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 establishing purpose or intention in a transaction where there is no compelling case law?
Canada (Federal), Canada
What is the test for intentional infliction of mental suffering?
British Columbia, Canada
Is the de minimis rule applied to state wage claims?
MultiRegion, United States of America
What is the test for representing a plaintiff in a class action?
New Brunswick, Canada
What is the standard for misconduct in the criminal justice system?
California, United States of America
Is there any case law or case law that would have changed the disposition of a defendant in a civil case?
California, United States of America
Is voluntary manslaughter included in the crime of Page 7 of the California Criminal Code?
California, United States of America
What is the standard of review for a trial court to exclude evidence under section 352?
California, United States of America
What is the test for a jury to acquit a defendant in a sexual assault case?
California, United States of America
What is the legal test for a motion to disqualify an attorney?
California, United States of America
What is the test for a jury to convict a defendant of a charge of enticement of a minor for searching online how to kidnap someone simply because he had a general interest in crime rather than criminal intent?
MultiRegion, United States of America
What is the test for self-sufficientness in a spouse?
Ontario, Canada
Does the exclusionary rule apply to a probationer's home search?
California, United States of America
What is the test for a state to justify a limit on a Charter right?
Canada (Federal), Canada
Can a jury overturn a finding that a prosecutor's comments were improperly applied to the jury?
California, United States of America
What is the legal test for probable cause for a wiretap warrant?
MultiRegion, United States of America
What is the definition of violent injury?
California, United States of America
What rights does a defendant have to represent himself in a criminal proceeding?
MultiRegion, United States of America
Does the Attorney General have the authority to strike a sentence pursuant to section 667.5?
California, United States of America
Can the Police Complaint Commissioner rely on s. 54(8) of the Criminal Code Code for the purposes of s.54(8)?
British Columbia, Canada
What is the test for determining whether a defendant has been found guilty beyond a reasonable doubt?
California, United States of America
What is the test for determining whether a defendant had a plan or scheme to commit the offences alleged in this case?
California, United States of America
What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse?
Saskatchewan, Canada
Can a defendant appeal from a final judgment of conviction?
California, United States of America
Does the court need to consider whether to grant a defendant's flight instructions?
California, United States of America
Does the sentencing of a defendant have to be amended or amended after the sentencing hearing held prior to the filing of a notice of appeal?
MultiRegion, United States of America
What is the standard of review of evidence in a sexual assault case?
California, United States of America
Does a consensual encounter between a man and a police officer constitute an investigatory stop?
MultiRegion, United States of America
Is a failure to object to civil jury instructions sufficient to be deemed a waiver?
California, United States of America
What is the current state of the law on the right to periodic representation by counsel after the initial commitment hearing?
MultiRegion, United States of America
What is the law regarding improper fettering of a student?
British Columbia, Canada
How have the courts interpreted expert testimony in the context of supervision of playgrounds?
California, United States of America
What is the state attorney general's opinion on a requirement that appellant have their tattoos removed?
California, United States of America
Is a contract voidable down to the day of the winding-up?
Ontario, Canada
Is there any case law where the court has previously refused to find probable cause on the basis of the evidence provided by NADDIS?
MultiRegion, United States of America
How have the courts interpreted section 196a of the California Probate Code and the survival statute?
California, United States of America
Does a plaintiff have an affirmative duty to remind him he needed to file a claim?
California, United States of America
Can lump sum child support be awarded under the Federal Child Support Guidelines?
British Columbia, Canada
Can an option to purchase be an enforceable contract?
Alberta, Canada
Will a court's finding that a person is a vexatious litigant be upheld on appeal?
California, United States of America
Does AEDPA bar defendants from using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts?
MultiRegion, United States of America
What facts must be considered in determining whether a child has involuntarily withdrawn from parental control?
Ontario, Canada
Can a rational trier of fact have found the essential elements of the crime beyond reasonable doubt?
California, United States of America
Does a jury have a duty to determine liability to a bystander who observes another person being injured?
California, United States of America
What is the principle of presumption of bias in the context of judicial review?
Alberta, Canada
What is the test for overturning a sentence in a personal injury case?
California, United States of America
What is the test for determining whether to set aside a forfeiture for a fugitive who absconded from a federal prison?
MultiRegion, United States of America
What is the test for setting aside a marriage agreement?
British Columbia, Canada
In what circumstances will counsel be ordered to pay special costs in a personal injury action?
British Columbia, Canada
Does a lender have a right to take action on a demand loan?
British Columbia, Canada
What is the effect of the Conveyancing Act, 1881, on a plaintiff's ability to obtain relief against forfeiture?
Saskatchewan, Canada
What is the test for deliberate indifference to medical care in the context of the Eighth Amendment?
MultiRegion, United States of America
In what circumstances will a judge refuse to convict a defendant for possession of stolen property?
Alberta, Canada
What is the test for establishing a mining claim in good faith?
California, United States of America
Can a defendant appeal a sentence imposed under section 646.9 of the Criminal Code for stalking?
California, United States of America
What is the test for obtaining privileged information from a party who is not an officer or servant?
Alberta, Canada
What is the current state of the law on the interpretation of the capacity test?
Ontario, Canada
What is the test for finding there is no agreement?
Manitoba, Canada
What is the test for determining whether a defendant has been entrapped?
MultiRegion, United States of America
What is the test for an insanity defense based on inebriation?
MultiRegion, United States of America
What is the test for knowingly or intentionally manufacturing, distributing, or possessing, a controlled substance?
MultiRegion, United States of America
How have courts interpreted the liberal construction requirement to construe a notice to include a party who was omitted from the notice entirely?
California, United States of America
Can a bankruptcy judge abuse his discretion by failing to rule that a debtor has a valid claim for bankruptcy protection?
federal, United States of America
In what circumstances will a federal grand jury be able to be used in civil litigation?
MultiRegion, United States of America
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case?
MultiRegion, United States of America
What is the test for contributorily negligent for failure to maintain a lookout for a vehicle coming through the intersection?
California, United States of America
Can a prosecutor be found guilty of misconduct in questioning a witness?
California, United States of America
What is the impact of cross-examination in a benefit/cost analysis?
British Columbia, Canada
What is the test for tolling a habeas petition?
MultiRegion, United States of America
What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained?
California, United States of America
Does the doctrine of aider and abettor liability fit with the facts of this case?
California, United States of America
Does a client have to be reimbursed by their attorney if they are successful in obtaining a settlement or judgment?
California, United States of America
What is the test for a plaintiff in a motor vehicle accident to claim damages for personal injury?
Ontario, Canada
What is the burden of proving a warrantless search?
California, United States of America
Does this information need to be disclosed under the Freedom of Information Act?
MultiRegion, United States of America
What is the test for a claim of deprivation in a medical malpractice case?
California, United States of America
What is the current state of the law on the right to exercise outdoors?
MultiRegion, United States of America
Is there any case law supporting the argument that depriving an inmate of outdoor exercise is cruel and unusual punishment?
MultiRegion, United States of America
Can a plaintiff sue for ineffective representation of counsel in a personal injury case?
California, United States of America
Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent?
Saskatchewan, Canada
Is a defense counsel required to anticipate all possible issues, no matter how unlikely?
California, United States of America
Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase?
California, United States of America
What is the legal basis for a district court's dismissal of a motion to dismiss an indictment?
MultiRegion, United States of America
What is the burden on the spouse seeking to exclude property under section 85(2) of the BC SPCA?
British Columbia, Canada
Is a probation condition that prohibits non-criminal conduct valid?
California, United States of America
Can a court order disclosure of confidential information in a custody case where the best interest of the child is the guiding principle?
"New York", United States of America
In what circumstances will a plaintiff be successful in an action for fraud?
British Columbia, Canada
What are the findings of a federal appeals court review on the basis of incompetent counsel?
MultiRegion, United States of America
What is the effect of section 654 of the California Penal Code on a defendant who has committed a crime under the same law?
California, United States of America
Can an attorney be liable for failing to provide competent representation in a civil or criminal case?
California, United States of America
Is there any case law where the court relied on a legal assistant’s affidavit on the issue of intention?
British Columbia, Canada
What is the test for making a threat under section 422 of the California Public Prosecutions Act?
California, United States of America
What is the current state of the law on ineffectiveness claims?
California, United States of America
Is a knowingly false statement of fact a constitutionally protected claim?
California, United States of America
What is the admissibility of evidence relating to misconduct in a criminal case involving an uncharged burglary?
California, United States of America
How do we review the evidence in the light most favorable to the judgment below?
California, United States of America
What is the common law duty of a municipal corporation to keep its highways free of nuisance?
Manitoba, Canada
What duty does an employer have with respect to accommodation for an employee with learning disabilities?
British Columbia, Canada
Can a special endorsement on a specially endorsed writ contain an allegation that notice of dishonour was given?
Alberta, Canada
In what circumstances will a witness be called by the prosecution?
Saskatchewan, Canada
Is affidavit evidence admissible in a motor vehicle prohibition application?
British Columbia, Canada
How have the courts interpreted comments in a defendant's opening brief regarding the prosecution's motion in limine?
California, United States of America
Does the General Counsel have final authority, on behalf of the California Agricultural Labor Relations Board, over the investigation of charges and issuance of complaints under Section 1149?
California, United States of America
What are the implications of the Court of Appeal's decision on a ground of appeal where a party to a motion of appeal has been successful?
Nunavut, Canada
What is the effect of delay in returning a property to its owner?
Ontario, Canada
Can a judge order a limited remand and conditionally reverse the judgment and order a retrospective competency hearing?
California, United States of America
What is the test for applying for a motion for security?
British Columbia, Canada
What is the appropriate time for determining net income loss?
British Columbia, Canada
Does the Attorney General have any grounds to argue that the imposition of the upper term of a sentence for assault was an abuse of power?
California, United States of America
What is the test for a minor to make a voluntary statement to the police?
California, United States of America
What is the test for providing evidence of intentional discrimination in a civil case?
California, United States of America
In reviewing a claim of insufficient evidence, what is the test used to determine whether a criminal threat conviction is valid?
California, United States of America
What is the effect of the "fruit of the poisonous tree" exclusionary rule on cell phone records?
California, United States of America
What is the test for determining whether a defendant is mentally competent to stand trial?
California, United States of America
What is the test for denying a motion for judgment of acquittal?
MultiRegion, United States of America
Can a warrant be obtained via a telephonic warrant?
MultiRegion, United States of America
Is a joint owner of the matrimonial home entitled to set off occupation rent from the amount owing?
Ontario, Canada
How have the courts in B.C. dealt with the sale of real property in a personal injury case?
British Columbia, Canada
Can a defendant cross-examine a witness on cross-examination?
California, United States of America
How have the courts interpreted the Miranda rights of a defendant?
California, United States of America
What is the test for obtaining information in advance of litigation?
Nova Scotia, Canada
Can a patient of a medical caregiver maintain a cause of action for negligent infliction of emotional distress?
California, United States of America
What are the elements of intentional infliction of mental suffering?
Manitoba, Canada
What is the test for establishing a principal's domination and control over a corporation?
federal, United States of America
Is a voluntary confession given by a defendant after they have been arrested admissible?
MultiRegion, United States of America
How have the courts interpreted arguments and remarks by counsel in defence of a motion to overturn a conviction?
California, United States of America
What is the case law that will determine the outcome of this application?
Alberta, Canada
What is the test for determining whether a publication is defamatory?
British Columbia, Canada
Is a bankruptcy court entitled to attorney's fees for an abuse of discretion?
federal, United States of America
What is the proper procedure for a motion for a judgment of acquittal pursuant to Rule 29?
MultiRegion, United States of America
What authority does a court have to impose sanctions on counsel for failing to file a pre-trial order?
MultiRegion, United States of America
What is the impact of COVID-19 exposure on a child's mental health?
Ontario, Canada
What is the test for determining whether a defendant has been found guilty of a constitutional error by the Court of Appeal?
California, United States of America
Is Rule 404(b) abused or abused?
MultiRegion, United States of America
What considerations must be considered in determining the scope of an intervenor’s intervenor?
British Columbia, Canada
What is the range of potential life sentences for the attempted first degree murder conviction?
California, United States of America
What is the standard of review for assessing the sufficiency of the evidence to support a criminal conviction?
California, United States of America
How have courts interpreted the effect of agreed extensions in a contract where one party waives their right to insist on performance by the stipulated time?
Alberta, Canada
Does a jury have a constitutional obligation to instruct the jury that before they convict a defendant of a liquor store robbery they must agree unanimously that he committed the crime?
California, United States of America
What is the basis for denying petitioner's third claim?
MultiRegion, United States of America
What is the test for a motion for a new trial under Rule 33?
MultiRegion, United States of America
How have instructions in a sexual assault case been interpreted in the context of an accomplice's testimony?
California, United States of America
Is there any case law in which a plaintiff has been able to use the word "state" in the context of their claim?
MultiRegion, United States of America
What is the purpose of a second hearing in a refugee application?
Canada (Federal), Canada
Does a defendant have a right to an instruction pinpointing the defense?
California, United States of America
Does the doctrine of "totality of the circumstances" apply?
MultiRegion, United States of America
Does the Double Jeopardy Clause preclude a retrial on a prior conviction in the non-capital sentencing context?
California, United States of America
Does our holding conflict with the definition of a crime of violence?
MultiRegion, United States of America
What are the costs of an offer to settle?
British Columbia, Canada
What is the law on circumstantial evidence in a sexual assault case?
California, United States of America
Is evidence that a defendant committed crimes other than those for which he is on trial admissible?
California, United States of America
What is the test for requiring disclosure on a motion without notice?
Ontario, Canada
What is the test for a plaintiff to proceed in a criminal interest action?
British Columbia, Canada
Can a jury simultaneously find that a victim of rape did not consent to sexual relations but that the alleged perpetrator had a reasonable and good faith belief that the victim had consent?
California, United States of America
Is a male plaintiff of a quit-claim deed and lease valid?
Saskatchewan, Canada
What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer?
British Columbia, Canada
When a defendant changes his or her plea to guilty or no contest in a civil case, does the plea constitute a judicial admission of every element of the charge?
California, United States of America
What is a reasonable attorney's fee?
California, United States of America
What is the test for rejecting an offer of $1 to settle a personal injury claim?
British Columbia, Canada
What is the effect of section 356 of the California Evidence Code on a witness giving evidence?
California, United States of America
Does the Eighth Amendment have to be applied to a pretrial detainee?
MultiRegion, United States of America
How have the courts treated peremptory strikes in jury selection?
MultiRegion, United States of America
What is the test for an order of cause?
California, United States of America
What is the test for cross-complaining in a medical malpractice action?
California, United States of America
What is the test for injunctive relief?
Alberta, Canada
What is the limitation of section 3135 of the California Code of Civil Procedure on residential units?
California, United States of America
What is the scope of a federal agency's "action area" and what is the test for determining its scope?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining if the evidence sufficient to convict a defendant under section 136.1, subdivision (c)(1) of the Penal Code?
California, United States of America
Does a recitation of the charges in writing need to be recited in writing?
MultiRegion, United States of America
Does a single shot at a group of people without more than one shot at the group constitute an attempted murder?
California, United States of America
Does a defendant have privilege not to call the witness?
California, United States of America
Does a defendant have a right to hear and be present during conference questioning of prospective jurors?
"New York", United States of America
Does the Minister have an obligation to restore implied status under section 183(5) and (6) of the Regulations?
Canada (Federal), Canada
What is the basis for a finding of error in a trial court's refusal to instruct a jury to instruct on unanimity in a case where there were three distinct threats that could have constituted violations of section 422 of the Criminal Code?
California, United States of America
What is the test for consent to search the vehicle of a suspect?
California, United States of America
What is the impact of subjective feelings on an employee's employment prospects?
British Columbia, Canada
What constitutes indifference to medical care by prison officials?
MultiRegion, United States of America
When reviewing a conviction upon a guilty plea to an impossible crime, can an accused waive a statutory right to a jury?
"New York", United States of America
Is there a cause of action for breach of contract, breach of the covenant of good faith and fair dealing or fraud?
California, United States of America
Are prior acts of domestic violence admissible in a murder prosecution?
California, United States of America
What is the test for making a derivative claim?
British Columbia, Canada
What is the standard for a jury to consider the evidence presented at trial?
MultiRegion, United States of America
What is the effect of an order of the juvenile court committing him to the Division of Juvenile Justice?
California, United States of America
What is the standard of proof in a review of a finding of no substantial evidence?
California, United States of America
What is the standard for determining whether a conviction must be set aside because of federal constitutional error?
MultiRegion, United States of America
Is a prisoner entitled to the full range of constitutional rights in a disciplinary proceeding?
MultiRegion, United States of America
Is there any case law where a defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive?
MultiRegion, United States of America
What is the test for a landlord who, as a result of its actions, has been found to have both forfeiture and distraint on a tenant's premises?
British Columbia, Canada
Is an attorney retained for litigation or to represent a party in the course of the transaction?
MultiRegion, United States of America
Does a parent have a right to refuse to furnish a child's necessaries in kind?
California, United States of America
How do you qualify a loss in a motor vehicle accident case?
British Columbia, Canada
Does the court have any case law with respect to the interpretation of the law in the context of personal injury cases?
California, United States of America
What is the test for finding plain error in an instruction in a motor vehicle license application?
MultiRegion, United States of America
What is the impact of a long-term marriage on a spouse's ability to pursue employment?
British Columbia, Canada
Does the use of summonses for criminal investigation purposes violate the Fifth Amendment?
MultiRegion, United States of America
What is the legal test to determine the sufficiency of evidence in a criminal case?
California, United States of America
What sanctions were imposed on Petitioners for contempt of court?
California, United States of America
Can a motion to add a defendant after 26 days of discovery be made?
Ontario, Canada
What is the test for deductibility of collateral benefits under automobile policies?
Ontario, Canada
