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 elements of a discharge of a firearm from a motor vehicle?
California, United States of America
What is the burden of proof for a plaintiff in a personal injury action?
British Columbia, Canada
What is the definition of a pinpoint instruction in a personal injury case?
California, United States of America
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court?
MultiRegion, United States of America
Does a plaintiff have a reasonable expectation of privacy in his desk?
MultiRegion, United States of America
What is the test for an inmate to bring an amended complaint against the California Department of Justice?
MultiRegion, United States of America
Is there any evidence that a police officer was wearing a distinctive uniform at the time of a pursuit?
California, United States of America
Can a visa officer assess an applicant according to all three options when the applicant chooses to apply under only one of them?
Canada (Federal), Canada
In what circumstances will a relator be able to obtain a writ of habeas corpus and a prohibition against trying a defendant upon a Grand Jury indictment?
"New York", United States of America
In what circumstances will a cartage agent be held liable for the loss of a trunk?
Saskatchewan, Canada
Is there any case law or case law relating to division of proceeds from a commercial property?
Manitoba, Canada
When can a defendant assert self-defense?
California, United States of America
Is a bankruptcy judge required to uphold fact findings?
federal, United States of America
What is the test for determining whether there is cause of proximate causation in a motor vehicle accident?
MultiRegion, United States of America
What is the current state of the law on freedom of expression in the public service?
Alberta, Canada
What is the current state of the law on interest in a personal injury action?
British Columbia, Canada
What is the test for having an interpreter at a hearing?
Ontario, Canada
Is persuading or encouraging another person "to become a prostitute" a violation of section 266i(a)(2) of the California Penal Code?
California, United States of America
Can a defendant have a 40-minute discussion with counsel regarding jury instructions prior to a hearing on jury instructions?
California, United States of America
What is the "condition" of a marriage?
British Columbia, Canada
Does the prosecution have a duty to disclose to the defense the existence of a beer bottle containing a defendant's shoe print before trial?
California, United States of America
Can a plaintiff maintain a cause of action for negligence?
California, United States of America
Can a litigant who is expecting a child move on an interim basis and the birth of the child is imminent?
Ontario, Canada
Is there any case law in which a prosecution characterized an attorney's closing argument as "highly inflammatory and improper in many respects"?
California, United States of America
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing?
MultiRegion, United States of America
Is a Subscription Agreement binding on a mortgage syndicate to repay a loan?
Ontario, Canada
What is the impact of the Three Strikes law on a defendant's recidivist history?
California, United States of America
What are the elements of a demurrer?
California, United States of America
Does a parent's failure to satisfy at least one of the three requirements mentioned in s. 69(5) of the BC Solicitor’s Complaint to Relocation Proposals?
British Columbia, Canada
In what circumstances have courts described the scope of a medical malpractice case as "wide" and indicated that a patient should not be disturbed?
MultiRegion, United States of America
What is the purpose of the business records exception to the hearsay rule?
California, United States of America
Does admitting to sexual misconduct violate due process?
MultiRegion, United States of America
What is the test for independent legal advice?
Nova Scotia, Canada
What is the test for dissent from the Court of Appeal when it comes to determining whether a defendant has been found guilty of contempt of court?
"New York", United States of America
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass?
British Columbia, Canada
What is the scope of the defence's access to the affidavit supporting the application for an authorization to wiretap?
British Columbia, Canada
What is the test for determining whether an unintended crime was a natural and probable consequence of the common design?
California, United States of America
What is the law on prosecutorial misconduct for abuse of power?
California, United States of America
What is the effect of a court's refusal to permit the filing of a second amended complaint?
California, United States of America
What is the test for determining when a common-law couple have separated?
Newfoundland and Labrador, Canada
What are the elements of a retaliation claim?
British Columbia, Canada
In what circumstances will a court refuse to order the private portion of a plaintiff's Facebook account?
Ontario, Canada
Does section 422 of the California Civil Code have to be interpreted as "unreasonable" or "unenforceable"?
California, United States of America
What is the test for re-reading testimony in a personal injury case?
MultiRegion, United States of America
Can a defendant withdraw his plea at a different judge for sentencing?
California, United States of America
Is a client entitled to a motion to disqualify opposing counsel?
California, United States of America
What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff as a result of negligence?
MultiRegion, United States of America
How have courts interpreted ambiguity in criminal legislation?
California, United States of America
What is the test for making a credible threat in a stalking case?
California, United States of America
What is the practical impact of a modified procedure in a personal injury case?
Ontario, Canada
What is the test for a revocation of a license?
Ontario, Canada
Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims?
California, United States of America
What is the test for determining whether a sexual assault was committed under duress?
California, United States of America
Does a district court's decision on a writ of habeas corpus need to be reviewed de novo?
MultiRegion, United States of America
Can a person who is on disability benefits be deemed to be unemployable?
Ontario, Canada
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition?
California, United States of America
Does the crime of mayhem require deliberation or premeditation?
California, United States of America
What is the test for determining whether a plaintiff has a thin skull or crumbling skull injury?
British Columbia, Canada
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction?
MultiRegion, United States of America
In what circumstances will the exclusionary rule be applied to quash or suppress a search warrant?
California, United States of America
When a tip-off indicates there is evidence of gambling taking place in the passenger compartment of a car, can police arrest the occupants for gambling?
California, United States of America
When can a plaintiff recover a judgment within the jurisdictional limit for a limited civil or small claims action?
California, United States of America
What is the test for determining whether there is sufficient evidence to support a jury's finding?
California, United States of America
Is there any evidence relating to an alleged verbal agreement?
Nova Scotia, Canada
What is the test for whether a flyer promotes hatred?
Ontario, Canada
What is the test for a jury to be found guilty of an error in jury instructions?
California, United States of America
Is a negligent failure to perform a laboratory test immune as an exercise of professional judgment pursuant to section 820.2?
California, United States of America
What is the test for rejecting a witness's testimony in a criminal case?
California, United States of America
What is the standard of review required for a motion to remove a person from a jury?
MultiRegion, United States of America
What is reasonable wear and tear in a house?
Manitoba, Canada
What is the test for obtaining a continuance in a criminal case?
California, United States of America
Is a failure to instruct a jury on criminal negligence a harmless beyond a reasonable doubt?
California, United States of America
What is the test for a defense counsel to argue to the jury after the final instruction has been given?
California, United States of America
What is the appellant's burden to provide the record at the trial?
California, United States of America
Can a plaintiff recover a deficiency arising after sale?
Saskatchewan, Canada
What is the test for the Fourth Amendment contention?
California, United States of America
Can a subsequent legal malpractice action be successful because of the error by the underlying trial court?
California, United States of America
Can a witness be held in contempt if he refuses to testify before a grand jury?
MultiRegion, United States of America
What is the requirement of knowledge for an allegation of personal possession?
Ontario, Canada
Does inconsistency between a statement of decision and a permanent guardianship order invalidate the order?
California, United States of America
Is a judge immune from liability in a civil action brought against him?
MultiRegion, United States of America
What is the value of a settlement in the class action?
MultiRegion, United States of America
What is the test for second degree murder?
California, United States of America
Is the Adam Report admissible for judicial review purposes?
British Columbia, Canada
Does a toy gun qualify as a firearm?
California, United States of America
Is there any case law or case law in which an appeal from a decision refusing approval of an infant settlement is successful?
British Columbia, Canada
What discretion does the BCSC have to allow an undisclosed witness to be added to the witness list?
British Columbia, Canada
Can the Attorney General undertake an undercover investigation under section 1103(a) of the Criminal Code?
MultiRegion, United States of America
What factors will a court consider in determining the seriousness of a sexual assault charge?
MultiRegion, United States of America
Is there any case law in which a defendant has been found guilty of a charge of contempt of court for failing to attend a hearing?
MultiRegion, United States of America
How have courts interpreted section 818.8 and 822.2 of the California Family Law Code on deceit?
California, United States of America
What is the test for a defendant to have standing in a Fourth Amendment civil case?
California, United States of America
What is the definition of a fiduciary relationship in bankruptcy law?
federal, United States of America
Can a waiting time penalty be awarded without an express finding in the special verdict that the failure to pay was willful?
California, United States of America
What is the state of the law in relation to capacity, and is there any case law where capacity is not a factor?
Canada (Federal), Canada
What is the difference between the retirement method and the termination method?
Ontario, Canada
What is the test for unanimous verdict in a motor vehicle case?
California, United States of America
What is the current state of the law regarding the right to identify and transfer exercise yard inmates from an integrated exercise yard?
MultiRegion, United States of America
What are the causes of action for trespass, nuisance and violation of the rule in Rylands v Fletcher v Fletcher?
British Columbia, Canada
Does a court have discretion to deny leave to amend a motion where plaintiff has previously amended the complaint?
MultiRegion, United States of America
When will a jury be found to have prejudiced in a criminal case?
MultiRegion, United States of America
What is the current state of California Labor Code version of retaliation against an employee who reports to a government agency?
California, United States of America
Is a plaintiff entitled to attorney's fees in civil rights litigation?
MultiRegion, United States of America
Can qualified privilege apply to a plaintiff at an election forum?
British Columbia, Canada
Can a claim be struck pursuant to R. 19(24) of the Rules of Civil Procedure, or is it a frivolous and vexatious proceeding?
British Columbia, Canada
Is there any case law where defense counsel made no objection based on prosecutorial misconduct or request that the jury be instructed about late discovery?
California, United States of America
What is the current state of the law on sentencing in civil cases?
MultiRegion, United States of America
Can a witness be impeached with a conviction that necessarily involves moral turpitude?
California, United States of America
What are the requirements for an amended complaint to identify as defendant only persons who personally participated in a substantial way in depriving a plaintiff of a federal constitutional right?
MultiRegion, United States of America
What is the impact of a police enforcement of a parenting order on a child?
Ontario, Canada
What is the test for establishing the truth of a gang allegation?
California, United States of America
What is the test for drafting a statement of claim in a civil action?
British Columbia, Canada
What are the costs of a motion requiring a plaintiff to plead and pursue spoliation and punitive damages?
Ontario, Canada
What is the legal test for dismissing an action in furtherance of justice?
California, United States of America
What is the legal test for the weight and effect of expert testimony in a criminal trial?
California, United States of America
Can a Minister refuse to make a surrender order under s. 44(1)(a) of the Criminal Code?
British Columbia, Canada
Is reading the body language of a witness part of the evidence in a case?
California, United States of America
Is there a cause of action for breach of natural justice or statutory breach?
Ontario, Canada
What is the test for cross-complaint?
California, United States of America
Does a plaintiff have to apply for a medical marijuana prescription under the California Medical Cannabis Act?
California, United States of America
Does an alleged imminent danger of serious physical injury qualify for forma pauperis?
MultiRegion, United States of America
What is the effect of an unlawful detainer action on the underlying case?
California, United States of America
How have the courts in the Republic of Ireland dealt with allegations of human trafficking in the past?
Ontario, Canada
How have the courts treated the issue of territorial competence?
British Columbia, Canada
What is the test for standing to challenge a traffic stop search and seizure?
California, United States of America
What is the standard of review for a motion of appeal against a Deputy First Minister's conduct?
California, United States of America
Can a jury find a defendant guilty of first degree felony murder based on the predicate felony of sodomy?
California, United States of America
Does the court have jurisdiction or residual discretion to prevent misuse of the court’s procedure?
British Columbia, Canada
What is the test for battery in medical malpractice cases?
California, United States of America
What is the scope of the second prong of the California Gang Violence Act when it refers to "any criminal conduct by gang members"?
California, United States of America
What is the test for evidence of past misconduct in a criminal case?
California, United States of America
In a personal injury action, does the court have authority to define a mental state?
California, United States of America
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error?
California, United States of America
Is a lawyer entitled to recover for services rendered on a quantum meruit basis if the contingency fee agreement under review is terminated?
British Columbia, Canada
Can an action be split between tort and equity for breach of fiduciary duties?
Ontario, Canada
What is the consequence of multiple offers being made by the same parties?
British Columbia, Canada
Can a plaintiff amend their complaint to state a different cause of action?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the effect of mitigation of misconduct offered by an attorney in mitigation of the misconduct?
California, United States of America
Does a series of trial errors rise by accretion to the level of prejudicial error?
California, United States of America
Can collateral benefits be deducted from a plaintiff's claim?
Nova Scotia, Canada
What is the proper remedy on appeal for a motion to remand the case to the trial court?
California, United States of America
Can a tortfeasor benefit from the sacrifices made by a plaintiff in obtaining private insurance to provide for lost wages?
British Columbia, Canada
What is the burden of a review of a recommendation of the California Medical Board?
California, United States of America
Is there any case law in which a defendant consented to a motion to dismiss a charge?
MultiRegion, United States of America
What is the effect of a change in ownership of a strata lot that occurs during the decision process?
British Columbia, Canada
Can a motion for summary judgment be discontinued if a draft discovery plan is approved?
Ontario, Canada
How have courts dealt with allegations of fraudulent vehicle registration and forged certificate of title in criminal cases?
California, United States of America
What is the meaning of a trust agreement where the beneficiary of the trust is denied or denied a right reserved to himself by the trustor?
California, United States of America
How much time has been spent by opposing counsel on a plaintiff's claim?
Ontario, Canada
Can a defendant seek use immunity for a witness?
MultiRegion, United States of America
Can we review a district court's decision not to depart?
MultiRegion, United States of America
What is the impact of a long-term marriage on the provisions of the Marriage and Divorce Act?
Ontario, Canada
Is it prejudicial error to instruct the jury to consider all material evidence in the context of sexual assault?
California, United States of America
Can a contractual attorney's fee provision allow the prevailing party to recover attorney's fees in a non-contractual or tort action?
California, United States of America
What is the test for admitting an amended complaint?
California, United States of America
What is the test for adjudication that a settlement was made in "good faith" under Code of Civil Procedure section 877 and 877.6?
California, United States of America
Does a promissory note have to be held in order to initiate a foreclosure?
MultiRegion, United States of America
When will a motion to dismiss for lack of subject matter jurisdiction be dismissed?
MultiRegion, United States of America
When a witness testified that he was not truthful at all but at all at the time of the alleged assault, is it a perjury?
MultiRegion, United States of America
What is the argument that defense counsel made an unreasonable tactical choice not to call other neighborhood children as witnesses at trial?
California, United States of America
Can a doctor who has acted in accordance with general and approved practice defend against a claim of negligence?
Alberta, Canada
What is the effect of a procedural error in sentencing a convicted rapist who is unable to make restitution to his victims?
MultiRegion, United States of America
What is the test for common sense in the context of the reasonable doubt standard?
California, United States of America
Can a strata corporation bring an action for breach of the terms of its Bylaw 4 agreement against Winchester?
British Columbia, Canada
What is the test for automatic reversal for violations of the right to effective assistance of counsel?
MultiRegion, United States of America
What is the test for in-chambers review of a police officer's personnel records?
California, United States of America
What is the scope of expert testimony in a medical malpractice case?
California, United States of America
What is the impact of delay in determining a claim against an employee benefit company?
Alberta, Canada
What is professional misconduct in law and law?
British Columbia, Canada
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity?
California, United States of America
What is the test for discrimination in s. 15(1) of the Charter?
Alberta, Canada
What is the test for exclusion of evidence in a sexual assault case?
California, United States of America
Is a motion for dismissal without leave to amend appropriate?
MultiRegion, United States of America
Does section 13967, subdivision (c) of the California Motor Vehicle Accident Act exclude insurers from making restitution to the City?
California, United States of America
What is the effect of a Mareva injunction on the assets of a plaintiff?
British Columbia, Canada
What is the test for a motion to amend a civil rights complaint brought by a plaintiff who has appeared pro se in civil rights proceedings?
MultiRegion, United States of America
What is the burden of establishing that a complaint has no reasonable prospect of success?
British Columbia, Canada
If there is no genuine issue requiring a trial, can summary judgment be granted?
Ontario, Canada
Is there any case law where the respondent failed to provide a full and proper financial disclosure to the claimant?
British Columbia, Canada
What is the contribution of a father to his son's post-secondary education costs?
Ontario, Canada
What is the effect of off-setting claims on a garnishing order?
British Columbia, Canada
Does a defense counsel have ineffective assistance by declining to lodge a futile objection?
California, United States of America
What is the test for a claim of ineffective assistance of counsel on appeal?
MultiRegion, United States of America
What is the test for a motion to suppress?
California, United States of America
Can self-represented parties be awarded costs in a personal injury case?
Ontario, Canada
What is the test for reviewing an exhibit in a personal injury case?
California, United States of America
What are the elements of mens rea and actus reus?
California, United States of America
Can a motion for reconsideration be reviewed for abuse of power?
MultiRegion, United States of America
What is the test for excluding evidence of only "slight probative value" from cross-examination regarding a charge of assault?
California, United States of America
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun?
California, United States of America
Is there any case law that supports the argument that identification of a crime scene prior to the crime scene is more accurate than later?
California, United States of America
What is the test in which a plaintiff must prove that there is a real and substantial possibility of future event leading to income loss?
British Columbia, Canada
What is the test for a fiduciary relationship between a registered investment dealer and a client?
Ontario, Canada
Does the prison mailbox rule apply to pleadings filed in both state and federal courts?
MultiRegion, United States of America
Does a failure to raise at sentencing at sentencing render trial counsel ineffective?
MultiRegion, United States of America
What is the impact of COVID-19 on our courts?
Ontario, Canada
What is solicitor-client communication privilege?
Ontario, Canada
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial?
California, United States of America
Does the Respondent have to pay his own costs in a personal injury case?
Ontario, Canada
