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 an action in unjust enrichment?
British Columbia, Canada
In what circumstances will the court treat the government's failure to present its position in a full brief on the merits of a motion for attorney's fees as an error of counsel?
MultiRegion, United States of America
What is the test for a court to consider a mother's application to move to Canada?
British Columbia, Canada
What is the test for a standard of care?
Ontario, Canada
Does Juan have a right to file a supplemental brief?
California, United States of America
Does section 654 of the California Criminal Code include a gang-related street terrorism charge?
California, United States of America
What is the test for making a claim de novo?
California, United States of America
Does a union have standing in a medical malpractice case?
MultiRegion, United States of America
Is a pleading of negligent misrepresentation in a claim for damages arising in negligence simpliciter?
Ontario, Canada
What is the impact of a workers’ compensation scheme on a tortfeasor?
Alberta, Canada
Can a defense counsel refuse to assign a prosecutor's brief comment as misconduct?
California, United States of America
Does section 3856(b) of the California Tax Code allow for fees paid by an employee's attorney to be deducted from the employer's lien?
California, United States of America
What is the test for appeal against convictions on convictions for sexual assault?
Alberta, Canada
What is the limitation of disclosure against Dr. A that the complaint against him was dismissed on a preliminary basis?
British Columbia, Canada
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for determining whether a member of the House of Representatives has committed a criminal offence under the Criminal Code?
Alberta, Canada
What is the test for a constitutional duty to consult in this treaty?
Yukon, Canada
What impact will rehabilitation have on a person's permanent disability rating?
California, United States of America
Can a defendant challenge the truthfulness of an affidavit supporting a search warrant?
MultiRegion, United States of America
What is the test for a motor vehicle theft?
California, United States of America
Does a motion for security for costs become a summary judgment?
Ontario, Canada
What is the test for whether a conviction for a criminal offence is a generic federal offence?
MultiRegion, United States of America
What is the test for a defendant to prove that he was a driver of the getaway car at the time of the crime?
California, United States of America
Can a defendant succeed on a claim of ineffective assistance of counsel?
California, United States of America
Does the "intangible rights" theory of fraud under section 1346 of the Criminal Code apply to private individuals as well as public figures?
MultiRegion, United States of America
What is the penalty for a plaintiff who rejects a reasonable offer to settle?
British Columbia, Canada
What is the statute of limitations for a lawsuit to renew a judgment?
California, United States of America
How have courts interpreted coercion in this context?
British Columbia, Canada
What is the test for reversing a judge's order?
Saskatchewan, Canada
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident?
Alberta, Canada
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel?
California, United States of America
What is the legal test on judicial review?
British Columbia, Canada
What is the test for reasonable searches and seizures under the fourth amendment?
MultiRegion, United States of America
What is the test for determining whether the donor or the donor knew what they intended to do?
British Columbia, Canada
When will the Court of Appeal rule that a defendant be able to remove himself from a federal proceeding?
MultiRegion, United States of America
What is the test for making a prima facie showing in a section 1170.95 petition?
California, United States of America
Is a prison officer liable for failing to prevent an assault?
MultiRegion, United States of America
What is the case law in Canada on the subject of subsequent events which aggravate injuries received in a tortiously caused accident?
British Columbia, Canada
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Is Section 473 of the Code of Civil Procedure applicable to probate proceedings?
California, United States of America
What are the relevant factors for a finding of consciousness of innocence?
Ontario, Canada
What is the impact of the Charter on the ability of the courts to set limits to the amount of social benefits available to all?
Ontario, Canada
What is the test for making a challenge to the sufficiency of evidence in a burglary case?
California, United States of America
What is the consequence of the Government's failure to disclose to the public?
MultiRegion, United States of America
What is the test for using first names for witnesses in a civil case?
California, United States of America
What is the test for an attempted first degree murder?
California, United States of America
Is a plaintiff's counsel permitted to advance claims for intentional infliction of harm and make allegations of conspiracy to oust an arbitration clause?
Ontario, Canada
Does a defendant who provided a gun and/or an accomplice with a deadly weapon need to be held responsible for the assault and murder of a victim?
California, United States of America
Does the evidence sufficient to sustain a conviction solely on the basis of constructive possession?
California, United States of America
Can counsel oppose a motion making suggestive identifications?
MultiRegion, United States of America
What is the limitation period under the Limitation Act?
British Columbia, Canada
In what circumstances will the court allow a plaintiff to argue that they have a claim of right over the victim's purse?
California, United States of America
What is the effect of a failure to file a motion for a new trial or for relief under section 473 of the Code of Civil Procedure?
California, United States of America
In what circumstances will a motion for summary judgment be dismissed?
Ontario, Canada
Is privileged communications between a lawyer and a client privileged?
Ontario, Canada
Does the prosecution have a duty to locate a defendant and secure their presence before the court?
"New York", United States of America
What is the evidentiary test for a Halliday order?
British Columbia, Canada
Does a defendant have standing to contest a search of a friend's home?
MultiRegion, United States of America
How has a defendant been convicted of possession of cocaine base for personal use?
California, United States of America
What is the tort of malicious prosecution?
Ontario, Canada
Is there an abuse of discretion standard in determining whether or not a plaintiff has to pay half of the fee paid by a referee?
California, United States of America
Is there any case law where a defendant waives his Miranda right?
MultiRegion, United States of America
How has the jury been instructed in a jury trial?
California, United States of America
What is the effect of the driveway privacy principle on a motor vehicle accident?
Ontario, Canada
What is the impact of winter ice on road safety in Canada?
Ontario, Canada
What is Bolain's contention that the evidence against him was insufficient to convict him of murder?
MultiRegion, United States of America
What are the fees a property owner may recover from a condemning agency pursuant to section 1250.410 of the California Code of Civil Procedure?
California, United States of America
What is the test for a city's right to prohibit smoking marijuana in public places?
California, United States of America
Can a motion to withdraw from a criminal proceeding be granted under the Kentucky Civil Code?
California, United States of America
What is the current state of the law in the context of a university's appeal?
British Columbia, Canada
Does the Registrar have jurisdiction to dismiss a complaint?
British Columbia, Canada
What is the test for a plaintiff to sue for damages in a motor vehicle accident?
MultiRegion, United States of America
Does a plaintiff have to "forfeit" his complete and imperfect self-defense claim by taking a gun into his backyard?
California, United States of America
What is the threshold question for a bar the chambers judge to exercise discretion?
British Columbia, Canada
What is the test for insufficient evidence in a sexual assault case?
California, United States of America
What is the test for a jury trial in a workers' compensation case?
California, United States of America
Does a defendant have a right to confront the prosecution's witnesses?
California, United States of America
Can an expert testify as to the details of a medical malpractice case if they are otherwise inadmissible?
California, United States of America
Is a claim brought against a different state's attorney moot?
MultiRegion, United States of America
Does a district court need to consider the effect of a local rule that would result in the dismissal of a case?
MultiRegion, United States of America
Can a seller misrepresentate a vehicle's condition?
British Columbia, Canada
Does the rule of exhaustion apply to a defendant's application for a writ of habeas corpus?
MultiRegion, United States of America
What are some cases where a judge ruled that a plaintiff was entitled to sue on a different type of claim?
California, United States of America
What is the test for assessing past loss of earning capacity in the context of loss of opportunity?
British Columbia, Canada
In what circumstances have courts reversed a verdict in a malicious prosecution action?
California, United States of America
Does third party notice disclose a cause of action?
Alberta, Canada
What is the pleading in pleading in a class action alleging misrepresentation in the secondary market?
Ontario, Canada
What is the test for overt acts of concealment in criminal proceedings?
Alberta, Canada
What is the test for a defendant to request separate counsel in a personal injury action?
California, United States of America
What is the effect of age discrimination in employment?
British Columbia, Canada
Is there any case law supporting the argument that a claim is not a contractual claim?
British Columbia, Canada
What is the test for jury unanimity in a criminal case?
California, United States of America
What is the test for habeas relief from a conviction or sentence in a state court?
MultiRegion, United States of America
Does the Larosa air of reality test apply in a non-Charter context?
British Columbia, Canada
What is the definition of wrongness in the context of the insanity defense?
MultiRegion, United States of America
What is the burden of establishing a defendant's innocence?
California, United States of America
What are the implications of a Bullock or Sanderson Order on a motion for personal injury?
Ontario, Canada
What is the test for determining whether a challenged voting practice violates Section 2 of the Civil Rights Act?
MultiRegion, United States of America
What is the test for failing to comply with a court order?
Ontario, Canada
What is the double cost rule?
British Columbia, Canada
Is a waiver that waives right to appeal from sentence enforceable?
California, United States of America
What is the test for setting forth the facts in the context of a claim in a personal injury case?
California, United States of America
What is the impact of a witness’s testimony on the evidence?
Ontario, Canada
What is the effect of having a referee appointed to adjudicate a cause of action?
California, United States of America
What are the general principles for recovery of damages for loss of future earning capacity?
British Columbia, Canada
Can an employer unilaterally change the essential terms of an employee’s employment contract?
British Columbia, Canada
What is the standard of review of a ruling denying a mistrial motion?
California, United States of America
What is the test for determining whether a jury instruction correctly states the law?
California, United States of America
What is the effect of section 654 of the California Criminal Code on a sentence for assault with intent to cause grievous bodily harm?
California, United States of America
How have the courts interpreted the terms of a trust agreement where a life-tenant was ordered to repay his trust fund to his executors?
"New York", United States of America
What is the current state of the law on allowing defense attorneys to argue further on factual matters after the jury retired to deliberate?
MultiRegion, United States of America
Is it unreasonable for a superior court to refuse to instruct a jury as it deliberated in response to its request?
California, United States of America
Can the statute of limitations be raised as a time bar in a criminal case?
California, United States of America
What is the test for establishing that identification procedure does not violate due process?
MultiRegion, United States of America
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code?
California, United States of America
Does a third party psychotherapist have a duty to warn the intended victim?
California, United States of America
What is the test for determining the voluntariness of a confession in a criminal case?
California, United States of America
When will a judge grant a motion of habeas for a new trial?
MultiRegion, United States of America
What is the difference between parole revocation proceedings and probation revocation proceedings?
California, United States of America
What is the test for dismissing a frivolous appeal?
California, United States of America
What is the test for divisibility of an injury?
British Columbia, Canada
Does a judge have a duty and duty to control the conduct of the trial?
California, United States of America
What is the test for the tort of misfeasance in public office?
Canada (Federal), Canada
What is the test for determining if there is any evidence that a reasonable jury can return a verdict of guilty?
Ontario, Canada
What is the burden of meeting a special master's burden on a nursing faculty?
MultiRegion, United States of America
What is the test for a claim for damages in a medical malpractice case?
MultiRegion, United States of America
What is the test for determining that a motor vehicle accident could not be described as violent?
British Columbia, Canada
What is the meaning of an underwriting rule?
California, United States of America
How have courts treated the issue of corroboration in perjury cases?
"New York", United States of America
What is the test for severance relief in a case where the trial court denied the severance motion?
California, United States of America
In what circumstances will a judge order custody to the mother, specified access to the father and non-removal order?
Ontario, Canada
What is the test for an arbitrator to enforce a contract where the contract is not enforceable?
Ontario, Canada
What is the surgeon’s disclosure obligation?
British Columbia, Canada
In what circumstances will counsel be ineffective in objecting to evidence at trial?
California, United States of America
Is a plea agreement that grants immunity to a witness in a sexual assault case valid?
California, United States of America
What is the burden of demonstrating there is a genuine need for a trial?
Saskatchewan, Canada
What is the test for an individual to be a witness in a murder case?
California, United States of America
Can police search data on a minor's cell phone and electronic device that is not related to drug use or other criminal activities by the minor?
California, United States of America
What is the sua sponte duty of a trial court to instruct a defendant on a claim of right defense?
California, United States of America
Can a defendant bring a claim for ineffective assistance of counsel against a prosecutor who made inappropriate remarks to a plaintiff in a criminal case?
California, United States of America
Can a judge correct an unauthorized sentence without remand?
California, United States of America
Can a criminal act or omission be punished under section 654 of the California Penal Code?
California, United States of America
What is the effect of religious freedom on a landlord's refusal to rent a room to the Complainants?
British Columbia, Canada
What is the test for assignment of misconduct by a prosecuting attorney on appeal?
California, United States of America
When a peace officer stops a suspect after witnessing a drunk driving offence, what is the procedure for placing the suspect under arrest?
California, United States of America
Does the escape rule apply to a murder committed to a perfect escape from lawful custody?
California, United States of America
What is the legal test for a claim that pre-indictment delay constitutes a denial of due process?
California, United States of America
What is the test for a divorce application to vary custody/access?
Nova Scotia, Canada
Does a jury have a constitutional obligation to instruct the jury that before they convict a defendant of a liquor store robbery they must agree unanimously that he committed the crime?
California, United States of America
Does the but for test apply in cases involving negligent drivers?
Canada (Federal), Canada
What is the test for a Rule 12(b)(1) motion?
MultiRegion, United States of America
How have courts interpreted a finding that a defendant is liable for misconduct in a medical malpractice case?
MultiRegion, United States of America
Is a loss of capacity to perform housework a factor in determining non-pecuniary damages?
British Columbia, Canada
Can a motion be served by facsimile from the wrong address for the attorney?
"New York", United States of America
Can a court make a contract for the parties if they have not agreed upon its material terms?
Ontario, Canada
What is the effect of the statute of limitations on an action brought by an assignee or trustee in bankruptcy?
MultiRegion, United States of America
Can a police officer have reasonable suspicion for an investigatory stop?
MultiRegion, United States of America
What is the mandatory penalty for failing to pay a criminal fine?
California, United States of America
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established?
British Columbia, Canada
Can a prosecutor in a sexual assault case portray defense counsel as a villain who is attacking the victim?
California, United States of America
What is the test for a waiver of a defendant's right to counsel without disclosing a conflict of interest?
California, United States of America
What are the elements of a criminal conspiracy?
California, United States of America
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute?
MultiRegion, United States of America
What is the test for making a threat under section 422 of the California Criminal Code?
California, United States of America
In what circumstances will plaintiffs be able to bring a cause of action on the 'concealed trap' theory?
California, United States of America
Can s-s (5) apply to a privileged communication between solicitor and client?
British Columbia, Canada
What are the elements of conversion and what are the consequences for conversion?
California, United States of America
Does a no contest plea preclude a defendant from claiming he did not commit the crime of failing to register?
California, United States of America
What are some examples of conduct that might constitute an abuse of process?
British Columbia, Canada
What is the test for abuse of power?
California, United States of America
What is the test for making a prima facie showing at the first step of a civil action?
California, United States of America
What is the test for a variation to a spousal support order?
British Columbia, Canada
Does Section 28(d) of the California Criminal Code apply in cases where the charged crime was committed after Proposition 8's effective date?
California, United States of America
What is the organizing principle of good faith with respect to contractual performance?
Ontario, Canada
How have the courts dealt with a motion for personal injury in a personal injury case?
California, United States of America
What is the applicable principle of law relating to a pat-down search conducted as part of an investigative detention?
Ontario, Canada
What is the impact of a reduction in hours due to a change in duties/dignity due to the presence of a new baby?
British Columbia, Canada
What is the test to determine whether a tortfeasor can be sued for contribution?
British Columbia, Canada
What is the test for a slip and fall?
British Columbia, Canada
What is the test for proving future contingent events?
British Columbia, Canada
Does the principle of common law apply in medical malpractice actions?
Alberta, Canada
What is the test for a finding that a witness has credibility?
California, United States of America
How has the BCSC considered the relevance of the relevant historical context in determining just cause?
Ontario, Canada
What is the impact of a witness spouse's exclusion from a testimony?
Ontario, Canada
What is the test for a claim of insanity in a civil case?
MultiRegion, United States of America
Is passive possession of a dangerous article a predicate felony for purposes of the second degree felony-murder rule?
California, United States of America
Does a driver going straight through change lanes to avoid a collision?
Alberta, Canada
How have courts interpreted a heading in the Canadian Charter of Rights and Freedoms?
Manitoba, Canada
What is the difference between a mortgage and a deed of trust?
California, United States of America
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness?
Ontario, Canada
Can a plaintiff who has been denied leave to amend a motion to amend or amend a claim for damages be affirmed on any ground supported by the record?
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 legal test for adjudicating a defendant to be incompetent to stand trial?
California, United States of America
What is the test for admissible evidence of a defendant's character in a sexual assault case?
California, United States of America
Does a defendant have a right to counsel during a critical stage of the prosecution?
MultiRegion, United States of America
What is the test for maintaining a culvert in a fit condition?
Saskatchewan, Canada
Is there any case law where a correctional officer has been found liable for excessive force?
MultiRegion, United States of America
Is sexual penetration of a child a general intent crime?
California, United States of America
What is the test for a motion for a new trial based on jury misconduct?
California, United States of America
What is the effect of a federal court's dismissal of a Title VII complaint for lack of jurisdiction?
MultiRegion, United States of America
