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.
Does the amended petition seek federal habeas relief?
MultiRegion, United States of America
What is the test for a motion to strike a cause of action arising from constitutionally protected speech or petitioning activity?
California, United States of America
Is a policy that covers upgrades required by a municipality by-laws an exclusion from the policy?
Ontario, Canada
What is the test for maintaining a personal injury claim?
MultiRegion, United States of America
What constitutes a lack of informed consent in medical malpractice cases?
MultiRegion, United States of America
Does the California Energy Commission have the power to prevent utilities from resorting to accounting practices resulting in unreasonably inflated expense figures?
California, United States of America
What is the test for deciding whether evidence against evidence is prejudicial?
California, United States of America
Can a defendant ask the victim of sexual assault about their past sexual activity?
California, United States of America
Can a strata issue a warning under section 129(2) of the SPA?
British Columbia, Canada
What is the difference between the circumstances in which the police interviewed a man in a hospital room and asked him to "be a man"?
California, United States of America
Is an order granting or denying an anti-SLAPP motion appealable?
California, United States of America
Is a finding of a mental disorder implicit in the determination of dangerousness at a probable cause hearing?
California, United States of America
How is credibility determined in a sexual assault trial?
Ontario, Canada
What is the test for discharging a caveat under the Land Titles Act?
Alberta, Canada
What is the effect of a judicial decision pending its appeal?
Saskatchewan, Canada
What is the test for an equal protection claim?
California, United States of America
Does a suspect play cat and mouse with the police officer and lead the officer on a high-speed chase?
California, United States of America
In what circumstances will a defendant be ordered to pay costs for failing to show a notice of trial?
Saskatchewan, Canada
What are the reasons for non compliance with the Rules of Civil Procedure?
Ontario, Canada
What is the standard for determining whether the evidence is sufficient to convict a defendant?
California, United States of America
How have courts considered conflicts of interest in the context of a transaction involving a private equity company?
California, United States of America
What is the test for denying a motion to suppress a search warrant application?
MultiRegion, United States of America
Does a failure to instruct a jury to convict a defendant of simple assault and battery constitute harmless error?
California, United States of America
What is the standard of care of the driver of a car that failed to keep a continuous lookout for approaching traffic?
Saskatchewan, Canada
What is the test for deliberate indifference by a prison officer to an inmate?
MultiRegion, United States of America
Is a statement of claim frivolous, vexatious or abuse of process?
Ontario, Canada
Can a search warrant be obtained prior to obtaining the search warrant?
California, United States of America
What is the test for a pro se plaintiff to bring a motion to dismiss or amend the complaint?
MultiRegion, United States of America
What is the test for a pro se pleading to obtain injunctive relief?
MultiRegion, United States of America
Is a government official liable for damages when they are found guilty of gross negligence in a civil case?
MultiRegion, United States of America
Are defendants entitled to qualified immunity on a claim(s) brought by a plaintiff against them for breach of the Fourteenth Amendment?
MultiRegion, United States of America
How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court?
California, United States of America
What is the test for contributory negligence under the Contributory Negligence Act?
Alberta, Canada
How does an order de novo affect a cause of action?
California, United States of America
What is the statute of limitations for a medical malpractice action?
California, United States of America
What is the test for ineffective representation in a personal injury action?
California, United States of America
What is a father's obligation to pay child support during his lifetime?
California, United States of America
How have the courts treated a motion to exclude or exclude statements made by defendant on the grounds that they were elicited in violation of his Fifth Amendment rights?
California, United States of America
What is the applicable test for further examinations?
Ontario, Canada
Does Section 922(g)(1) of the Criminal Code require the government to prove beyond a reasonable doubt that Barker has been convicted of a prior felony?
MultiRegion, United States of America
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault?
California, United States of America
Is there any waiver of privilege where a plaintiff’s testimony is inconsistent with that of their own counsel?
British Columbia, Canada
Can a party appeal from a ruling or finding that he or she unequivocally conceded to be correct before the district court?
MultiRegion, United States of America
How has the US Supreme Court dealt with allegations of sexual assault against an alien witness?
MultiRegion, United States of America
What is the test for an award of attorney fees in a personal injury case?
California, United States of America
What is the test for the credibility of expert testimony in the context of Factortame?
Alberta, Canada
What is the impact of oral copulation on sexual assault cases?
California, United States of America
What is the test for “maximizing contact” with the father?
Ontario, Canada
What is the standard of proof required to establish a future care item?
British Columbia, Canada
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence?
California, United States of America
Can a defendant's previous failure to comply with his probation terms justify his probation sentence?
California, United States of America
What is the test for a request for special costs in the context of the Attorney General's decision not to defend the legality of federal legislation?
Canada (Federal), Canada
Can pain alone qualify for a total disability policy?
British Columbia, Canada
What is the standard of care a strata council member must meet in performing their duties?
British Columbia, Canada
In what circumstances will a defendant be able to challenge his conviction and sentence in a separate habeas corpus petition?
California, United States of America
What are the instructions given to a jury in a sexual assault case?
California, United States of America
What is the test for a motion to reopen a criminal case?
California, United States of America
What is the burden of showing good faith in a witness testimony?
MultiRegion, United States of America
What is the test for stress and anxiety?
Ontario, Canada
What rights does an employee have when they leave their employer?
California, United States of America
How have courts dealt with frivolous lawsuits?
California, United States of America
Is a document prepared after the date of litigation privileged?
Ontario, Canada
How have courts overturned convictions of pandering and other pandering cases where the prosecution objected to cross-examination of a witness's name?
California, United States of America
How much time has a lawyer billed a client for what was properly secretarial work?
British Columbia, Canada
What is the burden of proving a defendant's affirmative defense in a drug case?
MultiRegion, United States of America
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit?
California, United States of America
Can a deliberate admission be framed in terms of an element or elements of the indictment?
Alberta, Canada
Can a declaratory relief cause of action be re-asserted in error?
California, United States of America
What is the test for waiver of Miranda rights?
MultiRegion, United States of America
What is the test for a plaintiff to prove that a prison official acted with deliberate indifference to the health and safety of an inmate?
MultiRegion, United States of America
What is the test for obtaining confidential information from a solicitor?
British Columbia, Canada
How have courts interpreted the definition of the reasonable doubt standard?
California, United States of America
What are the reasons for non-compliance with an order?
Ontario, Canada
Does a claimant have to follow up their obligations under the Health and Social Security Act?
Canada (Federal), Canada
Can an owner unilaterally spend money to repair or maintain common property and then expect the strata to reimburse?
British Columbia, Canada
What is the legal test for denying a claim by a federal government agency?
MultiRegion, United States of America
What is the test the court uses to determine credibility?
British Columbia, Canada
How have courts interpreted the meaning of the word "interpretation" in the context of a section of the California Workers' Comp. Act?
California, United States of America
What is the test for establishing a causation in a motor vehicle accident case?
British Columbia, Canada
Can a defendant bring a motion for habeas corpus against the District Attorney for allegedly delaying charging and bringing him before a magistrate for a charge of first degree murder?
California, United States of America
What is the test for following instructions in a personal injury case?
California, United States of America
What is the test for establishing an oligopoly?
California, United States of America
What is the test for making a peremptory challenge?
California, United States of America
What is the test for a fiduciary to be found to have abused their discretion in making a benefit determination?
MultiRegion, United States of America
Does plaintiff have to pay the filing fee to proceed in forma pauperis?
MultiRegion, United States of America
Does a personal manager need to be licensed to provide employment for an artist?
California, United States of America
What is the effect of the Supreme Court's ruling in a motion for a rehearing of a petition for a third-judge review?
MultiRegion, United States of America
What is the burden of defeating an anti-SLAPP motion?
California, United States of America
What is the test for determining if a disposition is testamentary?
British Columbia, Canada
Can a lawyer be found guilty of professional misconduct by misleading opposing counsel by including a witness he knew was dead in his list of witnesses?
British Columbia, Canada
How have courts dealt with a loss of assets under section 727(a)(5) of the Bankruptcy and Insolvency Act?
MultiRegion, United States of America
How have courts interpreted the Constitution in a practical manner?
California, United States of America
What is the consequence of allowing a revoked individual to work on a case?
Ontario, Canada
What is the test for estimating the range of general damages for an injured plaintiff in a motor vehicle accident?
British Columbia, Canada
What is the test for establishing a conflict of interest under the Sixth Amendment?
MultiRegion, United States of America
What is the test for a cause of action under section 425.16 of the California Civil Code of Civil Procedure?
California, United States of America
Is it unfair that after-acquired capital is tapped to pay the respondent continuing support?
British Columbia, Canada
Is net disposable income a "key financial factor" in determining child support?
California, United States of America
Can a writ petition be used to review a good faith settlement determination?
California, United States of America
What is the test for jury misconduct in a federal habeas case?
MultiRegion, United States of America
What is the test for a jury to ask a defendant a question in open court?
California, United States of America
What is the test for determining whether a defendant has committed a sexual assault under section 1170.9 of the California Criminal Code?
California, United States of America
What is the test for calculating the lodestar of a personal injury claim?
MultiRegion, United States of America
What are the factors used in determining whether to enforce a settlement?
Ontario, Canada
What is the test for establishing identity as a defendant in a criminal case?
California, United States of America
What is the test for establishing that a breath test has been licensed by the state?
California, United States of America
What is the test for damages for breach of contract?
Saskatchewan, Canada
What is the test in which a parent can access their child?
Ontario, Canada
What is the appropriate sentencing for contempt of court?
Ontario, Canada
What is the test for a motion alleging retaliation for the exercise of constitutional rights against a defendant?
MultiRegion, United States of America
Does the corpus delicti rule apply?
California, United States of America
What is the test for striking a class action against two credit reporting agencies?
Ontario, Canada
How is child support calculated when the income of the spouse is lower than the husband's?
Alberta, Canada
When reviewing a denial of a suppression motion, what is the test for determining whether a search was reasonable?
California, United States of America
What is the test for civil action under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
Can a party recover prejudgment interest on damages awarded under section 3287 of the Civil Code?
California, United States of America
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county?
Ontario, Canada
What is the test for a defendant's right to confront a witness?
California, United States of America
Does the new "three strikes" law change the role of a trial judge and prosecutor?
California, United States of America
Can a settlement agreement be enforceable for abuse of power?
MultiRegion, United States of America
How have the courts interpreted the pleadings of a group of protestors who allege that they were relocated because they were critical of the President?
MultiRegion, United States of America
What is the test for terminating a defendant's right to conduct his own defense?
California, United States of America
Is a hostile work environment claim barred under the doctrine of res judicata?
MultiRegion, United States of America
Is a convicted felon in possession of a firearm and possession of marijuana for sale eligible for resentencing?
California, United States of America
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract?
Ontario, Canada
In a sexual assault case, what is the striking similarity of evidence?
Saskatchewan, Canada
What are the requirements for notice and comment on an issuance of a statement by the Federal Reserve?
MultiRegion, United States of America
Does a state's failure to abide by its own statutory commands on habeas constitute a violation of the Fourteenth Amendment?
MultiRegion, United States of America
Is there insufficient evidence to support a defendant's claim that he specifically intended to promote, further, or assist a gang member's criminal conduct?
California, United States of America
What are the elements of intentional misrepresentation, or actual fraud?
California, United States of America
In what circumstances has the Law Society of BC been successful at the facts and determination phase of a sanction hearing?
British Columbia, Canada
Can a prosecutor's comment that testimony or defense was "fabricated" properly be characterized as an attempt to impugn the integrity of a defense attorney?
California, United States of America
What is the burden of proof in a motor vehicle accident case?
British Columbia, Canada
Under section 654 of the California Criminal Code, what is the difference between kidnapping and intimidation of a rival gang member?
California, United States of America
What is the test for a plaintiff to claim constitutionally inadequate medical care under the Eighth Amendment?
MultiRegion, United States of America
What are the fiduciary duties of an individual in a personal injury case?
Ontario, Canada
Does the death penalty have to be used as a deterrent to the crime of robbery?
California, United States of America
What constitutes "substantial evidence" in medical malpractice cases?
MultiRegion, United States of America
What is the test for determining whether someone has a valid claim in a civil case?
California, United States of America
Does the discovery rule apply to breach of fiduciary duty claims?
"New York", United States of America
What is the test for medical care required for a plaintiff to recover from an assault?
California, United States of America
What is the bare evidence of an arrest warrant?
California, United States of America
Does a motion for reconsideration need to be reviewed for abuse of power?
MultiRegion, United States of America
Is coercive police activity a prerequisite for a finding that a confession was involuntary?
California, United States of America
Is specific performance a presumptive remedy for the purchase and sale of real estate?
British Columbia, Canada
In what circumstances will the Respondent be liable for defamation if his agent published an article without the knowledge, understanding and consent of Respondent's agents?
Alberta, Canada
Does the jury have to unanimously agree a defendant committed at least one act of unlawful sexual intercourse?
California, United States of America
What is the burden of discovery in an administrative mandamus proceeding?
California, United States of America
What is the test for interpreting "plain meaning" of a statute?
MultiRegion, United States of America
Does the burden of attorney's fees fall on the taxpayer?
California, United States of America
What are the elements of a pleading under the elements test?
California, United States of America
What is the test for applying the illegality of contract doctrine as a defense?
California, United States of America
Does the "last overt act" rule apply to civil wrongs?
California, United States of America
What is the test for the principle of common law barring misuse of the process?
British Columbia, Canada
In what circumstances will a defendant be charged with possessing a deadly weapon in jail?
California, United States of America
Is a failure to properly instruct on the increased risk of harm element of section 667.61 kidnapping qualifying circumstance harmless beyond a reasonable doubt?
California, United States of America
What is the test for setting aside a default in a personal injury action?
California, United States of America
What is the test for establishing there is evidence of conspiracy?
California, United States of America
What is the standard of care required by a medical professional to treat a patient in a motor vehicle accident?
British Columbia, Canada
What is the standard of review used by courts to determine the sufficiency of evidence in a sexual assault case?
California, United States of America
When a husband breaches a life insurance agreement that expressly requires the husband to maintain his life insurance policy, does he breach the agreement by failing to maintain the policy?
"New York", United States of America
What is the mens rea for recklessness?
British Columbia, Canada
What is a child’s right to have his or her parents contribute to his support?
Ontario, Canada
What is the legal test for removing a solicitor?
Ontario, Canada
How have the courts interpreted a motion alleging that a defendant was denied access to the courts during a search of his cell?
MultiRegion, United States of America
What is the standard of review in a personal injury case?
California, United States of America
Does the District Attorney's limiting instructions apply to limiting instructions?
"New York", United States of America
What is the appropriate amount for the purchase of a used wheelchair accessible van?
British Columbia, Canada
What is the test for a defendant to be convicted of conspiracy?
MultiRegion, United States of America
Can a party who puts the matter in issue have to provide the information at their own expense?
Nova Scotia, Canada
What is the test for failing to mitigate?
British Columbia, Canada
What is the test for rescission of a purchase and sale agreement?
Yukon, Canada
What are the elements of a professional negligence claim?
California, United States of America
What is the burden of proving prejudice in the context of the Court of Appeal's opinion on the issue?
MultiRegion, United States of America
Does a deeming provision under section 87(7)(d) of the Financial Conduct Authority apply to an amalgamated corporation?
Canada (Federal), Canada
When will a director no longer hold office?
Canada (Federal), Canada
What are the elements of perfect self-defense?
California, United States of America
What are the consequences of a district court's failure to comply with local rules?
MultiRegion, United States of America
What is the meaning of the term "search" in the context of the Fourth Amendment?
MultiRegion, United States of America
On appeal from the bankruptcy court de novo, what is the standard of review?
MultiRegion, United States of America
What is the legal test for probable searches in the context of Section 487.05 of the Criminal Code?
Alberta, Canada
When a defendant is charged with a single criminal offence but the evidence suggests more than one discrete crime, what is the law on unanimous agreement?
California, United States of America
Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
Are the parents of a deceased person entitled to a share of the proceeds of his estate?
"New York", United States of America
What is the test for whether a defendant is competent to stand trial?
California, United States of America
What is the test for admitting a statement that was erroneously admitted at trial?
California, United States of America
What is the test for reasonable cause in a criminal case?
"New York", United States of America
What is the standard for awarding custody of a minor child to a non-parent?
California, United States of America
Is a surgeon required to disclose a material risk?
British Columbia, Canada
What factors are considered to determine whether a claim can be successful in a personal injury case?
MultiRegion, United States of America
What is the standard of review in a murder case when the prosecution relies mainly on circumstantial evidence?
California, United States of America
Is a failure to instruct on a lesser included offense reversible?
California, United States of America
Can a probation officer's report show that a defendant had contact with a police force that was never charged?
California, United States of America
What is the impact of the US Supreme Court ruling in favour of the Canadian authorities against the US Department of Justice?
British Columbia, Canada
Is simple kidnapping an aggravated or aggravated crime?
California, United States of America
Does a tax-exempt entity have a right to possessory possession of property?
California, United States of America
What is the standard of review applied to an order of dismissal following a demurrer?
California, United States of America
Can a judge hear a section 664.6 motion and enter the terms of the settlement as a judgment?
California, United States of America
How has the court interpreted the standard of conduct of the Church of Scientology in awarding damages for sexual harassment?
Ontario, Canada
Does a plaintiff have a reasonable belief in consent defense?
California, United States of America
