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 damages for future care costs in a motor vehicle accident?
British Columbia, Canada
Is there any case law supporting a wife’s position in seeking costs in matrimonial litigation?
Ontario, Canada
Does a finding of incompetence justify a single plea of not guilty by reason of insanity?
California, United States of America
Does a lawyer have to consent to an assessment?
Ontario, Canada
Is there any case law in which a prisoner can bring a claim for damages for retaliation against their First Amendment rights to speech or to petition the government?
MultiRegion, United States of America
Is a prosecutor required to monitor every material witness in a criminal case?
California, United States of America
What is the test for having a daughter who has severed all contact with her father for 9 years?
British Columbia, Canada
Is a grant of probate required as to the Secondary Will?
British Columbia, Canada
What are the consequences of a violation of the provisions of the Clean Air Act?
MultiRegion, United States of America
What is the test for determining the division of property between a husband and wife?
British Columbia, Canada
What is the legal test for evicting a person from their home?
California, United States of America
Is there any case law where the asserted benefits of a new regime must be balanced with the factors favouring the previous order or previous order?
British Columbia, Canada
What is the obligation of a claimant to prove that antagonism was a factor in their decision to leave their employment?
Canada (Federal), Canada
Can a fiduciary obligation arise in the context of a commercial transaction?
MultiRegion, United States of America
Is there any case law where the use of a chemical in a medical malpractice case has been successful?
"New York", United States of America
What is the test for setting aside a judgment signed in default of appearance?
Manitoba, Canada
What is the test for determining whether there is a "certainty" over the amount of damages awarded at trial?
California, United States of America
Does the mailbox rule apply in determining the date of filing of both a state and federal habeas petition?
MultiRegion, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
What is the history of section 190(c) of the Ontario Bill of Rights?
California, United States of America
What evidence exists to support a conviction for a sawed-off rifle violation under section 12020 of the California Criminal Code?
California, United States of America
Is there good cause for disclosure of juror information to support a motion for new trial based on juror misconduct?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the burden of obtaining a complete transcript from an indigent appellant?
California, United States of America
Does a third party who had no dealings with Pollock as a landowner have a valid claim against Pollock?
California, United States of America
What is the reasonability of a nominal offer to waive costs and disbursements?
British Columbia, Canada
What is the difference between a class action and a single trial?
MultiRegion, United States of America
What is the standard of review applied to a jury finding a defendant sane to stand trial?
California, United States of America
When will a claimant's own statements of symptoms be considered in the Second Step of a disability claim?
MultiRegion, United States of America
What is the transferred intent test used in a murder case?
"New York", United States of America
What is the date used in matrimonial property valuations?
Alberta, Canada
Is it proper for the trial court to rule on an anti-SLAPP motion and not consider the first amended complaint?
California, United States of America
How have the courts treated the preparation of an Emergency Information System (EIS) in the context of a preliminary injunction?
MultiRegion, United States of America
Is a judge's discretionary power to dismiss prior felony convictions retroactive?
California, United States of America
Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence?
California, United States of America
What are the implications of the People v Trujillo decision on attorney fees?
California, United States of America
Is an employer liable for failing to accommodate an employee with a disability?
California, United States of America
What are the legal standards for challenging the propriety of police encounters with the public?
"New York", United States of America
What is the test as to determine whether questions in dispute need to be answered?
Ontario, Canada
What is the test for making a request for retention of jurisdiction in a personal injury action?
California, United States of America
What is the test for possession of a crystalized substance later stipulated to contain heroin?
California, United States of America
What is the test for accepting and rejecting evidence that contradicts the findings of a jury?
California, United States of America
What is the test for a federal habeas corpus relief?
MultiRegion, United States of America
Does assault with intent to commit a crime require the wrongdoer's present ability to commit the assault?
California, United States of America
What is the test for determining whether a supervisor acted with discriminatory animus against an employee?
California, United States of America
What is the quantum of exemplary damage awarded in a motor vehicle accident?
Alberta, Canada
Does a jury need to be instructed on the meaning of words "commonly understood by those familiar with the English language"?
California, United States of America
How have courts treated allegations of arson under the California Fire and Rescue Code?
California, United States of America
Can a judge be recusal under section 455(a) of the Criminal Code where he or she owns a small percentage of shares in a crime victim?
MultiRegion, United States of America
What is the test for a jury to convict a defendant beyond a reasonable doubt?
California, United States of America
What is the effect of a single discriminatory exclusion on a defendant's right to a representative jury?
California, United States of America
What is the test for "aidle and abets the commission of a crime"?
California, United States of America
When will the court vary interim support orders?
British Columbia, Canada
What are some examples of judicial review of administrative decisions?
California, United States of America
What is the test for limiting defense counsel's cross-examination?
California, United States of America
Can a plaintiff make a claim for sexual discrimination under the Unruh Act merely by alleging a policy's disproportionate impact upon women?
California, United States of America
What is the test for specific intent in a criminal case?
California, United States of America
Is a business record admissible as an exception to the hearsay rule?
California, United States of America
Does the waiver rule apply to a claim of evidentiary error?
California, United States of America
What is the test for assessing contradictory evidence in a medical malpractice case?
California, United States of America
What constitutes a presumption of continued insanity against a defendant who was adjudicated incompetent to stand trial?
California, United States of America
What is the standard applied by the Court of Appeal in reviewing the evidence of a criminal case?
MultiRegion, United States of America
Can an award for past income loss be deducted from income taxes?
British Columbia, Canada
Is restitution as a condition of probation governed by section 1203.1 rather than section 1202.4?
California, United States of America
Can a strata corporation charge a similar renovation fee to the owner of the property?
British Columbia, Canada
What is the test for obtaining a search warrant for the seizure of a person's personal financial records?
California, United States of America
How have courts dealt with religious differences in custody decisions?
British Columbia, Canada
What are the grounds for denying a motion to dismiss an application to dismiss the application?
California, United States of America
Can a defendant be convicted of aggravated mayhem in violation of section 203 of the California Criminal Code?
California, United States of America
What is the impact of a federal district court's application of the sentencing guidelines on a defendant?
MultiRegion, United States of America
What is the test for determining whether a defendant has a duty to exercise care in the context of a motor vehicle accident?
California, United States of America
What are the rights of the assignor in assignment?
California, United States of America
What is the burden of proving an employee has sustained a workers' compensation injury?
California, United States of America
Does a buyer's agent have a fiduciary duty to investigate whether the property is subject to a pending litigation?
California, United States of America
What is the test for a motion to amend a notice of complaint to add a proper party to the original complaint?
MultiRegion, United States of America
What is the test of construction in a will?
Saskatchewan, Canada
Does a prosecutor's argument that provocation reduces a murder to voluntary manslaughter constitute misconduct?
California, United States of America
What is the current state of the law on cautionary instruction regarding accomplice and informant testimony?
MultiRegion, United States of America
What decisions have been made in the context of a construction contract dispute?
Alberta, Canada
How has section 667.5 of the California Criminal Code been interpreted by courts?
California, United States of America
What is the effect of the Attorney General's list of "subversive" organizations on the voir dire?
MultiRegion, United States of America
Is an attempted murder a lesser included crime of any completed crime?
California, United States of America
What is the legal test for reinstatement of a lawyer who refuses to accept a finding of guilt against him?
Ontario, Canada
How have the courts interpreted “without prejudice” without prejudice communications?
Saskatchewan, Canada
Does the amendment to the Rules of Civil Procedure make it possible for an action of that kind to be brought before a jury to be heard without prejudice?
Saskatchewan, Canada
What is the test for a city's right to prohibit smoking marijuana in public places?
California, United States of America
What is the test for exhaustion of administrative remedies in medical malpractice cases?
California, United States of America
What is the test for reasonable foreseeability under the natural and probable consequences doctrine?
California, United States of America
Can an equitable receiver pursue an application to sell jointly owned property?
Ontario, Canada
Can a killing that occurs in the commission of a felony be involuntary manslaughter?
California, United States of America
What is the standard of proof for an involuntary committed patient?
British Columbia, Canada
What is the test for making some words surplusage?
California, United States of America
Does the District Attorney's failure to comply with a mandatory file pursuant to the California Criminal Code Act invalidate the application?
California, United States of America
In a medical malpractice case, what is the burden of proving causation?
Ontario, Canada
What is the applicable standard of care in medical malpractice cases?
Prince Edward Island, Canada
What are the remaining contentions in a petition for writ of habeas corpus?
California, United States of America
What is the test for tolling the AEDPA limitations period?
MultiRegion, United States of America
What is the legal standard for a trial court to instruct on imperfect self-defense?
California, United States of America
In what circumstances will a bank be considered a "silent lender" in its dealings with a borrower during loan modification negotiations?
California, United States of America
Can a Plaintiff withdraw a portion of an examination for discovery after it has been put in evidence?
Alberta, Canada
In what circumstances will a vendor's relation with the purchaser of an estate under a contract be considered to be that of a trustee and cestui que trust?
Saskatchewan, Canada
In what circumstances have courts reversed a conviction for grand theft auto?
California, United States of America
Does secondary picketing constitute a nuisance?
Ontario, Canada
Can a criminal gang member who is currently charged with an assault under the California Penal Code, and who is not charged under the current legislation, establish a pattern of criminal gang activity?
California, United States of America
What is the test for a motion for judgment notwithstanding the verdict of a jury?
California, United States of America
Can a single cause of action alleging legal malpractice be separated into component acts with separate statute of limitations?
California, United States of America
What is the test for reasonableness of a police officer’s decision to detain a man?
Ontario, Canada
What is the test for admitting evidence of uncharged misconduct in a criminal case?
California, United States of America
Are expenses that are paid for by a corporation deductible when income flows through the corporation?
British Columbia, Canada
Does the word "penal" mean creating a disability or forfeiture?
Alberta, Canada
What constitutes a lewd act under section 288 of the California Lascivious Act?
California, United States of America
What is the current state of the law on forfeitures in the absence of a spouse who killed their spouse?
California, United States of America
What is the applicable standard of review to determine whether sufficient evidence supports the findings of a juvenile court?
California, United States of America
Can a search warrant be used to secure and seize cocaine in the kitchen of a house where Andino was being searched?
MultiRegion, United States of America
What is the common law notice period for an employee who is dismissed without cause?
Ontario, Canada
Does the term "district" or "county" apply to a community?
California, United States of America
What is the test for agency in a motor vehicle accident complaint?
California, United States of America
What is the test for determining whether a primary policy is primary under s. 277 of the Insurance Act?
Ontario, Canada
Does the Sixth Amendment or the Fifth Amendment apply to probation revocation proceedings?
California, United States of America
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter?
California, United States of America
Is there a statute increasing the term for second degree murder when a shooting is committed by shooting from a vehicle?
California, United States of America
Can a seller refuse to execute a contract of sale?
California, United States of America
Is a defendant precluded from bringing a motion for non-suit if he has opened his case?
Prince Edward Island, Canada
Does Section 1237.5 of the California Criminal Code apply following a guilty or no contest plea?
California, United States of America
What is the test for reversal of an error in admitting evidence in a criminal case?
California, United States of America
In what circumstances will the jury not award damages in a motor vehicle case?
California, United States of America
What is the test for coercion in determining whether there is a reasonable probability of a jury agreement in a civil case?
California, United States of America
What is the current state of the law on reversal?
"New York", United States of America
What is the impact of section 352 of the California Criminal Code on a defendant's ability to present his defense?
California, United States of America
How have the courts interpreted the findings of a magistrate judge's determinations of law?
MultiRegion, United States of America
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient?
California, United States of America
What is the test for an intelligent waiver of constitutional rights?
California, United States of America
Can a reasonable person reasonably doubt the impartiality of an arbitrator?
California, United States of America
What is the test for reversal of a decision by a federal district court to exclude or admit evidence in a civil case?
MultiRegion, United States of America
What is the test for admitting fresh evidence at a hearing?
Alberta, Canada
Does the term "election waiver" apply to an insurance company?
British Columbia, Canada
What is the test for an aider and abettor to be found guilty of assisting in the commission of a crime?
California, United States of America
Does The People have to be excluded from a hearing where the District Attorney was not allowed to attend?
California, United States of America
In what circumstances will a Defendant be permitted to submit a Response to an RTA?
Ontario, Canada
Can a guarantor be relied upon in a motor vehicle collision case?
New Brunswick, Canada
What is the test for a vehicle code violation?
California, United States of America
What is the test for granting leave for the issuance of a Certificate of Public Prosecutions?
Ontario, Canada
What is the test for serious bodily injury under section 243 of the California Civil Code?
California, United States of America
Does a motion for in forma pauperis have to be dismissed for failure to state a claim?
MultiRegion, United States of America
Is a defendant entitled to an instruction on the consequences of a verdict of not guilty by reason of insanity?
California, United States of America
What is the test for establishing 'scienter' in a play?
"New York", United States of America
What rights does a non-citizen have to file a motion to reopen a removal proceeding?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does a search or seizure violate the Fourth Amendment?
MultiRegion, United States of America
What factors will a jury consider in determining whether a flashlight can cause serious bodily injury?
California, United States of America
Does a court have an obligation to instruct on all principles of law relevant to the issues raised at trial?
California, United States of America
What is the test for striking a father’s answer in a family law case?
Ontario, Canada
Is a Defendant's failure to provide an adequate record for review of a Claimant's Statement of Claimant Error?
California, United States of America
In what circumstances will a jury be asked to give particulars of negligence of each of the drivers in a motor vehicle accident?
British Columbia, Canada
What constitutes a fraudulent misrepresentation in a claim?
British Columbia, Canada
What factors will a court consider in determining the timeliness of a motion to intervene?
MultiRegion, United States of America
What is the purpose of the court's finding that an employee is not entitled to sue for unfair dismissal?
California, United States of America
What is the test for an abuse of discretion restitution order?
California, United States of America
What is the test for finding a defendant guilty of attempted murder?
California, United States of America
What is the range of punishment available to a defendant under section 654 of the California Criminal Code?
California, United States of America
What is the test for a jury to overturn a finding of false testimony?
California, United States of America
Does a defendant have a certificate of probable cause to develop evidence favorable to defendant for presentation at trial?
California, United States of America
How has attorney-client privilege been interpreted in the context of a crime-fraud claim?
MultiRegion, United States of America
Can a defense counsel's affirmative misadvice as to the immigration consequences of a guilty plea be objectively reasonable?
MultiRegion, United States of America
What is the test for determining whether provocation can negate deliberation and premeditation?
California, 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
What is the test for assisting a stranger of a nominated trustee?
Ontario, Canada
What is the standard of discovery for the defense in a sexual assault case?
California, United States of America
What is the test for a fraud under the mail fraud statute?
MultiRegion, United States of America
What is the test for determining whether a plaintiff was negligent in his actions?
California, United States of America
What is the difference between an insurance company and a reinsurance company?
California, United States of America
What are the implications of a motion to stay imposition of a sentence for robbery pursuant to section 654 of the Criminal Code?
California, United States of America
What is the current state of the law on sex offender classification?
MultiRegion, United States of America
Does a consensual encounter between a police officer and a woman constitute detention?
California, United States of America
What is the test for making a Miranda warning?
California, United States of America
Is rectification of a document when there is a mistake common between the parties?
British Columbia, Canada
Does a provincial legislature have jurisdiction to prohibit the manufacture and importation of intoxicating liquors into the province?
Saskatchewan, Canada
Does a search conducted pursuant to a valid consent violate the Fourth Amendment?
California, United States of America
What is the statute of limitations for a claim for breach of fiduciary duty?
"New York", United States of America
Does the court properly instruct the jury on the substantive elements of the crime of vandalism?
California, United States of America
Does an informant become a government agent unless he is supervised and supervised by law enforcement officers?
MultiRegion, United States of America
What is the standard of review for a failure to give a cautionary instruction?
California, United States of America
What is the impact of interrogatories on discovery?
British Columbia, Canada
Does a defense argue that a court must instruct sua sponte on presumptions relating to the defense?
California, United States of America
What is the current state of the law on the corroboration rule?
MultiRegion, United States of America
Can a criminal defendant suffer multiple convictions for a single criminal act or series of related criminal acts?
California, United States of America
What is the test for torturous intent in a murder case?
California, United States of America
Can uniformed police officers attend the opening statements of a criminal trial?
California, United States of America
In what circumstances will a landlord be able to claim damages from a tenant who is not a party to the contract?
Alberta, Canada
What are the reasons for misfeasance in public office?
Ontario, Canada
How have courts interpreted the concept of "knowledge" in the definition of intent in the context of possession with intent to sell?
California, United States of America
What is the standard of review for staying a case?
MultiRegion, United States of America
Is there a conflict of interest in awarding compensation to a class representative in a class action?
MultiRegion, United States of America
What is the effect of the Eighth Amendment on sentences that are grossly disproportionate?
California, United States of America
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation?
California, United States of America
When will a minor who violates the criminal law be prosecuted in the juvenile court rather than the criminal court?
California, United States of America
What is the test for “voluntary assumption of risk” in the context of a claim for negligence?
Newfoundland and Labrador, Canada
What is the test for overturning a finding of insufficient evidence?
California, United States of America
Is a respondent entitled to mid-range support?
British Columbia, Canada
Can an interested party file a cross-complaint to an action which challenges the validity of a redevelopment plan?
California, United States of America
