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 hardship when determining whether or not to order the return of unpaid child support?
Ontario, Canada
Is a lack of precision in a pleading sufficient to strike the pleading?
British Columbia, Canada
What is the effect of a Peace Bond on a negligent investigation action?
Ontario, Canada
Is striking pleadings and denying trial participation an order of last resort?
Ontario, Canada
When will the court allow a jury to rehear counsel's argument?
California, United States of America
What is the test for liability for failure to warn?
British Columbia, Canada
How has the court determined that the value of a parcel of land has been reduced or diminished in value due to trespass?
British Columbia, Canada
Can a waiver be granted even if defense counsel made no objection and the error occurred with Acquiescence?
California, United States of America
What is the test for a jury to determine whether a defendant has met their burden of proof based only on evidence presented at trial?
California, United States of America
What is the criteria used to determine whether to order a mental health assessment?
Ontario, Canada
What is the scope of a prosecutor's argument in a civil case?
California, United States of America
What is the test for "plain meaning" in the context of the California Civil Code?
California, United States of America
Does a Miranda warning need to be issued under the Tarantino rule?
California, United States of America
When will the Children's Aid Society of Toronto apply for a supervision order?
Ontario, Canada
Does section 11360 of the California Criminal Code apply retroactively to a defendant who was convicted of a charge of transportation of marijuana for sale?
California, United States of America
Is the use of an electronic device to overhear conversation a search under the Fourth Amendment?
MultiRegion, United States of America
Do you need to "prove the precise amount of unreported income"?
MultiRegion, United States of America
Does a client waiver attorney-client privilege?
MultiRegion, United States of America
In summing up, does a lawyer have to be careful not to assume facts not in evidence or invite the jury to speculate as to unsupported inferences?
California, United States of America
Is presentation of letters, medical records and a disability tax certificate a ground of appeal that can be considered under section 58 of the Health and Social Care Act?
Canada (Federal), Canada
Are there any cases where an amended complaint or an amended one?
MultiRegion, United States of America
In a motion for an injunction to prevent the publication of prejudicial news that is prejudicial to the trial of a defendant in a defamation case, does plaintiff have any grounds to oppose the injunction?
California, United States of America
Does Section 459 of the California Code of Criminal Procedure apply to burglary of the inhabited portion of an apartment block?
California, United States of America
What are the considerations of a summary trial?
British Columbia, Canada
Does a plaintiff have to prove that he was not involved in the collision?
British Columbia, Canada
What is the scope of the court's discretion in deciding whether to dismiss the testimony of an informant in an impeachment trial?
California, United States of America
What is the test for finding probable cause for the forfeiture of a property de novo?
MultiRegion, United States of America
What are the elements of a violation of the bank fraud statute?
MultiRegion, United States of America
Is evidence that a defendant has committed crimes other than those charged admissible to show bad character or predisposition to criminality?
California, United States of America
What is the test for determining whether a federal or state court has jurisdiction to hear a motion in the case of Cannon v. C. Cannon?
California, United States of America
Can a defendant withdraw their guilty plea or set aside their conviction under section 851.86 of the California Criminal Code?
California, United States of America
How have courts dealt with adjournments of a trial of a medical malpractice claim?
British Columbia, Canada
What is the test for sustaining a "basic civil right" in a civil case?
MultiRegion, United States of America
What is the test for a plaintiff to establish a violation of the California Human Rights Code?
California, United States of America
What is the test for determining restitution in a civil case where a defendant has been convicted on some criminal charges but has not been sentenced to jail?
California, United States of America
What is the test for a motion to dismiss an indictment based on the interpretation of a federal statute?
MultiRegion, United States of America
What is the current state of the law on inconsistent verdicts?
California, United States of America
What is the test for disclosure of documents in a civil proceeding?
Canada (Federal), Canada
Is a dismissal of a criminal proceeding a "favorable termination"?
MultiRegion, United States of America
What is the test for a disclosure statement?
Manitoba, Canada
What is the effect of a denial of a motion to quash a subpoena?
MultiRegion, United States of America
Can plaintiff prevail on both causes of action in negligence and breach of contract?
"New York", United States of America
What is the test for demonstrating that an action cannot succeed?
Nova Scotia, Canada
What is the test for res judicata?
California, United States of America
What is the test for determining the statute of limitations for a Page 8 action?
MultiRegion, United States of America
Can a defendant be punished for more than one act within the meaning of section 654 of the California Penal Code?
California, United States of America
How have courts interpreted the term "burglary" in the criminal code?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
When will a court refer to a prior pleading to make plaintiff's amended complaint complete?
MultiRegion, United States of America
What evidence is considered in evaluating whether a question posed to a witness before a congressional committee is pertinent to an investigation's inquiry?
MultiRegion, United States of America
Is evidence that a witness is afraid to testify relevant to their credibility?
California, United States of America
What is the test for having jurisdiction to hear a motion?
California, United States of America
What is the case law on natural justice and due process?
Alberta, Canada
What factors will the trial judge take into account in determining that a child is better off living in Calgary than living in Comox?
Alberta, Canada
What is the legal test for contempt of court?
Alberta, Canada
Does the US Federal Trade Commission have the authority to regulate an industry that is subject to heavy federal regulation?
MultiRegion, United States of America
What is the test for an award based on compensatory support?
British Columbia, Canada
Is an employee entitled to workers' compensation for injuries sustained while off duty?
California, United States of America
In a motor vehicle case, is a plaintiff required to obtain a report from a bio mechanical expert to demonstrate that low speed impact collisions can result in injuries?
Alberta, Canada
What is the test for obtaining consent for search and seizure purposes?
California, United States of America
What is the impact of disclosing confidential information to a third party?
Canada (Federal), Canada
Is a court of competent jurisdiction under s.24(1) of the Charter?
Ontario, Canada
Does a suspension or revocation of a person's license continue beyond the initially imposed period?
California, United States of America
What is the meaning of the words "e.g." in the California Civil Code and what is the effect of those words?
California, United States of America
What is the test for subpoenaing privileged personal information of a witness in a civil proceeding?
"New York", United States of America
What is the standard of division of assets at the date of trial?
Alberta, Canada
What is the test for erecting a fence or cutting out a boundary line?
Nova Scotia, Canada
What is the mental state required for proof of attempted murder?
California, United States of America
What are the documents that constitute a record of conviction?
California, United States of America
What is the impact of comments made by a district attorney in a civil case?
California, United States of America
What is the law regarding damages for loss of earning capacity?
British Columbia, Canada
Can a conviction be reversed on appeal for ineffective assistance?
California, United States of America
What are the potential injuries to future defendants if a defendant waives his right to give inconsistent testimony at trial should the plea bargain fail?
MultiRegion, United States of America
What is the test for re-examining the credibility of a witness?
California, United States of America
What are the consequences of a clause in a marriage contract that creates conditions precedent?
Saskatchewan, Canada
What is a judge’s role as an appellate judge to second-guess the weight of evidence?
British Columbia, Canada
What is the legal test for determining which party is successful based on minutes of settlement?
Ontario, Canada
How has the court treated section 186.22, subdivision (b)(1)(1) of the Criminal Code and the additional sentencing provision in Section 186. 22 of the Code of Civil Procedure?
California, United States of America
How have courts in Canada assessed the complexity of personal injury cases?
British Columbia, Canada
What is the test for instructing a trial court on battery on a police officer?
California, United States of America
Does the Federal Constitution or the Eighth Amendment prohibit cruel and unusual punishment?
California, United States of America
What is the test for determining the range of damages in a personal injury action?
MultiRegion, United States of America
What is the test for an affirmative act under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
What is the test for conspiracy to commit a crime?
California, United States of America
What is the test for probable cause under the plain view doctrine?
California, United States of America
What is the test for determining when a statute operates retroactively?
California, United States of America
What is the test for appeal from an order denying a Civil Rule 60 motion?
federal, United States of America
Can a motion for a mistrial be denied for abuse of discretion?
MultiRegion, United States of America
How has the US Supreme Court treated the issue of ex parte communications to a sentencing judge?
MultiRegion, United States of America
What is the test for a valid building scheme?
Alberta, Canada
How have the courts dealt with a defendant's claim that he was improperly coerced into continuing to speak to detectives after he had asked for a break?
California, United States of America
Does a vendor have a legal interest in the crop before it is delivered to the elevator?
Saskatchewan, Canada
What is the test for a defendant who is convicted of one crime arising out of the same act or course of conduct?
California, United States of America
Does a police officer have been found in breach of section 69 of the California Civil Code of Civil Procedure by failing to stop a man from running away from an officer?
California, United States of America
What is the test for proper maintenance and support?
British Columbia, Canada
What is the standard of review on a motion alleging juror misconduct?
California, United States of America
Can a plaintiff escape the adverse costs consequences of an unsuccessful claim?
Ontario, Canada
What is the current state of the law on pre-existing conditions?
British Columbia, Canada
What is the effect of a federal district court order requiring the Secretary of State to produce an evidentiary-type hearing?
MultiRegion, United States of America
What is the duty owed by a public carrier to a passenger?
British Columbia, Canada
When will a motion for attorney fees be heard at the Court of Appeal?
California, United States of America
What is the test for lay opinion testimony in a motor vehicle accident case?
California, United States of America
Is a defendant entitled to be instructed on their theory of defense if it is supported by law and has some foundation in the evidence?
MultiRegion, United States of America
When a trial court has fundamental jurisdiction but fails to act in the manner prescribed, what is the effect of such a ruling?
California, United States of America
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant?
Alberta, Canada
Is a stipulation that admits the elements of a charged crime tantamount to a guilty plea?
California, United States of America
Does the statute of limitations apply to an amended complaint?
California, United States of America
What is the test for a motion for a more definite pleading in a personal injury case?
MultiRegion, United States of America
What is the test for determining the appropriate standard of review for each of the questions before a judge?
Canada (Federal), Canada
What is the test for using the term "unilateral insistence" in the context of a claim under the BCSCSC 8 rule?
British Columbia, Canada
Does a solicitor acting for a party in a settlement negotiation have authority to bind their client to a settlement?
British Columbia, Canada
Is a plaintiff entitled to compensation for loss of capacity to do housework?
British Columbia, Canada
Is evidence of indecent exposure sufficient to impeach the testimony of a witness?
California, United States of America
What is the test for reversal of an award for attorney fees?
California, United States of America
What is the purpose and intent of the BBLA?
Saskatchewan, Canada
Is there a defence to a beneficiary action against the trustee for breach of trust if the beneficiary confirmed or acquiesced in the breach?
Manitoba, Canada
What is the legal test for giving instructions on a lesser included crime?
California, United States of America
Does an action for money had and received lie to recover back money paid for the release of a cattle damage feasant?
Saskatchewan, Canada
What is the burden of continuing support for a spouse who has remarried?
British Columbia, Canada
Does a defendant who is in custody have the right to waive his right to be present at trial?
MultiRegion, United States of America
What is the effect of repetition of criminal convictions on a defendant's criminal history?
MultiRegion, United States of America
What is the applicable legal standard for a claim of prosecutorial misconduct at the penalty phase?
California, United States of America
Does a civil settlement between a plaintiff and her insurer relieve her of her restitution obligation?
California, United States of America
What is the impact of a child’s financial capacity to support a parent?
New Brunswick, Canada
What is the limitation period for obtaining a writ of claim against a defendant?
Saskatchewan, Canada
What is the test for determining whether a defendant's death sentence is disproportionate to his individual culpability and moral guilt?
California, United States of America
Is there any case law in which a pro se attorney is entitled to an award for their fees?
"New York", United States of America
What are mandatory supervision conditions for a convicted criminal?
California, United States of America
What is the test for sufficiency of evidence in a personal injury case?
California, United States of America
What are the elements of a criminal street gang enhancement?
California, United States of America
Can a private party bring an action to enjoin future violations of section 6152 of the California Business and Professions Code?
California, United States of America
What is the test for Section 654 of the California Civil Code for a single act or omission?
California, United States of America
How have the courts dealt with in-court identification in a criminal case?
MultiRegion, United States of America
What is the test for establishing a "traditional easement" in a property?
California, United States of America
What is the burden of proving consent when a search warrant is sought for search and seizure?
California, United States of America
Does a city's negligent maintenance of a water main result in the destruction of a homeowner's home?
California, United States of America
What is the test for a right to confront a witness at a preliminary hearing?
California, United States of America
Can a federal court order the payment of costs and stay a motion by a federal judge?
MultiRegion, United States of America
What is the role of a judge in determining the best interests of a child under the Divorce Act?
Ontario, Canada
What is the test for appeal against a jury verdict in a motor vehicle case?
MultiRegion, United States of America
What are the elements required to establish a claim of negligent misrepresentation?
British Columbia, Canada
What is the tort of intentional infliction of mental distress?
Ontario, Canada
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity?
California, United States of America
What is the test for determining who is a party to a contract?
British Columbia, Canada
Is there a burden of proof at the penalty phase?
California, United States of America
What are the elements of the duress defence?
MultiRegion, United States of America
Can a plaintiff who is ignorant of the identity of a defendant file a complaint before the statute of limitations has expired?
California, United States of America
What is the state of the law in relation to bailiffs in charge of a sequestered jury?
MultiRegion, United States of America
What is the test for determining who is to be held responsible in a motor vehicle collision case?
New Brunswick, Canada
What is the substantial evidence standard of review for assault and domestic violence convictions?
California, United States of America
Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty?
California, United States of America
How has the reasonableness standard of review been applied?
British Columbia, Canada
Can a witness testify as to his prior conversation?
MultiRegion, United States of America
Is a contract enforceable if the terms of the contract are not disclosed in writing?
California, United States of America
Can a fiduciary position holder be required to repay an amount unaccounted for?
Ontario, Canada
What are the obligations of an employer to accommodate a person who has made a request for accommodation?
Ontario, Canada
How have the courts treated a defendant's due process right to appeal against his sentence?
California, United States of America
What is the test for a continuance under section 437c of the California Code of Civil Procedure?
California, United States of America
What is the case law on material change in spousal support?
British Columbia, Canada
What is the test for abuse of abuse of state law?
California, United States of America
Does a consent order need to be interpreted as a contract?
Ontario, Canada
What is the current practice of paying the costs of a party in an abortive trial?
Saskatchewan, Canada
Can a spouse double-dipping on their equalized pension income?
Saskatchewan, Canada
How have the courts dealt with the issue of prosecutorial misconduct?
MultiRegion, United States of America
What is the test for an unincorporated association to be sued under the California Civil Code?
California, United States of America
In what circumstances can a gang member be found guilty of a crime committed together?
California, United States of America
What is the defence of self-defence in a murder case?
Alberta, Canada
What is the test for proving that a party is not a party to a claim of family debt?
British Columbia, Canada
What are the reasons for a Divisional Court of Justice order that was granted to ZOYA Shiller and Grigori Shapiro?
Ontario, Canada
How has section 1001.36 of the California Criminal Code been interpreted by courts?
California, United States of America
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines?
MultiRegion, United States of America
When will a court grant a writ of habeas corpus to challenge a finding of premeditation?
MultiRegion, United States of America
Does a defendant have forfeited the argument that he should have had his conviction stayed pursuant to section 654 of the Criminal Code?
California, United States of America
Is a contempt proceeding, even one involving civil contempt as in the present case, quasi-criminal nature?
British Columbia, Canada
Can a defense attorney who runs for a position in the prosecuting attorney's office for a very specific conflict of interest?
California, United States of America
Can a search warrant be issued for papers, books, records and documents which are "mere evidence"?
"New York", United States of America
How have courts interpreted the theory of imperfect self-defense in a voluntary manslaughter instruction?
California, United States of America
Is there a risk to the community in the context of section 742 of the Criminal Code?
British Columbia, Canada
Is a defendant eligible for relief under Proposition 47 due to his prior conviction for attempted murder?
California, United States of America
What is the exhaustion requirement in federal habeas actions?
MultiRegion, United States of America
Can a police report be used to establish the factual basis of a conviction?
California, United States of America
Does the right to a speedy trial in a civil case apply to the other rights secured by the sixth amendment?
MultiRegion, United States of America
What is the rule of res judicata?
Ontario, Canada
Does the requirement that the government bring suit against the guarantors within a reasonable time after the borrower's default have anything to do with the equitable defenses of estoppel and laches?
MultiRegion, United States of America
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted?
California, United States of America
What is the range of damages available to an arbitrator in a collective agreement dispute?
Ontario, Canada
What is the test for probable cause under the Fourth Amendment to search a defendant's home?
California, United States of America
Are we bound by the factual findings of the California Superior Court?
California, United States of America
What is the test for determining whether a defendant committed the charged crime?
California, United States of America
Is it improper for the prosecution to vouch for the credibility of a government witness?
MultiRegion, United States of America
What is the test for an appellate court to overturn a finding of guilty on the basis of conflicting circumstantial evidence?
MultiRegion, United States of America
Does a right to a hearing apply to a property considered for expropriation?
British Columbia, Canada
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years?
British Columbia, Canada
What is the test for reversal of a finding that a judge made a mistake in making a motion against a defendant in a civil case?
MultiRegion, United States of America
What is the test for a search warrant to search a suitcase, and what is the scope of the search?
MultiRegion, United States of America
How have courts interpreted the term "person" and "personally" in relation to liability?
California, United States of America
What are the legal implications of a voluntary pretrial dismissal of an action?
California, United States of America
If a cause of action is considered as a breach of fiduciary duty, would the same result be reached?
"New York", United States of America
Does section 654 of the California Criminal Code allow only one enhancement to be imposed because the entire incident constituted one course of conduct?
California, United States of America
Does a search warrant need to be executed by telephone or radio?
California, United States of America
