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.
Can a court impute income to a father who failed to provide medical evidence indicating that his health was compromised by health concerns?
Nova Scotia, Canada
Can a prosecutor comment that no explanation has been given to the accused's denial of the crime scene?
California, United States of America
How has the Law Society of Upper Canada been adjudicated?
Ontario, Canada
What factors will the court use to determine an award for abuse of discretion in a personal injury case?
California, United States of America
Can a witness refuse to answer questions at a grand jury?
MultiRegion, United States of America
What are the consequences of sanctions issued by a magistrate judge?
MultiRegion, United States of America
How is an award for loss of future earning capacity calculated?
British Columbia, Canada
How have the courts interpreted section 11378.5(1) of the Criminal Code when determining whether a defendant was convicted of a charge of sexual assault?
MultiRegion, United States of America
Does the forfeiture rule apply if the trial court was fully apprised of the basis for defendant's objection?
California, United States of America
What is the test for establishing nexus between coming and going from a place before and after drug transactions?
Ontario, Canada
What is the limitation issue as it relates to the City?
Alberta, Canada
What is the role of a trier of fact in the search for truth?
Nova Scotia, Canada
What is the test for producing evidence in a criminal case?
Ontario, Canada
What is the legal test for arguing on behalf of a defendant in a sexual assault case?
California, United States of America
What is the prima facie test for discrimination under Title VII?
MultiRegion, United States of America
Is there a deduction for security for costs for an application prepared but not pursued?
British Columbia, Canada
Is a statement obtained by a police officer during a custodial interrogation in a criminal case admissible?
California, United States of America
What is the burden of proving admissibility by a preponderance?
MultiRegion, United States of America
What is the test for a test in a medical malpractice case?
California, United States of America
What is the test for a conviction for resisting arrest under section 654 of the Criminal Code?
California, United States of America
What is the current state of the law on the "small risk" of damage to internal organs caused by a laparoscopic procedure?
British Columbia, Canada
What are the consequences of a juvenile court's dispositional order placing him on home detention after evading a police officer?
California, United States of America
What is the test for admissibility of an affidavit containing the contents of a police officer’s handwritten narrative?
British Columbia, Canada
What is the scope of appeal when a defendant enters a guilty or no contest plea and fails to obtain a certificate of probable cause?
California, United States of America
What is the test for invalidating a death sentence for a convicted murderer?
California, United States of America
Is there a reasonable likelihood that the jury misconstrued or misapplied its words?
California, United States of America
What should the jury have been instructed not to draw any adverse inference from the fact that defendant did not testify at the penalty phase?
California, United States of America
What is the test for sustaining an adverse employment action?
MultiRegion, United States of America
What are the reasonable expectations of the holder of an easement over what may be regarded as a public road?
British Columbia, Canada
What is the test for a motion to evict a person who is not a party to the action?
California, United States of America
What is the test for the Independent Regulatory Review Authority (IGRA) in its current form?
MultiRegion, United States of America
In what circumstances will a general contractor be able to close a lien on a construction site?
Alberta, Canada
What would have been the "least adjudicated elements" test?
California, United States of America
What is the standard for deliberate indifference in medical malpractice cases?
MultiRegion, United States of America
What is the test for determining whether a plaintiff has been injured in a motor vehicle accident?
British Columbia, Canada
Can an estate or estate trustee be sued for unjust enrichment, constructive trust and alternative remedies?
Ontario, Canada
What is the current standard of conduct of a prosecutor in a criminal case?
California, United States of America
What is the standard of disclosure required by a medical professional?
British Columbia, Canada
Is there any prejudice from a trial court's failure to advise a petitioner of the sentencing consequences of a plea where the petitioner did not state directly that he would not have entered plea?
MultiRegion, United States of America
What is the evidential burden of demonstrating where the best interests of the child lie?
Nova Scotia, Canada
Is there any case law where the attorney seeking to enforce a fee-sharing agreement that does not comply with rule 2-200?
California, United States of America
What is the test for obtaining a warrant to search a person's home?
MultiRegion, United States of America
How has the court treated the opening brief in a personal injury action?
California, United States of America
What is the proper scope of review for a motion to change venue?
California, United States of America
What is the test for determining whether a state court's decision is incorrect or erroneous?
MultiRegion, United States of America
What is the standard of disclosure required by a physician to obtain consent from a patient?
British Columbia, Canada
Is there any evidence that a condom penetrated the vagina during a sexual assault?
California, United States of America
What is the test for a drug dealer convicted of possession of cocaine with intent to manufacture, distribute and manufacture a controlled substance?
MultiRegion, United States of America
What factors will the court consider in determining whether or not to grant disclosure of personal information to a party in a civil matter?
California, United States of America
What is the impact of retained and instructed physicians having on the medical evidence of a plaintiff?
British Columbia, Canada
What is the test for allegations of personal bias against a federal judge?
federal, United States of America
What is the test for a stay of execution of an application for leave and judicial review?
Canada (Federal), Canada
How have the courts reviewed the decisions of the BIA and the International Court of Justice?
MultiRegion, United States of America
What is the burden of proof in this case?
California, United States of America
Is Section 288.5 of the California Penal Code applicable to a resident who sexually molests a minor?
California, United States of America
What is the test for a jury to convict defendant of attempted murder?
California, United States of America
Does a court erred in failing to impose sanctions for abuse of power?
MultiRegion, United States of America
How have courts treated the issue of mistake of fact in a mental health case?
California, United States of America
What is the case law on the admissibility of photographs of crime scene photographs of a murder victim?
California, United States of America
What is the scope of a defendant's due process rights at a hearing to determine the amount of restitution?
California, United States of America
Does section 21356 of the California Code of Civil Procedure contain any ambiguous or unclear language that governs a challenge to a transfer made by means other than a will?
California, United States of America
What is the test for a plaintiff to obtain 5 units under tariff item 34 of the B.C.S.P.O.R.L.A.A bill?
British Columbia, Canada
What are the deadlines for submitting cost submissions in a personal injury action?
Ontario, Canada
Can a witness be cross-examined for personal ill will?
California, United States of America
Can a defendant withdraw a guilty plea under section 1192.5 of the Criminal Code?
California, United States of America
Can a jury be admonished to disregard any portion of the prosecutor's opening statement?
California, United States of America
Does confiscation of legal property and photograph violate a prisoner's right to access the courts?
MultiRegion, United States of America
Can an action be brought against an attorney who signed an agreement to settle his client's case without the consent of the attorney of record?
MultiRegion, United States of America
Can a plaintiff sue the manufacturer of a product which, if negligently made, causes injury to person or property?
California, United States of America
What is the burden of determining whether an applicant is disqualified at step five of a disability application?
MultiRegion, United States of America
In what circumstances will the court uphold a warrantless search of clothing that was seized from an arrestee approximately 10 hours after his arrest?
California, United States of America
Can a judge disqualify himself from hearing the matter?
British Columbia, Canada
Does a defendant have a right to raise the statute of limitations at trial?
California, United States of America
Is battered women's syndrome relevant in a murder case?
California, United States of America
What are the considerations that determine whether double costs are appropriate?
British Columbia, Canada
What is the essential character of a dispute?
Saskatchewan, Canada
Does a grand jury need to issue multiple subpoenas in the course of an investigation?
MultiRegion, United States of America
What is the test for a jury to determine whether prospective detriment is reasonably certain to occur?
California, United States of America
What is the impact of the due process clause on immunity from prosecution?
MultiRegion, United States of America
How have courts treated allegations of cruel and unusual punishment in the context of overcrowding in prisons?
California, United States of America
What is the test for a person who violates section 10851(a) of the California Highway Traffic Code by driving without a license to do so?
California, United States of America
Can a plaintiff bring a malicious prosecution cause of action?
California, United States of America
What are the requirements of Section 853(p)(1) of the Criminal Code and what is the effect of that?
MultiRegion, United States of America
Does Defendant have to produce a certificate of probable cause to challenge a restitution order?
California, United States of America
Is a plaintiff entitled to disability benefits under the private insurance exception?
Ontario, Canada
Can a trial judge leave a jury in a position where it must rely mainly on the addresses of counsel for its verdict?
British Columbia, Canada
What is the current state of California Supreme Court case law regarding Section 7 of the Consumer Goods Pricing Act?
California, United States of America
What is the current state of the law on the duty of fair representation for a union?
MultiRegion, United States of America
Does the mere possibility of misconduct in a civil case have to be met by the reviewing court?
MultiRegion, United States of America
Does a defendant who failed to object at trial to a finding that there was no evidence of his ability to pay a booking fee have a right to appeal the finding?
California, United States of America
Can a federal district court retroactively retroactively assess the risk of future use of certain types of medical malpractice?
MultiRegion, United States of America
Does section 1305, subdivision (b) of the California Criminal Code, section 977 of the Criminal Code apply to a defendant's right to be present at trial?
California, United States of America
In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase?
California, United States of America
What is the test for denying a witness a witness?
California, United States of America
What is the appropriate time for a Strata to impose a fine on an Owner?
British Columbia, Canada
In what circumstances will a defendant waive the statute of limitations defense?
California, United States of America
Is a search conducted without a warrant per se unreasonable under the Fourth Amendment?
"New York", United States of America
What is the relevance of other decisions in assessing non-pecuniary damages?
British Columbia, Canada
What is the current state of the law on recordation of grand jury proceedings?
MultiRegion, United States of America
What would be considered a policy of deliberate indifference in the context of civil rights cases?
MultiRegion, United States of America
Is there any case law supporting a claim that trial counsel's preparation was deficient?
MultiRegion, United States of America
Does a bank have a duty of care to disclose information about the risk of investment prior to approving a loan?
California, United States of America
How have federal courts interpreted section 2254(d)(2) of the AEDPA in habeas cases?
MultiRegion, United States of America
Can a motion to dismiss without prejudice be dismissed without paying attorneys' fees?
MultiRegion, United States of America
What is the basis for spousal support claims in a personal injury action brought by the respondent?
British Columbia, Canada
Can a motion judge reverse a finding of fact?
Prince Edward Island, Canada
Can a Secretary of State profit from his own failure to sell his excess lands?
MultiRegion, United States of America
What is the legal test for reversing a finding of fact?
Ontario, Canada
How have courts interpreted section 186.22.22 of the California Penal Code?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the current state of the law in relation to the detention of appellant in his hotel room by the police?
MultiRegion, United States of America
What is the test for damages for breach of duty of reasonable care and skill?
British Columbia, Canada
What is the current state of the law on death sentences in death penalty cases?
California, United States of America
What is the effect of a jury finding that two felonies arising from an indivisible course of conduct are separate aggravating circumstances?
California, United States of America
Is a defendant's failure to object to the imposition of section 1203.1c incarceration costs invalid on appeal?
California, United States of America
Does section 11153 of the California Medical Code require a prescription written by a physician for a prescription filled by a pharmacist?
California, United States of America
What is the appropriate sentence for possession of a loaded prohibited firearm?
Ontario, Canada
What are the triable issues in a medical malpractice case?
"New York", United States of America
What is the test for determining whether a contract is valid or enforceable when the contract is signed unilaterally?
California, United States of America
What is the test for motive in a criminal case?
California, United States of America
Is a contract enforceable only for cause?
California, United States of America
Does the standard of care for gratuitous bailees apply?
Ontario, Canada
Can a federal district court dismiss without prejudice for failure to exhaust administrative remedies?
MultiRegion, United States of America
Does the constitutional amendment to the constitution allow the court to comment on the evidence and testimony and credibility of any witness?
California, United States of America
What is the difference between a defined benefit plan and a defined contribution plan?
MultiRegion, United States of America
What is the test for independent review of a judgment or order?
California, United States of America
What is the state of the law in relation to injuries sustained by an owner of a property in a residential street?
California, United States of America
What is the test for a plaintiff to prove that her husband's death was not caused by negligence?
British Columbia, Canada
Can prejudice be established in a failure to disclose?
British Columbia, Canada
What are the elements of a violation of the bank fraud statute?
MultiRegion, United States of America
Does a defendant need to be informed of his ineligibility for parole?
MultiRegion, United States of America
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for granting a petition for habeas corpus?
MultiRegion, United States of America
What is the test for a plaintiff to have a claim under the First Amendment for religious freedom?
MultiRegion, United States of America
What is the test for consent in a search of a sleeping compartment in a motor vehicle?
MultiRegion, United States of America
What is the standard of living that a recipient spouse is entitled to after the recipient spouse's retirement?
Ontario, Canada
What is the current state of the law on the meaning of the phrase "in the civil proceeding" in the context of a civil proceeding?
MultiRegion, United States of America
What are the costs of the interpleader issue?
Saskatchewan, Canada
What is maritime law in relation to an incident involving a non-commercial vessel that occurs on wholly inland waterways?
Canada (Federal), Canada
What is the standard used by the courts to determine the sufficiency of evidence to support enhancement?
California, United States of America
What is the proper procedure for a motion for reconsideration?
California, United States of America
What is the test for reducing the hourly rates for attorney fees for a defendant's attorney?
California, United States of America
What authority does the chairman have to promulgate the rules of the New York State Health and Social Care Commission?
"New York", United States of America
What is the test for establishing a new fiduciary relationship?
Ontario, Canada
Can Rule 3(b) control a motion to vacate or set aside a judgment?
California, United States of America
What is the legal test for referring to a court commissioner as a temporary judge?
California, United States of America
What are the consequences of a trial judge’s failure to spell out every consideration leading to a finding of credibility?
Saskatchewan, Canada
What is the test for a court to rule that a party can seek damages from a third party for failing to pay a down payment of 10% on a mortgage?
"New York", United States of America
Does the court erred by failing to instruct the jury on the defense to unlawful sale of a security under Corporations Code section 25110?
California, United States of America
What is the proper test for a motion for judgment notwithstanding the verdict in a personal injury case?
California, United States of America
What is the test for impingement on the liberty interest?
British Columbia, Canada
Can an action be brought in the form of an illegal contract?
Saskatchewan, Canada
Is it necessary to make a motion in writing during a hearing or trial?
MultiRegion, United States of America
Does a defendant have to have at least two prior convictions to be considered a habitual criminal?
California, United States of America
Can a tortfeasor force a plaintiff to pay their own attorney fees?
California, United States of America
Does a prior spousal support agreement apply to a subsequent application for support?
British Columbia, Canada
Does a District Attorney have any authority to influence or influence a Grand Jury?
"New York", United States of America
Does a properly made request for judicial notice need to be reviewed by a reviewing court?
California, United States of America
What is the effect of false statements in an arrest warrant affidavit?
MultiRegion, United States of America
Can a court award attorney's fees as a form of cost?
California, United States of America
What is the test for an adult child to contribute to their post-secondary education costs?
Ontario, Canada
Does a prior conviction under section 1170.126 of the California Criminal Code apply to disqualify an applicant from applying for a university degree?
California, United States of America
Is a plea agreement relevant impeachment evidence that must be disclosed to the defense?
California, United States of America
What is the test for determining whether a parent is a custodial parent or a non-custodial parent?
California, United States of America
Can a criminal conviction for false imprisonment be used to prove bad character of a witness in a civil case?
California, United States of America
What is the test for enforcing a creditor’s obligation to pay a debt in lieu of payment of the debt?
Saskatchewan, Canada
In a personal injury case, is a plaintiff entitled to both pay the policy limits and defend the insured in a lawsuit?
MultiRegion, United States of America
Is a motion to sever the firearm possession charge from the homicide charge forfeited on appeal?
California, United States of America
Is there a duty upon drivers and pedestrians alike to keep a proper lookout and take reasonable precautions in response to apparent potential hazards?
British Columbia, Canada
What are the implications of saving for retirement income during marriage?
British Columbia, Canada
In what circumstances will a court order a significant equalization payment?
Ontario, Canada
What is the test for an application to extend the appeal period?
Alberta, Canada
What is the test for deciding whether or not to dismiss or dismiss evidence in a personal injury case?
California, United States of America
What is the test for the Homeowner Bill of Rights?
MultiRegion, United States of America
What is the test for determining whether a defendant is represented by counsel when questioned by the police?
"New York", United States of America
Can a jury "may" reject testimony from a witness's pre-trial statement?
California, United States of America
What is the legal test for the sufficiency of evidence to support a conviction?
California, United States of America
What is considered a crime premeditated?
California, United States of America
Is a person who is a "aider and abettor" liable for another's actions as a result of the other's actions?
California, United States of America
Does the mere taking of an appeal against a judgment against the judgment is binding and conclusive?
Saskatchewan, Canada
What is the test for dismissal of an action where there is a cross-complaint?
California, United States of America
In a personal injury case, can appellant waive counsel and represent himself?
California, United States of America
Is it in the best interest of the child to lift the stay of execution on paragraph 2 of the interim order?
Saskatchewan, Canada
How have the courts interpreted the facts in an affidavit in a motion for negligence?
MultiRegion, United States of America
Can a suppression motion be denied on the grounds that neither severability nor plain view doctrine support denial of the suppression motion?
MultiRegion, United States of America
Can a homeowner's Fourth Amendment rights be violated when officers enter his home to arrest a guest pursuant to an arrest warrant?
California, United States of America
Does a mother have an obligation to inform the court of concerns that the order after hearing was insufficiently detailed to protect her right to visitation?
California, United States of America
Does a police force have an objectively reasonable basis to enter a house where there is no evidence that there is an additional gunshot victim?
California, United States of America
Can a father's claim that the Court of Appeal and Appeal judges erred in their appreciation of the governing test for variation of child support obligations on the basis of material change in circumstances be accepted?
Ontario, Canada
Is a defendant ineffective in his ineffective assistance of counsel claim?
California, United States of America
Is a plaintiff who voluntarily represents herself in a personal injury case entitled to consideration as well as a lawyer?
California, United States of America
Can a jury consider the fact that there was an assault during the penalty phase of a robbery as an aggravating factor?
California, United States of America
What are the consequences of a dismissal pursuant to section 1381.5 of the California Penal Code?
California, United States of America
Is Rule 12(b)(6) dismissal based on either a Tack or a cognizable legal theory?
MultiRegion, United States of America
Is voluntary intoxication a defense to rape?
California, United States of America
What is the legal test for determining whether an investment is a security or an investment contract?
California, United States of America
When reviewing an ERISA claim by a fiduciary under a long term disability benefit, can the court admit more evidence that was before the decision was made?
MultiRegion, United States of America
What is the law on unanimity instruction in criminal cases where there is evidence that more than one crime occurred?
California, United States of America
Can judgment in default of defence be granted?
Canada (Federal), Canada
Is the pursuit of a car by a police officer following a robbery successful?
California, United States of America
