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.
Does a foreclosure of a mortgage or lien under a deed of trust extinguish a leasehold interest?
California, United States of America
Does the doctrine of proximate causation apply to determine whether a victim has suffered bodily harm under the California Domestic Violence Act?
California, United States of America
What is the test for assessing damages for medical malpractice?
British Columbia, Canada
What is the test for determining whether a robbery occurred within the immediate presence of the victim?
California, United States of America
If a business is deemed in law to be carried on in many places, at every location where physical acts are performed to further the business, what are the consequences?
Alberta, Canada
What is the test for a police officer to be wearing a distinctive uniform?
California, United States of America
Can a cross-defendant bring a cause of action based upon speech protected under section 425 of the California Public Prosecutions Act?
California, United States of America
What is the threshold issue for determining whether or not to award costs after a trial?
British Columbia, Canada
Is Defendant entitled to excused from a claim for damages arising out of a motor vehicle accident?
California, United States of America
Is there any case law supporting the argument that cross-elasticity is a factor in determining whether a motor vehicle can be used as a vehicle?
MultiRegion, United States of America
What is the test for dismissing a motion for sexual assault?
MultiRegion, United States of America
What is the test for a defendant to waive their right to be present at trial?
California, United States of America
Is there any case law where evidence that undermines an opponent's position or shores up that of the proponent is prejudicial under section 352 of the Criminal Code?
California, United States of America
Does a jury need to be interposed to protect the accused from the power of government when the charge is serious enough to require a jury trial?
MultiRegion, United States of America
What is the test for a hostile work environment claim based on race?
MultiRegion, United States of America
What is the test for establishing that a person is entitled to sue under section 1252(a)(2)(D) of the Criminal Code?
MultiRegion, United States of America
Is a public defender's determination that the indigent has grounds for a collateral proceeding not subject to court review?
California, United States of America
What is the standard of review of evidence at the California Court of Appeal?
California, United States of America
What is the test for deference to a hearing officer with respect to findings of credibility?
Ontario, Canada
What is a defendant's right to insist the same court that accepts the plea also pass the sentence?
California, United States of America
Is there a reasonable probability that the error was prejudicial?
California, United States of America
What is the effect of having a witness in a civil proceeding?
California, United States of America
In what circumstances will a defendant have to bear their own costs?
British Columbia, Canada
In what circumstances will a court find that the payee of a banknote intended to release all claims against them?
Saskatchewan, Canada
What is the current state of the law on duty to inquire?
California, United States of America
What authority does a state court have to order a foreclosure sale and eviction during the pendency of a bankruptcy?
federal, United States of America
What is the standard of review for a Notice of Intention?
Alberta, Canada
Does the government have an obligation to grant use immunity to witnesses that have been designated as potentially helpful to the defense?
MultiRegion, United States of America
Does a party who fails to raise an issue at trial lose the claim on appeal?
California, United States of America
Can a federal district court appoint a special master?
MultiRegion, United States of America
Is it improper to require a witness to invoke the Fifth Amendment privilege against selfincrimination in front of the jury?
California, United States of America
Does a spouse have to compensate the other spouse where they have gone into a different role during the marriage?
Ontario, Canada
Does the crime of stealing property from the person be a felony even if the value of the property is low?
California, United States of America
How have the courts interpreted intent in a robbery case?
California, United States of America
Is there any case law supporting a mechanical rule where a defendant is required to complete his trial at a different tribunal?
MultiRegion, United States of America
How has the court treated a defendant's ability to pay restitution under the Vehicle Vehicle Accident Prevention Act?
MultiRegion, United States of America
What is the test for "sufficient evidence" in a motor vehicle accident case?
California, United States of America
Can a defendant waive his Miranda right even when he is in the hospital, on medication and in pain?
MultiRegion, United States of America
What is the duty of a dentist to disclose to a patient?
Alberta, Canada
What is the role of an intervenor in a civil matter?
British Columbia, Canada
What is the test for whether there has been an unreasonable delay or unreasonable action by the condemner?
California, United States of America
Can a domestic agreement be set aside simply because one of the parties now regrets having signed it?
Ontario, Canada
What factors will the court consider in its exercise of Rule 7-6?
British Columbia, Canada
Is medical advice to an applicant for workers' compensation benefits sufficient to trigger the statute of limitations?
California, United States of America
What is the test for removing defective evidence from evidence?
British Columbia, Canada
Can a stay of proceedings with Crown counsel as to what witnesses should be called for the prosecution?
Alberta, Canada
What is the current state of the law on travel for children under the age of 16 in Canada?
British Columbia, Canada
What role does a judge have in managing a habeas corpus application?
Nova Scotia, Canada
How much similarity between an uncharged act and a charged crime?
California, United States of America
What is the test for determining whether a police officer destroyed or disposed of a complaint file?
California, United States of America
What is the effect of Section 2900.5 of the California Criminal Code on a defendant's sentence for failing to post bail?
California, United States of America
What is a defendant's right to request the death penalty?
California, United States of America
What are the requirements for clarity and conspicuousness in a medical malpractice application?
California, United States of America
Can a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?
California, United States of America
Can a public entity discharge an employee because he exercised a statutory right to join an employees' organization?
California, United States of America
Does a warrant need to be issued to search the trunk of a car in which a suspect is sitting?
MultiRegion, United States of America
When will a federal judge be remanded to a different judge for a retrial or resentencing?
MultiRegion, United States of America
What is the test for a waiver of the Miranda rights?
California, United States of America
Can a plaintiff combine a claim for debt and one for damages under the Small Debt Procedure?
Saskatchewan, Canada
Is a plaintiff's right to hire someone to complete construction work on his house if he is unable to complete the project?
Manitoba, Canada
In a medical malpractice case, in what circumstances will a jury deliver a special verdict for the widow and children of a plaintiff?
California, United States of America
What is the difference between intent and motive in a sexual assault case?
California, United States of America
Does the trial court have a duty to instruct on its own motion to convict a defendant of an attempted criminal threat?
California, United States of America
What is the test for foreseeability in an action for emotional distress?
California, United States of America
How have the courts treated the error in an affidavit and "Statement of Probable Cause" in issuing a search warrant?
California, United States of America
What authority does a federal district court have to revoke probation?
MultiRegion, United States of America
What is the test for assessing damages in a motor vehicle accident case?
British Columbia, Canada
Does section 15 of the Criminal Code prohibit discrimination on the basis of marriage?
British Columbia, Canada
Can a gift be profitable when the tax benefits are taken into account?
Canada (Federal), Canada
How has section 654 of the Criminal Code been interpreted in the context of a burglary?
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
Is a jury entitled to reconsideration of their verdict?
California, United States of America
What is the current state of the law on a physician's duty of care in the context of medical malpractice cases?
British Columbia, Canada
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code?
MultiRegion, United States of America
Is Section 125.20(1) of the Criminal Code defined as either "murder" or "voluntary manslaughter"?
MultiRegion, United States of America
Can a defendant raise a statute of limitations claim in a pretrial motion?
California, United States of America
What is the test for a jury to convict a defendant of trespassing at a convenience store?
California, United States of America
Can a jury find that Page 15 of the S.S.A.B.C.A textbook is harmless beyond a reasonable doubt?
California, United States of America
Does the Attorney General have forfeited an objection to the amount of restitution set by the trial court?
California, United States of America
What are the elements of negligence misrepresentation and what are the consequences of the misrepresentation?
Alberta, Canada
Can a confidential informant affidavit be attached to a search warrant?
California, United States of America
Is there any inconsistency in a claim of privilege by the appellant?
MultiRegion, United States of America
What are the damages for loss of homemaking capacity?
British Columbia, Canada
Can grandparents be joined as parties in a divorce?
British Columbia, Canada
What standard of review applies to gang enhancements and gang participation convictions?
California, United States of America
What is the test for default judgment in a personal injury case?
California, United States of America
What is the definition of “driver” and what is the full definition of the term?
Ontario, Canada
Does section 654 of the California Criminal Code prohibit a defendant from multiple punishment for forgery and commercial burglary in cashing a forged check at a bank?
California, United States of America
What is the statute of limitations expiration date in this case?
MultiRegion, United States of America
What is the test for making a sentence that is mandatory under section 3553(a) of the Criminal Code?
MultiRegion, United States of America
Does a learned chambers judge erred in holding that in law can not be determined prior to trial by law?
Saskatchewan, Canada
How have the courts dealt with an opening brief in a personal injury case?
California, United States of America
What is the test for an appellant to succeed on appeal?
California, United States of America
Does the federal district court have jurisdiction to enforce an executive order that barred strikes by federal employees?
MultiRegion, United States of America
What is the standard of review for a restitution hearing where a defendant failed to show prejudice from his absence?
California, United States of America
What is the test for a motion for detention of a person charged with "any felony that involves the possession of a firearm"?
MultiRegion, United States of America
What is the obligation of a parent to contribute to their child's post-secondary education?
Manitoba, Canada
What constitutes indifference in prison medical care?
MultiRegion, United States of America
Does the Attorney General have the authority to intervene in a civil matter?
Alberta, Canada
What is the test for dismissing the case as moot?
California, United States of America
What is the standard of review of a determination under r.21.01(1)(a)?
Ontario, Canada
What is the test for a motion to dismiss a complaint based on qualified immunity?
MultiRegion, United States of America
What is the test for probable cause for a search of a van in a traffic collision?
MultiRegion, United States of America
Does a defendant have an initial burden to establish the value of a vehicle?
California, United States of America
What is the test for fair use in copyright law?
MultiRegion, United States of America
How has the Respondent been successful in seeking increased child support?
British Columbia, Canada
Can a motion for an ex parte hearing be a cause of action for abuse of process?
federal, United States of America
What is the burden of demonstrating unfairness against a defendant in a civil case?
California, United States of America
How did Terasen respond to information about 200 mm of ground movement in relation to a revised bridge crossing?
British Columbia, Canada
What is the test for obtaining consent to search a residence?
California, United States of America
What is the test for establishing causation in a medical malpractice case?
Ontario, Canada
What is the test for a review of a driving ban?
British Columbia, Canada
What is the legal test for destroying or destroying evidence in a criminal case?
California, United States of America
How have courts rejected a claim for an interest deduction under the Burgess rule?
MultiRegion, United States of America
What is the test for renewing a writ of summons?
Saskatchewan, Canada
Is digital penetration of the vagina of a sleeping victim considered a major sexual assault?
Newfoundland and Labrador, Canada
Can a court set aside an agreement where a party does not fully disclose their assets?
British Columbia, Canada
Does a qualifying settlement offer that requires a voluntary dismissal with prejudice meet the requirements of section 998 of the California Code of Civil Procedure?
California, United States of America
How have the courts found that a person who is not a party to a class A notice of claim is entitled to class B?
British Columbia, Canada
What is the test for a motion to suppress?
California, United States of America
What is the test for a claim for breach of the covenant of good faith and fair dealing?
MultiRegion, United States of America
In what circumstances will a prosecutor argue that a defendant's failure to rebut the government's case requires a guilty verdict?
MultiRegion, United States of America
Can a court order the return of a deposit from a vendor who misrepresented the property as zoned for commercial use?
Ontario, Canada
What are the consequences of a conviction for possession of a fictitious instrument, check forgery and second degree burglary?
California, United States of America
Does a defendant have to testify before a panel of impeached members of the House of Representatives?
California, United States of America
What is the test for a reversal of a judgment against a witness who has been believed by the court?
California, United States of America
Does a preliminary injunction constitute a substantive proceeding on the merits?
MultiRegion, United States of America
What is the test for a claim of undue hardship under the Child Support Guidelines?
New Brunswick, Canada
Does a defendant unequivocally invoke the right to self-representation?
California, United States of America
What is the test for establishing an enforceable contract?
Saskatchewan, Canada
What is the test for obtaining a general warrant for a search?
MultiRegion, United States of America
What is the test for determining whether a corporation’s pre-tax income is not available to a payor?
British Columbia, Canada
What is the test for determining whether the Accident caused lower back pain?
British Columbia, Canada
What is the test for having a Mexican witness at trial?
California, United States of America
What constitutes deliberate indifference to serious medical needs in prison?
MultiRegion, United States of America
Can evidence of domestic violence be admitted in a criminal case?
California, United States of America
What is the current state of the law in this context?
MultiRegion, United States of America
What is the legal test for second degree murder?
California, United States of America
What is the legal test for assessing loss of future earning capacity?
British Columbia, Canada
Are words not actionable when spoken of one in his office, or in his profession?
Saskatchewan, Canada
What is the test for standing in a corporation action?
Ontario, Canada
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers?
California, United States of America
What is the difference between a renewal application and an application for renewal being made on the same date?
Yukon, Canada
What is the appropriate sentence for feloniously shooting with intent to murder?
Saskatchewan, Canada
Is hearsay evidence admissible at preliminary hearings in criminal cases?
California, United States of America
Does an error by the trial court in making an order requiring disclosure of impeachment evidence be harmless?
California, United States of America
Can a federal court dismiss a case as moot?
MultiRegion, United States of America
What are the elements of a violation of the bank fraud statute?
MultiRegion, United States of America
Does a defendant have to waive the former jeopardy defense if they failed to assert it before trial?
MultiRegion, United States of America
What are the implications of a bank's failure to report a forged or altered check?
California, United States of America
What is the legal test for making amendments to pleadings in a summary trial?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for habeas corpus relief against the imposition of the upper term?
MultiRegion, United States of America
Can a legislative committee report be used to construe the meaning of a statute?
California, United States of America
What is the test for an application to extend time to appeal?
Alberta, Canada
What is the test for establishing that a judgment or order of the trial court is correct?
California, United States of America
What is the legal test for determining whether a claim is meritorious?
Ontario, Canada
Is there any federal error in the way that a jury was instructed to convict a defendant of conspiracy to distribute heroin?
MultiRegion, United States of America
What is the test for making an amended complaint in a personal injury case?
MultiRegion, United States of America
What is the test for withholding of deportation under section 243(h) of the Immigration Code?
MultiRegion, United States of America
What is the test for overturning a conviction for a lesser related offence under section 502 of the Penal Code?
California, United States of America
What is the test for reversing a finding of insufficient evidence in a sexual assault case?
California, United States of America
What is the test for determining whether a person's freedom of action was restricted by the police?
"New York", United States of America
Is a plaintiff entitled to damages for loss of capacity to earn?
British Columbia, Canada
Does the "narrow proportionality principle" apply to non-capital sentences?
California, United States of America
What is the evidence that supports a claim that the evidence supports the claim?
California, United States of America
What is the test for a university to grant tenure to a professor?
California, United States of America
Is Rule 12(b)(1) jurisdictional attack a facial attack or a factual attack?
MultiRegion, United States of America
Can a defendant be physically restrained in the courtroom while in the jury's presence?
California, United States of America
Does a prosecutor's argument in a civil case that a jury should consider whether there was an aggravative factor in the case?
California, United States of America
What is the test for directed verdict in a motion?
Canada (Federal), Canada
Does the defense of prosecutorial independence immunize law enforcement officers from damages suffered as a result of their actions?
MultiRegion, United States of America
What is the test to determine whether a director of a company is personally liable?
Ontario, Canada
Can a lawyer be held to an agreement that limits their fees where they have agreed to a contract on the basis of a fixed fee?
British Columbia, Canada
What is the penalty for a licensee who has no prior disciplinary history?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Does a mortgagee have an obligation to release unadvanced funds from a trust account in the name of both the mortgagor and the mortgagee?
British Columbia, Canada
Is Movant entitled to relief on a Fourth Amendment claim?
MultiRegion, United States of America
What are the implications of Rule 7023 factors in a personal injury claim?
MultiRegion, United States of America
Does a Defendant's failure to submit instructions on the issue of venue constitute a waiver or forfeiture?
California, United States of America
How have the courts interpreted the meaning of the term some and many?
"New York", United States of America
In what circumstances will the Court consider whether Page 9 of the Wall Street Journal has been withheld in violation of the securities laws?
MultiRegion, United States of America
What is the standard of conduct of a lawyer who has been found guilty of misconduct in two separate disciplinary proceedings?
California, United States of America
Can a judge strike a section 667 prior serious felony conviction under Rule 441(b)?
California, United States of America
Does a Will need to be executed before or after the execution of the Will?
"New York", United States of America
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
What is the difference between the interest of a life beneficiary and those of the residual beneficiaries of a trust?
Nova Scotia, Canada
Does the statute of limitations apply to a lawsuit filed beyond the applicable state limitations period?
MultiRegion, United States of America
What is the test for having in rem jurisdiction in a marital dissolution action?
California, United States of America
What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code?
MultiRegion, United States of America
Does a defendant have a prior criminal conviction that qualifies as a "misdemeanor for all purposes" under section 1170.18, subdivision (k) of the California Criminal Code?
California, United States of America
How is the lodestar method used to determine the appropriate percentage for a class counsel fee?
Ontario, Canada
Is Section 654 of the California Criminal Code applicable to a single criminal offence?
California, United States of America
Is it worse for a defendant to show remorse than demonstrably false denials?
California, United States of America
What is the test for joint custody of the children?
British Columbia, Canada
What is the test for liability in nuisance cases?
Saskatchewan, Canada
What are some cases where a federal judge refused to grant discovery for abuse of discovery?
MultiRegion, United States of America
Is there any case law or case law relating to the application for an interim discharge of an applicant who has a Canadian-born child?
Canada (Federal), Canada
What constitutes a lewd or lascivious act?
California, United States of America
What is the hardship of leaving her husband in the matrimonial home and subsequently seeking to sell it under the Partition Act?
Ontario, Canada
