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 legal test for substantial evidence to support the jury's verdict in a robbery case?
California, United States of America
What is the legal test for establishing an easement by way of implied grant?
British Columbia, Canada
What is the test for "substantially justified" use of the word "reasonable" in a civil case?
MultiRegion, United States of America
Can a witness qualify as an expert in practices and norms of insurance industry in the context of a bad faith claim?
MultiRegion, United States of America
What is the test for establishing an affirmative demonstration of error?
California, United States of America
What evidence does the court need to establish that the intent of the applicant was not intended?
California, United States of America
What is the test for determining whether a federal statute or statute can be reviewed in a rational basis review?
"New York", United States of America
Is a finding that plaintiffs failed to establish the claimed boundary line by adverse possession supported?
California, United States of America
Can a defendant obtain a certificate of probable cause?
California, United States of America
What is the test for abuse of discretion under section 422 of the Evidence Code?
California, United States of America
How have courts dealt with the issue of collateral in a personal injury case?
California, United States of America
What is the test for demonstrating ineffective assistance of counsel?
MultiRegion, United States of America
Does the forfeiture doctrine apply to a sentence that was improperly imposed?
California, United States of America
What is the appropriate sentence for making a criminal threat?
California, United States of America
Is a reply report admissible as responsive evidence?
British Columbia, Canada
What is the test for perception that a refugee applicant is not credible?
Canada (Federal), Canada
Does a judge have jurisdiction to review an order staying a civil rights action under the collateral order?
MultiRegion, United States of America
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases?
California, United States of America
What is the test for substantial evidence in a sexual assault case?
California, United States of America
What is the liability of a solicitor to a third party for the improper or nonexecution of a will?
British Columbia, Canada
What is the current state of the law on "protective sweep" searches?
Ontario, Canada
What is the test for awarding separate trials for liability and damages in a motor vehicle accident?
Nova Scotia, Canada
Is there any limitation issues between resulting or constructive trusts and express trusts?
British Columbia, Canada
What factors will the Board of Arbitration for Human Rights consider when determining whether to grant relief under section 244(a)(1) of the Immigration and Border Protection Act?
MultiRegion, United States of America
What is the test for error in a drug possession charge?
California, United States of America
Can appointed counsel file an opening brief in a personal injury case?
California, United States of America
What is the current state of the law on the issue of legal custody?
Saskatchewan, Canada
When reviewing a denial of a motion to suppress, how do we review the findings of the previous district court?
MultiRegion, United States of America
Can a solicitor be characterized as an employee of the company he represents?
Alberta, Canada
Does an error in instructions constitute a deprivation of due process?
MultiRegion, United States of America
What constitutes an "attempt" to commit a crime?
California, United States of America
What is the effect of a marriage agreement on property division?
British Columbia, Canada
What is the test for reversing a judge's order?
Saskatchewan, Canada
What is the test for a wilfully false statement by an insured?
British Columbia, Canada
What is the standard of review for a decision of an arbitrator?
Ontario, Canada
What is the current state of the law on adverse findings of credibility?
Canada (Federal), Canada
What is the test for having assigned counsel in a civil proceeding pro se?
MultiRegion, United States of America
What is the test for arrest under section 495(1)(a) of the Criminal Code?
Ontario, Canada
Does a defendant have to agree to a response to a jury question on appeal because defense counsel suggested and consented to the responses given by the trial court?
California, United States of America
Is a person who conspires to distribute a controlled substance subject to the same penalties as those prescribed under section 846(a)(1) of the Criminal Code?
MultiRegion, United States of America
Is there any precedent to support a claim that defendants violated plaintiffs' Fourth Amendment rights?
MultiRegion, United States of America
What is the limitation of the Fourth Amendment waiver relating to computers and recordable media?
California, United States of America
How have courts treated the issue of improper instruction in a criminal case?
California, United States of America
What is the test for assessing future loss of income in a motor vehicle accident case?
British Columbia, Canada
In a motor vehicle accident, is there any finding of negligence on the part of the other occupants of the car?
"New York", United States of America
Is there any case law where a prosecutor asked a defense counsel to respond to the prosecutor's leading questions?
California, United States of America
What is the critical inquiry in determining the sufficiency of evidence to support criminal conviction?
MultiRegion, United States of America
What is the difference between competence to waive counsel and competence to represent oneself?
California, United States of America
Does a plaintiff have to exhaust all the remedies available in the state courts to obtain a permit to proceed in the federal court?
MultiRegion, United States of America
What is the test for dismissing a case for failure to prosecute?
MultiRegion, United States of America
What is the effect of accepting and then accepting a joint submission from a police community support officer (PCSO) to a hearing?
Ontario, Canada
What are the relevant cases in which a court has found that a child has changed to become a child of the marriage and is entitled to parental support under section 2 of the Divorce Act?
British Columbia, Canada
In a federal civil case, in the context of the US Supreme Court, what is the case law on plea bargaining and the implications of plea negotiations?
MultiRegion, United States of America
What factors must be considered when deciding whether to transfer a defendant to a different court?
Ontario, Canada
What is the case law in favour of a plaintiff in a medical malpractice case?
British Columbia, Canada
Does a husband’s phone conversation with a lawyer on his cell phone about the possibility of him representing his wife preclude him from retaining the same lawyer later?
Ontario, Canada
What is the test for habeas jurisdiction in a motion challenging a restitution order?
MultiRegion, United States of America
Is gawking, pointing and joking constitute a violation of the Eighth Amendment?
MultiRegion, United States of America
Is that which which is incidental not incidental?
British Columbia, Canada
What is the test for waiving a trial by jury?
California, United States of America
Is a custodian required to work at a school from 3:00 to 11:00 on Friday?
British Columbia, Canada
How does the doctrine of severability apply to arbitration?
California, United States of America
Does Section 490.2 and Section 1170.18 of the California Penal Code apply to a defendant who has completed his or her sentence for a felony conviction?
California, United States of America
What is the effect of the Minister’s decision to refuse to grant a conditional discharge from the Court of Arbitration for S.LII 24 (SCC) to Maple Lodge Farms?
Canada (Federal), Canada
What is the effect of a judicially determined good faith settlement on a pending action or claim?
California, United States of America
Can alternate prices be included in a contract?
Ontario, Canada
Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent?
British Columbia, Canada
What is the test for valid consent to search?
MultiRegion, United States of America
Can the court give a jury an aiding and abetting instruction?
California, United States of America
What is the effect of income tax on the value of a pension in a personal injury case?
British Columbia, Canada
What is the standard of review for prosecution comments to which defendant objects?
MultiRegion, United States of America
How is Rule 11 interpreted in appellate review of sanctions?
MultiRegion, United States of America
If an applicant makes out a prima facie case of discrimination, does the evidentiary burden shift to provide a rational explanation which is not discriminatory?
Ontario, Canada
What is the standard of review for a claim of ineffective assistance of counsel?
California, United States of America
Does a buyer need to include a claim for damages or threat of future litigation in the form of a statement of intent?
"New York", United States of America
Can an easement be implied under state law?
California, United States of America
Is a party who has been granted exclusive possession of a property a tenant of the property?
Saskatchewan, Canada
Under what circumstances will the police need to obtain a companion authorization to search a person's home?
Ontario, Canada
What is the test for retroactively applying a new interpretation of criminal procedural rules?
MultiRegion, United States of America
What is the test for reviewing an order granting or denying attorney fees under section 1021.5?
California, United States of America
Is forgery and identity theft a criminal offence?
California, United States of America
What is the test for a death sentence based on a multiple-murder special circumstance?
California, United States of America
What constitutes abuse of process in civil law?
California, United States of America
What relief has been granted after the Court of Appeal found that an order discharging a writ of mandate was granted in error?
California, United States of America
Does petitioner need a certificate under section 1237.5 of the California Civil Code to obtain a search warrant?
California, United States of America
What are the principles governing applications pursuant to s. 105 of the Societies Act?
British Columbia, Canada
What constitutes reprehensible conduct deserving of rebuke?
British Columbia, Canada
What is the test for wilful disobedience of an order?
Canada (Federal), Canada
What is the current state of the law on accidental result insurance policies?
California, United States of America
What is the range of damages for loss of income for a plaintiff in a motor vehicle accident?
British Columbia, Canada
What is the test for a variation of an order under s. 17 of the Divorce Act?
Ontario, Canada
What are the consequences of a jury finding a defendant guilty of a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the appropriate penalty for gross misconduct by the Law Society of Upper Canada?
Ontario, Canada
How have courts dealt with the disappearance of a large wooden packing box?
"New York", United States of America
What is the current state of the law on compensation for a vendor who is unable to perform all its parts in all its substance?
Saskatchewan, Canada
Does section 667(a)(2) of the California Criminal Code apply to a defendant who has been convicted of a similar charge in the past?
California, United States of America
What is the impact of representing the same attorney on the application of res judicata principles?
MultiRegion, United States of America
What is the test to sustain a claim under section 1983 of the Civil Rights Act?
MultiRegion, United States of America
Can a police officer invade the interior of a stopped vehicle once the suspects have been patted down without incident?
"New York", United States of America
Is a protective order used to revoke a defendant's probation?
California, United States of America
Does the Attorney General have the authority to grant probation under section 1203.066, subdivision (c) of the California Criminal Code?
California, United States of America
What is the standard of review for a claim of insufficiency of evidence in a criminal case?
California, United States of America
In what circumstances will the court replace or replace a juror who has been admonished by the jury against considering inadmissible evidence?
California, United States of America
What is the test for allegations of official participation in civil rights violations?
MultiRegion, United States of America
In what circumstances will a plaintiff have to sue for contributory negligence?
Nova Scotia, Canada
What is the relevant case law in the context of the evidentiary issue presented on appeal?
California, United States of America
In a personal injury action against the respondent, is he required to include the children in his extended health plan?
British Columbia, Canada
What are the relevant documents in the DB9 accident case?
British Columbia, Canada
What is the test for establishing an actual-injury requirement in a motor vehicle accident?
California, United States of America
What is the test for part performance in real estate transactions?
Ontario, Canada
What is the Philbin rule on child support where the ability to earn exceeds actual earnings?
California, United States of America
What is the effect of Proposition 47 on a defendant's sentencing?
California, United States of America
What is the current state of the law regarding applications to change venue?
British Columbia, Canada
What is the difference between the Fourth and Fourteenth Amendment protections for pre-trial detainees?
MultiRegion, United States of America
Can an award for past income loss be deducted from income taxes?
British Columbia, Canada
Is a finding of professional misconduct for failing to co-operate with investigations in 2016 and 2017 relevant?
Ontario, Canada
What is the definition of conversion and what is the effect of conversion?
British Columbia, Canada
What are the implications of a federal court's decision regarding attorney's fees under the Social Security Act?
MultiRegion, United States of America
Is section 28(f)(2) of the California Evidence Code admissible to impeach credibility?
California, United States of America
Can a defendant challenge the sentence imposed by the trial court on a no contest plea?
California, United States of America
What is the test for challenging a judge's decision to grant a motion in a civil case?
California, United States of America
What is the burden of disclosing the identity of an informer?
California, United States of America
Can a motorcyclist's post-accident changes be used to assess the likelihood of future accidents?
British Columbia, Canada
Does a prosecutor have the authority to accuse a defense counsel of fabricating a defense?
California, United States of America
What is the test for deference to a state court's decision not to issue a notice of appeal to the federal court?
MultiRegion, United States of America
Does a defendant have to overcome a "considerable burden" to challenge a penalty as cruel or unusual?
California, United States of America
Is a nominal offer for disbursements compliant with the Rules of Conduct?
British Columbia, Canada
Is a witness not an expert?
Ontario, Canada
Does a defendant have the right to complain of prejudicial misconduct against a prosecutor during penalty phase arguments?
California, United States of America
Is there any case law that would deprive an unnamed but overheard defendant of standing standing to assert his right to privacy?
MultiRegion, United States of America
What is the burden of proving that there is no further administrative relief available to plaintiff?
MultiRegion, United States of America
What is the state of the law on waiver of a defendant's right to testify at trial?
MultiRegion, United States of America
What is the test for determining whether felony murder and the underlying felony are the same offense for purposes of double jeopardy?
California, United States of America
Is attorney-client privilege waived in the context of family law litigation?
California, United States of America
Does a client waiver attorney-client privilege?
MultiRegion, United States of America
What is the test for a section 7 challenge?
Canada (Federal), Canada
Can defense counsel avoid discussing drug use at trial?
MultiRegion, United States of America
How would a plaintiff amend her second amended complaint to correct the defects?
California, United States of America
Can a finding of fact and factual inferences drawn by the trial judge be overturned by the appellate court?
Ontario, Canada
What is the relevant impeachment evidence that must be disclosed to the defense?
California, United States of America
Does a probation condition requiring a defendant to provide the passwords to their social media accounts constitute an invasion of privacy?
California, United States of America
What is the test for a defendant to be found not guilty under section 1096 of the California Criminal Code?
California, United States of America
Can a defendant be punished for each statutory violation committed under section 654 of the California Criminal Code?
California, United States of America
What is the test for Rule 57(15) of the BC Court of Appeal to order costs to be incurred in a personal injury action?
British Columbia, Canada
Can a co-tenant claim occupation rent when he or she has been ousted from the property?
British Columbia, Canada
What is the role of a trial judge in the context of litigation?
MultiRegion, United States of America
Is there only one action for recovery of a debt secured by a trust deed?
California, United States of America
What constitutes abandonment of a cause of action on appeal?
California, United States of America
What is the test for granting relief to a plaintiff in a personal injury action against a defendant who has defaulted on a court order?
California, United States of America
What is the scope of a broad spectrum of rights in the digital world?
Canada (Federal), Canada
How have the courts dealt with the Government's timely appeal against the preliminary injunction blocking the President's travel ban?
MultiRegion, United States of America
If a wrongful death action is brought by the heirs of a deceased plaintiff, what is the appropriate remedy for the omitted heirs?
California, United States of America
What is the burden of proving that the appellant was prejudiced by the error in a finding that she was entitled to stay in a marriage?
California, United States of America
What is the test for a defendant to establish that a plaintiff has failed to mitigate her loss?
British Columbia, Canada
Can a witness be physically excluded from a trial?
Manitoba, Canada
What are the presumptively impermissible effects of retroactively applying a statute of limitations?
MultiRegion, United States of America
What is the test for constitutional tinkering with complex statutory provisions?
Canada (Federal), Canada
Is there a fiduciary relationship between a doctor and a patient?
MultiRegion, United States of America
Can a motion for reconsideration be made after judgment has been entered?
California, United States of America
What is the relevant time for determining whether a person is inadmissible to Canada?
Canada (Federal), Canada
What is the test for inferring causation from a temporal sequence?
British Columbia, Canada
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted?
MultiRegion, United States of America
What is the test for making an order of restitution?
MultiRegion, United States of America
Is there an abuse of discretion to grant a motion for judgment on the pleadings without leave to amend?
California, United States of America
How have the courts treated a Rule 17(b) request for a court-ordered subpoena?
MultiRegion, United States of America
What is the likelihood of a child disclosing their abuse to their parents?
California, United States of America
What is the effect of the Seventh Amendment allowing a plaintiff to sue for damages at common law?
MultiRegion, United States of America
Can a defendant's financial means be taken into account in determining the size of a punitive damages award?
British Columbia, Canada
Is a waiver allowing an individual to appeal in an immigration case a fundamental right like marriage or procreation?
MultiRegion, United States of America
Can a defendant be punished for a single act or indivisible course of conduct punishable under more than one criminal statute?
California, United States of America
What is the test for avoiding procedural default in a habeas petition?
MultiRegion, United States of America
Can a joint venture exist where there is no written agreement?
California, United States of America
What causes of action exist for bad faith denial of insurance coverage?
California, United States of America
What is the difference between a trade-mark and a trade name?
Canada (Federal), Canada
Does Section 470(d) of the California Criminal Code apply to a defendant who has pleaded guilty to a charge of offering a false document for recording?
California, United States of America
What is the effect of a trial judge's initial statement to jurors that he thought their penalty verdict was correct?
California, United States of America
In what circumstances have we rejected a motion for disclosure of complaints in a police officer's personnel file relating to fabrication of evidence?
California, United States of America
Is the prosecution adequately plead the aggravated white collar crime enhancement and probation-exclusion provision?
California, United States of America
Does a trial court have any authority to re-open argument before the jury has reached an impasse?
California, United States of America
What is the effect of a Release that prohibits an action against a non-party to the Release?
Ontario, Canada
What is the applicable standard of care for a buyer in a real estate transaction?
British Columbia, Canada
Is there a fair probability that criminal evidence would be found at the location to be searched?
MultiRegion, United States of America
Are there any individual defendants in this class action?
MultiRegion, United States of America
What is the effect of a motor vehicle accident on the driver's license?
California, United States of America
Is a client entitled to the value of the interest generated on their attorney's funds?
California, United States of America
Can a police officer's surveillance location be privileged information?
California, United States of America
What is the impact of errors in judgment on a professional?
Alberta, Canada
Is past misdemeanor conduct bearing on a witness's veracity admissible in a criminal proceeding?
California, United States of America
Is a filing fee required for the filing of a first paper in any civil action or proceeding?
California, United States of America
What is the applicable statute of limitations for fleeing from justice?
MultiRegion, United States of America
How have mitigating factors been interpreted in criminal law?
California, United States of America
When a city acquires a water system from a community owned by another community, does it have an obligation to continue providing water to all of the other community's residents?
California, United States of America
What is the test for showing good cause for a defendant to show good cause?
California, United States of America
Is it improper to assume that an officer complied with legislative requirements simply because they exist?
British Columbia, Canada
Is the use of a buccal swab to collect a sample of cells for DNA analysis a "search" subject to the restraints of the Fourth Amendment?
California, United States of America
Does a defendant's prior conviction for possessing heroin and cocaine for sale constitute evidence of a specific act?
California, United States of America
What is the test for a motion to amend a pending habeas petition?
MultiRegion, United States of America
What is the standard of care standard in medical negligence cases?
California, United States of America
In what circumstances will the courts remand the cases of two men charged with robbery and assault against each other under section 186.22 of the California Criminal Code?
California, United States of America
What is a reasonable care of the invader towards the invitee and what is the proper standard of care for the visitor?
Saskatchewan, Canada
