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 case law on penological justification for a sanction imposed by a court in a medical malpractice case?
MultiRegion, United States of America
Does a defendant have to be 100% liable to a pedestrian who is not in a crosswalk?
British Columbia, Canada
What is the legal basis for an appeal?
British Columbia, Canada
Can a defendant plead imperfect self-defense even if he intended to provoke his victim into attacking him so that he might have an excuse to shoot the victim?
California, United States of America
What is the meaning of a right to pass and repass?
British Columbia, Canada
Is there any case law supporting the generality of a statement of counsel's opinion?
British Columbia, Canada
What is the test for having personal knowledge of the underlying facts of a medical malpractice case?
California, United States of America
Does the Court of Appeal have any authority to intervene in a case where damages have been awarded in negligence?
British Columbia, Canada
What constitutes prosecutorial misconduct under the Fourteenth Amendment?
California, United States of America
How have courts considered the effect of a failure to make an express finding as to the reasonable value of the changes and deviations on a contract?
California, United States of America
Does section 189 of the California Criminal Code apply to a defendant who discharges a firearm from a motor vehicle?
California, United States of America
Can an employment relationship with an insurer result in a tort claim?
California, United States of America
What rights does a prisoner have to participate in "protected speech activities"?
MultiRegion, United States of America
Does a plaintiff have a duty to mitigate their losses in a personal injury action?
British Columbia, Canada
What is the test for determining whether a petition has met its burden of proof?
California, United States of America
What is the cost of a complex medical malpractice?
Ontario, Canada
Is insufficient evidence sufficient to overturn a jury verdict?
California, United States of America
In what circumstances will a defendant be held to answer only for murder and not for kidnapping?
California, United States of America
What is the test for denying a motion to have a full-blown evidentiary hearing?
MultiRegion, United States of America
What is the test for establishing that a defendant engaged in conduct that violated a gang injunction?
California, United States of America
Can one person's invitation to touch another person's penis constitute an assault?
British Columbia, Canada
What is the standard of review for a motion to reopen?
MultiRegion, United States of America
Does the Court have jurisdiction to review a party's claim to derivative citizenship?
MultiRegion, United States of America
Does a court abuse its power to revoke a defendant's pro. per. status at his own request?
California, United States of America
Does a murder not occur in the commission of a felony if the felony is merely incidental to the murder?
California, United States of America
What constitutes a showing of duress less than what constitutes a defense to a crime?
MultiRegion, United States of America
What are the factors used by the Law Society of BC to determine a penalty for a lawyer who has been found guilty of misconduct in a civil case?
British Columbia, Canada
What is the current state of the law in the context of mental health issues?
British Columbia, Canada
Does a juror have a conflict of interest?
MultiRegion, United States of America
What is the test for equal protection under the equal protection clause?
California, United States of America
Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless?
California, United States of America
What is the test for making a spontaneous statement?
California, United States of America
How have courts dealt with procedural challenges?
California, United States of America
What is the test for an application for extension of time for application for leave to review a record of time?
Canada (Federal), Canada
What is the cut-off date for discovery and motions in a civil case?
California, United States of America
Does a defendant need to be identified as an "organizer, leader, manager or supervisor"?
MultiRegion, United States of America
What is the test for a claim under the Eighth Amendment of the United States Constitution against cruel and unusual punishment?
California, United States of America
What is the test for equalization under the Fourteenth Amendment?
"New York", United States of America
What is the test for an act in furtherance of a person's right of speech in connection with a public issue?
California, United States of America
If this court were to remand for resentencing, would a lesser sentence be imposed if this court remanded to resentencing?
California, United States of America
Does the testimony of a detective in the case of Jose Rodriguez have to be excluded as unduly prejudicial?
California, United States of America
What is the "but for" test in the context of liability claims in motor vehicle accidents?
British Columbia, Canada
What authority does a member of a committee have to impose conditions and restrictions on the rights, privileges or powers of the committee?
British Columbia, Canada
Does the Court have authority to bifurcate a felon in possession charge from a murder charge?
California, 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 test for assessing future damages in a personal injury case?
Canada (Federal), Canada
What is the effect of fraud on an immigration judge's decision?
MultiRegion, United States of America
What factors must be considered when assessing future loss of earning capacity?
British Columbia, Canada
How have the reasons for a decision not to recuse from a hearing have been obtained from the chair of the Judicial Review Panel?
British Columbia, Canada
What is the test for requiring disclosure on a motion without notice?
Ontario, Canada
What is the test for admitting expert testimony at a medical malpractice tribunal?
Saskatchewan, Canada
What is the test for “Good faith” on the part of the police?
Ontario, Canada
What is the effect of a waiver of a motion to withdraw from an appeal?
MultiRegion, United States of America
Is a writ of habeas corpus ad prosequendum a "detainer" under the Detainer Act?
MultiRegion, United States of America
Can Section 2604(b)(15) of the New York State Code of Civil Procedure be sustained against an equal protection challenge?
"New York", United States of America
What is the state of the law on "tactical" identification?
California, United States of America
What is the test for qualified immunity from civil damages in a civil action brought by a plaintiff who alleges she was sexually harassed and sexually harassed by a member of her staff while on duty?
MultiRegion, United States of America
What is the current state of the law on the right of Native American tribes to take shellfish off their reservations?
MultiRegion, United States of America
Is corporate income included in income for child support purposes?
British Columbia, Canada
What is the standard of review for multiple convictions?
California, United States of America
What if the prosecutor had committed misconduct by failing to provide evidence to the jury?
California, United States of America
What is the effect of obtaining confidential information about a party’s financial affairs from a lawyer?
Ontario, Canada
Can a witness give an opinion on a defendant's guilt?
California, United States of America
What is the test for aggravated punishment for a crime committed while defendant was legally insane?
California, United States of America
What is the test for determining if there is sufficient evidence to overturn a judgment against a defendant in a sexual assault case?
California, United States of America
What is the test for determining whether a party has a burden of burden on moving parties?
California, United States of America
When will an appeal court refuse to consider an argument that does not require further evidence?
Canada (Federal), Canada
How has section 1191.1 of the Victims Bill of Rights been interpreted?
California, United States of America
What is the effect of publishing defamatory words in a libel notice?
British Columbia, Canada
Can a knife be considered a dangerous or deadly weapon?
California, United States of America
Is there any reason to doubt the inclusion of "fraud" in a certification order?
Ontario, Canada
What is the standard of review for all issues the petitioner raises?
British Columbia, Canada
Does the Court of Appeal have a role in determining the balance of probability of a retrial on an appeal from a judgment of first instance?
Canada (Federal), Canada
What is the current state of the law on distribution of child pornography?
MultiRegion, United States of America
In what circumstances will a plaintiff be awarded damages for loss of income due to loss of ability to communicate with the other parties?
British Columbia, Canada
Is a lesser included offense of the crime of causing injury while driving with a blood alcohol level over 0.08 percent?
California, United States of America
Does dismissal of a felony count under section 1203.4, subdivision (a)(1) of the California Criminal Code Act preclude the felony from later being designated a misdemeanor under section 1170.18?
California, United States of America
Does the Court have a sua sponte duty to give unanimity instruction in a murder case?
California, United States of America
What is the test for denying a new Sixth Amendment claim de novo?
MultiRegion, United States of America
What is the effect of the statute of limitation on a claim of fraud?
MultiRegion, United States of America
Does a bankruptcy court have the authority to award fees in an action barred by res judicata?
MultiRegion, United States of America
What rights does a police officer have to verify or dispel suspicion?
California, United States of America
Can a plaintiff bring a claim against a supervisor for deliberate indifference based upon the supervisor's knowledge of and acquiescence in unconstitutional conduct by his or her subordinates?
MultiRegion, United States of America
What is the test for determining whether a claim can be successful at the Workers’s Compensation Appeal Tribunal?
British Columbia, Canada
What is the effect of a district court's dismissal for failure to state a claim pursuant to Federal Rule of Procedure Rule 12?
MultiRegion, United States of America
Does a father have to prove that his reasonable health needs prevent him from working to his capacity?
Nova Scotia, Canada
Does lack of necessary permits and/or non-compliance with the building code constitute a latent defect?
British Columbia, Canada
How have courts dealt with the appointment of a former deputy public defender as a bench officer?
California, United States of America
What is the test for fixing costs in personal injury cases?
Ontario, Canada
What is the legal test for requiring a witness to attend trial at a different venue?
California, United States of America
Is there any case law where a defendant has been found to have failed to comply with a prior order?
MultiRegion, United States of America
What is the test for determining whether a police officer can use excessive force against a civilian plaintiff in a civil case?
MultiRegion, United States of America
Does a defendant have to object to an instruction that states that a plaintiff has a valid claim against the appellant?
California, United States of America
What are the terms and conditions of employment for community college faculty?
California, United States of America
What is the test for section 13 of the California State Constitution to protect accused of crime against possible delay?
California, United States of America
What is the standard of review under s. 24 relief?
Canada (Federal), Canada
What is the burden of a proponent of hearsay evidence?
California, United States of America
Can a defendant withdraw his plea and retain private counsel?
California, United States of America
What is the economic loss rule in a products liability action?
MultiRegion, United States of America
What is the test for committal on a preliminary inquiry?
Yukon, Canada
What is the constitutional right of a person to access the courts?
MultiRegion, United States of America
What is the quantum of child support payable for the respondent's income since 1991?
Ontario, Canada
What is the burden of proof for the federal government in determining base offense level?
MultiRegion, United States of America
What is the effect of adverse publicity on a jury?
California, United States of America
Does a defense counsel object to the adequacy of the foundation under California Evidence Code section 1271 of the Business Records Act?
California, United States of America
What is the test for drafting deficiencies in a plaintiff’s defence?
British Columbia, Canada
If a prosecutor's comments were improper, would we find ineffective assistance of counsel for failure to object?
California, United States of America
What is the impact of subjective reporting in a medical malpractice case?
British Columbia, Canada
What is the effect of summary judgment on a defence?
British Columbia, Canada
What is the test for a claim of ineffective assistance on appeal?
California, United States of America
What is the effect of seeking financial information by reason of a claim for punitive damages?
California, United States of America
Is an easement by way of necessity sufficient to prevent a tenant from using the right-of-way?
California, United States of America
What is the test for a plaintiff's claim for future care costs?
British Columbia, Canada
Can a defendant waive attorney-client privilege as to everything he said to his attorney?
California, United States of America
What is the test for determining whether a plaintiff has a thin skull or crumbling skull injury?
British Columbia, Canada
Is a defendant's claim for habeas corpus valid on appeal?
California, United States of America
What is the test for an instruction of attempted murder?
California, United States of America
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice?
MultiRegion, United States of America
What is the test for limiting standing in a personal injury action?
Ontario, Canada
Does the cumulative effect of errors at trial affect the fairness of the trial?
California, United States of America
Is a probation order requiring a defendant to submit to a polygraph examination limited to questions relevant to compliance with the condition that he must not be alone with young girls?
California, United States of America
What is the test for section 924(c)(1) of the Criminal Code?
MultiRegion, United States of America
What is the standard of review for the purpose of overturning a conviction for sexual assault?
California, United States of America
What is the test for determining whether a fiduciary relationship exists?
British Columbia, Canada
What is the test for denying a motion for mistrial under the deferential abuse standard?
California, United States of America
What is the test for a relationship where the parties lived as marriage partners?
British Columbia, Canada
What is the test for admitting evidence that a person committed a crime?
California, United States of America
Can a general contractor force a subcontractor to submit their bid for a public contract before the general contractor has awarded the public contract?
California, United States of America
What is the test for detention of a suspect who is about to commit a violent crime?
California, United States of America
What is the standard of review in cases involving "cooperation agreements"?
California, United States of America
In what circumstances will the City of Victoria be liable for injuries sustained by a tennis court owner?
British Columbia, Canada
Does the "totality of the circumstances" in determining whether a jury was coerced into reaching a guilty verdict?
MultiRegion, United States of America
What is the test for making a statement within a sufficient time?
California, United States of America
What is the tolling period between when direct review becomes final and the filing of a state habeas petition?
MultiRegion, United States of America
What is the burden of proving that a party to an actuarial table is inapplicable?
MultiRegion, United States of America
How have the courts interpreted the general principles of the BCSC in determining whether a will maker was a cause of litigation?
British Columbia, Canada
What is the test for a claim of excessive force in the course of making a seizure of a person?
MultiRegion, United States of America
On remand, can the prosecution bring a motion to retrial on the grounds of evidentiary insufficiency?
MultiRegion, United States of America
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff?
Ontario, Canada
What considerations will a judge consider when striking a jury notice?
Nova Scotia, Canada
What are the principles used by a court to assess damages under the Rules of Civil Procedure?
British Columbia, Canada
What is the legal test for entitlement to pre-judgment interest?
British Columbia, Canada
Can a distress made after judgment on the covenant to pay rent become illegal?
Alberta, Canada
What are the basic facts and summary of the evidence before the trial court at both the first and second trials?
California, United States of America
What is the standard for determining sufficient evidence in a criminal case?
California, United States of America
Does the issue of probable cause or probable obscenity need to be considered by the courts?
California, United States of America
Is Parenteau entitled to have his case assigned to a different magistrate judge?
MultiRegion, United States of America
In a declaratory relief action, in what circumstances will the court order a judgment of dismissal rather than a declaration of dismissal?
California, United States of America
Is a claim for mesne profits subject to the limitation period?
British Columbia, Canada
What is the test for an anticipatory breach?
British Columbia, Canada
What is the standard for ineffective assistance of counsel?
California, United States of America
What is the test for establishing that a city or county can adopt a charter?
California, United States of America
Does a Defendant have ever been able to obtain a motion to dismiss a charge of forced oral copulation?
California, United States of America
Is there any case law in which the police have been found to have played on a suspect's religious beliefs?
California, United States of America
What are the reasons why a defendant refused to waive extradition?
California, United States of America
Is there any case law that supports a defendant's claim he acted under distress and misapprehension concerning the terms of his plea agreement?
California, United States of America
Is a trial judge bound to refrain from participating in the proceedings as to prevent prejudice to the defense?
MultiRegion, United States of America
Can a three-judge panel overrule a prior decision of the court?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the test for a motor vehicle theft charge?
MultiRegion, United States of America
Can a federal district court rely on an erroneous legal standard in its determination of whether or not to grant a preliminary injunction?
MultiRegion, United States of America
What is the reasonableness of a sentence under a "deferential abuse of discretion" standard?
MultiRegion, United States of America
What is the duty of care owed to inmates by the correctional service?
Saskatchewan, Canada
Does a lawyer owe a duty of care to a non-client third party?
Ontario, Canada
What is the legal test for making a service obligation under a commercial lease?
"New York", United States of America
Is a non-custodial parent's obligation to pay child support unaffected by the interference of the custodial parent with visitation?
California, United States of America
Can a defendant raise for the first time a claim that the court failed to state reasons for its sentencing choice?
California, United States of America
What is the test for a claim of prosecutorial misconduct?
California, United States of America
What is the current state of the law in lockdown situations?
MultiRegion, United States of America
What are the implications of a "Harvey waiver" in a criminal case?
California, United States of America
What is the test for a plaintiff to mitigate by refusing to undergo medical treatment?
British Columbia, Canada
Is there any case law in which a person can be held liable for the torturing of a person by their own guards?
Canada (Federal), Canada
What is the impact of a delay in accepting a late complaint?
British Columbia, Canada
How has the court interpreted instruction on involuntary manslaughter?
California, United States of America
Does a statement of reasons need to be provided?
California, United States of America
Is Section 311.2 of the Penal Code a crime requiring proof of specific intent?
California, United States of America
Is a covenant to pay compensation for injury done to the land a borderline case?
British Columbia, Canada
When faced with a settlement agreement, when will the courts depart from the terms of that agreement?
Canada (Federal), Canada
What is the test for giving a jury a partial defense on unconsciousness due to voluntary intoxication?
California, United States of America
What is the meaning of a comment on the failure of a defendant to testify?
California, United States of America
Is Deportation a cruel and unusual punishment under the Eighth Amendment?
MultiRegion, United States of America
Is a motion for dismissal without leave to amend appropriate?
MultiRegion, United States of America
What is the test for abuse of discovery orders?
California, United States of America
Does a motion of counsel to withdraw from a personal injury action have any issue for review?
MultiRegion, United States of America
What is the test for driving conduct in a motor vehicle accident?
California, United States of America
Can a disclosure statement be used as a warranty?
Saskatchewan, Canada
What is the legal test for mandatory intervention in a medical malpractice case?
California, United States of America
What is the test for a defense to the charge of assault on count 1 of CALCRIM No. 200?
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
Can an accused in a criminal action be confronted in person by the witnesses who testify against him?
"New York", United States of America
What is the test for deducting legal fees under Section 8(1)(b) of the Income Tax Act?
Canada (Federal), Canada
What is the effect of the Court of Appeal's new sentencing guidelines on sexual assault?
California, United States of America
What is the standard of response of a jury in a death penalty case where the jury is asked to consider the possibility of a Governor's commutation of a life without parole sentence?
California, United States of America
How are damages apportioned between tortfeasors?
British Columbia, Canada
Does the presumption of advancement apply in common law relationships?
British Columbia, Canada
What is the rule in equity for the administration of assets?
Ontario, Canada
What is the test for last clear chance in a motor vehicle accident?
California, United States of America
What is the test for establishing that a common fund has been created as a result of a shareholder's derivative action brought on behalf of all shareholders of a corporation?
California, United States of America
Does the equitable tolling of the statute of limitations apply to a prisoner who is serving a term less than for life?
MultiRegion, United States of America
What is the test for a finding of error or error in finding a defendant liable for a fine imposed by a federal district judge?
MultiRegion, United States of America
