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 defamatory statements?
British Columbia, Canada
What is the scope of the federal district court's power to set aside and resent a judgment against a defendant?
MultiRegion, United States of America
Does a writ of habeas corpus have an absolute entitlement to appeal a district court's denial of the petition?
MultiRegion, United States of America
How have courts dealt with evidentiary challenges to the penalty during the penalty phase of the trial?
California, United States of America
What are the relevant considerations in a medical malpractice case?
Ontario, Canada
What are the exact terms of a partnership agreement?
Alberta, Canada
What is the test for accessing a court of expertise?
Ontario, Canada
What is reasonable expectation that a defendant will respond to a motion to certify a class action?
Ontario, Canada
What is the test for a defendant to have waived his right to appeal against his sentence?
California, United States of America
In what circumstances have the parties considered that the trial judge’s reasons of 27 September 2002 constitute a judgment for which an order can properly be drawn and entered?
British Columbia, Canada
In what circumstances will a non-moving party have the burden of proving that there is insufficient evidence to support their claim?
MultiRegion, United States of America
What is the test for making a threat under the California Child Protection Act?
California, United States of America
What is the current state of the law in the context of temporary detention of a person's baggage at an airport?
MultiRegion, United States of America
What is the burden of demonstrating prejudice against a defendant whose right of personal presence is denied?
California, United States of America
What is the test for striking the jury in a medical malpractice action?
Ontario, Canada
What factors can be considered in determining what is fair and reasonable?
Ontario, Canada
What is the test for the prosecution in a second degree murder and death due to elder abuse case?
California, United States of America
How have courts treated the term "insanity" in the context of mental illness?
California, United States of America
What are the elements of aiding and abetting?
California, United States of America
What is the scope of a magistrate judge's authority in felony matters?
MultiRegion, United States of America
Are attorney fees incurred in the enforcement of an anti-SLAPP attorney fee award recoverable costs?
California, United States of America
What is the difference between the criminal conspiracy and the aiding and abetting theories?
California, United States of America
Can a common law rule be used to overturn a conviction?
California, United States of America
Is a plaintiff entitled to a motion to relieve his attorney and appoint a new counsel?
California, United States of America
What is the test for consent to exercise police power?
California, United States of America
What is the test for abuse of the instructions to the jury?
MultiRegion, United States of America
What is the limitation issue as it relates to the City?
Alberta, Canada
Does a plaintiff have a right to bring a lawsuit to determine the authorization of a nominee to proceed with a foreclosure on behalf of the note holder?
California, United States of America
What is a jury's duty to instruct on general principles of law in a criminal case?
California, United States of America
What are the essential elements of possession of a controlled substance?
California, United States of America
Can a gang member be accused of a crime together?
California, United States of America
Does the burden of proof apply to an interpleader who has failed to establish a prima facie case?
Saskatchewan, Canada
In a personal injury trial, is there any case law or case law relevant to assessing the credibility of witnesses?
British Columbia, Canada
Does the Miranda rule apply to general questioning of a suspect in a criminal investigation?
"New York", United States of America
On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action?
California, United States of America
What is the case law on off-setting the damages against the amount owing to the respondent under a second mortgage in her favour?
Saskatchewan, Canada
What is the meaning of a declaration of denial of accusations in the police report?
California, United States of America
What is the test for reasonable life expectancy in a motor vehicle accident?
British Columbia, Canada
What is the test for a no evidence motion?
British Columbia, Canada
How are lost sick bank credits calculated in circumstances such as motor vehicle accident?
British Columbia, Canada
What is the legal test for dismissing an action for lack of subject matter jurisdiction?
MultiRegion, United States of America
Does the due process clause in the 14th Amendment limit an arbitrator's award of punitive damages?
California, United States of America
Does a plaintiff have to prove that there is a real and substantial possibility of a future event attributable to negligence leading to a future loss of income?
British Columbia, Canada
How has the federal habeas court interpreted the facts of the particular state prisoner's case?
MultiRegion, United States of America
How has the Court dealt with appellant's claim that multiple trial errors during his trial violated his due process rights?
California, United States of America
How has the Court of Appeal considered the issue of changed social conditions in the context of social security legislation?
Saskatchewan, Canada
Does res judicata need to rely on common law principles?
California, United States of America
What is the standard of review applicable to the exercise of Ministerial or Administrative discretion?
Canada (Federal), Canada
In what circumstances will a court enter a judgment of dismissal after demurrers to the third amended complaint are sustained without leave to amend?
California, United States of America
What is the test for acquiescence in a motion for consent?
Alberta, Canada
What is the general rule applicable to issue at bar?
California, United States of America
What is the test for a motion for offset under the abuse of discretion standard?
California, United States of America
In obtaining consent for a surgical operation, does a surgeon have to disclose to a patient the risk of paralysis or death?
Manitoba, Canada
What other circuits allow police officers to provide interpretations of recorded conversations based on their knowledge of the investigation?
MultiRegion, United States of America
Does a finding that a defendant was armed with a deadly weapon constitute an assault with intent to cause grievous bodily harm?
California, United States of America
What is the burden of proving that depression occurred in the years after the Accident?
Ontario, Canada
Is it more difficult for a buyer of stolen goods to establish title to the stolen goods under section 2-403 of the California Vehicle Code?
MultiRegion, United States of America
Does a judge have jurisdiction to grant qualified immunity?
MultiRegion, United States of America
What is the standard of review for a motion for a new trial?
California, United States of America
Is a statement by a police officer that appellant requested his attorney be present during his questioning not admissible?
California, United States of America
Is a state's anti-marital status discrimination law unconstitutional?
MultiRegion, United States of America
Is a state cause of action for intentional infliction of emotional distress pre-empted?
California, United States of America
What are some examples of excessive expense claims in a personal injury case?
Ontario, Canada
What is the test for determining whether a plaintiff is entitled to a fee that is not unreasonable?
California, United States of America
What is the legal test for establishing that arson was committed under section 451 and 452 of the Penal Code?
California, United States of America
What is the current state of the law on the meaning of proof beyond a reasonable doubt?
California, United States of America
What is the test for obtaining consent for a search of a portion of the premises jointly possessed?
California, United States of America
What is the impact of a union on a grievor in pursuing a grievance that impacts all employees as a whole?
Ontario, Canada
What is the test for proving a violation of Section 1519 of the Civil Code of Civil Procedure in the context of an investigation into the activities of the FBI?
MultiRegion, United States of America
What is the abuse of discretion standard of review in the context of a jury's questions to the deliberating jury?
California, United States of America
How have courts dealt with multiple hearsay claims pursuant to section 6600(a)(3)?
California, United States of America
Does a change in circumstances under s. 9 of the Federal Child Support Guidelines require the applicant to prove that their financial situation has improved since the date of a previous order?
British Columbia, Canada
What is the test for good faith and fair dealing in the context of a motor vehicle accident?
California, United States of America
What is the test for an award for abuse of sanctions?
California, United States of America
What is the legal test for a judge pro tempore?
California, United States of America
What is the scope of an employer's duty to provide medical treatment to an injured employee?
California, United States of America
Can a court order Defendant to serve time for violating parole by possessing methamphetamine?
California, United States of America
What is the test for determining whether a driver who changes his vehicle's speed is evasive?
California, United States of America
What are the grounds for reconsideration in a workers’s reconsideration application?
British Columbia, Canada
What is the test for a finding that a child is in need of protection under section 49 of the Child Protection Act?
British Columbia, Canada
Does the doctrine of reasonable apprehension of bias operate without restriction?
Saskatchewan, Canada
In what circumstances will a pleading be struck out?
Saskatchewan, Canada
What is the test for First Amendment retaliation by a government actor?
MultiRegion, United States of America
What is the quantum of discipline for a lawyer found guilty of sexual assault?
Manitoba, Canada
What is the effect of a court's order under section 1203.1, subdivision (i)(2) of the California Probation Code requiring a defendant not to harass, intimidate or threaten the victims or their families?
California, United States of America
What is the city's hazardous activity defense?
California, United States of America
Is there a cap on the amount of damages a plaintiff can claim against the other parties?
British Columbia, Canada
What is the standard of evidence in a civil case?
British Columbia, Canada
Does an indefinite term employment contract require the employer to give reasonable notice of an intention to terminate the contract?
Ontario, Canada
What is the test for a conscientious objector claim?
MultiRegion, United States of America
Does the use of pepper spray on a peaceful protest constitute excessive force in violation of the Fourth Amendment?
MultiRegion, United States of America
What is the impact of a child's relationship with extended family such as grandparents and aunts and uncles?
Ontario, Canada
In what circumstances will a prosecutor obtain a search warrant to search a house?
California, United States of America
Is assault with intent to commit rape a "sexually violent" crime?
MultiRegion, United States of America
What is the test of the principle of consent between the consent of the parties?
Saskatchewan, Canada
Does a defendant have a right to plead guilty to perjury at the sentencing stage?
MultiRegion, United States of America
What is the significance of evidence of voluntary intoxication in a criminal case?
California, United States of America
What is the difference between for-cause and at-will employment?
MultiRegion, United States of America
What are the requirements for a jury to interpret jury instructions in a personal injury case?
California, United States of America
What is the test for making water and sewer available to the land?
Alberta, Canada
What is the test for a jury to determine whether a defendant has been found guilty of misconduct in a jury trial?
California, United States of America
Does a coach have a duty of ordinary care not to increase the risk of injury to a player?
California, United States of America
What is the test for crediting a witness's testimony?
MultiRegion, United States of America
Does a defendant have a claim that the court misled the jury regarding the special circumstance allegation?
California, United States of America
What are the reasons for non compliance with the Rules of Civil Procedure?
Ontario, Canada
Can a mediator recommend a recommendation to the court if the parties cannot agree?
California, United States of America
In what circumstances will a statement of claim be struck as disclosing no reasonable cause of action?
British Columbia, Canada
What is the test for enforcing a settlement under Rule 49.02(1) or Form 49A?
Ontario, Canada
What is the test for determining whether a sentence is too lenient?
MultiRegion, United States of America
What is the legal test for intent to set up a criminal gang?
California, United States of America
Does the court have to award costs to the successful party in a personal injury action?
British Columbia, Canada
Can photographs of police officers with American flag in the background influence the jury in a civil case?
California, United States of America
What is the test for standing to appeal a finding that a party who is not a party to a criminal prosecution has been injured in a motor vehicle accident?
MultiRegion, United States of America
What evidence does the court need to consider in the context of an assault on a credit union?
MultiRegion, United States of America
Does a franchisor have a duty of good faith against a franchisee?
Ontario, Canada
In a sexual assault case, what is the test for establishing that defendant intended to inflict great bodily injury on the victim?
California, United States of America
How have the courts instructed the jury that "nothing that the attorneys say is evidence" in their opening and closing statements?
California, United States of America
What is the test for a search warrant for a vehicle search?
California, United States of America
Is a defendant's contention forfeited for failure to request a modified instruction?
California, United States of America
What is the test for obtaining a District Registrar's permission to appoint a district registrar?
British Columbia, Canada
What is the test for a defendant to continue to be able to do so?
Ontario, Canada
What is the test for awarding attorney fees under section 1021.5?
California, United States of America
Can a defendant be held in possession, custody or control of an illegal still?
California, United States of America
Is a document prepared after the date of litigation privileged?
Ontario, Canada
What is the relevant legal test for alleging that a prison officer violated an inmate's Eighth Amendment rights by using excessive physical force?
MultiRegion, United States of America
Does a jury have the power to find elements of section 924(c) in the disjunctive?
MultiRegion, United States of America
What is the test for establishing that a finding of unfitness is sufficient to grant jurisdiction to the superior court?
California, United States of America
What is the test for granting an interim order to order a temporary stay of custody of a child?
Saskatchewan, Canada
What is the difference between a habeas claim and a non-habeas claim?
MultiRegion, United States of America
Is the reasonable doubt instruction insufficient to support the definition of reasonable doubt in CALCRIM No. 220?
California, United States of America
Does section 396 of the California Civil Code grant authority to hold an evidentiary hearing in the Superior Court?
California, United States of America
What is the standard of review for a federal district court's evidentiary rulings?
MultiRegion, United States of America
Does Hoy J. Hoy J’s finding that the conspiracy pleading was sufficient to be considered sufficient?
Ontario, Canada
Can the Court of Appeal overturn a finding that a jury found a jury's verdict unreasonable and order a new trial?
British Columbia, Canada
Is an employee's status as a qualified individual with a disability an element of the prima facie claim for discrimination or failure to provide a reasonable accommodation?
California, United States of America
Is a confession involuntary if it was motivated by a promise of leniency or benefit to the accused?
California, United States of America
Is there any difference between the charged crimes and the uncharged crimes?
California, United States of America
What is our role in reviewing a federal court's affirmance of a bankruptcy court decision?
MultiRegion, United States of America
Does a tying claim need to be successful under the rule of reason?
MultiRegion, United States of America
What is the impact of a separation agreement between a husband and wife for support purposes?
New Brunswick, Canada
What is the range of contributory negligence in a motor vehicle accident involving a child as young as 10?
Manitoba, Canada
What is the test for determining whether a person stands in the place of a parent within the meaning of the Divorce Act?
Saskatchewan, Canada
Is consent not voluntary or ineffective to justify a search or seizure?
California, United States of America
On remand, what are the costs of attorney fees deducted from the settlement proceeds?
California, United States of America
What is the test for establishing whether a patient has a mental disorder?
MultiRegion, United States of America
Can shareholders of a corporation sue for damages caused to themselves by the corporation in which they own shares?
Newfoundland and Labrador, Canada
Does a jury have to re-examine the testimony of a police officer who witnessed defendant enter the crosswalk against a solid red hand signal?
California, United States of America
How has section 8 of the Charter of Canada been interpreted in the context of privacy protection legislation?
British Columbia, Canada
Is there substantial evidence appellant committed assault with a deadly weapon that was not a semiautomatic firearm?
California, United States of America
What is the test for a judge to reopen a civil trial before judgment has been rendered?
Yukon, Canada
What is the appropriate way to compensate a plaintiff for time drawn from her sick bank?
British Columbia, Canada
What is the basis for an application to overturn an election result?
Ontario, Canada
What is the test for reversal of a jury's verdict in a drug case?
California, United States of America
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device?
California, United States of America
Does a contemporaneous objection need to preserve the claim that a sentence violates the principles of section 654.3?
California, United States of America
What is the test for denying a motion for a mistrial?
California, United States of America
Can a licensee be considered in the category of invitee?
Ontario, Canada
Does section 1108 of the New York State Code apply to sexual battery and assault with intent to commit sexual battery?
California, United States of America
What is the state of the law on appellate counsel's duty to provide appellate counsel?
California, United States of America
What is the test for enforcing an illegal contract?
Alberta, Canada
What is the test for a claim for adjustment of duties within a household?
British Columbia, Canada
How have courts treated arguments of counsel in the context of the reasonable doubt standard and presumption of innocence?
California, United States of America
Is a medical care provider permitted to ask a patient about their gun ownership in their records?
MultiRegion, United States of America
What is the test for determining whether a defendant committed a premeditated murder while engaged in a felony?
California, United States of America
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding?
MultiRegion, United States of America
What is the test for an award of attorneys' fees under a merger agreement?
MultiRegion, United States of America
Is it a crime to accept money to conceal evidence of a crime?
California, United States of America
What jurisdiction does a court have in making a decision that violates section 7 of the Charter?
Saskatchewan, Canada
What is the test for voluntary manslaughter in a murder case?
California, United States of America
Does the County have a valid cognizable property right to prevent a developer from obtaining a permit for development without meeting the conditions attached to the permit?
MultiRegion, United States of America
Does the standard of review apply to a jury finding that there was insufficient evidence to support the defense?
California, United States of America
Is res ipsa loquitur no longer the law in Canada?
British Columbia, Canada
Does the Attorney General have authority or authority to order a written memorialization or orally pronounce judgment as required by law?
California, United States of America
What is the law on “buyer beware” in real estate transactions?
British Columbia, Canada
What is a "typical" claim under Rule 23(a) of the OPCA?
MultiRegion, United States of America
What is the impact of wanton and reckless conduct on the discharge of a bankrupt?
Alberta, Canada
Does a personal representative have any power to administer the estate if a person dies intestate?
California, United States of America
Is there any case law where a defendant alleges that a prosecutor argued facts not in evidence?
California, United States of America
What is the state of the law on credibility in testimony?
California, United States of America
What is the legal test for obtaining a conditional discharge under section 1305 of the California Criminal Code?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the current state of the law on discrimination on the basis of gender?
MultiRegion, United States of America
What are some exceptions to Teague, the Teague Rule of Civil Procedure?
California, United States of America
What are the legal principles applicable to the assessment of loss of future earning capacity?
British Columbia, Canada
Does the application of the Reed rule apply to a "knock and talk" visit to a suspect's home?
MultiRegion, United States of America
What is the legal test for binding a municipality to a contract or agreement?
Ontario, Canada
What is the proper remedy for a defendant who has pleaded guilty to a charge of assault against a witness under section 667.5 of the California Criminal Code?
California, United States of America
Is it a case of two economically dependent people living together?
Ontario, Canada
What is the test for contempt of court for refusing to comply with an order for payment of a debt?
British Columbia, Canada
Is a plaintiff entitled to benefit from any reasonable doubt, or application of the rule of lenity, in the construction of section 602(b) of the California Criminal Code?
California, United States of America
What is a defendant's duty to instruct the jury on an affirmative defense?
California, United States of America
What is the test for proving that a plaintiff is subject to retaliation for his activities?
MultiRegion, United States of America
What is the current state of the law in the context of a search and seizure?
California, United States of America
What is the difference between dismissal for failure to post a bond and dismissal for failing to pay a sanction?
MultiRegion, United States of America
Does the search of a van without a warrant violate the Fourth Amendment?
California, United States of America
What is the legal test for an aider and abettor in a murder case?
California, United States of America
How have courts interpreted the test for a search warrant application?
California, United States of America
What is the burden of proving by a preponderance of evidence that Echeverri was a minor participant?
MultiRegion, United States of America
What is the standard instructions for a jury in a personal injury trial?
California, United States of America
What is the effect of section 830 of the Criminal Code of Canada on the doctrine of sound law?
British Columbia, Canada
