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 plaintiff to be able to sue her employer for sexual harassment?
MultiRegion, United States of America
Does a mistake of fact under section 1577 of the California Civil Code apply against a property owner who signed an agreement to pay off all liens and encumbrances against the property?
California, United States of America
What are the elements of a criminal street gang indictment?
California, United States of America
What is the effect of failing to advise a defendant that by admitting to an alleged prior he gave up his right against self-incrimination?
California, United States of America
What is the Attorney General's argument that the instruction on 'bone fracture' was helpful and proper?
California, United States of America
What is the test for reasons for judgment?
British Columbia, Canada
Can a defendant who pleaded no contest to a charge of assault have an appeal against the sentence imposed on her?
California, United States of America
What is the test for an award for loss of housekeeping capacity?
British Columbia, Canada
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony?
California, United States of America
What is the test for transferred intent in a murder case?
California, United States of America
Does a gang expert have to prove a crime is gang related?
California, United States of America
What is the test for a first degree murder?
California, United States of America
What is the legal test for 'knowledge' of a crime?
California, United States of America
Does a finding of incompetence justify a single plea of not guilty by reason of insanity?
California, United States of America
Under what circumstances must a defendant be found to have violated his probation?
California, United States of America
Can a doctor be held responsible for an accident?
British Columbia, Canada
What is the test for independent review on appeal?
California, United States of America
How can a loss of future earning capacity be quantified?
British Columbia, Canada
What is the test for insufficient evidence under section 924(c) of the Criminal Code?
MultiRegion, United States of America
Under what circumstances will the trial court refuse to interview the witness in question?
California, United States of America
What is the test for a party to obtain a right to inspect a property?
Ontario, Canada
What is the effect of a substitution of attorney on a motion for defendants' fees?
California, United States of America
What is the obligation of a husband to provide support for his wife after he dies?
"New York", United States of America
Is a share purchase agreement dated October 10, 1991?
Alberta, Canada
How have courts treated questions of law in the context of litigation?
MultiRegion, United States of America
Does a plea entered voluntarily constitute an involuntary or induced plea?
MultiRegion, United States of America
Can a sovereign entity sue after the limitations period has run?
"New York", United States of America
In what circumstances will a defendant raise a flesh-and-blood defense at trial?
California, United States of America
Can a defendant be convicted and sentenced for both grand theft and burglary?
California, United States of America
What is the limitation on argument by the defense in the closing argument?
California, United States of America
What is the test for setting up an unliquidated claim in defense?
California, United States of America
What is the case law on "pragmatic and functional approach" in medical malpractice cases?
Manitoba, Canada
Is the evidence sufficient to support a finding of first degree murder based upon the theory of felony murder?
California, United States of America
What is the test for presenting a complete defense at trial?
California, United States of America
Are statements in the fifth cause of action liable for defamation?
"New York", United States of America
What is the current state of the law on hypothetical questions?
California, United States of America
Can a defendant be held liable for involuntary manslaughter?
California, United States of America
Can a motion to amend be considered as if it was abandoned because counsel failed to make a written amendment to the complaint?
California, United States of America
What is the test for determining cause in a motor vehicle accident?
California, United States of America
When can a third party become a government agent for the purposes of the entrapment defense?
MultiRegion, United States of America
How have the courts dealt with objections from husband and wife in a divorce case?
California, United States of America
What is the test to determine whether there was reasonable and probable cause for arrest?
Ontario, Canada
What is a joint bank account for the purposes of real property?
British Columbia, Canada
What is the test for ineffective assistance in a civil case?
California, United States of America
Can a prosecutor comment on a defendant's decision not to testify at trial?
MultiRegion, United States of America
Is a search conducted by a private person a private search?
MultiRegion, United States of America
If a jury accepts that some of the challenged photographs were of limited probative value and should have been excluded by the trial court, would this be a mistake?
California, United States of America
Can a government official be held liable for defamatory statements made under section 1983 of the California Civil Code?
MultiRegion, United States of America
Does Section 667.6, subdivision (c) of the California Code of Criminal Procedure apply to determine whether two sex crimes occurred on the same occasion?
California, United States of America
What is the legal test for granting qualified immunity to a law enforcement officer?
MultiRegion, United States of America
Does a plaintiff have an inadequate claim for municipal liability based on failure to train?
MultiRegion, United States of America
What is the difference between a dangerous weapon and a deadly weapon?
California, United States of America
Is a search of effects obtained from a defendant's person incident to his arrest?
California, United States of America
Does a jury need to agree on the theory of guilt?
California, United States of America
What is the test for a sentencing judge to determine a sentence based on an incorrect portion of the presentence report?
MultiRegion, United States of America
What is the effect of a failure to instruct on a lesser included offence?
California, United States of America
What is the test for a defendant to repudiate a contract for reducing its construction costs?
British Columbia, Canada
What is the fundamental requirement of due process in civil litigation?
California, United States of America
What is the test for a habeas corpus application?
British Columbia, Canada
Is there any case dealing with the duty of an insurer to indemnify an insured?
British Columbia, Canada
How has the BC Supreme Court in BC considered the definition of an indivisible injury?
Ontario, Canada
What is the test to determine whether a plaintiff has an impairment that limits their ability to work?
MultiRegion, United States of America
Is a plaintiff's final payment of insurance proceeds indicating that the contract should be construed to include a permanent portability concept?
British Columbia, Canada
What is the test for a motion to vacate a judgment against a defendant who has been defrauded by his attorney?
California, United States of America
Does a bargaining agent have a valid reason to delay filing a grievance?
Canada (Federal), Canada
Does the Attorney General have a claim that the trial court erred reversibly in failing to admonish the jury at each adjournment?
California, United States of America
If an appeal from a justice of the peace has been appealed to the wrong court, can the appeal be dismissed?
Saskatchewan, Canada
What are the elements of a negligent misrepresentation claim?
California, United States of America
How have courts interpreted the confrontation clause in a civil case?
MultiRegion, United States of America
What criteria must be considered when reviewing an order for a civil jury trial?
Alberta, Canada
What is the definition of “total disability” in the context of Section 80(1) of the BC Insurance Act?
British Columbia, Canada
Does a sentencing court have a duty to impose the punishment prescribed by law?
California, United States of America
What is the test for a frivolous complaint?
MultiRegion, United States of America
How has the Attorney General dealt with a defendant's challenge to the restitution fine?
California, United States of America
What is the test for malice in a murder case?
California, United States of America
What is the impact of having to be a primary carer for two young children with mental health and learning disabilities on their employment prospects?
Alberta, Canada
How have courts considered a "property interest" in a performance review?
MultiRegion, United States of America
What is the statute of limitations for childhood sexual abuse claims?
California, United States of America
How has the Court dealt with appellant's claim of cumulative error?
California, United States of America
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction?
California, United States of America
What factors must the court consider in deciding whether to grant a solicitor removal motion?
Ontario, Canada
What is the test for a jury to return a verdict on a charged crime and its lesser included crime?
California, United States of America
What is the impact of a court's failure to make findings in a statement of decision?
California, United States of America
What are the elements of a legal malpractice action?
California, United States of America
Does the majority of the Court of Appeal have any concerns about the risk of misidentification due to the lapse of time between a police undercover officer's spontaneous identification of defendant at the drug sale site before he was arrested?
"New York", United States of America
What are the implications of a summary judgment or summary trial?
British Columbia, Canada
What is the test for admitting evidence that breaches section 24(2) of the Charter?
Alberta, Canada
Does a notice of driving prohibition have to be considered by an adjudicator?
British Columbia, Canada
What is the effect of the Court of Appeal's interpretation of the doctrine of reasonable doubt on minor criminal charges?
MultiRegion, United States of America
What constitutes a "major participant" in a crime?
California, United States of America
What is the current state of the law on excluded evidence in criminal cases?
California, United States of America
What is the test for a person to be found guilty of manslaughter for killing in imperfect defense of others?
California, United States of America
Is a denial of a right to a fair hearing invalid?
Canada (Federal), Canada
Does Section 654, subdivision (a) of the California Criminal Code apply to punish a defendant for more than one violation arising out of an act or omission?
California, United States of America
What is the test for overturning a finding of admissibility of evidence on appeal?
California, United States of America
Is there any case law where a delay in applying for probate has been successful?
British Columbia, Canada
Can a direct perpetrator of a crime be convicted of first degree murder under the natural and probable consequences doctrine?
California, United States of America
Is a purchaser's agreement to forfeit a deposit directly to the vendor if a land sale transaction does not complete?
British Columbia, Canada
Does the Attorney General have any authority to admonish a defendant on grounds of prosecutorial error or misconduct?
California, United States of America
What is the standard of review in the context of the natural and probable consequences doctrine?
California, United States of America
What is the test for reweighing evidence in the context of the Fourth Amendment?
California, United States of America
How much time can a police officer stop a motorist for a traffic violation?
California, United States of America
What is the scope and method of voir dire in a civil case?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the current state of the law in relation to communications between solicitor and client?
British Columbia, Canada
Can patent unreasonableness be considered in the context of a section of legislation?
British Columbia, Canada
What is the current state of the law in BC when dealing with a human rights complaint?
British Columbia, Canada
How have Attorney Defendants in the Trust Litigation argued that the Petition for breach of trust and removal was filed and pursued in bad faith?
California, United States of America
Does the court have to release juror addresses and telephone numbers to the defense?
California, United States of America
What constitutes deliberation and premeditation in a murder case?
California, United States of America
What is the duty of a support recipient to become self-supporting?
Ontario, Canada
What is the test for a defendant to challenge the determination of the amount of damages awarded to a victim at a victim restitution hearing?
California, United States of America
What is the legal test for an interlocutory injunction?
Ontario, Canada
What are the circumstances in which a purchaser defrauds vendors?
Ontario, Canada
Does the prosecutor's closing argument constitute misconduct?
California, United States of America
What is the test for establishing that a suspect has a right to counsel?
California, United States of America
Can a lawyer be suspended or fined for breaches of the Rules of Civil Procedure for failing to inform or advise a client of settlement proposals?
British Columbia, Canada
What is the test for injunctive relief for abuse of power?
California, United States of America
What is the test for implied malice in the description of a first degree felony murder?
California, United States of America
Does the term "economic losses" apply to medical malpractice?
California, United States of America
What authorities respect the effect of a person's age on a damage award?
Alberta, Canada
What are the principles that guide the assessment of damages for loss of earning capacity?
British Columbia, Canada
What is the test for divorce when a spouse is found guilty of a condoned matrimonial offence?
Saskatchewan, Canada
What is the test for "full, free and informed thought" in the context of a property transaction?
British Columbia, Canada
Does a plaintiff have a reasonable expectation of privacy in his desk?
MultiRegion, United States of America
What is the duty of a correctional employee to search for criminal records?
California, United States of America
What are the consequences of false arrest and malicious prosecution on a plaintiff in a civil case?
MultiRegion, United States of America
What is the test for a constructive trust under the Limitation Act?
British Columbia, Canada
What level of jurisdiction does the federal government have to review and approve the Condominium Plan?
Alberta, Canada
Does a defendant have a right to recover from a plaintiff in a claim for damages arising out of a breach of a lease?
Alberta, Canada
What is the test for reversal of a finding of insufficient evidence?
California, United States of America
What is the test for making a "decision" or "choice" by an employee with final policymaking authority?
MultiRegion, United States of America
Does a challenge to an affidavit supporting the issuance of a search warrant require a Franks hearing?
MultiRegion, United States of America
What is the test for determining whether a motion for divorce can be relied upon solely on affidavits and evidence submitted by the parties?
MultiRegion, United States of America
What is the test for proving an issue of fact?
British Columbia, Canada
What is the test for value of domestic services under the Divorce Act?
Ontario, Canada
Does a police interview a person who was the focus of a criminal investigation need to be in custody?
California, United States of America
Can a jury error be harmless beyond a reasonable doubt?
California, United States of America
What is the test for excluding prejudicial or prejudicial evidence in a sexual assault case?
California, United States of America
What is the test for accepting a plea of guilty under Rule 11(c)(1) of the Criminal Code?
MultiRegion, United States of America
Is a beneficial interest in a rental property held by a corporation?
British Columbia, Canada
What is the effect of an application for a sealing order and a publication ban respecting certain information and material?
British Columbia, Canada
What is the current state of the law on the doctrine of "indirect fraud"?
California, United States of America
What is the test for a parent to have a claim against their child?
Nova Scotia, Canada
Can a judge order the removal of a lawyer who has been found to be incompetent?
California, United States of America
What is the test for credibility in a refugee application?
Canada (Federal), Canada
What is the test for a defendant to establish murder by lying in wait?
California, United States of America
Does plaintiff have a claim under the Eighth Amendment?
MultiRegion, United States of America
Does plaintiff have to prove that they have been negligent in moving the case forward?
California, United States of America
How has section 654 of the California Criminal Code been interpreted in the context of an individual forgery and an individual attempt to extortion?
California, United States of America
What is the legal test for awarding attorney's fees in a personal injury action?
MultiRegion, United States of America
What is the test for determining whether a federal error was found to be harmless beyond a reasonable doubt?
California, United States of America
What is the test for determining whether the absence of a mitigating factor constitutes an aggravating factor?
California, United States of America
What is the current state of the law on prejudice under section 352 of the Alberta Evidence Code?
California, United States of America
Does law enforcement violate appellant's Sixth Amendment right to counsel when he was placed in the holding cell because he had not been charged with murder?
California, United States of America
Is poverty a sufficient reason to delay access to the courts?
California, United States of America
Can an attorney exercise his power of attorney for his own benefit?
British Columbia, Canada
What is the test for providing an implied indemnity in a medical malpractice case?
California, United States of America
Can a witness give an opinion on a defendant's guilt?
California, United States of America
What is the test for a "aider and abettor" to be convicted of a specific intent crime?
California, United States of America
What is the effect of losing an appeal?
Saskatchewan, Canada
What is the current state of the law on sexual conduct?
"New York", United States of America
What is the test for determining when a police officer, although not on duty, has acted under color of state law?
MultiRegion, United States of America
Does the "totality of the circumstances" in determining whether a jury was coerced into reaching a guilty verdict?
MultiRegion, United States of America
What is the test for an abuse of discretion when the trial court's ruling in a case of consolidation for the purposes of the consolidated pleading?
California, United States of America
In what circumstances will the court rely on circumstantial evidence in a murder case?
"New York", United States of America
What is the burden of establishing that a complainant has a reasonable chance of success in her claim of sexual assault?
British Columbia, Canada
What is the test for unanimous agreement on a jury's verdict in a murder trial?
California, United States of America
Is the maximum sentence for possession with intent to distribute marijuana disproportionate in violation of the eighth amendment?
MultiRegion, United States of America
Does the Information Commissioner have the authority to determine that an "incredible witness" was credible?
MultiRegion, United States of America
Can a lawyer be reprimanded for offensive correspondence that is inconsistent with the proper tone of professional communication?
Ontario, Canada
What is the test for a judge to grant probation to a defendant on a charge of assault with intent to pervert the course of justice?
California, United States of America
Is there an award for employment prospects for an unemployed plaintiff?
Manitoba, Canada
Can a tenant obtain attorney's fees under section 234 of the Ontario Lease Act?
"New York", United States of America
Does appellant waive his right to object to impeach his credibility by testifying himself about a guilty plea to a state court drug charge?
MultiRegion, United States of America
Does a defendant have a mental health condition that has no relation to the crime to which he pled?
California, United States of America
Does a jury need to have conversations with their wives?
MultiRegion, United States of America
What are the principles of capacity to earn income under the BCJ?
British Columbia, Canada
Can a police dog sniff a parked car?
MultiRegion, United States of America
Does section 3.3(2) of the California Criminal Code (i.e. Section 3.4) allow offenders to continue to receive conditional discharge credits while awaiting sentence?
California, United States of America
When will a court decline jurisdiction on the basis of forum selection?
British Columbia, Canada
What is the standard of review for a motion to dismiss a motion for contempt of court?
California, United States of America
What is the test for admitting a criminal defendant's prior conviction?
California, United States of America
Is a void judgment or order set aside under the abuse of standard?
California, United States of America
Can a defendant request access to juror identifying information from a jury?
California, United States of America
What is the test for determining residency in Canada?
Canada (Federal), Canada
Can Rule 12(b)(6) dismissal be based on either a lack of cognizable legal theory or the absence of sufficient facts?
MultiRegion, United States of America
What is the test for determining whether a toy gun was used in a robbery?
California, United States of America
Does a defendant have a right to raise the inadequacy of the Miranda warnings?
California, United States of America
What factors are considered in assessing non-pecuniary damages?
British Columbia, Canada
What is the test for determining whether a defendant has the capacity to pay a $1,000 fine?
California, United States of America
Does an instruction allowing the jury to credit or reject an inference "based on its evaluation of the evidence" relieve the People's burden of establishing guilt beyond a reasonable doubt?
California, United States of America
What is the test for waiving a statute of limitations defense?
California, United States of America
What are some cases where we have dismissed or dismissed as untimely appeals from an order of the trial court?
California, United States of America
How have courts treated statements of alleged accomplices and coconspirators under oath in a criminal case?
California, United States of America
Can a municipality or other governmental body be sued as a "person" under Section 1983 of the Federal Rights Act?
MultiRegion, United States of America
Can a material change in circumstances be considered in a custody application?
Ontario, Canada
Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal?
California, United States of America
What is the test for admitting evidence of bad character?
Manitoba, Canada
What is the test for establishing substantial evidence of third person involvement in the crime?
California, United States of America
