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 factors must be considered under the pragmatic and functional approach in a medical malpractice case?
British Columbia, Canada
What is the test for leaving a copy of a search warrant at the residence?
British Columbia, Canada
What is the burden on a plaintiff to prove that her attorney was inadequate under the constitutional standard?
California, United States of America
What is the proper scope of interrogatories?
British Columbia, Canada
What are the consequences of an MVA in 2011?
Canada (Federal), Canada
What is the test for asking an arbitrator for private communications?
Ontario, Canada
What is the test for determining whether a defendant was guilty only of battery but not rape?
California, United States of America
How have courts interpreted the meaning of "value" in Section 473 of the California Penal Code?
California, United States of America
What are the elements of a medical malpractice claim?
British Columbia, Canada
What is the test for determining whether a person with severe mental impairments has a disability?
MultiRegion, United States of America
What is the test for challenging statements by the prosecutor in a civil case?
California, United States of America
What are the implications of plaintiff's claim that he was denied the opportunity to file a class action grievance within the prison?
MultiRegion, United States of America
What is the difference between plate glass insurance and accident insurance?
Ontario, Canada
Is the word "shall" to be interpreted as mandatory or merely permissive?
California, United States of America
What is the burden of proof for a claim of negligence in a motor vehicle accident?
"New York", United States of America
What is the test for determining whether a contract is certain enough to be enforced?
California, United States of America
Is there an "air of reality" between the documents sought and the issues in the action?
British Columbia, Canada
In what circumstances will a collective cultivation defense be successful?
California, United States of America
What is the meaning of the phrase "lack of jurisdiction" in the context of dismissal of a civil case?
California, United States of America
When a mortgagee has obtained final foreclosure and disposed of the property, can the mortgagor recover a deficiency?
Saskatchewan, Canada
What is the test for eligibility for both the Child Tax Benefit and the GST/HST Credit?
Canada (Federal), Canada
Does discharge of a firearm at an inhabited dwelling house constitute a second degree felony-murder?
California, United States of America
Can a grievor add “constructive dismissal, demotion and work force adjustment” to section 15 of the referral form?
Canada (Federal), Canada
Is a defendant competent to stand trial and not capable of assisting counsel in his defense?
MultiRegion, United States of America
What is the test for a declaration of intent in a civil case?
California, United States of America
What is the test for vagueness in the language of a disability application?
MultiRegion, United States of America
What is the test for determining whether a married couple who were not married until after the date of solemnization lived together and cohabited as a husband and wife?
Ontario, Canada
What is the test for a jury in a child abuse case?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel in a motion to withdraw a plea?
California, United States of America
What is the test for determining whether a plaintiff’s claim of causation in a medical malpractice case is based on the risk factors associated with increased risk of adverse effects?
British Columbia, Canada
Is there an error of law or jurisdiction in a trial judge's decision not to issue a search warrant for a fishing trawler?
Nova Scotia, Canada
What is the impact of missing data under section 16 and 17 of the Education Reform Act?
Nova Scotia, Canada
Does the adjustment of the purchase price to account for mortgage payments that remain on title have been recognized judicially?
British Columbia, Canada
What is the test for determining whether a probation order is capricious or arbitrary?
California, United States of America
Does plaintiff have a right to seek a concealed weapons permit?
MultiRegion, United States of America
What is the test for establishing that misconduct was a direct or exclusive cause?
California, United States of America
What is the test for finding a person guilty of sexual assault?
California, United States of America
What is the test for determining whether a future care item is reasonable and medically justified?
British Columbia, Canada
Does a defendant have to plead guilty to a charge of involuntary manslaughter?
MultiRegion, United States of America
What is the test for deciding whether to adjourn an adjournment?
New Brunswick, Canada
What is the result of a motion to suppress a search warrant?
California, United States of America
Does a dismissal for failure to state a claim only count as a strike?
MultiRegion, United States of America
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases?
California, United States of America
What are the consequences of bad faith, bad faith or dissipation in dealing with losses caused by bad faith?
Alberta, Canada
What is the test for the doctrine of caveat emptor in real estate law?
British Columbia, Canada
What constitutes "sexual intercourse" with a minor?
California, United States of America
Can a contractual obligation against a debtor be enforced by a court in a contempt proceeding?
California, United States of America
When will a defendant be allowed to represent himself in court?
California, United States of America
What are the Miranda advisements for a suspect in a criminal case?
California, United States of America
Is a defendant's right to be present at trial secure?
MultiRegion, United States of America
What is the test for inordinate delay?
Alberta, Canada
When is a search for weapons justified during a traffic stop?
California, United States of America
What is the substantial evidence standard for establishing that substantial evidence is sufficient?
"New York", United States of America
Is a convicted felon in possession of a firearm prohibited by section 654 of the California Criminal Code?
California, United States of America
What is the test for 'ordinary care' in the context of medical malpractice cases?
California, United States of America
Is larceny committed during a burglary a continuing course of conduct for purposes of section 654 of the Penal Code?
California, United States of America
What is the test under Rule 48.14?
Ontario, Canada
Does a party have to sign an implied undertaking of confidentiality to the court not to use the documents or information provided on discovery for purposes of litigation?
British Columbia, Canada
Is there any credibility issues relating to the pension?
British Columbia, Canada
Can a violent felony defendant receive credit against his term of imprisonment for time served in custody prior to sentencing?
California, United States of America
How have the courts dealt with allegations of defamatory information against a schoolteacher who was accused of stealing from a bus stop?
MultiRegion, United States of America
Is a voluntary confession given by a defendant after they have been arrested admissible?
MultiRegion, United States of America
Is overt remorselessness at the scene of the crime a factor in determining the severity of the sentence?
California, United States of America
What is the test for a charge of murder in the first degree when a defendant sets fire to his wife's house with a match?
California, United States of America
What is the test for habitual residence?
Newfoundland and Labrador, Canada
Is Defendant a felon in possession of a firearm eligible for resentencing relief?
California, United States of America
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial?
MultiRegion, United States of America
What is the test for establishing a fraudulent claim?
MultiRegion, United States of America
What is the test for making a timely and specific objection and asking the court to admonish the jury to disregard the impropriety?
California, United States of America
What is the test for dismissing a motion to dismiss a petition?
MultiRegion, United States of America
What is the current state of the law in Ontario with respect to section 782 of the Evidence Code and section 1103 of the Criminal Code?
California, United States of America
What is the burden of continuing support for a spouse who has remarried?
British Columbia, Canada
What is the test for conspiracy to murder?
California, United States of America
What is the legal test for a summary trial?
British Columbia, Canada
Is an accessory after the fact a principal in the crime?
California, United States of America
What is the test for a "token or nominal offer" under section 998 of the California Civil Code of Civil Procedure?
California, United States of America
How does the abstention doctrine apply to a claim against a defendant?
MultiRegion, United States of America
Does the statute of limitations apply to fraudulent concealment of cause?
California, United States of America
Can a defendant be convicted of possession of a firearm based on constructive possession of the firearm?
California, United States of America
Is a defendant entitled to review the issue going to the question of guilt?
California, United States of America
Can a defence be struck if the facts are proven as proven?
Ontario, Canada
What are the necessary elements of a fraud claim?
California, United States of America
Can an employer unilaterally change the terms of an employee's employment contract?
British Columbia, Canada
How have courts interpreted the Constitution in a practical manner?
California, United States of America
What is the current state of the law on the right to exclude the fruits of a voluntary statement?
California, United States of America
What is the current state of the law on prima facie evidence for custody between the present and trial?
British Columbia, Canada
What is the impact of child-rearing and long term benefits on the calculation of spousal support?
British Columbia, Canada
What constitutes constructive dismissal in common law?
Ontario, Canada
What is the test for establishing that a person has been confused or deceived?
MultiRegion, United States of America
What is the test for admissibility under section 352 of the Fourteenth Amendment due process rights?
California, United States of America
What is the test for removing an appeal from the inactive list?
British Columbia, Canada
What is the test for "flexibility" in determining the appropriate remedy in a medical malpractice case?
MultiRegion, United States of America
Is comment 1b a reasonable inference based on the evidence?
California, United States of America
Can a plaintiff recover attorney fees for time spent litigating this action?
MultiRegion, United States of America
Is a doctor's credibility a factor in determining whether a patient should receive a prescription drug?
MultiRegion, United States of America
When can a police officer withdraw blood from the blood of a suspect under the exigent circumstances theory?
California, United States of America
Can a jury acquit a defendant of conspiracy to commit murder after the agreement was made?
California, United States of America
What is the range of damages for physical and sexual abuse suffered by children as a result of physical abuse?
Ontario, Canada
How have courts interpreted the three-part test for qualified immunity?
MultiRegion, United States of America
What is the test for determining that a verdict in a personal injury case is unreasonable?
Ontario, Canada
What is the legal test for attorney-client privilege?
MultiRegion, United States of America
What is the test for determining sufficient evidence to support the findings of a jury in a sexual assault case?
California, United States of America
In what circumstances will a jury not find the answer to its question in a written set of jury instructions?
MultiRegion, United States of America
What is the test for deliberate indifference in the medical treatment context?
MultiRegion, United States of America
Is a criminal defendant's plea of guilty a waiver of the Fifth Amendment privilege against self-incrimination?
California, United States of America
In what circumstances will the Court review the facts supporting defendant's conviction for assault?
California, United States of America
Is Defendant's contention that erroneous admission of uncharged misconduct evidence should be evaluated under the harmless beyond a reasonable doubt standard for federal constitutional error?
California, United States of America
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence?
British Columbia, Canada
What is the test for a waiver of a defendant's right to a jury?
California, United States of America
What is the test for multiple violations under section 654 of the California Criminal Code?
California, United States of America
Does the law of knowing assistance need to be reviewed again?
British Columbia, Canada
How have courts interpreted the language in a jury trial where probable cause is a prerequisite for an arrest and trial?
California, United States of America
Does a subpoena requiring a defendant's lawyer to testify before a grand jury constitute a violation of the Fifth Amendment?
MultiRegion, United States of America
Is insufficient evidence sufficient to overturn a conviction for insufficient evidence?
California, United States of America
Can a person be charged under section 137 of the Penal Code for bribing a witness?
California, United States of America
What is the test for pith and substance analysis?
Manitoba, Canada
What is the test for a variation application to a 1990 spousal support order?
Saskatchewan, Canada
What is sufficient if a vendor makes title at a hearing when there has been no repudiation and no plea setting up want of title?
Saskatchewan, Canada
Can a mother bring her children to Canada from Switzerland for a time-limited consensual stay?
Ontario, Canada
Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant?
Alberta, Canada
Can a witness be compelled to produce evidence against himself?
California, United States of America
What is the effect of adverse publicity on a jury?
California, United States of America
Can an arbitrator's construction of a contract be overruled by the courts?
MultiRegion, United States of America
Does a defendant have to serve at least 80% of his sentence under the three strikes law?
California, United States of America
Can a plaintiff continue to pursue a separate medical malpractice action for the same reason?
California, United States of America
What is the legal test for a failure to exhaust?
MultiRegion, United States of America
Is the robbery of the victim incidental to the murder?
California, United States of America
Is there any case law that supports the argument that administrative tribunals should have the same procedures as courts?
British Columbia, Canada
What is the standard of review for a court's failure to instruct on lesser included offenses of battery or aggravated battery?
California, United States of America
What is the test for determining a determinate sentence in a criminal case?
California, United States of America
What is the penalty for a violation of section 22210 of the California Penal Code?
California, United States of America
Can a plaintiff bring a claim for damages against the remaining defendants for failing to process an administrative appeal?
MultiRegion, United States of America
In what circumstances will an attorney be suspended from the bar for misrepresenting the signature of his client on a settlement release?
California, United States of America
Is Section 265(a)(1) of the New York State Tax Code applicable to expenses incurred in the course of earning tax-exempt income?
MultiRegion, United States of America
What is the standard of care provided by counsel to counsel in personal injury cases?
California, United States of America
What is the burden of proving ownership or lack of permission of a person at the pleading stage?
"New York", United States of America
What is a victim's right to return the value of property lost in a motor vehicle accident?
MultiRegion, United States of America
Does the Attorney General have any claim of error in failing to request counsel for clarification of an otherwise correct instruction?
California, United States of America
What is the test for disclosing in confidence to a law enforcement officer?
California, United States of America
Can a motion to dismiss rely on a "choice of law" analysis on the statute of limitations issue?
MultiRegion, United States of America
What is the test for "operating mind" in the context of an allegation of sexual assault made by a police officer?
Alberta, Canada
Is a course of criminal conduct divisible and therefore gives rise to more than one act within the meaning of section 654?
California, United States of America
Can an employer be held liable for emotional distress resulting in disability under the exclusive remedy provisions of workers' compensation law?
California, United States of America
What is the test for admitting evidence of hearsay in a civil case?
California, United States of America
What is the test for an action claiming attempt to monopolize?
MultiRegion, United States of America
What is the legal test for dismissing a state-instituted paternity action?
California, United States of America
What is the test to commit a person for trial?
Ontario, Canada
What is the test to engage in the operation of section 7 of the Charter?
Ontario, Canada
What is the test for a motion to re-open?
Ontario, Canada
What are the principles that guide an assessment of special costs?
British Columbia, Canada
What is the consequence of a conviction for a violation of section 12021 of the California Criminal Code?
California, United States of America
What is the statute of limitations on amounts owed under a contract for continuous service?
MultiRegion, United States of America
What is the test for establishing a hostile work environment claim?
MultiRegion, United States of America
Does the exclusion of evidence intended to establish a defense interfere with the accused's right to due process law?
California, United States of America
What is the test for memory of events that may be relevant to trial?
Alberta, Canada
Is a defendant's testimony in a civil trial admissible?
California, United States of America
How much is a plaintiff’s ability to articulate her experiences in dealing with her injuries and their impact on her personal and economic future?
British Columbia, Canada
How have the rules of appellate review applied in cases where the evidence in the administrative record is undisputed?
California, United States of America
What is the role of an intervenor in a civil matter?
British Columbia, Canada
What is the current state of the law on liability under a promissory note?
British Columbia, Canada
Does a contractor have any responsibility if the crop to be cut or harvested fails for any cause?
Saskatchewan, Canada
What is the test for a disability claim under Title II of the Federal Disability Act?
MultiRegion, United States of America
Can a defendant be found in violation of probation for making criminal threats and assault with a deadly weapon?
California, United States of America
What is the test for a defence of fraud going to jurisdiction in a forum non conveniens hearing?
British Columbia, Canada
What is the test for alienation of a parent?
Ontario, Canada
Is a defendant's failure to object constitute ineffective assistance?
California, United States of America
Does a confession obtained under the circumstances leading up to the crime be inadmissible?
California, United States of America
Is there any case law where a prosecutor used his closing argument to undermine the constitutional presumption of innocence?
California, United States of America
Can a defendant who takes photographs and videos of a minor in sexually explicit positions plead that he committed a single physical act under section 654 of the California Code of Civil Procedure?
California, United States of America
What is the effect of the "one final judgment" rule?
California, United States of America
When a defendant chooses probation over incarceration, what are the conditions of probation?
California, United States of America
Does a prosecutor have a right to discuss the case in his closing argument?
California, United States of America
What is the test for automatic reversal of a sexual assault conviction?
MultiRegion, United States of America
Does a prosecutor have the authority to argue their case in a civil case?
California, United States of America
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert?
California, United States of America
What is the difference between competence to waive counsel and competence to represent oneself?
California, United States of America
What is the obligation of an appellant to provide a record adequate to demonstrate error occurred in the trial court?
California, United States of America
What is the MMP cultivation defense?
California, United States of America
What is the basis for an independent review of an application for a certificate of probable cause?
California, United States of America
What is the equitable contribution of an insurer to a plaintiff's insurance policy when they are injured in a motor vehicle accident?
Saskatchewan, Canada
What is the standard of review for errors of mixed fact and law?
Alberta, Canada
What constitutes an "unusual danger" to a person who is in possession of an unoccupied building?
Saskatchewan, Canada
Does a finding on standing and the statute of limitations in the Killackey Action constitute an alternative to the earlier judgment?
California, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the test for a charge of driving under the influence of alcohol?
California, United States of America
Can a defendant represent himself at trial?
California, United States of America
Can a witness be found guilty of aiding and abetting?
California, United States of America
Is a "public official proceeding" to include a police investigation into allegations of excessive force permissible?
California, United States of America
What is the test for overturning a conviction in a sexual assault case?
California, United States of America
Is there a defense to a claimed defense to the parents' cause of action?
California, United States of America
What is the deterrent effect of a statute that prohibits sexual assault on a minor?
California, United States of America
What is the burden of carrying out a full, fair and adequate hearing in a civil case?
MultiRegion, United States of America
What is the test for reversing an evidentiary ruling by a federal district court regarding abuse of discretion?
MultiRegion, United States of America
How has the Court considered reasonable suspicion of criminal activity in a search and seizure case?
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 new trial based on jury misconduct?
California, United States of America
Is the sale of a physiotherapy licence by an individual separate and distinct?
Ontario, Canada
What are the elements of res judicata, issue estoppel, cause of action and abuse of process?
British Columbia, Canada
When a trial judge views the premises and a record of what he saw has not been made part of the transcript on appeal, is that view sufficient to sustain the finding?
California, United States of America
In arresting defendant for possessing an unlawful weapon, can the police search the package without a warrant?
California, United States of America
