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 proportion of pre-tax corporate earnings of a company over which he has a controlling interest?
British Columbia, Canada
What is the lodestar for a personal injury attorney?
MultiRegion, United States of America
What is the burden of establishing that counsel's performance was deficient and unprofessional?
California, United States of America
On appeal, what analysis applies to a motion to reopen?
MultiRegion, United States of America
What are the consequences of an employee stealing from a grocery store?
Nova Scotia, Canada
What is a defendant's right to present evidence at trial?
California, United States of America
Can a prison officer sue for retaliation against a prisoner for his exercise of his First Amendment rights?
MultiRegion, United States of America
In what circumstances will a judge order the production of materials relevant to a Charter challenge?
Ontario, Canada
What is the preponderance of evidence in a sexual assault case?
Ontario, Canada
Is a state police officer immune from civil action for improper search, seizure and imprisonment?
MultiRegion, United States of America
Can a former employee financial advisor solicited customers?
British Columbia, Canada
In what circumstances can a jury infer that defendant considered the possibility of murder in advance?
California, United States of America
What is the test for establishing that a jury can be corroborated and disproved?
California, United States of America
How have courts dealt with an option to purchase in a written lease agreement?
California, United States of America
What is the test for whether a suspect has invoked his right to counsel?
California, United States of America
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?
California, United States of America
What is the impact of disruption of sibling relationships between the parties?
Saskatchewan, Canada
Is there double jeopardy when a federal court dismisses an allegation of sexual assault?
MultiRegion, United States of America
Is appellant's contention that there is insufficient evidence to support his claim of innocence on appeal cognizable on appeal?
California, United States of America
When is a cell searched by a jail officer?
MultiRegion, United States of America
What is the test for establishing a dominant purpose within a document?
British Columbia, Canada
What is the test for the good faith defense?
MultiRegion, United States of America
Can a party to a family law case make a motion for a transcript of the proceeding?
Ontario, Canada
Is a physician required to possess and use that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar circumstances?
British Columbia, Canada
What are the options available to a client who has been advised by their lawyer that their lawyer is in breach of their fiduciary duty?
Canada (Federal), Canada
What is the meaning of the "contrary to" or "unreasonable application" clause in Section 2254(d)(1) of the Criminal Code?
MultiRegion, United States of America
Is equitable set-off applied to a mortgage on a parcel of land that was exchanged between two parties?
Alberta, Canada
Can a court apportion all the cost of an expert witness to one side?
MultiRegion, United States of America
What is the effect of the opposition of the owners of a Strata Plan NW 2644 A992067?
British Columbia, Canada
What is the current state of the law on minimum lot sizes?
California, United States of America
What is the effect of defendant waiving medical malpractice claims?
California, United States of America
What is the impact of admitting expert testimony for abuse of abuse?
California, United States of America
Can a jury overturn a finding of not guilty on the grounds of misadventure, error or prejudice?
California, United States of America
What is the law on the role of a judge and jury?
MultiRegion, United States of America
What is the test for determining whether a minor was responsible for a sexual assault on a minor?
California, United States of America
What is the difference between a plaintiff and plaintiff in a personal injury action brought by a husband who assaulted his wife while she was working at Market Basket?
California, United States of America
What if a jury could not agree on which act was offending?
California, United States of America
What is the standard for review of a sentence imposed by a federal district court?
MultiRegion, United States of America
Does the 9th Circuit have jurisdiction to hear the appeal from the district court's order denying the petition for writ of habeas corpus?
MultiRegion, United States of America
Is subrogation permitted against contractors and subcontractors?
Yukon, Canada
What authority does a federal district court have to revoke probation?
MultiRegion, United States of America
When an argument alleging lack of compliance with the statute of limitations is raised for the first time on appeal, is it appropriate to take judicial notice of pending civil actions?
California, United States of America
What is the scope of a search warrant for a child pornography offence?
MultiRegion, United States of America
Is testimony of a single witness sufficient to convict a defendant?
California, United States of America
What is the test for the presumption that a trial court properly exercised its discretion in granting a conditional discharge?
California, United States of America
What is the test for reversal of a finding under section 352 of the California Code of Civil Procedure?
California, United States of America
What is the current state of the law in the context of Section 413 immunity?
California, United States of America
What is the appropriate damage remedy for a violation of the fifth amendment due process clause?
MultiRegion, United States of America
What is the objective standard for determining the commission of a lewd or lascivious sexual act?
California, United States of America
What is the test for a charge of aiding and abetting murder?
California, United States of America
What is the test for abuse of discretion in criminal law?
California, United States of America
What is the legal basis for a brief in a personal injury case?
California, United States of America
Does the Attorney General have any regrets about refusing to grant proferred instructions?
California, United States of America
How have courts interpreted the words "plain and clear" in the context of a claim?
California, United States of America
What is the test for loss of income earning capacity in a plaintiff's claim?
British Columbia, Canada
Under what circumstances can a police officer search a vehicle incident to a recent occupant's arrest?
California, United States of America
What is the test for unjust enrichment in the context of Rule 221?
Alberta, Canada
What is the legal test for dismissing a motion for lack of prosecution?
MultiRegion, United States of America
What is the burden of proving that the amount of damages sought by appellant was excessive?
California, United States of America
What is the test for removing a personal representative?
Nova Scotia, Canada
What is the impact of long-term marriage on spousal support?
British Columbia, Canada
Can a defendant appeal his conviction for assault against a judge's order to resent his sentence?
California, United States of America
Is it proper for a defendant to flee from the scene of a crime where there is evidence that they were conscious of guilt?
California, United States of America
What is the test for an easement?
New Brunswick, Canada
What is the test for determining whether a defendant is liable for damages caused by a dog in a dog walk?
Ontario, Canada
What is the current state of the law on supervised release?
MultiRegion, United States of America
Can a defendant appeal from a judgment of conviction entered on a plea of guilty or nolo contendere?
California, United States of America
What is the standard of discovery in criminal cases?
British Columbia, Canada
What is the scope of a prosecutor's argument to the jury that a defendant's good character and his religious devotion are to be considered in aggravation?
California, United States of America
How have the courts in BC dealt with the separation of a married couple who were married in Beijing, China and subsequently immigrated to Canada?
British Columbia, Canada
Is there a procedural default with respect to a claim that malicious use of explosive materials pursuant to 18.C. 924(c)(1) is not a crime of violence?
MultiRegion, United States of America
In what circumstances will an insured make a false statement about a car accident?
British Columbia, Canada
How to review a finding that a police officer "knew or reasonably believed" a subject was on probation or PRCS?
California, United States of America
What is responsive rebuttal evidence in a medical malpractice case?
British Columbia, Canada
What is the impact of time spent by a plaintiff on legal fees?
Ontario, Canada
Does the Ellis Act prevent a city from passing an ordinance that would have restricted the right of landlords and homeowners to go out of the business of renting?
California, United States of America
Is there insufficient evidence of asportation where the victim's movement was merely incidental to the crime?
California, United States of America
Does Section 654, subdivision (a) of the California Code of Civil Procedure apply to punish a defendant who has committed multiple offences against the same person at the same time?
California, United States of America
Is there an irreconcilable difference between Page 12 appointed attorney and defendant counsel?
California, United States of America
How have the appellants argued that the district judge misstated the law of multiple conspiracies?
MultiRegion, 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 test for admitting character evidence in a criminal case?
California, United States of America
How have courts interpreted the continuous conduct exception in determining whether a crime is continuous in nature?
California, United States of America
Can a probationer be punished for presence, possession, or other actions without the knowledge required?
California, United States of America
What is the test for an oral pronouncement of a sentence in a criminal case?
California, United States of America
Does a plaintiff have to replace all of the foundations of a house that was damaged in 1992, but were not replaced immediately after 1992?
Ontario, Canada
What is the test for ordering payment of extraordinary expenses?
Manitoba, Canada
What authority exists to remove a judge from office for gross misconduct?
"New York", United States of America
Can an application for habeas corpus with certiorari in aid succeed?
British Columbia, Canada
What is our review of a district court's denial of safety valve relief?
MultiRegion, United States of America
Is a bar disqualification rule issued by the California Bar Association a procedural weapon in disqualification cases?
California, United States of America
What is the test for determining whether a defendant is able to pay a restitution fine above the statutory minimum?
California, United States of America
Is it negligent to move a bus from a bus stop when a passenger boards when it is raining?
Ontario, Canada
What is the test for credibility in a peace officer’s report?
British Columbia, Canada
Is there any evidence of deliberate indifference in the context of medical malpractice claims?
MultiRegion, United States of America
Does a defendant have the authority to raise an ineffective counsel claim?
California, United States of America
What is the test for determining whether an instruction is erroneous?
California, United States of America
What are the right and the wrong instructions?
California, United States of America
Does a claimant have a right to appeal an award made against them?
"New York", United States of America
Is there any case law that supports the argument that a defendant was punished for successfully severing the unrelated criminal charges from two separate criminal charges?
MultiRegion, United States of America
What is the test for assessing the value of past loss of earning capacity at paras 175, 178 and 175?
British Columbia, Canada
Can ICBC argue that s. 91 of the Insurance Code of Canada Act, s.91(1) of the Code of Civil Procedure, or s.92 of the Act, be interpreted in the context of statutory interpretation?
British Columbia, Canada
What is the standard of review for a summary trial?
British Columbia, Canada
What is the test for determining who owns a parcel of land in the disputed area?
British Columbia, Canada
What are the legal principles to be considered on an adjournment application?
British Columbia, Canada
What is the test for making a gang registration order?
California, United States of America
Is a reduction in the capacity of a person to perform housekeeping tasks a compensable loss?
British Columbia, Canada
What is the current state of the law in relation to the prosecution of a defendant in the Mendez-Rodriguez case?
MultiRegion, United States of America
What is the test for dismissing an employee for mitigation efforts?
British Columbia, Canada
Is counsel ineffective for failing to challenge the admissibility of wiretap evidence?
MultiRegion, United States of America
What is a reasonable probability of a more favorable result within the meaning of Watson?
California, United States of America
What is the test for giving a defendant notice of criminal charges?
California, United States of America
What is the burden shifting instruction in alternative causation cases?
California, United States of America
What is the test for a judge to determine whether a child has been released from custody under a different custody arrangement?
British Columbia, Canada
What is considered an aggravating fact in a criminal case?
California, United States of America
Is a motion denying a motion to disqualify an opposing attorney's attorney appealable?
California, United States of America
Does the Court have jurisdiction to stay a claim?
Nova Scotia, Canada
In what circumstances have courts considered the importance of due diligence in determining whether a company’s claim is reasonable?
Ontario, Canada
What is the meaning of the phrase "to benefit a criminal street gang"?
California, United States of America
How have courts dealt with a discrepancy between the written and orally delivered instructions in a trial?
California, United States of America
What is the test for using a tape recording as evidence in a criminal trial?
MultiRegion, United States of America
How have the courts interpreted section 6403 of the Federal Elections Act?
California, United States of America
What is the relevance of other decisions in assessing non-pecuniary damages?
British Columbia, Canada
What is the test for a spouse to meet the spousal support objective of economic self-sufficiency?
British Columbia, Canada
Does a finding of exigent circumstances require reversal of the district court's finding regarding the presence of an exigent circumstance?
MultiRegion, United States of America
What is the test for determining whether a taxpayer's home is a tax haven for purposes of section 162(a)(2) of the Tax Code?
MultiRegion, United States of America
What are the elements of a cause of action in unjust enrichment?
Yukon, Canada
What is the effect of section 1203.2 of the Penal Code when a probationary term expires?
California, United States of America
When will a judge refuse to hear a coram nobis and habeas corpus application?
MultiRegion, United States of America
What is the current state of the law in the context of mental impairment in a criminal case?
MultiRegion, United States of America
What is the test for reviewing a trial court's decision not to admit or exclude evidence?
MultiRegion, United States of America
What is the effect of a suspended imposition of sentence on two counts of assault under section 654 of the Criminal Code?
California, United States of America
What is the difference between an affidavit and a transcript?
Alberta, Canada
How have the courts treated a motion for a continuance in the opening brief?
California, United States of America
What authorities have been cited in support of the "settled rule that when the court of chancery has gained jurisdiction of a cause for one purpose, it may retain it generally for relief"?
"New York", United States of America
What is the test for a finding of guilty beyond a reasonable doubt?
California, United States of America
What is the test for civil forfeiture?
"New York", United States of America
Is a decision to dismiss an action for failure to file an amended complaint in a timely manner an abuse of discretion?
MultiRegion, United States of America
Can a search and seizure be saved by the fact that the person searched was on parole?
California, United States of America
What is the test for establishing that there is a presumption of a crime as an element of the crime?
California, United States of America
What are the circumstances under which an employer can be held liable for punitive damages?
California, United States of America
What is the test for making a defendant pay restitution?
California, United States of America
What is the test for exhaustion of the Director's level of review?
MultiRegion, United States of America
What are the risks of attaching excessive weight to police testimony?
Canada (Federal), Canada
What is the test for striking a pleading under sub-rule 9-5(1)(a)?
British Columbia, Canada
Is a cheque marked “in full of claim” valid?
Saskatchewan, Canada
When a defendant is convicted of a felony violation of section 246 of the Criminal Code for the purpose of participating in a criminal gang?
California, United States of America
What is the legal test for dismissing a petition for a writ of appeal?
California, United States of America
How has section 1 of the Interpretation Act, 1889, been interpreted?
Alberta, Canada
What is the test for cross-examining on an affidavit?
British Columbia, Canada
Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn?
Ontario, Canada
Is the court abused its discretion in refusing to protect a witness in a sexual assault case from the possibility that the prosecution witnesses in the case colluded to corroborate their testimony?
California, United States of America
What is the test for determining whether a person has the financial capacity to pay a fine?
California, United States of America
What is the test for deliberate and premeditated first degree murder?
California, United States of America
What is the current state of the law on the right to enter a person's home and ask for personal information?
California, United States of America
When will the court grant relief under the Fletcher doctrine under the Rylands v. Fletcher doctrine?
Ontario, Canada
Is a defendant's criminal record sufficient to show familiarity with the criminal justice system?
California, United States of America
In what circumstances will police obtain a search warrant for a vehicle that has been impounded and found a murder weapon in the vehicle?
California, United States of America
How has the hearsay rule been interpreted in the context of expert testimony?
Ontario, Canada
What is the legal burden of proving the validity of a Power of Attorney and Codicil?
Manitoba, Canada
In what circumstances will a court impose sanctions on a plaintiff for refusing to accept the Consent Decree?
MultiRegion, United States of America
Is a failure to instruct on accomplice liability harmless?
California, United States of America
What is the impact of s. 2(b) of the Charter on search warrants?
Newfoundland and Labrador, Canada
Can a defendant withdraw his guilty plea under section 1018 of the Criminal Code?
California, United States of America
What is the test for a constitutional argument that someone has a constitutional right to participate in a peaceful protest?
"New York", United States of America
What is the test for having a judgment in a personal injury action against a defendant?
California, United States of America
Can police interrogation of an inmate before and after receiving medical treatment at a prison infirmary noncustodial for purposes of Miranda?
California, United States of America
Does a police officer have a right to search a desk drawer containing evidence that has been hidden away in a storage bin?
California, United States of America
What is the test for admissibility under section 352 of the Fourteenth Amendment due process rights?
California, United States of America
Can a defendant be charged with grand theft person in a murder case?
California, United States of America
What is the effect of the finding that W.D. was a child in need of protection and the disposition placing her in the care of the Director of Child Protection?
Prince Edward Island, Canada
What is the test for determining whether a defendant's livelihood is a criminal livelihood?
MultiRegion, United States of America
What is the real reason why a husband repudiated a child support agreement?
Ontario, Canada
Can a master be held liable for excessive punishment?
Saskatchewan, Canada
What is the test for reasonable diligence on a third arbitrator?
California, United States of America
What is the burden of discovery for the defence of fraud going to the merits?
British Columbia, Canada
Is discourteous conduct toward the judge a contemptuous conduct?
California, United States of America
What is the test for exhausting all remedies available to a prisoner in a civil case?
MultiRegion, United States of America
What is the test for possession of stolen property?
California, United States of America
How has section 186.22 of the California Penal Code been interpreted?
California, United States of America
What is the test for ordering the rectification of a title register?
New Brunswick, Canada
Does a trial court have a sua sponte duty to instruct on all of the elements of a charged offense?
California, United States of America
What is the test for premeditation in a murder case?
California, United States of America
What is the test for "motive" in a criminal case?
California, United States of America
In what circumstances will a defendant be found competent to testify at trial?
MultiRegion, United States of America
In what circumstances will a judge review an order for a civil jury in a personal injury case?
Alberta, Canada
Is there a reasonable likelihood that the jury misconstrued or misapplied its words?
California, United States of America
What evidence is conscriptive?
Ontario, Canada
Is a witness's fear of violence relevant to their credibility?
California, United States of America
What is the test for determining whether a judge acted in an "arbitrary, capricious or patently absurd manner"?
California, United States of America
In what circumstances will the jury consider the evidence in the light most favorable to the losing party?
California, United States of America
Can a waiver be voluntary if the police block the invocation of rights?
California, United States of America
What is the effect of a judgment of dismissal against a defendant in a civil case?
California, United States of America
Can a defendant bring a motion for assistance of counsel against the court for a mistrial?
California, United States of America
What is the volenti defence?
British Columbia, Canada
Does short-term disability benefits paid to a terminated employee from September 17, 1991 include overtime payments made by the terminated employee in the calculation of damages for wrongful dismissal?
Ontario, Canada
What is the test for "willfully" using the word "intentionally" in the context of the provisions of the California Civil Code?
MultiRegion, United States of America
Can a union be held liable for failing to accommodate an employee's religious beliefs?
Saskatchewan, Canada
What is the test for an interim distribution in a long-term disability case?
British Columbia, Canada
What is the test for loss of opportunity to bid on a contract?
Alberta, Canada
