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 an insurance company to make a claim for a motor vehicle accident?
British Columbia, Canada
What is the forfeiture of a boat?
Newfoundland and Labrador, Canada
Can a second application be brought if the supporting materials are inadequate?
British Columbia, Canada
What is the test for establishing a prima facie case of discrimination in voir dire?
California, United States of America
Can a plaintiff suffer pain from a whiplash injury?
Ontario, Canada
Can a judge be appointed to a superior court post after the election of a new superior court judge?
California, United States of America
How does a court review a judgment dismissing a complaint after the granting of a demurrer without leave to amend?
California, United States of America
What is the burden on a defence pleading justification for defamatory words?
Ontario, Canada
What is the test for a motion alleging a due process violation in sentencing under Section 2255 of the Criminal Code?
MultiRegion, United States of America
What factors will a court consider in determining whether to apply the doctrine of judicial estoppel?
MultiRegion, United States of America
Is there a distinction between impaired and affected between the words "impaired" and "affected"?
British Columbia, Canada
What is the legal test for overturning a conviction for sexual assault?
California, United States of America
What are the reasons for the withdrawal of an allegation of fraud in a personal injury case?
British Columbia, Canada
In what circumstances will the court consider whether depreciation and expenses are artificially low because the wife’s income was artificially low?
British Columbia, Canada
Is loss of housekeeping capacity a factor in determining damages?
British Columbia, Canada
What is the test for a provisional order under section 17.1 of the Divorce Act, s. 18(2) and 17(17.1(1) to vary support?
Yukon, Canada
What are the requirements the moving party must establish to have a vesting order?
Ontario, Canada
Does a plaintiff have standing to bring a class action for injunctive relief?
MultiRegion, United States of America
Does a plaintiff have a right to access the court and attend the trial of his own civil action?
MultiRegion, United States of America
What is the legal test for abuse of discretion in the context of a federal district court's response to a jury's request for additional instructions?
MultiRegion, United States of America
Does the filing of an appeal for attorney fees stay?
California, United States of America
Is professional negligence a tort or a breach of contract?
California, United States of America
What are the legal principles applicable to an application to strike?
British Columbia, Canada
Does the juror need to agree unanimously as to which specific acts were committed?
MultiRegion, United States of America
Can a judge act upon a motion on the basis that it has been consented to?
MultiRegion, United States of America
What is the evidentiary test for possession of a quantity of methamphetamine hidden in a bedroom baseboard?
Ontario, Canada
Is there a de novo review of the finding that there was no arbitration agreement?
California, United States of America
How have courts in BC dealt with past income loss in a motor vehicle accident?
British Columbia, Canada
What is the test for determining whether a person is entitled to "free leave" when confronted by a police officer?
California, United States of America
Does the introduction of a police interview support defendant's self-defense theory?
California, United States of America
What is the test for making a threat to kill a person with intent to kill?
California, United States of America
Does a jury have to agree that the charge of false imprisonment of an elderly person is not a felony but a misdemeanor?
California, United States of America
What is the test for a plaintiff to appeal against a finding of misconduct against a prosecutor in a criminal case?
California, United States of America
Can a defendant be remanded for a retrial of a section 677, subdivision (a)(1) allegation based on a prior conviction for aiding and abetting?
California, United States of America
What are the rights of a plaintiff in a personal injury action?
Saskatchewan, Canada
Can an insured recover contract damages for bad faith failure to settle a claim against the insured within the policy limits?
California, United States of America
What is the test for a plaintiff's claim that he was denied access to a hearing in an administrative proceeding?
MultiRegion, United States of America
How have the courts interpreted the Prosecutor's explanation of his peremptory challenge?
California, United States of America
Does disclosure of confidential documents affect the outcome of a trial?
MultiRegion, United States of America
Can an insurer be held liable in tort for breach of the implied covenant of good faith?
California, United States of America
Can a defendant withdraw a no contest plea under section 1192.5 of the California Criminal Code?
California, United States of America
What is the test for an order to show cause in a habeas corpus matter?
California, United States of America
What is the effect of a union representing a plaintiff in a Human Rights Tribunal Application?
Ontario, Canada
Is a common business enterprise sufficient to prevent a bank from being defrauded?
Ontario, Canada
Can a motion to compel arbitration be heard on the basis of fraud?
California, United States of America
What is the current state of the law on spousal support?
New Brunswick, Canada
In what circumstances will the Court of Appeal consider an issue raised in a reply brief of an appellant before the reviewing court?
California, United States of America
What is the test for determining the rule of law in a civil case?
California, United States of America
What is the scope of landlord’s liability under the Residential Landlord's Act?
British Columbia, Canada
What is the purposive approach to patent litigation?
Canada (Federal), Canada
Is there any case law concerning the treatment of children who are arrested on suspicion of being illegal aliens but have not yet been determined to be deportable?
MultiRegion, United States of America
What is the test for admitting evidence over relevance and undue prejudice under the deferential abuse of discretion standard?
California, United States of America
Is there any case law where an officer based an H&C assessment on the wrong test?
Canada (Federal), Canada
What kind of evidence obtained by the learned Chief Justice of Canada?
British Columbia, Canada
What is the test for proving constructive possession of property in a robbery case?
California, United States of America
What is the current standard for determining whether a word is defamatory?
Saskatchewan, Canada
Is a defendant in a civil case entitled to appointed counsel on appeal as a matter of due process and equal protection?
California, United States of America
Is a complaint against a judge a grounds for recusal?
MultiRegion, United States of America
How have the courts interpreted the community caretaking exception to the search warrant requirement?
California, United States of America
What is the test for driver's failure to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk?
California, United States of America
What is the test for producing Extra-Record Documents?
British Columbia, Canada
What is the scope of an application for interim relief from September 15, 2014?
Alberta, Canada
Is criminal negligence an element of the crime of inflicting unjustifiable physical pain or mental suffering on a child?
California, United States of America
What is the current zoning law on short-term cottages?
British Columbia, Canada
What is the test for establishing that a plaintiff is a result of a Previous Accident?
British Columbia, Canada
Does a garnishee order against the executors of a judgment debtor have to prove that they are not personally charged?
Saskatchewan, Canada
In a medical malpractice case, is a plaintiff required to have a myelogram to determine the cause of a fistula?
California, United States of America
What is the test for an effectiveness complaint?
Ontario, Canada
Can a successful party to a tort action be awarded attorney fees under section 1021.5 of the Code of Civil Procedure?
California, United States of America
What is the effect of having the same assistant public defender representing the same defendant at the same time?
California, United States of America
What is retroactive legislation in Canada?
Ontario, Canada
What is the test for standard of care in dental malpractice cases?
Ontario, Canada
What is the sentence of an abysmal failure as a father for child endangerment?
California, United States of America
What is the test for a federal habeas corpus claim?
MultiRegion, United States of America
What is the test for "abuse of evidentiary rulings" in cases involving emotional bias?
California, United States of America
What is the test for express malice in a defamation case?
British Columbia, Canada
How has the record as a whole been interpreted for the purpose of determining whether a defendant's conviction was based on the fact that he personally stole from a Walgreens pharmacy?
California, United States of America
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense?
California, United States of America
What is the test for determining the appropriate amount of damages awarded by a judge in a civil case?
California, United States of America
Is the date of an alleged crime not an element of the crime?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence in a murder case?
California, United States of America
What is the case law that supports the argument that a homogeneous school is the most important institution for the survival of English language minority education?
Ontario, Canada
How have courts interpreted telephone records in the context of criminal investigations?
MultiRegion, United States of America
What is the law regarding the costs of future care?
British Columbia, Canada
What is the current state of the law on temporary custody of children when an allegation of serious sexual abuse is made against a parent?
California, United States of America
What is the test for a Title VII individual disparate treatment claim?
MultiRegion, United States of America
What is the date set for the resolution of any outstanding issues between the parties?
Ontario, Canada
What is the requirement in criminal cases that constitutional error be found harmless beyond a reasonable doubt?
California, United States of America
What is the test for meeting the technical requirements of subrule 18(14) of the Rules of Civil Procedure?
Ontario, Canada
What are the findings of an independent review of the record?
California, United States of America
What constitutes professional misconduct for a lawyer who breaches a court order?
Ontario, Canada
What is the necessary mental element to prove that a threat uttered with the intent to intimidate or cause fear has the required mental element?
Alberta, Canada
Can a plaintiff in a vexatious litigation obtain attorney fees from the Court of Appeal?
California, United States of America
Can a plaintiff make a claim for equitable indemnity against the original defendant?
MultiRegion, United States of America
In what circumstances will the judge review testimony in a civil case where there is direct conflict in testimony?
California, United States of America
What is the difference between police misconduct and live-witness testimony?
MultiRegion, United States of America
Can a lawyer be found guilty of professional misconduct for not doing enough to advance a client’s action for more than three years?
British Columbia, Canada
Does Master Polika have any authority to amend a Defendant's Statement?
Ontario, Canada
Can a loss of value be calculated based on stigma?
British Columbia, Canada
Can a municipality obtain contribution and indemnity from a property owner for failing to comply with its by-laws?
British Columbia, Canada
Does a district judge have to abstain from voting in a motion to convene a three-judge court?
MultiRegion, United States of America
What is the difference between a left turning driver and an oncoming driver in a collision?
British Columbia, Canada
What is the standard for ineffective assistance in a personal injury case?
California, United States of America
What is the test for determining probable cause in a civil case?
California, United States of America
What is the test for overturning a finding of insufficient sufficiency to support a conviction?
California, United States of America
What is the test for abuse of discretion in the context of a restitution order?
California, United States of America
What is the test for presuming that sworn testimony is true?
Canada (Federal), Canada
Can a voluntary assignee for the benefit of creditors maintain the position?
Ontario, Canada
What is the standard of review for assessing the sufficiency of the evidence to support a criminal conviction?
California, United States of America
Is an order denying the writ of habeas corpus appealable?
California, United States of America
What is the penalty for a police officer found guilty of gross misconduct in a criminal case?
British Columbia, Canada
What is the test for establishing a reasonable doubt in a sexual assault case?
California, United States of America
What is the credibility of a police officer's recollection that defendant was searchable?
California, United States of America
Does a jury have to consider whether a resisting arrest was lawful?
California, United States of America
What is the test for striking out a pleading which is irrelevant to the matter?
Ontario, Canada
What is the meaning of the Release in the context of the Settlement?
Ontario, Canada
What is the standard used by courts in assessing the sufficiency of evidence to support enhancement?
California, United States of America
Are there any constitutional, statutory, constitutional, or decision-making considerations that revocation of the Public Prosecutions System violates equal protection or due process law?
California, United States of America
Can a writ of mandamus compel the Attorney General to file an enforcement action under the Admission Act?
MultiRegion, United States of America
What is the standard of review for mixed questions of law and fact in a tax case?
MultiRegion, United States of America
What is the penalty for misconduct in a professional conduct case?
British Columbia, Canada
Does the Attorney-General have standing to challenge the constitutionality of the appointment and designation of those Judges?
"New York", United States of America
Is a failure to exhaust an affirmative defense an affirmative defence?
MultiRegion, United States of America
Is a motion for default judgment for abuse of discretion granted?
MultiRegion, United States of America
Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased?
British Columbia, Canada
What privilege does a public entity have to refuse to disclose the identity of an informant?
California, United States of America
Can a temporary judge be appointed at a preliminary hearing?
California, United States of America
Does Defendant have any grounds to claim that he was denied the right to a hearing?
California, United States of America
Is a judge immune from liability for personal injury?
MultiRegion, United States of America
How have the courts treated a motion to dismiss a bankrupt in his personal injury case?
MultiRegion, United States of America
What is the case law on jurisdiction and liability against the Canadian government?
Canada (Federal), Canada
In what circumstances will a spouse who is not a spouse be able to claim an interest in her partner's property?
Alberta, Canada
How have assets been distributed in the context of family law?
British Columbia, Canada
What is relevant evidence in a personal injury action?
California, United States of America
What factors will be considered in determining whether it is in the public interest to accept a complaint?
British Columbia, Canada
Is a plaintiff entitled to attorney fees in a deed of trust?
California, United States of America
Is a government attorney's duty of loyalty outweigh the right to petition the government?
California, United States of America
What is the legal test for "searching and careful" in the context of a search warrant application?
MultiRegion, United States of America
What is the standard of review in appeal from a criminal conviction?
California, United States of America
What is the test for a plaintiff in a civil case brought by a defendant who is unable to pay his statutory fines and fees?
California, United States of America
What is the test for giving a jury instruction on an affirmative defense?
California, United States of America
What is the burden of demonstrating unfairness against a defendant in a civil case?
California, United States of America
What is the test for an ex post facto sentence in criminal law?
California, United States of America
Are there any cases where the consent decree was not approved by the federal district judge?
MultiRegion, United States of America
What is the test for alleging there was conspiracy with the Los Angeles Police Department?
MultiRegion, United States of America
What is the test to quash an order of committal?
Saskatchewan, Canada
How have the courts interpreted jury instructions in a murder trial?
California, United States of America
Is Application #3 dismissed as abandoned?
Ontario, Canada
What is the procedure used by a coroner to determine the cause of death at an inquest?
California, United States of America
What is the test for a motion to preclude evidence attempting to establish a necessity defense?
MultiRegion, United States of America
What is the effect of a plea of guilty or nolo contendere to a charge under section 1016.5 of the California Criminal Code?
California, United States of America
What is the case law supporting an adjudicator's finding that the lack of trust in the employee justified the investigation that led to the investigation?
Canada (Federal), Canada
What is the difference between the words “variations” and “additional conditions” on a policy?
Ontario, Canada
How is an award for loss of future earning capacity calculated?
British Columbia, Canada
Can a police constable ask a person's name and address without arrest?
Saskatchewan, Canada
What is the test for establishing a conspiracy against a defendant?
MultiRegion, United States of America
Does a dismissal on the basis of sovereign immunity or for failure to state a claim can be granted?
MultiRegion, United States of America
When will security be granted to an appellant in an appeal?
British Columbia, Canada
What is the test for determining whether a defendant is liable in a motor vehicle accident?
British Columbia, Canada
What is the standard of review for an appeal from a default judgment?
California, United States of America
What is the current state of the law on white collar crime and money laundering enhancements?
California, United States of America
What is the effect of the fact of refusal on an arrestee's right to plead not guilty?
California, United States of America
What is the test for establishing a finding of fact?
California, United States of America
When will a defendant not receive a psychological evaluation for purposes of sentencing?
California, United States of America
Is deliberate indifference sufficient to shock the conscience of a law enforcement officer?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
Is a waiver of the right to appeal valid if it is knowingly and voluntarily made?
MultiRegion, United States of America
Is there any 'weak evidence before the jury' or 'strong evidence'?
MultiRegion, United States of America
What is the test for a proposal to create concurrent superior court jurisdiction?
British Columbia, Canada
Does a trial judge have to detail every aspect of her decision if she prefers some evidence over other evidence?
Ontario, Canada
What is the test for acquitting a defendant in a sexual assault case?
California, United States of America
What are the implications of section 654 and 954 of the California Penal Code when the same act or course of conduct plays a significant part?
California, United States of America
Can a divorced father be treated differently than a married father?
California, United States of America
Is the interpretation of a municipal by-law a matter of law?
Ontario, Canada
How much is a plaintiff entitled to in damages?
California, United States of America
Does the use of a police officer's preliminary hearing testimony in a search and seizure case violate a defendant's right to confrontation?
California, United States of America
What jurisdiction does the Court have to assess credibility and weighing the evidence of a refugee claimant?
Canada (Federal), Canada
What is the statute of limitation period when a plaintiff is not aware of the legal significance of the event?
California, United States of America
Can a lawyer or paralegals who fail to maintain proper books and records prevent the Law Society of Upper Canada from fulfilling its duty to regulate them?
Ontario, Canada
What is the test for exemption of capital, stock and all property of a company?
Saskatchewan, Canada
What is the test for granting probation to a defendant who has committed a criminal offence?
California, United States of America
Can a defendant waive his right to attend the restitution hearing?
California, United States of America
What is the test for credibility of historical evidence at trial?
British Columbia, Canada
Does the fact that the area outside the house is within the curtilage of the home bar the police from viewing the front door of the house, or does the area surrounding the house have to be cordoned off by the police?
"New York", United States of America
What is the test for disclosure of evidence in a criminal case involving a confidential informant?
California, United States of America
What is the legal test for chronic pain?
Ontario, Canada
What is the legal test used to determine whether a federal court made a structural error in making a jury nullification instruction?
MultiRegion, United States of America
How have the courts interpreted plea agreements between a defendant and federal authorities?
MultiRegion, United States of America
What is the test for denying a motion to hold a competency hearing?
MultiRegion, United States of America
In what circumstances will a judge interpret the language of a statute?
MultiRegion, United States of America
What is the test for determining damages for a plaintiff who sustained a fractured skull in a motor vehicle accident?
British Columbia, Canada
When will the court order a fresh inquiry as to the best interests of the child?
Ontario, Canada
What is a "legally frivolous" claim?
MultiRegion, United States of America
What is the law of the lex loci delicti in tort?
Ontario, Canada
Does a solicitor have authority to accept a settlement?
Ontario, Canada
What are general damages for pain and suffering?
Nova Scotia, Canada
How has the court dealt with the admission of propensity evidence in a criminal case?
California, United States of America
Is this a mistake of law?
British Columbia, Canada
What is the burden of proving a person has the capacity to contract?
Alberta, Canada
What is the standard of review for police misconduct cases?
Ontario, Canada
