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 abuse of discretion in a federal district court's evidentiary rulings?
MultiRegion, United States of America
What is the legal standard applicable to the financial burden requirement?
California, United States of America
What is the test for admitting evidence pursuant to the hearsay rule for an abuse of discretion?
California, United States of America
How have courts interpreted the assumption that profit-maximizing behavior is a factor in determining whether a company can increase its prices?
MultiRegion, United States of America
Is an executor entitled to indemnity for costs and expenses incurred by the executor in the course of the administration of the estate?
Manitoba, Canada
What authority does a trial court have to disqualify an attorney?
California, United States of America
Does a joint tenant have a prima facie right to partition or sale?
British Columbia, Canada
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing?
MultiRegion, United States of America
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child?
British Columbia, Canada
Does the Attorney General accept that the allegations of both counts of sexual assault constitute but a single substantive offense?
California, United States of America
What is the definition of murder and what is the test for sufficiency?
California, United States of America
If a plaintiff has fibromyalgia, what is the impact of the respondent’s negligence on her condition?
Alberta, Canada
What is the effect of comments made by a federal district court during a sentencing hearing regarding a defendant's sentencing?
MultiRegion, United States of America
What is the test for establishing jurisdiction in an action brought by two separate parties?
MultiRegion, United States of America
What is the legal test for calculating damages in a personal injury case?
British Columbia, Canada
What is the test to determine whether an insurer has given consideration to the interests of the insured?
California, United States of America
What is the test for analysis in a family case?
British Columbia, Canada
Does a party have to complain to the Court on appeal that an instruction in a criminal case instructing a jury to convict a defendant of possessing all six firearms was "too general or incomplete"?
California, United States of America
How have the courts interpreted the test of best interest and good faith?
British Columbia, Canada
Can a mechanical exclusion apply to a loss of income due to a failure of a furnace that is not contemplated by the exclusion?
Ontario, Canada
How have courts interpreted the doctrine of unanimous agreement in a criminal case?
California, United States of America
Can a defendant be punished for each violation of Section 6542 of the California Penal Code?
California, United States of America
Is a prison official liable for failing to act with deliberate indifference in the case of an inmate who was injured in a fall from a balcony of a high-security prison?
MultiRegion, United States of America
What is the duty of fairness of an immigration officer making a decision pursuant to section 114(2) of the Immigration Code?
Canada (Federal), Canada
Is a defect in design a latent defect in the machinery covered by an all-risk policy?
Alberta, Canada
How have the courts interpreted the test for determining whether a statement is a "true threat"?
California, United States of America
When can an employee bring an action for breach of a collective bargaining agreement?
MultiRegion, United States of America
What is the appellate court's role in assessing reasonableness of a verdict?
British Columbia, Canada
What is the test for an offer to settle procedure under Rule 37?
British Columbia, Canada
What are the consequences of counsel for the People yelling at a witness on the witness?
California, United States of America
Does a defendant have to register as a sex offender because of a prior sexual assault conviction?
California, United States of America
What is the legal test for denying recovery in a personal injury action?
British Columbia, Canada
Can a defendant prevail on a direct aiding of the target offense of second degree murder?
California, United States of America
What is the impact of large non-pecuniary awards for damages in the United States?
British Columbia, Canada
What is the effect of ineffective assistance of counsel in determining a disposition more favorable to defendant?
California, United States of America
What is the test for loss of future earning capacity in a motor vehicle accident?
British Columbia, Canada
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms?
California, United States of America
Is there insufficient evidence to support the jury's finding that the Gate System's design was not a substantial factor in causing Samuel's injuries?
California, United States of America
Does the statute of limitations apply to a cause of action based on federal law or constitutional principles?
California, United States of America
What is the legal test for an appeal against a judgment that has been found against a defendant in a motor vehicle accident?
California, United States of America
What is the securities regulation framework in Canada?
Ontario, Canada
What is the case law on whether an informant can testify against a defendant in connection with the possession of heroin?
California, United States of America
Is delay accepted as the norm in civil litigation?
Ontario, Canada
What is the test for probable cause in the search warrant application for the seizure of a safe containing information obtained from a closed safe?
MultiRegion, United States of America
How is disposable income calculated in the context of a spouse’s death?
Alberta, Canada
What is the test for negligence in breast cancer cases?
British Columbia, Canada
What is the test for establishing a cause of action for declaratory relief?
California, United States of America
What is the test for contribution under section 7(1) of the Child Support Guidelines?
British Columbia, Canada
Does the anti-SLAPP provisions of section 425.16, subdivision (e) of the California Anti-SLPP Act protect a police officer who makes a statement on his own behalf?
California, United States of America
What is the test for the existence of warning signs in a residential property?
British Columbia, Canada
In a medical malpractice case, in what circumstances will a judge order a judgment in excess of one third million dollars?
MultiRegion, United States of America
Can a defendant waive section 190.1(b) of the California Statutory Right to be present at trial during the taking of evidence?
California, United States of America
What is the test for making a claim for special costs in a personal injury case?
British Columbia, Canada
What is the test for "just and equitable" in s. 324(1)(b) of the BCA and s.3(2)(b), s.4(2) of s.324(1), and what are the elements of that?
British Columbia, Canada
Can a federal judge reverse a finding that was wrong on appeal?
California, United States of America
What is the test for negligence in a motor vehicle accident case?
Nova Scotia, Canada
How do we review a denial of a habeas corpus de novo?
MultiRegion, United States of America
What is the test for just cause in a wrongful dismissal action?
British Columbia, Canada
What is the test for a motion for a new trial when evidence is not considered in the light most favorable to the prosecution?
California, United States of America
How has the court dealt with forfeiture of a vehicle seized from a defendant in a motion to appeal against his conviction for second degree murder?
California, United States of America
What is the test for judicial interpretation of a statute?
California, United States of America
Does the statute of limitations in tort claims apply to the jurisdiction of the claim?
MultiRegion, United States of America
What is the effect of a district court finding that police officers had a founded suspicion before they stopped a car?
MultiRegion, United States of America
Does the existence of a racketeering enterprise constitute an essential conduct element of a criminal act?
MultiRegion, United States of America
What is the case law on fire safety in a rooming house?
Ontario, Canada
What is the test for determining if a contract is valid or enforceable?
California, United States of America
What is the test for determining whether a party has met the statutory requirements for attorney fees on appeal?
California, United States of America
Is it improper for a prosecutor to misstate the law generally and particularly the prosecution's burden of proving every element of the crime charged beyond a reasonable doubt?
California, United States of America
How have courts interpreted the statutory rules regarding driver's right of way in a collision?
British Columbia, Canada
What is the test for granting probation to a defendant with a history of criminal activity?
California, United States of America
What is the statute of limitations for a lawsuit to renew a judgment?
California, United States of America
Does the trial court discharge its duty to resolve the evidentiary conflicts as to whether the confessions were given under the influence of LSD?
MultiRegion, United States of America
What is the test for determining whether a police officer's version of events is internally consistent with other facts?
MultiRegion, United States of America
What is the test to establish possession of a firearm by a felon?
California, United States of America
In what circumstances will collateral estoppel prevent a defendant from a conviction for murder in the second degree?
California, United States of America
Does a failure to include express findings on all relevant facts in the judgment of a jury?
MultiRegion, United States of America
What constitutes an abuse of power?
California, United States of America
Is a search of appellant's car incident to a recent arrest?
California, United States of America
What is the test on review of an authorization?
New Brunswick, Canada
What is the legal test for contempt of a judge when a judge is accused of making disparaging statements about a pending trial?
California, United States of America
What is the test for establishing that rule of obiter dicta?
California, United States of America
What is the legal test for extending the time of trial in an action brought by a plaintiff who was awarded $1.5m in damages under the California Small Business Act?
California, United States of America
What is the test for determining whether a person is a vexatious litigant?
California, United States of America
When a defendant fails to provide a limiting instruction in a sexual assault case, does this result in prejudice?
California, United States of America
What evidence supports the finding that the arrest was lawful and based upon probable cause?
California, United States of America
What is the relation-back doctrine in motor vehicle accident law?
California, United States of America
What is the test for dismissing an appeal?
California, United States of America
How have courts dealt with the doctrine of indefeasible title under section 4 of the Corporations Act?
British Columbia, Canada
What is the criteria used for determining whether there is sufficient humanitarian and compassionate grounds to grant special relief?
Canada (Federal), Canada
Is a lower court judge who is named as a respondent in an extraordinary writ proceeding brought in an appellate court to challenge an order rendered by a judge?
California, United States of America
What is the test for fairness in criminal law?
California, United States of America
Is a defendant entitled to advance notice that the District Attorney is planning to introduce a section 23 confession at the sentencing stage?
"New York", United States of America
What is the test for determining whether a plaintiff is liable in negligence for loss of future earning capacity?
British Columbia, Canada
What is the test for an independent actionable wrong?
Canada (Federal), Canada
How have courts dealt with allegations of misconduct in a medical malpractice case?
MultiRegion, United States of America
In what circumstances will counsel not appeal to the jury's passions or sympathies at the guilt phase of a criminal trial?
California, United States of America
Can a secured party to a general security agreement require them to pay legal fees to preserve collateral?
British Columbia, Canada
What are the guiding factors for awarding personal costs against counsel personally?
Ontario, Canada
Can a juror make a "death threat" during deliberations?
California, United States of America
Does the judge have a duty to instruct the jury to return to court to render verdicts on all counts?
California, United States of America
What is the impact of the openness of court documents?
Alberta, Canada
When will a court follow the wishes of an older child who wants to live with her older child?
Ontario, Canada
Can a defendant succeed on a claim of ineffective assistance of counsel based specifically on counsel's failure to move for severance?
California, United States of America
What is the burden of making systematic exclusion of African-Americans from a jury?
California, United States of America
What is the test for dismissing a complaint without leave to amend?
MultiRegion, United States of America
What is the limitation of a defendant's right to possess a firearm under section 1203.1 of the California Penal Code?
California, United States of America
Does the jury have to continue deliberating after the first 3 times that it has failed to reach a verdict?
MultiRegion, United States of America
How has the US Supreme Court ever overruled a third-circuit case?
California, United States of America
What is the state of the law on absolute immunity for defendants in civil litigation?
MultiRegion, United States of America
Is Section 654 of the California Criminal Code applicable to a single offence?
California, United States of America
If plaintiffs have not waived their First Amendment rights, can they be sued for defamation?
California, United States of America
Does a party have to pay costs incurred by the other side in an action to be transferred to small claims court?
Ontario, Canada
What is the burden of persuasion regarding racial motivation in the context of striking?
MultiRegion, United States of America
What is the professional ethics of an attorney who acts in a conflict of interest?
California, United States of America
What is the test for an appeal against a majority of invalid ballots?
New Brunswick, Canada
Does s. 15(5) of the BC Code of Civil Procedure extend beyond s.15(5)?
British Columbia, Canada
Can a municipality be held liable for the safety of pedestrians who are struck and injured by traps on the sidewalk?
Ontario, Canada
Does the unconsciousness and accident defense only apply to the lewd act charge?
California, United States of America
What is the test for disclosure of personal information to the Revenue Service of Canada?
Canada (Federal), Canada
What is the test for a motion for abuse of discretion?
MultiRegion, United States of America
What constitutes fraud and/or misrepresentation of fact?
Ontario, Canada
How does section 654 of the California Penal Code apply?
California, United States of America
What is the test for ineffective assistance of counsel?
MultiRegion, United States of America
What is the effect of delaying the sale of a home for the purposes of re-apportioning the percentages on division of the assets?
British Columbia, Canada
What is the test for an intervenor in a civil matter?
Canada (Federal), Canada
What evidence is considered in evaluating whether a question posed to a witness before a congressional committee is pertinent to an investigation's inquiry?
MultiRegion, United States of America
What is the test for withholding a jury's verdict?
California, United States of America
How have the courts treated a defendant's prior convictions under the three strikes law?
California, United States of America
Is a municipality permitted to enact a rezoning bylaw in contravention of its own public notice procedures?
British Columbia, Canada
What is the test for overturning a conviction for sexual assault?
California, United States of America
What is the standard of care of a strata corporation in a s. 164 oppression claim?
British Columbia, Canada
What is the test for establishing a claim for RICO violation?
MultiRegion, United States of America
Does a motion to dismiss a complaint with prejudice for failure to state a claim have to be appealed?
MultiRegion, United States of America
Does the waiver rule apply in the civil context?
MultiRegion, United States of America
What is the legal test for the admissibility of a newly developed scientific opinion?
British Columbia, Canada
When a police officer asks a minor to sit on the curb, without more than one step, does this constitute a detention?
California, United States of America
What is the test for a continuance for abuse of power?
MultiRegion, United States of America
Can a party to a family law case make a motion for a transcript of the proceeding?
Ontario, Canada
Can the arrest of plaintiffs be justified?
Saskatchewan, Canada
What is the test for whether harassment is a tort in Canada?
British Columbia, Canada
Does a three year hiatus from school constitute a three-year hiatus for a child of the marriage to be reinstated as a Child of the Marriage?
British Columbia, Canada
Can misleading information be saved if it is corrected in evidence?
Yukon, Canada
Does a police officer have probable cause for arrest?
MultiRegion, United States of America
When will a change of venue occur in a sexual assault case?
California, United States of America
Does section 654 of the California Criminal Code protect against multiple convictions?
California, United States of America
How do we review a challenge to the sufficiency of the evidence supporting a criminal conviction?
MultiRegion, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
What is the test for punitive damages in a breach of contract case?
British Columbia, Canada
Is a prosecutor improperly vouching for the credibility of witnesses?
California, United States of America
Does a defendant have a right to appeal against their sentence?
California, United States of America
What are the factors used by the courts to determine the length of a sentence in a sexual assault case?
California, United States of America
What is the legal test for insufficient evidence in a sexual assault case?
California, United States of America
Does attorney-client privilege apply to communications between "jailhouse lawyers" and their inmate clients?
California, United States of America
What is the effect of improper questioning in a criminal investigation?
Canada (Federal), Canada
Is evidence of a person's violent character admissible in a murder trial?
California, United States of America
What is the test for overruling an objection to a prosecutor's statement?
California, United States of America
How to re-frame common issue (h) such that it would be appropriate for a common issues trial?
British Columbia, Canada
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 a claim of inadequate assistance of counsel?
California, United States of America
Is a trustee of a trust or a debtor of the trust?
British Columbia, Canada
What is the test for dismissing a juror?
California, United States of America
In what circumstances will the court exclude marihuana seized at trial?
Alberta, Canada
Is there an actual injury that triggered the one year statute of limitations provided by section 340.6 of the Civil Code of Civil Procedure when he incurred attorney's fees in the underlying action?
California, United States of America
Does the presumption of undue influence trigger?
British Columbia, Canada
What is the test for an occupation rent claim?
British Columbia, Canada
In what circumstances will a court award punitive damages for a doctor who operated on the wrong spinal disc?
Ontario, Canada
What is the test for an attempted murder?
California, United States of America
What is the test for knowing and unlawful possession of a controlled substance?
"New York", United States of America
What is the standard of review for appeal in this appeal?
Manitoba, Canada
Is a defendant entitled to be represented by an attorney for one purpose?
California, United States of America
What is the test for punitive and exemplary damages in a personal injury case?
British Columbia, Canada
What is the test for admitting rebuttal evidence in a civil case?
California, United States of America
What is the burden of meeting a listed impairment?
MultiRegion, United States of America
What are the elements and accusatory pleading in determining whether a defendant received notice of an uncharged crime?
California, United States of America
How have courts treated the issue of child support in the context of property settlement agreements?
California, United States of America
What is the impact of a federal judge on a sexual harassment case?
MultiRegion, United States of America
What is the priority of a federal tax lien against a State Tax Lien created under State Law?
"New York", United States of America
What constitutes a family violence crime?
MultiRegion, United States of America
Does a violation of state law preclude the need for a Franks hearing?
MultiRegion, United States of America
Is receipt of public disability benefits sufficient to trigger a s. 3(2)(b) analysis?
British Columbia, Canada
What is the test for determining whether an administrative body or agency has quasijudicial power to extend privilege to an otherwise defamatory publication?
California, United States of America
What is the test for admitting evidence derived from an "independent source"?
California, United States of America
What is the test for determining whether a court abused its discretion in denying a defendant's motion for disclosure of police personnel records?
California, United States of America
What is the burden on the insurer to prove that a claim is not within an exclusion to the policy?
California, United States of America
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense?
California, United States of America
What is the effect of improper exhaustion in the context of a wrongful death claim?
MultiRegion, United States of America
What is the effect of sedation on sexual assault allegations?
Ontario, Canada
Does the immunity rule apply to the sanity phase?
California, United States of America
What is the legal test for amendment of a general plan?
California, United States of America
What is the test for denying a motion to suppress evidence?
California, United States of America
What is the test for a court to determine whether a 15-year-old is in the best interests of his or her?
Ontario, Canada
Does a court have discretion to order the sale of a residential property at the request of a life tenant?
Ontario, Canada
What constitutes rape when it did not constitute rape at the time of the incident?
California, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
How have courts treated comments made by the Attorney General in the context of the issue of personal injury cases?
British Columbia, Canada
What is the test for determining a determinate sentence based on facts not found by a jury?
MultiRegion, United States of America
What is the standard of conduct of a solicitor who makes submissions in a personal injury case?
Canada (Federal), Canada
What is the scope of section 5 of the California Charter City Act, section 5, subdivision (b) of the Act, allowing a city police force to appoint its own police officers?
California, United States of America
Is relative culpability of codefendants a mitigating factor in sentencing?
California, United States of America
What probable cause exists for a police officer to check the sun visor of a car with a traffic light flashing?
California, United States of America
