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.
How have the courts dealt with the issue of commissions being paid by executors without a direction of the court?
"New York", United States of America
What is the test for a jury to convict a defendant of possessing methamphetamine with intent to sell?
California, United States of America
What is the evidentiary test for abuse of photographic evidence in a sexual assault case?
California, United States of America
Can a defendant waive the statute of limitations to take advantage of a plea bargain?
California, United States of America
How have courts treated the use of a jigsaw puzzle analogy in an opening statement?
California, United States of America
What are the elements of escape in the second degree?
California, United States of America
Does section 288a of the Maryland Penal Code offend against the non-establishment clause of the Federal Constitution?
California, United States of America
What is the proper procedure for appointing counsel to defend a motion for personal injury?
MultiRegion, United States of America
Is a person standing in the place of a parent responsible for child support?
Alberta, Canada
If a jury convicted Driggers of the murder of his ex-wife by reason of interstate travel, can the jury convict him of the crime even if the interstate travel was utterly unrelated to the murder scheme?
MultiRegion, United States of America
What is the test for assessing a defendant's risk level under the New York State Sex Offender Registration Act?
"New York", United States of America
Does a plaintiff have to expressly reserve their rights before they can bring a bad faith action against the insurer?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the test for negligence based service discipline offences in the Code of Service?
Canada (Federal), Canada
Can a federal court dismiss a motion for failure to state a claim de novo?
MultiRegion, United States of America
In a civil action brought by the Attorney General for the purposes of forfeiture, what is the test for forfeiture?
California, United States of America
What is the test for establishing that there is no genuine issue requiring a trial?
Ontario, Canada
What is the test for privacy in the context of section 8 of the Charter?
Nova Scotia, Canada
What is the test for the right to speedy trial under the Sixth Amendment?
MultiRegion, United States of America
What is the test for voluntary dismissal of an action by a party who has followed the action through to completion?
California, United States of America
Is constructive possession sufficient to meet the requirements of the robbery statute?
MultiRegion, United States of America
Does an arbitration clause apply to a non-contract claim?
California, United States of America
What is the legal test for an attorney to enforce a contract in which a client is entitled to an attorney's compensation?
California, United States of America
How have the courts treated a recall petition signed under penalty of perjury?
California, United States of America
If an affidavit in support of a motion to vacate contains hearsay, legal conclusions or other objectionable contents, does the affidavit become competent evidence?
California, United States of America
Can a defendant be convicted of more than one crime?
California, United States of America
What is the current state of the law on inconsistencies in testimony?
MultiRegion, United States of America
In a sexual assault case, how have courts interpreted the "consent" or "willingness" defense?
California, United States of America
What is the effect of having to change the reasons for a worker’s unemployment?
British Columbia, Canada
What is the test for alleging bias in a civil case?
Canada (Federal), Canada
How have the courts treated testimony that the respondent mother gave to a trial judge that she would return to Canada for the sake of the children?
Prince Edward Island, Canada
Is discipline imposed on city employees a violation of a fundamental right in employment?
California, United States of America
What is the current state of the law on employment causation for mental health injuries?
California, United States of America
What is the burden of proving that a company has a discriminatory reason for its actions?
MultiRegion, United States of America
When a defendant chooses killing over another course of action, what is the answer to the jury's question?
California, United States of America
What is the test for an indemnity clause in a commercial lease agreement?
Nova Scotia, Canada
Can an affidavit be used to prove the merits of a lawsuit?
California, United States of America
Does a plaintiff have the right to purchase the horse at the sale of April 22, 1922?
Saskatchewan, Canada
What is the purpose of non-pecuniary damage awards in personal injury cases?
British Columbia, Canada
In what circumstances will a plaintiff be able to bring a claim against a tribal officer?
MultiRegion, United States of America
What is the evidentiary burden for each plaintiff to succeed in their sexual abuse claims?
Ontario, Canada
What is the test for determining whether a defendant is competent to stand trial?
MultiRegion, United States of America
What is the paramountcy of a child mobility issue?
British Columbia, Canada
Can a Prothonotary order be disturbed on appeal?
Canada (Federal), Canada
Can a will of an Indian be declared void in whole or part?
British Columbia, Canada
What is the test for damages for breach of contract for the purchase and sale of real estate?
New Brunswick, Canada
Can a prosecutor ask prospective jurors whether they have ever been charged with a crime or convicted?
California, United States of America
What is the test to determine whether a member of a class can opt out of Rule 23?
MultiRegion, United States of America
Does the Attorney General have any grounds to argue that the trial court erred in failing to recalculate a defendant's custody credits?
California, United States of America
When is a contract not enforceable?
British Columbia, Canada
What is the test for a jury to sustain a verdict of first degree murder?
California, United States of America
What is the test for involuntary confession in a criminal case?
MultiRegion, United States of America
Is Trujillo's application for a Writ of Habeas Corpus granted?
MultiRegion, United States of America
What is the test for qualified immunity under the doctrine of medical malpractice?
MultiRegion, United States of America
What is the test for a general denial of a claim of failure of consideration?
California, United States of America
Does the federal district court have jurisdiction to dismiss the complaint for lack of subject matter jurisdiction?
MultiRegion, United States of America
What is the standard of review of a case referred to Cole?
California, United States of America
In what circumstances will a plaintiff be sanctioned for making a baseless claim?
MultiRegion, United States of America
What factors will a court consider when determining whether to award concurrent or consecutive terms to a defendant who has been convicted of assault and assault?
California, United States of America
What is the test for constitutional consistency in the interpretation of the Fifth Amendment with respect to equal protection?
MultiRegion, United States of America
How have courts interpreted the rule that every act required by law to be done by any person, officer, or body in the course of the proceeding is valid?
California, United States of America
What is the test for a missing witness instruction?
MultiRegion, United States of America
What is the test for overturning an evidentiary ruling?
California, United States of America
In what circumstances will a court deny a plaintiff an opportunity to amend the statement of action?
California, United States of America
Is a buyer’s lien an actual or specific charge?
British Columbia, Canada
What is the legal test for a contingent or unliquidated claim?
Ontario, Canada
Is the testimony of an accomplice sufficient to convict a defendant?
California, United States of America
Is there a conflict of interests between codefendants in a trial where one defendant and the other defendant are seeking to avoid the death penalty?
California, United States of America
Can a certificate of probable cause be used to remand a defendant for a serious crime?
California, United States of America
What is the test for a person to be liable as an aider and abettor in a kidnapping case?
California, United States of America
When will a court require a permanent restriction on the movement of the custodial parent?
New Brunswick, Canada
What is the test for determining whether a person is entitled to restitution in a personal injury claim?
California, United States of America
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor?
California, United States of America
In what circumstances will a court order a plaintiff to pay rent for a nine year period of total cohabitation where the debt exceeded the assets of the parties?
Alberta, Canada
How have courts dealt with a loss of assets under section 727(a)(5) of the Bankruptcy and Insolvency Act?
MultiRegion, United States of America
What is the test for abuse of discretion when a federal court refuses to adopt a plaintiff's proposed instructions to the jury on serving subpoenas on foreign diplomatic officials?
MultiRegion, United States of America
Can a violation of section 2923.5 of the California Civil Code prevent a foreclosure from going ahead?
California, United States of America
Is a prior conviction for abuse of discretion admissible?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
What is the applicable standard of review for appeal from a decision of a judge?
Ontario, Canada
Does the litigation privilege exist to protect an expert witness from future litigation?
California, United States of America
What is the test for making a statement under the spontaneous declaration exception?
California, United States of America
Can a defendant obtain review of issues requiring a certificate of probable cause under section 1237.5 and rule 8.304(b)(1)?
California, United States of America
Does a presumption of vindictiveness arise if the prosecutor "ups the ante" after exercise of postconviction right?
California, United States of America
What is the test for "public policy" considerations?
Saskatchewan, Canada
Does a court of appeal's rejection of an insufficiency of evidence claim under section 21 of the Civil Code of Civil Procedure apply to the federal courts?
MultiRegion, United States of America
Does a jury's collective finding of doubt constitute a collective finding that a juror has a reasonable doubt?
California, United States of America
What is the test for abuse of trust enhancement?
MultiRegion, United States of America
What is the case law in which a jury convicted defendant of assault found him guilty of the crime?
California, United States of America
What is the current state of the law on disclosure of irrelevant or immaterial evidence in a sexual assault case?
MultiRegion, United States of America
Can a vendor be held liable on a promise not to deliver a parcel to the vendor in spite of the Village Council’s refusal to do so?
Alberta, Canada
Does alcohol use constitute a disability that would entitle the claimant to benefits?
MultiRegion, United States of America
Is a sentence for illegal possession of ammunition stayed?
California, United States of America
What is the effect of the court's decision not to include a patient information brochure in a medical malpractice case?
California, United States of America
Is there any case law in which the cause of action pursuant to Corporations Code section 709 was abatement?
California, United States of America
What is the test for requiring a company to provide security for costs?
Yukon, Canada
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master?
British Columbia, Canada
Is there any case law where defense counsel successfully excluded or excluded the testimony of Defendant's young daughter?
California, United States of America
What is the test for determining whether a person can make a claim in a civil case?
California, United States of America
What is the scope of a release in a settlement agreement?
British Columbia, Canada
Can prejudice be presumed in a medical malpractice case because of the delay in filing the complaint?
British Columbia, Canada
What is the effect of a Screening Order requiring a plaintiff to amend or amend a Defendant's Statement of Claim?
MultiRegion, United States of America
Does a finding that a refugee has failed to establish his nationality constitute a threshold question in determining his eligibility for asylum?
MultiRegion, United States of America
What is the test for determining if a building can be demolished without a permit?
Alberta, Canada
What is the current state of the law on disclosure of accident insurance reports?
Saskatchewan, Canada
Does a plaintiff have to sign a pre-certification disclosure of medical and hospital records?
Saskatchewan, Canada
Is a mortgagee permitted to sell or dispose of the goods in the ordinary course of business?
Saskatchewan, Canada
What is the test for co-principal liability in a murder case?
Canada (Federal), Canada
How have the courts interpreted the test for "by question asked [of] a witness"?
California, United States of America
What are some cases dealing with the exhaustion of state remedies under the Civil Rights Act?
MultiRegion, United States of America
How does section 1382 of the California Penal Code apply to dismiss an action brought by a defendant after a mistrial has been declared?
California, United States of America
What is the test for costs in a personal injury action?
Ontario, Canada
What is the test for determining whether a federal error was found to be harmless beyond a reasonable doubt?
California, United States of America
What is the legal test for immunity for a judge who has been found guilty of misconduct in a civil proceeding?
California, United States of America
What is the test for making a finding of aggravating factors in a motor vehicle accident?
California, United States of America
When will an opposing attorney be allowed to continue to oppose the motion?
California, United States of America
What is the duty of a party seeking reduction or cancellation of arrears?
British Columbia, Canada
Is there a mechanism for class counsel fees and disbursements?
Ontario, Canada
What is the common law principle of a dissolution of a partnership?
Nova Scotia, Canada
What is the test for determining whether there is cause of death in a motor vehicle accident?
Ontario, Canada
Is a waiver of the right to arbitrate binding upon the appellate court?
California, United States of America
What is the current state of the law on a line of credit from a Canadian bank to assist with the costs of becoming a qualified doctor?
British Columbia, Canada
What is demonstrative evidence in civil law?
California, United States of America
What is the test for determining whether there was force between the parties in a sexual assault case?
California, United States of America
What is the test for excluding a party from a motion where they have a common law relationship?
British Columbia, Canada
Does a defendant have substantial rights to sue for damages arising out of an instruction in a civil case in which he was ordered to wear a crossbow during trial?
California, United States of America
Is it a constitutional right for an interpreter to be provided with in the context of defending against criminal prosecution?
MultiRegion, United States of America
What is the difference between motive and intent in criminal law?
Canada (Federal), Canada
Is there any reason why a court should order discovery questions to be answered in a motion for discovery?
Ontario, Canada
How have the courts interpreted the non-earner benefit test?
Ontario, Canada
How have the courts in BC dealt with an application by a daughter who unilaterally cut off ties with her father at the age of 16?
Nova Scotia, Canada
How have the courts in B.C. dealt with the issue of negligence in a motor vehicle accident case?
British Columbia, Canada
What is the legal basis for a husband and wife's arbitration claim?
California, United States of America
In what circumstances will police officers be allowed to question a suspect in custody if the suspect offers to show a gun to officers?
California, United States of America
What is the power of the police to search the home of a lawfully arrested person?
Ontario, Canada
Does the language of CALJIC No. 8.71 in its oral pronouncement on the grounds that a jury has unanimously agreed that they have a reasonable doubt?
California, United States of America
Does the Bureau of Investigation (BIA) have the authority to refuse to reopen a motion to reopen proceedings on the basis of lack of notice?
MultiRegion, United States of America
What is the test for a cause of action against a tortfeasor?
Ontario, Canada
What is the burden of producing sufficient evidence on heat of passion to raise a reasonable doubt of murder or attempted murder?
California, United States of America
What is the initial burden of producing evidence in a personal injury case?
California, United States of America
Can a judge recall a jury who has been discharged?
California, United States of America
What are the costs to society and the criminal justice system of discharging a juror?
"New York", United States of America
What is the test for a Rule 12(b)(6) dismissal based on a lack of cognizable legal theory?
MultiRegion, United States of America
Does the principle of unjust enrichment apply to family law cases?
British Columbia, Canada
Does the Court have to warn appellant of his "right to recant"?
MultiRegion, United States of America
What is the test for making a "possible showing" for relief?
California, United States of America
When will a federal judge's interpretation of state law be reviewed on review?
MultiRegion, United States of America
What evidence exists that a conspiracy existed between the codefendants in the possession of a kilogram of cocaine?
MultiRegion, United States of America
What is the test for admitting evidence of consciousness of guilt in a murder case?
California, United States of America
Does a plaintiff have to prove there is a substantial risk of serious harm if he receives inadequate treatment from a doctor?
MultiRegion, United States of America
What is the test for staying a motion against a defendant for slander?
Saskatchewan, Canada
What is the test for determining parental involvement with regard to the children?
Saskatchewan, Canada
What is the test for a parent seeking to restrict access to their child?
Ontario, Canada
What is the effect of a motion to suppress an item of evidence?
California, United States of America
Does a consensual search violate the Fourth Amendment?
California, United States of America
Can an insurer intentionally relinquish its right to rely on the limitations provision?
MultiRegion, United States of America
What are the grounds for discipline for an attorney's failure to communicate with clients?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Is admitting an error in admitting a statement made by the Attorney General harmless beyond a reasonable doubt?
California, United States of America
What is the test for determining whether a plaintiff would not have suffered injuries as a result of negligence?
British Columbia, Canada
Can a chambers judge grant judgment in a cross-claim?
British Columbia, Canada
What is the standard of expert testimony used in a medical malpractice case?
MultiRegion, United States of America
What is the test for false imprisonment in a sexual assault case?
California, United States of America
Can a shipper be relieved of his liability if the consignee refuses to pay the freight?
Alberta, Canada
In what circumstances will a trial court reject the contents of a declaration of intent to amend her testimony in order to extend the statute of limitations?
California, United States of America
What is the test for a claim that retention in ad seg violated the Eighth Amendment rights of a mentally ill individual?
MultiRegion, United States of America
What is the difference between an application to strike pursuant to Rule 9-5 and a motion for summary judgement?
British Columbia, Canada
Can an employer be vicariously liable for an unauthorized, intentional wrong such as the sexual assault committed by an employee?
Ontario, Canada
What is the impact of medical malpractice on a patient's mental health?
California, United States of America
Does the tendering process create a contractual relationship between the owner and the general contractor?
Ontario, Canada
What is the test for determining that possession of peyote is not for a religious purpose?
California, United States of America
How to avoid double recovery issues?
Prince Edward Island, Canada
Is there any need for expert opinion to be used to arrive at the present value of a future judgment?
Ontario, Canada
How have the courts interpreted section 667.5 of the Criminal Code when determining whether a defendant suffered two felonies for which he served a prison term?
California, United States of America
What constitutes misconduct of counsel at a credible basis hearing?
British Columbia, Canada
Does Section 667.6, subdivision 667, subdivision (a) of the California Criminal Code apply to sex offenders who have been convicted of violent sexual crimes?
California, United States of America
What is the defense argument that the prosecution suppressed material evidence that might have been favorable to the defense?
California, United States of America
Does a court have to make a necessity instruction that a person must leave the scene of the crime and contact the authorities immediately after the crime has been committed?
California, United States of America
In what circumstances have courts found that 'Warning' is a contributory factor in determining whether a plaintiff has a valid claim?
"New York", United States of America
What is the burden of establishing that the removal statute does not apply to the jurisdiction of the federal courts?
MultiRegion, United States of America
What constitutes extortion and what is the test for extortion?
California, United States of America
What is the test for reasonable grounds in the context of privacy protection cases?
British Columbia, Canada
When a tort defendant seeks indemnity from a governmental entity pursuant to a third party procedure, does the indemnity claim need to be filed prior to the accrual of the cause of action?
California, United States of America
Does a decision whether to exclude evidence under section 24(2) of the Charter require deference by the Court of Appeal?
British Columbia, Canada
Can Champion use cumulative misconduct to prove just cause for dismissal?
Alberta, Canada
What is the record of the trial of a defendant who pleaded guilty to a charge of assault with intent to cause grievous bodily harm and possession of a concealed weapon?
California, United States of America
What is the after-acquired evidence defence in the context of a wrongful termination claim?
California, United States of America
What is the burden of proving discrimination against a party in a human rights complaint?
British Columbia, Canada
What are the elements of a cause of action for negligence?
California, United States of America
How have courts apportioned liability between a motorcyclist and a car driver?
MultiRegion, United States of America
What is the test for a jury to return a verdict in a civil case?
MultiRegion, United States of America
What is the test for determining whether a court has jurisdiction to hear or deal with a matter?
Ontario, Canada
What is the test for a judge to render a righteous judgment?
"New York", United States of America
What is the scope of an appeal based on a defendant's no contest plea?
California, United States of America
What is the argument in favour of minority control of a school?
Manitoba, Canada
In a penalty retrial, in what circumstances will the court admit the evidence of a police patrol car?
California, United States of America
Is there any case law requiring damages to be calculated in accordance with actuarial principles?
British Columbia, Canada
What is the current Miranda rights test?
MultiRegion, United States of America
Does defendant have any grounds to argue that the trial court erred by refusing to grant him additional peremptory challenges?
California, United States of America
What is the effect of a defendant's stipulation on the validity of a business record exception to the hearsay rule?
California, United States of America
