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.
Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie?
California, United States of America
What is the test for "abuse of discretion" in sentencing decisions?
MultiRegion, United States of America
What is the role of the court on judicial review?
British Columbia, Canada
In a personal injury action, can a plaintiff specify an amount in the prayer to which he is willing to be limited in the case of a default?
California, United States of America
What is the test for an abuse of discretion when the trial court's ruling in a case of consolidation for the purposes of the consolidated pleading?
California, United States of America
Is there any case law where a finding of contempt was based on post-judgment wrongdoing?
Ontario, Canada
Does a partial reliance on a criminal record defeat defendant's Sixth Amendment claim?
California, United States of America
What is the lex loci delicti rule in Canadian inter-provincial law?
Newfoundland and Labrador, Canada
What is reasonable wear and tear for a commercial premises?
British Columbia, Canada
Can a turnstile post from a crime scene be used to prove the identity of the killer?
California, United States of America
Does the prosecution need to prove each offence occurred on the date or date alleged?
California, United States of America
Is retrograde extrapolation relevant in determining whether a defendant was driving under the influence?
California, United States of America
What is the test for an employee to voluntarily leave their employment?
Canada (Federal), Canada
What are the elements of fraud/fraudulent misrepresentation?
British Columbia, Canada
Is a sales agent entitled to termination of an exclusive sales agent contract?
British Columbia, Canada
How to examine challenges to prison conditions based on the Eighth Amendment?
MultiRegion, United States of America
What is the legal test for error in a judgment against defendant in his personal injury case?
California, United States of America
Is there any case law to support a claim that Robbins has been declared bankrupt?
MultiRegion, United States of America
What is the test for denying a plaintiff a speedy trial claim de novo?
MultiRegion, United States of America
What is the standard of review in the context of a civil case?
California, United States of America
Is standing to bring a representative proceeding under R. 20-3 a legal test?
British Columbia, Canada
What is the test for a gang to engage in a "pattern of criminal gang activity"?
California, United States of America
What is the legal test for intellectual disability?
California, United States of America
What is the test for dismissing a forma pauperis claim?
MultiRegion, United States of America
Is there any case law or precedent for the issue of good faith in a commercial real estate proceeding?
British Columbia, Canada
Is an order disqualifying defense counsel in a criminal case appealable under the collateral order?
MultiRegion, United States of America
Is a waiver of the statute of limitations valid?
MultiRegion, United States of America
What are the costs of a motion to remove a trustee?
California, United States of America
Is there any policy or practical reason to proceed with a hearing on a matter which is now moot?
Alberta, Canada
Is a defendant competent to stand trial or enter a plea?
California, United States of America
What is the test for appealant to appeal against an order made by a judge in a personal injury case?
California, United States of America
What is the test for security for costs of an appeal?
Saskatchewan, Canada
Does the Defendant have forfeited the issue of material material to the defense on appeal?
California, United States of America
Does section 2034(i)(2)(B) of the California Medical Code require an expert witness fee to be paid to a treating physician who also gives standard care opinion testimony?
California, United States of America
Is possession of a loaded firearm a felony under section 12031 of the California Criminal Code?
California, United States of America
What is the burden of establishing an ERISA plan?
California, United States of America
Is a telephone booth a "building" within the meaning of section 459 of the California Civil Code?
California, United States of America
Does a settlement agreement need to be fully enforceable?
California, United States of America
Is there any case law where a plaintiff asserts that they are challenging the "doctrine" of the state court?
MultiRegion, United States of America
What is the current state of the law on bad faith inquiry in sexual assault cases?
MultiRegion, United States of America
Does a disclaimer on a motion to suppress a search warrant require the disclosure of the contents of the search warrant officer's car?
California, United States of America
What is the test for a motion for reconsideration under section 1008?
California, United States of America
Can a jury infer that a witness who refused to testify after a grant of immunity from prosecution is a member of a criminal gang who was subsequently granted immunity?
California, United States of America
What is the test for supervised access?
British Columbia, Canada
What is the test for establishing that a plaintiff is entitled to sue for damages for misappropriation of pages 16 of the New York Times?
California, United States of America
What is the test for the exclusion of evidence in a criminal trial?
"New York", United States of America
What is the test for an amended complaint in a civil case brought by a prisoner alleging illegal search and seizure?
MultiRegion, United States of America
How have the courts interpreted the reasonable doubt standard at the penalty phase?
California, United States of America
What is the effect of still photographs of a suspect being shown to a witness prior to a live lineup?
California, United States of America
How will the court remove a trustee where the welfare of the beneficiaries requires it?
British Columbia, Canada
What is the test for deferential abuse of standard when a trial court fails to strike or dismiss a prior conviction allegation?
California, United States of America
Does a court have standing to challenge a medical malpractice ruling?
MultiRegion, United States of America
What is the test for determining whether a person is a member of a terrorist group?
Canada (Federal), Canada
What are the purposes and benefits of an admission of guilt?
Alberta, Canada
What is the test for deficient performance in a civil case?
California, United States of America
What is the test for rebutting the presumption of not intending to drive?
Ontario, Canada
What is the test for guilt beyond a reasonable doubt?
California, United States of America
Can a judgment be set aside on appeal because of a failure to make a specific finding?
California, United States of America
Is a district court order dismissing a complaint with leave to amend appealable?
MultiRegion, United States of America
Is affidavit evidence from a decision maker admissible on judicial review?
British Columbia, Canada
Does a police officer need to have his siren activated before he strikes a pedestrian?
British Columbia, Canada
Is there any case law where a judge has changed the sentence of a defendant to compensate for the disallowance of a penalty imposed for wrongdoing of a different kind?
MultiRegion, United States of America
What is the test for determining whether there was a single conspiracy encompassing multiple counts?
California, United States of America
What is the test for ultra vires the directors or the whole body of shareholders of a company?
Ontario, Canada
What is the standard for a waiver of a patient's right to be present?
California, United States of America
What is the effect of the statute of limitations on the dismissal of a motion for sexual assault?
MultiRegion, United States of America
What is the procedure used by a coroner to determine the cause of death at an inquest?
California, United States of America
What is the impact of the common law on our society?
British Columbia, Canada
What is the test for calculating attorney's fees in civil rights cases?
MultiRegion, United States of America
Does defendant have any grounds to argue that the court did not have to waive the three pretrial conference rule?
California, United States of America
In what circumstances will a court allow a purchaser to rescind a contract of purchase of a vehicle that is not a 1950 vehicle?
British Columbia, Canada
What is the test for abuse of discretion in determining whether a defendant was deprived of a fair and impartial tribunal?
MultiRegion, United States of America
Can a defendant appeal his conviction for assault with a deadly weapon?
California, United States of America
Can a defendant change his plea and plead guilty to assault and assault with intent to commit murder?
MultiRegion, United States of America
Is a plaintiff entitled to a cause of action for civil relief when they allege that they were discharged because they designated an attorney to represent them?
California, United States of America
What is the legal obligation of a doctor to provide a patient with sufficient information about a proposed treatment or procedure?
British Columbia, Canada
What is the role of damages in a personal injury action?
British Columbia, Canada
Is there a constitutional issue where a defendant is a member of a Highland Street gang who commits a crime with a connection to the gang?
California, United States of America
Does a defendant need to be advised of the minimum portion of the sentence that will have to be served in custody when they plead guilty to a similar charge?
California, United States of America
What is the test for judicial review of an arbitrator's decision in a dispute?
California, United States of America
What is the test for malice in a murder case?
California, United States of America
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights?
California, United States of America
In closing argument to a jury, in what circumstances will the jury be unable to hear closing arguments?
California, United States of America
Can a plaintiff bring a state law claim against one defendant?
MultiRegion, United States of America
Is it unusual or improper to comment on the failure to call a logical witness?
California, United States of America
Can a contract be entered into a contract that is not inherently illegal?
Nova Scotia, Canada
In the context of constructive trust, how have the courts in Canada treated constructive trusts?
British Columbia, Canada
Is it unlawful to kill in a motor vehicle accident?
MultiRegion, United States of America
Is there any case law where a defendant relies on a statement that refers to the right to counsel?
California, United States of America
What is the burden of proving that a police interview constituted a custodial interrogation?
California, United States of America
Is there any case law where a calculation error as to the hours of a husband’s hours was discovered during oral reasons?
British Columbia, Canada
Is a defendant required to refer to a prior pleading in order to make an amended pleading complete?
MultiRegion, United States of America
When will the Minister of Justice grant extradition to the United States?
Ontario, Canada
What is the test for a claim under the Fourth Amendment where a child has been "seized" by the police?
MultiRegion, United States of America
What considerations will be considered in deciding whether to grant leave to appeal?
British Columbia, Canada
What is the test for determining whether a claim against an employer can be treated as an ordinary dispute between an employer and employee?
California, United States of America
What is the applicable standard in determining the prevailing market rate for attorney fees?
MultiRegion, United States of America
Can an application to strike out the endorsement on a writ of summons under Rule 19(24) be made at any stage of the proceedings?
British Columbia, Canada
What is the test for committal in an extradition hearing?
British Columbia, Canada
Is there an abuse of discretion in denying a plaintiff's request to substitute himself as pro se counsel?
MultiRegion, United States of America
What is the test for striking a claim pursuant to Rule 9-5 (1)?
British Columbia, Canada
Is it a violation of Canadian law that a plaintiff has to travel to a different province to bring a claim at a different court?
Saskatchewan, Canada
What is the test for establishing that a motion is a writ proceeding?
California, United States of America
Is circumstantial evidence sufficient to convict a defendant?
California, United States of America
What is the test for determining liability for a following driver who runs into another vehicle from the rear of the vehicle?
Ontario, Canada
What is the only seizure Yousefian suffered as a result of his prosecution on simple drug possession charges?
MultiRegion, United States of America
Can a shareholder, officer and director of a corporation seek an oppression remedy for the wrongful dismissal of an employee?
Ontario, Canada
What is reckless knowledge of a lawyer who is aware of the risk that her conduct will be part of a dishonest transaction?
Ontario, Canada
What is the test for establishing that a drug has caused a person to develop cancer?
California, United States of America
What is the result of a motion to withhold a decision from a judge?
"New York", United States of America
What is the range of damages for non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
Does a joint tenant have a prima facie right to partition or sale?
British Columbia, Canada
What is the case law that supports the argument that a homogeneous school is the most important institution for the survival of English language minority education?
Ontario, Canada
Is a plaintiff entitled to equal protection under the California Constitution and the Fourteenth Amendment?
California, United States of America
How will we proceed with questioning the expert witness in a personal injury case?
California, United States of America
How have evidentiary errors been dealt with in a criminal case?
California, United States of America
Can a misrepresentation in a permit application be used as the basis for a claim for justifiable reliance?
California, United States of America
What is the test for a jury to convict a defendant of a violation of a criminal statute?
California, United States of America
Does a mortgagee have an obligation to release unadvanced funds from a trust account in the name of both the mortgagor and the mortgagee?
British Columbia, Canada
Can an instruction of the Circumstances of the Crime, Other Violent Criminal Activity and Prior Felony Convictions be taken by the jury to permit double-counting?
California, United States of America
What is the difference between in-home assessment and orthopedic assessment?
Ontario, Canada
How have courts treated evidence of sexual offenses against a developmentally disabled young girl?
California, United States of America
Does a defense objection on the grounds of prosecutorial misconduct?
California, United States of America
What is the test for determining whether there is an aggravating circumstance in a sexual assault case?
California, United States of America
Does the Attorney General have any authority or authority to grant credit to a defendant who has been in presentence for a period of time?
California, United States of America
Does a defendant have to oppose his sentence on appeal on the same grounds he now asserts on appeal?
California, United States of America
What is the effect of the judgment of the Court of Appeal in the case of Barnes’s Will Trusts?
Saskatchewan, Canada
What is the test for impaired driving under the influence of drugs?
British Columbia, Canada
Does section 44944(e)'s attorney fee provision survive invalidation of its hearing cost provision?
California, United States of America
What is the test for an abuse of discretion when a federal district court does not employ the standard used to determine whether a motion has been successful?
MultiRegion, United States of America
Can a tenant-in-common (tenant in common) claim exclusive possession of the property?
"New York", United States of America
Does the phrase "inhabited dwelling house" in the California Penal Code apply to a home that is not occupied?
California, United States of America
Is there an objectively serious medical need for an individual who has HCV?
MultiRegion, United States of America
What is the impact of the absence of an expert report at trial?
Ontario, Canada
Can a court order the publication of the name and address of a patient who allegedly raped a patient at a mental health facility?
California, United States of America
Is a search warrant sufficient to suppress pornographic material seized from a home pursuant to a warrantless search?
MultiRegion, United States of America
What is the effect of a trial court's failure to instruct on the burden of proof for a consent defense in a sexual assault case?
California, United States of America
How has the court interpreted instruction on involuntary manslaughter?
California, United States of America
Does Section 186.22, subdivision (b)(5) of the California Criminal Code apply to a life sentence for a man convicted of attempted murder committed for the benefit of a street gang?
California, United States of America
What is the test for applying article I, section 14 of the California Civil Code for damages caused by a motor vehicle accident?
California, United States of America
Can a co-defendant exclude a witness from a discovery?
Nova Scotia, Canada
Does the allegation of physical force, restraint and/or physical harm in the search warrant affidavit support a violation of the forced labor statute?
MultiRegion, United States of America
What is the effect of a plaintiff accepting a position as of May 25, 1976 as of the date of entry to a university degree course?
Alberta, Canada
How have the courts interpreted jury instructions in cases involving sexual assault cases?
California, United States of America
What is the test for credibility and demeanour of the witnesses?
British Columbia, Canada
What evidence supports the finding of the jury that White knew or should have known that the victim was incapable of resisting sexual assault due to alcohol intoxication?
California, United States of America
What is the effect of Proposition 115 on crime victims justice?
California, United States of America
In what circumstances will a court vacate an award for nondisclosure at an arbitration?
California, United States of America
What is the test for dismissing an action for failure to comply with any order?
MultiRegion, United States of America
What is the test for habeas relief for defective jury instructions in a criminal trial?
MultiRegion, United States of America
What is a "material risk" to a patient in a medical malpractice case?
Alberta, Canada
What is the state of the law on appellate counsel's conduct in appellate proceedings?
California, United States of America
What is the evidentiary link that is required for an insurance company to have a claim for future care?
British Columbia, Canada
What is the current state of the law on valuation of loss of earning capacity?
British Columbia, Canada
Can a defense counsel for the Spans appeal the instructions of the District Court's instructions de novo on sexual assault?
MultiRegion, United States of America
What is the liability of a trustee who takes or retains possession of property that is not asset of the estate?
MultiRegion, United States of America
Does the presumption of intent to trespass apply in the context of a contract of insurance?
California, United States of America
What is the mandatory victim fine surcharge?
Ontario, Canada
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case?
MultiRegion, United States of America
What is the test for automatic reversal of a sexual assault conviction?
MultiRegion, United States of America
What are the elements of a conviction for mail and wire fraud?
MultiRegion, United States of America
What is the test for interim custody of a child?
Ontario, Canada
Is a plaintiff's use of marijuana before driving a vehicle a superseding cause of accident?
California, United States of America
What is the standard of review for a failure to give a cautionary instruction?
California, United States of America
What is the test for obtaining consent to search a drug dealer's home?
California, United States of America
What is the test for a jury to determine whether a defendant has been successful in a sexual assault case?
California, United States of America
What is the test for perjury under section 118 of the Penal Code?
California, United States of America
Does a defendant have 100% liability in a medical malpractice case?
Alberta, Canada
Can recommendations made by a qualified health care professional support a cost of future care claim?
British Columbia, Canada
What is the test for a discretionary motion for relief under section 473 of the California Code of Civil Procedure?
California, United States of America
What is the test for sustaining a conviction based on only circumstantial evidence?
California, United States of America
When will a hearing be held to determine the credibility of witnesses?
MultiRegion, United States of America
How has the court apportioned assets between husband and wife in a matrimonial relationship?
British Columbia, Canada
Is a mistake in instructions on a lesser included offense in a non-capital case subject to review?
California, United States of America
What is the legal test for a solicitor who acts for both the donor and the donee?
Alberta, Canada
What is the test for a child to be moved from their current residence?
Ontario, Canada
How have courts dealt with seizure of assets in civil cases?
MultiRegion, United States of America
What is the test for a challenge to the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for determining the reliability of information provided by an informant?
MultiRegion, United States of America
Can a second or successive habeas corpus application be granted in the federal district court?
MultiRegion, United States of America
What rights does a criminal defendant have to counsel?
California, United States of America
What is the test for consent under the Fourth Amendment?
California, United States of America
Can a medical contract for medical services containing an arbitration provision be used to resolve a wrongful death claim?
California, United States of America
What is the difference between a representation and a warranty?
Manitoba, Canada
Are there any exceptions to the general rule requiring an objection and request for admonition?
California, United States of America
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Is an extradition judge a court of competent jurisdiction for purposes of s. 24 of the Charter of Rights and Freedoms?
Canada (Federal), Canada
How has 9-1(6)(c) been interpreted in the context of litigation costs in a personal injury case?
British Columbia, Canada
Is a bonus incentive clause in a contract enforceable?
Alberta, Canada
What is the effect of the BCSC's s.8 analysis at paras. 8 and 8 analysis at s.58-84?
British Columbia, Canada
Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal?
California, United States of America
Is it unreasonable for the respondent to cancel an application for additional overdue interest on a personal injury claim?
Canada (Federal), Canada
Can a plaintiff bring a cause of action for malicious prosecution?
California, United States of America
What is the test for the rule of convenience in medical malpractice cases?
California, United States of America
What are the implications of a conviction for mail fraud in relation to the federal wire fraud statute?
MultiRegion, United States of America
What is the meaning of “justification” in law?
British Columbia, Canada
What are the factors used to assess a settlement offer under Rule 9-1(6)?
British Columbia, Canada
What is the standard of review in a civil case where a judge has found that a plaintiff has been ordered to proceed pursuant to an invalid regulation?
California, United States of America
What is the test for determining whether a person who has made a threat to kill someone has a right to bodily harm?
California, United States of America
