Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for establishing a 'rule of law' in the context of Charter amendments?
federal, United States of America
Is cross-examination tending to show the general immorality of the witness necessary?
California, United States of America
Can a man who killed a fetus carried by his estranged wife be prosecuted for murder?
California, United States of America
What is the test for standing in a federal civil action?
MultiRegion, United States of America
What is the duty of the court to provide a jury with a definition of a common law term?
California, United States of America
What is the test for a custody award in a custody matter?
Manitoba, Canada
What is the test for dismissing a motion for sexual assault?
MultiRegion, United States of America
What is the test for gross negligence in a motor vehicle accident?
California, United States of America
How have courts dealt with allegations of misuse of confidential information?
California, United States of America
What is the test for an application for damages of more than $100,000 to be sustained against a company that is not financially viable?
Manitoba, Canada
What is the test for determining whether a person with learning disabilities has a disability or mobility impairment?
Saskatchewan, Canada
What is the test for “sparingly” exercise the power of appellate review in cases such as this?
Ontario, Canada
How have courts interpreted section 1202.4 of the California Civil Code?
California, United States of America
What are the factors used to determine general damages in a motor vehicle accident?
British Columbia, Canada
What is the duty of a court to instruct a jury on the general principles of law in a criminal case?
California, United States of America
Can an action for an accounting be maintained against the administrator?
Saskatchewan, Canada
What is the test for evaluating circumstantial evidence in a criminal case?
California, United States of America
What is the test for giving the jury a unanimous verdict in a civil case?
California, United States of America
What is the legal test for proper review of an administrative complaint?
MultiRegion, United States of America
What is the current state of the law on distribution of child pornography?
MultiRegion, United States of America
In what circumstances will the value of the life of a 13-year-old boy be assessed for under the new Family Law Reform Act?
Ontario, Canada
Is there any case law where a defendant has been convicted of assault with a utility knife?
California, United States of America
How have the courts dealt with the handling of swabs taken from a defendant's cheek by the police department?
California, United States of America
In what circumstances will a law be interpreted to avoid absurd results?
British Columbia, Canada
Can a vendor in a real estate transaction repudiate the contract by failing to convey title in fee simple?
Canada (Federal), Canada
Is a plaintiff estopped from asserting an untimeliness defense if he raises this contention for the first time in his reply brief?
California, United States of America
Does the fact that appellant may have been subjected to an illegal arrest, search or seizure prevent the prosecution of the appellant?
California, United States of America
What factors will a court consider in determining whether to apply the doctrine of judicial estoppel?
MultiRegion, United States of America
What is the legal test for qualified immunity for a police officer?
MultiRegion, United States of America
Is a sentence that is too lenient for a convicted criminal to be considered illegal?
MultiRegion, United States of America
What is the burden of establishing eligibility for asylum and withholding of removal?
MultiRegion, United States of America
What is the test for establishing a prima facie violation of the fair cross-section section of the sixth amendment?
MultiRegion, United States of America
What is the standard of conduct of counsel in the context of a civil matter?
Alberta, Canada
What is the test for a plaintiff to bring a motion for damages against a defendant who has been found to have been negligent in their actions?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found guilty of a common assault?
Ontario, Canada
Does a defendant have to be convicted and punished for each crime committed against a different victim?
California, United States of America
Does the requirement that a defendant "knowingly" permit the discharge of a firearm apply to a firearm discharge?
California, United States of America
What is the legal test for "heat of passion" in a manslaughter case?
California, United States of America
What is the test for maintaining a tort claim against a public entity?
California, United States of America
What is the test in applying the real and substantial connection test to the facts of the case?
Ontario, Canada
How have the courts interpreted the term “transportus” or “termination” in a government bonded warehouse?
Ontario, Canada
Does the filing of a felony complaint "commence" an action for purposes of the statute of limitations?
California, United States of America
What is the appropriate sentence for a defendant convicted of inflicting injury upon an elder?
California, United States of America
Does Section 460 of Section 459 of the California Code of Civil Procedure include the term "inhabited dwelling house"?
California, United States of America
What is the statute of limitations for promissory estoppel based on oral promises?
California, United States of America
What is a jury's duty to consider a defendant's defence?
California, United States of America
What is the test for suppressing evidence derived from a governmental search and seizure?
California, United States of America
Can an order of the district court which effectively reduces the size of a certified class action be corrected on appeal?
MultiRegion, United States of America
Can a defendant violate section 69 of the California Penal Code by threatening or using force against a police officer?
California, United States of America
What is the difference between a broker and a financial advisor?
California, United States of America
Are conditions of confinement claims under the Fourteenth Amendment or the Cruel and Unusual Punishments Clause of the Eighth Amendment?
MultiRegion, United States of America
What is the legal test for striking a ball from the first ground?
British Columbia, Canada
Is loss of valuable services in performance of housekeeping services included in general damages?
New Brunswick, Canada
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 a motion to reduce sentence for abuse of discretion?
MultiRegion, United States of America
What is the standard of review applied by appeal judges on the admissibility of evidence?
California, United States of America
Can a jury in a civil case be re-examined by the Court of Appeal if the jury in the case has been discharged without prejudice?
California, United States of America
What is the background to a criminal case where a defendant pleaded no contest to a charge of assault with intent to pervert the course of justice?
California, United States of America
Does an unpublished disposition or an unpublished order have persuasive authority to be cited as persuasive authority?
MultiRegion, United States of America
Does a defendant have a right to represent himself in a motion to appeal his conviction and death sentence?
California, United States of America
What is the effect of a transfer when determining fraudulent intention?
British Columbia, Canada
What is the legal test for vulnerability in a fiduciary relationship?
British Columbia, Canada
How have courts reviewed the admissibility of evidence in a sexual assault case?
California, United States of America
What is the test for success in a medical malpractice action brought by a plaintiff against a Health Minister?
Canada (Federal), Canada
What is the test for review for abuse of discretion?
MultiRegion, United States of America
What is the test for voluntary intoxication in a sexual assault case?
California, United States of America
What is the test for probable cause in a search and seizure?
California, United States of America
Is a demurrer moot if there is an amended complaint on file that supersede the original pleading?
California, United States of America
What is the reasonableness standard for an administrative tribunal's interpretation of a statute by its own statute?
Nova Scotia, Canada
What is the test for a motion for a defendant to be treated as if he had not previously been convicted of serious and/or violent felonies?
California, United States of America
What is the test for dismissing a case for failure to prosecute under Rule 41(b)?
MultiRegion, United States of America
Can the state continue to seek a motion for habeas corpus against a convicted rapist?
MultiRegion, United States of America
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account?
British Columbia, Canada
When a piece of evidence in the possession of the prosecution is destroyed because the prosecution finds it necessary to consume the evidence in order to test it, does the destruction violate due process?
California, United States of America
Can a cross-examination be evenly balanced between the parties?
Alberta, Canada
What is the defence counsel's failure to request CALCRIM No. 522?
California, United States of America
What is the test for an offence of conspiracy to be established?
British Columbia, Canada
Does the collateral source rule apply?
California, United States of America
Does commenting on a defendant's refusal to testify violate the Fifth Amendment's self-incrimination clause?
California, United States of America
Does the exclusionary rule apply to police disciplinary proceedings?
California, United States of America
What evidence supports the finding that a defendant waived his Miranda right by giving two statements to agents?
MultiRegion, United States of America
How has the trial judge assessed the credibility of the complainant in a sexual assault case?
Ontario, Canada
How has the court considered the normal contingencies of life expectancy?
Saskatchewan, Canada
Is it a constitutional violation to restrict cross-examination?
California, United States of America
Does qualified immunity apply to a defendant who is not a public official?
MultiRegion, United States of America
What are the remaining policy considerations in a motor vehicle accident case?
California, United States of America
What is the case law on "right to elect the most economical method of paying claims"?
California, United States of America
Does a warrant of deportation need to be served on an alien?
MultiRegion, United States of America
What is the test for awarding attorneys' fees under Code of Civil Procedure section 1021.5?
California, United States of America
In what circumstances will a local authority be able to conduct its own inquiry?
Ontario, Canada
What is the impact of COVID-19 on our courts?
Ontario, Canada
What is the test for obtaining an award for management services?
British Columbia, Canada
What is the test for granting relief in a medical malpractice case?
California, United States of America
What is the test for judicial disqualification under the due process clause?
California, United States of America
What is the standard for awarding custody of a minor child to a non-parent?
California, United States of America
Does the SCRA bar a plaintiff from bringing a claim for disability benefits while she is on active military duty?
MultiRegion, United States of America
Can a jury infer malice from the factual predicate underlying the determination of a lack of probable cause?
California, United States of America
In a diminished actuality case, can a defendant present evidence of mental illness to a jury in support of the diminishedactuality defense?
California, United States of America
How does the discovery rule affect a plaintiff's cause of action?
MultiRegion, United States of America
In what circumstances would the jury have been instructed to consider the relevant facts of the evidence presented in the trial?
California, United States of America
What is the test for obtaining an anonymous tip from a police community support officer?
California, United States of America
To what extent can off-duty prison guards attend a trial?
"New York", United States of America
What is the range of potential life sentences for the attempted first degree murder conviction?
California, United States of America
Can a defendant be punished for each criminal offence under section 654 of the California Criminal Code?
California, United States of America
Can expert testimony establish that a crime was committed to benefit a street gang?
California, United States of America
Is a plaintiff permitted to proceed with reasonable diligence in the prosecution of an action?
California, United States of America
What is the test for res judicata?
California, United States of America
What is the test for mitigation in a motor vehicle accident?
Ontario, Canada
What is the current state of the law on the basis of "viciousness" against a defendant in a retrial?
California, United States of America
Can a unilateral transfer (or transfer that is not for value) generate trust?
Alberta, Canada
What is the test for establishing a reasonable doubt in a sexual assault case?
California, United States of America
Is a statute of limitations an affirmative defense, not a pleading requirement?
MultiRegion, United States of America
What is the current state of the law in Canada on the issue of adequate alternative remedy?
Saskatchewan, Canada
In what circumstances will an ex post facto claim be denied?
California, United States of America
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder?
California, United States of America
What are the findings of the jury in the trial of the former Queen of the South on 5 counts of sexual assault?
British Columbia, Canada
What are the principles to be applied in a claim for loss of future earning capacity?
British Columbia, Canada
Is a solicitor's relationship with a client a contractual relationship between solicitor and client?
British Columbia, Canada
What is the test for reducing an award for attorney's fees?
MultiRegion, United States of America
What legal test does the court use to determine the meaning of the railway purposes condition?
British Columbia, Canada
How have courts treated "character and conduct" as an aggravating factor in a sexual assault case?
California, United States of America
What is the test for limiting the admissibility of evidence in a sexual assault case?
California, United States of America
What is the test for a discretionary publication ban?
Alberta, Canada
What is the test for a transfer of custody of a child from a state to a federal court?
MultiRegion, United States of America
Is a question that asks a lay witness to testify to facts the witness has not personally perceived "calls for speculation"?
California, United States of America
How is a motion to dismiss for failure to retain witnesses reviewed de novo?
MultiRegion, United States of America
What is the test for admitting poverty evidence in a civil case?
MultiRegion, United States of America
What is the penalty for multiple-murder?
California, United States of America
What is the state of the law in relation to the circumstances relevant to a custody inquiry?
MultiRegion, United States of America
What is the test for determining whether an error was made in an assessment of the balance of probabilities?
British Columbia, Canada
Is there any case law where a defendant has been convicted of more than one criminal offence?
MultiRegion, United States of America
Does a probation condition prohibiting the possession and consumption of alcohol need to be interpreted as requiring the probationer to have taken the action knowingly?
California, United States of America
What is the standard for "new evidence" on a bail review?
Ontario, Canada
What is the impact of stock options, RSUs and RSUs on the balance of compensation for an employee?
British Columbia, Canada
What is the test for an administrative suspension of a driver who has been found guilty of a criminal offence?
California, United States of America
What is the test for filing an information before a judge?
California, United States of America
What is the test for a jury to find a defendant guilty beyond a reasonable doubt?
California, United States of America
What is the effect of having to transport an inmate to testify in a civil case?
MultiRegion, United States of America
Does a prosecutor's statement that the trial court appeared aligned with the prosecution constitute a deceptive or reprehensible method of persuasion?
California, United States of America
What is the current state of the law on credibility?
British Columbia, Canada
What are the consequences of a dismissal pursuant to section 1381.5 of the California Penal Code?
California, United States of America
What is the test for committal in a sexual assault case?
British Columbia, Canada
Does a District Attorney have a continuing duty to disclose the identity of witnesses discovered after informal discovery?
California, United States of America
Can a party raise a statute of limitations argument in a motion to dismiss?
MultiRegion, United States of America
Is a plaintiff entitled to sue for all damages past, present and future?
California, United States of America
What is the test for review by writ?
California, United States of America
How does assumption of risk apply in a motor vehicle accident case?
California, United States of America
What is the test for discovery of confidential police officer personnel records?
California, United States of America
What is the test for establishing a rational connection between legislation and the law?
British Columbia, Canada
What are the elements of the "provocative act" murder?
California, United States of America
How have courts interpreted section 1170.95 of the California Penal Code?
California, United States of America
Is a land use regulation that is clearly arbitrary and unreasonable a violation of the Fourteenth Amendment?
California, United States of America
What is the test for overturning a conviction for sexual assault?
California, United States of America
What are the general principles that must be considered when determining excluded property claims?
British Columbia, Canada
What is proper dismissal of an action without leave to amend?
MultiRegion, United States of America
Can a lawyer who negotiated a finder’s agreement with third parties be found guilty of professional misconduct?
British Columbia, Canada
What is the test for "vigorous arguments" in a criminal case?
California, United States of America
Is probable cause for arrest based on information provided by a single informer?
California, United States of America
Can a party who is representing themselves at the Court of Appeal be denied a hearing?
California, United States of America
Can a finding of parental alienation be made at the interim stage and on the written record?
Ontario, Canada
In what circumstances will a jury find guilty of two counts of aggravated robbery?
California, United States of America
What is the test for determining if a defendant has committed a criminal offence against another defendant?
California, United States of America
What is the legal test for obtaining a writ of habeas corpus to recover property seized by the Department of Justice?
California, United States of America
What is the test for determining whether a person has the right to pay a debt?
California, United States of America
Is a right-to-sue letter sufficient notice in a Title VII action?
MultiRegion, United States of America
What is the test for determining if a federal mandate under the Sixth Amendment is violated?
California, United States of America
Does the entrapment defense need to be consistent with the defense presented at trial?
California, United States of America
Can a party who has access to the premises give consent to a search?
MultiRegion, United States of America
Is a ruling excluding third party culpability evidence abused for abuse of power?
California, United States of America
Does an amendment to the pleadings of a motion requiring a party to be served with a summons apply to a defendant?
California, United States of America
Can a lessor terminate a lease agreement as to termination of the lease should the lessor become dissatisfied with the conduct of the business?
Saskatchewan, Canada
What jurisdiction is given to the appeal court under Pt. XXIV of the Criminal Code?
Saskatchewan, Canada
What jurisdiction does the Superior Court have over guardianship proceedings?
California, United States of America
Is an uncharged offense necessarily included within a charged offense?
California, United States of America
What is the test for s. 4(2) of the BC Human Rights Code?
British Columbia, Canada
What is the test for determining whether a building code requirement has not been met?
British Columbia, Canada
What is the test for a police officer to be charged for failing to stop students from leaving class?
California, United States of America
What is the test for admitting or denying experimental evidence in a medical malpractice case?
California, United States of America
What are the factors used to determine the severity of a defendant's sentence for a strict liability offence?
California, United States of America
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case?
California, United States of America
Does attorney-client privilege apply?
MultiRegion, United States of America
What is the standard for evaluating the credibility and reliability of evidence at a civil trial?
British Columbia, Canada
In what circumstances will a waiver be waived?
Alberta, Canada
What is the test for determining whether an individual is disabled for purposes of disability benefits when there is evidence that detracts from the Commissioner's conclusion?
MultiRegion, United States of America
What is the test for paternity in a personal injury action?
"New York", United States of America
Is insufficient evidence sufficient to overturn a conviction for assault?
California, United States of America
Can a court entertain a motion for dismissal for delay in a family law matter?
Ontario, Canada
What is the test for establishing voluntary consent?
California, United States of America
Does filing materials and continuing litigation pending appeal constitute irreparable harm?
Ontario, Canada
Can a court grant a motion to dismiss under section 581 of the California Code of Civil Procedure?
California, United States of America
In what circumstances will the absurdity principle be interpreted to avoid absurd results?
Nova Scotia, Canada
What is the test for an allegation of false testimony in a civil case?
California, United States of America
Does the doctrine of proprietary estoppel apply?
British Columbia, Canada
Does a party who enters upon land by lease from a mortgagee in possession, or purchases from the mortgagee, be estopped from denying the right to possession of the land?
"New York", United States of America
What is the test for establishing a prima facie disparate impact case?
MultiRegion, United States of America
In what circumstances will a court allow a plaintiff's former wife to testify that he was a "moderate user" of alcohol?
California, United States of America
Is there any error in instructing a jury to consider each of the charges in the same order?
California, United States of America
What is the burden of proving the reasonableness of deductions from business income?
British Columbia, Canada
Does a defendant have a right to competent assistance of counsel?
California, United States of America
What is the current state of the law on how to evaluate former testimony?
California, United States of America
