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 reasonableness in a construction contract?
Nunavut, Canada
What is the standard of review under the Privative Clause?
Yukon, Canada
What is the test for self-incrimination in a motor vehicle case?
British Columbia, Canada
Does the forfeiture rule apply to issues raised for the first time on appeal?
California, United States of America
What is the test for an exception to the normal limitations principles?
Alberta, Canada
Can a judge other than the one who heard the divorce proceedings determine the issues of maintenance and s. 8 claim following a registrar’s report?
British Columbia, Canada
What is the scope of an action brought by a property located close to the rail tracks?
British Columbia, Canada
If a shipowner falsifies a bill of lading, does the ship owner have to pay the shipowner's liability?
MultiRegion, United States of America
Does a plaintiff have to prove that he was "merely present" at the scene of the alleged burglary?
California, United States of America
What is the test for a reversal of a sentence for a convicted criminal convicted of a prior serious or violent crime?
California, United States of America
How have courts interpreted Vavilov in the context of a statutory review of an administrative decision?
British Columbia, Canada
What is the test for making a claim under section 2251(d) of the Criminal Code?
MultiRegion, United States of America
What is the difference between records of a plaintiff's accident and those of a physician's response to litigation?
British Columbia, Canada
What is the test for determining that a plaintiff’s negligence was the cause of her current symptoms?
British Columbia, Canada
What is the standard of review for a Master's decision in a purely interlocutory matter?
British Columbia, Canada
Does the contention that the offered evidence must be identical with the crime charged is without support?
California, United States of America
Is a defendant's knowledge that the gang's members engage in criminal activity inferable from the same evidence that shows their active participation in the gang?
California, United States of America
How has the court treated a claim for wrongful dismissal in a civil servant case?
MultiRegion, United States of America
What is the test for dismissing information under section 1385?
California, United States of America
How has diminished capacity been interpreted in criminal law?
California, United States of America
What is the test for general damages for the loss of services provided by the parents of a deceased maid?
Nova Scotia, Canada
What is the test for making a claim of authenticity?
MultiRegion, United States of America
What is the test for demurrer in a personal injury action?
California, United States of America
Can a lawyer be reprimanded for offensive correspondence that is inconsistent with the proper tone of professional communication?
Ontario, Canada
What is the test for determining who is the "prevailing party" in a motion for summary dismissal?
California, United States of America
Is there any evidence that a defendant knew there was surveillance equipment at the marijuana dispensary?
California, United States of America
What authority exists for the proposition that a demand note is due on signing?
Alberta, Canada
What is the test for determining whether a party has engaged in oppressive or unfairly prejudicial conduct?
British Columbia, Canada
What is the test for establishing that there is undue influence of a parent?
British Columbia, Canada
How has the definition of "gang" and "gang-related" been interpreted by the courts?
California, United States of America
How have we resolved the issue before us in this case?
California, United States of America
What is the test for adequacy of reasons in the Residential Tenancy Act?
British Columbia, Canada
What is the test for sufficiency of the evidence for a guilty verdict?
MultiRegion, United States of America
Is nuisance a legal characterization rather than trespass?
Ontario, Canada
Does a "under advisement" order need to be considered a final act?
federal, United States of America
What is the test for establishing "founded suspicion" in a search warrant application?
California, United States of America
What is the standard applied by a court to a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
What is the test for damage caused by the employment of a person who has been found guilty of a criminal offence?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What are the factors that determine whether to dismiss an action?
MultiRegion, United States of America
What is the test for "aggravation" in a sexual assault case?
California, United States of America
In what circumstances will a plaintiff receive his full costs in a personal injury action?
Prince Edward Island, Canada
Does a policeman working off-duty as a security guard for a drug store have to be considered a "peace officer" in the context of a battery charge?
California, United States of America
Is a motorcycle considered a vehicle "in" for the purposes of the Fourth Amendment?
California, United States of America
What is the test for calculating measurable risk in a motor vehicle accident?
British Columbia, Canada
What is the legal test for overturning a conviction where the evidence is based primarily on circumstantial evidence?
California, United States of America
What is the basis for a motion for dissolution of a long-term marriage?
British Columbia, Canada
What is the meaning of a proviso in a medical report?
British Columbia, Canada
How much is a plaintiff’s ability to communicate with the trier of fact in assessing damages?
British Columbia, Canada
Is a manufacturer or retailer liable for placing a defective product on the market?
California, United States of America
What is the test for calculating spousal support under the SSAGs?
British Columbia, Canada
What is the opening brief in a personal injury case?
California, United States of America
How is the exclusionary rule applied in civil cases?
MultiRegion, United States of America
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility?
California, United States of America
What is the test for establishing a pattern of criminal gang activity?
California, United States of America
Are expenses for repairs that are necessary to maintain a rental property properly deductible?
Ontario, Canada
Is it permissible for a prosecutor to attack the credibility of a witness in a witness testimony?
California, United States of America
What is the standard for determining whether a profit sharing agreement violates the Sherman Act?
MultiRegion, United States of America
What is the test for a defense attorney to make a peremptory challenge?
California, United States of America
What is the consequence of a second citation for failure to respond?
British Columbia, Canada
Can a state prisoner seek relief from the federal district court under section 2254 of the Criminal Code?
MultiRegion, United States of America
Does a defendant have multiple convictions for a single crime?
California, United States of America
What is the test for establishing good cause for in-chambers review of an officer's personnel records?
California, United States of America
Are proceeds of stock sold in cash to the trustee entitled to be returned to the Trustee?
Saskatchewan, Canada
What is the test for admitting a piece of rebar in a motor vehicle accident?
California, United States of America
What are the consequences of a court's failure to instruct the jury on involuntary manslaughter?
California, United States of America
What is the burden of proving that an order is wrong on appeal?
California, United States of America
What is the burden on the Attorney General to justify a warrantless search?
California, United States of America
What is the test for standing to make a claim against someone who is not a party to the contract?
California, United States of America
What is the range of damages awarded in common law cases?
British Columbia, Canada
What is the proper use of the Court of Appeal to re-open a trial to hear further evidence?
British Columbia, Canada
What is the effect of the rule of exclusion and reversal when it comes to the prosecution of criminal charges?
California, United States of America
Is there any case law where a defendant waives his Miranda right?
MultiRegion, United States of America
What is the test to establish medical abandonment?
California, United States of America
Does Section 821.6 of the California Public Safety Code grant immunity to a prosecutor who is investigating an allegation of sexual assault against a minor?
California, United States of America
What is the current state of the law on motor vehicle license suspension and revocation?
"New York", United States of America
What is the current state of the law on whether a written statement obtained from appellant without the presence of counsel is a violation of his Miranda rights?
MultiRegion, United States of America
Does the Court of Appeal have any authority to overturn a finding denying certification?
California, United States of America
What is the mental element required to establish complicity in crimes against humanity?
Canada (Federal), Canada
What is the test for determining which province has jurisdiction to hear the proceedings?
Ontario, Canada
What is the test for discrimination in the context of Title VII of the Civil Rights Act?
MultiRegion, United States of America
What is the test for a jury to decide whether a plaintiff in a medical malpractice case is entitled to a scientific investigation?
British Columbia, Canada
Does a search warrant need to be conducted during an investigatory search?
MultiRegion, United States of America
What is the test to exclude evidence in a civil case?
California, United States of America
Is a trial judge required to consider the reason for the delay in dealing with the first step in the two-segment test?
British Columbia, Canada
What is the changed-circumstance rule?
California, United States of America
Does appellant timely appeal from the judgment of conviction in this case?
California, United States of America
Can a single cause of action alleging legal malpractice be separated into component acts with separate statute of limitations?
California, United States of America
When will a subpoena be served for attorney fees?
MultiRegion, United States of America
Can a defendant be punished multiple times for a single act or omission?
California, United States of America
How have courts dealt with the absence of counsel's alleged failings?
California, United States of America
Can a consent search be validly qualified by the number of officers allowed to search?
MultiRegion, United States of America
Can the government charge a particular predicate crime but prove an uncharged predicate crime?
MultiRegion, United States of America
What is the standard of review of an order granting a new trial?
California, United States of America
What is the test for a negligence cause of action?
California, United States of America
Can a surgeon be negligent in continuing with an operation when there is bleeding in the retrobulbar?
Alberta, Canada
What is the test for apprehension of a child?
Manitoba, Canada
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case?
MultiRegion, United States of America
Can a jury's verdict be impeached by inquiry into their mental processes or reasons for dissent?
California, United States of America
What is the standard of evidence used in cases where the prosecution relies primarily on circumstantial evidence?
California, United States of America
What is the standard of review in cases in which the People rely mainly on circumstantial evidence?
California, United States of America
What is the test for a defendant's argument that the evidence is insufficient to support his conviction for possession of drugs and possession of a firearm?
California, United States of America
What is the test for malice in the context of murder?
California, United States of America
Does a federal district judge have to review the findings and recommendations of a third party when the parties themselves accept as correct?
MultiRegion, United States of America
What is the gravamen of the crime of forcible rape?
California, United States of America
What is the test for terminating a person's welfare rights without a hearing?
California, United States of America
What is the test for determining whether a defendant has shown that the challenged information was the basis for the sentence?
MultiRegion, United States of America
What is the test for bringing a defendant to trial under the Speedy Trial Act?
MultiRegion, United States of America
Can a municipality be held liable for failing to repair a building?
Saskatchewan, Canada
What role does a lawyer have in a search?
MultiRegion, United States of America
What is the test for making out a case of discrimination?
MultiRegion, United States of America
What is the test for claiming and issue preclusion in a personal injury action?
California, United States of America
How does the insanity defense work and how does the commitment procedure work?
MultiRegion, United States of America
What is the test for divorce when a spouse is found guilty of a condoned matrimonial offence?
Saskatchewan, Canada
What is the test for submitting a submission to the Court of Appeal?
Ontario, Canada
Does a judge have absolute immunity against liability in a sexual assault case?
MultiRegion, United States of America
What is the difference between the categories of strict liability and reasonable care in a strict liability offence?
Alberta, Canada
What is the test for striking an application to strike?
British Columbia, Canada
What is the test for establishing a “net worth” for income tax purposes?
Alberta, Canada
What is the reason why a farmer refused to serve or send a written notice to the municipality for damages caused by a waterlogged field?
Saskatchewan, Canada
What is the standard of correctness of a motion judge’s decision not to interfere with a discretionary order?
New Brunswick, Canada
Can a state witness be cross-examined as to whether he had a generalized prejudice against black persons?
California, United States of America
How have courts reviewed the evidentiary rulings of a trial court?
California, United States of America
What is the test for a foster parent to be a "pre-adoptive" parent?
"New York", United States of America
In what circumstances will a plaintiff in a family law case be able to obtain an abortion?
British Columbia, Canada
What is the difference between a conviction for assault and a previous conviction for a similar assault?
California, United States of America
What is the test for determining whether a defendant is liable in a motor vehicle accident?
British Columbia, Canada
What is the current state of the law on discovery?
MultiRegion, United States of America
What is a reasonable search and seizure under the Fourth Amendment?
California, United States of America
What is the implied consent test for a driver?
Alberta, Canada
How have courts interpreted the elements of s. 50(1) of the Law Society Act?
Ontario, Canada
Can a Minister bring an application to set aside an action where the pleadings are noted closed or a note of default is entered?
Alberta, Canada
Can a plaintiff sue for services rendered upon a quantum meruit?
Saskatchewan, Canada
What is the test for denying a person a right to exercise their freedom of speech?
MultiRegion, United States of America
Does the bankruptcy court have any authority to dismiss an action with prejudice?
MultiRegion, United States of America
Does a prospective defendant have a constitutional right to testify before the grand jury?
"New York", United States of America
What is the required undertaking of a fiduciary?
Manitoba, Canada
What is the duty of care of a solicitor in dealing with representations?
Canada (Federal), Canada
What rules apply to "elements" of a trial court's instruction to a jury?
California, United States of America
What constitutes misconduct on the part of litigants?
British Columbia, Canada
Does a defendant have a valid claim under due process?
California, United States of America
What is the burden of rebutting the presumption that all factual determinations made by the state court were correct?
MultiRegion, United States of America
What is the test for establishing that a party relying on a presumption or of mistake or inadvertence has done?
California, United States of America
What constitutes heat of passion in a murder case?
California, United States of America
What is the test to successfully challenge the facial validity of a statute?
California, United States of America
What is the test for a motion to seek a court order for questioning in a family law case?
Ontario, Canada
Is there a risk of explosion if a butane lighter is used to ignite an improvised explosive device?
California, United States of America
What is the current state of the law on searches at probationers' homes?
MultiRegion, United States of America
What is the test for determining when occupation rent is in issue?
Ontario, Canada
What is the burden of establishing removal jurisdiction on the proponent of federal jurisdiction?
MultiRegion, United States of America
How have the courts in India dealt with the issue of judicial review in the context of the BCCA?
British Columbia, Canada
Can successful applicants in a case of the same kind be awarded costs in any event of the cause?
British Columbia, Canada
What is the case law on electronic surveillance in the context of electronic surveillance?
British Columbia, Canada
What is the test for an independent review of a court's interpretation of the instruments creating an easement where the evidence is not disputed?
California, United States of America
Is domestic violence a continuing tort for the purposes of the statute of limitations?
California, United States of America
Does a sentence for assault against a man convicted of attempted murder have to be stayed?
California, United States of America
What is the primary right of a plaintiff in a motor vehicle accident?
California, United States of America
How have the courts in Canada and the United States dealt with the issue of the sale of trust property?
Saskatchewan, Canada
Does Defendant have to provide a compelling argument that there could be no satisfactory explanation for trial counsel's failure to request admonitions?
California, United States of America
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime?
California, United States of America
What is the statute of limitations for a TILA claim?
MultiRegion, United States of America
What are the elements of a second degree murder?
California, United States of America
What is the current state of the law on cross-examination?
California, United States of America
What is the test for using or carrying a firearm under section 924(c)(1) of the Criminal Code?
MultiRegion, United States of America
What is the test for establishing "coast rights" under the California Coastal Act?
California, United States of America
What are the grounds for depriving N.B.A. of interest on a judgment?
New Brunswick, Canada
What is the test for inadmissible identification in a civil case?
MultiRegion, United States of America
What is the specific intent crime of an attempted or completed sexual assault?
California, United States of America
What are the consequences of a defendant's application for special costs?
British Columbia, Canada
What is the harmless error standard for a plaintiff to presume intent in a motor vehicle accident?
MultiRegion, United States of America
What is the scope and purpose of a section 21 appeal?
Canada (Federal), Canada
Is a judgment not an adjudication as to matters which the court expressly refrains from determining?
California, United States of America
Can a defendant be found guilty of making threatening telephone calls during the penalty phase?
California, United States of America
Does a waiver of sovereign immunity apply?
MultiRegion, United States of America
What is the test for a default judgment in a personal injury case?
MultiRegion, United States of America
What is the test for exclusion of evidence for abuse of of mental health care?
MultiRegion, United States of America
Does section 654 of the California Criminal Code apply to crimes committed with a substantial time interval?
California, United States of America
Does a contractor need to provide a written notice to the owner or prime contractor stating that there will be an extra charge?
British Columbia, Canada
What is the current state of the law on the Miranda opinion?
California, United States of America
What is the proper procedure for a jury to acquit and discharge an accused in a sexual assault case?
Saskatchewan, Canada
Does a defendant have to oppose his sentence on appeal on the same grounds he now asserts on appeal?
California, United States of America
What is the test for whether a crime is a lesser included crime of another crime?
California, United States of America
Is a principal liable for the actions of an agent?
Saskatchewan, Canada
What is the position of a non-party opposing the enforcement of a subpoena?
Newfoundland and Labrador, Canada
In what circumstances will a licensed contractor be liable for an injury caused by an unlicensed and uninsured subcontractor?
California, United States of America
What is the test for alleging bias in a federal court?
Ontario, Canada
Does a tacit causation rule underpinning a state court's decision in a case?
MultiRegion, United States of America
In what circumstances will a defendant be denied a motion to dismiss or reduce a charge of assault before trial?
"New York", United States of America
In what circumstances will the court distinguish between family and commercial unjust enrichment cases?
British Columbia, Canada
What is the effect of undercover officers' subterfuge in the course of a criminal investigation on a defendant's confession?
California, United States of America
How is the calculation of the allowance for the impact of taxation determined?
Saskatchewan, Canada
What is the test for determining whether an error in a jury verdict is harmless?
California, United States of America
What is probable cause to arrest without a warrant?
MultiRegion, United States of America
Is corroboration of a key prosecution witness by the introduction of criminal records permissible?
MultiRegion, United States of America
How have courts interpreted the words 'all or a substantial portion' or 'reorganization' in the California Tax Code?
California, United States of America
Can the trial court suspend the execution or imposition of sentence of a convicted murderer's murder sentence?
California, United States of America
How is a motion to continue a trial reviewed for abuse of discretion?
MultiRegion, United States of America
What is the test for a motion to dismiss a motion alleging that a petitioner has not had an unobstructed procedural shot at presenting that claim?
MultiRegion, United States of America
What is the test for 'discovery' in a personal injury action?
MultiRegion, United States of America
How have the courts interpreted the doctrine of "beyond a reasonable doubt" in an assault case?
MultiRegion, United States of America
