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.
Does the 9th Circuit of Justice have any authority to review the Guidelines de novo?
MultiRegion, United States of America
How have courts interpreted section 667, subdivision (a) of the Criminal Code?
California, United States of America
What is the test for overturning a conviction and sentence in a criminal case?
MultiRegion, United States of America
What is the test for maintaining a culvert in a fit condition?
Saskatchewan, Canada
What are the elements of a negligent misrepresentation cause of action?
Ontario, Canada
Is there any case law in which a defendant was charged with forcible lewd act upon a child?
California, United States of America
What is the test for establishing that a joint venture is not a "joint venture" where there is a clear link between the joint venture and the accumulation of wealth?
Nova Scotia, Canada
What is the legal justification for using the CRT as a substitute for the Owner's Condominium Plan?
British Columbia, Canada
Does a washing machine's noise not prove that it is faulty?
British Columbia, Canada
What is the legal test for withholding deportation when petitioner fails to meet the lower burden of proof required for asylum?
MultiRegion, United States of America
What are the precepts of a judge's discretion in sentencing?
California, United States of America
What is the test for pleading guilty or no contest in a civil case?
California, United States of America
Is a prosecutor's misconduct prejudiced in the trial of a defendant in a civil case?
California, United States of America
Is a motion to compel discovery to be heard before the Superior Court subject to review?
California, United States of America
What is the test for determining whether a new California Family Law Act does not infringe upon a fundamental right?
California, United States of America
Can a plaintiff in a common-law negligence action against three other parties claim damages for common law negligence?
California, United States of America
When will a judge set aside a default order?
Ontario, Canada
What are the governing principles on an application to set aside a default judgment?
British Columbia, Canada
What is the agency’s burden of explanation when it refers to evidence that contradicts its finding of fact?
Canada (Federal), Canada
What is the limitation on damages sought in a personal injury action for breach of warranty?
California, United States of America
Is a jury member entitled to hear a statement from the trial court stating that a jury would consider imposition of the death penalty?
California, United States of America
If a father has been in residence in this province since at least April 1994, has he been granted access to his children under the Divorce Act, 1985?
British Columbia, Canada
What is the difference between an insurance company and a reinsurance company?
California, United States of America
What is the difference between the right to take benefits and the duty to bear burdens after the transfer of ownership?
"New York", United States of America
What are the implications of a plaintiff’s new pleadings in a personal injury case?
Manitoba, Canada
Does a non-fiduciary owe a duty not to engage in constructive fraud?
California, United States of America
Does a judge have authority to charge a fee to cover the administrative cost of collecting a restitution fine?
California, United States of America
Is there any case law where a mixed fund has been found?
Saskatchewan, Canada
What is the standard of review for a trial court's decisions regarding jury incidents?
MultiRegion, United States of America
How has the special circumstance of murder-by-poison been interpreted?
California, United States of America
What is the evidence that supports a finding that defendant used force on at least one occasion to commit a lewd and lascivious act against his daughter?
California, United States of America
In what circumstances will a court sentence a defendant for committing two armed robberies at the same time?
California, United States of America
Does the extent of injury suffered by an inmate affect a determination of whether the use of force could plausibly have been thought necessary?
MultiRegion, United States of America
What steps do a court take to determine whether a plaintiff has a valid claim?
MultiRegion, United States of America
What is the effect of the admonition given by the district court in response to the prosecutor's description of reasonable doubt?
MultiRegion, United States of America
What is the test for a motion to dismiss an application for damages for copyright infringement?
British Columbia, Canada
What is the test for establishing approximate cause in a motor vehicle accident?
California, United States of America
What is the test for an order of imprisonment for contempt of a contempt of financial disclosure order?
Manitoba, Canada
Is a mistake of law a recognized defense in a criminal case?
California, United States of America
What is the test for determining whether a defendant is liable for additional damage to a plaintiff's asymptomatic, but not debilitating, pre-existing injury?
British Columbia, Canada
What is the Miranda obligation of a police community support officer who makes statements to a member of the public during a search and seizure?
"New York", United States of America
When a witness gives a statement that does not need corroboration, does that constitute "testimony"?
California, United States of America
What is relevant evidence for abuse of discretion?
California, United States of America
What is the test for a claim of lack of notice?
California, United States of America
What is the effect of making a complaint without stating any claims upon which relief may be granted under Section 1983 of the Federal Trade Union Act?
MultiRegion, United States of America
What is the test for giving deference to a police officer’s factual analysis?
Canada (Federal), Canada
What is the test for proof of the actus reus of the offence?
Ontario, Canada
Does a warrantless search violate the Fourth Amendment?
MultiRegion, United States of America
Can a tribunal control its own procedures?
British Columbia, Canada
What is the test for admitting evidence of uncharged misconduct in a sexual assault case?
California, United States of America
What is the test for a motion to vacate a judgment against a convicted murderer who suffered from encephalopathy?
California, United States of America
Does a purchaser have good title to goods taken in execution and sold by the bailiff as against the real owner?
Saskatchewan, Canada
Is there sufficient evidence to convict a man of possession of a stolen vehicle for driving under the influence of alcohol?
California, United States of America
Is there a situation where a significant premarital contribution to the acquisition of marital assets by one of the spouses was significant?
Nova Scotia, Canada
What is the test for an award of attorneys' fees on appeal?
California, United States of America
Does a motion or the notice of it need to be formality or formality?
California, United States of America
Is handcuffing excessive force in violation of the Fourth Amendment?
MultiRegion, United States of America
What are the implications of section 6672 of the Tax Reform Act on a plaintiff's civil rights?
MultiRegion, United States of America
What are the two foundations of a claim for sexual assault against the complainant?
Prince Edward Island, Canada
Is there any case law where the defense withdrew its request for judicial notice of a defendant's wife's denial that she was responsible for the marijuana found in the house?
California, United States of America
What is the state of the law in relation to the THFA?
Yukon, Canada
When imputing income is imputed, what is the effect on a motion to vary or change support?
Ontario, Canada
What is the test for instructing a jury on any lesser crime?
California, United States of America
What is the test for a motion of no confidence in a defense counsel?
California, United States of America
Can the Health and Social Services Board rewrite a collective agreement with a union?
Saskatchewan, Canada
Is a defendant entitled to insist that a suppression motion be filed and adjudicated?
California, United States of America
Are we conducting a review of a district court's exercise of discretion in a defense based on self-defense?
MultiRegion, United States of America
Is bad faith in the handling of a claim against an insured actionable?
MultiRegion, United States of America
What is the test for the doctrine of "duplication of elements"?
California, United States of America
How have courts interpreted the term "excusable neglect" in the context of employment law?
California, United States of America
What is the burden of proving that counsel deliberately failed to object to a motion of motion?
California, United States of America
What is the test for surplusage?
Alberta, Canada
What is the test for dismissing an action for failure to comply with any order of the court?
MultiRegion, United States of America
What are the implications of the Court of Appeal's decision not to award costs from interlocutory proceedings?
British Columbia, Canada
What is the test for equity when a property is transferred gratuitously?
British Columbia, Canada
Does section 654 of the Criminal Code apply to crimes of violence against multiple victims?
California, United States of America
What is the meaning of the term “significantly unfair” in the context of a property tax case?
British Columbia, Canada
What is the current state of the law on racial profiling?
MultiRegion, United States of America
What is the factual evidence used in the defence in the context of Rule 40A?
British Columbia, Canada
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed?
California, United States of America
What is the test for establishing a trier of fact?
California, United States of America
What is the test for a jury to determine whether a defendant was justified in using excessive force against an alleged aggressor?
California, United States of America
What is the correct approach on an application for damages under R. 18A?
British Columbia, Canada
What is the standard of review for denying a motion to suppress evidence?
California, United States of America
What is the test for damages for loss of capital asset in a motor vehicle accident case?
British Columbia, Canada
What is the test for a motion to dismiss a motion alleging that the actions of counsel were prejudicial?
California, United States of America
What is the current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment?
MultiRegion, United States of America
Is a 12-year-old girl who swerved slightly while pedalling at high speed to gain balance?
British Columbia, Canada
What is the burden of showing mitigation against a second husband in a personal injury action?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
How have courts interpreted sentencing statements at sentencing?
California, United States of America
Does the recipient spouse have to be self-sufficient in order to receive spousal support?
Ontario, Canada
What is the test for the constitutionality of forced labor under the Thirteenth Amendment?
MultiRegion, United States of America
What is the test for judicial review of an administrative determination?
California, United States of America
What is the test for alleging excessive use of force in a medical malpractice case?
MultiRegion, United States of America
How have courts interpreted the reasonableness standard in cases?
British Columbia, Canada
Are there any cases where a pension fund has been successful in its claim against a drilling company?
MultiRegion, United States of America
What is a joint bank account for the purposes of real property?
British Columbia, Canada
What is the case law on surreptitious recording of telephone conversations in a family law case?
Ontario, Canada
What is the test for appeal against a temporary restraining order?
MultiRegion, United States of America
Does a defendant have standing to assert a Fourth Amendment claim?
MultiRegion, United States of America
What is the burden of proving prejudice against a defendant asserting a right to speedy trial under the California State Constitution?
California, United States of America
Can a jury consider a defendant's voluntary intoxication in determining if he intended to commit a false imprisonment?
California, United States of America
What is the test for determining attorney fees awarded by a judge in a personal injury case?
California, United States of America
Is there any case law where defense counsel failed to timely object and did not timely object to admonish the jury to disregard the improper question?
California, United States of America
What is the current state of the law on pain and suffering?
Ontario, Canada
What are the clinical records of a doctor admissible for the purposes of medical malpractice?
British Columbia, Canada
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application?
MultiRegion, United States of America
Can a joint venture be terminated by an action for dissolution and accounting?
California, United States of America
What is the test for making a determination that a plaintiff has a right to sue for damages?
"New York", United States of America
Are lump sum spousal support awards valid?
British Columbia, Canada
Can a will-maker's moral duty be diminished or negated entirely where he or she has made inter vivos gifts to a claimant?
British Columbia, Canada
What is the test for good faith in the claim-of-right defense?
California, United States of America
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault?
British Columbia, Canada
Can the Court of Appeal correct a clerical error in a judgment?
California, United States of America
Does the doctrine of laches apply in common law?
British Columbia, Canada
What is the test for dismissing a criminal charge?
MultiRegion, United States of America
What is the test for a claim for loss of income based on a projected expansion of the business?
British Columbia, Canada
What is the test for a temporary spousal support application?
Ontario, Canada
What is the impact of summary judgment on personal injury cases?
Ontario, Canada
What is the quantum of support for a dependent spouse?
British Columbia, Canada
What is the test for a claim under Section 1983 of the Eighth Amendment against a prison officer for failing to protect an inmate from physical abuse?
MultiRegion, United States of America
What is the test for sexual harassment in the workplace?
British Columbia, Canada
What is the law on limited admissibility of evidence in criminal cases?
California, United States of America
What is the effect of assisting in the commission of crime?
California, United States of America
What is the current state of the evidence for a motion for acquittal?
California, United States of America
What is qualified immunity and what is the effect of qualified immunity?
MultiRegion, United States of America
What is the scope of a grand jury's investigative powers?
MultiRegion, United States of America
Does a defendant have a right to stand trial on an alleged prior conviction?
California, United States of America
What is the current state of the law on bail for a man accused of a violent crime?
California, United States of America
What is the test for refusing to provide a breath sample?
British Columbia, Canada
What is the current state of the law on police misconduct?
MultiRegion, United States of America
Can an order for advance payment of damages under Rule 18A be made?
British Columbia, Canada
How has strict liability been applied to the medical profession?
California, United States of America
Does the special needs doctrine apply when a search is conducted without a warrant?
MultiRegion, United States of America
What is the test for a jury to consider evidence that corroborates a victim's testimony but not prove the crime?
California, United States of America
What is the test for pleading in a personal injury action?
British Columbia, Canada
What constitutes a seizure when a police officer stops a person from walking away?
California, United States of America
What is the standard for establishing that an affidavit is falsified?
MultiRegion, United States of America
What is the law on medical malpractice in the US?
Ontario, Canada
What is the limitation period for terminating professional services?
Ontario, Canada
Does a rule of customary international law to the effect that courts have universal civil jurisdiction to hear civil cases alleging acts in violation of jus cogens?
Canada (Federal), Canada
What is the effect of quantum theory on quantum physics?
Alberta, Canada
Can a solicitor be found to have imparted confidential information to a client for another solicitor?
Ontario, Canada
Is kidnapping for robbery a violent crime for the purposes of section 1387.1?
California, United States of America
What is the test for granting an alibi instruction in a criminal case?
California, United States of America
What is the test for a motion to set aside default judgment?
Ontario, Canada
What is the test for assuming jurisdiction in a civil matter?
British Columbia, Canada
What is the test for a foreign divorce?
Ontario, Canada
Is a defendant who committed a murder without using a firearm entitled to a longer sentence?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
Does the exclusionary rule apply to a warrantless entry?
California, United States of America
Does a student who was kidnapped and killed by the police have to be held responsible for his own death?
California, United States of America
What is the test for admonishing a prosecutor in a criminal case against a defendant not to create straw men?
California, United States of America
Is it a violation of the Fourth Amendment to detain a suspect for exercising his First Amendment right?
MultiRegion, United States of America
What is the test for a summary judgment motion under the Family Law Rules?
Ontario, Canada
Is a police officer required to make a public announcement to enter a house?
British Columbia, Canada
What is the standard of hearing for a hearing at the BC SPCA?
British Columbia, Canada
What are some cases in respect of security for costs?
Manitoba, Canada
What is the scope of an expert’s cross-examination at a personal injury trial?
Ontario, Canada
Does the trial court abuse its discretion to exclude a defendant from the jury instruction on gross vehicular manslaughter while intoxicated?
California, United States of America
What is the test for abuse of power when there are more than one inference?
California, United States of America
In a sexual assault case, is a defendant permitted to refer to his failure to introduce evidence that was excluded on the prosecutor's motion?
California, United States of America
What is the test for substantial indemnity costs and premium?
Ontario, Canada
What is the test for determining whether a pensioner has a valid claim to his retirement benefits?
California, United States of America
In what circumstances will a court strike down a penalty assessed under section 13521 of the Penal Code?
California, United States of America
Is a stairwell that has no guardrails to prevent someone falling into the stairwell safe?
British Columbia, Canada
How have courts found an error of error harmless beyond a reasonable doubt?
California, United States of America
What is the test for pleading for a cause of action under Title 42 of the United States Code?
California, United States of America
What is the test for determining the best interest of the child in a custody and visitation case?
California, United States of America
What is the test for a sua sponte instruction on provocation and second degree murder?
California, United States of America
What is the test for having an operating mind?
Ontario, Canada
What is the test for making an amendment to a motion?
Ontario, Canada
What is the impact of publicity on the selection of a jury in a penalty trial?
California, United States of America
How have the courts interpreted the entrapment instruction in an assault case?
California, United States of America
Is there any case law where the award of global damages is based on a calculation of global average damages?
British Columbia, Canada
In what circumstances will the trial court exclude evidence of third-party culpability for abuse of discretion?
California, United States of America
What is the test for reducing to second degree murder?
California, United States of America
What are the findings of the Court of Appeal in a motion seeking relief for roadside approved screening devices?
British Columbia, Canada
What is the test for exclusive occupation of a family home?
British Columbia, Canada
Is a defendant's murder conviction reduced to second degree murder?
California, United States of America
What is the test for an insufficient explanation in Rule 54(b) judgment?
MultiRegion, United States of America
On a motion for an order requiring a vexatious litigant to post security, what is the burden on the moving party?
California, United States of America
What is the legal test for 'knowledge' of a crime?
California, United States of America
Can a shareholder of a publicly listed company who has agreed to a lockup agreement with the majority shareholder of the company in order to prevent the company from being taken over?
Ontario, Canada
What are the elements of a defamation claim?
California, United States of America
What is the current state of the law on cross-examination?
California, United States of America
In a motor vehicle case, what evidence does the court consider to support an inference of malice?
California, United States of America
What is the test for determining whether a federal judge has jurisdiction to remove a person from a federal position?
MultiRegion, United States of America
What is the test for determining who is responsible for injuries caused by careless driving in a public way?
California, United States of America
What is the test for determining the appropriate amount of child support under section 4055 of the California Family Code?
California, United States of America
What is the test for determining whether a building code safety violation can be found to be a contributory factor in a negligence claim?
California, United States of America
What is the test for overturning a judgment in a victim restitution case?
California, United States of America
Can a motion to recuse a prosecutor be reviewed for abuse of power?
California, United States of America
Is a waiver of a defendant's right to testify a personal waiver of that right?
California, United States of America
What is the current state of the law on disclosure of financial information in family law?
Ontario, Canada
What obligations does the trial court have to instruct the jury on general principles of law?
California, United States of America
Can a defendant argue that marijuana and methamphetamine, packaged separately, were intended for separate buyers?
California, United States of America
What is the test for admitting or denying the use of an officer's body camera?
California, United States of America
When a beneficiary of a trust receives dividends from the trust, does the beneficiary have to pay tax on the net income of the trust?
"New York", United States of America
