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 the sale of a townhouse a family property?
British Columbia, Canada
What is the test for an offer to settle in exchange for being given sole custody in a divorce proceeding?
British Columbia, Canada
What is the test for a disability claim at the Accident and Accident Review Tribunal?
Canada (Federal), Canada
Is a mere hunch by a police officer sufficient to justify a stop?
MultiRegion, United States of America
If a reviewing court finds that a number of mitigating circumstances are not sufficiently substantial to warrant leniency in a criminal case, what is the current state of the law?
MultiRegion, United States of America
What is the effect of a demurrer in a child abuse case?
California, United States of America
Is there any case law where a defendant mistook a security guard for a police officer?
California, United States of America
What is the effect of the forgoing rule on a motion of general negligence?
California, 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
What is the difference between a plaintiff and a prisoner when it comes to the Fourteenth Amendment and the Eighth Amendment?
MultiRegion, United States of America
Is parol evidence admissible to establish that an oral agreement does not conflict with the written contract?
British Columbia, Canada
What are the requirements for a plaintiff to make a full list of defendants in a civil action for violation of his constitutional rights?
MultiRegion, United States of America
What is the substantial evidence rule, move-over?
California, United States of America
Does adult pornography have less probative value than child pornography in cases involving the intent to commit a lewd act on a child?
California, United States of America
What are the consequences of failure to state a claim for relief under Section 1983?
MultiRegion, United States of America
In what circumstances have special costs been denied?
British Columbia, Canada
How has the issue of costs been dealt with in family law cases?
British Columbia, Canada
Does a trial counsel's failure to object to an evidentiary error on the same ground asserted on appeal result in forfeiture of the issue?
California, United States of America
Does a court's order for a surety to release a defendant's bond materially increase the surety's risk on the bond?
California, United States of America
What is the test for determining whether a driver has a yellow light?
British Columbia, Canada
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action?
California, United States of America
Does an inmate have to exhausted his administrative remedies before filing a writ of habeas corpus?
MultiRegion, United States of America
Does a court have the power to impose sanctions on a party for failing to comply with a court order?
MultiRegion, United States of America
How has the court treated victim impact evidence in a medical malpractice case?
California, United States of America
What is the test for a defendant to bring a judicial misconduct claim against his trial attorney?
California, United States of America
What is the standard for appealing from where an order is appealed from?
British Columbia, Canada
What is the current value of the assets of a family that are subject to division?
British Columbia, Canada
What law applies to amend a petition under the Controverted Elections Act?
Saskatchewan, Canada
Can a convicted sex offender who is caught in a sting operation avoid having to register as a sex offender?
California, United States of America
What is the burden of finding a new employer for a person who has been denied employment because of a mental impairment?
MultiRegion, United States of America
What is the Miranda warning to a suspect in police questioning?
California, United States of America
What is the test for reasonableness in a public entity's claim that it would have been too costly and impractical to do anything else?
California, United States of America
What is the test for diminished capacity due to intoxication?
California, United States of America
What is the legal case law that supports the argument that there is a necessary tie between instructing on self-defense and manslaughter?
California, United States of America
What is the test for providing attorney fees for successful litigants in public interest lawsuits?
California, United States of America
Can a plaintiff bring a claim for declaratory relief and money damages challenging prison disciplinary procedures in a civil rights action?
MultiRegion, United States of America
What is the test for a federal district judge to issue an injunction against the Attorney General for a violation of the Eighth Amendment?
MultiRegion, United States of America
Under what circumstances will a trial court admit evidence under exceptions to the hearsay rule for abuse of abuse of power?
MultiRegion, United States of America
What is a financial advisor’s duty of care to his client in dealing with a client's medical malpractice?
British Columbia, Canada
What are some cases dealing with time limits in human rights cases?
British Columbia, Canada
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant?
Alberta, Canada
When is an out-of-court statement not hearsay?
California, United States of America
What is the burden of a defendant challenging the sufficiency of evidence at trial?
MultiRegion, United States of America
How have courts treated discrimination against nonresident water users?
California, United States of America
Can a jury rely on expert testimony about gang culture and habits to determine whether a crime is gang related?
California, United States of America
What are the relevant factors for determining an award in the context of matrimonial home matter?
Ontario, Canada
What is the test for dismissing a frivolous complaint?
MultiRegion, United States of America
Is there any case law where the court has previously refused to find probable cause on the basis of the evidence provided by NADDIS?
MultiRegion, United States of America
Is a defense counsel's duty to investigate and rebut any aggravating evidence that may be introduced by the prosecutor?
MultiRegion, United States of America
What is the standard of care for a plaintiff in a medical malpractice case?
Manitoba, Canada
What is the test for a murder conviction?
California, United States of America
What is the test for cross-dressing in a shipping case?
Canada (Federal), Canada
What is the relevant delay for a renewal application brought after the period when the Writ (or Notice of Claim) has expired?
British Columbia, Canada
Are plaintiffs barred from bringing a claim against Shinefield for misrepresentation and concealment?
California, United States of America
What are the standard factors for determining damages for defamation?
Alberta, Canada
What is the effect of a motion for judgment of acquittal after the close of evidence?
MultiRegion, United States of America
Does an involuntary suspension from school render the matter moot?
California, United States of America
What is the test for a finding that a defendant has not been legally committed under section 859 of the Penal Code?
California, United States of America
What is the current state of the law on challenging a guilty plea?
MultiRegion, United States of America
What is the standard of review for a motion to overturn an order from a lower court?
California, United States of America
What is the test for assessing damages for loss of opportunity?
Canada (Federal), Canada
What factors were considered in determining the quantum of damages awarded to a plaintiff in her personal injury action?
California, United States of America
What is the definition of "aider and abettor"?
California, United States of America
Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
Does a motion for security for costs become a summary judgment?
Ontario, Canada
What is sufficient to support a conviction in a sexual assault case?
MultiRegion, United States of America
Does the Court have jurisdiction to award sanctions against a defendant who was found guilty of a charge of recklessly driving while driving under the influence of alcohol?
California, United States of America
Is an arrest warrant an instrumentality in pleading?
California, United States of America
Is an attorney entitled to a lien on a contingency fee?
California, United States of America
What is the burden of establishing privacy in a search?
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
Does the trial court err in allowing the prosecution to introduce defendant's admission?
California, United States of America
Is there a remedy for repeated disobedience of injunctions and of orders to make proper discovery of documents?
British Columbia, Canada
What is the legal test for denying a claim by a federal government agency?
MultiRegion, United States of America
What is the test for making a class action joinder?
MultiRegion, United States of America
What is the test for imperfect self-defense?
California, United States of America
What is the burden of a review of a recommendation of a disciplinary board?
California, United States of America
What is the test for determining whether the Federal Reserve has jurisdiction to intervene in the financial crisis?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a petition for modification to a parenting order?
"New York", United States of America
What is the legal test for calling upon an expert in a medical malpractice case?
California, United States of America
What is the current state of the law in relation to the 5 part test?
Ontario, Canada
What is the test for obtaining a search warrant for photographs of a person in the street?
California, United States of America
What is the effect of undue influence on a plaintiff to settle a claim for medical malpractice?
Alberta, Canada
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition?
British Columbia, Canada
Does a police officer have a reasonable suspicion of criminal activity based on the flight, confrontational behavior and lack of cooperation of an individual who fled the scene of the incident?
California, United States of America
What is the test for overturning a finding of guilty on appeal?
California, United States of America
Can a limitation period be extended in an action under s. 130 of the Securities Act?
Ontario, Canada
Can an appellate court substitute its own judgment as to the proper award for damages in the context of defamation?
Alberta, Canada
What are the terms for varying child support agreements?
Saskatchewan, Canada
What are the elements of intentional misrepresentation?
California, United States of America
First, what evidence supports defendant's conviction on counts 1, 2 and 3?
California, United States of America
Can a misrepresentation be used in employment law?
Ontario, Canada
What is the test for receiving a nurse's notes?
Newfoundland and Labrador, Canada
What is the burden of proving that a judgment is wrong?
California, United States of America
Is a tribal hunt a religious exercise protected by the First Amendment?
MultiRegion, United States of America
When reviewing a trial court's decision on the Miranda issue, does the court have to agree that a statement was obtained in violation of the Miranda Act?
California, United States of America
What is the consequence of a failure to cross-examine the complainant in cross-examination?
Ontario, Canada
Does the limitation period under section 626(d) of the Health and Safety Code need to be equitably modified?
MultiRegion, United States of America
Can a defendant argue that his concurrent sentence violates section 654 of the Criminal Code?
California, United States of America
Does the invited response doctrine apply in the context of the reasonable doubt standard?
MultiRegion, United States of America
What is the test to prevent the application of an adverse inference?
British Columbia, Canada
What is the test for staying a motion against a defendant for slander?
Saskatchewan, Canada
In a medical malpractice case, in what circumstances will a jury deliver a special verdict for the widow and children of a plaintiff?
California, United States of America
What is the test for making a motion for additional discovery?
MultiRegion, United States of America
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause?
California, United States of America
Can a police officer obtain an invitation to enter a private place through a ruse?
MultiRegion, United States of America
What are the grounds for briefing in a personal injury case?
California, United States of America
Is prejudgment interest awarded to a jury in an action for breach of a contract?
California, United States of America
Is there sufficient evidence to support the jury's finding that the California Criminal Street Gang is a criminal street gang?
California, United States of America
What is the standard for determining whether a defendant is connected to a conspiracy?
MultiRegion, United States of America
What is the test for establishing that the apartment in which defendant was found to be the home or place of business of the complainant?
"New York", United States of America
What is the test for detention of an individual under "suspicious circumstances" by a police officer?
California, United States of America
What is the test for establishing a probable cause in a personal injury case?
Ontario, Canada
What is the test for uniqueness in a home?
Ontario, Canada
What is the test for determining whether a plaintiff has sustained a permanent brain injury?
British Columbia, Canada
What is the test for an offer under section 998 of the California Motor Vehicle Code?
California, United States of America
Can the defense argue that the newly defined offenses described in the supplemental instructions for sexual assault have changed the outcome of the trial?
California, United States of America
Do acts undertaken in furtherance of the substantive offence that is the object of the conspiracy?
British Columbia, Canada
How have courts dealt with a mistake in the form of a verdict in a case where the jury was instructed on the correct section of the Penal Code reference?
California, United States of America
What is the standard of review in a personal injury appeal?
Saskatchewan, Canada
What is the difference between a plaintiff at bar and a brakesman?
Saskatchewan, Canada
How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal?
California, United States of America
What tactical errors were made by counsel at a civil trial?
MultiRegion, United States of America
What is the quantum of damages for an unsuccessful party in a personal injury action?
Ontario, Canada
Is a failure to deliver a tax lien enforcible by the seller itself joined to a mutual mistake of law?
MultiRegion, United States of America
What is the test for confronting a witness?
California, United States of America
What is the test for a claim under a disability policy when the policy was rescinded in 1985?
Nova Scotia, Canada
What is the duty of a judge to control all proceedings during a trial?
California, United States of America
What is the effect of a public nuisance injunction on the criminal justice system?
California, United States of America
What is the applicable standard of review for a restitution order?
California, United States of America
Does the presumption that a person who makes a statement of intent to injure another person be liable for damages if that statement contains two statements of intent?
MultiRegion, United States of America
What are the consequences of a jury's failure to determine the scope of a sentence that would have reduced a defendant's sentence?
California, United States of America
How does the Court of Appeal review a denial of a motion for a new trial based on a claim of ineffective assistance?
California, United States of America
Does a prisoner need to amend his or her Statement of Claim to the Court to avoid a strike?
MultiRegion, United States of America
Can a debtor who is discharged from bankruptcy provide a promissory note in order to secure payment of moneys owing to the debtor prior to his discharge from bankruptcy?
British Columbia, Canada
What is the test for determining whether a threatened person's fear of violence was reasonable?
California, United States of America
What is the test for determining whether a claimant suffers from a complete inability to carry on a normal life?
Ontario, Canada
What is the test for a police officer's opinion that the accused was impaired by alcohol?
Alberta, Canada
What is the range of damages for an elderly plaintiff who sustained a fractured skull in a motor vehicle accident?
British Columbia, Canada
Does a tying claim need to be successful under the rule of reason?
MultiRegion, United States of America
What is the test used to answer whether a strata’s allocation of common expenses is significantly unfair to the owner?
British Columbia, Canada
Can non-Fedex defendants argue that the District Court lacks subject matter jurisdiction?
MultiRegion, United States of America
Is there a conflict in the evidence as to whether the police entered the room of defendant before speaking to him?
California, United States of America
What is the current state of the law with respect to the requirement that a person be charged with a sexual assault be supported by non-hearsay allegations?
"New York", United States of America
What is the effect of s. 34(4)(c) of the Criminal Code on a defendant's opportunity and ability to meet the charge?
Ontario, Canada
What is the test for a status review?
Ontario, Canada
Can defence counsel call evidence at a preliminary hearing under section 541 of the Criminal Code?
British Columbia, Canada
How have instructions been instructed in a personal injury trial?
California, United States of America
Is interest received on investments considered income from a business rather than from a property?
Ontario, Canada
What are the constitutional implications of a motion to restrain a police officer?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel at trial?
MultiRegion, United States of America
Does common law admissibility of declarations made in the course of duty?
British Columbia, Canada
What is the scope of questioning by a police officer during a traffic stop?
MultiRegion, United States of America
Does Ruling 82-40 need to be re-examined?
MultiRegion, United States of America
Is a letter of recommendation and the favorable testimony of an attorney sufficient to invalidate a reinstatement petition?
California, United States of America
Is there absolute immunity for a police officer who conspired to fabricate and forward to prosecutors a known false confession?
MultiRegion, United States of America
How have courts dealt with appeals from a conviction under the Youth Corrections Act?
MultiRegion, United States of America
In what circumstances will a husband and wife be able to claim equal living standards of living with the wife when they separate from each other?
British Columbia, Canada
What is the test for determining whether a child with special educational needs has been changed by his or her parents?
Nova Scotia, Canada
In what circumstances will a warrant be invalid for the seizure of a person's car?
California, United States of America
What are the elements of a plaintiff's application for standing in a civil case?
MultiRegion, United States of America
What is a trial court's duty to correct and give a proposed defense instruction that incorrectly states the law?
California, United States of America
Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver?
Alberta, Canada
Does the presumption of advancement apply to gratuitous transfers of property from a wife to her husband?
Ontario, Canada
Is kidnapping for robbery a form of aggravated kidnapping defined in section 209 of the California Criminal Code?
California, United States of America
What is the test for "otherwise order" under Rule 15-1(15) of the BC's Fast Track Rule?
British Columbia, Canada
What is the difference between a fair trial and a fair appeal?
British Columbia, Canada
What is the standard applied by a court to grant a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
What is the standard of review for a court's failure to instruct on lesser included offenses of battery or aggravated battery?
California, United States of America
In a long-term marriage involving sharing of resources between spouses, what is the concept of "need" in the context of sharing resources?
British Columbia, Canada
How has the court treated a claimant’s past income loss damage award for the past year?
British Columbia, Canada
Does the Court have a vested right to protect the integrity and security of the source of funding for the payment of benefits?
California, United States of America
What is the test for a writ of habeas corpus ad testificandum to bring a state prisoner witness into federal court?
MultiRegion, United States of America
Can a defendant raise preclusion in a motion to dismiss?
MultiRegion, United States of America
What are the consequences of a court's failure to instruct sua sponte on a lesser included offense in a noncapital case?
California, United States of America
When determining the sufficiency of circumstantial evidence in a murder trial, is the evidence sufficient to convict the accused of the crime?
MultiRegion, United States of America
What is the test for proving that a defendant was driving while intoxicated?
MultiRegion, United States of America
What if a matter has been listed for trial through error or inadvertence?
Ontario, Canada
How has the California Board of Retirement been dealt with in a motor vehicle accident case?
California, United States of America
What is the role of the appellate court in determining whether or not to suppress evidence in an extraordinary writ of appeal?
California, United States of America
What is the test for determining instructions in a personal injury case?
MultiRegion, United States of America
What is the test for establishing a new offence under a new penal code?
California, United States of America
Can a plaintiff prove a substantial possibility of future loss of income despite having returned to his usual employment?
British Columbia, Canada
What is the test for determining whether the facts recited by the state appellate court are correct?
MultiRegion, United States of America
Does the invited error doctrine apply to the doctrine of imperfect self-defense?
California, United States of America
Is there any authority for attorney's fees in claim and delivery?
California, United States of America
In what circumstances have courts found that a strip search of a high school student by a police officer exceeded the established parameters for such searches?
British Columbia, Canada
What is the duty of the court on a motion where the Master's findings are challenged?
Manitoba, Canada
Does the court have jurisdiction to hear an application from Ogwedeni:deo?
Ontario, Canada
Is a demand letter protected activity under section 425.16 of the California Anti-SLAPP Act?
California, United States of America
What is the defence of necessity and duress?
Nova Scotia, Canada
What is the test for a jury to convict a defendant of sexual assault?
California, United States of America
Can a court order special costs for a defendant who altered records after the examination for discovery to bolster its claim?
British Columbia, Canada
What is the effect of a former employee dropping out of a group of employees for personal injury relief?
California, United States of America
Is a builder required to be a guarantor of the suitability of the plans and specifications provided by the architect and engineer to the owner?
Saskatchewan, Canada
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
What is the test for an award in a personal injury case?
British Columbia, Canada
What is the test for a judge's allocation of restitutionary responsibility?
California, United States of America
What is the test for drawing an inference from a failure to produce evidence?
California, United States of America
Does a failure to disclose the risks to a patient's health constitute negligence rather than battery?
British Columbia, Canada
