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 a conspiracy to deprive individuals of their rights?
MultiRegion, United States of America
What is the test for a judicial review of a threat of future government activity which might infringe aboriginal rights?
MultiRegion, United States of America
What is the impact of contingencies on future care costs?
British Columbia, Canada
What are the two foundations of a claim for sexual assault against the complainant?
Prince Edward Island, Canada
What are the elements of a violation of section 422 of the California Code of Civil Procedure, section 422(1) of the Criminal Code, and what is the test for that violation?
California, United States of America
Is a plaintiff entitled to costs in a proposed class action?
Canada (Federal), Canada
What are the conditions for a federal court to vacate the Consent Decree?
MultiRegion, United States of America
What is the test for finding an aggravating factor in an assault case?
California, United States of America
Is Respondent's negligence a proximate cause of injury as a matter of law?
California, United States of America
What is the difference between parole revocation proceedings and probation revocation proceedings?
California, United States of America
When will a court strike a third party claim?
Ontario, Canada
Is patent unreasonableness the appropriate standard of review for a decision by a police officer to arrest a man for assault?
British Columbia, Canada
What is the test for determining whether a plaintiff's claim against the federal government can be asserted on an earlier appeal?
MultiRegion, United States of America
Does the information specifically charging malice murder provide adequate notice of a felony-murder theory?
California, United States of America
What is the legal test for admitting evidence of an incident that occurred in the same place as a newly charged crime?
California, United States of America
What is a plaintiff's right to a proportional share of water from a stream?
California, United States of America
Does the reasonable doubt standard apply to direct evidence?
California, United States of America
Does a jury have to consider all of the mitigation evidence presented by defendant in mitigation?
California, United States of America
What is the test for prejudicial evidence in criminal cases?
California, United States of America
What is the test for a conspiracy to commit a crime?
California, United States of America
What is the impact of a child not having to contribute towards their post-secondary education costs?
Ontario, Canada
In what circumstances will a judge order that a defence in a personal injury case is not frivolous?
Saskatchewan, Canada
Is deliberate indifference a standard of care for a plaintiff?
MultiRegion, United States of America
What is the test for a claim under Rule 9-5(1)?
British Columbia, Canada
What is the test for determining whether a suspect should be charged with federal charges?
MultiRegion, United States of America
What is the legal test for establishing a town's population is 1,000?
MultiRegion, United States of America
Is a district court's denial of a proposed jury instruction reviewed de novo or for abuse of discretion?
MultiRegion, United States of America
Can a defendant who has reported another person's defamatory allegation succeed in a plea of justification?
British Columbia, Canada
What is the test for demonstrating discriminatory intent in a civil case?
MultiRegion, United States of America
What is the test for determining whether a defendant's actions were a proximate or legal cause of death in a motor vehicle accident?
California, United States of America
Does a defendant have to waive his right to a jury trial on a charge that includes five prior convictions?
California, United States of America
In an action brought by an injured employee, who settled with a third party who was not aware of the industrial aspect of the settlement, does the employer have a right to reimbursement?
California, United States of America
What are the factors required for res judicata to apply?
British Columbia, Canada
How have courts interpreted the language of Proposition 8 in the context of impeachment?
California, United States of America
What is the test for a court to order a party to attend arbitration?
British Columbia, Canada
Does the Court of Appeal have an obligation to instruct the jury on the lesser included charge of assault with a firearm?
California, United States of America
Can a school report be challenged because it contains impermissible opinion under section 35?
Ontario, Canada
What is the test for overturning a conviction for kidnapping to commit another crime?
California, United States of America
Is there any case where a portion of the interest rate was severed from a foreign judgment?
British Columbia, Canada
Is there a cause of action for loss of consortium for an unmarried cohabitant?
California, United States of America
What is the standard of prejudice review in a personal injury case?
California, United States of America
Does the absence of a case-specific showing of necessity under section 868.5 of the California Penal Code make this statute unconstitutional?
California, United States of America
What is the test for an intoxicated plaintiff in a motor vehicle accident?
British Columbia, Canada
Does a patient waive doctor-patient privilege by bringing an action for personal injury or medical malpractice?
California, United States of America
What is the test for limiting the use of evidence in a criminal case?
California, United States of America
How is the present value of a loss of income calculated when a plaintiff is injured in a motor vehicle accident?
British Columbia, Canada
How have courts interpreted the doctrine of self-defense in cases that address other legal doctrines?
California, United States of America
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules?
Ontario, Canada
Can a defendant who makes a threat to kill a witness or crime victim under section 139, subd. 139, make a specific intent crime?
California, United States of America
Is a dangerous weapon enhancement appropriate in sentencing for drug possession charges?
MultiRegion, United States of America
When an agency has promulgated regulations to give force to a constitutional provision rather than a statutory provision, what is the legal test for interpreting the regulations?
California, United States of America
What is the current law on "reasonableness" and "fairness" of a contract?
British Columbia, Canada
When a police officer draws their guns and tells an individual they are under arrest, does this constitute a seizure?
MultiRegion, United States of America
Does a defendant have a right to choose self-representation?
California, United States of America
Can a plaintiff claim statutory costs under section 1032 of the Code of Civil Procedure where the settlement terms are silent as to costs?
California, United States of America
In what circumstances will a garnishee be able to access the property of a judgment debtor in the possession of a third person?
California, United States of America
What is the force required to kidnap an individual in violation of Section 207 of the Criminal Code?
MultiRegion, United States of America
What is the objective and subjective test used to determine whether a prison official discriminated against a prisoner?
MultiRegion, United States of America
What is the test for denying a habeas corpus petition?
MultiRegion, United States of America
Does a settlement agreement need to be fully enforceable?
California, United States of America
What is the test for admitting testimony of law enforcement officers in a civil case?
MultiRegion, United States of America
What is the test for having access to a child by a third party parent?
Nova Scotia, Canada
What is the test for determining credibility issues in a civil case?
California, United States of America
In what circumstances will a police officer have a reasonable belief that two defendants have a right to resist arrest?
California, United States of America
Can a defendant be convicted of possessing child pornography with a prior conviction requiring registration as a sex offender?
California, United States of America
What is the test for drawing an adverse inference in a family law case?
Ontario, Canada
What is the case law on establishing sufficient evidentiary record in cases involving s. 7 of the Charter?
British Columbia, Canada
What is the test for a Preliminary Inquiry in a sexual assault case?
Alberta, Canada
Is prior conviction evidence in a sexual assault case admissible at trial?
California, United States of America
What is the test for establishing that a gift is not asserted until after the death of the donor?
"New York", United States of America
What is the test in Canada governing the application of Rule 19(24) of the "plain and obvious rule"?
British Columbia, Canada
What is the impact of a property division on the range of spousal support?
Saskatchewan, Canada
What is the scope of a local government's liability in a civil action?
MultiRegion, United States of America
Can an appeal be appealed from a judgment that fails to dispose of all causes of action between the parties?
California, United States of America
What is the test for a probationary to determine whether a defendant has a right to exercise his constitutional right to a reduced sentence?
California, United States of America
What is the test for a criminal defendant to have been successful in an appeal?
California, United States of America
Does the California Homeowner Bill of Rights prohibit "dual track" foreclosures?
California, United States of America
What is the test for lightening the burden of proof in a sexual assault case?
California, United States of America
Does a finding of bad faith need to be considered?
California, United States of America
What is the scope of a search warrant search in a residential unit?
British Columbia, Canada
Can counsel for the respondent rely upon the common law rule of secrecy which would reveal the identity of a police informant?
Canada (Federal), Canada
Is a text message a "call" under the Telecommunications Act?
MultiRegion, United States of America
Can a trade union member sue the other members of the union on the basis of contract?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for "beyond a reasonable doubt" in a motion to appeal against a finding of not guilty?
California, United States of America
What is the test for establishing causation in a personal injury action?
California, United States of America
Is a warrantless search of a parcel seized from a pickup truck after the arrest of an alleged drug dealer not controlling the search of the parcel?
California, United States of America
What is the test for certifying a wrongful dismissal action as a national class action?
Ontario, Canada
How do we review a federal court's ruling on custody issues for clear error?
MultiRegion, United States of America
Does a municipality have to indemnify its officials against a lawsuit?
MultiRegion, United States of America
What is the defence of reflex action in the context of reflex defence?
Ontario, Canada
In what circumstances will a Minister of Natural Resources be allowed to bring an application for judicial review?
Ontario, Canada
What is the test for a non-custodial parent's ability to foster a relationship with her children?
British Columbia, Canada
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property?
Ontario, Canada
What is the history of a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the test for constructive trust in a claim of unjust enrichment?
British Columbia, Canada
Can a defense counsel argue that portions of the written portion of a charge be distributed to the jury in writing?
"New York", United States of America
What is the test for pleading a claim in a personal injury action?
British Columbia, Canada
When there is no dispute as to where legal title resides but there is question as to all or part of the beneficial title, does section 662 of the California Evidence Code apply?
California, United States of America
Is insufficient evidence sufficient to invalidate a claim?
California, United States of America
Does a plaintiff have a right to rescission under the doctrine of frustration?
California, United States of America
What is the test for entering a person's home without a warrant?
MultiRegion, United States of America
Is receiving a stolen vehicle a crime under Section 496 of the California Vehicle Prosecutions Act?
California, United States of America
How have courts dealt with the issue of attorney failure to file a timely notice of appeal?
MultiRegion, United States of America
Is a plaintiff entitled to cross-examining the immunity defense in their claim?
MultiRegion, United States of America
What is the impact of having a child in a decision making process?
British Columbia, Canada
Is this one of those rare cases in which the representation of a defendant by his assigned counsel was inadequate and ineffective?
MultiRegion, United States of America
Does Rule 404(b) apply to defendant proffers of prior bad act evidence?
MultiRegion, United States of America
Can a dock and wharf installed on a neighbouring property prevent a property owner from accessing access to the lake?
Ontario, Canada
Can post-judgment evidence be used to prove that an appeal is moot?
California, United States of America
In what circumstances will a plaintiff not be able to apply for a graduate degree?
British Columbia, Canada
What is the standard of proof for a jury in a sexual assault case?
Canada (Federal), Canada
What is the burden of proof in a sexual assault case?
California, United States of America
What is the test for appeal against juvenile delinquency for possession of cocaine with intent to distribute?
MultiRegion, United States of America
Is a judge's subjective determination of the value of a case?
California, United States of America
Does a gas company have a duty to inspect or repair the gas lines at the time it turns on the gas?
California, United States of America
How is the testimony of a single witness sufficient to support a conviction?
California, United States of America
What is the definition of “cohabitation” and what is the effect of it?
Saskatchewan, Canada
In what circumstances will a defendant be found guilty of possession of cocaine in a shared apartment?
Ontario, Canada
Does a defendant have a constitutional right to consult with his lawyer while he is giving evidence at trial?
MultiRegion, United States of America
Can a convicted burglar have his conviction reduced to a misdemeanor?
California, United States of America
What is the effect of having proper legal advice on an unfair agreement?
British Columbia, Canada
How does the substantial evidence rule apply in a civil appeal?
California, United States of America
Is a district court finding that the banding rule has an impact on a person's health sufficient to be considered adequate?
MultiRegion, United States of America
Does a court abuse its power to deny a defendant's Pitchess motion?
California, United States of America
What is the effect of the Information Bulletin on an employer's ability to recover leave credits?
Canada (Federal), Canada
Is a probationer's probation order designed to deter or discover criminal conduct and/or deterring or discovering subsequent criminal offenses?
California, United States of America
What is the range of relief sought by the respondent in her application for variation of child support?
Saskatchewan, Canada
What is the range of restitution and parole revocation fines imposed on a defendant who has pleaded guilty to a series of criminal charges?
California, United States of America
When a defendant asserts qualified immunity, what are the elements?
MultiRegion, United States of America
What is the test for dismissing without prejudice?
MultiRegion, United States of America
What is the state of the law in relation to a mortgage?
Ontario, Canada
What is the test for finding that misconduct in the criminal justice system infected the trial with unfairness?
MultiRegion, United States of America
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy?
Ontario, Canada
Can an individual be separately punished for violations of section 288 of section 654 of the California Penal Code for multiple sex crimes against a single victim?
California, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
How is the best interests test applied in a personal injury case?
Alberta, Canada
Is there a tort for breach of statutory duty?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
When will the Fifth Amendment apply in civil cases?
California, United States of America
What is the duty of the court in assessing fair value for dissent rights?
British Columbia, Canada
Is a contractual interpretation of a contract enforceable only for palpable or overriding errors?
Saskatchewan, Canada
What is the general nature of a listing agreement?
British Columbia, Canada
What is the test for informed consent in medical malpractice cases?
Ontario, Canada
What is the Attorney General's ground for upholding a search warrant for a house search?
California, United States of America
What is the test for determining whether a search warrant can be obtained without a warrant?
MultiRegion, United States of America
Is battery committed with the use of a deadly weapon a crime of violence?
MultiRegion, United States of America
What is the legal test for disbarring a lawyer who misappropriated client funds but presented mitigating evidence?
California, United States of America
What is the proper approach to assessing non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
Is a mechanic's lien foreclosure a cause of action in contract?
California, United States of America
Can a plaintiff in a civil action for wrongful arrest or detention assert coercion in the context of the enactment of an ordinance that prohibits same-sex marriage?
California, United States of America
What is the test for determining whether discriminatory conduct in the workplace is sufficiently severe or pervasive?
MultiRegion, United States of America
What is the test for a claim that the affairs of a RICO enterprise have been conducted in violation of subsection (c) of Section 1962 of the RICO Act?
MultiRegion, United States of America
What is the impact of a self-employed employee’s business income on the calculation of child support?
British Columbia, Canada
Can a police constable with more than 18 months of service be denied any procedural protections?
Saskatchewan, Canada
Is there any evidence that a loss of fixtures in a home is not a result of loss of value?
British Columbia, Canada
Does a bank have a duty to protect third parties from fraudulent conduct?
MultiRegion, United States of America
Can a defendant withdraw his plea of not guilty at a retrial?
California, United States of America
Does a corporate director owe a duty to the corporation?
California, United States of America
Can an offer of settlement be marked "Without Prejudice"?
Canada (Federal), Canada
What is the legal test for a defendant to challenge his sentence under the Eighth Amendment of the United States?
California, United States of America
What is the test for determining the constitutionality of the BPCPA?
British Columbia, Canada
What is the purpose of a summary petition order?
Nova Scotia, Canada
What constitutes a prima facie infringement of an Aboriginal right to fish the claim area?
British Columbia, Canada
What is the test for a plaintiff to prove that there is a real and substantial possibility of a future event leading to income loss?
British Columbia, Canada
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract?
British Columbia, Canada
Can a litigant who cannot pay the costs of a lawsuit proceed in forma pauperis?
MultiRegion, United States of America
What is the test for an employee to sue their employer for breach of a covenant of good faith and fair dealing?
California, United States of America
What is the test for explanation by a doctor?
Alberta, Canada
What is the test for determining liability in a motor vehicle accident?
California, United States of America
What is the test of "relevant evidence" in a civil case?
California, United States of America
What is the test for validity of a search warrant obtained by affidavits allegedly tainted with illegally obtained evidence?
MultiRegion, United States of America
Can a criminal defendant who takes the stand in his own trial be impeached with a conviction that had been expunged pursuant to section 1203.4 of the California Code of Civil Procedure?
California, United States of America
Can a motion to suppress be heard at a preliminary hearing?
California, United States of America
What is the test for impeaching a witness on a collateral matter?
California, United States of America
What is the standard of care required for an agent to assess the value of a property?
British Columbia, Canada
What is the Canadian Court of Justice's approach to credibility and reliability?
British Columbia, Canada
What is the test for an appellant to argue there was insufficient evidence to justify a finding?
California, United States of America
Is there any basis to interfere with a trial judge's conclusion that there is no cause of action based on the rule in Rylands v Fletcher?
Ontario, Canada
Does the Government have a privilege to withhold from disclosing the identity of witnesses?
MultiRegion, United States of America
What is the difference between bad body odour and bad body smell?
British Columbia, Canada
What is the purpose of the business records exception to the hearsay rule?
California, United States of America
Does a medical device sold by a hospital to a patient create an implied warranty between the hospital and the outside seller or representative?
MultiRegion, United States of America
How have the courts interpreted a lack of guilty intent as an excuse for the publishing of an article by a newpaper when the material was prejudicial to the court proceedings?
Alberta, Canada
What is the test for failure to exhaust?
MultiRegion, United States of America
What is the state of the law on the admissibility of evidence of threats?
California, United States of America
In what circumstances have courts allowed evidence of criminal activity prior to the murder of a police officer?
California, United States of America
What are the fees charged by an expert?
British Columbia, Canada
What is the test for making a threat against someone who has committed a crime that will result in death or great bodily injury?
California, United States of America
What is the burden of proving discretionary function exceptions?
MultiRegion, United States of America
What is the test for whether there has been an unreasonable delay or unreasonable action by the condemner?
California, United States of America
What is the test for consent to cut down trees?
Yukon, Canada
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits?
MultiRegion, United States of America
In what circumstances can a jury infer that a witness has been shackled?
California, United States of America
What is the test for dismissing an application for a writ of habeas corpus?
MultiRegion, United States of America
What is the test for determining the credibility of witnesses in a civil case?
MultiRegion, United States of America
Does a failure to announce the cause of arrest invalidate an arrest?
California, United States of America
Can a lay witness give opinion testimony?
California, United States of America
What constitutes a conspiracy between two or more persons to achieve an unlawful objective?
California, United States of America
