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.
Can a pension trust be terminated?
Ontario, Canada
Can a contract be frustrated when an employee suffers a permanent disability preventing him from working?
Newfoundland and Labrador, Canada
What is the appropriate standard of review?
Canada (Federal), Canada
What is the test for personal jurisdiction in a motor vehicle accident?
MultiRegion, United States of America
Can substantial evidence support an inference of negligence?
British Columbia, Canada
What is the test for multiple punishments under section 654 of the California Criminal Code?
California, United States of America
Does the distinction between fraud and duress apply?
"New York", United States of America
Is a finding of a party to be under disability a prerequisite for triggering the appointment of a litigation guardian?
Ontario, Canada
Can a defendant's confrontation right be violated by admitting the testimony of an unavailable witness at a preliminary hearing?
California, United States of America
What is the test for a pro se plaintiff to bring a motion to dismiss or amend the complaint?
MultiRegion, United States of America
Does the fact that the alleged fraud may have resulted from conspiracy or intrinsic to extrinsic fraud change the definition of conspiracy to commit an act of fraud?
California, United States of America
How does the automatic stay under the bankruptcy code apply in this case?
MultiRegion, United States of America
Does a killing committed by a robber during his or her flight from the scene of the crime, and before reaching a place of temporary safety, come within section 189.3 of the California Criminal Code?
California, United States of America
What is the test for determining whether a firearm was present at the scene of a crime but not present?
MultiRegion, United States of America
Is retroactive child support retroactive when the mother absconded with her children while on holiday in Egypt?
British Columbia, Canada
Can a previously pardoned crime be used to determine whether a defendant is a recidivist?
California, United States of America
Does a tenant have jurisdiction to claim damages to the premises after the tenant vacates the premises?
Ontario, Canada
Is an independent claims adjuster of a self-insured employer subject to civil action?
California, United States of America
What is the effect on parenting time between the respondent and the respondent?
British Columbia, Canada
What are the purposes of s. 27(1)(d)(ii) of the BC Human Rights Code?
British Columbia, Canada
What is the test for a jury to determine whether or not they found appellant guilty as an aider and abettor of an assault?
California, United States of America
What is the test for the absence of negligence of a defendant in a civil case?
MultiRegion, United States of America
In what circumstances will a police officer have probable cause to search a footlocker and two suitcases?
MultiRegion, United States of America
What is the test for determining whether an employee would have accepted an offer to return to work for him or her?
British Columbia, Canada
What is sufficient to convict a defendant of knowing participation in an established conspiracy?
MultiRegion, United States of America
Does a Charter County Review Board have subpoena power?
California, United States of America
What factors will the court consider in determining whether to order a passing of accounts in the absence of an attorney?
Ontario, Canada
Is it speculative to assume that failure to present witnesses to a motion was because they would give testimony favorable to plaintiff?
California, United States of America
When a defendant is charged with attempted murder, can they be found guilty of physical impossibility?
California, United States of America
What is the test for a plaintiff to bring a conspiracy claim under Section 1983 of the California Civil Code?
MultiRegion, United States of America
Are transcripts of a grand jury hearing relevant to impeach witnesses at trial?
MultiRegion, United States of America
How have the courts resolved the issue of reliance and misrepresentation of material facts?
California, United States of America
Is a buyer entitled to a trial on the basis that the seller's conduct caused the failure of a conditional purchase agreement?
MultiRegion, United States of America
What is the test for the right to a jury trial?
California, United States of America
How does the "plain meaning" rule apply?
California, United States of America
What is the test for a stay of proceedings in a motion to extradite an alleged terrorist?
British Columbia, Canada
How have the courts dealt with the issue of traditional marriage in the context of maintenance and/or traditional marriage?
Saskatchewan, Canada
What is the effect of the judgment against defendant in his personal injury case?
California, United States of America
In what circumstances have courts considered the simplified procedure under Rule 3360 of the Small Claims Act?
Ontario, Canada
What is the test for temporary spousal support under s. 33(8) and (9) of the Spousal Support Guidelines?
Ontario, Canada
What is the test for suing for specific performance of a contract?
British Columbia, Canada
Can a jury reasonably deduce from the evidence?
California, United States of America
Can allegations that have no reasonable prospect of success form part of a series of incidents?
Ontario, Canada
Does a jury have a sua sponte duty to instruct on voluntary manslaughter, involuntary manslaughter, and simple assault as lesser included offenses to murder?
California, United States of America
What is the test to assess credibility of witnesses?
British Columbia, Canada
In what circumstances will the state be found liable for misrepresentation by the state?
California, United States of America
What is the test for section 654 of the California Criminal Code for possessing and transporting methamphetamine and marijuana?
California, United States of America
What is the standard of review for a request for a jury view?
California, United States of America
How have courts interpreted the phrase "engaged in the course of the performance of his or her duties" in a peace officer-murder case?
California, United States of America
What is the test for an application to extend time on an appeal?
British Columbia, Canada
What is the impact of the nature of a disability claim on specificity?
British Columbia, Canada
What is the test for a judge to grant probation?
California, United States of America
What is the general nature of a listing agreement?
British Columbia, Canada
What is the test for a plaintiff to establish a violation of the right of access to court?
MultiRegion, United States of America
What is the test for being a felon in possession of a firearm?
California, United States of America
What is the test for establishing causation in a civil rights case?
MultiRegion, United States of America
Does a jury have to consider the fact that appellant refused to testify in a civil case?
California, United States of America
What is the test for determining whether a jury can reasonably have reached a verdict in a personal injury case?
British Columbia, Canada
Can a defendant be held liable under aiding and abetting principles for an intentional tort committed by another person?
California, United States of America
Is contributory negligence a factor in determining whether a plaintiff has been injured in a motor vehicle accident?
"New York", United States of America
What is the test for determining whether a defendant has been found guilty beyond a reasonable doubt?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
Does a defendant have to prove that the intended victims were not present at the time of an attempted burglary?
California, United States of America
What is the test for punitive damages in a case brought by the Church of Scientology?
Ontario, Canada
Does Section 654, subdivision (a) of the California Code of Civil Procedure apply to punish a defendant who has committed multiple offences against the same person at the same time?
California, United States of America
Is a prosecutor's rebuttal argument for self-defense reasonable?
California, United States of America
What is the test for a plaintiff who claims that an employer discriminated against him because of his race by not selecting him for a position?
MultiRegion, United States of America
What is the likelihood of a child disclosing their abuse to their parents?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
When will a court order a company to stay proceedings against O'Leary in the absence of any other party to question the validity of the instructions?
Saskatchewan, Canada
What is the test for insufficiency of evidence in a civil case?
MultiRegion, United States of America
What is the current state of the law on loss of consortium for unmarried cohabitants?
California, United States of America
What is the legal test for withdrawing an admission of fact?
British Columbia, Canada
What is the test for interrogatories?
British Columbia, Canada
What is the test for dismissing an application for delay?
Ontario, Canada
What are the implications of the religion clause in the First Amendment?
California, United States of America
Does a pro se litigant have the authority to amend his or her complaint?
MultiRegion, United States of America
Can self-represented lay litigants be awarded costs in a personal injury case?
Manitoba, Canada
Is a tavernkeeper liable if an intoxicated customer injures himself or another?
California, United States of America
When will a defendant appeal against his conviction for assault on the grounds that his prior conviction was involuntary and coerced?
California, United States of America
In what circumstances has a defendant been convicted of robbery and kidnapping on the theory that he advised and encouraged the crime?
California, United States of America
What are some cases dealing with the exhaustion of state remedies under the Civil Rights Act?
MultiRegion, United States of America
What is the test required by the California Supreme Court to convict a defendant of a prior felony conviction?
California, United States of America
What is the test for finding nuisance in a residential property?
British Columbia, Canada
How have courts interpreted the "small facilities" exemption?
California, United States of America
What is the right of action against a party wrongfully procuring the appointment of a receiver?
California, United States of America
What is the test for failing to exhaust an affirmative defense in a civil case?
MultiRegion, United States of America
Is there any case law where a rational jury would have found appellant guilty regardless of the errors on appeal?
California, United States of America
What is the test for a particular governmental invasion of personal security of a defendant's personal security?
California, United States of America
What is the test for a motion for summary judgment in a sexual assault case?
Ontario, Canada
In what circumstances will a party suing for breach of contract have to shew that he was ready to perform his part on the day?
British Columbia, Canada
What is the test for a motion to set aside an order of forfeiture?
California, United States of America
Does a defendant have a right to an alibi defense when he is accused of committing a burglary?
California, United States of America
Is patent unreasonableness the standard of review for findings of fact or law or exercise of discretion under the Administrative Tribunals Act?
British Columbia, Canada
What is the test for apportioning of liability between two parties in a motor vehicle accident?
British Columbia, Canada
Does the doctrine of assumption of risk apply if a rule violation is within the athlete's expectation?
California, United States of America
When will a rule pertaining to the conduct of an entity's employees apply in the premises liability context?
California, United States of America
What is the test for determining whether a jury has been misled to consider statements made by a witness in a shooting incident?
California, United States of America
On a motion for interim support, does the court undertake an in-depth analysis of the parties’ circumstances which are better left to trial?
Ontario, Canada
Is the Respondent entitled to spousal support?
Prince Edward Island, Canada
What are the general damages in defamation cases?
Ontario, Canada
What is the test for a motion to dismiss a criminal charge of false imprisonment under the Fifth Amendment?
MultiRegion, United States of America
What is the test for admissibility of a confession in a criminal case?
California, United States of America
In what circumstances will a court overturn a conviction of first degree murder based on a hallucination?
California, United States of America
If a witness has been struck off by the court, what is the standard applicable to whether the witness is legally unavailable?
California, United States of America
Is there a statute of limitations for an action brought by a stockholder seeking damages for mismanagement of a corporation?
California, United States of America
What is the standard of review applied to a failure by the trial court to instruct on a lesser included offense?
California, United States of America
Is undue influence sufficient to establish that there is no force or coercion to establish undue influence?
British Columbia, Canada
Does a brief and vague reference to a gang constitute a due process violation?
MultiRegion, United States of America
What are the instructions to a jury in a sexual assault case?
MultiRegion, United States of America
Is the testimony of an accomplice sufficient to convict a defendant?
California, United States of America
What is the test for determining whether an at-large election system was adopted with a discriminatory purpose?
MultiRegion, United States of America
What is the test for imputing income on behalf of a child with special educational needs?
Ontario, Canada
Does the testimony of a single witness undermine the credibility of the witnesses?
MultiRegion, United States of America
In what circumstances will security be granted in an appeal?
British Columbia, Canada
Is there any case law where a jury was instructed to only consider threat evidence for the purpose of assessing witness credibility?
California, United States of America
What is the test for reweighing evidence in the context of the Fourth Amendment?
California, United States of America
What is the standard of review for a motion to suppress?
California, United States of America
What is the test to determine whether a member of a class can opt out of Rule 23?
MultiRegion, United States of America
What is the test for an award for abusive conduct in a personal injury case?
Ontario, Canada
How have courts interpreted the California Three Strikes Law?
MultiRegion, United States of America
What is the test for appeal against juvenile delinquency for possession of cocaine with intent to distribute?
MultiRegion, United States of America
How has the court treated a dispute between a husband and wife over the ownership of a dog?
Newfoundland and Labrador, Canada
Is the filing of the first notice of motion for change of venue an appearance?
California, United States of America
What is the test for a plaintiff to seek injunctive relief in a personal injury case?
MultiRegion, United States of America
When a defendant moves for a new trial based on juror misconduct, can the trial court conduct an evidentiary hearing?
California, United States of America
Does a failure to object to a probation condition at trial constitute a forfeiture of the claim on appeal?
California, United States of America
Is there any error in awarding attorney fees to the trustees?
California, United States of America
When will a judge order non-compensatory, non-contractual support under a spousal order?
Ontario, Canada
Does an employee who is laid off without a recall have greater rights than an ordinary dismissal?
Ontario, Canada
Does the ex post facto clause in the Criminal Code apply to ex-felons?
MultiRegion, United States of America
In what circumstances will a search warrant be used to seize drugs with an estimated street value of $100,000 in a house search for a drug dealer?
California, United States of America
What authority does a physician have to override a patient’s consent?
Ontario, Canada
What is the current interpretation of s. 15(1) of the Canadian Human Rights Code?
Nova Scotia, Canada
What is the test for making an out-of-court testimonial statement?
California, United States of America
Is there a high onus on good faith on a party seeking leave to bring a derivative action?
Ontario, Canada
What is the effect of testifying under a grant of use immunity before the very federal jury which indicted the appellants?
MultiRegion, United States of America
What is the test for determining whether an application has a reasonable prospect of success following a summary hearing?
Ontario, Canada
What is the defense attorney's duty to oppose the prosecution at trial?
California, United States of America
What is the test for a claim under section 21451 of the Government Code for medical malpractice?
California, United States of America
What is relevant evidence in a personal injury action?
California, United States of America
What is the test for whether a state law has a reference to an employee benefit plan?
MultiRegion, United States of America
What is the test for a court of appeal to review the findings of a trial judge's determinations on questions of law?
Prince Edward Island, Canada
Can a Strata Plan BCS 3507, 2020 charge back the amount of insurance deductible that falls below the deductible?
British Columbia, Canada
What is the test for determining the validity of a local ordinance requiring the registration of firearms within a city?
California, United States of America
When an action is transferred to a different court in a different jurisdiction under Section 1404(a) of the Civil Code of Civil Procedure, what state law applies in the other court?
MultiRegion, United States of America
What is the effect of a court's omission from the written penalty instruction in a motor vehicle case?
California, United States of America
What is the test for rectifying a contract?
British Columbia, Canada
Is a communication within the grievance procedure necessary to define the scope of the dispute?
Alberta, Canada
Does a stop for a traffic violation give the police carte-blanche to seize or search a passenger?
"New York", United States of America
What is the test for appealing a final order in a habeas corpus proceeding?
MultiRegion, United States of America
What is the test for determining whether a testator has a valid testamentary capacity?
British Columbia, Canada
What is the test for making an effective waiver of the Sixth Amendment?
California, United States of America
Is a probation condition that regulates non-criminal conduct an abuse of discretion?
California, United States of America
Does a settlement agreement preclude a complaint from being brought?
British Columbia, Canada
Does an order on attorney fees have to be reversed if the underlying award is reversed?
California, United States of America
Is it inappropriate for issues relating to the identity of the judgement debtor being determined in the course of execution proceedings?
Canada (Federal), Canada
How many errors have been found in the warrant description of a house search warrant?
California, United States of America
Can a defendant sentenced or placed on probation prior to Proposition 47's effective date have his or her sentence reduced?
California, United States of America
If A destroys a dike in order to protect more valuable property from flooding, can A claim a defense of necessity?
California, United States of America
In what circumstances will a court admit or deny testimony from a police officer that a defendant's shaking his head from side to side means that he had been asked if he had any more narcotics?
California, United States of America
What is the evidence that supports a finding that defendant used force on at least one occasion to commit a lewd and lascivious act against his daughter?
California, United States of America
What is the evidence that shows that defendants harbored the specific intent to assist each other in the commission of a crime in concert with known gang members?
California, United States of America
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor?
California, United States of America
Is a short term termination provision for a police chief valid?
Ontario, Canada
Does the right to counsel apply to the giving of a statement that one will or will not submit to the Vehicle Code?
California, United States of America
What is the test for establishing self-defense?
California, United States of America
What is the limitation period on a petition for post-conviction relief?
MultiRegion, United States of America
What is the test for contempt of court when a person commits a contumacious act?
Canada (Federal), Canada
Can a prosecutor argue the good faith exception to the exclusionary rule applies to a defendant's probation status based on information provided by the superior court?
California, United States of America
What is the test for recovery for loss of income capacity?
British Columbia, Canada
What are the consequences of the Accused being charged with a major sexual assault?
Alberta, Canada
Can a member of the Law Society resign as a result of extenuating and extraordinary circumstances rather than be disbarred?
Ontario, Canada
Does the reasonable doubt instruction in a sexual assault case violate Sztojko's due process rights?
MultiRegion, United States of America
Does a criminal confession need to be voluntary?
MultiRegion, United States of America
Can the giving of an instruction in a civil case be prejudicial?
California, United States of America
Does the record contain all the evidence that the parties would present at trial?
Ontario, Canada
Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court?
California, United States of America
Can a railway charge demurrage to a party who has no contract with the railway?
Ontario, Canada
What is the test for striking out pleadings in a class action?
British Columbia, Canada
What is the difference between sodomy by force and sexual assault against a person who is intoxicated?
California, United States of America
What is the test for a motion to dismiss an indictment on double jeopardy grounds?
MultiRegion, United States of America
Can a defendant argue that the prosecutor misled the jury into believing imperfect self-defense requires a reasonable belief that lethal force was necessary?
California, United States of America
In what circumstances will police be able to search an apartment in a residential unit without a warrant?
California, United States of America
What is the test for review of a criminal sentence?
MultiRegion, United States of America
What are some cases where a statute has been superseded by statute on another ground?
California, United States of America
Does Section 31 of the California Code of Civil Procedure include race, ethnicity, and national origin?
California, United States of America
What is the test for standing in a search?
California, United States of America
What is the legal argument to support legislation that bars an individual from standing for re-election as a candidate for the position of provincial candidate?
British Columbia, Canada
What is the statute of limitations for a medical malpractice action?
California, United States of America
Is a prosecutor's assertion in closing argument that the defense had an obligation to present evidence sufficient to satisfy the prosecution's burden of proof valid?
California, United States of America
Does the Court have jurisdiction to make credibility determinations that are reserved for the jury?
MultiRegion, United States of America
Is there any difference between the credibility of an affidavit and that of a trial?
British Columbia, Canada
What are the requirements of Section 6 of the Tax Arrears Act, and what are the implications of Division 6?
Manitoba, Canada
What is the effect of the instruction barring the jury from being swayed by mere sympathy in the penalty phase of the trial?
California, United States of America
What is the current sentence for a defendant who has two or more prior convictions for violent and serious felonies?
California, United States of America
Does a defense counsel have to make a futile motion or meritless objection to an ex post facto objection?
California, United States of America
How has the law been interpreted in the context of medical malpractice cases?
California, United States of America
Can a potential juror in a civil case be struck for bias or partiality?
MultiRegion, United States of America
What is the test for ineffective counsel in this case?
California, United States of America
