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 state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor?
California, United States of America
What is the test for determining whether a contractor employed by a defendant has been found to have failed to provide the specified safeguards or precautions?
California, United States of America
What constitutes the crime of accessory after the fact?
California, United States of America
When a witness gives a statement that does not need corroboration, does that constitute "testimony"?
California, United States of America
What is the test for a medical malpractice claim under the Eighth Amendment?
MultiRegion, United States of America
Can a solicitor's retaining lien be established?
Manitoba, Canada
What is the test for a finding of private nuisance against the Attorney General of Canada?
Yukon, Canada
What is the test for denial of disability benefits?
MultiRegion, United States of America
Does Section 186.22 need to be proven to be gang related?
California, United States of America
What is the test for a judge to review a decision not to grant probation?
California, United States of America
Can the notebooks used as evidence under Section 404(b) of the Criminal Code be taken as evidence in a criminal case?
MultiRegion, United States of America
What is the test for establishing that evidence is inappropriate under a search warrant?
MultiRegion, United States of America
What is the test for determining the genuineness of a marriage?
Canada (Federal), Canada
How do courts interpret the meaning of the digest in a medical malpractice case?
California, United States of America
What is the burden of proving that a defendant has met the anti-SLAPP provisions of Section 10 of the California Anti-SLAP Act?
California, United States of America
What is the case law around middle class standards of care for young mothers?
Ontario, Canada
What is the test for a motion to declare a mistrial?
British Columbia, Canada
Does a change of plea form need to be signed in open court?
California, United States of America
Is a plaintiff's right to confront defendant Rivas outside the jury's presence a valid claim?
California, United States of America
What is the test for a prothonotary order in an appeal?
Canada (Federal), Canada
What is the test for deliberate indifference?
MultiRegion, United States of America
What is the test for a criminal defendant to have a speedy trial?
California, United States of America
What is the standard of review for findings of credibility?
British Columbia, Canada
Does a hearing on juror disqualification need to be held?
California, United States of America
What is the test for assessing the cost of future care for a plaintiff who has been diagnosed with dementia?
British Columbia, Canada
What is the penalty for multiple-murder?
California, United States of America
In what circumstances will a fiduciary relationship between a beneficiary and the beneficiary be considered to be unenforceable?
Alberta, Canada
In what circumstances will the court award attorney fees to plaintiffs who have failed in their other causes of action?
California, United States of America
What constitutes substantial success in a family law case?
British Columbia, Canada
What is the test for a university to grant tenure to a professor?
California, United States of America
What is the burden of proving that defendant intends to rely on section 482?
MultiRegion, United States of America
What are the consequences if an employee becomes incompetent at the time of retirement and then dies?
California, United States of America
What role does the judiciary play in determining the constitutionality of actions by the political branches?
MultiRegion, United States of America
Can a plaintiff appeal from a jury verdict?
MultiRegion, United States of America
What is the test for a restraining order to evict a person from their home?
California, United States of America
What is the effect of admitting a statement made by a defendant while he was in hospital?
California, United States of America
What is the test for reasonable and probable grounds for conducting a search incident to arrest?
Ontario, Canada
Is respite care a special or extraordinary expense under s. 7 of the Federal Child Support Guidelines?
British Columbia, Canada
What is the difference between a police officer and a suspect in an investigation into suspicious movements?
California, United States of America
What is the statute of limitations for promissory estoppel based on oral promises?
California, United States of America
What is the test for a refusal to meet the requirements of section 43 of the Criminal Code?
British Columbia, Canada
What is the test to apply to a corporate plaintiff?
Yukon, Canada
What is the legal test for disclosing privileged information?
British Columbia, Canada
Does a federal district court have the authority to adopt its own local court rules?
MultiRegion, United States of America
How have the penalties for petty theft and drug possession from a wobblers or felonies been reduced to misdemeanors?
California, United States of America
What is the impact of a prosecutor's statement that a third man aider and abettor must intend to facilitate a crime?
California, United States of America
What is the test for determining a remedy in a personal injury action?
British Columbia, Canada
How have courts interpreted the doctrine of scienter in a motor vehicle accident case?
"New York", United States of America
What is the test for a settlement of an overtime class action?
Ontario, Canada
What is the rule requiring mens rea in criminal cases?
MultiRegion, United States of America
Is a third-party funding agreement required to indemnify the representative plaintiff against an adverse costs award?
Ontario, Canada
What rights does a criminal defendant have during the course of their criminal trial?
MultiRegion, United States of America
What is the meaning of section 1717 of the Ontario Civil Code and what is the test for attorney's fees?
California, United States of America
Can a second action be dismissed because it includes the same parties and seeks the same relief?
MultiRegion, United States of America
What is the test for ineffective representation in a motion for habeas corpus?
California, United States of America
What is the test for a federal habeas judge to presume the correctness of the factual findings of a state court?
MultiRegion, United States of America
Is a concurrent term of life without the possibility of parole imposed on count 2 of the murder charge?
California, United States of America
Does the Fourteenth Amendment apply in the context of cruel and unusual punishment claims?
MultiRegion, United States of America
In the event that parties cannot reach an agreement with respect to the payment of the costs of motions, can they make brief written submissions to me?
Ontario, Canada
What is the applicable period for a medical malpractice claim against a government entity?
California, United States of America
What is the test for establishing that a state court has had an opportunity to rule on the merits of a federal claim?
MultiRegion, United States of America
What is the test for misrepresentation in medical malpractice cases?
Ontario, Canada
In what circumstances will a jury award a punitive damages award in a sexual assault case?
California, United States of America
Does the credibility of witnesses matter to the hearing officer?
Ontario, Canada
What is the test for a change in terms of a child support order?
British Columbia, Canada
When will a defendant be allowed to set aside his guilty plea before sentencing?
MultiRegion, United States of America
Can an accidental shooting be second degree murder or involuntary manslaughter?
California, United States of America
What are the implications of the California Supreme Court's recent decisions on same-sex marriage?
California, United States of America
What is the effect of a summary dismissal of a Section 2255 petition relating to the government's failure to disclose exculpatory evidence?
MultiRegion, United States of America
What is the test for accepting expert evidence at trial?
British Columbia, Canada
What is the test for establishing that an appeal is not a hearing de novo?
Saskatchewan, Canada
What is the liability of an employer that withdraws from participation in a pension plan?
MultiRegion, United States of America
What is the American approach to assessing "fair use" in copyright law?
Canada (Federal), Canada
Is a police force required to inform a suspect that they have a right to remain silent?
California, United States of America
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint?
MultiRegion, United States of America
What is the test for admitting evidence of an uncharged crime?
California, United States of America
What is the legal test for the use of expert evidence in furnace inspections?
British Columbia, Canada
Can a claim about chargeback be res judicata or estoppel?
British Columbia, Canada
Is a stay of sentence imposed under section 654 of the California Criminal Code valid?
California, United States of America
What are the legal principles used to determine "loss of future earning capacity"?
British Columbia, Canada
Can a motion for reconsideration be reviewed for abuse of discretion?
California, United States of America
What is the test for review of discipline on appeal?
California, United States of America
In a felon in possession case, is there any further briefing on the issue or remand?
California, United States of America
What is the legal test for patent unreasonableness?
British Columbia, Canada
Does the Court have jurisdiction to order that restitution and parole revocation fines be imposed on an appellant by the Court of Appeal?
California, United States of America
What is the test for warrantless entry without a warrant?
MultiRegion, United States of America
What is the test for an application to have a Superintendent of Motor Vehicles granted leave to appeal?
British Columbia, Canada
What is the test for admitting or denying evidence that other parties were involved in the crime?
MultiRegion, United States of America
What is the effect of a warrantless search in a vehicle search?
MultiRegion, United States of America
Does the 5th amendment guarantee protect against forced individual disclosure of information?
MultiRegion, United States of America
What is the test for determining whether a search or seizure under the Fourth Amendment is reasonable?
California, United States of America
Does the meaning of "reckless indifference to human life" need to be clarified?
California, United States of America
What is the legal test for determining whether a sentencing error violated a defendant's due process?
California, United States of America
What is the standard of care analysis in medical malpractice cases?
Nova Scotia, Canada
What is the test for a person who is unable to control their own utensils?
Canada (Federal), Canada
Does a defendant have a duty to accept the only interpretation of the circumstantial evidence that "appears to be reasonable"?
California, United States of America
In what circumstances have courts admitted evidence of a prior theft of a car and credit cards as an uncharged offense in a murder case?
California, United States of America
Is a defendant entitled to disclose the name of an informer prior to trial?
California, United States of America
Is Section 19685 of the California Code of Civil Procedure unconstitutional if it allows certain officers to appoint as many deputies as may be necessary?
California, United States of America
What remedy does the law of negligence offer to a plaintiff who suffers irritations or annoyances that do not amount to injury?
Ontario, Canada
Can a defendant waive a challenge to a trial court's failure to instruct on a lesser included offense?
California, United States of America
What is the test for determining whether a covenant of trust has been broken or not?
Saskatchewan, Canada
Does an accomplice have to be liable for the actions of their accomplices?
California, United States of America
What is the test for establishing that the charged crime actually happened?
California, United States of America
What is the test for exclusion of future civil litigation evidence in a medical malpractice case?
California, United States of America
Is a judgment against a defendant who has not been served with a summons valid?
California, United States of America
Does section 654 of the California Criminal Code apply to a defendant who has been convicted of two separate crimes with different specific intent requirements?
California, United States of America
What is the test for reasonable persons to disagree with when a member of the House of Representatives is required to attend a hearing?
British Columbia, Canada
Does a clause in an arbitration agreement restrict discovery only one deposition, one document request, and other discovery upon showing a substantial need?
California, United States of America
Does subrule 18(14) of the Rules of Civil Procedure apply to an offer to settle?
Ontario, Canada
Can a plaintiff recover for malicious prosecution if nothing more than a police department investigation occurred?
California, United States of America
What are the elements of the tort of conversion?
British Columbia, Canada
What is the standard of review in cases involving "cooperation agreements"?
California, United States of America
In what circumstances will a defendant be found guilty of sexual assault by reason of fear?
California, United States of America
What is the test for an informal resolution in a personal injury case?
California, United States of America
Can a law officer conduct a search for weapons pursuant to a limited detention?
MultiRegion, United States of America
What is the difference between an intended and an unintended crime?
California, United States of America
How has the court considered a motion for attorney fees under section 1021.5?
California, United States of America
What is the test for determining post-retirement spousal support?
New Brunswick, Canada
Does the phrase "appear in person" include the ordinary entry of appearance after service of a writ of summons?
Saskatchewan, Canada
What is the effect of a finding of contempt for refusing to obey a court order?
British Columbia, Canada
What is the test for a motion for offset under the abuse of discretion standard?
California, United States of America
Does section 1367 of the Penal Code protect an incompetent defendant against unfair trial?
California, United States of America
What is the burden of proof for a creditor seeking to have their debt declared nondischargeable?
MultiRegion, United States of America
Are satisfied that "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"?
California, United States of America
What is the aggravation factor in determining that a motorcyclist convicted of causing death by dangerous driving while intoxicated committed his crimes before his sentencing?
California, United States of America
What is the test for justifying a reassessment outside the normal limitation period?
British Columbia, Canada
What is the test for establishing that a challenged order is presumed correct?
California, United States of America
Is a covenant to pay compensation for injury done to the land a borderline case?
British Columbia, Canada
What is the test for admitting prior weapon possession?
California, United States of America
Does "Jessica's Law" apply in the context of Section 3003.5 of the Criminal Code?
California, United States of America
Does section 667, subdivision (f)(2) of the California Criminal Code give a district attorney authority to countermand a judicial determination?
California, United States of America
Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was?
British Columbia, Canada
What is the test for failing to grasp an important point in a decision?
Ontario, Canada
What is the residual power of a judge under the functus officio principle?
Ontario, Canada
Does a mistake by a lawyer in filing for a claim against the wrong governmental entity proximately caused the claim to be filed with the wrong government entity?
California, United States of America
How is the non-pecuniary losses of an already disabled individual measured?
British Columbia, Canada
What are the successor liability factors in a motor vehicle accident?
California, United States of America
What is the scope of the analysis required by the ALJ in a medical malpractice case?
MultiRegion, United States of America
What is the test for reasonable and proper use of force by a police officer?
British Columbia, Canada
What is the test for validly waiving the Miranda rights?
California, United States of America
Can a breach of trust or fiduciary duty result in the award of solicitor and client costs?
Alberta, Canada
In what circumstances will a judge order the production of materials relevant to a Charter challenge?
Ontario, Canada
Does the affidavit in Miknevich support a finding of probable cause?
California, United States of America
How have the courts in BC dealt with the quantification of damages in a personal injury action?
British Columbia, Canada
What is a visa officer's discretion under subsection 11(3) of the Immigration Regulations?
Canada (Federal), Canada
What is the scope of the federal government's jurisdictional challenge to the removal of an illegal immigrant from an immigration court?
MultiRegion, United States of America
Is a school district liable for negligence if a student dies on a school field trip?
MultiRegion, United States of America
In what circumstances has an attorney been found guilty of a criminal offence at bar by a magistrate?
Saskatchewan, Canada
Is verbal harassment sufficient to constitute a claim under the Eighth Amendment?
MultiRegion, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
Is a manufacturer of a prescription drug liable for failing to warn of a manufacturing defect?
California, United States of America
What is the test for Section 1985(2) of the Federal Trade Commission to prevent a witness from attending court?
MultiRegion, United States of America
In what circumstances will a jury be required to find personal use of a dangerous or deadly weapon in connection with an assault conviction?
California, United States of America
Can credibility issues be a barrier to dismissing a complaint?
British Columbia, Canada
In what circumstances will a jury consider "other crimes" in determining a defendant's sentence?
California, United States of America
What is the burden of establishing eligibility under Proposition 47?
California, United States of America
Is a judgment on a personal covenant made against a mortgagee final?
British Columbia, Canada
What is the test for meeting the "some evidence" standard in the context of a federal government determination that a convicted criminal is a member of a criminal gang?
MultiRegion, United States of America
In what circumstances have courts upheld motions to compel discovery in assault cases?
California, United States of America
What is the test for determining liability for injuries caused by careless driving?
British Columbia, Canada
What is the test for the theory of murder in the perpetration of a robbery?
MultiRegion, United States of America
What is the legal test for terminating a contract where a party elects to treat a breach as discharging him from his obligations?
British Columbia, Canada
What is the test for adequate provision in a child's education?
British Columbia, Canada
What is the test for admissible evidence that contradicts the terms of a written contract?
British Columbia, Canada
What is the test for a jury to convict a defendant of assault?
California, United States of America
What is the burden of establishing juror misconduct?
California, United States of America
What is the test for punitive damages against the Church of Scientology?
British Columbia, Canada
Does the statute of limitations extend to a person fleeing from justice?
MultiRegion, United States of America
What is the test for a minor who was arrested after the vehicle in which he was riding was stopped by police?
California, United States of America
Is a child's allegation of sexual and verbal abuse sufficient grounds to vary a parent's will?
British Columbia, Canada
Does a violation of a federal statute in a medical malpractice case constitute a private cause of action?
MultiRegion, United States of America
What is the test for obtaining an interim injunction in a personal injury action?
British Columbia, Canada
Does the stop-time rule trigger when an alien commits a predicate offence?
MultiRegion, United States of America
What is the test for the use of "fighting words" in a civil case?
"New York", United States of America
Can a delay in making a prosecution witness available be justified?
"New York", United States of America
Does a formal order or minute order need to be issued to impose sanctions on a reporter?
California, United States of America
What is the burden of proof against a self-employed professional who is seeking to impute income to the other party?
British Columbia, Canada
Can an employer force an employee to sign a non-negotiable employment agreement?
MultiRegion, United States of America
Does section 140(a) of the California Civil Code of Civil Procedure apply to those threatening statements that a reasonable listener would understand to constitute a true threat?
California, United States of America
Does a recusal made for the expressed reason of avoiding perception of bias affect subsequent return to involvement in the performance of the statutory function?
Prince Edward Island, Canada
What is the test for a negative declaration for "prejudicial abuse of discretion"?
California, United States of America
What is the 10th principle of a debtor's obligations to a creditor in performing its part of the bargain?
Alberta, Canada
Can a plaintiff premise an equal protection claim on an allegation that he or she is a member of a "class of one"?
MultiRegion, United States of America
What was the scope of College investigators’s investigative powers?
Ontario, Canada
Can retroactivity be ordered back before the application date?
Yukon, Canada
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure?
California, United States of America
What is the test for establishing self-defense?
California, United States of America
When can a beneficiary of a trust vary or terminate the trust?
Manitoba, Canada
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid?
California, United States of America
What is the scope of Precise's anti-SLAPP pleadings?
California, United States of America
What is the test for abuse of discretion in a federal district court's evidentiary rulings?
MultiRegion, United States of America
Can the watch committee discharge a chief constable who they think is unfit for duty?
Saskatchewan, Canada
When will a court award non-pecuniary damages?
British Columbia, Canada
How does a plaintiff have to prove an evidentiary link between her pain symptoms and the recommended treatment and care?
British Columbia, Canada
What is the test for third party culpability in a criminal case?
California, United States of America
What is the test for denying severance in a murder case?
California, United States of America
What is the test for determining the quantum of spousal support?
Ontario, Canada
What is the effect of having a jury deliberate for more than two hours?
MultiRegion, United States of America
What is the test for instructing a jury on the theory of manslaughter?
California, United States of America
