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 a statement of claim to interrupt a limitation period?
Ontario, Canada
Is there a conflict of interest between counsel and defendant?
California, United States of America
Does the court err in dismissing the case as a result of the general manager's decision not to join the tenant as defendants?
California, United States of America
Can a district court dismiss a complaint for improper service for abuse of discretion?
MultiRegion, United States of America
Is there merit in argument that each of the appellants was convicted of the crime of conspiracy to violate section 337a of the Penal Code?
California, United States of America
Can an equal contribution after separation be a relevant consideration in reapportioning of seats?
British Columbia, Canada
What is the test for intent in a sexual assault case?
California, United States of America
Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court?
MultiRegion, United States of America
What is the test for setting aside a jury's finding of guilt in a sexual assault case?
California, United States of America
Is there any case law supporting the proposition that there must be a subjective belief by the tribunal of the fact?
British Columbia, Canada
Does prosecution with effect include an acquittal as well as a conviction?
MultiRegion, United States of America
Is sufficient evidence sufficient to convict Schleining of possession of a pipe bomb?
MultiRegion, United States of America
What is the test for establishing that a criminal street gang is a "criminal street gang"?
California, United States of America
What is the test for a well-founded fear of persecution?
Canada (Federal), Canada
What is the test for waiver of counsel in a personal injury case?
California, United States of America
Does the alleged denial of a right to a jury trial on aggravating circumstances under the Sixth Amendment apply to a defendant who was convicted of assault?
California, United States of America
Does section 4573.8 of the California Criminal Code apply to a defendant who is charged with two counts of possession of contraband under the same section?
California, United States of America
Is an unidentified police informer acting as an agent of the police when she entered the premises of two accused?
British Columbia, Canada
What is the test for determining whether a defendant has a history of serious and/or violent felony convictions under the Three Strikes scheme?
California, United States of America
What is the result of a jury's verdict in the case of a driver convicted of second degree murder and driving under the influence of alcohol or drugs causing injury?
California, United States of America
Can a preliminary inquiry judge grant an appli cation to stay proceedings for breach of the Charter of Human Rights?
Manitoba, Canada
What is the common law defence of duress?
British Columbia, Canada
What is the essential character of a dispute?
Saskatchewan, Canada
Does a party have an exclusive right to the use of the right-of-way of a residential laneway?
British Columbia, Canada
What is the test for establishing that a transaction in which a borrower is not a lender but a lender?
California, United States of America
What is the test for a motion for reconsideration of a finding that is (1) erroneous and (2) unenforceable?
MultiRegion, United States of America
Is abuse of abuse of testimony required to be read to the jury?
MultiRegion, United States of America
If a prosecutor tries to inflame the passions of the jury against a defendant, or cites to facts not in evidence, is he guilty of misconduct?
California, United States of America
Does the principle enunciated in the airport cases apply to highway construction?
California, United States of America
What is the test for determining whether an element of the crime may not be used to impose the upper term?
California, United States of America
Is there any case law where an Indian Head School Division No. 19, 1990 (SCC) has been successful?
Ontario, Canada
Is there any evidence that there was conspiracy to murder James "Jock" Jones?
MultiRegion, United States of America
What is the test for admissibility of evidence of an uncharged crime?
California, United States of America
What is the test for determining whether the evidence at the preliminary hearing supported the finding of probable cause?
California, United States of America
What is the test for a waiver of the Miranda rights?
MultiRegion, United States of America
What is the threshold for a complaint of sexual assault to proceed to a hearing?
British Columbia, Canada
What is the basis for a breach of confidentiality claim?
California, United States of America
What is the penalty of a College of Pharmacy Pharmacist for failing to identify a patient as a patient?
British Columbia, Canada
Is a jury entitled to a supplemental instruction that is not coercive?
California, United States of America
Can a search warrant be used to search a person's home?
Canada (Federal), Canada
Can post-crime conduct be considered only to support a finding of guilt?
California, United States of America
What is the test for a jury to agree on unanimity in a case involving a broken window?
California, United States of America
Is it appropriate to convict for multiple counts of the same crime?
California, United States of America
Is a plaintiff required to prove hypothetical losses of past earning capacity?
British Columbia, Canada
In a medical malpractice case, in what circumstances were contested autopsy photographs considered relevant to disputed factual issues?
California, United States of America
What is the test for obtaining an injunction to prevent a vendor take-back mortgage from being used in a power of sale action?
Ontario, Canada
What is the difference between facts and evidence in a medical malpractice case?
Alberta, Canada
What is the test for establishing a material change of circumstances in a parenting judgment?
Saskatchewan, Canada
What is the test for making a criminal threat under section 422 of the California Criminal Code?
California, United States of America
What is the result of a motion to dismiss the remaining allegations against defendant?
California, United States of America
What is the test for establishing a charge of constructive possession?
MultiRegion, United States of America
Is handcuffing excessive force in violation of the Fourth Amendment?
MultiRegion, United States of America
What is the test for establishing general causation in a toxic tort case?
"New York", United States of America
Does the 9th Circuit have jurisdiction to review the dismissal of an amended petition for sexual assault?
MultiRegion, United States of America
Is a "true policy decision" exempt from liability from tort?
British Columbia, Canada
What is the test for determining whether a taxpayer is an independent contractor or an employee?
MultiRegion, United States of America
What is the test for giving a jury cautionary instruction in a sexual assault case?
California, United States of America
Can a judge award costs for copies of depositions and private service of process fees?
MultiRegion, United States of America
Does relief by way of habeas corpus extend to a person in custody pursuant to the judgment of a state court?
MultiRegion, United States of America
What is the test for determining whether an order/judgment is presumed correct on appeal?
California, United States of America
Does a defendant have a right to conduct his own research at government expense?
MultiRegion, United States of America
How much interest is allowed on arrears of an annuity?
Alberta, Canada
Is there a difference between a jury convicted of attempted murder and a verdict of deliberate, deliberate and intentional murder?
California, United States of America
Is there any evidence that a crime lab technician admitted on the stand to not following federal procedures when processing DNA samples?
California, United States of America
How has the doctrine of triviality been interpreted in motor vehicle accident law?
"New York", United States of America
What is the test for a motion to suppress evidence pursuant to section 1538.5 of the Illinois Penal Code?
California, United States of America
What is the test for a decision that a claimant is not disabled?
MultiRegion, United States of America
Is a state agency immune from a private cause of action for damages brought in federal court?
MultiRegion, United States of America
When will a judge remand a sentence for failing to depart from a downward bound section of the sentence?
MultiRegion, United States of America
What is the test for establishing that the Fly Boys were a criminal street gang?
California, United States of America
How does the doctrine of abuse of process apply?
Ontario, Canada
What constitutes desertion on the basis of an irreconcilable marriage breakdown?
Saskatchewan, Canada
What duty does a probation officer have to investigate and report an illegal immigrant's motivation for entering the county?
California, United States of America
Does a mental disorder instruction need to be given?
California, United States of America
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction?
MultiRegion, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
How have courts treated the issue of fault or blameworthiness in the context of a negligence claim?
British Columbia, Canada
What is the test for appeal from an order dismissing a complaint after a sustaining of a demurrer?
California, United States of America
What are the consequences if a plaintiff fails to follow the instructions in a motion to amend or amend the Complaint?
MultiRegion, United States of America
Can a restriction on the height of a house be interpreted as "not more than one storey in height"?
British Columbia, Canada
Can an employer be liable to a third person for their negligence in hiring or retaining an employee who is incompetent or unfit?
California, United States of America
What are the elements for the drug trafficking and possession of a firearm under section 924(c)(1) of the New York State Criminal Code?
MultiRegion, United States of America
What is the penalty of permission to surrender when a licensee is found guilty of misconduct?
Ontario, Canada
How does the Court of Appeal review a jury's award of damages in a motor vehicle accident case?
California, United States of America
Does a person have an absolute right to file a criminal complaint against a peace officer and always avoid prosecution under section 148.5?
California, United States of America
What is the test for a defendant to successfully appeal against a forfeiture condition in a personal injury case?
California, United States of America
What are solicitor and client costs?
Northwest Territories, Canada
What factors will determine the quantum of damages awarded in a motor vehicle accident case?
British Columbia, Canada
What is the effect of errors in a jury verdict in a civil case?
California, United States of America
What is the test for filing a notice of appeal under Bankruptcy Rule 8002?
MultiRegion, United States of America
Can a jury in a civil case overturn a conviction for failing to follow a jury instruction?
MultiRegion, United States of America
What is the "probable" standard for the use of the word "might" in the context of a new trial?
MultiRegion, United States of America
How has the statute of limitations been interpreted for a defendant to plead and prove timely commencement of the action?
California, United States of America
In what circumstances will a son and his mother be able to negotiate the sale of a piece of land?
Manitoba, Canada
What is the current state of the law on reporting under section 54 of the BC Workers’ Compensation Act?
British Columbia, Canada
What is the test for a defense of imperfect self-defense?
California, United States of America
What is the test for privilege in medical malpractice cases?
Saskatchewan, Canada
What is the standard of review on appeal from a Master to a judge?
Alberta, Canada
What is the test for admitting a statement by a defendant that he would like to kill someone?
California, United States of America
When will attorney fees be awarded to a claimant who wins remand based on a mistake by the Commissioner of Justice?
MultiRegion, United States of America
Can a restriction on the number of experts that can be called in motor vehicle cases be challenged?
British Columbia, Canada
In what circumstances will the court allow the defense counsel to argue that no jury charge can be given at trial because venue does not exist?
MultiRegion, United States of America
Does a Will need to be executed before or after the execution of the Will?
"New York", United States of America
What is the current state of the law for modifying and vacating orders of disposition?
"New York", United States of America
What is the difference between the circumstances in which the police interviewed a man in a hospital room and asked him to "be a man"?
California, United States of America
What is the test for making an "all in" offer under Rule 37 of the Rules?
British Columbia, Canada
Is a lawyer's failure to object during closing argument and opening statement within the wide range of permissible professional conduct?
MultiRegion, United States of America
What is the test for a court to exercise discretion in deciding whether or not to intervene in a civil matter?
British Columbia, Canada
How have the courts treated counsel's closing argument in closing arguments?
MultiRegion, United States of America
Does the exclusionary rule apply to police officers?
"New York", United States of America
What is the test for quantifying loss in a personal injury case?
British Columbia, Canada
What is the effect of Proposition 47 on a defendant who would have been convicted of a misdemeanor under Section 36 of the California Penal Code?
California, United States of America
Can a police officer create a special relationship with another officer?
California, United States of America
What is the test in Canada governing the application of Rule 19(24) of the "plain and obvious rule"?
British Columbia, Canada
In what circumstances will the prosecutor be held in contempt for questioning a witness as a hostile witness?
California, United States of America
When a defendant has never been charged or convicted of a sexual assault, can other criminal conduct be considered in the sentencing process?
MultiRegion, United States of America
What kind of jurisdiction does the governing legislation give to a decision-maker?
Manitoba, Canada
What is the standard of review of a Minister's decision to order a fugitive surrendered for extradition?
British Columbia, Canada
What is the test for a claim for indifference in a civil case?
MultiRegion, United States of America
Does a waiver of a trial by jury apply?
California, United States of America
In what circumstances will a plaintiff be found liable in tort for failing to provide a proper medical attention to the recipient of an inter vivos gift?
Saskatchewan, Canada
What is the test for a prosecutor's argument in a civil case?
MultiRegion, United States of America
Does the abuse of discretion standard apply to a ruling by the trial court on the admissibility of evidence?
California, United States of America
Does a general partner have authority to conduct litigation on behalf of the partnership?
California, United States of America
Does the tort of malicious prosecution stand against a plaintiff in a civil action?
California, United States of America
Is a judge or court administrator immune from monetary damages?
MultiRegion, United States of America
Is a defendant's failure to renew his motion for a new trial a waiver of an issue on appeal?
California, United States of America
Does the forfeiture rule apply under section 288.5(c) of the Criminal Code?
California, United States of America
Is res ipsa loquitur a separate component of the law in negligence actions?
Ontario, Canada
What is the standard of review applied by appellate courts in custody cases?
Ontario, Canada
Can a wife bring a civil action against her husband and two accounting firms while the husband is in a marital dissolution proceeding?
California, United States of America
Does a prisoner have a right to privacy in their cell?
MultiRegion, United States of America
Is a police officer's application for a warrant sufficient to compel a magistrate to issue a warrant for the arrest of a minor?
California, United States of America
Is fingerprint evidence in a state court admissible in a search and seizure case?
MultiRegion, United States of America
What is the test for accepting a witness’s evidence as generally credible?
British Columbia, Canada
What is the test for making a gang registration order?
California, United States of America
What is the test for restitutio in integrum?
British Columbia, Canada
What is the test for entering a person’s home without consent?
Alberta, Canada
What is the standard of review for obtaining a search warrant?
MultiRegion, United States of America
What is the statute of limitations for a breach of confidence action?
California, United States of America
Can a federal court dismiss an action as barred by the statute of limitations?
MultiRegion, United States of America
What is the test for a property owner to exercise eminent domain?
Alberta, Canada
What is the test for a federal judge's decision to depart from the sentencing of a convicted rapist?
MultiRegion, United States of America
What is the effect of the court's instructions to a jury in a multiple murder case?
California, United States of America
Does a defendant have a right to have the jury determine every material issue presented by the evidence?
California, United States of America
How have courts in Nova Scotia treated the offence of assault under the Criminal Code of Nova Scotia?
California, United States of America
What is the test for an action brought against respondent in an insurance case?
California, United States of America
What is the test for a relationship between a parent and child?
Ontario, Canada
Can directors of a railway company obtain an injunction to prevent the issue of shares?
Saskatchewan, Canada
In what circumstances can a cablegram be used to convey instructions to a proxy?
British Columbia, Canada
What is the standard of care of an off-duty police officer?
Ontario, Canada
Can a defendant withdraw a guilty plea under section 1018 of the Criminal Code?
California, United States of America
How have the courts considered a will that states that a testator can make a gift over where the beneficiary dies before actually getting in hand some or all of the gift?
Alberta, Canada
In what circumstances will a court grant interim spousal support in the face of a prenuptial agreement?
British Columbia, Canada
What is the test for determining whether a defendant has a right to an evidentiary hearing?
MultiRegion, United States of America
How have the courts interpreted the principle of "reasonable diligence" in assessing the facts of a claim?
Yukon, Canada
Can a defendant argue a preliminary point of law where the facts of a third party’s application have been denied?
Saskatchewan, Canada
Does Miranda have the privilege to be considered a witness in a jury trial for refusing to testify against a gang expert?
California, United States of America
Can a pension trust be terminated?
Ontario, Canada
What was said by Moore J. in the context of royalty agreements?
Alberta, Canada
Does the doctrine of last clear chance apply in a motor vehicle accident case?
California, United States of America
Can a personal representative assert the bar arising from failure to file or present a claim within the time prescribed by statute?
California, United States of America
What is the impact of a future or hypothetical possibility on the law in the context of the Court of Appeal?
British Columbia, Canada
What is the test for obtaining a search warrant from a reliable informant?
California, United States of America
Can a Minister of Transportation be held liable for damages caused by the construction of a highway on neighbouring land?
Nova Scotia, Canada
Does a statutory bar preventing an inventor from commercially exploiting their invention apply to a patent?
MultiRegion, United States of America
What is the effect of section 667.5 of the California Criminal Code on a convicted drug dealer?
California, United States of America
Is appellant a prevailing party in a corporate action brought by a partner in a partnership?
California, United States of America
Can a defendant appeal against his sentence under section 654 of the California Criminal Code for failing to comply with the requirements of the Court of Appeal?
California, United States of America
What is a state prisoner's right to access counsel at every critical stage of his criminal proceedings?
MultiRegion, United States of America
Is a defendant entitled to a jury trial in contempt of court?
MultiRegion, United States of America
What is the test for substantial evidence in a sexual assault case?
California, United States of America
What are the elements of a simple kidnapping charge?
California, United States of America
What is the burden of establishing a prima facie case in an employment discrimination case?
MultiRegion, United States of America
Does a parolee have a reasonable expectation of privacy under a search warrant?
California, United States of America
What is the meaning of the word "security" in the National Security Act?
MultiRegion, United States of America
Does the death penalty have to be used as a deterrent to the crime of robbery?
California, United States of America
Does a municipality have to make only documents available to the public before council finds support?
British Columbia, Canada
Does section 1203.4 of the California Criminal Code apply retroactively?
California, United States of America
What is the test for determining whether there is probable cause for arrest?
MultiRegion, United States of America
Does a judge have a constitutional basis to issue an order fixing bail for a defendant charged with first degree murder?
California, United States of America
What is the test for "unnecessary, scandalous, frivolous or vexatious" pleadings in Rule 9-5(1)?
British Columbia, Canada
Is there any case law where a party has been awarded double costs for failing to accept an offer that should have been accepted?
British Columbia, Canada
What is the relationship between the vested right to mine on the property and the restriction on expansion of a zoning ordinance?
California, United States of America
Can a statement of claim be struck out in negligence?
Manitoba, Canada
What relevant contingencies need to be considered in determining if a plaintiff has been diagnosed with dementia?
British Columbia, Canada
How have the courts treated contingent fees in a class action?
MultiRegion, United States of America
Can a fugitive be extradited to Canada and subject to Charter scrutiny?
Alberta, Canada
What is the test for establishing that a deed is in fee simple?
California, United States of America
What is the test for abuse of Section 2D1.1(b)(5)(A) of the US Civil Code of Civil Procedure?
MultiRegion, United States of America
Can a defendant be held liable for the deprivation of a person's constitutional rights in a civil case?
MultiRegion, United States of America
Does a state substantive law in the guise of an evidentiary rule apply?
MultiRegion, United States of America
Is a child of a university degree student entitled to support if they attend post-secondary programs?
Ontario, Canada
Does the Court of Appeal have any authority to intervene in a case where damages have been awarded in negligence?
British Columbia, Canada
What is the test for determining whether a victim's movement is incidental to the underlying crime?
California, United States of America
What is the legal context for a determination of a parent's best interest in a child by a judge in a custody application?
Saskatchewan, Canada
What are the grounds for reconsideration of a severance decision made in July 10, 2007?
British Columbia, Canada
What is the test for determining whether a defendant committed a lesser included crime?
California, United States of America
What is the test for determining whether the intent to steal was motivated by fear or wrongful intent?
California, United States of America
What is the test for appellate review of a motion to suppress?
California, United States of America
