, United States of America
What are the consequences of a defendant's unlawful possession of an assault weapon?
California, United States of America
In what circumstances will the court order that the issue of support be reviewed?
Ontario, Canada
What is the effect of the Double Jeopardy Clause on the sentencing of a defendant who is convicted of a felony murder?
MultiRegion, United States of America
What is the test for adult children asserting a claim under a will?
British Columbia, Canada
What is the authority for reducing spousal support awards within the appropriate range of awards?
British Columbia, Canada
Can a plaintiff bring multiple claims against the same defendant?
MultiRegion, United States of America
Is the evidence of a defendant's prior sexual abuse evidence prejudicial?
California, United States of America
Can the evidence be considered in the light of the evidence in the context of a civil case?
MultiRegion, United States of America
What is the authority for a judgment in a lottery?
Saskatchewan, Canada
What is the test for an affirmative defense in a motor vehicle accident case?
California, United States of America
What is the test for a foreseeable intervening cause in a criminal case?
California, United States of America
What is the test for a primary parent in a child protection case?
Ontario, Canada
What is the effect of a district court's decision not to grant a habeas petition?
MultiRegion, United States of America
Can a defendant waive his right to a jury trial?
California, United States of America
How is a child's post-secondary education cost calculated when the child’s parents contribute towards the total cost?
Nova Scotia, Canada
What is the case law in favour of reducing the workload of a senior executive to a single position?
British Columbia, Canada
What is the test for "well-founded fear of persecution" under section 208 of the Immigration Code?
MultiRegion, United States of America
Can a defendant be convicted of attempted murder when no injury results?
California, United States of America
Does the confrontation clause apply to evidence that was presented at trial?
California, United States of America
Does a defendant need to have both knowledge and specific intent in order to be found guilty of assault?
California, United States of America
Does the opinion rule apply to evidence that is relevant and material?
Ontario, Canada
Does a warrantless search violate the Fourth Amendment?
MultiRegion, United States of America
What remedies are available to a party to a contract where the other party fails to complete the entire contract?
Saskatchewan, Canada
What is the test for a parent who wants to move with their child?
Ontario, Canada
What is the test for exhaustion in a motion for relief in a habeas case?
MultiRegion, United States of America
What is the test for determining who should have custody of a minor?
California, United States of America
What is the test for a state to exercise its police power in a dissolution of a marriage?
California, United States of America
What is the equalization of net family properties when a pension is valued by lump sum?
Canada (Federal), Canada
What is the range of damages for personal injury sustained by a libel action?
Newfoundland and Labrador, Canada
What is the underlying rationale of a judge's unfettered right to re-open a criminal case?
British Columbia, Canada
In what circumstances will next of kin be able to claim a beneficial interest in the estate of a deceased person?
Newfoundland and Labrador, Canada
What is a trier of fact’s discretion to draw an adverse inference?
Alberta, Canada
In what circumstances will the tortfeasor’s insurer and the underinsurance insurer split the costs of the action?
Ontario, Canada
How has section 654 of the California Criminal Code been interpreted and interpreted by courts?
California, United States of America
What is the obligation of a citizen to answer a police question?
Canada (Federal), Canada
What is the test for evidence under Rule 404(b)?
MultiRegion, United States of America
What is sufficient that a treatment that might assist the symptoms but rather than reduce the symptoms?
British Columbia, Canada
What is the test for a request for exclusion from a witness in a civil case?
MultiRegion, United States of America
What constitutes coercion when a search warrant is used to search a motorist's car?
California, United States of America
What is the test for determining whether a purchase agreement is a loan?
MultiRegion, United States of America
Does the so-called "washout" rule apply to nullify a criminal conviction for drug possession that was reduced to a misdemeanor under Proposition 47?
California, United States of America
What is the effect of a denial of a habeas petition?
MultiRegion, United States of America
What is the effect of a continuance tolling the clock on a defendant's right to speedy trial?
MultiRegion, United States of America
Can a plaintiff obtain a personal judgment from the Superior Court of Justice?
Saskatchewan, Canada
Does a judge have immunity from prosecution if they are accused of misconduct or malpractice?
MultiRegion, United States of America
Can a surety recover more from the principal than he actually paid?
British Columbia, Canada
What is the test for a federal court to enjoin a state court proceeding?
MultiRegion, United States of America
What is the test for admitting evidence of sexual assault in a criminal case?
California, United States of America
What is sufficient evidence to convict a defendant of the lesser included charge of voluntary manslaughter?
California, United States of America
What is the test for self-sufficientness?
British Columbia, Canada
What is the duty of a rental car company to not rent a car to a person who appears to be mentally or physically impaired?
California, United States of America
How have courts dealt with nuisance and trespass claims?
California, United States of America
Can a defendant who has been accused of sexual assault deny the allegation if he fails to speak?
California, United States of America
What is the impact of requiring an expert report to be admitted as a matter of course in a medical malpractice case?
British Columbia, Canada
Does the Secretary of Agriculture have the power to fix prices for other commodities?
MultiRegion, United States of America
Is Heyliger permitted to plead not guilty to a charge of failure to exhaust his mental health treatment?
MultiRegion, United States of America
In what circumstances have courts upheld a finding of aiding and abetting in a robbery case?
California, United States of America
What is the test for an application to set aside an interim order?
Saskatchewan, Canada
What is the test for the entrapment defense in the search warrant context?
MultiRegion, United States of America
What are the conditions required for a jury to convict a defendant of murder?
California, United States of America
What is a district judge's duty in connection with a magistrate judge's R&R?
MultiRegion, United States of America
Is a disclosure of information to a government or law enforcement agency pursuant to Section 1102.5 of the California Code?
California, United States of America
What is the test for establishing a nexus between a criminal street gang and the underlying crime?
California, United States of America
What is the substantial evidence standard of review for an appeal from a jury to a nonjury trial?
California, United States of America
What is the burden of setting forth facts sufficient to satisfy the elements of claim preclusion or issue preclusion?
MultiRegion, United States of America
What is the test for a traffic light to search a vehicle in a parking lot?
California, United States of America
What is the test for a finding of guilty beyond a reasonable doubt?
California, United States of America
What is the legal test for overturning a finding of insufficient sufficiency of evidence in a sexual assault case?
California, United States of America
What is the effect of voluntary intoxication on a jury's decision to convict a defendant of three counts of first degree murder?
California, United States of America
Is an inmate's right to access the mail qualified by the circumstance of imprisonment?
MultiRegion, United States of America
What authority does a court have over the admission and exclusion of evidence?
California, United States of America
What is the test for misconduct by a prosecutor in a criminal case?
California, United States of America
What is the test for reversing a judgment in a personal injury case?
California, United States of America
What is the test for responding to an employer's claim of non-discriminatory discrimination?
California, United States of America
Can a prior pleading be referred to to make plaintiff's second amended complaint complete?
MultiRegion, United States of America
Does a court have the power to appoint an expert for the purposes of determining income under Rule 20.1(3)?
Ontario, Canada
What factors must be considered in a medical malpractice case when determining whether a patient is entitled to a full pension as a result of the disclosure provided by the surgeon?
New Brunswick, Canada
Is a failure to state reasons for imposing consecutive sentences for incest and sexual battery for the same offences harmless?
California, United States of America
What is the test for entering a final judgment in a criminal case?
MultiRegion, United States of America
What is the test for the Double Jeopardy clause in the Fifth Amendment?
MultiRegion, United States of America
What is the test for establishing a common design or plan?
California, United States of America
What is the test for a denial of access to the courts?
MultiRegion, United States of America
Is a defendant entitled to a new trial because of prosecutorial misconduct during closing argument?
MultiRegion, United States of America
What is the test for perfect self-defense/defense of others?
California, United States of America
What is the test for establishing that there is a reasonable possibility that a person can be found guilty of a crime in a civil case?
California, United States of America
Can a child pornography offence be punished separately under section 654 of the California Criminal Code?
California, United States of America
What are the grounds for reversal in a motion for adjourning a jury trial?
California, United States of America
What are the hallmarks of a strategic lawsuit against public participation?
Ontario, Canada
What is the impact of a motor vehicle accident on a plaintiff's life?
British Columbia, Canada
What is the standard of care required by a municipality for pedestrians crossing a roadway?
Ontario, Canada
Can a parent change his position on custody from joint to sole at the end of a 20-day trial?
Ontario, Canada
What is the current state of the law regarding conflicting evidence in a sexual assault case?
California, United States of America
What is the standard of review for a challenge to the sufficiency of the evidence?
California, United States of America
What are the implications of the use of the Advisory Guidelines on spousal support?
Ontario, Canada
Is a conviction for simple possession of meth for sale invalid?
California, United States of America
What is the test for striking a pleading on the grounds that it is scandalous, frivolous or vexatious?
Ontario, Canada
What is the test for making a statement within a sufficient time?
California, United States of America
Is reasonable access a violation of equal protection rights?
California, United States of America
Is there an implied warranty in all contracts for work and labour?
British Columbia, Canada
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed?
California, United States of America
What is probable cause and what is the test?
MultiRegion, United States of America
Is the beneficiary of a life insurance policy entitled to the proceeds of the policy to the beneficiary when the beneficiary is innocent of any wrongdoing?
California, United States of America
Is insufficient evidence sufficient to overturn a conviction for sexual assault?
California, United States of America
How has the court interpreted the presumption that an official duty has been regularly performed?
California, United States of America
Can a plaintiff bring a claim under section 52.1 of the California Civil Rights Code against a public official for allegedly interfering with her civil rights?
MultiRegion, United States of America
What is the test for hearsay in a mental health case?
California, United States of America
Is a convicted felon in possession of a firearm and possession of marijuana for sale eligible for resentencing?
California, United States of America
What is the legal test for granting adjournments in a personal injury action?
British Columbia, Canada
In what circumstances will a surety be discharged for failing to appear in court?
California, United States of America
Does a police officer have the authority to order a person step out of their vehicle without drawing his weapon?
California, United States of America
Does the Three Strikes Act apply to a defendant who has been sentenced to a minimum indeterminate life sentence?
California, United States of America
What is the test for reducing the attorney fees of a plaintiff who successfully challenges a discriminatory state action?
California, United States of America
Is there any case law where a defendant has been convicted of a series of crimes against the public while on parole?
California, United States of America
What is the current state of the law on credit splitting?
Canada (Federal), Canada
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof?
California, United States of America
Is there any case law supporting a conviction of premeditated and deliberate attempted murder?
California, United States of America
Is there any difference between the state and federal rules on a Fourth Amendment claim?
MultiRegion, United States of America
What is the effect of special costs on procedural fairness?
British Columbia, Canada
Is a Police Complaint Board (PSB) member allowed to speak out in the presence of a police community support officer?
Ontario, Canada
What is the test for deficient representation in a civil case?
California, United States of America
Can a strata corporation correct a bylaw violation by issuing a new letter to the offending owner?
British Columbia, Canada
What is the current state of the law on changing custody and access orders?
British Columbia, Canada
What is the test for a cause of action of intrusion upon seclusion?
Ontario, Canada
What is the probationary period for a probationary appointee?
"New York", United States of America
What rights does a prisoner have when he is transferred to maximum security?
MultiRegion, United States of America
What is the test for an extension of time?
Canada (Federal), Canada
What is the legal test for adduce evidence in an extradition hearing?
British Columbia, Canada
What is the impact of a mistake made by the Canada Customs and Revenue Agency on the self-assessment process?
Canada (Federal), Canada
Is there any difference between a plaintiff and a defendant in the award of costs under section 40 of the Canadian Personal Injury Act?
Nova Scotia, Canada
What is the burden on a plaintiff to prove that a defect in the complaint can be cured by amendment?
California, United States of America
What is the standard of review for a section 24(2) Charter analysis?
Alberta, Canada
Is the preamble to a contract binding?
Ontario, Canada
What is the "earnings approach" used to determine a plaintiff's income loss?
British Columbia, Canada
What is the proper notice of the date of trial in a personal injury action?
California, United States of America
What is the standard of care in medical malpractice cases?
British Columbia, Canada
Does a driver's failure to maintain his lookout constitute negligence as a matter of law?
California, United States of America
What is the test for a challenge to the sufficiency of evidence in a criminal case?
California, United States of America
