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 legal test for a motion to suppress, and what is the test for the Fourth Amendment?
California, United States of America
In an action brought by a plaintiff, who was denied a modification application under HAMP guidelines by Bank of America, does the later foreclosure result in wrongful foreclosure?
California, United States of America
What is the state of the law on undue influence?
"New York", United States of America
In what circumstances will the police ask Oba to consent to an x-ray examination?
MultiRegion, United States of America
What is the test for intent to murder?
California, United States of America
What is the legal test for a claim-of-right defense?
California, United States of America
How have courts dealt with disclosure of witness statements in a sexual assault trial?
California, United States of America
What is the test for the adequacy of a jury trial waiver?
MultiRegion, United States of America
Does attorney-client privilege apply to communications between a client and an administrative professional?
California, United States of America
Does a city council's approval of a ban on same-sex marriage constitute a constitutional violation?
MultiRegion, United States of America
What is the test for section 654 of the California Code of Civil Procedure?
California, United States of America
How have courts interpreted the law of insanity in the context of a jury trial?
California, United States of America
Is a statement made during a police interrogation of a person in custody in an assault case in which the police have advised the person of their right to remain silent?
California, United States of America
What are the leading authorities on double costs due to a party's rejection of an offer to settle?
British Columbia, Canada
What is the duty of the court on a motion where the Master's findings are challenged?
Manitoba, Canada
What is the test for coercive testimony in a sexual assault case?
California, United States of America
What is the test for appealability in the context of a writ of habeas corpus?
MultiRegion, United States of America
How have the courts interpreted a probation officer's report on a death penalty application?
California, United States of America
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims?
Alberta, Canada
Does a majority shareholder's interest in Page 19 need to be valued as a "going concern"?
California, United States of America
What is the test for a search warrant for a suspect in a criminal investigation?
MultiRegion, United States of America
How does the unfortunate event test apply to a motor vehicle accident?
MultiRegion, United States of America
What is the effect of a defendant's adoptive father giving evidence in a sexual assault case?
California, United States of America
Can a public figure recover damages for libel?
California, United States of America
What are some common risks associated with infection, such as infection, need not be disclosed?
Ontario, Canada
What are common issues in a motor vehicle accident case?
British Columbia, Canada
What is the credibility of the witnesses in a civil case?
California, United States of America
What constitutes a misdemeanor under Section 702 of the California Welfare and Institutions Code?
California, United States of America
What is the test for damages for loss of future earning capacity?
British Columbia, Canada
What is the test for a judge to be "neutral" at a criminal infraction hearing?
California, United States of America
Can a plaintiff waive their right to a statement of decision?
California, United States of America
What is the burden on a motion to dismiss under section 27(1)(c)?
British Columbia, Canada
What is the test for a decree nisi of divorce?
Alberta, Canada
What is the test for allowing evidence of gang membership to be found in a criminal case?
California, United States of America
What is SLAPP and what is the test for SLAPP?
California, United States of America
What is the evidentiary test required on a certification application?
British Columbia, Canada
What is the standard of evidence used by a jury to prove a gang allegation?
California, United States of America
Is there any case law where lump sum costs were ordered?
Nova Scotia, Canada
Is a principal liable for the actions of an agent?
Saskatchewan, Canada
Does the surviving spouse have a right to control the disposition of a deceased person's remains?
California, United States of America
What is the test for a medical malpractice trial?
California, United States of America
Does the statute of limitations for medical malpractice start running?
California, United States of America
Can self-represented litigants be denied recovery of costs by a judge?
Ontario, Canada
Is a defendant entitled to appointed counsel of his choice?
MultiRegion, United States of America
What is the test for a motion to grant a continuance under the Speedy Trial Act?
MultiRegion, United States of America
What are the reasons for denying class certification in a Business and Professions Code section 17200 cause of action?
California, United States of America
What is the test for damages in nuisance on an injunction application?
British Columbia, Canada
What are the implications of denial of access to the courts for the purposes of denying access?
MultiRegion, United States of America
What is the test for obtaining an allegation of sexual assault without proper due diligence?
New Brunswick, Canada
What is the relationship between a trustee de son tort and the trust property?
British Columbia, Canada
When will a grand jury consider the defense of extreme emotional disturbance?
California, United States of America
Does the exclusionary rule apply to suppress evidence?
MultiRegion, United States of America
Can a motion for declaratory relief be denied without conducting an evidentiary hearing?
MultiRegion, United States of America
How has the burden of proof been shifted in the context of fiduciary relationships?
MultiRegion, United States of America
How have the courts dealt with a request for a supplemental brief in a personal injury appeal?
California, United States of America
What is the test for a teacher to have a right to terminate their contract?
MultiRegion, United States of America
What is the standard of review for the purpose of determining whether a trial judge made a palpable and overriding error?
Alberta, Canada
Is an implied easement an implied right over a parcel of land?
British Columbia, Canada
What is the evidence supporting the inference that defendant committed a series of fraudulent claims under the Medi-Cal program?
California, United States of America
What is the standard of review for a conviction of first degree burglary?
California, United States of America
Is it a violation of due process and fundamental fairness to impeach a defendant's postarrest silence following a Miranda warning?
California, United States of America
What is the test for a defendant to testify before the New York State Grand Jury?
"New York", United States of America
What is the test for an amended Complaint?
MultiRegion, United States of America
What form instruction does a defendant need at trial for unlawful possession?
California, United States of America
When will a court stay a sentence imposed on counts 2 and 4 under section 654 of the Criminal Code?
California, United States of America
What is the delay between trial and sentencing in a murder case?
California, United States of America
What is the scope of rebuttal evidence in a civil case?
California, United States of America
What is the impact of an agreement requiring independent legal advice?
British Columbia, Canada
What is the test for abuse of discretion in admitting evidence in a civil case?
California, United States of America
What is the test for determining the meaning of a statute?
California, United States of America
What is the test for a motion to review the entire record in a personal injury case?
California, United States of America
Is a police officer's testimony against a defendant hearsay?
California, United States of America
In what circumstances will the Director of Kent Institutional Court refuse to move inmates from segregation to general population?
British Columbia, Canada
Is there a presumption of undue influence or presumption of domination?
British Columbia, Canada
Is a prosecutor required to notify defense counsel of the impending release from jail of a material alien witness?
California, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
How does an abstract of judgment in a personal injury case have to itemize any imposed penalty assessments?
California, United States of America
Is section 3051 of the California Civil Code unconstitutional?
California, United States of America
Does a witness have to pay the discovery costs of a litigation where they are not a party?
MultiRegion, United States of America
What is the test for determining whether a confession is voluntary?
California, United States of America
Is a waiver of a right to silence unconditional?
Ontario, Canada
How have courts dealt with personal injury claims in personal injury cases?
MultiRegion, United States of America
What is the range of potential damages for a plaintiff who suffered from depression as a result of a motor vehicle accident?
British Columbia, Canada
What is the appropriate standard of care for a plaintiff in a medical malpractice case?
Ontario, Canada
What is the attribution of management fees and tax gross-up?
Canada (Federal), Canada
What is the limitation period for obtaining a writ of claim against a defendant?
Saskatchewan, Canada
How have the courts dealt with standard form agreements in real estate contracts?
California, United States of America
Is a prosecutor permitted to vouch for the credibility of witnesses?
California, United States of America
Does a parent have to provide supporting documentation to support their claim for income tax deductions?
Ontario, Canada
In what circumstances will police obtain a warrant for the seizure of methamphetamine from a defendant's home?
California, United States of America
Can a defendant be convicted of second degree murder or involuntary manslaughter for an accidental shooting?
California, United States of America
If an alternate is present in the jury room without authority to be there, can the alternate be struck off?
California, United States of America
What is the test for reversing an evidentiary ruling by a federal district court?
MultiRegion, United States of America
Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons?
MultiRegion, United States of America
What constitutes a material change in circumstances for a temporary placement order?
Ontario, Canada
Does circumstantial evidence satisfy the corpus delicti rule?
California, United States of America
In what circumstances will a jury overturn a finding that there was no entrapment?
MultiRegion, United States of America
Can a motion for a new trial be granted based on ineffective assistance of counsel?
California, United States of America
What are the legal adequacy of jury instructions in a case where a jury was instructed to acquit a defendant of unreasonable self-defense?
California, United States of America
Does attorney-client privilege apply to communications between a psychotherapist and a patient's parents?
California, United States of America
What is the test for a Section 2255 motion to reduce a defendant's sentence?
MultiRegion, United States of America
What is the impact of attorney's fees on legal aid services?
California, United States of America
What evidence does the court have to support the argument that the police officer who shot and killed an unarmed man who was running in and out of traffic was mentally ill?
MultiRegion, United States of America
What is the legal test for pleading not guilty by reason of insanity?
California, United States of America
Does a prosecutor lose his First Amendment rights when he takes office as a prosecutor?
California, United States of America
What is the test for inferring discriminatory animus under the Employment Fairness Act?
California, United States of America
Does section 654 of the California Penal Code bar an acquittal or conviction for the same act or omission under the same law?
California, United States of America
What is the test for committal under s.29(1) of the Extradition Act?
Ontario, Canada
What is the test for a motion of no confidence in a defense counsel?
California, United States of America
What is the current state of the law on admitting new evidence on judicial review?
Newfoundland and Labrador, Canada
Does a statutory action require a right of trial by jury?
MultiRegion, United States of America
What is the legal test for issuing a writ of mandamus in a habeas corpus action?
MultiRegion, United States of America
What are the implications of the Court of Appeal's review of the instructions of a jury in a civil case?
British Columbia, Canada
Does the statute of limitations against an action to compel a pension board to pay plaintiff a pension run out of date?
California, United States of America
What is the test for malicious injury in a motor vehicle accident?
federal, United States of America
Can an employer refuse to accommodate an employee's disability?
California, United States of America
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer?
California, United States of America
Is a violent felony to benefit a criminal street gang a crime?
California, United States of America
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction?
MultiRegion, United States of America
Does a prison have a legitimate penological purpose to restrict the amount of mail being sent to an inmate by a private company?
MultiRegion, United States of America
Is a plaintiff entitled to appointed counsel in a civil case?
California, United States of America
What is the test for a claim for equalization of spousal support where one spouse has accumulated assets but the other spouse has not accumulated assets?
British Columbia, Canada
What is the test for determining whether a remark made by a colleague is discriminatory?
MultiRegion, United States of America
How have the courts dealt with a motion to vacate a judgment against a defendant who was found guilty of laches?
California, United States of America
Do not need to prove intent to commit sexual acts, only intent to persuade?
MultiRegion, United States of America
What is the firefighter's rule?
California, United States of America
What are the implied warranties and conditions in the third class of an engine warranty agreement?
Saskatchewan, Canada
What is the test for reasonable doubt in a medical malpractice case?
California, United States of America
Can a statement about something in the future be fraudulent misrepresentation of fact?
Canada (Federal), Canada
Can a jury be found to be liable under the Occupier Liability Act?
British Columbia, Canada
What is the test for establishing a presumption of innocence in a criminal case?
California, United States of America
What is the test for determining whether evidence is sufficient to support a conviction?
California, United States of America
What is the test for determining whether a motorcyclist was injured in a motor vehicle accident?
California, United States of America
What is the burden of proving privilege against disclosure?
MultiRegion, United States of America
What is the standard for determining whether an objective, reasonable person would have known that actions were substantially certain to injure the creditor?
MultiRegion, United States of America
Is the presence of a courtroom deputy next to a testifying defendant prejudicial?
California, United States of America
Does a "no action" clause in a personal injury claim apply to an insurer?
California, United States of America
What is the burden of proving that a police officer violated a civil rights pursuant to Section 1983 of the Civil Procedure?
MultiRegion, United States of America
Can a defendant who was an aider and abettor be held liable for any reasonably foreseeable crime committed as a consequence by the perpetrator?
California, United States of America
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial?
California, United States of America
What is the burden of proving that a defendant is unable to pay a restitution fine?
California, United States of America
Is Section 537 of the California Criminal Code applicable to burglary?
California, United States of America
What is the joint and several liability of multiple codefendants in a civil case?
California, United States of America
What is the test for mitigation of damages in a breach of contract case?
British Columbia, Canada
What is the current limitation on future income loss for an infant's estate?
Alberta, Canada
What is the difference between a person's responsibility for a ferae naturae and a domestic animal?
British Columbia, Canada
What is the test for determining whether a defendant has an implied malice in the context of a murder case?
California, United States of America
What is the burden of proving a genuine issue?
Ontario, Canada
What is the test for determining whether a police officer's conduct violated a constitutional right?
MultiRegion, United States of America
What is the test for a disqualification order against an attorney who has been found guilty of misconduct?
California, United States of America
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court?
California, United States of America
Does expert testimony have to be introduced in a tort action?
California, United States of America
What is the priority of claims that arise as a result of defining who had been charged with the child?
Ontario, Canada
What is the contractual relationship between a surety and the trustee?
Alberta, Canada
What are the elements of a fraud claim?
California, United States of America
What is the test for determining whether there is causation in a motor vehicle accident?
British Columbia, Canada
What is the test in determining parental involvement in determining the best interests of the child?
Saskatchewan, Canada
In what circumstances will prejudice be considered in the context of a credit application?
British Columbia, Canada
What is the test for resentencing when a sentence has been stricken on review?
California, United States of America
What is the law relating to the duty to disclose in professional discipline proceedings such as this?
Canada (Federal), Canada
What is the “signal advantage” given to a primary finder of fact at a human rights tribunal?
Alberta, Canada
In what circumstances will a plaintiff not be able to apply for a graduate degree?
British Columbia, Canada
Can a secured party who, by force, takes possession of collateral in a breach of the peace, become responsible in damages to the defaulting owner?
California, United States of America
What is the test for abuse of discretion when determining relevancy under the California Evidence Code?
California, United States of America
Does an attorney owe a fiduciary duty to his client to act as a creditor when his client files for bankruptcy?
MultiRegion, United States of America
What is the statute of limitations for a claim under Section 1983?
MultiRegion, United States of America
What is the current state of the law on forum non conveniens analysis?
Nova Scotia, Canada
Can a summary judgment be granted where evidence is unclear, conflicting and/or inconsistent?
Ontario, Canada
Is it necessary to cite any authority to argue that a question of construction of a written instrument is a matter of law?
British Columbia, Canada
What is the test for calculating future losses for a plaintiff?
British Columbia, Canada
In the context of s. 957(1) of the Municipal Corporations Act, can the City of Vancouver be found to be a vendor of land that is subject to a re-zoning application?
British Columbia, Canada
Can a municipality be indemnified for costs incurred in defending a slander action?
Saskatchewan, Canada
What are the material factors used to determine whether an individual has a fiscal residence in both countries?
Canada (Federal), Canada
What is the state of the law on witness testimony in civil cases?
MultiRegion, United States of America
Can a jury read transcripts in the jury room for abuse of abuse of power?
MultiRegion, United States of America
What is the test for a motion to quash a conviction for possession of drugs with intent to pervert the course of justice?
MultiRegion, United States of America
Is there a substantial evidence issue in this case?
California, United States of America
What is the legal test for disposing of an application?
Newfoundland and Labrador, Canada
What is the difference between (1) a breach of contract and (4) actual loss or damage resulting from the attorney's negligence?
California, United States of America
What is a measure of medical damages?
California, United States of America
What is the limitation period for a person to be found guilty of sexual assault?
California, United States of America
What factors are considered in determining scope of employment?
MultiRegion, United States of America
Does a plaintiff have to be "already manifest and presently disabling" in order to be considered an "inevitable" cause of injury?
British Columbia, Canada
If petitioner fails to raise the issue of competence on appeal, is he entitled to a hearing as to the "cause" for his failure to do so?
MultiRegion, United States of America
Is a stay not a right, even if irreparable injury might otherwise result?
MultiRegion, United States of America
What is the defense in a motor vehicle accident case?
California, United States of America
Does a judge have to consider "favorable" or "unfavourable" factors when deciding whether to grant voluntary departure?
MultiRegion, United States of America
In a federal habeas corpus case, is issue preclusion and claim and claim preclusion available?
MultiRegion, United States of America
Can a stepfather make a claim of maintenance against the natural parent?
British Columbia, Canada
Can a state habeas petition be reinstated under a different form of state law?
MultiRegion, United States of America
Does the discoverability rule apply to non-incestual assaults?
British Columbia, Canada
What is the threshold that must be met before a defendant's own statements can be admitted against him?
California, United States of America
What is the test for exclusion of evidence for abuse of abuse of physical characteristics?
MultiRegion, United States of America
Under what circumstances will an order requiring appellant not to leave school during school hours without permission of school officials or the probation officer be enforced?
California, United States of America
How is the standard of review applied in awarding attorney's fees for abuse of discretion?
MultiRegion, United States of America
What is the current state of the law on constructive dismissal?
Ontario, Canada
How do we review a restitution order for an abuse of discretion?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a motion for personal injury?
MultiRegion, United States of America
What is the test for interpretation of 5.1(1)(c) of the BC Workers’ Compensation Act?
British Columbia, Canada
If a plaintiff had taken more anti-depressants, would their symptoms have improved?
British Columbia, Canada
