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 test for determining who is the "prevailing party" under section 1717 of the California Civil Code?
California, United States of America
Does the equitable rule apply to fees paid by the common fund?
California, United States of America
Can a plaintiff bring an action raising claims against an ongoing criminal proceeding?
MultiRegion, United States of America
Does attorney-client privilege extend to statements of intent to commit future crimes?
California, United States of America
What is the effect of losing one of eighteen visitor parking spaces in a lot strata project?
British Columbia, Canada
Does a reliance on a prior injunction that prohibits a plaintiff from making a statement that is contrary to the anti-SLAPP legislation apply?
California, United States of America
What is the burden of a plaintiff's burden to amend her Complaint and what is the effect of that amendment?
California, United States of America
What is the test for admitting Rule 404(b) evidence of other acts?
MultiRegion, United States of America
What is the test for abuse of discretion when it comes to the relevance of evidence under section 352 of the Criminal Code?
California, United States of America
What is the test for dismissing a claim for sexual harassment?
California, United States of America
In a personal injury case, can an application for double costs be successful?
British Columbia, Canada
What is the general verdict in a medical malpractice case?
California, United States of America
Is there cause of action to support a preliminary injunction?
California, United States of America
What is the test for proving the corpus delicti?
California, United States of America
Can a defendant's mental impairment be determined only in a habeas corpus petition?
California, United States of America
What are the limits of the “buyer beware” principle?
British Columbia, Canada
Can a party withdraw their application and in effect dismiss the action?
California, United States of America
What is the test for establishing a prima facie duty of care in a motor vehicle accident?
Ontario, Canada
How have the courts interpreted the doctrine of "abandoning possession" in a commercial lease agreement?
Alberta, Canada
What is the effect of a plaintiff's failure to contact counsel during the course of a long period of time?
California, United States of America
How have courts interpreted language in the anti-SLAPP statute?
California, United States of America
Is a defendant entitled to an appellate record adequate to permit meaningful appellate review?
California, United States of America
What is the state attorney general's opinion on a requirement that appellant have their tattoos removed?
California, United States of America
How have the courts in BC dealt with the issue of a manager not always working nights?
British Columbia, Canada
What is the test for determining whether a plaintiff has a mental health issue?
MultiRegion, United States of America
Is it typical for costs to be determined at each procedural step of the litigation?
Ontario, Canada
What is the test for asking a jury to view the case through the victim's eyes?
California, United States of America
In what circumstances will a judge issue a warrant under subrule 60.11(4) to bring a debtor before the court?
Ontario, Canada
What is the difference between a government policy and an operational policy?
British Columbia, Canada
What is the standard applicable to a pretrial detainee's claim for conditions of confinement?
MultiRegion, United States of America
In what circumstances will an employer be liable for injuries sustained by an employee in a motor vehicle accident?
California, United States of America
In a motion for judgment of acquittal on the drug-related firearm possession count, how have the courts interpreted the "in furtherance" element of the charge?
MultiRegion, United States of America
What is the test for joint child support under s. 26.1(2) of the Divorce Act?
British Columbia, Canada
Is section 28(f)(2) of the California Evidence Code admissible to impeach credibility?
California, United States of America
What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained?
California, United States of America
How has the court treated the opening brief and supplemental brief in a personal injury case?
California, United States of America
Does the jury give a bad doctor a jury verdict for merely being a bad Doctor?
MultiRegion, United States of America
What is the test for using a state statute as a substitute for a federal statute?
MultiRegion, United States of America
Is there a bar to relitigation?
Canada (Federal), Canada
What is the reasonable person issue in the context of delayed discovery?
California, United States of America
What is the effect of prior police coercion on a subsequent statement?
MultiRegion, United States of America
What are some cases that have been decided by the Court of Appeal in the past?
Saskatchewan, Canada
What are the conditions of a probation order restricting a defendant from appearing in court unless he or she is a party or witness?
California, United States of America
Does res ipsa loquitur apply?
Ontario, Canada
Is there any case law that supports the argument that misstatements before the grand jury were intentional?
MultiRegion, United States of America
What is the effect of the last reasoned decision of the state courts on ineffective assistance of counsel?
MultiRegion, United States of America
Does a failure to issue sua sponte violate due process?
MultiRegion, United States of America
What if the People were not aware of the evidence given to the defense prior to that testimony?
"New York", United States of America
What is the test for appointment of counsel in a personal injury case?
MultiRegion, United States of America
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
What is the test for dismissing a complaint under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
What is the test for a judge to be impartial?
California, United States of America
What is the effect of mootness on the exercise of a court’s discretion?
Saskatchewan, Canada
Is it ineffective assistance of counsel to advise defendant to plead no contest to multiple possession charges?
California, United States of America
Does the Attorney General have any grounds to overturn a conviction for sexual assault against a man who was convicted of the same offences in the same Tahl form?
California, United States of America
How has the "odd lot" rule been applied to determine whether an employer has a claim against an at-home only employee in a Workers' Comp case?
California, United States of America
What is the test for presumption of ownership of property when a third party has possession of the property without explanation?
"New York", United States of America
What is the test for a court's failure to instruct on a lesser included offence?
California, United States of America
When determining whether the evidence was sufficient to sustain a criminal conviction, how does the court review the entire record?
California, United States of America
Does the trial judge have the authority to exclude the guns and the ammunition?
MultiRegion, United States of America
How much time will a federal judge take to investigate allegations of international terrorism?
Canada (Federal), Canada
What is the standard of review for the second issue in a medical malpractice case?
Canada (Federal), Canada
What is the test for a defendant who is convicted of murder of the second degree of the crime?
California, United States of America
What is the test for denying a motion to reopen a decision by the Board of Immigration Appeals?
MultiRegion, United States of America
What is the test for a defendant to challenge his sentence to life without parole in the Court of Appeal?
California, United States of America
What is the burden of proving illegality in a contract?
MultiRegion, United States of America
Does the term 'judicial discretion' apply to deny a motion to file a second amended complaint to the Court of Appeal?
California, United States of America
What is the current state of the law in the United States when it comes to detaining a suspected shoplifter?
Ontario, Canada
What is the state of the law in the context of a civil case brought by a plaintiff against a number of high-ranking officials?
MultiRegion, United States of America
How have the courts treated a claim of error in a jury's decision on fees-as-damages and apportionment?
California, United States of America
Does the Appeal Division need to consider any other submissions or grounds raised by the Applicant at this time?
Canada (Federal), Canada
What are the remaining Young factors in determining the outcome of a personal injury case?
British Columbia, Canada
What is the effect of a failure to articulate any pertinent or intelligible legal argument in an opening brief?
California, United States of America
When will a judge refuse to grant a divorce under the Divorce Act?
British Columbia, Canada
What is the argument that a sovereign state cannot be sued before a foreign court?
Canada (Federal), Canada
What are the elements of embezzlement?
California, United States of America
Is solicitor-client privilege valid?
Alberta, Canada
Is there an evidentiary hearing for abuse of power?
MultiRegion, United States of America
Is there any threat or intimidating behaviour in the videotape?
Ontario, Canada
What is the state of the law on involuntary medication?
MultiRegion, United States of America
What is the legal test for drafting a pro se pleading in a personal injury case?
MultiRegion, United States of America
Is there an abuse of discretion standard of review for a defendant who killed his ex-girlfriend in order to prevent her from reporting him to the police?
California, United States of America
In a sexual assault case, what is the effect of the victim's failure to describe with particularity the acts supporting the allegations?
California, United States of America
What is the effect of a prosecutor arguing that the jury should impose the death penalty to exact retribution?
California, United States of America
What is the test for valuing assets that are expected to appreciate?
Nova Scotia, Canada
What is the test for proportionality in disclosure of documents?
Newfoundland and Labrador, Canada
Can a defendant in a personal injury action obtain attorney fees?
California, United States of America
Can a portion of a fine imposed against a defendant under section 1463.23 of the California Criminal Code be deposited in a special account to fund AIDS education programs?
California, United States of America
What is the test for obtaining a judgment pursuant to Rule 11-3 of the Rules of Civil Procedure?
British Columbia, Canada
What is the test for dismissing a class action for want to prosecute?
British Columbia, Canada
What are the costs of a family litigation?
British Columbia, Canada
What is the test for proving that a murder victim committed the crime in order to obtain financial gain?
California, United States of America
What is the test for a finding that a defendant consented to a search?
California, United States of America
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees?
California, United States of America
What is the result of a motion to overturn a conviction on count 1 and 2 of a sexual assault charge?
California, United States of America
Is there any case law where a manager has been accused of making inappropriate comments about a supervisor?
California, United States of America
Is Section 654 of the California Three Strikes Act a violent felony?
California, United States of America
What is the test for awarding special costs in personal injury cases?
British Columbia, Canada
Can conduct which makes the resolution of an issue far more difficult than it should have been attract a special costs award?
British Columbia, Canada
If the limitation period does not start to run until the doctor patient relationship with the doctor has terminated, should it continue?
Ontario, Canada
What is the legal basis for a police officer to conduct a visual body cavity search of a person arrested for a misdemeanor?
MultiRegion, United States of America
Does a defendant have a right to demonstrate to the jury that he has a speech impediment?
"New York", United States of America
What is the bright line rule for determining when an investigatory stop crosses and becomes an arrest?
MultiRegion, United States of America
Does a patient have to agree with the diagnosis of a mental disorder?
Ontario, Canada
How has the court adjudged appellant as a ward of the court?
California, United States of America
Does admitting to the excluded testimony in a civil case result in a more favourable verdict?
California, United States of America
Can a motor vehicle be searched without a warrant?
MultiRegion, United States of America
What is the test for admitting to a charge of possession of Class A drugs with intent to manufacture methamphetamine?
MultiRegion, United States of America
Does the presumption of sanity apply at the sentencing phase of a criminal trial?
California, United States of America
What is the test for unanimous verdict in a civil case?
California, United States of America
What is the test for an ineffective assistance of counsel claim?
California, United States of America
Does a defendant have to plead and plead as a defense?
California, United States of America
What is the test for establishing that a defendant intended to distribute marijuana?
MultiRegion, United States of America
How has Proposition 36 been codified in the California Health and Safety Code?
California, United States of America
What is the test for instructing a jury on a lesser included crime?
California, United States of America
Does a claim for extrinsic fraud in a personal injury case have to be considered to be intrinsic fraud?
California, United States of America
What is the test for establishing a prima facie case of retaliation under section 1102.5 of the California Civil Code?
California, United States of America
How does section 1170(b) of the California Criminal Code apply to sentencing discretion?
California, United States of America
How has the common law felony-murder doctrine been interpreted?
California, United States of America
Can a motion for a new trial be heard on appeal?
California, United States of America
How has the court considered contested statements in a murder trial?
California, United States of America
What constitutes a substantial burden for a plaintiff to change his or her religious beliefs?
MultiRegion, United States of America
What authority exists for the proposition that a demand note is due on signing?
Alberta, Canada
What is a reasonable probability of success in a civil case?
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
What is the test for ineffective assistance of counsel?
California, United States of America
Does a defendant have grounds to argue that he was wrongfully sentenced for a drug conspiracy conviction that involved d-methamphetamine rather than l methamphetamine?
MultiRegion, United States of America
What is the test for obtaining a judicial review of a motion of appeal against a finding of not guilty?
California, United States of America
What is the propriety of removing a plaintiff from a federal court?
MultiRegion, United States of America
Is a frivolous, malicious or frivolous action dismissed?
MultiRegion, United States of America
What is the effect of speaking to police after being advised to do so?
California, United States of America
In what circumstances will the California Supreme Court strike down Proposition 8 as unconstitutional?
California, United States of America
What is the test for determining the sufficiency of evidence of premeditation and deliberation?
California, United States of America
What is the test for establishing personal jurisdiction against a defendant who allegedly made defamatory statements on the internet?
California, United States of America
When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred?
California, United States of America
What is the test for barring medical malpractice claims against an off-duty service member who sustained injuries in an incident to service?
MultiRegion, United States of America
What is the current state of the law on admitting new evidence on judicial review?
Newfoundland and Labrador, Canada
How have the courts treated a motion to disqualify a district judge and a magistrate judge?
MultiRegion, United States of America
Does CALCRIM No. 376 reference to "slight supporting evidence" reduce the burden of proof?
California, United States of America
What is the definition of the term "the same occasion" and what are the "operative facts" used to determine whether a defendant has committed the same crime on the same occasion?
California, United States of America
Is a failure to give the unanimity instruction harmless?
California, United States of America
What is the test for obtaining evidence of when a judge made a decision?
Yukon, Canada
What is the legal duty of a plaintiff in a motor vehicle accident case?
California, United States of America
What is the test for using section 207 of the Penal Code to justify a charge of recklessly causing grievous bodily harm against two women?
California, United States of America
Is a motion brought before this court to amend a decree nisi so that it reads as it should have read when it was issued in May 1983?
Ontario, Canada
How have the writs in the sheriff's hands bound the standing crop of Lemay at the date of sale?
Saskatchewan, Canada
What is the legal test for determining the duration of a spousal support order?
British Columbia, Canada
What is the difference between a criminal and a civil habeas?
MultiRegion, United States of America
What is the limitation on implied malice in the case of second degree murder?
California, United States of America
What is the test for a motion to vacate an adverse judgment?
California, United States of America
Is res ipsa loquitur applicable in a motor vehicle accident?
MultiRegion, United States of America
Does the fact that the accused was given a warning or obtained legal advice between the two statements?
British Columbia, Canada
What is the standard of care in negligence in medical malpractice cases?
British Columbia, Canada
What is the test for calculating damages in an antitrust action?
MultiRegion, United States of America
What is the initial burden of establishing a genuine issue of material fact?
MultiRegion, United States of America
Can a plaintiff bring a claim for mental distress in a breach of contract?
Alberta, Canada
What is the test for obtaining a restraining order under the California Domestic Abuse Prevention Act?
California, United States of America
What is the test used to determine whether the exclusion of evidence in a criminal case violated a defendant's due process rights?
MultiRegion, United States of America
Can intervenors be liable for costs in a personal injury action?
Northwest Territories, Canada
Does section 654 of the California Criminal Code prohibit multiple punishment for multiple crimes arising out of a single transaction?
California, United States of America
What is the test for obtaining financial assistance for the purchase of a private company's shares?
Alberta, Canada
What is the test for punitive damages in a workplace injury case?
California, United States of America
Does a court have a duty to warn the public that a dangerous juvenile has been released from a juvenile detention facility to his local community?
California, United States of America
What is the entitlement to compensation on non-compensation grounds?
British Columbia, Canada
What is the test for a search warrant issued by the Court of Appeal?
California, United States of America
What is the impact of the California Communications Act on First Amendment rights?
California, United States of America
What is the test for whether a vaccine has been approved for use in Canada?
Ontario, Canada
What is the big picture when determining parenting arrangements?
Nova Scotia, Canada
What is relevant but not determinative in determining the materiality of a procedure?
British Columbia, Canada
How have the courts interpreted the findings of Reynolds v. Sims and its progeny?
MultiRegion, United States of America
What is the test for review for abuse of discretion?
MultiRegion, United States of America
What is the current state of the law regarding the seizure of children by police officers without a court order?
MultiRegion, United States of America
What is the test for determining whether a conviction violates due process?
MultiRegion, United States of America
What is the effect of imperfect self-defense instruction in a murder case?
California, United States of America
What is the difference between a mortgage and a secured loan?
Ontario, Canada
What is the test for denying a motion for a reduced sentence under section 1170.18 of the California Penal Code?
California, United States of America
Does the sentencing judge have a duty to provide the sentencing counsel with the appropriate information?
MultiRegion, United States of America
How is a motion for a continuance reviewed on appeal?
California, United States of America
How have courts determined that speed was a factor in a fatal collision involving a moose?
British Columbia, Canada
What are the elements of equitable estoppel?
California, United States of America
Can a successful party who has given a willfully dishonest evidence deny the denial of costs?
British Columbia, Canada
What is the current state of the law on the instruction of a jury in a second degree murder case?
California, United States of America
Is there any case where a doctor was found guilty of conspiracy to commit grand theft?
California, United States of America
Can a defendant argue that his confession was involuntary based on coercive and deceptive tactics?
California, United States of America
What is the meaning of a paragraph in a commercial agreement that states that a contractual agreement does not stipulate that a contract does not contain the following items?
California, United States of America
Is there any case law in which a defendant is found guilty of aiding and abetting a murder in the second degree?
California, United States of America
What is the test for determining whether a party has to bear their own attorney fees?
MultiRegion, United States of America
In what circumstances will a court order an alienating father to take a parenting course?
Ontario, Canada
What is the test for reversal of a criminal verdict when there is a conflict of interest?
California, United States of America
What is the difference between a proposed Minutes of Settlement and a Rule 49 offer?
Ontario, Canada
What is the evidentiary sufficiency of a finding of great bodily injury in a sexual assault case?
California, United States of America
What are some cases where a bankruptcy judge relied upon a debt that was not in the six months leading up to the petition?
British Columbia, Canada
Is a pro se plaintiff entitled to a court-imposed deadline for filing a transcript of a civil proceeding?
federal, United States of America
How has the Court interpreted the intent element of the forgery statute?
California, United States of America
What is the test for res judicata in a personal injury action?
California, United States of America
How has the court considered "objective standard of reasonableness" in setting an attorney's fee?
California, United States of America
Can a payor impute income for employment in the form of shares or stock options?
British Columbia, Canada
What is the standard of review for excess jurisdiction?
Canada (Federal), Canada
What is the test for a reciprocal right to attorney fees in a contract?
California, United States of America
How have courts dealt with the issue of whether a plaintiff's claim was timely?
California, United States of America
