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 burden of proving the falsity of statements?
California, United States of America
How do we review findings of fact at trial?
California, United States of America
Can a court amend an existing foreclosure order?
Alberta, Canada
What is the purpose of awarding non-pecuniary damages?
British Columbia, Canada
Can a reply brief to a consent decree be used to remand an action from state to federal court?
MultiRegion, United States of America
Does the court consider whether the guardian who is planning to move with the child would do so without the child?
British Columbia, Canada
What are the reasons given by the District Court for excluding Rule 403 evidence in a civil case?
MultiRegion, United States of America
What is the test for establishing that a plaintiff has suffered from a degenerative disc injury as a result of her motor vehicle accident?
British Columbia, Canada
Can an individual post security for costs?
British Columbia, Canada
What is the test for admitting a confession under the Miranda rights?
California, United States of America
What is a party's disability?
Ontario, Canada
What is the burden of proving venue in a civil case?
MultiRegion, United States of America
How have the courts found that a person who is not a party to a class A notice of claim is entitled to class B?
British Columbia, Canada
Does a finding of abandonment need to include a denial of ownership or interest in the property and physical relinquishment of the property?
MultiRegion, United States of America
What is the clinical judgment of a doctor in a medical malpractice case?
British Columbia, Canada
Can a defendant appeal against a finding that his trial counsel was ineffective for not objecting to hearsay statements that came in from his parole officer?
California, United States of America
In what circumstances can a defendant bring a motion for a new trial based on incompetence?
California, United States of America
What is the legal test for moral obligation in the context of the insanity defense?
California, United States of America
What is the legal test for an allegation of an attempted murder?
California, United States of America
What is the difference between fraudulent misrepresentation and tort of deceit?
Alberta, Canada
What is the test for overturning an order requiring a defendant to pay attorney fees as a condition of probation?
California, United States of America
Does a jury have to consider the presumption of due care as evidence in a jury trial?
California, United States of America
Does the court have to release juror addresses and telephone numbers to the defense?
California, United States of America
How have courts interpreted the presumption of consent when a petition is filed without the signature of the petitioner?
MultiRegion, United States of America
Is a lease agreement enforceable against eviction or disturbance?
Saskatchewan, Canada
What is the test for maximum contact between the parents?
Ontario, Canada
Is there a material change in circumstances?
British Columbia, Canada
What is the current limitation period under section 340.5 of the Code of Civil Procedure?
California, United States of America
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history?
MultiRegion, United States of America
What is the test for determining whether restraints used by the police during an interview constitute a formal arrest?
California, United States of America
What is the test for denying a habeas corpus petition dee novo?
MultiRegion, United States of America
What is the test for damages in a libel action?
Ontario, Canada
Does a minority shareholder have the right to sue the majority owner of the company?
New Brunswick, Canada
What is the law of the case rule on the doctrine of law-of-the case rule?
California, United States of America
What is the test for determining whether a settlement is enforceable?
California, United States of America
Does the AEDPA statute of limitations have jurisdiction or equitable tolling?
MultiRegion, United States of America
What is a conflict between a defendant's attorney and his former client?
California, United States of America
What is the test for a functional approach in municipal law?
Canada (Federal), Canada
Is there any case law in which the court has allowed appellate counsel to represent an indigent criminal defendant in his first appeal?
California, United States of America
How does section 654 of the California Code of Criminal Procedure apply when a defendant is convicted of vandalism and a subsequent breach of the terms of his sentence?
California, United States of America
When a juror has been discharged from a jury due to illness, does the trial court have to telephone the juror or discuss the matter on the record with counsel?
California, United States of America
In what circumstances will a contemnor be found in contempt of court for failing to attend the hearing of a motion for contempt against the contemnor?
California, United States of America
What is the impact of exclusion of evidence obtained from a search warrant obtained during an unlawful arrest?
Ontario, Canada
What is the test for appeal against a finding of misapprehension in a medical malpractice case?
British Columbia, Canada
What is the test for disqualifying a judge for prejudice?
California, United States of America
What is the current state of English law regarding the writ of sequestration?
British Columbia, Canada
Under what strict scrutiny standard of review, is the state required to establish that it has a compelling interest?
California, United States of America
What is the state of the law in relation to questioning?
California, United States of America
Can a judge sever the five year disqualification from the immediate vacating of the seat?
New Brunswick, Canada
What are the legal consequences of losing an action against an opposing party for attorney fees?
California, United States of America
Is there any case law where a defendant's trial counsel asked him whether he had ever been in a fight?
California, United States of America
What is the legal test required for a parent to request a change in custody or access?
British Columbia, Canada
What is the test for a motion to reopen a judgment in a medical malpractice case?
MultiRegion, United States of America
What is our role in reviewing a jury award of damages?
British Columbia, Canada
What is the definition of a "patently unreasonable" claim?
British Columbia, Canada
Is a motion denying a motion to vacate a default judgment nonappealable?
California, United States of America
When counsel withdraws from a motion, does the trial judge need to question counsel as to their reasons?
British Columbia, Canada
What is the current state of the law on a wiretap?
MultiRegion, United States of America
What factors are considered to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment?
British Columbia, Canada
What is the standard of review for questioning whether a defendant received effective representation?
California, United States of America
What is the test for determining whether a procedural device used in a judicial proceeding to deprive a defendant of property comports with due process?
California, United States of America
What is the test for exhaustion of a claim in a personal injury case?
MultiRegion, United States of America
What is the test for determining whether a plaintiff has pre-accident emotional and psychological difficulties?
British Columbia, Canada
Can a defendant petition for a reduction in their sentence for possession of a firearm?
California, United States of America
Can a prosecutor be found guilty of misconduct for making improper remarks in a criminal case?
California, United States of America
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice?
Ontario, Canada
Is a police officer entitled to search the outer clothing of a person in search of weapons?
California, United States of America
What is the test for assessing the evidence at trial in a personal injury case?
California, United States of America
What is the test for arbitrator jurisdiction in a grievance?
Ontario, Canada
What is the test for dismissing a motion for contempt of court for failing to produce two witnesses for trial?
California, United States of America
What is the factual evidence used in the defence in the context of Rule 40A?
British Columbia, Canada
What is the test for establishing fraud on the court?
MultiRegion, United States of America
What is the current state of the law on "sudden" use?
California, United States of America
What is the test for impairment of earning capacity in a plaintiff's employment history?
British Columbia, Canada
What is the burden of proof against a defendant who challenges the legality of a search and seizure?
"New York", United States of America
How have the courts interpreted the relevant testimony at trial?
MultiRegion, United States of America
What consideration was given to the consideration moving from the stronger party to the weaker party?
Ontario, Canada
Is a single, indivisible offer made to more than one plaintiff valid under section 998 of the California Civil Code?
California, United States of America
Does a prisoner have a constitutional right to access to the courts?
MultiRegion, United States of America
Does the Gold Key Lease fall within s. 2(ak) of the Motor Vehicle Act?
Nova Scotia, Canada
How have the courts interpreted the per se rule in this case?
California, United States of America
What is a "disabled" for purposes of entitlement to disability benefits?
MultiRegion, United States of America
What is the test for a final and conclusive judgment in a personal injury case?
California, United States of America
Does the absence of an invitation or licence or licence to enter the cemetery by climbing the fence of a private cemetery for a male plaintiff cause the male plaintiff injury?
Manitoba, Canada
Can a defendant be found guilty of a lying-in-wait murder based on the fact that he was standing in front of his victim while waiting in the car?
California, United States of America
How has the court interpreted the "necessary implication" doctrine in adding words in a will?
Alberta, Canada
What is the test for an abuse of discretion ruling on the admissibility of trial evidence?
MultiRegion, United States of America
How have courts interpreted the standard of injunctive action in an obscenity case?
California, United States of America
Is a plaintiff's contention that an arbitrator was disqualified due to opioid use forfeited if they did not raise the issue at any point during the arbitration proceedings?
California, United States of America
Is inherent jurisdiction sufficient to prevent a single judge from embarking on a novel procedure?
British Columbia, Canada
What is the test for good cause in a civil case where a jury has been accused of misconduct?
California, United States of America
Can a contract be set aside solely on the basis of under value?
Saskatchewan, Canada
What is the legal test for determining whether a witness is competent to testify?
California, United States of America
What is the appropriate sentence for indecent assault of an 8 year old girl?
Alberta, Canada
What is the burden of appeal against a conviction for conspiracy to murder?
MultiRegion, United States of America
What is the test for proving a conspiracy?
MultiRegion, United States of America
What is the penalty for gross misconduct in the legal profession?
Ontario, Canada
What is the basis for an independent review of the record?
California, United States of America
What is the test for a waiver of Miranda rights?
MultiRegion, United States of America
What is the test for making a statement of intent in a motion?
MultiRegion, United States of America
What are the costs of conducting research for an appeal?
Canada (Federal), Canada
What is the test for a claim of ineffective assistance in a motion for habeas corpus?
California, United States of America
What is the impact of unreliable or unreliable evidence on an extradition hearing?
Ontario, Canada
Can a municipality obtain contribution and indemnity from a property owner for failing to comply with its by-laws?
British Columbia, Canada
Does the adjudicator have any obligation or obligation to disclose medical history to police officers?
British Columbia, Canada
What is the reasonableness standard in the context of a judicial review of an administrative driving prohibition?
British Columbia, Canada
What is the standard of review for a motion to dismiss an evidence under section 402 of the California Evidence Code?
California, United States of America
What is the effect of a failure to amend a city's zoning law?
California, United States of America
What are the guiding factors for awarding personal costs against counsel personally?
Ontario, Canada
What are the principles governing a motion under Rule 21.01?
Prince Edward Island, Canada
What is the test for establishing that a change of school placement is in the child's best interests?
Ontario, Canada
What is the state of the law on dental care in prison?
MultiRegion, United States of America
What is the test for determining whether a carrier is liable for delay and/or breach of contract for delay in delivering goods to a miller?
Saskatchewan, Canada
Does a trustee or the bankrupt's estate have to guarantee a creditor's section 38 action?
Saskatchewan, Canada
What is the test for determining the amount of attorney fees awarded by an arbitrator on a bad faith claim?
California, United States of America
Can Plaintiff make a claim against the Defendant for wrongful imprisonment for possession of marijuana?
MultiRegion, United States of America
Is there any case law where the prosecution failed to notify defense counsel of an alleged sexual assault before the trial had even begun?
California, United States of America
What is the test for determining whether an informer can be used as a witness in a criminal case?
California, United States of America
When will a judge determine whether a defendant charged with crime is indigent?
California, United States of America
What is the legal test for discovery of confidential police records?
California, United States of America
What is the test for a claim for damages under Section 1983 of the Criminal Code when a conviction or sentence is not invalidated?
MultiRegion, United States of America
Can a defendant in a federal criminal trial receive for purposes of cross-examination any "statement" of the witness in the government's possession?
MultiRegion, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the effect of an interim order to stop the sale of a property to a First Nation in B.C. for consultation and accommodation?
British Columbia, Canada
In what circumstances will a jury find guilty of two counts of aggravated robbery?
California, United States of America
Is there any case law where the sentence of a person convicted of murder is reviewed in the context of the Fourteenth Amendment?
California, United States of America
What is a trial court's responsibility to ensure that a defendant's right to counsel is fully protected?
California, United States of America
Is a bankrupt a fiduciary position?
Alberta, Canada
Is there any reasonable probability that counsel's error or error of judgment affected the verdict?
California, United States of America
What is the test for establishing that a sentence imposed by a federal district court is too lenient?
MultiRegion, United States of America
Is a witness not an expert?
Ontario, Canada
What violates the Eighth Amendment when an inmate is shot by a police officer?
MultiRegion, United States of America
How have courts interpreted the cautionary instruction in sexual assault cases?
California, United States of America
What are the elements of a stalking claim?
"New York", United States of America
What is the appropriate penalty for misconduct by a member of the Law Society of Upper Canada?
Ontario, Canada
What are the factors for awarding an honorarium to a plaintiff in a personal injury action?
Ontario, Canada
Can a defendant be held liable for the death of his accomplice under section 1170.95 of the California Criminal Code?
California, United States of America
What is the test for abuse of discretion?
MultiRegion, United States of America
What is the scope of the exemption in paragraph 4(3)(b) of the Regulations?
Canada (Federal), Canada
What are the consequences of a negotiated plea of no contest and restitution?
California, United States of America
What is the current penalty for sexual harassment?
Ontario, Canada
When will the statute of limitations run out in a civil rights action?
MultiRegion, United States of America
In support of a motion to set aside a default judgment, in what circumstances have courts considered this argument?
MultiRegion, United States of America
Can a strata be held liable for damage caused to common property?
British Columbia, Canada
Is there any case law supporting a plaintiff's argument that a fixed, certain and understandable offer must be outstanding down to the trial?
Ontario, Canada
In what circumstances will a plaintiff who was struck in the eye by a baseball ball during a school lunch break be able to play catch?
British Columbia, Canada
Can a unionized employee continue to take vacation entitlement to LOU #4 of the union while a challenge is being heard at arbitration?
Canada (Federal), Canada
What is the test for defining reasonable doubt?
MultiRegion, United States of America
What are the elements of conversion and how have the courts dealt with conversion claims?
California, United States of America
What are the most recent decisions in the history of solicitor and client privilege?
Ontario, Canada
How does the substantial evidence standard apply to a restraining order?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What are the Miranda rights of a suspect in a criminal case?
MultiRegion, United States of America
Is a search conducted prior to an arrest unlawful?
California, United States of America
What is the effect of admitting evidence of letters between the parties in a personal injury case?
California, United States of America
Can a federal prosecutor be found to have violated the federal and state constitutions in their conduct at trial?
California, United States of America
What is the test for reasonable cause in the context of malicious prosecution?
California, United States of America
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court?
MultiRegion, United States of America
What is the test for making a threat to kill a person who is a victim of domestic violence?
California, United States of America
Does Scarth J. give reasons for judgment on damages for breach of contract?
British Columbia, Canada
Is a judge's impartiality under Rule 41(b) barred?
MultiRegion, United States of America
Is a firearms officer's decision not to grant a licence to an applicant reasonable?
Ontario, Canada
What is the current state of the law in common law where no damages can be awarded for wrongful birth?
British Columbia, Canada
What is the good faith exception to the exclusionary rule?
California, United States of America
What are the principles of natural justice in a sexual assault case?
Ontario, Canada
What is the current state of the law on "aberrant behavior"?
MultiRegion, United States of America
What is the test for a bylaw to be prohibited pursuant to s. 478(2) of the BC Code of Civil Procedure?
British Columbia, Canada
How has the court treated the doctrine of transitory possession in the context of Mijares?
California, United States of America
How have the courts treated a prosecutor's comment to a defendant's objection to a statement from the record?
California, United States of America
What is the test for demonstrating an interest in the land at issue in a lawsuit?
Ontario, Canada
What is the test for a jury to convict a defendant of conspiracy?
California, United States of America
What is the legal test used to determine insufficient evidence in a sexual assault case?
California, United States of America
What is the test for consent when a driver is not named in the rental agreement?
British Columbia, Canada
What is the basis in law for the remaining claim?
Ontario, Canada
Does defendant have to be held liable for theft from the body of a dead person if he is convicted of the crime of aiding and abetting his own escape?
California, United States of America
Can a plaintiff bring multiple claims against the same defendant?
MultiRegion, United States of America
What is the test for good faith advice to an attorney to refuse to comply with a court order to reveal assertedly privileged information?
California, United States of America
What is the test for determining that a court was unaware of the fact that a motion was brought against Defendant in a personal injury case?
California, United States of America
Is there any evidentiary error in admitting evidence of abuse?
California, United States of America
What is the test for disclosing all monies paid or payable by a claimant in a claim?
Canada (Federal), Canada
What is the test for suppressing evidence in a civil case?
MultiRegion, United States of America
Does a motion to substitute counsel need to be granted?
California, United States of America
Can a party exercise peremptory rights on the basis of their gender?
MultiRegion, United States of America
What is the test for an assault with intent to murder?
California, United States of America
What is the test for a restitution order in a sexual assault case?
California, United States of America
What is the test for a plaintiff's right to self-representation?
California, United States of America
How have the courts treated peremptory challenges to exclude African-American prospective jurors?
California, United States of America
What is the test used to determine whether a union has a valid claim?
California, United States of America
What are the powers of the Registrar of Justice?
British Columbia, Canada
Is a patdown search for weapons justified?
California, United States of America
What is the difference between the time between a police interview and the subsequent admission of a Miranda violation?
"New York", United States of America
Does section 654, subdivision (a) of the California Criminal Code prohibit multiple punishment under the same law?
California, United States of America
Does assault with a deadly weapon and carjacking charge merge for purposes of sentencing?
California, United States of America
What is the standard for measuring consent under the Fourth Amendment?
California, United States of America
What is the effect of appealing a sentence of 2 years less one day in jail to follow by 12 months on probation for a robbery charge?
Nova Scotia, Canada
What is the test for equal ownership of an asset which has already been shared equally?
Manitoba, Canada
What is a "fantastic termination" in a medical malpractice action?
California, United States of America
Is there a requirement that the perpetrator entertain the intent to kill for either the offense of felony murder or the robbery-felony-murder special circumstance?
California, United States of America
Can a lookout be convicted of aiding and abetting murder in the second degree?
California, United States of America
Can a maintenance order be varied under s. 17(4) of the Divorce Act?
British Columbia, Canada
