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.
Can a claim for declaratory relief be used to circumvent partial adjudication of a cause of action for breach of contract?
California, United States of America
When is a visa officer's assessment of personal suitability open to him?
Canada (Federal), Canada
How has the late discovery of human remains impeded appellant's defense?
California, United States of America
In a personal injury case, how have the courts interpreted the Moore instruction in response to a jury's note indicating that the jury could not reach a verdict?
California, United States of America
Is there any reversible error between the written and oral instructions of a jury?
California, United States of America
What is the test for discovery of confidential personnel records of a peace officer?
California, United States of America
How have the courts treated the argument that continued possession of DNA violates the Fourth Amendment?
MultiRegion, United States of America
Does the executors have a duty to collect the proceeds of all insurance policies of which the named beneficiary is named beneficiary?
California, United States of America
Is a complaint "frivolous"?
MultiRegion, United States of America
What is the test for determining the correctness of jury instructions in a civil trial?
California, United States of America
If a deceased parent's neglect or mistreatment of a disinherited child is found to be to blame for the child's lack of progress in life and their diminished financial circumstances, what is the state of the law?
British Columbia, Canada
Does the last offer rule apply in all multiple offer situations?
California, United States of America
Does a defendant have a right to appoint a standby counsel to assist in their defense?
California, United States of America
Does habeas corpus have an available remedy under the Civil Rights Act?
MultiRegion, United States of America
Is demonstrative evidence admissible in a sexual assault case?
California, United States of America
In a summary conviction appeal court, is a failure to comply with the observation period considered evidence of an operational deficiency?
Alberta, Canada
When can a plaintiff rely on estoppel against the assertion of the statute of limitations?
California, United States of America
What is the burden of proof in cases where a plaintiff has been successful in a claim of sexual assault?
federal, United States of America
What is the legal burden of establishing a duty of care?
Yukon, Canada
What is the test for "were they lying" in a criminal case?
California, United States of America
What is the burden of ineffective counsel on appeal?
California, United States of America
What is the test for an agreement between a police agent and a police officer to set up a gambling establishment?
California, United States of America
Does a plaintiff have to prove that he or she failed to receive the effective assistance of counsel?
California, United States of America
What authority has been identified and what is the test for appealability of an order where the authority was not identified?
British Columbia, Canada
Is child support payable after the death of the supporting parent?
California, United States of America
What is the test for the presumption of undue influence in real estate transactions?
British Columbia, Canada
What is the standard for ineffective assistance in a personal injury case?
California, United States of America
Can a new hearing be commenced with new evidence?
British Columbia, Canada
How have the courts dealt with the issue of legal costs arising from a unionized union action under Section 501 of the Labor-Management Reporting and Disclosure Act?
MultiRegion, United States of America
What is the scope of our review of the competency of a trial counsel?
California, United States of America
Is there merit in argument that each of the appellants was convicted of the crime of conspiracy to violate section 337a of the Penal Code?
California, United States of America
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action?
Ontario, Canada
Does a search warrant need to refer specifically to a gas canister?
MultiRegion, United States of America
Can a prosecutor be found to have concealed their bias in a criminal case?
California, United States of America
What is the test for an appeal from a dismissal based upon a failure to disclose the identity of an informant?
California, United States of America
What is the burden of establishing that secondary evidence was tainted by the police?
California, United States of America
What is the test for a claim of prosecutorial misconduct?
California, United States of America
What is the case law on second-degree murder?
California, United States of America
How much time was deliberated by a jury in a sexual assault case?
MultiRegion, United States of America
What is the test for determining whether there are two separate actions in the same jurisdiction?
MultiRegion, United States of America
What factors will the court consider in allowing the prosecution to reopen after jury deliberations had begun?
California, United States of America
Is a motor home validly searched as an instrumentality of the crime?
California, United States of America
What is the test for a defendant to argue that he was excused from objecting to jury instructions?
California, United States of America
In what circumstances will a court order arrears of spousal support and child support against a husband who quit his job?
British Columbia, Canada
What is the test for a motion to suppress?
MultiRegion, United States of America
Does a suspect not in custody have a right to a lawyer when they are not in police custody?
"New York", United States of America
Does perjured testimony have to be proven on a motion for a new trial?
MultiRegion, United States of America
What is the burden of proving discrimination against a party in a human rights complaint?
British Columbia, Canada
What is the test for a motion for a mistrial for abuse of abuse of power?
MultiRegion, United States of America
What is the test for an active participant in a criminal street gang?
California, United States of America
What is the test for obtaining a valid search warrant?
British Columbia, Canada
What is the test for invalidating the entire statute of Section 7.48.050(2) of the Washington State Code of Civil Procedure when some portions of the statute are found to be unconstitutional?
MultiRegion, United States of America
What is the range of sentences available under section 186.22(b)(1)(A) of the California Criminal Code for a person convicted of a "gang related felony" that is gang related?
California, United States of America
When will a former witness be allowed to testify in evidence in a civil case?
California, United States of America
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint?
MultiRegion, United States of America
Is it plain and obvious that a statement of claim discloses no reasonable cause of action?
British Columbia, Canada
What is the test for instructing a jury on a lesser included charge of assault with a deadly weapon?
California, United States of America
What is the standard of conduct of an attorney who makes misrepresentations to a court of facts known to be false?
California, United States of America
What is the evidentiary burden of proving that there is no genuine issue to be tried?
British Columbia, Canada
Can a judge grant Milnes a third extension of time to conduct discovery?
MultiRegion, United States of America
Can a motion under section 995 of the Penal Code be denied?
California, United States of America
What are the costs of a family law proceeding?
British Columbia, Canada
What is the test for a plaintiff's claim that adult women are legally inferior beings who can be ordered around like servants?
California, United States of America
In what circumstances will special costs be awarded for misconduct in the course of litigation?
British Columbia, Canada
If a prisoner has exhausted his administrative remedies when he receives a decision from the Court of Appeal at the third level of review, can he bypass the process by bypassing a level of appeal?
MultiRegion, United States of America
Does a person who has completed his sentence for a crime be excluded from the voting rights of a state party?
MultiRegion, United States of America
What is the test for establishing that a criminal street gang is a "criminal street gang"?
California, United States of America
Does the exclusionary rule apply to evidence obtained in violation of the Fourth Amendment?
California, United States of America
What is the test for stipulating there is a factual basis for admitting to a crime?
California, United States of America
What is the test for granting a declaration?
Ontario, Canada
What is the test for dismissing an appeal from a nonappealable order?
California, United States of America
Is loss of housekeeping capacity a factor in determining damages?
British Columbia, Canada
Does a defendant have the right to cross-examine a testifying informer's name and address?
California, United States of America
What is the test for conducting a substantial evidence review based on all of the evidence?
California, United States of America
What is the effect of refusing to appoint counsel to a defendant at trial and then forcing him to represent himself at trial?
California, United States of America
What is the range of life sentences available under section 12022.53 of the California Criminal Code when a defendant is convicted of the same gang-related murder?
California, United States of America
How have courts interpreted the doctrine of assuming that a broker or broker breached a client's agreement?
California, United States of America
Is a plaintiff entitled to a temporary disability payment if they are unable to work?
California, United States of America
What are the implications of the US Supreme Court's recent concern that a judge's use of the preponderance of the evidence standard may infringe an accused's due process rights?
California, United States of America
Is a defendant entitled to cross-examine the confession of a co-defendant?
California, United States of America
Does the principle of res judicata apply when one party has brought a new cause of action against the same party?
Alberta, Canada
What is the appeal from a judge of the trial division in a small claims matter?
Prince Edward Island, Canada
What are the costs and attorney fees of Respondents to an appeal?
California, United States of America
Can a prosecutor ask the jury to view the case through the victim's eyes?
California, United States of America
What is the test to vary an interim support order?
Ontario, Canada
Can a prosecutor be found to have abused his discretion?
MultiRegion, United States of America
Is there any case law where there is no evidence of voluntariness to compel disclosure of confidential documents?
Saskatchewan, Canada
In what circumstances will a court order a temporary relocation in a mobility case?
Ontario, Canada
Does the role of a reviewing court to re-weigh evidence in a finding of fact?
British Columbia, Canada
What is the test for enrichment in a common law relationship?
Ontario, Canada
Is vulnerability a factor in determining the severity of a minor's sexual assault conviction?
California, United States of America
What is the test for determining when interest on a judgment should run from the date of the judgment first entered?
California, United States of America
What are the elements of a cause of action for negligence?
California, United States of America
What is the corporate opportunity doctrine and what is the test for liability?
British Columbia, Canada
What is the current state of the law on police destruction of evidence in criminal cases?
MultiRegion, United States of America
Is there any case law in which a defendant makes two opposing arguments at the same time?
MultiRegion, United States of America
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application?
MultiRegion, United States of America
What is the impact of a defendant's claim that he would have done if he had called two sisters as witnesses by the defense?
California, United States of America
Is a jury required to agree the accused committed the same act or acts?
California, United States of America
What is the effect of a motion to dismiss a motion alleging that the motion is defective and unenforceable?
MultiRegion, United States of America
What is the difference between an appeal and a discretionary standard?
Ontario, Canada
What is the test for determining the relevance of evidence in a civil case?
California, United States of America
What is the proper test to determine insufficient evidence in a criminal case?
California, United States of America
Can a jury set aside a jury's verdict in a motor vehicle accident case when the fact that defendant carries insurance influence the outcome of the trial?
California, United States of America
What is the current state of the common law when it comes to the interpretation of the doctrine of assumpsit?
New Brunswick, Canada
What is the test for interim orders in civil matters?
British Columbia, Canada
Does a police officer have probable cause to arrest an individual?
MultiRegion, United States of America
What is the test for a plaintiff to articulate his claims pro se?
MultiRegion, United States of America
Is an offer made three days before trial valid?
Alberta, Canada
Can a tort claim arise independently from a breach of contract?
MultiRegion, United States of America
What is the difference between a prohibition under s. 215(2) of the Criminal Code and one under section 215(3)?
British Columbia, Canada
What is the role of the facsimile machine in Canadian postal history?
British Columbia, Canada
Is there any evidence that a jury formed an opinion of guilt before they had heard all the evidence?
California, United States of America
Is there any conflict of interest restrictions on joint representation in a corporate shareholder litigation?
Ontario, Canada
Does the initial source of a police description of a suspect have any constitutional significance?
MultiRegion, United States of America
Can a defendant be prosecuted for perjury under section 118 of the Penal Code for perjury?
California, United States of America
What is the test for deception in a criminal case?
California, United States of America
Is there any case law supporting a finding that a union discriminated against an applicant because of their disability?
Ontario, Canada
What constitutes contact between police officers and two young men?
California, United States of America
When will the defence counsel oppose the recalling of J.K. K.O. for a charge of sexual assault?
British Columbia, Canada
What is the standard of care and skill required by a bank to accept a cheque from a customer's account?
Alberta, Canada
What is the equitable principle of fraudulent concealment?
Ontario, Canada
What is the test for an appellant to argue that questions raised in the trial court will not be considered on appeal?
California, United States of America
Does a patient have a right to maintain a medical malpractice action against a psychiatrist who allegedly induced her to engage in sexual intercourse with him during the course or under the guise of psychiatric treatment?
California, United States of America
What is the test for a motion under Rule 19(1-4) of the Rules of Civil Procedure?
Ontario, Canada
What is the common law transcript of an OPCA litigant's conduct?
Alberta, Canada
In what circumstances will a court grant a search warrant for a quantity of cocaine, even though the police never spotted the drug in the box?
MultiRegion, United States of America
What is the test for determining whether a motion to hear a claim by the appellant against the appellant has been successful?
MultiRegion, United States of America
Can a convicted burglar receive a concurrent sentence for both the crime and the felony objective or target of the crime?
California, United States of America
Can a magistrate judge refer contempt proceedings to a district judge?
MultiRegion, United States of America
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial?
MultiRegion, United States of America
What is the test for assessing the reasonableness of a clause in a personal injury notice?
Ontario, Canada
Can a plaintiff obtain attorney fees as costs in enforcing their judgment?
California, United States of America
What is the standard of disclosure required in civil litigation?
British Columbia, Canada
Does the limitation period need to be extended further?
British Columbia, Canada
Can a defendant withdraw a guilty plea under section 1018 of the California Criminal Code?
California, United States of America
What is the test for contributory negligence when a plaintiff refuses to sit in the back of a pick-up truck?
Alberta, Canada
What is the test for fraudulent intent in the context of a promissory fraud claim?
California, United States of America
When a police officer sees a person working with a camera and driver's license working with their confederate, can the officer seize the items from the place where they were hidden?
California, United States of America
What is the effect of the terms of a reconciliation agreement?
British Columbia, Canada
What is the test for a motions judge to determine if a plaintiff is entitled to a trial?
Alberta, Canada
What is the effect of instructing a jury to agree that they must all agree that some specifically described act had been performed?
California, United States of America
How have courts dealt with the issue of a written settlement stipulation in a condemnation action?
California, United States of America
Does a defendant need a certificate of probable cause to raise a sentencing issue?
California, United States of America
What are the four elements of the tort for misrepresentation?
Ontario, Canada
Does the burden of proof need to be reduced?
California, United States of America
What is the burden of proving that income detected by the net worth method is taxable income?
Canada (Federal), Canada
Can the intent to kill for attempted murder exist when only one person is primarily targeted?
California, United States of America
How has the US Supreme Court upheld a restriction on family visitation of a sentenced prisoner for "security reasons"?
MultiRegion, United States of America
Is Social Security Disability (OASDI) a community property of the spouses?
California, United States of America
What would have happened if there had been a civil action?
California, United States of America
When will a motion to quash/traverse the search warrant and suppress evidence be heard?
California, United States of America
What is the test for a motion for discovery in a habeas case?
California, United States of America
Is a change in the residency of a child a material change in circumstances that will affect child support?
Ontario, Canada
What are some examples of prosecutorial lack of due diligence?
MultiRegion, United States of America
What is the test for a motion to intervene under Rule 24(a)(2)?
MultiRegion, United States of America
In what circumstances will a court order an occupation rent relief in the context of a family law case?
Nova Scotia, Canada
Can a mortgagee realize upon collateral under a mortgage?
British Columbia, Canada
What is the current state of the law on conspiracy to commit second degree murder?
California, United States of America
What is the effect of a stay of execution on a restructuring plan under the CCAA?
British Columbia, Canada
What is the legal test for entitlement to pre-judgment interest?
British Columbia, Canada
Is a refusal-to-renew hearing necessary in a refusal to renew a disability benefits application?
MultiRegion, United States of America
What is the test for drawing an adverse inference of causation against a defendant?
British Columbia, Canada
What is the test for reasonable seizure under the Fourth Amendment?
MultiRegion, United States of America
How have courts interpreted immunity clauses in witness immunity agreements?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
What are the implications of a prosecutor's statement to the jury that defendant was presumed to be innocent?
California, United States of America
What are the conditions for the release of a defendant in a civil case?
Quebec, Canada
How have courts interpreted the test for a plaintiff's claim of inadequate counsel?
California, United States of America
What is the test for admitting an affidavit in a personal injury case?
British Columbia, Canada
What is the test for finding frivolous conduct in a civil case?
MultiRegion, United States of America
What is the effect of section 356 of the Alberta Evidence Code on a witness giving evidence?
California, United States of America
Can a Crown Prosecution Service (CPS) maintain a Condominium Plan or CPL?
British Columbia, Canada
Is a suspect entitled to be advised of his Fifth Amendment privilege against self-incrimination?
California, United States of America
What is the test for issuing a writ of habeas corpus ad testificandum directing the production of an inmate witness for trial?
MultiRegion, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the test for drawing an inference from a failure to produce evidence?
California, United States of America
What is the test for denying a motion to suppress under the Miranda Rule?
MultiRegion, United States of America
What are the implications of the Financial Conduct Authority’s (FCA) position on cross-examinations?
Ontario, Canada
In what circumstances will a jury find a defendant liable for battery?
California, United States of America
What is the test for esoppel in a motor vehicle case?
California, United States of America
Does a driver have an opportunity to mitigate damages by not removing the manufacturer-installed seatbelt?
California, United States of America
Can a restitution fine be imposed on a defendant who has been sentenced to life without possibility of parole?
California, United States of America
Is a sentence for failure to cooperate with authorities sufficient to be increased or increased?
MultiRegion, United States of America
Does a difference of opinion between a doctor and an inmate regarding what medical care is appropriate constitute deliberate indifference?
MultiRegion, United States of America
What is the test for de novo review of a dismissal based on issue preclusion?
MultiRegion, United States of America
What is the test for obtaining consent to commit aggravated lewd conduct against a minor?
California, United States of America
Is solicitor-client privilege applicable to invoices of lawyers?
Saskatchewan, Canada
In what circumstances will a trial court limit defense counsel's closing argument for abuse of power?
California, United States of America
What is the "inherently improbable" standard for determining credibility in a sexual assault case?
California, United States of America
What constitutes a "seizure" under the Fourth Amendment for Fourth Amendment purposes?
California, United States of America
Is there any case law where a defendant has argued that a kitchen knife is a dangerous or deadly weapon?
California, United States of America
Does a court have a duty to instruct a jury that the fact of a conviction does not necessarily destroy or impair credibility?
California, United States of America
Can a witness before a court take exception to the materiality of the questions?
MultiRegion, United States of America
How have courts treated the issue of statute limitations on appeal?
California, United States of America
What is the legal test used to determine the sufficiency of evidence in an appeal?
California, United States of America
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines?
British Columbia, Canada
In what circumstances will a father be held to receive his son's shares as a gift?
Manitoba, Canada
What is the test for good faith journalism in a defamation action brought by a public official?
California, United States of America
What is the scope of judicial review of exercises of the exercise of the foreign affairs prerogative power for constitutionality?
Canada (Federal), Canada
