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 pleading be deemed frivolous and vexatious?
Ontario, Canada
Can a defendant waive his right to be present at a sentencing?
California, United States of America
What constitutes extreme and outrageous conduct for a cause of action for intentional infliction of emotional distress?
California, United States of America
What is the test for establishing a permanent estrangement under the marital privilege?
MultiRegion, United States of America
What is the test for calling a prosecutor a "nut job" or "creepy" in a sexual assault case?
California, United States of America
What is the current state of the law on cross-examination?
British Columbia, Canada
What is the test for waiver of right to arbitrate?
California, United States of America
Can a motion to relieve a court-appointed attorney be denied without a hearing?
MultiRegion, United States of America
What is the effect of a judgment of dismissal on a disability claim against the General Telephone Disability Plan?
California, United States of America
What is the effect of a plaintiff's failure to request any clarification in the trial court and then acquiesce in the issuing of an instruction?
California, United States of America
What is the effect of striking one count of possession of a firearm by a felon from each defendant's sentence?
California, United States of America
What is sufficient to convict a defendant of knowing participation in an established conspiracy?
MultiRegion, United States of America
What are the consequences of pleading guilty in a civil case?
California, United States of America
Is there any case law in which a prisoner can bring a claim for damages for retaliation against their First Amendment rights?
MultiRegion, United States of America
Does the California Supreme Court have any authority or authority to amend or amend a section of the California Statutory Code of Civil Procedure to make it easier for a plaintiff to sue for damages?
California, United States of America
In what circumstances will an insurer be able to defend and indemnify a third party claim in a lawsuit brought in any state?
California, United States of America
What is the test for determining whether a buyer had the financial ability to perform under a purchase agreement?
California, United States of America
What is the test for dismissing a Rule 41(e) motion?
MultiRegion, United States of America
Is a critical analysis of an opposing expert's methodology admissible?
British Columbia, Canada
How have the courts treated allegations of prosecutorial misconduct in closing arguments?
California, United States of America
What is the current state of the law on the judicial treatment of clinical notes?
British Columbia, Canada
What is the test for quantifying future earning capacity for a plaintiff?
British Columbia, Canada
What is the test for accepting a complaint for filing?
British Columbia, Canada
How has section 654 of the California Criminal Code been interpreted in the context of divisibility?
California, United States of America
What is the test for a review of a decision by a reviewing court to grant approval for a residential development?
California, United States of America
In what circumstances will a confession or statement be admissible if the police held out explicit threats or promises to the accused?
British Columbia, Canada
Is ignorance of a possible cause of action against a public entity an excuse for failure to act?
California, United States of America
What is the range of aggravated damages for defamation?
Saskatchewan, Canada
What is the test for constructive possession in a criminal case?
MultiRegion, United States of America
What is the range of injuries for a plaintiff in a motor vehicle accident?
British Columbia, Canada
Is there any evidence to support an inference that a police report to the police was fabricated?
MultiRegion, United States of America
Is there an actual injury that triggered the one year statute of limitations provided by section 340.6 of the Civil Code of Civil Procedure when he incurred attorney's fees in the underlying action?
California, United States of America
What is the evidentiary threshold for establishing a right to restitution at a victim restitution hearing?
California, United States of America
What are the triable issues in a medical malpractice case?
"New York", United States of America
What is the standard of review for a motion to overturn an order from a lower court?
California, United States of America
What is the current state of the law on sentencing under the forfeiture doctrine?
California, United States of America
How have the courts dealt with allegations of abuse of discretion in a sexual assault case?
California, United States of America
What is the definition of a class and what is the purpose of the class definition?
Ontario, Canada
What is the remedy for a search and seizure under the Fourth Amendment?
California, United States of America
What is the effect of a district court judgment denying habeas corpus?
MultiRegion, United States of America
What is the current state of the law on hypothetical questions?
California, United States of America
What is the test for retaining jurisdiction over state law claims in a civil action?
MultiRegion, United States of America
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 preparing a defense in a civil case?
MultiRegion, United States of America
Is a violation of section 273 a a crime of moral turpitude?
California, United States of America
What is the test for self-sufficiency in a married couple?
British Columbia, Canada
What is the legal context for a plaintiff's claim of vicarious liability?
British Columbia, Canada
What is the scope of a defendant's right to select his own lawyer?
MultiRegion, United States of America
Does the fact that a witness testified untruthfully at a previous trial constitute a finding that he is testifying perjuriously at trial?
MultiRegion, United States of America
Can a search warrant be used in a contemporaneous search?
"New York", United States of America
What is the test for timely filing of a Notice of Appeal under Bankruptcy Rule 8002?
MultiRegion, United States of America
What is the difference between an order compelling a third party to produce information as part of a criminal investigation and a subpoena compelling that third party produce information once a criminal proceeding has commenced?
"New York", United States of America
Is there any case law where the trial court's failure to impose a sentence on count two was improper and resulted in an unauthorized sentence?
California, United States of America
How have the courts dealt with misstatements made by the prosecutor in a criminal case?
California, United States of America
In a search warrant application, what is the effect of a judge's finding on a police knock-notice?
California, United States of America
What are the consequences of section 113A of the Criminal Code in s. 113A?
Nova Scotia, Canada
What is the standard of review for appeal in bankruptcy cases?
MultiRegion, United States of America
Does a retaliatory search or seizure violate the Fourth Amendment rights of a civilly committed individual?
MultiRegion, United States of America
When will a defendant be allowed to set aside his guilty plea before sentencing?
MultiRegion, United States of America
What is the impact of the prosecutor's statement that the moral weight of taking a life for financial gain is one factor for the jury to consider?
California, United States of America
What is the scope of an expert’s cross-examination at a personal injury trial?
Ontario, Canada
What is the effect of a motion for departure under the Criminal Code when a defendant is seeking a reduction in his sentence?
MultiRegion, United States of America
In a combined hearing to address an application under the Director of Civil Forfeiture Act, how have the courts in BC dealt with these types of applications?
British Columbia, Canada
What is the test for a person to be charged with membership of a criminal gang?
California, United States of America
Does a defendant have a right to counsel at a resentencing proceeding where the entire sentencing package has been set aside?
California, United States of America
What are the credibility of adversaries in a high-profile divorce?
British Columbia, Canada
What is the test for a motion for a mistrial in a criminal case where a defendant has admitted to a prior criminal record?
California, United States of America
What is the standard of review for a special circumstance appeal?
California, United States of America
Does a limitation on cross-examining a prosecution witness at trial violate a defendant's right to confront the witness?
California, United States of America
What is the burden of proving that a negligent act occurred outside the statute of limitations?
California, United States of America
Is there any error in a federal judge's finding that an audit was made?
MultiRegion, United States of America
What is the test for a charge of recklessly discharge a firearm from a motor vehicle with intent to cause great bodily injury?
California, United States of America
Can a libel action be brought against a newspaper publisher on behalf of a plaintiff and her minor children?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
In a sexual assault case, what is the meaning of the word "without the victim's consent"?
California, United States of America
Is a Subscription Agreement binding on a mortgage syndicate to repay a loan?
Ontario, Canada
What is the scope of disclosure in medical malpractice cases?
California, United States of America
What is the test for a jury's verdict in a personal injury case?
California, United States of America
In a personal injury case, in what circumstances will the court order that common sense be considered as a factor in determining future care costs?
British Columbia, Canada
Can a court impose only a single enhancement under section 12022.3 of the Sexual Offences Act, if there are more than one weapon involved in the crime?
California, United States of America
Is a waiver of a defendant's right to unconflicted counsel enforceable?
California, United States of America
What is the test for an ineffective assistance of counsel claim?
California, United States of America
What is the standard of instruction for a jury in a civil case?
California, United States of America
What is the test for an assertion that, because of a mental disability, the applicant was incapable of agreeing to the terms of a settlement that was reviewed and signed by him?
Ontario, Canada
Is ejaculation sufficient to complete the crime?
California, United States of America
What is the mootness of a motion seeking to defer the removal of a Canadian niece and her 12-year-old son?
Canada (Federal), Canada
Does verbal harassment directed at a prisoner by a prison official constitute verbal harassment?
MultiRegion, United States of America
Does a defense counsel render ineffective assistance of counsel for failing to include the victim's letter in their opening statement?
California, United States of America
What is the test for making a finding under section 290.006 of the California Sex Offences Act?
California, United States of America
What is the test for following a court order?
Ontario, Canada
What is the current state of the law on maintenance and support under s. 15 of the Divorce Act, 1985?
Prince Edward Island, Canada
What is the test for ineffective counsel in a habeas corpus petition?
MultiRegion, United States of America
What are the elements of a slander of title action?
California, United States of America
Does section 219 of the BC Code of Civil Procedure require a covenant of faith?
British Columbia, Canada
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
What is the legal test for dismissing an appeal against a motion of appeal against the conviction of a defendant who is currently on the run?
California, United States of America
What are the findings of a motion judge's reasons for judgment on costs?
Prince Edward Island, Canada
What is the standard of review for a finding that Pugh was not a government agent at the suppression hearing?
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
What is the test for the enhancement of great bodily injury in a motor vehicle accident?
California, United States of America
What is the test for establishing a "founded suspicion" or "articulable reason" to detain a person?
California, United States of America
Is a vehicle security system permitted to be used in a motor vehicle accident case?
California, United States of America
What is the test for substituting jurors for a jury in a civil case when a juror dies or becomes ill?
California, United States of America
What is the legal test for reducing a conviction to a lesser included crime?
California, United States of America
How has the court treated a motion for a new trial for abuse of discretion?
California, United States of America
What is the test for admissibility of evidence of out-of-court statements in abuse of discretion?
California, United States of America
What is the test for excluding an eyewitness identification of a defendant in a sexual assault case?
California, United States of America
What is the test for an accident insurance claim?
Ontario, Canada
Does a plaintiff have a duty to seek out alternate occupations which would be less likely to exacerbate his back problems?
British Columbia, Canada
Is there a reasonable probability that the defense would have disclosed impeached impeached or impeached evidence to the defense?
California, United States of America
What is the impact of the absence of an opportunity to provide evidence about the form of marriage certificate issued 45 years ago?
Canada (Federal), Canada
What is the test for dismissing a complaint with leave of amend?
MultiRegion, United States of America
Does a bankruptcy court have jurisdiction to exclude a debtor's assets from their bankruptcy estate?
federal, United States of America
What is the test for determining whether a property owner has been paying taxes on the property described in his deed as "unimproved land"?
California, United States of America
What is the reasonableness standard of review in the context of personal injury cases?
British Columbia, Canada
What is the test for admissible evidence of an uncharged crime?
California, United States of America
What is the test for determining whether defense counsel was ineffective for not moving to reduce the sentence on constitutional grounds?
California, United States of America
What is the test for equitable tolling of the statute of limitations?
MultiRegion, United States of America
Does an employee of a rental car company have regular use of the vehicles?
Ontario, Canada
Can a plaintiff recover emotional distress from a defendant who causes injury to a family member?
MultiRegion, United States of America
Is it appropriate for a child to pursue full-time employment during the academic year?
Ontario, Canada
Can a writ of habeas corpus be denied?
MultiRegion, United States of America
What is the test for suing for specific performance of a contract?
British Columbia, Canada
Can a guilty plea be struck on appeal?
Ontario, Canada
What is the effect of issuing an arrest warrant on an individual?
MultiRegion, United States of America
Is a prosecution duty to specifically identify in the information the statute of limitations applicable to each charged offense?
California, United States of America
How have the courts interpreted the doctrine of "willfully false" testimony in the context of an assault case?
California, United States of America
What is the current state of the law on juror bias?
MultiRegion, United States of America
Does possession of a firearm constitute a necessary element to the offense of transportation?
California, United States of America
What are some cases dealing with sexual assault under the California Penal Code?
California, United States of America
Under what circumstances will a police officer enter a house in search of a firearm?
MultiRegion, United States of America
What is the appellate standard of review in a mixed fact matter?
Prince Edward Island, Canada
What is the test for impeaching a judgment or verdict based upon evidence that merely discloses unusual circumstances?
California, United States of America
What is the current state of the law on costs in family litigation?
British Columbia, Canada
What is the test for the doctrine of negligence in motor vehicle accidents?
California, United States of America
What is the test for whether a defendant has intent to commit an act of violence?
MultiRegion, United States of America
What is the test for prejudice in a motion where the error was found to be harmless beyond a reasonable doubt?
California, United States of America
What is the test for a change in s. 17(4) of the Divorce Act?
Ontario, Canada
Does a party's attorney have general authority to control the procedural aspects of the litigation?
California, United States of America
What is the test for proximity between a person who sells goods at the same time as the person selling the goods at a different store?
Saskatchewan, Canada
What is the test for an allegation of "aid and abet in the operation of a gambling establishment"?
"New York", United States of America
What are the factors used to determine a finding of professional misconduct?
British Columbia, Canada
Does a periodic fee award during the remedial phase of a prisoner civil-rights case have jurisdiction to appeal?
MultiRegion, United States of America
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence?
California, United States of America
Can a state prisoner appeal a district court's denial of habeas corpus?
MultiRegion, United States of America
Can a non-custodial parent who cannot find his or her ex spouse and children take advantage of the remedies provided by the Court?
California, United States of America
Can a plaintiff continue to seek the same remedy using different legal arguments in different triers of fact?
Ontario, Canada
What is the burden of establishing entitlement to attorney fees?
California, United States of America
What is a prosecutor's conduct while giving evidence in a criminal trial?
MultiRegion, United States of America
Is a prison official liable under the Eighth Amendment for failing to protect an inmate from harm due to poor medical care?
MultiRegion, United States of America
Can a judge give an explanation for a ruling?
MultiRegion, United States of America
Is a prisoner entitled to participate in a civil rights litigation against the Department of Justice?
MultiRegion, United States of America
Does Section 4502, subdivision (a) of the California Penal Code prohibit the possession of a sharpened pencil designed to be used as a pencil?
California, United States of America
What is the test for a jury to determine whether a defendant acted with intent or deliberation in a motor vehicle accident?
California, United States of America
Is a section 654 claim waived?
California, United States of America
Is similar fact evidence admissible in a personal injury case?
Ontario, Canada
What is the statute of limitations for declaratory relief?
California, United States of America
What is the impact of substantial success at trial?
British Columbia, Canada
Does a preliminary determination that a prospective immigrant is not qualified in his or her occupation constitute an assessment?
Canada (Federal), Canada
What is the effect of ineffective counsel on a motion to set aside a guilty plea?
California, United States of America
Can a defendant waive his right to a jury trial on the truth of a prior prison term allegation?
California, United States of America
Can a slight amount of work be considered “work” under a collective agreement?
Canada (Federal), Canada
What is the length of a trial in a medical malpractice case?
California, United States of America
What is the test for establishing that a partner is bound to act in the highest good faith to his partner in all proceedings connected with the conduct of the partnership?
California, United States of America
Does money laundering and money laundering constitute money laundering offences?
MultiRegion, United States of America
How has the probation department treated a defendant's abuse of discretion?
California, United States of America
What is the test for instructing a jury on general principles of law?
California, United States of America
What is the test for a jury to overturn a finding of guilt on the basis of questionable identification?
California, United States of America
Is a claim for spousal support for a spouse who has been found guilty of misconduct not a relevant consideration in her claim?
British Columbia, Canada
What is the test to determine contributory negligence in a motor vehicle accident?
British Columbia, Canada
What is the test for an employee to obtain a share of a pay equity settlement?
Ontario, Canada
Can imperfect self-defense apply to a direct perpetrator and not the aider and abettor?
California, United States of America
Does a defendant have an opportunity to set aside an ex parte order if they demonstrate any injustice or prejudice?
British Columbia, Canada
What are the requirements of Section 1951(a) of the Criminal Code requiring proof of a potential impact on interstate commerce?
MultiRegion, United States of America
Is there any case law where a defendant has been found guilty of a range of criminal offences, including conspiracy to escape from jail, false imprisonment, and possession of a firearm?
California, United States of America
What is the proper approach of the court to consider the language of the will?
British Columbia, Canada
How have courts dealt with a claim for bad faith refusal to settle within policy limits?
California, United States of America
What are the consequences of a conviction for possession of a firearm by a felon?
California, United States of America
What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion?
California, United States of America
Does a proper aiding and abetting instruction in a witness protection case invalidate a finding of an accomplice?
California, United States of America
What is the test for determining the quantum of a lawyer's costs?
Ontario, 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
What are the consequences of a finding of frivolousness in a personal injury case?
MultiRegion, United States of America
What is the limitation period on a plaintiff’s claim in pith and substance?
New Brunswick, Canada
What is the law on apportioning between two parties?
British Columbia, Canada
What is the threshold question in a personal injury action?
British Columbia, Canada
What is the current state of the law on cross-dealing?
MultiRegion, United States of America
Is there any case law where a defense counsel has been found to have made a personal attack on the integrity of the defense counsel?
California, United States of America
What is the test for describing a victim in a personal injury case?
California, United States of America
What is the relevant and material material material record in the context of a claim?
Alberta, Canada
When will a prospective juror's assessment of their state of mind be binding on the reviewing court?
California, United States of America
In what circumstances is a taxpayer entitled to deduct child support payments made to an adult son who is living in a university dormitory?
Canada (Federal), Canada
Can a defendant in a personal injury case treat the abandonment of an agreement as abandoned?
Saskatchewan, Canada
What is the procedure to follow to determine the common issue?
Ontario, Canada
What is the threshold test for determining jurisdiction in a professional misconduct case?
British Columbia, Canada
What is the test for an allegation of ineffective counsel?
MultiRegion, United States of America
What is the meaning of "residence" in the context of the Income Tax Act?
British Columbia, Canada
In what circumstances will a police officer be able to provide direct evidence to a second officer?
"New York", United States of America
What is the standard for determining whether a defendant is liable for negligence under the Jones Act?
MultiRegion, United States of America
What is the proper procedure for a plaintiff to claim damages in a motor vehicle accident?
British Columbia, Canada
