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 constructive fraud and what is the definition of constructive fraud?
"New York", United States of America
Can the death penalty be reduced to life imprisonment without parole?
California, United States of America
How has the Court considered "fair value" in assessing the value of confidential information?
Alberta, Canada
What is the test for a constructive dismissal claim if an employee is not treated with civility, decency and respect?
Alberta, Canada
What is the test for time, prejudice, or misleading the jury in a personal injury case?
California, United States of America
What constitutes a "substantial step" towards committing a crime?
MultiRegion, United States of America
What is the current state of the law on temporary disability payments?
California, United States of America
Can a choice of law analysis be conducted at the motion to dismiss stage?
MultiRegion, United States of America
What is the test for establishing that a homicide was committed "upon a sudden quarrel or heat of passion"?
California, United States of America
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings?
MultiRegion, United States of America
What decisions have been made in the context of a People's Amendment?
California, United States of America
Is impounding a car a seizure within the meaning of the Fourth Amendment?
MultiRegion, United States of America
What is the test for spousal support in a separation agreement?
Ontario, Canada
Can a motion to dismiss an indictment based on double jeopardy be dismissed?
MultiRegion, United States of America
Is a statute of repose sufficient to block causes of action before they even accrue?
"New York", United States of America
What is the test for contempt of a parent's access order?
Ontario, Canada
What is the test for constitutionality of a penal statute?
California, United States of America
Does Section 876(c) of the Civil Code of Civil Procedure require a specific intent to threaten or otherwise constitute a specific threat?
MultiRegion, United States of America
What is the standard of review for a question of law?
Alberta, Canada
What is the role of an intervenor in a civil matter?
British Columbia, Canada
Can a judge communicate with a deliberating jury during a trial?
California, United States of America
Does a defendant have to be released from custody if they are charged with assault under section 1384 of the California Penal Code?
California, United States of America
Can a search warrant be issued for an out-of-county search?
California, United States of America
What are some of the findings in a medical malpractice case?
California, United States of America
Is antedate a claim?
Canada (Federal), Canada
What is the effect of a de novo a district court's disposition of a petition for a writ of habeas corpus?
MultiRegion, United States of America
Does grand theft require a motor vehicle to be taken in a robbery?
California, United States of America
What is the test for compensatory support in a long-term relationship?
Ontario, Canada
How have juries in a criminal trial been instructed to not be biased against a defendant because they have been arrested and charged with a crime?
California, United States of America
Does an employee's employee handbook say all employees must sign an arbitration agreement?
California, United States of America
What is the current state of the law on sexual assault in prison?
California, United States of America
What is the range of damages for loss of enjoyment of life, pain, suffering and loss of amenities?
British Columbia, Canada
What is the test for obtaining consent for a search?
California, United States of America
Is Hood eligible for probation under the 6th Amendment?
California, United States of America
What is the basis for an application under Rule 18A of the Rules 18A?
British Columbia, Canada
Does a cause of action accrue when a judgment has become final?
California, United States of America
What is the test for charging the jury in a motor vehicle accident case?
Saskatchewan, Canada
Does a notice of intent to seek a penalty for failure to resume or begin payments prior to a hearing on the penalty claim?
California, United States of America
What is the retroactive nature of a claim for spousal support?
Ontario, Canada
Is reasonable diligence required for a plaintiff to seek relief from the courts?
MultiRegion, United States of America
What is the automatic stay rule?
California, United States of America
What is the limitation of the Fourth Amendment waiver relating to computers and recordable media?
California, United States of America
What is considered substantial evidence in the context of a decision by the Commissioner of Civil Justice?
MultiRegion, United States of America
What is the test for a "clearly descriptive" or "coined" phrase on a Pizza Pizza logo?
Canada (Federal), Canada
Can a defendant town be held liable under the rule in Rylands v Fletcher v Fletcher?
Saskatchewan, Canada
What is the difference between voluntary and involuntary manslaughter?
California, United States of America
What is the effect of a clause in a mortgage that states that a mortgagor agrees that the advance of the mortgage is solely to the mortgagees?
Alberta, Canada
Is there any case law supporting an appeal from an interlocutory order?
Ontario, Canada
Can a jury be found to have reached the same verdict in the penalty phase as a result of misconduct?
California, United States of America
What are the consequences of signing and cashing fraudulent checks?
California, United States of America
What is the test for "materially advancing" an action?
Alberta, Canada
How have courts treated the distinction between charged and uncharged conduct and the standard of proof in cases of severe penalty increases?
MultiRegion, United States of America
What is the test for reasonable grounds in a sexual assault case?
Ontario, Canada
What is the proper interpretation of the subject clause in an agreement to lease?
British Columbia, Canada
Is a defendant entitled to a claim of ineffective assistance of counsel for failing to object on appeal?
California, United States of America
What is the effect of amendments to the Criminal Code Act in the context of cross-references to other sections of the Penal Code?
California, United States of America
Is a defendant entitled to appeal against his sentence for assault with intent to cause grievous bodily harm?
California, United States of America
What is the effect of having different surnames from the children of the same mother?
Manitoba, Canada
Does the trial judge conclude that the husband has control and possession of family assets of which he has no knowledge?
British Columbia, Canada
How have courts interpreted the Miranda right of a criminal suspect to ask for a lawyer to be present at questioning?
California, United States of America
What is the test for a hostile work environment claim?
MultiRegion, United States of America
How has exclusionary rule been interpreted in the context of retroactivity issues?
MultiRegion, United States of America
What is the standard of review for a motion to relieve a retained attorney?
California, United States of America
Is there any basis for supposing that Gaines did not believe that the statements made by Gaines were true?
MultiRegion, United States of America
Is there a presumption of concurrent federal and state court jurisdiction?
MultiRegion, United States of America
Does the exclusionary rule at trial and on appeal apply to search and seizure claims of state prisoners?
MultiRegion, United States of America
Is a liability insurer permitted to assume and conduct a defense of an action brought against the insured on the basis of forfeiture or noncoverage?
California, United States of America
What is the test for a plaintiff's right to demand payment of 3,000 dollars from Respondent to Respondent?
California, United States of America
Is there any evidence that any party asked the trial court to include the phrase "other than an accomplice" in its jury instruction?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the scope of habeas for federal prisoners?
MultiRegion, United States of America
Does a person lawfully present on the premises have standing?
California, United States of America
What is the test for making a declaration in a personal injury matter?
British Columbia, Canada
What is the legal test for making changes to a city's pension policy?
California, United States of America
What rights does a public official have to speak out in the workplace?
MultiRegion, United States of America
What constitutes an intent to kill?
California, United States of America
What is the burden of persuasion against a party opposing a peremptory challenge?
California, United States of America
When will a jury reject a defendant's claim that trial counsel refused to object to the prosecutor's closing argument?
California, United States of America
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
What evidence is sufficient to establish a clear breach of the Fence By-law?
Ontario, Canada
What is the test for making a government claim for money or damages under the Government Claims Act?
California, United States of America
What is the test for finding a defendant to be liable for an injury caused by negligence?
California, United States of America
What is the test for removing a defendant's attorney from the witness box?
California, United States of America
Does the majority of the Supreme Court have any authority to apply the rule of lenity to a defendant who has been convicted of a sexual assault?
MultiRegion, United States of America
What is the limitation period for a claim brought by a plaintiff in 2014?
Ontario, Canada
What is the effect of a police officer stopping a motorist for investigation and citation?
California, United States of America
Can a court impute income to a father who failed to provide medical evidence indicating that his health was compromised by health concerns?
Nova Scotia, Canada
Is there any case law in which a defendant has been found guilty of a charge of contempt of court for failing to attend a hearing?
MultiRegion, United States of America
What is the test for establishing that a party to a contract has a right to terminate the contract?
British Columbia, Canada
Is Respondent to a Motion for a Separation of Jurors waived his right to move for a new trial when he became aware that an alternate juror had been in the jury room?
California, United States of America
Is a salary continuation benefit paid to an employee while absent from work deductible from loss of income damages?
British Columbia, Canada
How have courts treated evidence that a student was treated radically different than others in a similar situation?
California, United States of America
How have courts interpreted section 186.22.22 of the California Criminal Code when a defendant and an aider and abettor of the crime are accused of the same crime?
California, United States of America
Can a review court assume that a trial judge considered certain issues in a written decision?
Ontario, Canada
What is the standard of review of a decision of a prothonotary?
Canada (Federal), Canada
What are the elements of the tort of intentional infliction of harm?
British Columbia, Canada
What is the test for expert testimony in a medical malpractice action?
Ontario, Canada
In what circumstances will police be called to a school when a teacher is on stress leave?
British Columbia, Canada
What is the test for a jury to determine whether a car manufacturer is liable for a design defect?
MultiRegion, United States of America
Does the prosecution need to call a corroborating witness to support the testimony of the officer?
California, United States of America
What is the test for a motion to suppress or suppress a drug possession charge?
California, United States of America
What is the exclusion clause in a personal injury claim?
Ontario, Canada
What is the test for involuntary manslaughter in a shooting case?
California, United States of America
What is the legal test for an appeal from a finding that a defendant has been convicted of second degree murder under section 1170.95 of the California Criminal Code?
California, United States of America
How has the Attorney General responded to a motion to appeal against the revocation of a defendant's parole?
California, United States of America
Can a jury overturn a finding that a summary of the facts was not factually accurate?
MultiRegion, United States of America
Can a jury overturn a conviction for felony murder?
California, United States of America
How has the exclusion for intentional and criminal acts been interpreted in the context of a house fire?
Ontario, Canada
What is the test for a successful defendant to claim costs directly from the unsuccessful defendant?
Alberta, Canada
What is the burden of proving prejudice against a defendant asserting a right to speedy trial under the California State Constitution?
California, United States of America
What is the test for a reciprocal right to attorney fees in a contract?
California, United States of America
What is the test for risk-utility analysis in motor vehicle safety cases?
"New York", United States of America
What is the test for a jury to determine whether a defendant has been found to be a defendant in a civil case?
"New York", United States of America
What is the standard of review in the context of an error of law?
Canada (Federal), Canada
What is the test for a strata to prove negligence against an owner who causes damage to its property?
British Columbia, Canada
What is the test for non-pecuniary loss compensation?
British Columbia, Canada
Is a defendant considered armed even if the weapon is inoperable or unloaded?
California, United States of America
What is the test for a defendant to succeed on a claim of ineffective assistance of counsel in a civil case?
California, United States of America
What is the test for using third party evidence in a civil case?
California, United States of America
In what circumstances has the BCSC considered a summary summary of the facts of the case?
British Columbia, Canada
Can a witness be impeached in a criminal trial if he admitted past misconduct involving moral turpitude?
California, United States of America
What is the test for overturning a sexual assault conviction?
California, United States of America
What is the law around adverse inference in civil cases?
Alberta, Canada
What is the legal test for a motion to dismiss an indictment?
MultiRegion, United States of America
What is the test for error in section 654 of the California Criminal Code?
California, United States of America
Can a police officer conduct a probation search without the consent of the probation officer?
MultiRegion, United States of America
What is the relevance of a relevance ruling for abuse of discretion?
California, United States of America
In what circumstances will a statute replace the common law?
California, United States of America
What is the test for making out a tort?
Ontario, Canada
What is the test for making an arrest for battery?
MultiRegion, United States of America
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof?
New Brunswick, Canada
Is there an objection required in the trial court to preserve the issue for review on appeal?
California, United States of America
Is there any case law that supports the argument that the intent to kill is not an essential element to murder by torture?
California, United States of America
How has the record been reviewed by the Court of Appeal?
California, United States of America
Can an administrator apply to the court for directions if the owners do not vote in favour of his recommendations?
British Columbia, Canada
What is the standard of courtesy, courtesy and formality of a self-represented plaintiff in a personal injury trial?
British Columbia, Canada
What is the test for appointing counsel in an employment discrimination case?
MultiRegion, United States of America
What is the test for a motion to bar a retrial on the basis of double jeopardy?
MultiRegion, United States of America
How has section 1001.36 of the California Criminal Code been interpreted by courts?
California, United States of America
In what circumstances will a defendant be held liable for the murder of a police officer who was shot by a defendant who was carrying nitroglycerin?
California, United States of America
What is the testator's knowledge and approval of a will?
Alberta, Canada
What is the test for construe all parts of a statute together?
California, United States of America
What are the findings of the Court of Appeal in determining there was no instructional error and no prejudice?
California, United States of America
How have courts interpreted evidence in the context of methamphetamine abuse cases?
California, United States of America
What jurisdiction does a judge have to medify or amend a custody order?
California, United States of America
Does a wife who has not pursued her career pursue her career and instead has stayed home to care for the home and the children suffer permanent economic disadvantage from the marriage?
Alberta, Canada
Can an inference of indirect pecuniary interest be drawn primarily from a relationship between an employer and an employee?
Alberta, Canada
What is the test for establishing a common scheme or plan?
California, United States of America
What is the test for probable cause in search warrants?
MultiRegion, United States of America
What is the proper remedy for a motor vehicle accident?
British Columbia, Canada
What is the test for a prison officer to be found guilty of deliberate indifference by failing to prevent an assault?
MultiRegion, United States of America
What is the test for driving in the wrong lane?
Manitoba, Canada
What is the test for intent to murder?
California, United States of America
What constitutes deliberate indifference in prison medical malpractice cases?
MultiRegion, United States of America
What are the findings of a motion to overturn a conviction for sexual assault brought by an appellant in the Superior Court of Appeal?
California, United States of America
Is a delay in rescinding a contract a defense in an action for fraud?
California, United States of America
What is the test for a police officer to invoke the emergency aid exception?
California, United States of America
What is the effect of a motion to withdraw from a personal injury action?
MultiRegion, United States of America
Is a defendant's right to a speedy trial forfeited if they fail to object to the date set?
California, United States of America
Is there a violation of Miranda v. Arizona v.Wade v. Wade, or is there any violation of the Miranda Rule?
MultiRegion, United States of America
Under what circumstances can a police officer stop and frisk an individual based on reasonable suspicion of armed robbery?
MultiRegion, United States of America
How have attorney fees been denied to the prevailing defendant under two competing deeds of trust?
California, United States of America
What is the standard of conduct of an attorney in a personal injury action?
California, United States of America
Does the principle against self-incrimination apply to a witness in a criminal case?
British Columbia, Canada
What is the test for an argument that a confession made by a defendant was coerced?
California, United States of America
What is the test for an allegation under section 186.22(b) of the California Criminal Code?
California, United States of America
What is the standard of review applied to a finding of concealed bias?
California, United States of America
Does the trial court properly instruct the jury regarding credibility of witnesses and weighing of conflicting testimony?
California, United States of America
What is the defence argument in a personal injury action for depression and chronic pain?
British Columbia, Canada
How is a motion for a mistrial reviewed by the Court of Appeal?
California, United States of America
When will the court consider an accessory to murder?
California, United States of America
What is the test for obtaining an injunction against an individual who has committed a breach of the Public Prosecutions Act?
British Columbia, Canada
In what circumstances will the court rely on circumstantial evidence in a murder case?
"New York", United States of America
What is the test for making a threat under section 422 of the California Criminal Code?
California, United States of America
What is the current state of the law on "were they lying" questions?
California, United States of America
What is the test for determining whether there is an affirmative record to support a claim of sexual assault?
California, United States of America
Can evidence of potential but untried criminal charges be considered in sentencing decisions?
Canada (Federal), Canada
What is the test for admitting into evidence an autopsy photograph of a patient as evidence in a medical malpractice case?
California, United States of America
How have the courts dealt with allegations of abuse of discretion in a sexual assault case?
California, United States of America
What is the test for admitting evidence of domestic violence in a murder case?
California, United States of America
Does the doctrine of frustration apply when a defendant waives the defense of frustration?
MultiRegion, United States of America
Can a condominium corporation commence an action under the Condominium Owners Act?
Ontario, Canada
What is a lawyer's obligation to take reasonable steps to avoid reasonably foreseeable prejudice upon withdrawing from representation of a client?
California, United States of America
What is the test for a primary caregiver in a medical marijuana case?
California, United States of America
How have courts interpreted the meaning of the word "surrounding the interrogation" in the context of the Miranda rights?
California, United States of America
What is the test for making a Second Amended Complaint?
MultiRegion, United States of America
What is the test for a plaintiff to claim damages for past and future loss of income capacity?
British Columbia, Canada
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards?
British Columbia, Canada
What is the test for successfully challenging an award for attorney fees?
California, United States of America
Is a municipal councillor required to declare an interest in the sale of a piece of land where the land is to be sold?
Ontario, Canada
What knowledge is required to prove that there is a gang-related crime, enhancements and special circumstance?
California, United States of America
What is the test for severance when there is an imbalance in the strength of the case against multiple accused?
Ontario, Canada
Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees?
California, United States of America
How is child support calculated when the parties have equal time with each child?
British Columbia, Canada
Is it unlawful to present or present a statement in support of or opposition to a claim for payment under a contract of insurance?
California, United States of America
If a plaintiff fails to cure the defects mentioned in the action, will the action be dismissed?
MultiRegion, United States of America
Does the question of whether the evidence was properly admitted under the California Evidence Code section 352 need to be reviewed for abuse of discretion?
California, United States of America
Does a probationer have a right to be heard in person at a revocation hearing?
California, United States of America
In applying section 654 of the Criminal Code Code, can a court change the abstract of judgment to reflect that appellant was convicted of first degree residential burglary for a prior strike?
California, United States of America
What is the test for sufficiency of evidence to support a conviction?
California, United States of America
