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 it negligent to move a bus from a bus stop when a passenger boards when it is raining?
Ontario, Canada
What is the test for discovery of confidential personnel records of a police officer accused of misconduct against a criminal defendant?
California, United States of America
Is there a specific ground of objection to evidence in a personal injury case?
MultiRegion, United States of America
What is the standard for determining the value of stolen property?
California, United States of America
What is the case law in favour of the federal government in the context of civil liberties?
MultiRegion, United States of America
What are the implications of joint tenancy?
Alberta, Canada
What is the test for determining demonstrated utility in a medical malpractice case?
Canada (Federal), Canada
What is the test for determining whether a plaintiff has been successful in their claim?
MultiRegion, United States of America
What are the elements of intimidation in the context of a civil case?
British Columbia, Canada
What is the Murano approach?
British Columbia, Canada
What is the burden of producing evidence of net worth?
California, United States of America
When can a lawyer obtain an investigation report from the accident investigator?
British Columbia, Canada
Can a jury infer a person's gang membership based on their tattoos?
California, United States of America
What is the test for a motion for a new trial based on juror misconduct?
California, United States of America
What is the test for using the term "my issue" in a will?
Alberta, Canada
Is there sufficient evidence to prove conspiracy to commit murder and attempted murder?
California, United States of America
What are the requirements for opposing a motion to dismiss for failure to exhaust?
MultiRegion, United States of America
Are detentions based on reasonable suspicion or reasonable suspicion lawful?
California, United States of America
In what circumstances will a defendant request modification to the instructions of a jury in a murder case?
California, United States of America
What are the duties of a district court in connection with a Report and Recommendation of a magistrate judge?
MultiRegion, United States of America
Can a defendant sentenced or placed on probation prior to Proposition 47's effective date have his or her sentence reduced?
California, United States of America
Does a failure to instruct a jury on sexual assault constitute a misdirection of the jury?
California, United States of America
Does admitting to a statement by a co-defendant constitute a denial of his right to confrontation?
MultiRegion, United States of America
Is there any case law where a plaintiff has to prove that there is a real possibility of future income loss?
British Columbia, Canada
What is the equitable test for a set off claim for occupation rent on the matrimonial home?
Ontario, Canada
What is the standard of review for imputed possession of metal knuckles?
California, United States of America
Can counsel make a submission to establish no confidential information forthcoming in a personal injury action?
British Columbia, Canada
What is the effect of a negotiated sentence for a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the test for failing to give a jury a unanimous verdict in a sexual assault case?
California, United States of America
Is there a federal constitutional right to a unanimous jury verdict?
"New York", United States of America
Is a child's participation in an educational program meaningful?
Ontario, Canada
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable?
Alberta, Canada
Can a person be found liable for aiding and abetting a crime?
California, United States of America
Does the court have any authority to instruct the jury that the transcripts were the real evidence?
MultiRegion, United States of America
Is an injunction varied to meet the new circumstances?
British Columbia, Canada
What is the test for an alleged duty of care?
British Columbia, Canada
Can the relevant limitations period begin to run at an earlier date?
California, United States of America
What is the test for determining whether someone who has served time in prison for a felony while serving time for a similar crime has been reduced to a lesser criminal offence?
California, United States of America
What is the position of the father in a personal injury action brought by the mother?
Ontario, Canada
Can a defendant who is not represented by counsel be questioned by police about an unrepresented crime?
"New York", United States of America
What is the legal test for a party to amend their complaint?
California, United States of America
What is the test for giving a jury instruction on an affirmative defense?
California, United States of America
Is there any case law where the court misinstructed the jury on the amount of evidence needed to prove that three defendants were involved in a conspiracy?
MultiRegion, United States of America
Can a defendant be convicted as both a principal and an accessory after the fact?
California, United States of America
Is a minor required to get approval of his residence from his probation officer?
California, United States of America
When a payor earns an extraordinary amount, even if that amount is a capital gain, is that payor expected to share his bounty with his children?
Alberta, Canada
Is there any case law that an unequal division of assets is appropriate in circumstances where a husband incurred debts for the benefit of the family and the wife has not contributed towards discharging the debts?
Ontario, Canada
What is the test for revocation and detention of a defendant under section 3148 of the Criminal Code?
MultiRegion, United States of America
Can an experienced police officer opine that drugs were possessed for purposes of sale rather than personal use?
California, United States of America
What is the test in determining whether a legislative enactment violates the establishment clause of the First Amendment?
California, United States of America
Is there an oral agreement between the parties regarding the payment of the Claimant's Expenditure?
British Columbia, Canada
Is a law enforcement officer entitled to qualified immunity in a civil case?
MultiRegion, United States of America
Is an excerpt from a probation officer's report part of the record of conviction?
California, United States of America
When a demurrer is sustained without leave to amend, what is the test for amendment?
California, United States of America
What is the opening brief in a personal injury case?
California, United States of America
What is the current state of the law on voyeurism?
Ontario, Canada
Does a clause in a contract requiring a party to "choosing a choice of law" include the statute of limitations?
MultiRegion, United States of America
What is the result of a no evidence motion?
British Columbia, Canada
Is misconduct for a prosecutor to encourage the jury to speculate about facts not in evidence?
California, United States of America
In what circumstances will a court grant suppression of an application for a wiretap even though the Attorney General has not approved the wiretap?
California, United States of America
Can a witness be evasive in giving evidence at trial?
California, United States of America
What is the effect of the written instructions of the court on the jury in a personal injury case?
California, United States of America
What is the test for standing in a judicial review?
Ontario, Canada
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists?
California, United States of America
In a Family Law Application to the Court of Appeal, how have the courts dealt with the issue of sufficiency of evidence in support of a jurisdictional finding?
California, United States of America
What is the test for equalization in a contract?
British Columbia, Canada
What is the standard of conduct of a criminal defense attorney in the context of an after-the-fact assessment?
California, United States of America
Is there a difference between misguided child discipline and torture murder?
California, United States of America
What is the test for determining whether a plaintiff has been successful in a civil case?
California, United States of America
Can goods be unmerchantable if there is no warning?
Nova Scotia, Canada
Does a jury need to consider whether petitioner was aiding and abetting a premeditated/deliberate, first degree murder?
MultiRegion, United States of America
What is the test for certifying an evidentiary ruling that is manifestly erroneous?
MultiRegion, United States of America
What is the test for a change in residence under the Divorce Act?
British Columbia, Canada
Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency?
MultiRegion, United States of America
What is the test of credibility of a witness?
British Columbia, Canada
Can allegations that have no reasonable prospect of success form part of a series of incidents?
Ontario, Canada
What is the test for determining whether a judge has jurisdiction to grant a motion of appeal?
California, United States of America
Does a lawyer have a duty to pursue certain disability benefit claims for a specific purpose?
Ontario, Canada
What are the implications of cross-examination and confrontation rights in civil law?
MultiRegion, United States of America
What is the current state of the law concerning the involvement of official personnel in civil rights violations?
MultiRegion, United States of America
What is the test for admitting evidence of misconduct in a criminal case?
California, United States of America
Does a state have a constitutional obligation to compel a witness to testify before a grand jury?
MultiRegion, United States of America
When will a defendant appeal against a finding that a jury's instruction to exclude victim impact evidence from the penalty phase was incorrect?
California, United States of America
What is the impact of a child's relationship with extended family such as grandparents and aunts and uncles?
Ontario, Canada
What constitutes an intent to transmit HIV by spitting at a police officer?
Manitoba, Canada
What is the procedure of declaring a mistrial?
Manitoba, Canada
What is the proper victim impact argument in a murder trial?
California, United States of America
What is the test for a spouse's ability to maintain a jointly owned home?
British Columbia, Canada
Can a purchaser waive the provisions of Pt. 2 of the Real Estate Act?
British Columbia, Canada
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement?
California, United States of America
What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property?
British Columbia, Canada
Does the collateral source rule apply when a plaintiff has a claim against an uninsured motorist in a collision involving a hit-and-run driver?
California, United States of America
What is the test for impaired drivers in the context of impaired driving section of the Criminal Code?
British Columbia, Canada
In what circumstances will a class action be the preferable procedure for resolving common issues?
British Columbia, Canada
What is the standard of review for substantial evidence?
California, United States of America
What is the "mailbox rule" in the context of federal and state petitions?
MultiRegion, United States of America
What is the substantial evidence standard of review for a motion to overturn a judgment following a trial?
California, United States of America
What is the test for denying a habeas petition de novo?
MultiRegion, United States of America
Does a judge have discretion in denying a motion to amend or amend the cause of action?
California, United States of America
What is the burden of meeting a listed impairment?
MultiRegion, United States of America
Does a plaintiff have to pay the costs of expert disbursements in a medical malpractice case?
Ontario, Canada
Does the phrase “not guilty of wilful delay or default” carry with it the concept of blameworthiness?
British Columbia, Canada
When federal claims have been dismissed, what are the remaining causes of action?
MultiRegion, United States of America
What is the test for calculating the victim's economic loss in a sexual assault case?
California, United States of America
Does the bankruptcy court have made evidentiary rulings at a bankruptcy hearing which are reviewed for abuse of discretion?
federal, United States of America
When will a professional be held liable for error in judgment?
British Columbia, Canada
What factors must be considered when determining whether a plaintiff has been injured in a motor vehicle accident?
California, United States of America
Does a prosecutor have to argue that the jury should consider mitigating defense evidence in aggravation?
California, United States of America
What is the test for giving a jury instruction on any affirmative defense for which the record contains substantial evidence?
California, United States of America
Is it a professional misconduct offence for a member of the Law Society of BC to file an affidavit with false or misleading statements?
British Columbia, Canada
How have the words "precluding no one" and "to whomever they wanted" in the residual clause of a will have to be interpreted?
Alberta, Canada
Is a search for illegal drugs incidental to an arrest for obstruction of justice?
New Brunswick, Canada
Does a party have an entitlement to a post-separation increase in the value of their property?
British Columbia, Canada
Can an employee seek judicial review of an arbitration award when the union decides not to do so?
Ontario, Canada
What is the test for materiality in a civil case?
MultiRegion, United States of America
Is a defendant entitled to absolute immunity from any of the actions taken by the district attorney's office against a prosecutor?
MultiRegion, United States of America
What is the test for creating a constructive trust to collect equalization payments?
Ontario, Canada
In a long-term marriage, is standard of living support equal to income support?
British Columbia, Canada
In a defamation action, can either party give evidence in proof or disproof of malicious motive in the mind of the publisher of defamatory material?
Saskatchewan, Canada
What is the legal test for solicitor-and-client costs in reinstatement applications?
Newfoundland and Labrador, Canada
Can a judge substitute his judgment for a jury's decision?
California, United States of America
What is the proper procedure for a motion to dismiss for failure to comply with section 23 of the Corporations Act?
MultiRegion, United States of America
What is the presumption that all claims should be brought and adjudicated at one time?
British Columbia, Canada
What is the test for prosecution proof that the police officer who furnished the information justifying the arrest had probable cause to believe the arrest was justified?
California, United States of America
What is the legal test for a motion of appeal against a finding of error in a motion for personal injury?
California, United States of America
What is the standard of appellate review for a defendant who challenges the sufficiency of the evidence?
California, United States of America
What are the consequences of a district court's ruling on a motion for sanctions for abuse of discretion?
MultiRegion, United States of America
Are there any cases where a class representative has been successful in a class action?
MultiRegion, United States of America
Is a residential lease a question of law which we review de novo?
California, United States of America
Is a prosecutor required to provide impeachment evidence intended to be used during cross-examination of defense witnesses?
California, United States of America
What is the test for a consent order to review spousal support?
British Columbia, Canada
What is the test for a statute of repose?
MultiRegion, United States of America
What is the test for a motion for a discretionary sentence reduction for abuse of discretion?
MultiRegion, United States of America
What is the test for a judge sitting on a special case?
British Columbia, Canada
What is the standard of review in a criminal case?
California, United States of America
Can a defendant be punished for each crime committed against a different victim?
California, United States of America
Does a stipulation terminating a tenant's tenancy in a building he has lived in for most of his life stand?
"New York", United States of America
What is the test for a plaintiff to bring a claim in negligence?
Ontario, Canada
What is the test for determining whether a petitioner would pose an unreasonable risk to public safety?
California, United States of America
What is the test for a defendant to be successful at a second and final examination?
British Columbia, Canada
Does a defendant have to appeal his conviction for assisting in the sale of stolen property?
California, United States of America
Is there any case law where a judge misstatements were found to be "minor aberrations in a prolonged trial"?
MultiRegion, United States of America
What is the test for dismissing an action with prejudice?
"New York", United States of America
Is a jury impaneled in a personal injury case?
California, United States of America
Can statements of a trial judge amount to coercion of a verdict?
California, United States of America
What is the test for selecting an alternate juror in a trial by jury?
California, United States of America
Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited?
California, United States of America
Is there any case law where a defendant has argued that his sentence was based on an incorrect sentencing report?
California, United States of America
Is there an award for diminished earning capacity for a millwright?
British Columbia, Canada
Is denial of a motion to replace an appointed attorney an abuse of power?
California, United States of America
What is the standard of review in the context of an error of law?
Canada (Federal), Canada
What is the effect of a requirement that a defendant appealing after a guilty or no contest plea must obtain a certificate of probable cause?
California, United States of America
What is the applicable statute of limitations for fraudulent activities?
California, United States of America
How have the courts dealt with a conflict of interest?
California, United States of America
Does Defendant have to obtain a certificate of probable cause for that part of his appeal that is from his sentence or other matters that occurred after he entered a plea of no contest?
California, United States of America
Can an arbitrator award damages for mental distress?
Canada (Federal), Canada
What factors must one parent consider when one parent wishes to move a child out of their current physical location?
Alberta, Canada
Is a motion to dismiss a pro se complaint without leave to amend appropriate?
MultiRegion, United States of America
What is the test for finding that a defendant has committed a criminal offence under section 241 of the Criminal Code?
MultiRegion, United States of America
Does a defense attorney's failure to request an alibi constitute ineffective assistance of counsel?
California, United States of America
Does a declaratory relief action contesting the validity of a Lease that was invalid constitute an anticipatory breach?
California, United States of America
How have courts interpreted "deliberate indifference" in assessing whether a municipality acted with deliberate indifference in a tort action?
MultiRegion, United States of America
What is the impact of snowfall on the condition of Rankins Corner?
Ontario, Canada
What is the test for "great bodily injury" in a sexual assault case?
California, United States of America
Does Rule 37(31) bar joint defendants from making joint offers to settle?
British Columbia, Canada
What is the test for "optimal care" in residential care?
British Columbia, Canada
Can the tort of intentional infliction of mental suffering be extended to the same tort of unlawful interference with another's relationship?
Canada (Federal), Canada
Can an employer rely on its lien rights in a third-party action?
California, United States of America
What is the test for inducing a person to commit a crime?
MultiRegion, United States of America
Is a motion to dismiss for failure to state a claim valid?
MultiRegion, United States of America
What is the test the Court will apply in determining whether a person can apply for leave of execution?
British Columbia, Canada
Is there a procedural defect in adjournment or remand when nothing happens at Val d'Or on June 10, 1981?
Canada (Federal), Canada
Can a city force a permanent employee to live within its boundaries?
Alberta, Canada
What is the definition of a loan in the US?
British Columbia, Canada
What is the test for "overreaching" a prosecutor in a civil case?
MultiRegion, United States of America
What are the implications of a district court's denial of a writ of habeas corpus de novo?
MultiRegion, United States of America
What is the test for establishing that a person has a logical connection with another person?
MultiRegion, United States of America
What is the test for refusing to grant recognition of a divorce that is not genuine divorce?
Alberta, Canada
Can a defendant be punished under more than one provision of the California Criminal Code?
California, United States of America
What is the test for adverse possession of property?
Ontario, Canada
In a civil case, what is the current state of the law on the right to question a witness in question?
MultiRegion, United States of America
Does a prospective juror's statement that he thought he could vote for the death penalty, if necessary, establish that he could not be a fair judge of the penalty question?
California, United States of America
Can retreating into one's home while being followed by a police officer constitute consent to a police entry?
MultiRegion, United States of America
Can a city be compelled by court decree to agree to and execute an amendment to its contract?
California, United States of America
What is the standard of care of an attorney who fails to properly perform his duties?
California, United States of America
What is the test for impairment in a motor vehicle accident?
Ontario, Canada
What is the test for adult children asserting a claim under a will?
British Columbia, Canada
In what circumstances will the court allow a jury to interpret the meaning of a word or phrase?
California, United States of America
What are the appropriate remedies for attacking a defect appearing upon the face of the information going to a failure to state a triable offense?
California, United States of America
What is the standard for making a mistake-of-identity arrest?
MultiRegion, United States of America
What is the test for determining whether a restriction on free speech is constitutional?
MultiRegion, United States of America
Can a plaintiff make a claim for sexual discrimination under the Unruh Act merely by alleging a policy's disproportionate impact upon women?
California, United States of America
How have the courts dealt with a Petition for Writ of Habeas Corpus?
California, United States of America
What is the general verdict in a medical malpractice case?
California, United States of America
Does section 924(c)(1) of the Criminal Code apply to a defendant who uses or carries a firearm during and in relation to any crime of violence or drug trafficking crime?
MultiRegion, United States of America
Is a beneficiary required to pay their own attorney fees in litigation?
California, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
When will the Court consider a challenge to the sufficiency of the evidence supporting a conviction?
California, United States of America
Does the limitation period under the RPLA apply to the properties of Pellatt?
Ontario, Canada
What are the implications of a court ruling requiring full or strict compliance with section 1237.5 of the Ontario Criminal Code?
California, United States of America
