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.
How to treat a claim of ineffective assistance of counsel?
California, United States of America
What is the impact of a bankruptcy court's decision to approve a settlement for abuse of power?
federal, United States of America
Is a patdown search for weapons justified?
California, United States of America
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent?
Ontario, Canada
Is contributory negligence a factor in determining whether a plaintiff has been injured in a motor vehicle accident?
"New York", United States of America
Can a husband be imprisoned for failing to pay his estranged wife's alimony payments?
California, United States of America
Can a clause in a mortgage agreement be used to change the terms of the loan to a co-covenantor without the consent of the guarantors?
British Columbia, Canada
What is the test for forfeiture of a parcel of property where there is probable cause to believe that property is subject to forfeiture?
MultiRegion, United States of America
What is the impact of drug addiction on a defendant's mental state?
California, United States of America
How have the courts in BC considered the principles of unjust enrichment and resulting trust in real property?
British Columbia, Canada
In a sexual assault case, is third party evidence admissible?
California, United States of America
What is the standard of care required by a medical professional to treat a patient in a motor vehicle accident?
British Columbia, Canada
Does the 9th Circuit have any authority to review a finding that the government has created a situation likely to induce an indicted defendant to make incriminating statements?
MultiRegion, United States of America
Is it too late on an application to confirm a sale to apply for further time to redeem?
Saskatchewan, Canada
What is the test for imposing a trust?
British Columbia, Canada
Third, Does a minor have to rely on a search warrant or other search warrant?
California, United States of America
What is the test for using a firearm in the commission of an enumerated crime?
California, United States of America
Does a brief cross-examination challenged by appellant in a civil case violate the appellant's constitutional due process rights?
California, United States of America
Is there sufficient evidence to establish that defendant committed the attempted murder with the specific intent to promote, further or assist criminal conduct by gang members?
California, United States of America
What is the test for recoverable damages in a personal injury case?
California, United States of America
What is the test for extending a parent’s time under the Child Support Act?
Ontario, Canada
What is the test for rehabilitation of a bankrupt?
British Columbia, Canada
If a defendant "entertained multiple criminal objectives which were independent of and not merely incidental to each other", can he be punished for multiple crimes committed in pursuit of the same objectives?
California, United States of America
What is the standard of proof used to determine whether a defendant is ineligible for resentencing under the Sentencing Reform Act?
California, United States of America
What is the test for direct evidence of loss of reputation?
Nova Scotia, Canada
What is the test for appeal from an order setting aside all or any portion of an indictment, information, or complaint?
California, United States of America
Does section 69(1)(b) of the BC SPCA apply to an individual owner to install a cooling system or part of the cooling system in a strata lot?
British Columbia, Canada
What is the test for making an objection to prosecutorial misconduct?
California, United States of America
Does the natural watercourse rule apply to the discharge of surface water into natural waterways?
California, United States of America
Is there any case law where defense counsel asked an expert whether the killing at issue might have been committed in a rage?
California, United States of America
What are the legal standards for stating a Fourteenth Amendment due process claim?
MultiRegion, United States of America
What is the test for reversal of a conviction under Section 186.22 of the Criminal Code?
California, United States of America
What is the test for a court to consider in determining whether or not a child has been removed from the custody of the access parent?
Manitoba, Canada
What is the test to determine whether an individual is a responsible person within the meaning of section 6672(a)?
MultiRegion, United States of America
Does Defendant have a conviction for accessory to a crime under section 32 of the California Criminal Code?
California, United States of America
Is there any difference in jurisdiction between a provincial court and a federal court?
Ontario, Canada
Is an attempt to commit a crime considered a lesser included offense of the completed crime?
California, United States of America
Is contributory negligence a proper defense to each cause of action?
California, United States of America
Does Section 422.6 of the Freedom of Information Act, which prohibits acts such as vandalism, discrimination, harassment, assault and vandalism constitute "expression/conduct" or "expression"?
California, United States of America
What is the test for a sufficiency of evidence claim?
California, United States of America
Can an employer retaliate against an employee for disclosing information to a person with authority over the employee?
MultiRegion, United States of America
What are the consequences of a defendant's failure to raise the issue of the penal consequences of an admission of sexual assault?
California, United States of America
How have courts dealt with allegations of misconduct in a medical malpractice case?
MultiRegion, United States of America
Is a prospective juror's comment that appellant would be set free if found not guilty by reason of insanity prejudiced the entire jury?
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
How much is a restitution fine determined after the crime has been committed?
California, United States of America
What is the test for establishing there was probable cause for a stop?
"New York", United States of America
Is a defendant entitled to discovery of documents relating to his theory the police planted contraband on his person?
California, United States of America
What is the test for a claim of excessive force in the course of making a seizure of a person?
MultiRegion, United States of America
What is the test for admitting evidence that a defendant committed crimes other than those for which he is on trial?
California, United States of America
Is a finding that a defendant possessed a firearm during the commission of a narcotics crime reviewed for clear error?
MultiRegion, United States of America
What sanctions were imposed on Petitioners for contempt of court?
California, United States of America
What is the effect of section 654 of the California Criminal Code on a sentence for assault with intent to cause grievous bodily harm?
California, United States of America
When will a defendant's application under Rule 19(24)(a) be struck out?
British Columbia, Canada
In a motion to suppress, does the court have to review evidence in the light most favorable to the prevailing party?
MultiRegion, United States of America
When will an application to extend the time to file an appeal be dismissed?
British Columbia, Canada
What is the test for punitive damages in a medical malpractice case?
California, United States of America
What are the reasons for a reduction in disbursement of disbursements from The Queen?
Canada (Federal), Canada
What is the burden of proving that she was not a resident of B.C. for at least a year prior to the filing of her petition in this proceeding?
British Columbia, Canada
What is the current state of the law on the interpretation of evidence section 356 of the Alberta Evidence Code?
California, United States of America
Is there any prejudice against another man because of his skin?
Manitoba, Canada
Is there a duty of a trial court to investigate or suppress a search warrant obtained during a search?
California, United States of America
What is the probability that counsel intentionally refrained from requesting a pinpoint instruction in a heat of passion defense?
California, United States of America
Can a disparity in incomes with substantial increase in one party's income constitute a significant change in circumstances?
British Columbia, Canada
What is the test for a claim for occupational rent?
British Columbia, Canada
What is the legal test for a judicial misconduct finding that the mere possibility of misconduct is reasonable?
MultiRegion, United States of America
What is the test for a finding of prosecutorial misconduct?
California, United States of America
Does Article XXVIII of the Arizona Constitution prohibit the use of non-English as official language by state and city agencies?
MultiRegion, United States of America
What is the impact of overhead claims?
British Columbia, Canada
What is the standard of conduct of a personal injury lawyer in professional negligence cases?
California, United States of America
When there are multiple acts presented to the jury that could constitute the charged offense, and the prosecution has not elected one act, is a defendant entitled to an instruction on unanimity?
California, United States of America
What is the standard of review in a child support application?
Manitoba, Canada
In what circumstances will a judge limit an award of special costs to a specific time period?
British Columbia, Canada
How have the courts interpreted the rule that negotiable paper is good in the hands of a bona fide holder?
"New York", United States of America
Is there any case law where a plaintiff has access to substantial financial support from his parents?
British Columbia, Canada
Is a warrant valid to search a person's home?
MultiRegion, United States of America
Is a 47 year old printing press operator with a high school education and no supervisory responsibility awarded 10 months’s pay in lieu of notice?
Ontario, Canada
What is the test for establishing that a state is bound by federal law?
MultiRegion, United States of America
How have courts dealt with discrimination against non-Canadian citizens on the grounds of citizenship and place of origin?
Alberta, Canada
In what circumstances can the Federal Bureau of Investigation and the Office of Personnel Management be reviewed in a judicial review?
MultiRegion, United States of America
When an employment contract purports to cover employment claims based on statutory or non-waivable rights or statutory rights, what are the requirements of an arbitration agreement?
MultiRegion, United States of America
What is the test for admitting or not admitting evidence in a sexual assault case?
California, United States of America
Does the jury's finding that the victims of the attempted murder counts were peace officers?
California, United States of America
What is the test for a pro se pleading in a civil rights case alleging inadequate medical care at a prison?
MultiRegion, United States of America
What is the test for establishing a beneficial interest in real property in derogation of title?
California, United States of America
What is the legal test for an appellant to overturn a conviction for an attempted robbery and an attempted burglary?
California, United States of America
What is the interpretative principle to apply to the statutory leave test?
Ontario, Canada
What is the test for denying a motion to suppress evidence seized from the scene of arrest?
MultiRegion, United States of America
What is the test for reviewing a district court's decision to deny a petition for habeas corpus?
MultiRegion, United States of America
Does a subcontractor have an interest in the outcome of an arbitration?
Ontario, Canada
Can a cause of action succeed based on a second baseman's throw?
California, United States of America
Is section 672 of the California Criminal Code a "catchall provision" allowing a fine to be imposed for every crime?
California, United States of America
Does a court have a sua sponte duty to instruct on mental impairment as a defense?
California, United States of America
Does a motion to Dismiss a cause of action alleging that Defendant conspired to deprive plaintiff of personal property pursuant to a conspiracy to deprive him of his assets pursuant to 18.C. Section 241 of the Criminal Code?
MultiRegion, United States of America
What is the burden of establishing that the 53rd Street business apartment is a primary residence for the tenant?
"New York", United States of America
Does the statute of limitations apply to a home loan application?
California, United States of America
What is the test for assessing damages in a personal injury action?
British Columbia, Canada
What is the test for damages for future care costs in a motor vehicle accident?
British Columbia, Canada
What is the doctrine in law and what is the effect of keeping an animal that escapes from its enclosure?
British Columbia, Canada
Does a probation officer miscalculate the amount of good conduct credit awarded to a defendant under section 2931 of the California Probation Code?
California, United States of America
What are the elements of a "for hire" violation in section 58 of the Federal Criminal Code?
MultiRegion, United States of America
Does the term "guilty" or "aider and abettor" apply to both a defendant and a defendant in a sexual assault case?
California, United States of America
In what anti-SLAPP cases have been in which the moving parties introduced entirely new evidence?
California, United States of America
Can a witness be called before he is sworn to testify against self-incrimination?
MultiRegion, United States of America
What is the effect of a motion denying a motion by a federal district court seeking enhanced penalties for someone who uses or carries a firearm in connection with a crime of violence?
MultiRegion, United States of America
What is the test for a judge to be disturbed on appeal?
California, United States of America
In a personal injury action, in what circumstances will attorney's fees be awarded?
California, United States of America
What is the test for determining whether a professional who adheres to common professional practice is liable for negligence in a medical malpractice case?
Ontario, Canada
Does the Court of Appeal have found that the excessive fines clause in the Eighth Amendment is unconstitutional?
California, United States of America
In what circumstances will a prosecutor be permitted to use contradictory statements by the same witness in two separate criminal trials?
California, United States of America
What is the burden of proving a crime committed without the consent of the accused?
California, United States of America
What is the test for a defendant to stand out from the other defendants in a witness box?
California, United States of America
What is the test for recoverable damages for breach of contract?
Canada (Federal), Canada
What are the implications of enhanced sentencing provisions in criminal law?
California, United States of America
Is there a right of action for intrusion upon seclusion?
Nova Scotia, Canada
Can a defendant be excluded from an examination for discovery of a representative?
Ontario, Canada
In deciding a motion to dismiss for failure to exhaust administrative remedies, in what circumstances will a court look beyond the pleadings and decide disputed issues of fact?
MultiRegion, United States of America
What are the elements of damages for personal injury?
Alberta, Canada
What is the test for a motion to suppress evidence?
California, United States of America
Can a defendant be convicted of murder as a direct perpetrator or as an aider and abettor?
California, United States of America
Is there a good faith defense to deny a person's right to periodic review of confinement in administrative segregation?
MultiRegion, United States of America
What is the law of the case doctrine and what is the effect of the law-of-the case doctrine?
California, United States of America
What is the likelihood of a party obtaining a deduction for notional costs of sale?
Ontario, Canada
Is proportionality proportionality a factor in determining whether a matter should proceed to a trial?
British Columbia, Canada
What is the test for voiding a water agreement?
British Columbia, Canada
What is the current state of the law on the issue of risk factors in a cessation hearing?
Canada (Federal), Canada
Does section 667 of the California Penal Code constitute "two ... nearly identical statutory schemes"?
California, United States of America
In what circumstances will the court apply the totality circumstance test to determine whether the police acted reasonably in responding to a complaint?
California, United States of America
What is the standard of review in the context of an investigation into the handling of evidence by the Police and the Prosecutor?
California, United States of America
Can a federal district court review a final judgment of a state court?
MultiRegion, United States of America
Is a temporary restraining order against an animal welfare group enforceable?
MultiRegion, United States of America
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code?
California, United States of America
What is the test for dismissing an action for failure to comply with any order?
MultiRegion, United States of America
What is the initial onus on a party in a motion to evict a person from their home?
Manitoba, Canada
Is a dominant driver entitled to continue on if the left-turning driver has the right-of-way?
British Columbia, Canada
Does a plaintiff have to have a reasonable belief that it was lawful to sue for damages against a defendant who acted in bad faith?
MultiRegion, United States of America
What is the test for obtaining a reasonable time?
California, United States of America
What is the test for making a "prima facie" showing that jurors were being excluded on the basis of racial or group identity?
California, United States of America
How have the Law Society of BC dealt with the preparation and swearing of affidavits?
British Columbia, Canada
How does section 1382 of the Penal Code apply?
California, United States of America
What is the test for damages under s. 24(1) of the Charter?
Ontario, Canada
Is clause 32 of a Lease enforceable?
Manitoba, Canada
What is the legal test for non-compensationary support for a plaintiff in a personal injury case?
British Columbia, Canada
What is the test for constructing a reasonable statute?
California, United States of America
What is the test for denying a motion to suppress a search?
MultiRegion, United States of America
What is the test for granting an application for an extension of time?
Canada (Federal), Canada
What is the test for credibility in a witness testimony?
California, United States of America
What is the test for determining whether a plaintiff has been denied a right to sue for wrongful dismissal?
California, United States of America
What are the legal implications of a voluntary pretrial dismissal of an action?
California, United States of America
Is there any case law in which a defendant is held to answer two counts of burglary in violation of section 496 of the Penal Code?
California, United States of America
Is the sentence imposed by the trial court consistent with the law?
California, United States of America
What is the liability of a vehicle seller under Vehicle Code 14606?
California, United States of America
Is a search for illegal aliens permitted at a border search?
MultiRegion, United States of America
What is the test for proximate cause?
MultiRegion, United States of America
What is the difference between the parties to the rule on garbage disposal?
British Columbia, Canada
What is public interest immunity for a plaintiff in a civil matter?
Alberta, Canada
What is the burden of proof in determining eligibility for resentencing under Proposition 47?
California, United States of America
What is known as an as applied challenge to a statute?
California, United States of America
Does a lessor have covenanted that neither he nor his "assigns" will erect or permit a building in front of the building line on land adjoining the lessor's premises?
Saskatchewan, Canada
What is the test for assessing damages for loss of opportunity?
Canada (Federal), Canada
Is a defendant permitted to argue that his counsel's failure to object to the designation of "felony" was tactical?
California, United States of America
Can a co-tenant claim occupation rent when he or she has been ousted from the property?
British Columbia, Canada
What is the test for insufficiency evidence in a criminal case?
California, United States of America
Does a chattel mortgage need to be rescinded if the mortgagor is a tenant of a property where the mortgage was made prior to the tenant becoming a tenant?
Saskatchewan, Canada
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act?
Saskatchewan, Canada
Does a suspect have the right to remain silent?
MultiRegion, United States of America
What is the test for failing to provide adequate notice of objection to a criminal conviction?
MultiRegion, United States of America
What is the state of the law on fingerprint ID?
California, United States of America
Does a lesser included offense instruction need to be given only when the evidence warrants such a instruction?
MultiRegion, United States of America
What is the standard of proof in a civil action?
Alberta, Canada
What are the elements of a felony-murder special-circumstance allegation?
California, United States of America
What is the test for damages for breach of fiduciary duty?
Ontario, Canada
What is the effect of a lawyer's failure to file an appeal?
MultiRegion, United States of America
What is the test for enforcing a common law common law agreement?
British Columbia, Canada
What is the test for a person to be deemed a "defendant" of a crime?
California, United States of America
What constitutes an assault with a firearm?
California, United States of America
Does the court's instruction that the use of the mail must be part of the fraudulent scheme adequately cover this defense?
MultiRegion, United States of America
Can a defendant who pleads guilty to either a felony or a misdemeanor be denied the absence of prejudice on appeal from a guilty plea?
California, United States of America
Can a corporation be held liable for the debts of its affiliate corporations?
California, United States of America
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order?
California, United States of America
What is a conditional sentence for sexual assault?
British Columbia, Canada
What is the test for reversing a jury's verdict in a felony-murder case?
California, United States of America
In a motion to alter or amend the terms of a motion for bankruptcy protection, how have the courts dealt with the issue?
federal, United States of America
What is the test for whether a complaint has been filed in time for the purposes of determining whether there was a timely incident of discrimination?
British Columbia, Canada
In reviewing a purportedly erroneous instruction, what is the test for determining whether the jury has applied the instruction in a way that violates the Constitution?
California, United States of America
Does the good faith exception apply even when a warrant is void ab initio?
MultiRegion, United States of America
What is the test for amendment to pleadings in civil litigation?
California, United States of America
What is the standard of review of an issue of jurisdiction?
Nova Scotia, Canada
What is the effect of an order denying leave to file a late claim for abuse of discretion?
California, United States of America
What is the test for putting a plaintiff in a position she would have been in if she had not been injured in a motor vehicle accident?
British Columbia, Canada
Does a collective agreement preclude a plaintiff from bringing a second action in the Superior Court of Justice for Charter breaches?
Ontario, Canada
What is the standard of review in the context of a criminal case involving direct evidence against a defendant?
California, United States of America
What is the date of defendant's appeal and request for a certificate of probable cause?
California, United States of America
How has the doctrine of mootness been interpreted in the context of a personal injury action?
Manitoba, Canada
Can an offer to buy land be accepted at a price that includes tax arrears, costs and interest?
Alberta, Canada
What is the Equitable Duty of Confidentiality and what are the implications of this?
Alberta, Canada
Does the crime of stealing property from the person, even if the value of the property is low, need to be treated as a felony rather than a petty theft?
California, United States of America
What is the relevant case law in the context of sexual assault cases?
California, United States of America
Does the mere fact that a passenger is injured while riding on a public carrier constitute a prima facie case of negligence?
British Columbia, Canada
What is the standard for applying Rule 11 sanctions in the 9th Circuit?
MultiRegion, United States of America
