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 are the findings of the Court of Appeal in a motion to dismiss an appeal from the appellant's attorney?
California, United States of America
Is there any case law where a defendant was so intoxicated that he could not entertain a specific intent to inflict grievous bodily harm?
California, United States of America
Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test?
"New York", United States of America
What evidence will be produced to support a finding of procedural fairness?
Canada (Federal), Canada
Is there any difference between a plaintiff and a defendant in the award of costs under section 40 of the Canadian Personal Injury Act?
Nova Scotia, Canada
Can a Minister of Natural Resources, the Government’s Agent, be found to have acted in bad faith?
Newfoundland and Labrador, Canada
What is a cause of action for a plaintiff in a medical malpractice case?
California, United States of America
What is the current state of disclosure of a party's financial situation?
Ontario, Canada
What is the impact of a single incident mass tort?
Ontario, Canada
Is there a reasonable probability that counsel's conduct would alter the outcome of a case?
California, United States of America
What is the test for determining future care costs for a plaintiff?
British Columbia, Canada
What is the test for an upper term for abuse of power on appeal?
California, United States of America
How have courts interpreted Section 726(b) of the Bankruptcy Code regarding disgorgement?
MultiRegion, United States of America
What is the test for establishing the corpus delicti of homicide?
California, United States of America
What is the standing of a private party to defend the constitutionality of a state statute?
MultiRegion, United States of America
Does a Defendant have a right to refuse a blood test on the grounds it would violate his right against self-incrimination?
California, United States of America
What are the implications of a federal district court's interpretation and application of the sentencing guidelines for sexual assault?
MultiRegion, United States of America
In what circumstances will a court award an award for lost wages based on an estimate of the time required to purchase a business?
Manitoba, Canada
How have courts dealt with a breach of contract claim against defendants?
California, United States of America
What is the difference between a promise and a contract?
Nova Scotia, Canada
What is the test for assessing loss of capital asset under the capital asset approach?
British Columbia, Canada
What is the difference between a challenge to Judge True and a peremptory challenge?
California, United States of America
Is a plaintiff entitled to a claim for past wage loss?
British Columbia, Canada
How do we review a ruling sustaining a demurrer without leave to amend?
California, United States of America
What is the effect of a de novo review of an arbitration award?
California, United States of America
What is the legal basis for requiring a personal guarantee on a loan agreement?
Ontario, Canada
What is the test for a habeas corpus application?
British Columbia, Canada
Is there a constitutional right not to be murdered by a state officer?
MultiRegion, United States of America
What burden is on the party complaining to establish an abuse of discretion?
California, United States of America
Is there any case law supporting the assertion of privileged information?
Ontario, Canada
Does a defendant have to be found guilty only of simple assault by reason of self-defense?
California, United States of America
What is the test for double dipping?
Ontario, Canada
What is the test for damages for wrongful dismissal of a plaintiff in a motor vehicle accident?
Alberta, Canada
What is the test for recoverable out-of-pocket expenses in the context of an award of attorney's fees?
MultiRegion, United States of America
What is the test for being of more than ordinary difficulty?
British Columbia, Canada
What is the test for a motion for direction in a personal injury matter?
Ontario, Canada
What are the findings of the Court of Appeal in the case of appellant's conviction for sexual assault?
California, United States of America
Is a witness entitled to cross-examine at trial under the hearsay rule?
California, United States of America
What authorities relevant to a housekeeping claim before me?
Alberta, Canada
Does a judge have any authority to issue a written statement of the reasons for revoking probation?
MultiRegion, United States of America
What is the test for a writ of habeas corpus de novo?
MultiRegion, United States of America
What is the legal test for the “buyer beware” principle?
British Columbia, Canada
Can para. 392 of the Criminal Code per se create a cause of action capable of supporting its claim?
Saskatchewan, Canada
Does a deportation proceeding infringe an alien's due process rights?
MultiRegion, United States of America
Does a conversation between a police officer and a suspect in custody constitute interrogation?
California, United States of America
How have courts dealt with an alleged oral trust of the proceeds of an insurance policy?
California, United States of America
In a post-appeal collateral proceeding, can an attorney error be considered a cause for failure to raise a claim in a subsequent collateral proceeding?
California, United States of America
Does the unclean hands doctrine stand in the way of a bankruptcy plan being approved?
federal, United States of America
What is the current state of the law on knowability of a manufacturer of a product that fails to warn?
California, United States of America
What is the legal test for determining whether a professor's conduct is consistent with or contrary to academic norms?
California, United States of America
What are the consequences of a single delict?
British Columbia, Canada
What is the test for admitting a witness's testimony at trial?
California, United States of America
What is the test for imputing income on the basis of unemployment?
Ontario, Canada
In what circumstances will a police officer be charged with possession of a firearm under the Mental Health Act?
California, United States of America
What is the test for support for an adult child who is enrolled in a full-time education?
Nova Scotia, Canada
What is the limitation period for filing a human rights complaint?
British Columbia, Canada
Is a witness not an accomplice?
California, United States of America
Is a restrictive covenant for the sale of a dental practice business unenforceable?
Alberta, Canada
What is the test for a claim for supervisory liability under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
What is the scope of review under section 2254(a) of the AEDPA for a habeas corpus petition?
MultiRegion, United States of America
Does a motion for security for costs become a summary judgment?
Ontario, Canada
Does section 654 of the California Criminal Code, Section 654, apply to punish a defendant for more than one offence?
California, United States of America
Is an affidavit sufficient to establish probable cause for a search warrant?
California, United States of America
Does the term "excited utterance" in the context of hearsay rule exceptions?
"New York", United States of America
What is the test for an affirmative defense?
MultiRegion, United States of America
Can a corporation be sued for failing to comply with the requirements of Section 677 of the Code of Criminal Procedure?
"New York", United States of America
Is a common business enterprise sufficient to prevent a bank from being defrauded?
Ontario, Canada
Is there a high bar to establish that a statute of limitations is jurisdictional?
MultiRegion, United States of America
Can a landlord obtain a judgment for possession of a property obtained by the landlord in an unlawful detainer action?
MultiRegion, United States of America
Are there any exceptions in the context of sexual assault cases?
California, United States of America
Does a portion of the form order completed by the magistrate judge support the recommended disposition?
MultiRegion, United States of America
In a personal injury action, is a plaintiff entitled to a special protection against the award of attorney fees?
California, United States of America
What is the test to determine whether a complaint is without merit?
Saskatchewan, Canada
Is an insurer required to defend any action that potentially seeks damages within the coverage of the policy?
California, United States of America
What is the test for a motion to grant a continuance when a party fails to comply with notice requirements?
California, United States of America
How have the courts treated the issue of aiding and abetting instructions in a trial?
California, United States of America
Does the accusatory pleading test apply in the context of assault with a deadly weapon?
California, United States of America
What is the test for a de novo a due process claim involving the government's failure to preserve potentially exculpatory evidence?
MultiRegion, United States of America
What is the standard of review applied to a ruling by the California Appeal Court on the admissibility of expert testimony?
California, United States of America
What are the findings of an independent review of the record for potential error?
California, United States of America
What rights does appellate counsel have?
MultiRegion, United States of America
What is the test for a finding that a Defendant consented to the search of the Case?
California, United States of America
Is a duplicitous or multiplicitous criminal indictment when it charges a single crime multiple times, in separate counts?
MultiRegion, United States of America
Is a state procedural rule that does not apply consistently enough to prevent a federal court from dismissing a second habeas petition?
MultiRegion, United States of America
How have courts dealt with forgery and burglary cases?
California, United States of America
What is the test for determining whether aggravation arose out of the employee’s employment?
British Columbia, Canada
What is the test for announcing a rule of law?
California, United States of America
Does a defendant fail to preserve the issue of whether a search violated the Fourth Amendment of the United States Constitution?
California, United States of America
What is the test for pleading under Rule 9(b)?
MultiRegion, United States of America
Is a plaintiff entitled to recover out-of-pocket expenses incurred as a result of a motor vehicle accident?
British Columbia, Canada
What is the pith and substance of an impugned Order?
British Columbia, Canada
What is the test for obtaining general consent to search a locked metal box?
California, United States of America
What is the current state of the law on sentencing in terrorism cases?
MultiRegion, United States of America
How has the California Board of Retirement been dealt with in a motor vehicle accident case?
California, United States of America
When will a court order a reduction in the sentence of an appellant convicted of attempted robbery?
California, United States of America
What is the test for a motion to set aside a default judgment?
California, United States of America
What is the test under s. 12 and s. 2(4) of the 1996 SABS for "continuously preventing" a claimant from engaging in substantially all of the activities in which they were engaged in before the accident?
Ontario, Canada
What is the test for an expert to be an expert in medical malpractice?
British Columbia, Canada
What is the standard of bad faith for a defendant to bring a claim of prosecutorial misconduct against a prosecutor for comments he made to the jury?
California, United States of America
Is a cost sharing agreement enforceable upon notice?
British Columbia, Canada
How have courts interpreted the term "financial interest" in the context of a contested will?
Ontario, Canada
What is the test for a cause of action for negligence?
California, United States of America
What are the implications of a sentencing court's interpretation and application of the Guidelines de novo?
MultiRegion, United States of America
What is the test for maintaining a claim of retaliation pursuant to the First Amendment?
MultiRegion, United States of America
Are shareholders of a corporation liable for the debts and liabilities of the corporation?
Prince Edward Island, Canada
What is relevant evidence in a murder case?
California, United States of America
What is the test for "well-founded fear" of persecution in an asylum application?
MultiRegion, United States of America
What is the test for an anti-SLAPP claim?
California, United States of America
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code?
California, United States of America
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case?
MultiRegion, United States of America
Can a shareholder of a corporation who is not a majority shareholder of the corporation obtain relief under the oppression provisions?
Alberta, Canada
What is the test for making an affidavit of documents?
Saskatchewan, Canada
What is the test for a plaintiff to mitigate her damages?
British Columbia, Canada
What is the school district's rationale for dismissing the complaint?
MultiRegion, United States of America
How have sections 654 and 654 of the California Code of Civil Procedure been interpreted?
California, United States of America
What are the elements of the legislative and initiative versions of the three strikes laws?
California, United States of America
What is the test for establishing a prescriptive easement?
California, United States of America
Is a decision not to depart downward from the guidelines subject to review on appeal?
MultiRegion, United States of America
How have courts interpreted an arbitration clause in a contract where the contract states that the entire agreement does not compromise any rights?
MultiRegion, United States of America
What is the purpose and goal of disciplinary proceedings?
British Columbia, Canada
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support?
Ontario, Canada
What is the test for a defendant to claim that he has been a productive and law-abiding member of society for a long period of time?
California, United States of America
What are the principles used to assess an in trust claim?
British Columbia, Canada
How has section 667.6, subdivision (d) of the California Criminal Code been interpreted in the context of sexual assault cases?
California, United States of America
What is the test for interpretation of an order?
Nova Scotia, Canada
Is there any case law where a defendant has been found to have failed to comply with a prior order?
MultiRegion, United States of America
What is the test for determining whether an administrative agency has made a finding that an administrative decision was correct?
California, United States of America
What is the test for possession of a property?
California, United States of America
What is the test for ordering base line damages in a case involving systemic negligence and Charter breaches for solitary confinement?
Ontario, Canada
Is there any error in principle or any consideration or an irrelevant factor?
British Columbia, Canada
What is the burden of a motion to suppress a search and seizure?
California, United States of America
Can a prison official be held liable under the Eighth Amendment for denying an inmate humane conditions of confinement?
MultiRegion, United States of America
In what circumstances will a trier of fact’s assessment of a witness's testimony be undermined or undermined?
British Columbia, Canada
What is the standard of review for a challenge to a conviction of attempted robbery?
California, United States of America
What is the urgency of a father seeking access to his children six months after separation?
Ontario, Canada
What is the current state of the law on an application to re-open a criminal trial?
British Columbia, Canada
Does a Statement of Defence need to be delivered in the Superior Court of Justice?
Alberta, Canada
What is the test for determining whether a cause of action arises from protected speech or petitioning activity?
California, United States of America
Can an action brought under the Business and Professions Code be converted to an injunctive relief proceeding brought by the same plaintiff under the unfair competition law?
California, United States of America
Is there an obvious unmeritorious claim in this application?
British Columbia, Canada
Is there a fiduciary relationship where an accountant failed to disclose to a client that he had a personal interest?
British Columbia, Canada
What is the test to apply on a variance application?
British Columbia, Canada
In what circumstances will a jury be denied access to a transcript by a court bailiff during deliberations?
California, United States of America
What is the test for preserving the issue of pretextual arrest for appellate review?
MultiRegion, United States of America
When will a defense counsel not to present mitigating evidence at the penalty phase?
California, United States of America
What is the penalty for knowingly committing or assisting fraud on a party not a licensee’s client?
Ontario, Canada
What is the state of the law on the Eighth Amendment and conditions of confinement?
MultiRegion, United States of America
What is the duty to account of a trust?
Saskatchewan, Canada
Can a defendant be added to a class action?
Nova Scotia, Canada
What is the legal basis for a claim for environmental damages arising from a purchase and sale agreement of a property containing waste and environmentally materials?
Ontario, Canada
What is the legal basis for royalty derived from a lease of land held for the purpose of making bricks?
Alberta, Canada
What is the test for the admissibility of constitutional reference materials in the context of constitutional references?
British Columbia, Canada
Is death by neurologic criteria considered death at law?
Ontario, Canada
What is the standard for overturning a sexual assault conviction based solely on circumstantial evidence?
California, United States of America
What is the test for reasonableness in statutory interpretation?
Canada (Federal), Canada
Does a claim of ineffective assistance of counsel in a motion for writ of habeas corpus need to be brought before the Court of Appeal?
California, United States of America
Is Defendant's contention that admitting evidence of violent conduct violated his constitutional right to a fair trial forfeited?
California, United States of America
What is the duty of an employer to inquire further about an employee's medical condition?
British Columbia, Canada
What is the test for making a criminal threat?
California, United States of America
Can an unsuccessful party to a small claims action be required to pay any other reasonable charges or expenses such as experts’ fees or expenses?
British Columbia, Canada
Is an order denying a motion for reconsideration separately appealable?
California, United States of America
What is the test for making an objection to a prosecutor's closing argument in a criminal case?
California, United States of America
What is the test for a finding that a child is "normally resident" with his mother?
Ontario, Canada
Is a finding of mitigation required in a civil case?
California, United States of America
What is the statute of limitations for a motion seeking to amend the constitution?
California, United States of America
What is the substantial evidence standard of review applied to gang enhancements and gang participation convictions?
California, United States of America
What role does the Court of Appeal have in determining the outcome of a trial?
California, United States of America
When will a court set a payor’s average income under s. 16 of the Income Tax Code?
British Columbia, Canada
What is sufficient evidence to warrant committal for extradition to the United States?
British Columbia, Canada
Is evidence of sexual intent admissible in a sexual assault case?
California, United States of America
Is there any case law where a defendant was arrested in violation of state law?
California, United States of America
Does the Attorney General have the authority to suppress a search of a defendant's home?
California, United States of America
What is the test for an aider and abettor of an attempted murder?
California, United States of America
What is the test for determining whether a federal court has abused its discretion in making a restitution order?
MultiRegion, United States of America
Is it possible to appeal an order disqualifying attorneys for non-parties in a civil case?
MultiRegion, United States of America
What is the test for making a false statement to a bank?
MultiRegion, United States of America
What is the test for materiality in a claim for misrepresentation?
Alberta, Canada
What are some cases dealing with the issue of personal injury?
Saskatchewan, Canada
When a cause of action on appeal from a trial court's order sustaining demurrer is not discussed in the brief, is it abandonment of that cause?
California, United States of America
What is sufficient evidence to prove guilt beyond a reasonable doubt?
California, United States of America
Is a plea of no contest valid under section 1018 of the California Penal Code?
MultiRegion, United States of America
What is the test for a motion for reconsideration?
California, United States of America
Is there any case law where counsel acted within the professional range of competence in making tactical decisions?
California, United States of America
What are the remaining issues of review?
Alberta, Canada
What is the test for determining costs in a child protection case when the judge has not presided at all or any stage of the proceeding?
Ontario, Canada
What is the current state of the law on privacy issues in personal information applications?
British Columbia, Canada
Does the constitutional guarantee against compulsory self-disclosure apply to non-profit organizations?
"New York", United States of America
What is the test for determining whether a defendant is suitable for probation?
California, United States of America
How have courts dealt with the issue of composition of a composition deed?
Ontario, Canada
Is there any difference between a domestic action and a foreign arbitration?
Ontario, Canada
Does section 820.8 of the California Highway Patrol Commissioner's liability for misconduct of a subordinate employee in a motor vehicle accident apply to him?
California, United States of America
Does a treaty clause in the Treaty of the Americas include the right to fish commercially?
Alberta, Canada
What is the test for valuing a plaintiff's loss of earning capacity as a capital asset?
British Columbia, Canada
What is the test for granting a request to reopen a criminal case?
California, United States of America
What is the range of sentences for a man convicted of two counts of being a felon in possession of a firearm and an attempted robbery?
California, United States of America
Is a prosecution's argument commenting on defendants' failure to testify permissible?
California, United States of America
What are indemnity costs for the Respondent in a personal injury case?
Nunavut, Canada
What is the test for a challenge to the sufficiency of evidence to support a criminal conviction?
California, United States of America
What is the standard of review for the use of circumstantial evidence in a sexual assault case?
California, United States of America
If a person is convicted of violating section 246.3 of the California Penal Code as an aider and abettor of a firearm offence, does that constitute a strike?
California, United States of America
