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 test for making a claim against a defendant for excessive damages?
California, United States of America
How have courts dealt with cases where a customer slips on a wet spot?
California, United States of America
What is the current state of the law relating to credibility and reliability of witnesses?
British Columbia, Canada
Is a request for leave to amend a mid-motion to a motion for summary judgment fair?
Ontario, Canada
What is the test for judicial review of a private arbitration award?
California, United States of America
Does a defendant have to obtain a certificate of probable cause to challenge his sentence under section 654 of the California Criminal Code?
California, United States of America
Is a defendant who is indigent at the time of sentencing entitled to restitution even if he is not?
MultiRegion, United States of America
What is the legal authority for invalidating a marriage?
Ontario, Canada
How does the history and background of a statutory provision affect a court's interpretation of the statute?
California, United States of America
Does a court have a sua sponte duty to instruct on defense?
California, United States of America
Can an employer recover damages from an employee for failing to provide a safe workplace?
MultiRegion, United States of America
What constitutes the crime of accessory after the fact?
California, United States of America
Does the Chief Justice of the Court of Appeal have any authority or authority to oppose a contract?
Ontario, Canada
What are the reasons of the Chief Justice's decision that this appeal against the Court of Appeal should be dismissed?
British Columbia, Canada
What are the consequences of a finding of frivolousness in a personal injury case?
MultiRegion, United States of America
What are the consequences of a district court's approval of a class action settlement?
MultiRegion, United States of America
What is the purpose of an award for past loss of opportunity and diminished earning capacity?
British Columbia, Canada
What is the test for a motion to amend or amend a motor vehicle accident claim?
California, United States of America
What is the test for a cause of action for breach of the implied covenant in a non-binding agreement?
California, United States of America
When will a court set a payor’s average income under s. 16 of the Income Tax Code?
British Columbia, Canada
How have courts found liability for failing to provide a handrail on the left side of the stairs?
British Columbia, Canada
What are the merits of an Electronic Device Search Condition?
California, United States of America
What is the effect of the Fourth Amendment on physical entry to the home?
California, United States of America
How have courts dealt with the issue of abuse of discretion?
California, United States of America
What are the circumstances in which a plaintiff in a personal injury case is unable to articulate his claims?
MultiRegion, United States of America
What is the burden of establishing that the registered owner of a property holds his or her interest or a portion of it in trust for another person?
British Columbia, Canada
What is the test for disqualification of an attorney for failing to disclose attorney-client information?
California, United States of America
Does the description of the legal basis of the petition fail to articulate the legal grounds to be advanced?
British Columbia, Canada
What are the implications of the Guidelines de novo for abuse of mental health care?
MultiRegion, United States of America
Can a motion to vacate a judgment be brought on the basis of new grounds raised in the reply to the opposition?
California, United States of America
What is the test for a motion to evict a person who is not a party to the action?
California, United States of America
Is a search warrant valid to search vehicles on the premises?
MultiRegion, United States of America
How have the courts interpreted the argument that solicitor-client privilege is not absolute?
Nova Scotia, Canada
What is the definition of first degree burglary under California Penal Code Sec.460(1)?
MultiRegion, United States of America
What is the standard of review applicable in assessing abuse of discretion?
California, United States of America
What is the standard for determining whether parties intended to injure each other?
federal, United States of America
What is the test for obtaining consent to search a defendant's bags?
California, United States of America
What is the risk of civil liability under section 1230 of the California Civil Code of Civil Rule 1230?
California, United States of America
Can a settlement agreement be enforceable in civil action?
California, United States of America
What is the effect of a decision by the Court of Appeal on a motion for a retrial where new evidence has not been presented?
California, United States of America
Are there any cases where a plaintiff has been successful in a claim that the government deliberately fabricated evidence?
MultiRegion, United States of America
What is the test for a motion to appeal against a finding of not guilty of perverting the course of justice?
"New York", United States of America
Can a defendant succeed on a claim of ineffective assistance of counsel based specifically on counsel's failure to move for severance?
California, United States of America
Is the front porch of a house a "curtilage" of the home for Fourth Amendment purposes?
California, United States of America
What is the standard of appeal on appeal against a finding that a witness was unavailable?
California, United States of America
Can a wife's claim for pecuniary damages be impaired by a divorce granted for misconduct by her husband?
"New York", United States of America
What is the burden of proof against a prosecutor in a sexual assault case?
California, United States of America
What is the test for determining whether a plaintiff has a valid claim to be entitled to sue for damages?
MultiRegion, United States of America
Can a plaintiff in a condemnation action have a right to enter the condemned property?
California, United States of America
When defendant was restrained under the defense table during the trial, in what circumstances would the jury not be able to see the restraints?
California, United States of America
Does a plaintiff have to prove that his action does not violate clearly established law?
MultiRegion, United States of America
What is the test for a motion for a mistrial in a civil case?
British Columbia, Canada
Is the search and seizure of a parolee's electronic records a violation of the Fourth Amendment?
MultiRegion, United States of America
What is the standard for a waiver of a patient's right to be present?
California, United States of America
What is the effect of relitigation of the same facts before a different tribunal?
British Columbia, Canada
What is the test for deciding an appeal based on the record, the opening brief, and any oral argument by the appellant?
California, United States of America
What is the government's response to a motion for dismissal of an indictment for a Rule 5 violation?
MultiRegion, United States of America
Is a husband entitled to stop paying spousal support to his disabled wife?
Ontario, Canada
Does a waiver allowing a defendant to waive his right to a jury trial apply when he entered into the waiver?
California, United States of America
When a transferor makes a transfer of property gratuitously, does the resulting trust doctrine apply?
British Columbia, Canada
Is there any case law concerning the treatment of children who are arrested on suspicion of being illegal aliens but have not yet been determined to be deportable?
MultiRegion, United States of America
What is the test for an abuse of section 946.6?
California, United States of America
Can a criminal defendant who takes the stand in his own trial be impeached with a conviction that had been expunged pursuant to section 1203.4 of the California Code of Civil Procedure?
California, United States of America
Does a prosecutor's improper argument at trial need to be re-examined?
MultiRegion, United States of America
Does a municipality have to register or deposit a plan of survey of a public road?
Alberta, Canada
What is the test for establishing that a new counsel is not required to conduct additional discovery?
MultiRegion, United States of America
How has the US Supreme Court treated the issue of affirmative action in cases involving affirmative action?
MultiRegion, United States of America
What is the burden of proving that a loss is not a fraud?
British Columbia, Canada
What compelling case law exists where a defendant has been ordered to file a lawsuit against a plaintiff in a civil case?
California, United States of America
What is the test for reversal of a jury verdict in a sexual assault case?
California, United States of America
What are the rights of a police officer who is under investigation by his or her employer under Public Safety Ombudsman's (POBRA) section 3303?
California, United States of America
What is the limitation period for an action brought by a plaintiff who alleges that she was sexually harassed by her ex-partner?
California, United States of America
What is the test for a motion for acquittal under section 1118.1 of the Criminal Code?
California, United States of America
What is the difference between a temporary restraining order and a preliminary injunction?
California, United States of America
What is the test for post-conviction relief under section 2255 of the Criminal Code?
MultiRegion, United States of America
What is the test for determining whether a defendant has been successful on the merits of his claim for damages from a prosecutor's comments?
California, United States of America
What is the test for credibility in a summary trial?
British Columbia, Canada
What is the test for determining whether or not to order disclosure of personnel records?
California, United States of America
Does the fact that bankruptcy has intervened in the present case affect our determination that bankruptcy is not a cause of action?
MultiRegion, United States of America
How is relevance and materiality determined in a class proceeding?
Nova Scotia, Canada
What is the test for determining whether the Secretary of State has a burden of burden on a claimant in claiming disability benefits?
MultiRegion, United States of America
What are the costs of a child protection claim against a party who is not acting in the best interests of the child?
British Columbia, Canada
What is the test for a plaintiff's claim that the court violated his constitutional due process and equal protection by imposing excessive fines on him?
California, United States of America
What are the elements of vicarious liability under s. 192(2) of the Highway Traffic Act?
Ontario, Canada
Does a sentence imposed by the Court of Appeal have to be reviewed for "reasonableness"?
MultiRegion, United States of America
In what circumstances will this court grant a motion to obtain a restraining order against the petitioner?
"New York", United States of America
What is a party entitled to attorney fees pursuant to section 1021.5?
California, United States of America
Does a trial court have jurisdiction to continue to issue findings after a notice of appeal has been filed?
California, United States of America
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines?
British Columbia, Canada
How much lost punitive damages can a plaintiff claim in a medical malpractice action?
California, United States of America
Does a defendant have a right to cross-examine the witnesses at trial?
California, United States of America
In what circumstances will a municipality be able to claim damages for nuisance caused by a sewerage leak in a residential area?
Alberta, Canada
What is the test for abuse of discretion when determining whether or not to sustain an objection under section 352 of the Evidence Code?
California, United States of America
What is the test for determining whether there is cause for cause of death in a motor vehicle accident?
MultiRegion, United States of America
How have courts in Nova Scotia dealt with civil cases dealing with sexual assault under the Penal Code?
California, United States of America
What is the consequence of having to pay costs of an appeal from a Master for a rehearing of an Appeal from the Master?
British Columbia, Canada
Is opinion of a specialist given greater weight than that of a medical professional?
MultiRegion, United States of America
Can a party who improperly affixes a seal on a signed document rely on an unaltered copy of the same document later rely on another executed copy?
British Columbia, Canada
What is the current state of the law on disclosure of witness statements?
Canada (Federal), Canada
What is the test for "interrogation" in a criminal case?
California, United States of America
What is the test for establishing that a decedent intended to and did make a gift of stock in question?
"New York", United States of America
What is the common law tort of abuse of process?
California, United States of America
What is the test for a motion to exclude evidence of a prior forgery conviction?
California, United States of America
Can an attorney disclose the identity of an anonymous client?
California, United States of America
What is the test for establishing a new standard of review in determining whether a trust has been properly established?
California, United States of America
What is the test for admitting or denying evidence of an uncharged crime?
California, United States of America
What are the factors used to establish that nighttime and "high crime area" are high crime areas?
California, United States of America
Can an impeached witness testify before a panel of witnesses?
MultiRegion, United States of America
Does the lack of a written policy governing the referral of a case for federal prosecution violate due process?
MultiRegion, United States of America
What is the test for a claim based on lack of capacity to enter into a lease and/or misrepresentation to the prospective tenant?
British Columbia, Canada
What is the appropriate amount of spousal support for a married woman who is unable to work?
Alberta, Canada
What is the test for modification of child support under the abuse standard?
California, United States of America
Does acceptance of a conveyance bar a vendor from suing for damages arising from a breach of a contract for sale?
Ontario, Canada
What are the considerations applied by the courts in determining whether to make an order for occupation rent against a spouse who has failed to pay support?
Ontario, Canada
What is the test for a prison officer to be liable for failing to prevent harm to an inmate?
MultiRegion, United States of America
What is the standard of review of a motion to suppress?
California, United States of America
What is the test for finding a violation of the Alaska Constitution in a civil case?
MultiRegion, United States of America
Is there an uncharged sexual assault committed by Doe 2 on the same date as the assault on the other Doe 1 victim?
California, United States of America
Can a defendant appeal a sentence under Blakely without preserving the issue and obtaining a certificate of probable cause?
California, United States of America
What is the test for establishing jurisdiction in the jurisdiction of a party who has deserted his wife?
Alberta, Canada
What is the impact of rule 45.02?
Ontario, Canada
Is a defendant's failure to object at sentencing to a probation condition waives the claim of error on appeal?
California, United States of America
In what circumstances will the court allow the defense to argue that provocation played a role in the manslaughter instruction?
California, United States of America
What is the test for a motion to discharge a retained attorney?
California, United States of America
What is the test for a motion to vacate a consent judgment?
California, United States of America
What is the test for contributory negligence in "willing passenger" cases?
Nova Scotia, Canada
Is a defendant's claim that excluding the evidence in a civil case would have violated his constitutional rights?
California, United States of America
Does a defendant's failure to object at sentencing to noncompliance with the probation supervision fees of section 1203.1b waives any claim of error on appeal?
California, United States of America
What is the standard of review in a case of aiding and abetting?
California, United States of America
What is the test for an amended complaint in a civil action brought by a plaintiff who alleges that she was deprived of a federal constitutional right?
MultiRegion, United States of America
Is Section 29.1 of the RSTA prohibited for the collection and assessment of tax under the Act?
Ontario, Canada
What is the impact of a motor vehicle accident on the long-term health of a plaintiff?
British Columbia, Canada
What is the effect of a restriction on comment by the trial court on comments by a defendant in a sexual assault case?
California, United States of America
What is the standard of review analysis in the context of statutory review and judicial deference?
British Columbia, Canada
What is the test for reversal of an instruction in a personal injury case?
California, United States of America
Can a shift lease operator be considered an independent?
British Columbia, Canada
What is the range of damages for pain, suffering and loss of amenities?
Alberta, Canada
Is a detention reasonable under the Fourth Amendment?
California, United States of America
Is a violation of section 148(a)(1) of the California Civil Code of Civil Procedure invalidated?
California, United States of America
In what circumstances will a principal of a corporation be found liable for any damages that might have been awarded against the principal of the corporate defendant?
Ontario, Canada
What is the test for proportionality and reasonableness in determining the amount of costs of a tortfeasor's claim?
Ontario, Canada
What are the consequences of refusing to obey a court order?
British Columbia, Canada
In what circumstances will a judge cancel a prior spousal support order?
British Columbia, Canada
Does collateral estoppel prevent a party from relitigating the same cause of action in a subsequent action?
California, United States of America
Can a non-tortious precondition be taken into account in assessing contingencies in a medical malpractice case?
British Columbia, Canada
What is the immediate challenge to a search warrant?
California, United States of America
Does a defendant have to instruct on a lesser charge of attempted murder?
California, United States of America
Is a judge entitled to view the place of evidence?
Newfoundland and Labrador, Canada
What is the test for determining whether a debtor has been declared bankrupt?
British Columbia, Canada
What is the current state of the law on a motion to suppress or suppress the testimony of an informant in a criminal case?
California, United States of America
Does an unmarried person have an interest in the continuation of their relationship with a non-marital partner?
California, United States of America
Does a defendant have a right to raise the issue of improperly admitted evidence on appeal?
California, United States of America
What is the test for determining spousal support under s. 15.2(4) of the Divorce Act?
British Columbia, Canada
Is a tenant entitled to a reduction in the amount owing under the terms of a landlord's contract for failure to provide adequate water and/or heating services?
Saskatchewan, Canada
What is the test for "buse of discretion" in the context of a motion for reduced sentence under Section 3582(c)(2)(B) of the Criminal Code?
MultiRegion, United States of America
What is the test for determining whether a husband is entitled to alimony and child support?
California, United States of America
What are the elements of the entrapment defense?
MultiRegion, United States of America
What is the appropriate compensation for a landlord who is unable to enforce a lease agreement?
Ontario, Canada
What is the test for imputation of income?
Ontario, Canada
When a defendant seeks to relieve his court appointed attorney, does the court have a duty to listen to his reasons?
California, United States of America
What is the limitation on an excessive rent claim?
California, United States of America
What factors are considered in determining whether a party should be entitled to special costs?
British Columbia, Canada
What is the test for presumptive effect on allocation in an indemnity action?
California, United States of America
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident?
California, United States of America
Does section 3003.5(b) of the California Code of Civil Procedure restrict sex offender registration requirements for purposes of the ex post facto clause?
California, United States of America
Is there any case law where the accused was charged with trafficking in a small quantity of cocaine?
Canada (Federal), Canada
What is the impact of a Deputy Commissioner's decision to refuse to transfer an inmate to a rehabilitation plan?
Canada (Federal), Canada
What is the legal test for oral submissions in an appeal?
British Columbia, Canada
Is an indictment for a conspiracy to falsely charge a person with a crime and procure his arrest therefor good?
"New York", United States of America
What is the test for striking a father’s answer in a family law case?
Ontario, Canada
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion?
MultiRegion, United States of America
What is the test for approval of an amended statement of claim?
Ontario, Canada
What is the test for a jury to determine damages?
Nova Scotia, Canada
What is the standard of proof for a request to close a refugee hearing?
Canada (Federal), Canada
What is the test for dismissing a pro se complaint for failure to state a claim?
MultiRegion, United States of America
What is the test for unjust enrichment in a commercial contract?
British Columbia, Canada
Is there a waiver of attorney-client privilege when a defendant fails to make a proper objection at trial?
MultiRegion, United States of America
What is the test for a petition seeking to quash the death penalty under the Anti-Terrorism and Effective Death Penalty Act?
MultiRegion, United States of America
What is the appropriate amount of counsel fees under the new cost grid?
Ontario, Canada
What is the current state of the law on mistaken identity?
California, United States of America
What is the test for a motion to dismiss a charge for a violation of the statutory right to speedy trial?
California, United States of America
What is the test for suppressing or attempting to suppress evidence?
California, United States of America
In what circumstances will a defendant waive his Miranda right?
California, United States of America
What is the test for quantifying the value of a family member’s services in the context of an in-trust claim?
British Columbia, Canada
Can a drunk driver be charged as second degree murder in a motor vehicle accident?
California, United States of America
How have the courts treated jury affidavits in the past?
California, United States of America
What is the test for an ex post facto violation in a civil case?
California, United States of America
What is the test for determining primary residence of a child?
British Columbia, Canada
Does the dismissal of the jury upon the granting of a motion for nonsuit constitute a termination of the action as to all defendants?
California, United States of America
Does the AEDPA statute of limitations have jurisdiction or equitable tolling?
MultiRegion, United States of America
What is the test for establishing an implied easement and the terms to attach?
British Columbia, Canada
What is the standard of review for evaluating the RPD’s Information Analysis and its decision to refuse to accept late material?
Canada (Federal), Canada
What is the test for having the requisite mental state to be considered a mental state?
California, United States of America
What is the test for appealing against a special verdict in a personal injury case?
California, United States of America
What is the test for determining whether a plaintiff has met the onus of proof?
Alberta, Canada
Is there any case law where counsel acted within the professional range of competence in making tactical decisions?
California, United States of America
Can evidence of sexual conduct be admitted to impeach the credibility of the complaining witness?
California, United States of America
What is the test for an appellant to appeal against his conviction for assault?
California, United States of America
What is the effect of a finding of guilty in a Notice of Complaint?
New Brunswick, Canada
Can a person be considered a de facto director of a company?
Canada (Federal), Canada
