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 admitting "new evidence" in a civil case?
Northwest Territories, Canada
How have courts interpreted section 654 of the Criminal Code when a defendant is convicted of first degree robbery as an accomplice to an armed robber and possession of a firearm by felon?
California, United States of America
Can a certificate of probable cause include a noncognizable issue?
California, United States of America
Is a medical professional negligent if they fail to use the standard care, knowledge and care that other reasonably careful medical professional would use?
MultiRegion, United States of America
Does the court erred in denying a motion to exclude prospective witnesses from the courtroom?
California, United States of America
How has a court considered a 1991 bonus award in calculating the appropriate amount of bonus?
British Columbia, Canada
Does the substantial evidence rule apply to an administrative body?
California, United States of America
Is an administrative agency permitted to change its interpretation of a statute?
California, United States of America
What is the test to apply in circumstances such as this where one parent wishes to move with a child that will make access to the other parent more difficult?
British Columbia, Canada
Is Hood entitled to a new ineffective assistance of counsel claim based on his attorney's failure to identify the bindle of white powder?
MultiRegion, United States of America
Can a statement obtained without a Miranda clause be used to establish guilt in a criminal case?
California, United States of America
How have courts interpreted the meaning of the word "significant" in the interpretation of the California Building Code?
California, United States of America
Does a good faith settlement between economic and noneconomic damages need to be allocated post-trial?
California, United States of America
Can a Mareva injunction be granted?
British Columbia, Canada
What is the burden of establishing substantial evidence on an appeal?
California, United States of America
What is the legal test for establishing a user of right?
Newfoundland and Labrador, Canada
What are the elements necessary to establish an agreed boundary?
California, United States of America
What is the test of probable cause?
MultiRegion, United States of America
What are the legal costs of a plaintiff in a personal injury action?
California, United States of America
What is the test for obtaining a DNA sample from a person who has been sexually assaulted?
California, United States of America
Does the existence and prosecution of civil forfeiture proceedings by the federal or state government constitute double jeopardy under the federal constitution?
MultiRegion, United States of America
Is there any evidence that the estate has no assets to which resort can be made for redemption purposes?
Saskatchewan, Canada
What is the test for using evidence of an uncharged crime to identify a perpetrator?
California, United States of America
What is the test for an appeal court to uphold an emotionally first degree murder conviction?
California, United States of America
Does a defendant have any right to complain to the court as to the form of a verdict?
California, United States of America
What is the test for a suppression order under Rule 41(d) of Section 3731 of the Criminal Code?
MultiRegion, United States of America
What is the test for proving that a plaintiff is subject to retaliation for his activities?
MultiRegion, United States of America
What are the implications of the Guidelines de novo for abuse of mental health care?
MultiRegion, United States of America
Are there any cases where a judge would be compelled to conclude otherwise?
MultiRegion, United States of America
What is the threshold for accepting that a serious issue exists?
Canada (Federal), Canada
Is section 654 of the California Criminal Code applicable to crimes against multiple victims?
California, United States of America
Is corroborating evidence sufficient in a sexual assault case?
California, United States of America
What is the test for a motion of appeal against a finding that a defendant knowingly waived his right to enforce the implied term of his plea bargain that he would be sentenced by the same judge who accepted his plea?
California, United States of America
What privilege exists to communications to counsel from the client's agent?
Saskatchewan, Canada
What is the impact of non-compensationary damages on a plaintiff's ability to sue for punitive damages?
MultiRegion, United States of America
What is the state's interest in the purpose of probation in this case?
California, United States of America
Does abusive language directed at a non-litigant constitute professional misconduct?
British Columbia, Canada
Can a witness vouch for another's credibility?
MultiRegion, United States of America
How have courts dealt with a claim of ineffective assistance of counsel?
California, United States of America
Is there a fiduciary obligation on a relationship?
Alberta, Canada
What is the difference between a date of conviction and the date of the crime?
California, United States of America
What is the burden of proof under a negligence cause of action?
California, United States of America
Does a breach of duty (such as non-compliance with rules and regulations) give rise to liability in a negligence claim?
British Columbia, Canada
What is the test for determining whether a defendant's sentence is too lenient?
MultiRegion, United States of America
What is the test for overturning a judgment in a personal injury case?
California, United States of America
Under what circumstances can a probationer be searched without a warrant?
California, United States of America
What is the current state of the law on family violence?
British Columbia, Canada
Is a plaintiff entitled to sue an insurer for breach of the implied covenant of good faith and fair dealing?
California, United States of America
What is the state of the law on admitting or denying a defendant's testimony to a jury in a sexual assault case?
California, United States of America
What is the test for intent to murder?
California, United States of America
What is the test for battery and what is the burden of proving consent?
Manitoba, Canada
Does Rule 23.1 demand inquiry must be assessed by reference to the board in place at the time of the amended complaint?
MultiRegion, United States of America
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se?
MultiRegion, United States of America
What is the sufficiency of evidence in the context of an allegation of sexual assault?
MultiRegion, United States of America
What is the test for admitting evidence of domestic violence in a criminal case?
California, United States of America
What are the consequences if a plaintiff refuses to execute a settlement agreement?
MultiRegion, United States of America
What is the test for a de novo review of interpretation of a statute by the Superior Court?
California, United States of America
What is the difference between homemaking costs and future care costs?
British Columbia, Canada
Can a notice of dismissal pursuant to Rule 41(a)(1)(A)(A) be dismissed without prejudice?
MultiRegion, United States of America
Is there a defense of self to the charge of assaulting a federal agent?
MultiRegion, United States of America
What is the test for a judge to make an order in a personal injury case?
California, United States of America
How have courts considered loss of earnings and cost of future care in a motor vehicle accident case?
British Columbia, Canada
What is the test for future income loss for a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
Is a search of a person's backpack pursuant to his consent a violation of the Fourth Amendment?
California, United States of America
Does a judge have jurisdiction to resentence a criminal defendant after execution of the sentence has commenced?
California, United States of America
What is the test for a criminal offence of failure to file an income tax return?
MultiRegion, United States of America
What is the test for determining whether or not to dismiss an allegation of sexual assault under section 352 of the Criminal Code?
California, United States of America
When will a social worker be considered medical evidence in a disability action?
Ontario, Canada
What is the prosecution's burden to negate a claim of self-defense?
California, United States of America
What are the rationales for shorter class periods?
Ontario, Canada
What is the test for equal division in a s.57 marriage?
British Columbia, Canada
What is the test for a claim that a jury was denied due process for awarding punitive damages?
California, United States of America
What is the standard for a motion for a mistrial in a criminal case?
California, United States of America
Does a police officer need to obtain a warrant for a second search of a purse?
California, United States of America
Is premeditation an element of the crime?
California, United States of America
What is the test for a person to use deadly force in self-defense?
California, United States of America
What is the test for probable cause in an arrest?
MultiRegion, United States of America
What are the consequences of reversing the judgment in part, including the bulk of the damage award, and also the award for attorney fees?
California, United States of America
Is a police officer an "executive officer" under section 69 of the Penal Code?
California, United States of America
Does the examination for discovery by a defendant constitute a step in an action?
Alberta, Canada
Does the court error to instruct the jury to consider age as an aggravating factor?
California, United States of America
What is the burden of proving reversible error in an appeal?
California, United States of America
How should a plaintiff's left breast injury be treated separately from the right breast injury?
British Columbia, Canada
What is the burden of proving intent in a murder case?
California, United States of America
Does a prisoner who has been convicted of a criminal offence forfeit all his constitutional rights?
MultiRegion, United States of America
What is the general rule on remand in a criminal case?
California, United States of America
How have courts dealt with allegations of bias and prejudice?
California, United States of America
Does the fact that one party does not rely upon information in an expert’s report constitute a breach of the duty of disclosure?
Ontario, Canada
How have the parties in a family law case ever discussed the use of recordings?
Ontario, Canada
What constitutes a fraudulent misrepresentation?
British Columbia, Canada
Can a contract be divisible as divisible between two insured buildings?
Ontario, Canada
What is the common law view on compulsory "taking" by the federal government?
Alberta, Canada
Does the right of privacy extend to nongovernmental actors as well as governmental actors?
California, United States of America
What is the test for a variation application under the Separation Agreement?
British Columbia, Canada
Can a discretionary power of the trial court be exercised on appeal?
California, United States of America
Does Section 15 of the Statute need to be examined at the beginning of the test?
MultiRegion, United States of America
Is there any case law in which a suspension can be re-serve?
Canada (Federal), Canada
When a federal court makes a mistake in its Guidelines calculation for a sentence, can the sentence be vacated or remanded?
MultiRegion, United States of America
What is the burden-shifting and enhanced burden of proof of a fiduciary relationship?
MultiRegion, United States of America
What is the burden of proof in the sanity phase?
California, United States of America
What is the effect of section 654 of the California Criminal Code on a defendant who has committed two separate crimes?
California, United States of America
What are the elements to establish liability for negligent misrepresentation?
British Columbia, Canada
In what circumstances will a plaintiff be able to bring a claim against a bank for alleged anti-competitive practices?
MultiRegion, United States of America
What is the test for establishing cause of cause of injury in a motor vehicle accident?
British Columbia, Canada
What is the material facts of the Sun Valley crime?
California, United States of America
Does the forfeiture doctrine apply to a sentence that was improperly imposed?
California, United States of America
What is the due process inquiry in federal habeas review?
MultiRegion, United States of America
What is the test for establishing a cause of action for trademark infringement?
California, United States of America
What is the delay for a complex fraud case?
Nova Scotia, Canada
How has the US Supreme Court interpreted its statutory presumption of intent to defraud?
California, United States of America
Is a tort action for bad faith and fair dealing an action for personal injury?
California, United States of America
Is a witness who feigns memory loss not considered unavailable for cross-examination under the confrontation clause?
California, United States of America
What is the impact of a delay in deferring the removal of an applicant's daughter?
Canada (Federal), Canada
What is the test for exclusion of evidence obtained by federal officers through unreasonable searches and seizures?
MultiRegion, United States of America
Does the exclusionary rule apply when a police officer fails to make an announcement at the scene of an armed robbery?
California, United States of America
What are the circumstances in which a solicitor has been found to have failed to follow the proper steps on behalf of a client?
Canada (Federal), Canada
What is the impact of a loss of income earning capacity on an individual's ability to continue to earn?
British Columbia, Canada
Can a prohibited ground be a factor in adverse treatment?
British Columbia, Canada
What is the test to determine whether a plaintiff has a valid claim against the appellant?
California, United States of America
Is a restrictive covenant enforceable?
Alberta, Canada
What is the effect of a judge's question on a jury's reasoning process?
California, United States of America
What is the test for general assignment in a personal injury case?
California, United States of America
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier?
MultiRegion, United States of America
What is the test for a solicitor to bring a motion under Rule 15.02?
Ontario, Canada
What is the test for determining whether a defendant possessed the requisite intent to kill?
California, United States of America
What steps must be taken by a court to equalize net family properties under s. 5(6)?
Ontario, Canada
Does a search warrant need to be obtained before a police officer can enter a private residence and make an arrest?
MultiRegion, United States of America
Is a police officer required to make a public announcement to a person before entering their home?
Ontario, Canada
What is the test for overt acts of concealment in criminal proceedings?
Alberta, Canada
What is the definition of a class and what is the impact of it?
British Columbia, Canada
What is the common law tort of breach of privacy?
British Columbia, Canada
What is the test for determining whether a jury has been misled to consider statements made by a witness in a shooting incident?
California, United States of America
Does a defendant have to prove a burglary can be proven where the required intent was formed after the crime was committed?
California, United States of America
What constitutes an adequate testamentary provision for a child?
British Columbia, Canada
What is the duty of a prison to ensure the safety of a prisoner under the Eighth Amendment?
MultiRegion, United States of America
How have the courts interpreted the Miranda rights?
California, United States of America
Does a party who is not a party to a contract have standing to bring a tort claim?
MultiRegion, United States of America
If a strata corporation is enforcing its own bylaw, what are the consequences?
British Columbia, Canada
Can counsel acting on behalf of the respondent to an application for summary judgment take the second course described in Placer?
British Columbia, Canada
What is the test for Rule 37 of the Rules of Civil Procedure?
British Columbia, Canada
What is the test for interpreting section 3109 of the Federal Criminal Code without running afoul of the Fourth Amendment?
MultiRegion, United States of America
Is a non-lawyer prohibited from commencing, prosecuting or defending proceedings in any court on behalf of others regardless of whether the fee is charged?
British Columbia, Canada
What are the relevant considerations for an application for want of prosecution?
British Columbia, Canada
What is the test for overturning a judgment in a victim restitution case?
California, United States of America
Is a beneficiary entitled to production of all communications between legal counsel and the executrix?
British Columbia, Canada
What is the burden of compelling evidence supporting an agency's CEQA finding?
California, United States of America
Does the privilege against compelled self-incrimination apply to a defendant who refuses to give evidence at trial?
MultiRegion, United States of America
What is the standard of proof, and what are the instructions given to the jury?
California, United States of America
Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting?
California, United States of America
What is the test for recovery for mental distress in a contract where the contract provides for peace of mind?
Canada (Federal), Canada
What is the test for determining whether a confession is involuntary?
California, United States of America
What is the legal test for recovery of costs in a personal injury action?
Nova Scotia, Canada
Is a government official entitled to qualified immunity from liability for civil damages for gross negligence?
MultiRegion, United States of America
Does the distinction between fraud and duress apply?
"New York", United States of America
Does a judge have to resent the sentence of an adult convicted of a sexual assault for using an element of the crime as an aggravating factor?
California, United States of America
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them?
Ontario, Canada
What is the test for determining whether a public entity was responsible for the damage caused by the flooding of the Amador River?
California, United States of America
What is the impact of high income parents on child support guidelines in the US?
British Columbia, Canada
Can a defendant give a mistake of fact jury instruction in a motor vehicle accident trial where he got into the victims' vehicle because he thought it was his black SUV?
California, United States of America
Is a deputy attorney general entitled to a leave of absence under workers' compensation?
California, United States of America
What are the legal principles applied in an application to remove an estate trustee?
Ontario, Canada
Does Section 526a of the California Civil Code require a plaintiff to be a "citizen resident" of the state or a "taxpayer supporting the governmental entity"?
California, United States of America
Can a new defense theory be asserted on appeal?
California, United States of America
Is a state officer entitled to qualified immunity where they have violated a clearly established constitutional right?
MultiRegion, United States of America
Does a demand for prejudgment interest need to be served on appellant?
California, United States of America
Is a lawyer’s client entitled to keep all communications with the client confidential?
Manitoba, Canada
Can a defendant who has been charged with a capital crime under the Fifth Amendment be held to answer for his Fifth Amendment?
MultiRegion, United States of America
Can a party be sanctioned for failing to produce documents in a personal injury action?
MultiRegion, United States of America
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed?
British Columbia, Canada
What is the test for a motion to compel a judge to recuse himself?
MultiRegion, United States of America
Is there any case law where a doctor was present during an operation and was able to observe what occurred?
Ontario, Canada
What are some cases where a defendant has entered a plea to plead guilty to a charge of perverting the course of justice?
"New York", United States of America
Is a defendant's failure to honestly explain possession a corroborative circumstance to sustain a burglary conviction?
California, United States of America
What is the difference between a hearing in the trial court and the appeal?
California, United States of America
What is the scope of errors of law for appeals under the Criminal Code Act?
British Columbia, Canada
What is the effective date of retirement for a judge?
California, United States of America
When will a court grant a motion for a new trial on the grounds of ineffective assistance of counsel?
California, United States of America
How is the accuracy of a witness's evidence determined?
British Columbia, Canada
What is the test for a motion to vacate a criminal conviction under section 1203 of the Immigration Code?
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
Is a probation violation an abuse of discretion where the court accepts the appellant's explanation for being 22 minutes late to court was inadequate?
California, United States of America
Can a surgeon prevent a plaintiff from testifying at trial in a medical malpractice case?
California, United States of America
Does a parent have to provide supporting documentation to support their claim for income tax deductions?
Ontario, Canada
What is the duty of a court to instruct a defendant on a particular defense?
California, United States of America
Does panic disorder, anxiety and depression affect income imputed to a parent?
Nova Scotia, Canada
Does the California Workers' Compensation Board have jurisdiction to award compensation to Pacific Bay?
California, United States of America
How have courts interpreted section 859 of the California Mental Health Act?
California, United States of America
Is a finding that a trial court erred by failing to comply with section 1093, subdivision (f) of the California Civil Code prejudicial?
California, United States of America
Can consent be obtained for a search without consent?
Ontario, Canada
How have the jury instructions been interpreted in the context of felonious conduct?
California, United States of America
What are litigation costs for a plaintiff in a personal injury action?
California, United States of America
What is the test for a state court to find that a claim made by a plaintiff is objectively unreasonable?
MultiRegion, United States of America
Is a spouse entitled to a portion of the proceeds of her husband's life insurance when the husband dies?
California, United States of America
What is the test for foreseeability in a motor vehicle accident case?
California, United States of America
What constitutes "malice" in the context of an allegation of sexual harassment?
British Columbia, Canada
Is an administrator, trustee or executor of an estate a real party in interest when they have control over the action?
MultiRegion, United States of America
What is the test for a motion for a continuance to procure an absent witness?
MultiRegion, United States of America
Does Section 1170.18 of the California Penal Code apply to defendants who would have been guilty of a misdemeanor under Proposition 47?
California, United States of America
What is the test for a motion to change the date of trial?
California, United States of America
Is a pro rata method of valuation the most equitably valued pension scheme?
Ontario, Canada
