Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
Is an order on a statutory attorney fee motion separately appealable as a collateral matter?
California, United States of America
How has the doctrine of triviality been interpreted in motor vehicle accident law?
"New York", United States of America
Can Section 654 of the California Criminal Code bar multiple punishment for separate crimes arising out of a single occurrence?
California, United States of America
What is the test for retroactive and permanent spousal support?
British Columbia, Canada
Does the Attorney General's list contain the names of many organizations?
MultiRegion, United States of America
How have the courts interpreted the terms of the minutes of a settlement agreement where a husband and wife's insurance policies were to be revoked?
Nova Scotia, Canada
Does a prior judgment being considered in a civil proceeding need to be obtained in a criminal proceeding?
California, United States of America
Does a federal court have jurisdiction to instruct a jury in a sexual assault case?
MultiRegion, United States of America
What is the meaning of section 3(1) of the Youth Rights and Freedoms Act?
Saskatchewan, Canada
On what basis can a jury determine whether there is causation between a plaintiff and her competitor in her case?
MultiRegion, United States of America
How has the court treated a gift of jewellery in accordance with Indian custom?
British Columbia, Canada
How have courts reviewed a trial court's ruling on the hearsay nature of evidence in a sexual assault case?
California, United States of America
What is the test for professional misconduct?
British Columbia, Canada
Can a defendant who has pleaded guilty to a charge under section 1237 of the Criminal Code, challenge the sentence on appeal?
California, United States of America
What is the test for determining whether a witness has a bias, interest or other motive in giving testimony?
California, United States of America
How have juries been used in civil cases in common law since 1854?
Nova Scotia, Canada
Does a plaintiff have to pay attorneys fees under the bankruptcy code?
federal, United States of America
What is the impact of the Fast Track Litigation Rule on a defendant's ability to avoid the maximum cost of a motion?
British Columbia, Canada
What is the test for ineffective assistance of trial counsel on appeal?
California, United States of America
What is the test for dismissing a jury in a sexual assault case where a prospective juror said in a voir dire that children never lie about being sexually abused?
California, United States of America
What is the legal test for a change of circumstances application?
British Columbia, Canada
What is the burden of proving an employer discriminated against an employee in the workplace?
California, United States of America
What is the subjective prong of the Eighth Amendment analysis?
MultiRegion, United States of America
What is the test for determining whether a threatened person's fear of violence was reasonable?
California, United States of America
Is noise-induced hearing loss a permanent partial disability award based on the former provisions of the RSCM II, or on the current legislation?
British Columbia, Canada
What factors will the court consider in deciding whether to grant a motion for damages pro se?
MultiRegion, United States of America
Can a defendant be held separately for conspiracy to commit murder and street terrorism?
California, United States of America
What is the test for terminating a parent's right to self-representation in a juvenile dependency proceeding?
California, United States of America
Is a party not bound by a judgment in an action in which he is not a party?
California, United States of America
Can a litigant of limited means pay the quantum or scale of their entitlement to costs?
Ontario, Canada
Can a personal guarantee be enforceable against a party who has mortgaged their home to secure a loan?
British Columbia, Canada
What is the test for a parent seeking to change custody or access to their child?
British Columbia, Canada
What is the burden of proving a medically determinable impairment?
MultiRegion, United States of America
How has section 1202.4 of the California Constitution been interpreted and interpreted by the courts?
California, United States of America
Is unlawful possession of a firearm a continuing crime?
California, United States of America
Is a court order modifying support retroactive to any time period before the filing date of the modification motion?
California, United States of America
Does a bus driver have a right to sue for damages if he or she is injured in a collision?
British Columbia, Canada
What is the test for a pro se plaintiff to amend their complaint?
MultiRegion, United States of America
What is the test for imposing sanctions on discovery abuse?
California, United States of America
What is the test for a plaintiff's claim for damages arising from the abuse of her foster child?
British Columbia, Canada
Is there any case law that supports the argument that there is a logical connection between a ban on in-cell prayer oil possession and preventing illegal drug use?
MultiRegion, United States of America
Is a plaintiff entitled to damages for loss of capacity to earn?
British Columbia, Canada
What is the test for a jury to determine if a defendant has been found guilty of cruel and unusual punishment?
California, United States of America
How have the courts interpreted the plain language of Section 851(a)(2) of the California Criminal Code and what are the implications?
MultiRegion, United States of America
What is the legal test for making a request for admission?
California, United States of America
What is the test the court uses to determine credibility?
British Columbia, Canada
What is the test for making an in-trust award for services provided by a family member?
British Columbia, Canada
What is the test for a finding of insufficient evidence?
California, United States of America
What is the test for applying the death penalty under section 190.4 of the California Penal Code?
California, United States of America
In what circumstances would the Town withdraw its appeal against Telian's claim for possession of the Town's property?
MultiRegion, United States of America
Is a convicted murderer serving a life sentence for second degree murder eligible for resentencing based on two prior robbery convictions?
California, United States of America
In what circumstances will a federal court increase the sentencing range for a convicted felon in possession of a firearm?
MultiRegion, United States of America
What is the Due Process Clause in the Fourteenth Amendment?
MultiRegion, United States of America
How is proof of past income loss estimated under the BCCA?
British Columbia, Canada
What is the test for obtaining a protective order under the Domestic Violence Protection Act?
California, United States of America
What is the test for support for an adult child who is enrolled in full-time education?
Nova Scotia, Canada
What is the test for full victim restitution under section 1202.4 of the California Code of Civil Procedure when a government entity is responsible for repairing or restoring public property damaged by graffiti defaced with graffiti?
California, United States of America
What is the burden of proving reversible error in a motion to challenge a judgment or order of the lower court?
California, United States of America
Does a process server deprive a named defendant of his constitutional due process rights by failing to serve properly, then signing a false affidavit?
California, United States of America
What is the test for apportioning costs between success and failure in a family law case?
Ontario, Canada
Does a plaintiff have to identify the doe defendants in a third amended complaint?
MultiRegion, United States of America
What is the test for abuse of the standard of review in a motion for a new trial?
California, United States of America
When a motorcyclist is stopped by police in a "hot pursuit" vehicle, can the police use the phrase "police pursuit" doctrine?
MultiRegion, United States of America
Is there any evidence that a defendant knowingly waived his right to custody credits under section 4019?
California, United States of America
How have appellate opinions been interpreted in the context of sexual assault cases?
California, United States of America
Does RBC D.ominion S.ecurities have a fiduciary relationship with DS?
British Columbia, Canada
Is a defendant entitled to a jury charge that accurately reflects the applicable law?
MultiRegion, United States of America
How have courts dealt with a pecuniary interest under the Community Charter?
British Columbia, Canada
What factors will be considered in determining entitlement to damages under the head of damage?
British Columbia, Canada
In what circumstances will a judge reverse a finding of a defendant who used the term "victim" during trial?
California, United States of America
Is exclusive occupancy of the matrimonial home a re-apportionment?
British Columbia, Canada
What is the test for determining whether a person committed a sex offence as a result of sexual compulsion or sexual gratification?
California, United States of America
What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree?
California, United States of America
What is the test for determining whether there was an unequal bargaining power between the two parties?
British Columbia, Canada
In the context of the Okanagan test, what is the current state of the law with respect to this element of the test?
Ontario, Canada
Does an execution creditor have any legal or equitable interest in the matrimonial home of the debtor?
Ontario, Canada
Is sarcastic or harsh language sufficient to prove that a presiding member has lost his impartiality?
Canada (Federal), Canada
Does a large class of plaintiffs have to pay attorney's fees to the "prevailing party"?
California, United States of America
What is the burden of establishing an ERISA plan?
California, United States of America
What is the test for a defence of mitigation defence based on the recommendations made by the Court of Appeal?
British Columbia, Canada
What constitutes a "action" under the Clean Air Act?
California, United States of America
Can a failure to comply with the directions of the court result in the dismissal of an action pursuant to Rule 2?
British Columbia, Canada
What authorities have been considered to determine liability in a motor vehicle accident?
British Columbia, Canada
Are there any expenses that were declined by the Arbitrator during the litigation process?
Ontario, Canada
What is the test for using an expert opinion to prove a defendant had the capacity to commit a crime?
California, United States of America
Does the state have an obligation to pay for in-home services under section 12302.2 of the California Health and Social Services Act?
California, United States of America
What factors are considered by an Assessment Officer on an assessment of costs?
Ontario, Canada
Does the Attorney General have any authority or authority to “opting in” in the context of Section 64(1) of the Statutory Review Act?
British Columbia, Canada
Is a claimant required to attend a training course by the Respondent?
Canada (Federal), Canada
What is a "structure" and what is its meaning?
Saskatchewan, Canada
Can a tip from an informant sustain the issuance of a search warrant?
Alberta, Canada
Can a defendant be found guilty of a crime as an aider and abettor?
California, United States of America
What criteria are used to determine whether to approve a settlement?
Ontario, Canada
What constitutes a "chasing order" for interim sole custody of a child?
Ontario, Canada
What is the burden on the government of conducting a search without a warrant?
MultiRegion, United States of America
What is relevant evidence in a personal injury action?
California, United States of America
What is the test for the right to trial by jury?
Ontario, Canada
What is the burden of proving that a charge, levy or assessment is not a tax?
California, United States of America
When will the court allow the jury to consider evidence that may have been influenced by the witness's personal interest in the trial?
California, United States of America
What is the test for giving a jury instruction on an affirmative defense?
California, United States of America
Does section 654 of the Criminal Code require a stay of sentence for a defendant who brandished a shotgun both before and after he brandished it?
California, United States of America
When one agrees to join a conspiracy, does one agree to all acts that have or will be committed by the conspiracy?
MultiRegion, United States of America
What is a prisoner's "serious medical need"?
MultiRegion, United States of America
Is a single physical act sufficient to convict a defendant of two separate crimes?
California, United States of America
What is the test for dismissing a second cause of action?
California, United States of America
What is the test for deliberate indifference to medical care of a prisoner?
MultiRegion, United States of America
What is the legal test for direct aiding and abetting in a murder case?
California, United States of America
Is there a change in the circumstances of a trial by jury?
Ontario, Canada
What are the factors affecting a defendant's sentence?
California, United States of America
What is the test for identification of an alleged criminal?
British Columbia, Canada
If a lay-man is charged with crime, is he entitled to be represented by a lawyer at trial?
MultiRegion, United States of America
What is the test for reversal of a verdict when the jury instruction is factually unsupported?
California, United States of America
Is a complaint "frivolous"?
MultiRegion, United States of America
How have counsel dealt with the division of assets and spousal support in the context of a four way meeting?
British Columbia, Canada
What is the test for determining who gets priority right to pay a debtor in an action?
Newfoundland and Labrador, Canada
Will Smith be denied effective assistance of counsel because his counsel was unprepared for trial?
MultiRegion, United States of America
What is the current state of the law on the principle that there is not a great deal of law on that issue?
Alberta, Canada
Does a pretrial detainee have the same rights as an unincarcerated person?
MultiRegion, United States of America
What is the current state of the law on a motion to suppress evidence?
"New York", United States of America
What is the consequence of a finding that a defendant violated probation for failing to report to probation and failing to submit to drug testing, using drugs, and driving under the influence?
California, United States of America
What is the test for jury selection in a civil case?
California, United States of America
Does the fact that it could not be conclusively proven that defendant deposited his DNA at the time of the crime preclude the jury from considering prosecution experts' opinions on the matter?
California, United States of America
What is the test for determining whether a claim made by the Commissioner for Human Rights is supported by substantial evidence?
MultiRegion, United States of America
What is the standard for dismissing an action in which a plaintiff proceeds in forma pauperis?
MultiRegion, United States of America
What are the benefits of a class proceeding?
British Columbia, Canada
Is there any case law supporting the presumption that a defendant should not be presumed guilty?
California, United States of America
What is the duty of an architect to his client and to estimate costs fairly and reasonably?
Alberta, Canada
What is the standard for determining guilt beyond a reasonable doubt?
MultiRegion, United States of America
What is the test for appointing an opposing attorney in a personal injury case?
California, United States of America
Is there an Eighth Amendment right to be free from wrongfully issued disciplinary reports?
MultiRegion, United States of America
Can the District Attorney bring a civil action against the County Counsel?
California, United States of America
What is the legal test for whether a plaintiff can bring an action in the Superior Court of Justice alleging contamination of land by a neighbouring corporation?
Ontario, Canada
What is the test for certifying an expert to give an opinion in a medical malpractice case?
California, United States of America
What is the reasonableness of a police officer's belief that detaining defendant, even briefly, was necessary to protect their safety?
California, United States of America
What are the elements of count 2. 2 of the California Criminal Code and what are the implications of the elements?
California, United States of America
What is the standard of review for a challenge to a jury verdict?
California, United States of America
How does a subjective standard for provocation negate the elements of premeditation and deliberation?
California, United States of America
In what circumstances will the court award a substantial irrevocable trust for the benefit of the children under s. 15.1 of the Divorce Act?
Alberta, Canada
What is the effect of a plaintiff's failure to join the action of the other party to the action?
California, United States of America
Does a defendant have standing to contest the legality of a search?
MultiRegion, United States of America
Are there any allegations that the government has falsified records in this civil action?
MultiRegion, United States of America
How has the court determined that a defendant waived his Miranda right?
California, United States of America
What are the elements of the "irreducible constitutional minimum" standing test?
MultiRegion, United States of America
What is the current state of the law on the forfeiture of a claim of error at the Court of Appeal?
California, United States of America
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial?
California, United States of America
Can a witness give evidence of evidence of a prior inconsistent statement?
California, United States of America
Is there an obligation upon the corporation or the trustees who hold the land to eventually transfer it over to the inhabitants or to the municipality?
Ontario, Canada
Is it an error for the trial court to not instruct the jury on unanimity?
California, United States of America
What is the test for making amendments to a common law application?
British Columbia, Canada
What is the current state of the law on discretion of the trial court in assessing the probative value of evidence under section 352 of the Evidence Code?
California, United States of America
What is the effect of an ex post facto violation of the formerly applicable sentencing provisions in a sexual assault case?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order?
California, United States of America
What is the condition precedent to a change in custody or access?
Ontario, Canada
What is the test for abuse of discretion?
MultiRegion, United States of America
What are the findings of Lutz J. 8901-02567 in a motor vehicle collision case?
Alberta, Canada
Can a person be found guilty of manslaughter by reason of malice aforethought?
California, United States of America
What is the current state of the law on the right of repair and maintenance of a motor vehicle?
Saskatchewan, Canada
Can a city be held liable under Section 1983 of the Civil Code of Civil Procedure for failing to comply with its own guidelines and regulations?
MultiRegion, United States of America
Does a motion to modify the scope of an inquiry into allegations of mismanagement and abuse of power supplies need to continue?
MultiRegion, United States of America
Can a defendant be imprisoned for failing to pay restitution?
MultiRegion, United States of America
What is the test for a change of circumstances?
British Columbia, Canada
Is there malice to be implied in second degree murder?
California, United States of America
What is the test for determining whether a defendant has been found competent to stand trial with mental health issues?
"New York", United States of America
What is the fiduciary obligation of a partner in a professional services partnership?
Ontario, Canada
How have the courts dealt with an ordinary civil action filed in circumstances where a family member of a deceased plaintiff sued to force the burial of their mother at a different cemetery?
California, United States of America
What is the test for absolute or qualified immunity for executing a search warrant signed by a magistrate?
MultiRegion, United States of America
What are the principles governing the imposition of a civil contempt penalty?
British Columbia, Canada
Is a recording obtained under police supervision admissible under section 633 of the California Penal Code?
California, United States of America
What is the effect of consolidation of writs in three separate actions?
Saskatchewan, Canada
In what circumstances have undercover police agents been found to have spied on students at a state university?
California, United States of America
What are the requirements for establishing that there was a transfer of property?
Canada (Federal), Canada
What is the test for privacy rights under the Fourth Amendment?
MultiRegion, United States of America
What is the test for establishing that a plaintiff has a claim on the balance of probabilities?
Saskatchewan, Canada
What is the current state of the law in the context of police communications?
MultiRegion, United States of America
What is the test for denying a motion for a new trial in a case where damages have been returned for special damages?
California, United States of America
What evidence does the jury need to consider before deciding whether to shoot and kill Flores in the hotel room?
California, United States of America
What is the test for a criminal defendant's right to be personally present at a criminal proceeding?
California, United States of America
What is the burden of proving a motion to quash?
California, United States of America
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA?
Alberta, Canada
What is reasonable notice for the purpose of terminating the employment of a domestic servant?
Ontario, Canada
What is the admissibility of evidence relating to misconduct in a criminal case involving an uncharged burglary?
California, United States of America
What is the test for damages for assault in a long-term relationship?
British Columbia, Canada
When is a creditor's failure to process late filed claims an acceptable reason for denying late claims?
MultiRegion, United States of America
Is a city dispatcher entitled to overtime compensation when the city does not have an appropriation for overtime?
California, United States of America
In what circumstances will a judge grant a Marsden hearing for a motion for a new trial based on incompetent counsel?
California, United States of America
Can an accident benefits insurer retain an expert to advise on a tort action?
Ontario, Canada
What is the appropriate sentence for a defendant convicted of two counts of sexual assault against a minor?
California, United States of America
What is the effect of admitting evidence that abortion is a criminal offence under Mexican law?
California, United States of America
How have the courts in BC dealt with nuisance claims?
Ontario, Canada
What is the test for disqualification of a person for having a personal interest in a curling facility?
Alberta, Canada
What is the test for a challenge to the constitutionality of a statute that prohibits certain types of sexual activity?
MultiRegion, United States of America
Is a person who aids another in committing a crime "equally guilty" of that crime?
California, United States of America
What is the test for making a determination under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
What is the test for cancelling or varying child support?
British Columbia, Canada
What is the test for an amendment to the facts of a criminal charge under the deferential abuse of standard?
California, United States of America
Can a jury overturn a verdict in a civil case brought by a plaintiff against a defendant's counsel for improper jury passion and prejudice?
MultiRegion, United States of America
In a non-jury judge alone sexual assault action, can a plaintiff refuse to answer questions on an examination for discovery?
Ontario, Canada
Can a single act or course of conduct by a defendant lead to convictions for assault with intent to commit rape during the commission of a first degree burglary?
California, United States of America
Is a defendant's right to confront under the confrontation clause not to be violated by the redacted confession of a codefendant?
California, United States of America
