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 duty of a solicitor to warn a client of the consequences of a breach of their contract?
Ontario, Canada
On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case?
California, United States of America
Under what circumstances can a defendant obtain relief from the Court of Appeal?
California, United States of America
How has the US Supreme Court interpreted its statutory presumption of intent to defraud?
California, United States of America
What is the test for admitting evidence of prior criminal convictions to impeach the credibility of any witness?
California, United States of America
Does a district court have jurisdiction to order the custody or enlargement of a habeas petitioner?
MultiRegion, United States of America
Does a subdivision of land absolve or exempt lands otherwise dedicated?
Nova Scotia, Canada
What is the current state of the law on improper identification procedures in medical malpractice cases?
California, United States of America
Does the term "by the lessee" in a Leased Offshore Leased Agreement apply to drilling operations on the lease?
Alberta, Canada
What are the circumstances in which a husband has a constructive trust claim against his wife for the value of the husband's pension accumulated over the pre-marital period?
Ontario, Canada
What is the test for oral evidence in a mortgage application?
British Columbia, Canada
What is the difference between a fair hearing and a criminal prosecution?
California, United States of America
What is qualified immunity for a public official in a civil case?
MultiRegion, United States of America
What is the test for determining whether a defendant is liable for causing a plaintiff’s injury?
British Columbia, Canada
Is a vehicle that is too far away to be seen by a driver when it enters a highway not "approaching on the highway"?
Nova Scotia, Canada
What are the damages for past and future medical expenses awarded against defendant?
California, United States of America
What is the test for the application of section 7 of the Charter of Rights and Freedoms?
Alberta, Canada
What is the substantial evidence test for an aider and abettor of an attempted murder?
California, United States of America
What is the test for determining whether a claimant is disabled in a disability claim?
MultiRegion, United States of America
Can a conversion claim be successful because the simple failure to pay money owed does not constitute conversion?
California, United States of America
Does the Court have jurisdiction to hear an appeal from a final order of the bankruptcy court?
MultiRegion, United States of America
Is a court's decision on discoverability of material in police files reviewable under the abuse standard?
California, United States of America
In what circumstances will a landowner be required to consult a qualified expert on the safety of his trees?
British Columbia, Canada
What is the test for a specific offense in the context of making threats to kill, discharge, display, or possession of a firearm or dangerous weapon?
MultiRegion, United States of America
Does a mortgagor have standing to assert a declaratory judgment claim?
MultiRegion, United States of America
What is an undertaking and what is the liability of a "police officer" in an action brought against a defendant?
California, United States of America
Is a police officer's conduct in ordering a passenger out of a car without license plates reasonable?
California, United States of America
Does Section 654 of the California Criminal Code bar multiple punishment for convictions based on a single physical act of possessing a firearm?
California, United States of America
Can an informant be motivated to inform on a defendant by a promise of leniency?
California, United States of America
What is the difference between a parent's right to be free from state intrusion into their relationship?
Ontario, Canada
How has Section 602 of the Miranda Act been interpreted in the context of allegations of sexual assault against a minor?
California, United States of America
What is the difference between a claim of fraudulent inducement and a conspiracy to commit fraud?
MultiRegion, United States of America
Can a plaintiff succeed on a conspiracy claim?
Ontario, Canada
What is the test for an anti-SLAPP motion?
California, United States of America
What is the terminal date of eligibility for retroactive relief in a personal injury action?
California, United States of America
How can a court find that Newton's prior convictions are not subject to section 654 of the Criminal Code?
California, United States of America
Can an investment be used in an investment clause?
Alberta, Canada
What is the test for summary trial?
British Columbia, Canada
Is there any case law supporting a finding of multiple criminal objectives independent of each other?
California, United States of America
What is the test for making a claim under Section 1983 of the Eighth Amendment against inadequate medical care?
MultiRegion, United States of America
What is the test for leniency in sentencing under section 1170.126(e) of the California Criminal Code?
California, United States of America
What is the test for imperfect self-defense instruction?
California, United States of America
What are the elements of a claim under CERCLA?
California, United States of America
Does the Attorney General have any authority to grant a petition against the President of the State of California seeking an order of show cause?
California, United States of America
What is the test for a motion to extend time to amend plaintiff's pleading?
California, United States of America
What is the test for section 186.22(b)(1) of the California Criminal Code when it comes to gang related crimes?
California, United States of America
What is the test for admitting evidence of uncharged misconduct in a sexual assault case?
California, United States of America
What is the relevant case law regarding a defendant's propensity to commit domestic violence?
California, United States of America
What is the burden of proving that there is insufficient corroborating evidence to support the permissive inference of CALCRIM No. 376?
California, United States of America
What is the test for timely exercise of Rule 7-6?
British Columbia, Canada
What is the test for establishing that an appealed judgment is presumed correct?
California, United States of America
Is a statement containing all facts necessary to support an opinion?
British Columbia, Canada
What is the test for co-principal liability in a murder case?
Canada (Federal), Canada
What is the test for arbitration in a personal injury matter?
California, United States of America
Is hearsay evidence presumptively inadmissible?
Nova Scotia, Canada
Is a plaintiff entitled to aggravated damages for defamation and assault?
Ontario, Canada
What is the test for a judge to grant probation in a criminal case?
California, United States of America
What is the burden of purposeful discrimination against a plaintiff who was denied access to a jury?
California, United States of America
Does a garnishee have an attachable debt?
Saskatchewan, Canada
What is the effect of section F of the California Motor Vehicle Code requiring a stay of arbitration until a workers' compensation claim is resolved?
California, United States of America
What is the test for knowing assistance of a fraudulent trust?
Alberta, Canada
Is the jury properly instructed in accordance with section 25, subdivision (b) of the California Criminal Code?
California, United States of America
What is the test for substantial evidence in a civil case?
California, United States of America
How have courts interpreted "reasonable belief" in the California Penal Code?
California, United States of America
What is the test for establishing a reasonable doubt?
California, United States of America
Is pure economic loss distinguishable from the kind of claim contemplated by s. 3(2)(a)?
British Columbia, Canada
What is the impact of legislation that changes the definition of a person's mental state when they are in their mid-20s?
MultiRegion, United States of America
What is the scope and purpose of a section 21 appeal?
Canada (Federal), Canada
What is the test for a finding of fiduciary malpractice against a trust?
California, United States of America
What is the test for determining the character of a person’s actions?
Alberta, Canada
Is a defendant entitled to appeal his sentence?
California, United States of America
In what circumstances will a jury consider an inflammatory address made by the then-President of the United States during the course of a trial?
British Columbia, Canada
What is the role of the Court of Appeal in reviewing the sufficiency of the evidence?
California, United States of America
What is the test for functionality of a two door hatchback?
British Columbia, Canada
Does section 12022.53, subdivision (e)(1) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury?
California, United States of America
Can a jury still convict a defendant of assault with a deadly weapon for assault with intent?
California, United States of America
How have the courts dealt with a notice of appeal from the order denying relief under section 1170.126?
California, United States of America
What is the burden of proving a prima facie case?
"New York", United States of America
What is the legal test for a lesser included crime?
California, United States of America
Can an evidentiary hearing be used to resolve a dispute over the prison mailbox rule?
California, United States of America
Does the lost opportunity principle apply to assessment officers in B.C?
British Columbia, Canada
Does section 1170.126 and its incorporation by reference of serious or violent felonies "punishable by life imprisonment" apply to section 288.7 of the Penal Code?
California, United States of America
What is the test for making contact with a person in the driveway of plaintiff's residence?
California, United States of America
What is a trustee's duty of utmost good faith and loyalty to beneficiaries of a trust?
British Columbia, Canada
What is the test for a juror's ability to perform their duty?
California, United States of America
Can a defendant seek a new trial based on insufficiency of the evidence to support the verdict?
California, United States of America
Does a Respondent have accepted the jurisdiction of the Court as a result of the Respondent's failure to attend the hearing?
British Columbia, Canada
What is the test for judicial discretion in marriage cases?
California, United States of America
Is child support a right belonging to the child and cannot be waived by the parent?
British Columbia, Canada
Does plaintiffs' brief on litigation privilege in a non-foreclosure action need to be reviewed more closely than it needs to be?
California, United States of America
Is there an abuse of discretion to grant a motion for judgment on the pleadings without leave to amend?
California, United States of America
What is the test for whether a flyer promotes hatred?
Ontario, Canada
Does Rule 45.02 refer to a specific fund?
Ontario, Canada
What is the test for appealing an administrative finding in a civil case?
California, United States of America
Can a co-defendant become an involuntary witness for the purposes of section 1099 of the Penal Code?
California, United States of America
Is a spouse entitled to an in trust award for services provided by her husband to her husband in the absence of a paid spouse?
British Columbia, Canada
What is the legal test for error in judgment?
Ontario, Canada
What is the test for a plaintiff's claim that he was deprived of his constitutional right to testify?
MultiRegion, United States of America
What is the test for opposing a stay of execution?
Nova Scotia, Canada
How has the court interpreted a decision of privilege in an application for leave to appeal?
British Columbia, Canada
What is the test for a material change in custody?
Manitoba, Canada
What is the right of a property owner to withhold the proceeds of an interlocutory judgment?
California, United States of America
How have courts dealt with requests for personal information of a plaintiff in a precertification wage and hour class action?
California, United States of America
Is the loss of a trial date, prolonging litigation, and associated difficulties and hardships that may be suffered by one or more of the parties suffer not factors that constitute “prejudice” in considering whether to grant the amendments?
British Columbia, Canada
What is the test for a certificate of appeal against a denial of a writ of habeas corpus?
MultiRegion, United States of America
What are some cases where a constitutional remedy under s. 24(1) was granted?
British Columbia, Canada
What is the elements test for a lesser form of a greater crime?
California, United States of America
What factors will be considered by the BCSC in assessing credibility and reliability?
British Columbia, Canada
Does the exclusionary rule at trial and on appeal apply to search and seizure claims of state prisoners?
MultiRegion, United States of America
Can a prosecutor respond in rebuttal to defense counsel's arguments in closing?
California, United States of America
Is it reasonable for a Minister to conclude that a taxpayer has health problems but is still able to operate a business?
Canada (Federal), Canada
What is the test for cross examination in a personal injury case?
Ontario, Canada
What are the purposes of a patent for a combination of two elements?
MultiRegion, United States of America
How have the courts treated the issue of sexual abuse in the context of section 2189 of the New York State Criminal Code?
"New York", United States of America
What is the fundamental nature of the provisions of the 90 day prohibition under the BC SPCA?
British Columbia, Canada
Does a prosecutor who makes a closing argument that a defendant's previous drug-related felony convictions would assist the jury in determining credibility?
California, United States of America
Is a federal court's order denying intervention reviewed for abuse of discretion?
MultiRegion, United States of America
What is the range of concurrent sentences available to the trial court for the murder and the firearm enhancement of the crime?
California, United States of America
Does the court err in giving instructions to codefendants where one codefendant testified in his own behalf, denied guilt, and incriminated himself?
California, United States of America
Is a defendant's contention that the prosecutor's remarks were not so inflammatory as to divert the jury's attention or invite an irrational response?
California, United States of America
What is the test for setting aside an award at an arbitration?
British Columbia, Canada
Does the Court have any obligation to provide notice of release from custody of an individual who has been released from custody during forfeiture proceedings?
MultiRegion, United States of America
What is the test for vexatious conduct of legal proceedings?
Ontario, Canada
What is the test for a claim of physical duress?
British Columbia, Canada
What is the test for finding negligence in a personal injury case?
Saskatchewan, Canada
Is the evidence of medical malpractice prejudicial?
MultiRegion, United States of America
What is the test for a finding of unlawful killing as first degree murder?
California, United States of America
What is the standard of review applicable to the respondent under the CCRA?
British Columbia, Canada
Does a federal district court's decision not to admit evidence under Rule 403 balancing inquiry constitute plain error?
MultiRegion, United States of America
What is the test for parties to litigation?
Ontario, Canada
What is the test for exclusion of dog tracking evidence in a criminal case?
California, United States of America
What is the legal test for admitting hearsay evidence in a summary trial case?
British Columbia, Canada
What is the test for an in trust claim?
British Columbia, Canada
How can a warrant be used to arrest a person?
Saskatchewan, Canada
Does section 12022.7 of the California Code of Civil Procedure compel a different result?
California, United States of America
What is the relevant case law on child support?
British Columbia, Canada
Is there any evidence of involuntary manslaughter sufficient to compel a jury to convict a defendant of a lesser included crime?
California, United States of America
Can a municipality have known of the disrepair of a sign?
Canada (Federal), Canada
Is there any case law supporting a life sentence for a convicted rapist?
MultiRegion, United States of America
What is the test for establishing an aboriginal right under Section 35 of the Constitution?
British Columbia, Canada
Is a laundry basket pushing a laundry carrier a contributory factor in disc herniation?
Ontario, Canada
Is a consent order or judgment a contract between the parties?
Ontario, Canada
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
What is the test for loss of income earning capacity in a plaintiff's claim?
British Columbia, Canada
What is the effect of section 327(1) of the Criminal Code on the meaning of the words "or elsewhere" in the definition of a subscription programming signal?
British Columbia, Canada
On the basis of the full resentencing rule, can a defendant appeal against his full sentence?
California, United States of America
What material decisions have been made in the history of the Lax Kw’alaams Indian Band appeal?
British Columbia, Canada
What is the test for proximate causation in medical malpractice cases?
MultiRegion, United States of America
What is the test for admitting challenged evidence in a civil case?
California, United States of America
Is battery a crime punishable as a felony or a misdemeanor?
California, United States of America
Can police officers who have made statements in internal affairs have any Fifth Amendment privilege?
MultiRegion, United States of America
Is a vehicle owner liable under former section 402 if a sub-permittee was operating the vehicle at the time of the accident?
California, United States of America
Can a defendant be instructed on a lesser related charge of accessory to a crime where the prosecution objected to the instruction?
California, United States of America
What is the test for a motion to exclude a defendant from a portion of his trial?
California, United States of America
What is the test for using a capital asset approach?
British Columbia, Canada
What is the test for signing an opinion in a personal injury case?
California, United States of America
Is a member of the public entitled to request and obtain copies of a society’s financial statements?
British Columbia, Canada
What is the test for a late anti-SLAPP motion?
California, United States of America
Is it in the best interest of the children to remain in New Glasgow?
Nova Scotia, Canada
What are the fiduciary duties of a trustee in a personal injury case?
British Columbia, Canada
What is the obligation of a claimant to establish that all or part of the sums received as a result of his employment from employment were not earnings?
Canada (Federal), Canada
Can a flashing green light be considered as a factor in assessing the potential liability of a dominant driver?
British Columbia, Canada
Can a vehicle be seized without a warrant?
MultiRegion, United States of America
What is the substantial evidence required for a defendant to be convicted under Section 654 of the California Criminal Code?
California, United States of America
Does a news reporter have a constitutional right to access the scene of crime or disaster where the general public is excluded?
MultiRegion, United States of America
Can a slight misstatement by a prosecutor be rendered harmless by the court's proper instruction to the jury?
California, United States of America
What is the effect of a decision denying outpatient status for abuse of mental health?
California, United States of America
What are the policy implications of allowing the police to conduct warrantless surveillance?
British Columbia, Canada
Is a defendant prejudiced by a prosecutor's misstatement of evidence?
California, United States of America
What is the current state of the law in Ontario when a wobbler is convicted of a misdemeanour?
California, United States of America
In what circumstances will a court imputed a higher income due to the fact that expenses which had been deducted from the income statement were not deducted?
Ontario, Canada
Can a motion for a new trial grounded on jury misconduct be presented by affidavit?
California, United States of America
What is the sufficiency of evidence to support a criminal conviction under the substantial evidence standard?
California, United States of America
How have courts treated defense counsel's questions in a trial on Voir dire?
California, United States of America
What is the test for establishing intent in a criminal case when a defendant has committed an uncharged act of violence against another defendant?
California, United States of America
What is the effect of the presumption of undue influence on a jury?
British Columbia, Canada
Can a defendant create prejudice by failing to conduct a thorough investigation of liability after the accident?
Ontario, Canada
What is sufficient evidence to sustain a finding of premeditation and deliberation in a murder trial?
MultiRegion, United States of America
What is the test for an inmate to appeal against his sentence?
MultiRegion, United States of America
Can a defendant's statements to psychiatrists and psychologists be used as evidence in the prosecution's case-in-chief?
California, United States of America
Is a jury allowed to retire to consider their verdict?
California, United States of America
Can a plaintiff bring a design defect claim against the designer or manufacturer?
MultiRegion, United States of America
What is the test for using a third party attorney in a medical malpractice case?
California, United States of America
What is the test for disclosing expert’s reports prior to trial?
British Columbia, Canada
What is the current state of the law on a grand jury subpoena?
MultiRegion, United States of America
Is a plaintiff entitled to a judgment for attorney fees if they have disclaimed their interest in the lease?
California, United States of America
Is there cause for failure to raise the issue on appeal?
MultiRegion, United States of America
What form does a notice and request for action need to take?
British Columbia, Canada
Can an implied term be implied into an agreement?
British Columbia, Canada
What is the role of the mother in establishing a relationship with the child's primary caregiver?
New Brunswick, Canada
What is the test for the presumption of advancement between a father and his dependent child?
Ontario, Canada
What is proposed common issue (d) under the Corporations Tax Act?
Ontario, Canada
Can an extension of time to file a notice of appeal under s. 84(1) of the Assessment Guidelines be extended?
Nova Scotia, Canada
What is the legal test for preparing for a crime?
"New York", United States of America
What is our standard of conduct in this case?
MultiRegion, United States of America
Is section 3212.5 of the California Code of Civil Procedure applied in pension proceedings before the California Pension Board?
California, United States of America
What is the test for obtaining an order to wiretap a telephone call from a federal judge?
MultiRegion, United States of America
In what circumstances will a jury find premeditation and deliberation beyond a reasonable doubt?
California, United States of America
Does a defendant have a constitutional right to present irrelevant evidence in the defence?
California, United States of America
What is the test for a judge to find that a jury can be found to have found a jury in a conflicting case?
Ontario, Canada
