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.
Can a plaintiff who witnessed the tortious injury of another witness recover damages against the tortfeasor?
California, United States of America
What is the range of penalties available to the Law Society of BC for a lawyer who sexually assaulted a young female colleague in the workplace?
British Columbia, Canada
What is the test for extrapolating data from a random sample?
MultiRegion, United States of America
Can a former owner of a property who was transferred to a new assignee be allowed to attend the transaction jointly with the assignee's clerk or agent?
Ontario, Canada
Does a daughter have a right to survivorship over her father's bank accounts?
British Columbia, Canada
What is the test for overturning a conviction for giving a false statement to a federal officer?
MultiRegion, United States of America
Can a charge be brought against an uncharged crime to prove intent?
California, United States of America
What is the test for a solicitor to sue for liens over documents?
Ontario, Canada
When will a defendant appeal against an award for attorney's fees and costs?
California, United States of America
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
When will an attorney not give an opening statement?
California, United States of America
What is the current state of private international law?
New Brunswick, Canada
What is the effect of a search warrant being used to seize and search a vehicle in a motor vehicle?
British Columbia, Canada
What is the test for a functional approach in municipal law?
Canada (Federal), Canada
Is a defendant's reliance on a prior guilty plea in a motion for habeas corpus misplaced?
California, United States of America
What is the test for determining whether an indigent prisoner's failure to appear in court is willful?
California, United States of America
What factors will the court consider when determining spousal support?
Alberta, Canada
How has the US Supreme Court upheld testimony of an impeached witness explaining his own prior failure to testify for the Government or his prior contradictory or inconsistent statements because of fear of retaliation?
MultiRegion, United States of America
What is the test for determining a child’s suitability for adoption?
Ontario, Canada
What is the test for valid marriage in circumstances where there are no marriage documents?
British Columbia, Canada
Is a vendor entitled to retain the instalments paid in a loan agreement?
Alberta, Canada
What is the test for the defence of qualified privilege?
Ontario, Canada
In what circumstances will a court grant a peremptory writ to vacate an order denying petitioner's application for certificate of probable cause on the grounds that he waived his appellate rights?
California, United States of America
What is the effect of the court's denial of a bifurcation request?
California, United States of America
What is the test for making a late complaint to the BC Human Rights Tribunal?
British Columbia, Canada
What is the range of fees awarded in personal injury cases?
California, United States of America
What is the test for determining whether a statement was obtained in violation of Miranda?
California, United States of America
What is the burden of establishing that the applicant of a motion to suppress has his own Fourth Amendment rights violated?
California, United States of America
What is the test for driving under the influence of alcohol?
California, United States of America
What is the test for self-sufficientness in determining spousal support?
British Columbia, Canada
What is the relevant delay in perfecting an appeal?
Ontario, Canada
What is the burden of proving excusable neglect?
California, United States of America
What is the test for an award for attorney fees in a motor vehicle accident case?
MultiRegion, United States of America
What is the test for a jury to convict an appellant of second degree murder?
California, United States of America
Is contributory negligence not a factor in determining whether the city owes the Biskey damages?
Ontario, Canada
What is the test for applying an abuse of trust enhancement?
MultiRegion, United States of America
Does respondent's conduct constitute "outrageous conduct" in the context of a claim for emotional distress?
California, United States of America
How have courts treated the issue of affirmative defense in cases involving sexual assault cases?
MultiRegion, United States of America
In what circumstances will the police be able to search a briefcase containing a gun in plain sight?
California, United States of America
What is the mental health defense and the brain damage defense?
MultiRegion, United States of America
What is the standard of review applied to a district court's denial of a defendant's proposed jury instruction?
MultiRegion, United States of America
What is the test for determining whether an advance is a loan or a gift?
British Columbia, Canada
What is the current state of the law on discrimination based on membership of a group?
Ontario, Canada
What is the purpose of non-pecuniary damages in a personal injury action?
British Columbia, Canada
What is the duty of an appellate court to uphold a judgment or order of the trial court?
California, United States of America
What is the test for proving materiality?
MultiRegion, United States of America
What is the burden of proving service of process valid when a defendant claims default and default judgment because of lack of personal jurisdiction?
California, United States of America
Can a mortgagee claim possession of the assigned rents?
MultiRegion, United States of America
What is the standard of judicial review of an administrative decision to suspend or revoke a driver's license?
California, United States of America
What is the test for "common common law common common law" in a class action?
MultiRegion, United States of America
What is the test for a sentence vacated by a federal judge when the sentencing was based on material false or unreliable information?
MultiRegion, United States of America
When can a police officer cite and release a detainee?
California, United States of America
Does a motion to amend a habeas petition need to be heard before the next hearing?
MultiRegion, United States of America
What is the current state of the law on the most intrusive encounter between a police officer and a suspect?
"New York", United States of America
What is the test for a finding that a defendant consented to a search?
California, United States of America
What is the difference between the date of arrest and sentencing of a defendant for assault with intent to rape?
California, United States of America
Can a prosecutor argue that defense counsel's argument is "intemperate" and "bald-faced lie"?
California, United States of America
What is the test for a motion to dismiss for prejudicial prearrest delay?
California, United States of America
Can an insurance carrier defend against a plaintiff who alleges fraudulent concealment of injury?
California, United States of America
What is the current state of the law on disclosing favorable evidence to a defendant?
"New York", United States of America
What is the test for the doctrine of "head of power" in Canada?
Nova Scotia, Canada
What is the test for establishing that a government agent deliberately elicits from a defendant to make incriminating statements?
California, United States of America
How can a waiver of a fundamental right be waived?
"New York", United States of America
What is the test for a motion to review the entire record in a personal injury case?
California, United States of America
Does a new rate, charge, or fee need a full hearing?
MultiRegion, United States of America
What is the test for a motion to quash a conviction for possession of drugs with intent to pervert the course of justice?
MultiRegion, United States of America
In what circumstances have courts allowed evidence of criminal activity prior to the murder of a police officer?
California, United States of America
Is the evidence sufficient to support a finding that a defendant in a drug case intended to sell methamphetamine?
California, United States of America
Is a jury permitted to read written instructions of the court in the jury room?
California, United States of America
What is the legal test for overturning a verdict in a case where the jury was instructed on the kill zone theory?
California, United States of America
What is the state of the law in the context of credibility issues?
British Columbia, Canada
What is the test for a finding of purposeful racial discrimination?
California, United States of America
What is the standard of care required by an advisor to make a statement?
Ontario, Canada
If a business is deemed in law to be carried on in many places, at every location where physical acts are performed to further the business, what are the consequences?
Alberta, Canada
What is the test for a motor vehicle theft?
California, United States of America
What is the test for giving reasons at an administrative tribunal?
Alberta, Canada
Is there any reason to withdraw an admission of liability?
Saskatchewan, Canada
What is the standard for assessing a defendant's criminal conviction for a lesser included crime?
California, United States of America
What is the test for adjustment of status under section 245 of the Immigration Reform Act?
MultiRegion, United States of America
What is the current state of the law on loss of income earning capacity?
British Columbia, Canada
What is the meaning of the word "compensation proceeding" in the context of a personal injury claim?
MultiRegion, United States of America
Does section 31(1) of the California Criminal Code apply to a defendant who was not directly involved in the crime?
California, United States of America
What are the elements of estoppel in the context of a lawsuit?
federal, United States of America
What is the test for determining whether a plaintiff is a contributory driver in a motor vehicle accident?
Saskatchewan, Canada
What is the consequence of having to pay costs of an appeal from a Master for a rehearing of an Appeal from the Master?
British Columbia, Canada
Is there a reasonable likelihood of unfairness in the media coverage of a violent crime?
California, United States of America
Does a municipality have the authority to enforce its own bylaws?
British Columbia, Canada
In what circumstances will an aider and abettor be found guilty of second-degree murder?
California, United States of America
Does a victim advocate influence the testimony of a witness?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the test for a parent's educational plan for their child?
Ontario, Canada
What are the findings of a review of the record for potential error?
California, United States of America
Is a shift lease operator an independent operator and not an employee?
British Columbia, Canada
What is the test for determining whether the evidence in a civil case was prejudicial or prejudicial?
California, United States of America
Is a debtor's interest in a pending cause of action considered abandoned by the bankruptcy trustee?
California, United States of America
Can a defendant appeal from a judgment based on a plea of no contest?
California, United States of America
Can prior sexual abuse evidence be used to prove propensity to commit another sexual offence?
California, United States of America
What is the test for disclosing a latent defect in a property?
British Columbia, Canada
Does a finding of negligence in a motor vehicle accident constitute battery alone?
Ontario, Canada
Can a parent in loco parentis withdraw from the obligation of paying child support?
Alberta, Canada
Is a motion judge’s jurisdiction to make findings of credibility?
Ontario, Canada
Does a defendant have a right to effective assistance of counsel under the Sixth Amendment?
MultiRegion, United States of America
What is the impact of a long-term partner on the economic well-being of his or her spouse?
Prince Edward Island, Canada
Can an employer intervene in an employee's action for reimbursement of compensation paid to the employee?
California, United States of America
What is the test for probable cause to arrest a man for being under the influence of methamphetamine?
California, United States of America
What are the relevant factors for awarding costs in matrimonial causes?
Ontario, Canada
What is the legal standard for ineffective assistance of counsel?
MultiRegion, United States of America
What is the test for establishing that a person can be remotely remote?
MultiRegion, United States of America
What are the legal principles relating to future care costs?
British Columbia, Canada
When can an insured person continue to work after the 104 week period?
Ontario, Canada
What is the legal test of knowledge and approval and testamentary capacity in a Will?
Ontario, Canada
Is a private attorney general entitled to attorney fees?
California, United States of America
Is intoxication an aggravating factor in a criminal case?
California, United States of America
Does the Attorney General have the authority to convict a defendant of two or more attempted murders for a single act by which he intended to kill only one person?
California, United States of America
How has the court interpreted the finding that arrest was not pretext to search?
MultiRegion, United States of America
What is the test for evidence of voluntary intoxication in a murder case?
California, United States of America
Does there need to be an evidentiary hearing to determine whether a defendant is innocent?
MultiRegion, United States of America
Can a defense cross-examine the evidence of prior possession of a firearm?
California, United States of America
What are the elements of abuse of process?
British Columbia, Canada
Is consent by the client to a fee-sharing agreement sufficient to satisfy former rule 2-200?
California, United States of America
What is the test for suppressing evidence of a search and seizure under section 1538.5 of the Criminal Code?
California, United States of America
Does a ruling on the admissibility of evidence in a medical malpractice case need to be reviewed for abuse of authority?
MultiRegion, United States of America
If plaintiff files a second amended complaint, can the court refer to the prior pleading?
MultiRegion, United States of America
Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief?
California, United States of America
What is the test for imposing discovery sanctions on a party in a personal injury action?
California, United States of America
What is the test for determining whether section 654 of the Criminal Code applies?
California, United States of America
What is the test for a motion to amend the cause of action?
California, United States of America
Is there any case law or case law supporting the need for an oral hearing?
British Columbia, Canada
What is the test for a conspiracy to commit a crime?
California, United States of America
Can a plaintiff recover law enforcement costs under the guise of damages in a public nuisance action?
California, United States of America
In what circumstances have the courts allowed a parent to seek relocation in an early application?
British Columbia, Canada
Does a judge have discretion to refuse to entertain a second lawsuit?
California, United States of America
Can a general contractor force a subcontractor to submit their bid for a public contract before the general contractor has awarded the public contract?
California, United States of America
What is the test for admitting evidence of gang membership in a criminal case?
California, United States of America
What factors are considered in determining costs in a personal injury action?
British Columbia, Canada
Can a police officer temporarily detain an offender at the scene of a traffic collision?
California, United States of America
What is the test for damages for nervous shock?
British Columbia, Canada
What is the test for bringing an application for summary trial?
British Columbia, Canada
Does a psychiatrist have to be considered a treating physician even if he only has seen the claimant once?
MultiRegion, United States of America
Does a grievor’s position create an obligation on an employer to pay overtime when travel is an exercise of their prerogative?
Canada (Federal), Canada
Does a settlement agreement need to be held to a higher standard of fairness than a class representative?
MultiRegion, United States of America
Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant?
Alberta, Canada
What is the burden of ineffective counsel on appeal?
California, United States of America
Does an aider and abettor of a capital murder have to have had an intent to kill?
California, United States of America
Can a jury reasonably infer that a defendant was present at the scene of a burglary?
California, United States of America
Does a jury have to accept or reject arguments proffered by the trier of fact in a civil case?
California, United States of America
Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action?
Alberta, Canada
How will the Court of Appeal review an award for abuse of power of judgment?
California, United States of America
On what grounds can a judge exclude or limit or exclude rebuttal victim impact evidence from a defence on the grounds of abuse of discretion?
California, United States of America
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
What is the legal test for an oral agreement?
Ontario, Canada
What is the test for determining whether section 164.395 is divisible or indivisible?
MultiRegion, United States of America
Is a defendant entitled to a claim of ineffective assistance of counsel for failing to object on appeal?
California, United States of America
Does the United States Constitution apply to foreign officials acting within their own territory?
MultiRegion, United States of America
What is the test for a motion to self-representate in a personal injury case?
California, United States of America
How have courts considered the "right to control" aspect of mail fraud?
MultiRegion, United States of America
Does plaintiff have to prove diligence to set aside a default?
California, United States of America
What is the claim-of-right defense?
California, United States of America
Does the defence have to be limited in its defence in the defence or preparation for trial?
British Columbia, Canada
Is it inappropriate to make an award for services that a plaintiff has not used in the past or is unlikely to use in the future?
British Columbia, Canada
What is the appropriate sentence for a defendant with three or more prior theft convictions?
California, United States of America
Can an employer be liable to an employee for the consequences of the employee’s negligence?
Ontario, Canada
What are the consequences of inordinate delays in proceedings?
Ontario, Canada
What is the test for a loss of earning capacity?
British Columbia, Canada
What is the wife's position on the issue of a forced sale of a 50% share of the home?
British Columbia, Canada
What is the burden of justifying a search warrant for a teacher's membership of an anti-fracking group?
California, United States of America
Can a witness be impeached or impeached if they have made a record of business records?
MultiRegion, United States of America
Is a party who does not pay legal fees entitled to a special costs award?
British Columbia, Canada
What is the test for a plaintiff to succeed in his claim for negligence in a motor vehicle accident?
British Columbia, Canada
What is the meaning of a binding interim settlement agreement?
Ontario, Canada
What is the test for a primary carer who fled with her children from an abusive home in Italy to escape prosecution?
Ontario, Canada
How long should post-secondary support continue?
Ontario, Canada
What is the test for determining whether a trial court has jurisdiction to sentence a defendant to prison?
California, United States of America
What is the state attorney general's argument that the appellant made an insufficient showing of BWS?
California, United States of America
Is Orozco entitled to a new trial because the trial court admitted into evidence incriminating statements he made to sheriff's deputies while in jail that violated his Miranda rights?
California, United States of America
What is the test for imposing a duty of care in a novel situation?
Ontario, Canada
What is the burden of showing error to a plaintiff who failed to show error at trial?
California, United States of America
What is the evidentiary burden of a breach of human rights?
British Columbia, Canada
Is a prison official entitled to qualified immunity in a civil case?
MultiRegion, United States of America
Are statements made in the course of police interrogation not testimonial?
California, United States of America
What is the test for altering spousal support?
Alberta, Canada
In a personal injury action brought by the husband against the husband's father for non-disclosure of the husband’s financial affairs, what is the impact of the disclosure guidelines?
Manitoba, Canada
Is a defendant entitled to a restitution fine as a condition of probation?
California, United States of America
Does the opinion of a non-examining physician have to be considered less weight than that of an examining physician?
MultiRegion, United States of America
Can a plaintiff recover backpay from the California Department of Justice for alleged violations of the Police Bill of Rights Act?
California, United States of America
What is the test for establishing a claim for RICO violation?
MultiRegion, United States of America
Is evidence of uncharged sexual conduct admissible to prove a defendant has a criminal disposition or propensity?
California, United States of America
Is loss of homemaking capacity compensable?
British Columbia, Canada
What is the test for a jury to make a verdict in a civil case?
California, United States of America
What is the test for a Commissioner of Justice to make a declaration of forfeiture under section 1305 of the California Penal Code?
California, United States of America
What are the requirements for counsel to exchange costs and submissions of no greater than five pages?
Ontario, Canada
What is the test for establishing probable cause under the substantial evidence rule?
California, United States of America
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity?
California, United States of America
How have the courts considered the credibility of an alleged torture victim in their disclosure rulings?
Ontario, Canada
What is the test for subjecting another person to deprivation of their constitutional right?
MultiRegion, United States of America
What is the test for giving correct jury instructions in a criminal case?
California, United States of America
What is the effect of a municipality's by-laws on the renewal of a policy of purchase and use of a vehicle insurance policy?
British Columbia, Canada
What is the test for abuse of discretion in elections law?
MultiRegion, United States of America
Does Rule 6(b) governing extensions of time need to be interpreted to effectuate the general purpose of seeing that cases be tried on merits?
MultiRegion, United States of America
What is the test for awarding separate trials for liability and damages in a motor vehicle accident?
Nova Scotia, Canada
