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.
Does a statement of account need to start again?
"New York", United States of America
What is the legal test for reversing a finding of fact?
Ontario, Canada
Can a creditor bring an action against the debtor in the bankruptcy court?
federal, United States of America
What is the test for assessing the meaning of the word "interpretation" in the context of a statutory interpretation?
California, United States of America
Can a chair of a meeting refuse to accept proxies?
British Columbia, Canada
How have particulars been interpreted in class actions?
British Columbia, Canada
What are the grounds for malice in the statement of claim?
Prince Edward Island, Canada
What is the test for determining whether a statutory bar is applicable?
British Columbia, Canada
Can a judge who did not preside at trial review a defendant's motion for a new trial?
California, United States of America
How does section 3333 of the California Civil Code apply?
California, United States of America
Is compensation going exclusively to reimbursement of expenses considered income for child and spousal support purposes?
British Columbia, Canada
Can a judge be found to have abused his discretion by failing to rule on the basis of a reporter's transcript or other record of the reasons for the trial court's ruling?
California, United States of America
Can a defendant appeal his sentence for fleeing the police while fleeing from the police?
California, United States of America
What are the principles governing the exercise of the court’s when dealing with support pending trial?
Ontario, Canada
What is the test for the admissibility of Facebook evidence in a sexual assault case?
California, United States of America
Is a juror who refuses to follow their instructions "unable to perform his duty" subject to discharge by the court?
California, United States of America
What is the role of the appeal court in making discovery rulings in the first instance?
California, United States of America
When will a court grant a continuance in a criminal case?
California, United States of America
What is the test for reducing a defendant's first degree murder conviction to second degree?
California, United States of America
Is there a new notice of default required for the termination of a Lease?
British Columbia, Canada
Is it beyond our jurisdiction to consider in habeas corpus such action by the judge?
MultiRegion, United States of America
What is the test for summarily dismissing an action under R. 9-6?
British Columbia, Canada
Does a sentence based on facts relating to an unproved crime need to be changed?
MultiRegion, United States of America
How have the courts treated the prosecution's display of a demonstration fishing lure in a murder trial?
California, United States of America
Can two co-employees, injured in the same accident and under identical employment circumstances, be treated differently under workmen's compensation law?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence and to special circumstance allegations?
California, United States of America
What are the elements to sustain a claim of intentional interference with prospective economic relations?
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
Can a defendant rely on hearsay testimony in a criminal case?
MultiRegion, United States of America
What is the effect of a motion judge's error in awarding compensatory support?
Ontario, Canada
What is the government's burden of proving the falsity of a witness's responses?
MultiRegion, United States of America
What is the impact of disqualification of an attorney in a personal injury case?
California, United States of America
What is the legal test for requiring a party to join in the defence of a motion?
British Columbia, Canada
What is the test for a defendant to challenge section 3051 of the Fourteenth Amendment?
California, United States of America
What is the test for a jury to agree on a degree of murder?
California, United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
What is the legal test for obtaining a search warrant from a magistrate?
California, United States of America
Is a finding that a trial court erred by failing to comply with section 1093, subdivision (f) of the California Civil Code prejudicial?
California, United States of America
What is the test for denial of leave to amend appropriate where further amendment is futile?
MultiRegion, United States of America
How have the courts interpreted a Notice of Claim that is 49 pages, including 191 paragraphs and named 49 defendants?
British Columbia, Canada
What is the rule of reasonableness in the context of water conservation legislation?
California, United States of America
What is the test for determining whether the procedures used by the Health and Social Services Secretary to process a claim for medical malpractice are inconsistent with the requirement of procedural due process?
MultiRegion, United States of America
How have courts interpreted contracts of exoneration and indemnification for hotels?
"New York", United States of America
Can a plaintiff who brings a defamation action for intentional infliction of emotional distress avoid the need to post a bond?
California, United States of America
What decisions have been made in the context of a People's Amendment?
California, United States of America
What is the impact of chronic parenting issues on a child?
Ontario, Canada
In what circumstances has the Law Society of BC suspended or ordered the respondent to pay costs for professional misconduct?
British Columbia, Canada
Is the failure of one party to comply with the Family Code disclosure requirements a ground to set aside the judgment?
California, United States of America
Can a defendant who failed to object to the order requiring him to be tested under section 1202.1 of the California Civil Code, challenge the order on appeal?
California, United States of America
What is the legal test for not guilty by reason of insanity?
California, United States of America
What is the legal standard for success in an event?
British Columbia, Canada
Is there any evidence that a plaintiff’s concern that he is at risk of losing his job at Tantalus?
British Columbia, Canada
What is the current state of the law on costs for an administrative decision-maker?
Nova Scotia, Canada
Is a surety's argument that the surety does not have a valid claim under the California Statutory Code of Civil Procedure?
California, United States of America
Can a defendant be ordered to pay costs of a class action?
British Columbia, Canada
Does a defendant have to serve two consecutive indeterminate life sentences under the Three Strikes Act?
California, United States of America
What are the findings of a jury's instructions in a personal injury case?
California, United States of America
Is unlawfully taking a vehicle a criminal offence?
California, United States of America
How to evaluate the credibility of an expert witness?
California, United States of America
What is the effect of Proposition 36 on a defendant's appeal against his sentence?
California, United States of America
Does a plaintiff have to pay spousal support on the unequalized portion of his pension for the purposes of his equalized portion?
Ontario, Canada
Does a party have the burden of proving its claim to subject matter jurisdiction?
MultiRegion, United States of America
What is the effect of the Court of Appeal's finding that the form of a release and the timing of the release are not essential to the agreement?
Ontario, Canada
What is the meaning of intent without corresponding action in a divorce action?
Alberta, Canada
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court?
MultiRegion, United States of America
Does the Architectural Institute of B.C have a right to continue to be a member of the profession?
British Columbia, Canada
What are the requirements for an amendment to the statute of limitations in sexual assault cases?
MultiRegion, United States of America
How have the courts interpreted the Miranda warning in this case?
California, United States of America
What is the test for setting aside a domestic contract or provisions in that contract?
Ontario, Canada
What is the proper notice of application for a declaration of lien?
British Columbia, Canada
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay?
Manitoba, Canada
How have courts applied the doctrine of agency in determining a binding contract between a homeowner and his wife?
Ontario, Canada
How to instruct a jury on a special circumstance charge?
California, United States of America
In what circumstances will interim orders be varied or modified?
Ontario, Canada
When will the court order an estimated or estimated amount of expenses to be paid by the requesting spouse?
Manitoba, Canada
What evidence would have been presented to a jury in a criminal case?
California, United States of America
Does the initial "arising from" requirement under the anti-SLAPP statute apply?
California, United States of America
What is the test for “maximizing contact” with the father?
Ontario, Canada
What is the burden of defending a lockdown policy that is race-based?
MultiRegion, United States of America
Can a plaintiff recover pre-tender defense costs from an insurer?
MultiRegion, United States of America
Can an application for a hardship exemption be made in a letter?
British Columbia, Canada
What are the case-specific facts in a civil case?
California, United States of America
What is the obligation of a wrongfully-dismissed employee to mitigate loss by returning to work for the same employer?
British Columbia, Canada
What is the standard of review applicable to a trial judge in a negligence case?
Alberta, Canada
What is the effect of Rule 68 on a hospital's lodestar?
MultiRegion, United States of America
Can a federal court declare a mistrial and order a defendant retried?
California, United States of America
What is the test for finding no prosecutorial misconduct or abuse of discretion in a motion for a new trial?
California, United States of America
What are the damages for damages for breach of contract?
British Columbia, Canada
What is the test for abuse of discretion in denying an asylum application?
MultiRegion, United States of America
What rights does a suspect have when questioned by the police?
California, United States of America
Is a contractor required to comply with the statutory requirements of a contractor?
Canada (Federal), Canada
Does a father have a duty to control the actions of his adult son's mental health?
Ontario, Canada
How have courts dealt with the issue of pre-trial publicity during a public inquiry?
Ontario, Canada
What is the default in a personal injury action?
British Columbia, Canada
What is the burden of proving falsity under federal law?
MultiRegion, United States of America
What is the current state of the law on parole searches?
California, United States of America
What is the test for writing off child support arrears?
Manitoba, Canada
In what circumstances will a father be awarded joint custody of a child in his day-to-day care unit?
Nova Scotia, Canada
What is the connecting factors test used by courts to determine if an Indian was entitled to employment on a reserve?
Canada (Federal), Canada
What is the legal test for having a motion on the Commercial List before the Court of Appeal?
Ontario, Canada
What is the test for a cross-appeal?
British Columbia, Canada
Does the evidence show that the commission of an assault was committed as a result of entrapment?
California, United States of America
What is the test for having jurisdiction to challenge a conviction and sentence for possession and illegal transfer of an unregistered machine gun?
MultiRegion, United States of America
What is the test for making a threat under section 422 of the California Criminal Code?
California, United States of America
Can a state be granted state immunity in respect of its violations of international humanitarian law in Italy?
Canada (Federal), Canada
Does the forfeiture rule apply when a defendant has objected to a motion of objection?
California, United States of America
Is defendant's certificate of discharge from parole relevant to the search of his motel room by police?
California, United States of America
Is there a ban on joining wrongful dismissal and defamation claims in the same action?
Nova Scotia, Canada
Does repayment of debt from proceeds of exempt property create non-exempt equity?
Alberta, Canada
In what circumstances will a jury be able to acquit appellants on the charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
Does destroying or concealing evidence "contemporaneously with arrest" constitute obstruction of justice?
MultiRegion, United States of America
Can a plaintiff obtain injunctive relief against a physician who has been found to have dealt unfairly with another physician?
California, United States of America
What is the test for a probationer to be placed on a "reasonable condition" of their probation?
California, United States of America
What are the grounds of appeal in a case brought by the Court of Appeal?
Nova Scotia, Canada
What is the test for punitive damages in a motor vehicle accident?
British Columbia, Canada
What is the test for reasonable and probable cause in false imprisonment and malicious prosecution?
Manitoba, Canada
How have the courts dealt with the issue of improper motions to recuse from senior judges?
MultiRegion, United States of America
What is the current state of the law on the Eighth Amendment?
MultiRegion, United States of America
What is the duty of a municipality to maintain all its sidewalks in perfect level?
Ontario, Canada
What is the effect of a district court's assumption of jurisdiction to revoke probation?
MultiRegion, United States of America
Does a district attorney's failure to follow guidelines for prosecuting an escape constitute a due process violation?
MultiRegion, United States of America
What is the threshold for a constructive trust?
British Columbia, Canada
What is the test for establishing constitutionally inadequate assistance?
California, United States of America
What are the factors that Robertson J. considered in her reasons for a separation?
Ontario, Canada
What is the test for establishing that a jury has been sworn?
MultiRegion, United States of America
What are the costs of a family law action?
Ontario, Canada
What is the test for review of sentencing decisions under the abuse of discretion standard?
California, United States of America
What is the test for imputing income to either spouse for child and spousal support purposes?
British Columbia, Canada
What are the rules of review in the context of a sexual assault case?
MultiRegion, United States of America
In what circumstances will a defendant strike from the operative complaint of an anti-SLAPP motion?
California, United States of America
In what circumstances will the trial court admonish the jury to disregard the testimony of an injured witness?
California, United States of America
What is the impact of litigation on the general cost of counsel's fees?
Nunavut, Canada
What is the test for determining whether "punishment" is legitimate governmental conduct?
MultiRegion, United States of America
What is the test for allowing evidence of gang membership to be found in a criminal case?
California, United States of America
What is the legal test for a motion for a new trial based upon jury misconduct?
California, United States of America
What is the test for determining which parent is best able to meet the needs of the infants?
Saskatchewan, Canada
In what circumstances will a court award damages for fraud and breach of contract in the same judgment?
California, United States of America
What is the burden of proving prejudice against a defendant in a consolidated case?
California, United States of America
If there is probable cause for this search, is it incidental or contemporaneous to a lawful arrest?
MultiRegion, United States of America
Is a failure to file an income tax return an affirmative act of attempted tax evasion?
MultiRegion, United States of America
Is it a Fourth Amendment search for a police officer to see an item that is exposed to public view?
California, United States of America
What is the good cause of a police officer's request for personal information?
California, United States of America
What federal remedies apply to a plaintiff who has failed to exhaust remedies?
MultiRegion, United States of America
What are the elements of a joint action brought by two members of the guard staff and two police officers?
British Columbia, Canada
Does a prosecutor's improper argument at trial need to be re-examined?
MultiRegion, United States of America
In what circumstances has the defense of laches been recognized?
California, United States of America
What is the test for a motion for summary judgment against a parent for failing to supervise their 17 year old son's birthday party?
Ontario, Canada
Is an arbitration agreement invalid if it interferes with a class proceeding?
Ontario, Canada
Can a jury use a magnifying glass to scrutinize photographic exhibits at trial?
California, United States of America
Can a defendant be sentenced to two concurrent sentences under section 654 of the Criminal Code?
California, United States of America
What is the test for an action for negligence?
British Columbia, Canada
What is the test for determining whether a plaintiff is a "prevailing party" in a contract?
California, United States of America
How have identification requirements been interpreted in the context of extradition proceedings?
British Columbia, Canada
What is the definition of "a person aids and abets the commission of a crime"?
California, United States of America
Is a failure to define an essential element of a crime prejudicial?
California, United States of America
What is the test for a representative plaintiff in a class action?
Ontario, Canada
Does the phrase "maturely and meaningfully reflected" in section 189 of the California Statutory Code of Civil Procedure apply to a person who is not maturely and sufficiently reflected?
California, United States of America
What is the test for awarding attorney's fees under the Copyright Act?
MultiRegion, United States of America
Is a jury still likely to find the special circumstance allegation true on the basis appellant was a major participant in the crime but was not the actual shooter?
California, United States of America
What is the test for a claim of right defense?
California, United States of America
Is a client entitled to an interim assessment of their solicitor's client's interim account?
Ontario, Canada
Does a bargaining agent have the authority to challenge an employer's decision not to reimburse medical advisors their professional liability insurance fees?
Canada (Federal), Canada
Does a vendor have the right to treat non-payment of the purchase price as abandonment of the agreement for sale?
Saskatchewan, Canada
What is the federal court's current procedure for dismissing a petition containing unexhausted claims?
California, United States of America
How much can a medical marijuana patient possess or cultivate?
California, United States of America
What is the test for a motion to stay imposition of two separate sentences under section 654 of the Criminal Code?
California, United States of America
Does a beneficiary have an immediate possessory interest in a property in a bare trust?
British Columbia, Canada
Can a decision as to registration be re-opened by reason of a change of mind?
Canada (Federal), Canada
What is the burden of proving a defendant in a criminal trial for a specific intent crime?
California, United States of America
What is the test for rejecting a witness's whole testimony?
California, United States of America
What is the test for a motion dismissing an order dismissing an indictment?
MultiRegion, United States of America
What is the test for making a statement within a sufficient time?
California, United States of America
What are the findings of an independent review of the record?
California, United States of America
What is the test for disbursement in a personal injury action?
British Columbia, Canada
Is section 424 of the California Criminal Code applicable to an individual who has committed an act of gross negligence under section 424?
California, United States of America
Does the pendency of a restraining order apply to a motion for a temporary restraining order?
MultiRegion, United States of America
What is the legal test for making a claim for cost of future care?
British Columbia, Canada
What is the test for granting leave for the examination of a second representative of a corporate party?
British Columbia, Canada
What is the test for obtaining records of past complaints of excessive use of force by police officers?
California, United States of America
What is a district judge's duty regarding a magistrate judge's R&R?
MultiRegion, United States of America
What is the relevant case law and case law relevant to this determination?
British Columbia, Canada
Is a defendant entitled to desist from the witness stand?
California, United States of America
In a wrongful dismissal action, is a plaintiff entitled to damages for mental distress?
Ontario, Canada
Is the Respondent a Vexatious Litigant?
Ontario, Canada
What is the current state of the law on damages for breach of contract of sale?
British Columbia, Canada
What is the legal test for undue influence?
British Columbia, Canada
Is a judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?
California, United States of America
What is the legal test for establishing that a contract for a lease is enforceable by stating that the lease will commence at the date of substantial completion of the leased premises?
Ontario, Canada
How have the courts dealt with the issue of who is found to be a trustee or a fiduciary?
Ontario, Canada
Is this insurance coverage case suitable for summary trial?
British Columbia, Canada
What is the test for validity of a third party claim?
Saskatchewan, Canada
What is the test for granting an alibi instruction in a criminal case?
California, United States of America
Can an attorney recover a common fund from the proceeds of a lawsuit?
California, United States of America
In what circumstances have attorney's fees been assessed as assessments of interest under the Civil Rights Act?
MultiRegion, United States of America
What is the meaning of the Fourteenth Amendment 3 "liberty" clause in the Fourth Amendment 3 and what is the scope of the constitutional test?
California, United States of America
What is the test for determining whether a prosecution is for the "same offense" as another prosecution?
California, United States of America
What evidence supports a finding of deliberate indifference in a case where a schoolteacher was found to have failed to take remedial measures to reduce the risk of future harm?
MultiRegion, United States of America
In a personal injury case, can a defendant appeal against the judgment against him in an appeal?
California, United States of America
How does the Court of Appeal review the sufficiency of evidence to support a conviction?
California, United States of America
What is the test for independently determining the legality of a search warrant?
California, United States of America
