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 proof under Section 523(a)(6) of the Criminal Code, and what is the test under the law?
MultiRegion, United States of America
Is a development cost charge payable under section 983 (6) of the Development Cost Charges Act?
British Columbia, Canada
Is a determinate sentence on count 7 stayed under section 654 of the Criminal Code?
California, United States of America
What is the test for an exclusion clause or waiver?
Ontario, Canada
What is the limitation of recovery under a particular liability insurance policy?
Yukon, Canada
Is assumption of risk a defense of contributory negligence?
California, United States of America
Does a re-marriage affect the validity of a final custody order?
Ontario, Canada
What is the test for requiring an accused to explain or contradict?
Saskatchewan, Canada
What are the elements of a special circumstance finding beyond a reasonable doubt?
California, United States of America
What is the test for determining whether a criminal defendant's due process right has been violated?
California, United States of America
What is the test for punitive damages for high-handed, malicious, arbitrary or highly reprehensible misconduct?
Ontario, Canada
Does the jury have any authority to determine the credibility of an expert?
California, United States of America
What is the test for a police officer to approach a person in the street without probable cause for arrest?
California, United States of America
What is the test for disclosing a reasonable cause of action?
Alberta, Canada
What are some of the terms and conditions of contracts that have been alleged to be in dispute?
California, United States of America
What is the test for a plaintiff to bring a second amended complaint against the supermarket?
California, United States of America
What is the test for a plaintiff who seeks to hold a prison official liable for deliberate indifference?
California, United States of America
What is the test for establishing that a plea agreement exists?
MultiRegion, United States of America
What are the relevant statutory references to the Criminal Code and/or the Penal Code?
California, United States of America
What is the test for a petition against a city for failing to comply with the California Civil Code of Civil Procedure?
California, United States of America
What remedies are available to an employee who has been charged with sexual assault?
California, United States of America
Can a defendant be punished for multiple offences under section 654 of the California Criminal Code?
California, United States of America
Can an individual obtain security information from an individual who is not a corporation?
British Columbia, Canada
What is the standard of review for a motion to overturn a finding of not guilty?
Nova Scotia, Canada
When will a judge grant a motion for judgment notwithstanding the verdict?
California, United States of America
What is the effect of dry ice on a driver's defense in a motor vehicle accident case?
MultiRegion, United States of America
Can a juror make a "death threat" during deliberations?
California, United States of America
What is the current state of the law on immunity from liability for actions within the scope of jurisdiction?
MultiRegion, United States of America
Does the owner of a laneway have a right to air space above the laneway?
Ontario, Canada
What is the test for vacating and modifying a sentence in a criminal case?
California, United States of America
What is the test for "exigent circumstances" in the context of police actions?
California, United States of America
What is the state of the law on mutuality of obligation under contract law?
MultiRegion, United States of America
Can an applicant for an interim order for costs under s. 7(4) of the Companies Act, s.7(4), be impecunious?
Nova Scotia, Canada
Does the First Amendment have any relevance to this case?
California, United States of America
What is the federal standard for substantial evidence in a civil case?
California, United States of America
Does false imprisonment constitute a misdemeanor or a felony?
California, United States of America
Does the doctrine of the Landlord's Responsibility doctrine apply in the context of medical malpractice?
California, United States of America
Is it unreasonable for a superior court to refuse to instruct a jury as it deliberated in response to its request?
California, United States of America
What is the duty of a director of a company to be held accountable for their own profits?
Alberta, Canada
What is the test for a motion to amend the pleadings in a personal injury case?
California, United States of America
What are the elements of a lying in wait case?
California, United States of America
Can a probationer be punished for presence, possession, or other actions absent proof of scienter?
California, United States of America
When can plaintiffs seek damages for failure to exercise their options as an alternative to specific performance?
California, United States of America
What is the test for appeal against an order granting attorney fees?
California, United States of America
Does a change in circumstances under s. 9 of the Federal Child Support Guidelines require the applicant to prove that their financial situation has improved since the date of a previous order?
British Columbia, Canada
What is the test to be met when seeking to admit new evidence in a civil case?
Manitoba, Canada
Is there any case law where a step-mother’s income is not in evidence to determine child support payable by the mother?
British Columbia, Canada
What is the burden of proving against an unknown vehicle?
British Columbia, Canada
What is the test for evaluating expert testimony in a medical malpractice case?
California, United States of America
Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder?
California, United States of America
What is the impact of the Supreme Court of Canada’s decision in McClellan L.J. on immigration issues?
British Columbia, Canada
What is the test for staying a sentence under section 654 of the California Criminal Code?
California, United States of America
What is the test for reopening a trial to address an arithmetical error?
British Columbia, Canada
What is the test for a finding of misconduct by failing to object to comments made by a prosecutor to a jury?
California, United States of America
What is the test for setting aside an order of without notice?
Manitoba, Canada
Does the Court have jurisdiction to award attorney fees and costs based on the nature of the services provided and the time involved?
California, United States of America
In what circumstances will a court order joint custody and shared parenting with the parents of a child?
Saskatchewan, Canada
Does evidence code section 1108 reduce the prosecution's burden to prove guilt beyond a reasonable doubt?
California, United States of America
What is the test for admitting prior acts of domestic violence for abuse of discretion?
California, United States of America
What are the elements of intentional infliction of mental suffering?
Manitoba, Canada
How have the courts dealt with in-court identification in a criminal case?
MultiRegion, United States of America
What is the test for proving reasonable possibility that a defect can be cured by amendment?
California, United States of America
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this?
Yukon, Canada
What are the rights of a plaintiff in a civil case?
California, United States of America
What is the burden-shifting and enhanced burden of proof of a fiduciary relationship?
MultiRegion, United States of America
Can an employer dismiss an employee who is romantically involved with a colleague?
California, United States of America
What is the test for a motion for a mistrial in a personal injury case?
California, United States of America
What are the rights of set-off rights of an innocent party?
"New York", United States of America
Is there any case law where a defendant has been convicted of a series of crimes against the public while on parole?
California, United States of America
Does a defendant have the right to complain of prejudicial misconduct against a prosecutor during penalty phase arguments?
California, United States of America
When will a court strike Page 31 of the Criminal Code Amendment?
California, United States of America
Is ignorance of the law a defense in a sexual assault case?
California, United States of America
What is the test for a statute to be held void for uncertainty?
California, United States of America
Is there any case law where a defendant has been denied a motion to change his name?
California, United States of America
What is the burden of showing an unequivocal waiver of immunity from the federal government?
MultiRegion, United States of America
What are the practical requirements for staging a trial in a different jurisdiction?
British Columbia, Canada
How have the courts interpreted the facts in cases involving confessions and subsequent conversations with the police?
California, United States of America
Does plaintiff have a viable claim for denial of access to the courts?
MultiRegion, United States of America
Is prejudicial or damaging to a defense that naturally flows from relevant, highly probative evidence?
California, United States of America
Is a bank negligent in not informing the borrower of the change in prime rate?
Saskatchewan, Canada
How much is a plaintiff’s ability to articulate her experiences in dealing with her injuries and their consequences?
British Columbia, Canada
Does a judge have any authority to hold a new partnership liable for the appeal hint's claim?
Saskatchewan, Canada
What is the impact of the respondent’s position that the adjudicator must consider all the relevant evidence before making a credibility finding?
British Columbia, Canada
What is the test for abuse of discretion when determining spousal and child support?
California, United States of America
What is the impact of a contingent pleading guilty plea in a civil case?
MultiRegion, United States of America
Can a plaintiff sue a private person for beach of Charter rights?
Ontario, Canada
Does a determination of the quantity of narcotics involved in a criminal case have to be determined by the Court of Appeal?
MultiRegion, United States of America
What is the test for determining whether there is a genuine issue requiring a trial based on evidence filed without using Rule 20?
Ontario, Canada
What are the consequences if a defendant is found guilty of a charge of permissibly refusing to comply with police orders to disperse?
"New York", United States of America
What is the test for requesting a supplemental brief in a personal injury case?
California, United States of America
What is the test for contempt of court for failing to transfer a Jetta to a new mortgage holder?
Ontario, Canada
When will a court impute notice and knowledge of the conditions of a deported person's release from prison that they have committed a crime?
MultiRegion, United States of America
What is the effect of a timely notice of appeal against a decision not to grant a suppression motion?
California, United States of America
What statutory references have been made to Section 425.16 of the California Code of Civil Procedure?
California, United States of America
Does the bankruptcy court have subject matter jurisdiction over personal injury tort claims?
MultiRegion, United States of America
In what circumstances will a plaintiff have to prove that a breach of her duty caused the loss of her leg?
British Columbia, Canada
Does the word "happens" in the present tense apply only to accidents in the future?
Alberta, Canada
Can a contract be void for vagueness?
Ontario, Canada
What is the current state of the law when there is no dispute as to the facts in the presentence report?
MultiRegion, United States of America
What is the test of probable cause for possession of a prohibited substance?
California, United States of America
What is the effect of a spouse making a declaration of separation?
British Columbia, Canada
What is the test for a judge to grant voluntary departure?
MultiRegion, United States of America
What is the test for determining whether or not a parent of a child is entitled to contact with the child's non-custodial parent?
Ontario, Canada
Can a court reverse a finding that a plaintiff has been denied a right to sue under a different type of civil procedure?
California, United States of America
Does the evidence need to be sufficient to establish that defendant displayed "harmful matter" to a minor?
California, United States of America
Is a payor required to report changes in income to the recipient periodically or to voluntarily increase child support as a result of the increase?
British Columbia, Canada
Is the fee imposed on a plaintiff in a personal injury action reflected on the abstract of judgment?
California, United States of America
Does a bankruptcy court have in rem jurisdiction over a debtor's property and the disposition of that property?
MultiRegion, United States of America
What is the test for a defendant to argue that his sentence is cruel or unusual because it exceeds his life expectancy?
California, United States of America
What is the test for a motion to dismiss a charge of assault brought by an appellant against two witnesses?
California, United States of America
What is the current state of the law on minimum tax loss?
MultiRegion, United States of America
What is the current state of the law on the review by experts of examination for discovery evidence?
British Columbia, Canada
What is the test for deductible expenses in the context of business tax?
Canada (Federal), Canada
How has the defence of qualified privilege been argued?
British Columbia, Canada
What is the burden of proof for a Minister to make a reassessment outside of the normal reassessment period?
Canada (Federal), Canada
Can a plaintiff bring a claim for damages under the Sixth Amendment?
MultiRegion, United States of America
What is the test for determining loss of capacity?
British Columbia, Canada
Does the term "tiebreaker" diluted the prosecution's burden to prove beyond a reasonable doubt?
California, United States of America
What is the standard of review in the context of a summons issued by the Department of Justice?
MultiRegion, United States of America
What is the burden of proving an independent contractor against an employer?
California, United States of America
What are the elements of extortion in the written instructions of a jury?
California, United States of America
What is the test for a defense counsel to argue to the jury after the final instruction has been given?
California, United States of America
In what circumstances will a defendant be struck from the pleadings of impaired driving?
British Columbia, Canada
What is the test for a motion seeking a preliminary injunction preventing Respondent from giving evidence in his own personal injury trial?
California, United States of America
If a parolee's conditions on a search warrant are as stipulated, would this change the result in this case?
California, United States of America
What are the findings of the Court of Appeal in Ontario regarding the conduct of the Appellant's appointed attorney?
California, United States of America
Does facsimile service constitute personal service?
Ontario, Canada
What is the test for relying on the "takings" clause of the Fifth Amendment?
California, United States of America
What is the test for failing a breath test for an ASD?
British Columbia, Canada
What are the elements of a negligent representation?
British Columbia, Canada
Does the failure to call treating physicians prejudice the outcome of a trial?
California, United States of America
Does the trial court abuse its discretion in sustaining the prosecution's objection to cross-examination questions about "To Catch a Predator"?
California, United States of America
When assignment is assignment for the benefit of creditors?
Ontario, Canada
What are the elements of common law that have never been incorporated into the common law?
British Columbia, Canada
Is there any case law that supports the argument that a trial judge understands and follow established law?
California, United States of America
What is the range of sentences available to appeal against car theft sentences?
Alberta, Canada
Is a plaintiff’s injury when there are multiple causes?
British Columbia, Canada
Can a tip from an informant sustain the issuance of a search warrant?
Alberta, Canada
What is the test for assessing loss of future income earning capacity for a plaintiff?
British Columbia, Canada
Can an attorney excuse a prospective juror because of his gut feeling?
California, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
Is a search conducted by a police officer in a motel room valid when the officer has not yet made an arrest?
MultiRegion, United States of America
What are some cases involving long-term whiplash?
British Columbia, Canada
What is the test for establishing an agency or authority?
MultiRegion, United States of America
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for dismissing a complaint on statute limitations grounds?
MultiRegion, United States of America
What is the test for a search and seizure?
California, United States of America
Does a public employee have a vested contractual right to stay in a civil service position?
California, United States of America
What is the test for retroactive application of section 18 of the California Constitution Amendment?
California, United States of America
What is the effect of restricting defense counsel from commenting on the origin of an exhibit?
California, United States of America
What is the test for determining whether an act of negligence was the proximate cause of an injury?
MultiRegion, United States of America
Is a plaintiff's right to sue for negligently inflicted injuries a fundamental right?
California, United States of America
What procedural safeguards must an inmate who is moved immediately pursuant to s. 12 of CD 710-2-4 be provided with by the Institutional Head or designate?
British Columbia, Canada
When will a court deny an application for a certificate of probable cause?
California, United States of America
In what circumstances will a jury be instructed by counsel that it must reach its verdict without any consideration of punishment?
California, United States of America
What is the impact of a review officer’s assessment of credibility in assessing credibility?
British Columbia, Canada
Does a prosecutor have any authority to order a mistrial?
MultiRegion, United States of America
Is a plaintiff entitled to benefit from any reasonable doubt, or application of the rule of lenity, in the construction of section 602(b) of the California Criminal Code?
California, United States of America
What is the effect of a lien on a contract where the contract is not completed until the return of return work is completed?
Alberta, Canada
What is the test for interpretation of the Human Rights Code?
British Columbia, Canada
Can a search without a warrant be conducted without a search warrant?
Alberta, Canada
Is a murder committed for the benefit of a street gang sufficient to establish that the murder benefitted the gang?
California, United States of America
What is the standard of review of custody and visitation orders at the Court of Appeal?
California, United States of America
What is the constitutionality of a provision in the Public Prosecutions Act allowing an individual to claim a "vested right" in public employment?
California, United States of America
What is the test for reviewing a motion to dismiss for lack of subject matter jurisdiction?
MultiRegion, United States of America
Is there any case law that grants immunity to a foreign official for torture?
Canada (Federal), Canada
What are the elements of resisting a peace officer?
California, United States of America
In what circumstances will a superior court judge be allowed to appeal a demurrer?
California, United States of America
What is the difference between section 11152 and section 11153 of the California Real Property Code?
California, United States of America
Does attorney-client privilege apply to a confidential communication?
MultiRegion, United States of America
What is the difference between elder abuse and misdemeanor abuse?
California, United States of America
What is the test for a stay of execution of an appeal?
Canada (Federal), Canada
Can a party apply for reconsideration of a non-final order?
MultiRegion, United States of America
Is differential treatment sufficient to establish discrimination?
British Columbia, Canada
What is the test for reasonable grounds to detain a person on the street?
Newfoundland and Labrador, Canada
In what circumstances will a plaintiff be liable for failing to look closely at the position of a car before turning in front of the car?
Saskatchewan, Canada
Is a settlement agreement fair, reasonable and adequate?
MultiRegion, United States of America
When a part of a sentence has been stricken on review, on remand for resentencing, is a full resentencing as to all counts?
California, United States of America
What is relevant evidence in a murder trial?
California, United States of America
What is the duty of a left turning driver to ensure the way is clear prior to executing a left turn?
British Columbia, Canada
What is the test for failing to show prejudice in a motion to dismiss?
California, United States of America
What is the general description of a suspect in a criminal case?
MultiRegion, United States of America
Does the US Department of Justice have any role in the legislative history of the Civil Code of Civil Procedure in the context of the issue of discrimination against Native Americans?
California, United States of America
Can a defendant seek the death penalty on a retrial of a case where a jury found that a special circumstance allegation was not true?
California, United States of America
What is the test for a motion to dismiss?
MultiRegion, United States of America
What is the test for a motion to dismiss for lack of personal jurisdiction?
MultiRegion, United States of America
Can a mortgagee who obtains possession of the mortgaged premises defend his possession in ejectment until his mortgage is paid?
"New York", United States of America
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding?
Ontario, Canada
Can a juror be removed from a jury if they fail to follow their instructions?
California, United States of America
What is the burden of proof required for a plaintiff to prove that she has severe mental impairment?
MultiRegion, United States of America
What is the test for a plaintiff to bring a claim in nuisance?
Ontario, Canada
What is the test for premeditation and deliberation in a murder case?
California, United States of America
What is the test for respecting an agreement between the parties regarding custody and access?
Ontario, Canada
Is an order disqualifying defense counsel in a criminal case appealable under the collateral order?
MultiRegion, United States of America
Can a defendant be convicted of as many counts of attempted murder as the number of bullets he fired?
California, United States of America
What is the test for making a claim in a federal civil case?
California, United States of America
Is insufficient evidence sufficient to overturn a conviction based on circumstantial evidence?
California, United States of America
What is the test for obtaining a search warrant in a criminal matter?
California, United States of America
What is the current state of the law in the context of a stay of execution application?
Alberta, Canada
Can Mustafa challenge the government's post-amendment proof of conspiracy?
MultiRegion, United States of America
