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 current state of the law in B.C. with respect to "gross-up" in personal injury cases?
British Columbia, Canada
Is a court's control over the manner of questioning at trial reviewed for abuse of discretion?
MultiRegion, United States of America
What is the result of a medical malpractice case?
British Columbia, Canada
What is the effect of withholding removal on a refugee who can show that they would be threatened upon return to their home country?
Canada (Federal), Canada
What is the impact of the common law on the rule of law in Canada?
Prince Edward Island, Canada
What is the test for using prior conviction evidence in a sexual assault case?
California, United States of America
Is a stop or arrest valid where it is supported by the necessary level of probable cause?
"New York", United States of America
Does section 654 of the California Criminal Code bar multiple punishments for robbery and assault with a deadly weapon convictions?
California, United States of America
Can a shotgun sale be found inappropriate?
British Columbia, Canada
Does the state have a compelling state interest in protecting society from dangerous persons?
California, United States of America
What is the test for a litigation plan?
Ontario, Canada
What is the effect of a judge's failure to discuss collateral aspects of a case?
British Columbia, Canada
What are the factors to consider in determining the appropriate disciplinary action of the Law Society of BC?
British Columbia, Canada
Can an appellant appeal both his conviction and his sentence?
MultiRegion, United States of America
In what circumstances will a plaintiff be able to enforce Section A.1 of the California Declaration of Rights?
California, United States of America
What is the test for an order barring the testimony of a witness whose name was not revealed in answer to interrogatories?
California, United States of America
What is the test for finding a defendant guilty of committing an act of sexual assault against another defendant?
MultiRegion, United States of America
Is restoration of property a defense to an embezzlement charge?
California, United States of America
Is C.G. unavailable as a witness when she failed to return to trial?
California, United States of America
What is the test for a defense based on the amount of marijuana petitioner possessed at the time of his arrest?
MultiRegion, United States of America
How has the hearsay exception been interpreted?
California, United States of America
What are the costs of a summary judgment motion?
Ontario, Canada
What is the range of factors used to determine the quantum of damages awarded in a motor vehicle accident case?
British Columbia, Canada
Does a prosecutor have the right to seek reconsideration of a finding in the context of a serious sexual assault case?
California, United States of America
In what circumstances will a court change the status quo in one parent's home?
Ontario, Canada
Is circumstantial evidence sufficient to invalidate a jury's opinion?
California, United States of America
What is the test for determining whether a defendant has a mental capacity to stand trial?
California, United States of America
Is a criminal defendant required to attend a restitution hearing?
California, United States of America
How has the complainant described her assault on five separate occasions?
Ontario, Canada
Can a defence medical with an orthopaedic surgeon after one has been performed by a physiatrist be performed?
Ontario, Canada
What are the grounds for refusing to enforce a solicitor's undertaking?
British Columbia, Canada
What is the result of a motion to dismiss the appeal as moot?
MultiRegion, United States of America
What is the test for dismissing an application to dismiss a complaint that may raise issues of credibility?
British Columbia, Canada
What is sufficient corroborating evidence in a sexual assault case?
California, United States of America
What constitutes an admission of liability in the context of personal injury litigation?
Ontario, Canada
What is the test for determining whether an individual is disabled for purposes of disability benefits when there is evidence that detracts from the Commissioner's conclusion?
MultiRegion, United States of America
Can a jury be persuaded into reaching a verdict by using language that refers to "conscientiously held doubts" in a jury trial?
MultiRegion, United States of America
In what circumstances will a defendant not be able to obtain a finding of duress from a jury?
California, United States of America
What is the test for having no criminal record?
California, United States of America
What factors will the court consider when determining the division of assets between the parties in a long-term marriage where there was a long term marriage?
British Columbia, Canada
How have the Law Society of BC assessed costs in a personal injury action?
British Columbia, Canada
Can a defendant argue ineffective assistance of counsel on appeal for failing to object to the prosecutor's comments in closing argument?
California, United States of America
Is Section 654 of the California Criminal Code applicable to a false imprisonment and robbery in which there were multiple victims?
California, United States of America
Can evidence seized pursuant to a warrant issued by a federal magistrate be used in criminal proceedings?
MultiRegion, United States of America
In what circumstances will a domestic violence victim be allowed to make an out-of-court statement?
California, United States of America
Does a court have the power to deny due process?
California, United States of America
What is the test for freedom of expression in the context of an election campaign?
Ontario, Canada
What is the current state of the law on cross-examining?
California, United States of America
Is involuntary disqualification an absolute right to retain counsel of one's choice?
MultiRegion, United States of America
Does a prosecutor's reference to evidence that should not have been presented to the jury increase the potential prejudice flowing from the error?
California, United States of America
What is the scope of the argument in the context of an appeal in the Supreme Court of Canada regarding privacy concerns?
Ontario, Canada
When will a judgment be entered on a claim brought by a plaintiff against the deceased's personal representative?
California, United States of America
In what circumstances will the court accept a defendant's statement of intent to commit a crime?
California, United States of America
Does section 3 of the Penal Code bar retroactive application of section 4 of the Criminal Code?
California, United States of America
What is the provocation necessary to reduce murder to manslaughter?
California, United States of America
What is the test for a motion for a new trial for abuse of the abuse of a juror?
MultiRegion, United States of America
What is the test for re-examining an expert's testimony in a criminal case?
California, United States of America
What is the test for a motion for acquittal at the close of the prosecution's evidence?
MultiRegion, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
What is the effect of a hearsay objection on a motion for a mistrial?
California, United States of America
Can intent be considered as part of the risk analysis?
Alberta, Canada
What is the standard for a second or successive habeas corpus application?
MultiRegion, United States of America
What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence?
California, United States of America
What is the burden of proving section 1170.18 eligibility?
California, United States of America
How have the courts interpreted the Statement of Guarantees Acknowledgment Act?
Alberta, Canada
Does the doctrine of ex post facto prohibition apply?
MultiRegion, United States of America
What is the test for a motion to vacate a conviction under section 1016.5 of the California Criminal Code?
California, United States of America
What is the test for determining whether a sexual assault was committed under duress?
California, United States of America
What is the impact of the Respondent’s claim against the taxpayer for failing to pay the assessed amount?
Alberta, Canada
Can a judge be appointed to a superior court post after the election of a new superior court judge?
California, United States of America
Does a conviction obtained through the use of false evidence violate a defendant's due process rights?
MultiRegion, United States of America
What is the test for dismissing prior convictions in a three strike case?
California, United States of America
Is there a conflict of interest between a proposed expert and the proposed expert?
British Columbia, Canada
In what circumstances will a plaintiff be liable for all damages arising from a procedure performed by a medical malpractice surgeon?
California, United States of America
Can a witness give evidence in a sexual assault case that was not in the presence of the jury?
California, United States of America
Does a defendant have to be re-read the Miranda rights?
California, United States of America
What is the case law supporting a payee’s position that re-partnership enhances their ability to pay for their spouses’ expenses?
Manitoba, Canada
Can an employer condition an offer of employment on the results of a medical examination?
California, United States of America
Can a joint tenancy in real property be severed?
Saskatchewan, Canada
What is the test for invoking section 1202b of the California Criminal Code to mitigate a sentence of life without parole for an otherwise qualified defendant?
California, United States of America
Does the name of the Attorney General of Canada need to change?
Alberta, Canada
What is the test for determining whether a defendant has been found competent to stand trial?
MultiRegion, United States of America
Is a plaintiff’s damages divided between herniated disc and herniata disc?
Ontario, Canada
Does a pilot have to land his aircraft at the scene of a motor vehicle accident?
MultiRegion, United States of America
How have the courts interpreted sub-rule 2 (2) of the Family Law Rules?
Ontario, Canada
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset?
British Columbia, Canada
What is the impact of having two young children who have been placed at risk of physical and emotional abuse?
Ontario, Canada
Does discovery not reveal whether this conduct occurred within or without the statute of limitations?
MultiRegion, United States of America
What is the test for proving dishonesty of fraud in a real estate transaction?
Ontario, Canada
How have courts interpreted section 5364 of the California Criminal Code?
California, United States of America
What is the test for a cause of action under Section 1983 of the California Civil Code?
MultiRegion, United States of America
Is the jury instructed on two theories of second degree murder?
California, United States of America
Is a state worker entitled to a reduction in state workers' compensation benefits under the Social Security Act?
MultiRegion, United States of America
What is the test for determining whether a defendant intended to steal from a shoplifter?
California, United States of America
Is a prosecutor guilty of misconduct when he elicits inadmissible statements from his or her witnesses?
California, United States of America
Does a debtor have a moral obligation to pay a debt that is barred by the statute of limitations?
California, United States of America
What is the test for setting aside a garnishing order before judgment?
British Columbia, Canada
Does a federal court grant a motion for writ of habeas corpus to resent the sentence of defendant on count 2 of the charge of assault with intent to pervert the course of justice?
California, United States of America
Does a plaintiff have to prove that negligence was the sole cause of injury?
British Columbia, Canada
What is the standard of review for a charge of plain error in a motion brought by Pettway against the District Court?
MultiRegion, United States of America
What is the difference between conduct that is oppressive and that which gives rise to unfair prejudice?
British Columbia, Canada
What is the effect of failure to obtain a search warrant for a suspect?
California, United States of America
How many chiropractic sessions have been limited to 12?
British Columbia, Canada
What is the test for having counsel in a personal injury case?
California, United States of America
What is the test for dismissing a co-defendant on a Rule 18A application?
British Columbia, Canada
What is the test for a special-circumstance felony murder?
California, United States of America
What are the most recent decisions in the history of solicitor and client privilege?
Ontario, Canada
Is there a savings clause in a personal injury claim?
California, United States of America
What is the test for "substantially justified" use of the word "reasonable" in a civil case?
MultiRegion, United States of America
Does the Justice Department argue that a prior showing of probable cause under the Fourth Amendment would "destroy its utility" by requiring a warrant?
MultiRegion, United States of America
What are the reasons for non compliance with the Rules of Civil Procedure?
Ontario, Canada
Can a claim of conscientious objection be used as a defense in a prosecution for refusing to submit to induction?
MultiRegion, United States of America
What is the test for determining whether a jury has found the elements of a crime beyond a reasonable doubt?
MultiRegion, United States of America
Is a motion to dismiss an indictment based on charges of outrageous governmental conduct a question of law to be reviewed de novo?
MultiRegion, United States of America
What is the current state of the law on custody and access?
British Columbia, Canada
What is the test for exclusion of evidence for abuse of discretion?
California, United States of America
What is the test for a claim for future income or household assistance under section 267.5(5) of the Social Security Act?
Ontario, Canada
What is the test for an occupational rent claim?
British Columbia, Canada
Can an owner withdraw a dispute in a strata plan?
British Columbia, Canada
What is the test for determining whether a defendant has been found guilty of sexual assault?
MultiRegion, United States of America
Can a defendant be ordered to pay a post-release community supervision revocation fine for failing to comply with community supervision obligations?
California, United States of America
What are some cases in which an accountant has been found to have perjured testimony at trial?
California, United States of America
Can a party who is not a holder of a credit card be entitled to claim the full amount of the credit?
British Columbia, Canada
What is the test for reckless conduct in the context of a motor vehicle accident?
MultiRegion, United States of America
What is the standard of review for attorney fees?
California, United States of America
What is the test for determining whether a court is bound by its own interpretation?
California, United States of America
In what circumstances have courts reversed a verdict in a malicious prosecution action?
California, United States of America
What is the difference between a house and a detached garage?
Nova Scotia, Canada
What are the elements of a crime under the Wire Fraud Act?
MultiRegion, United States of America
Is there a difference between a kidnapping and a kidnapping under section 654 of the California Criminal Code?
California, United States of America
What is the definition of a crime of violence under the Criminal Code of Violence Act?
MultiRegion, United States of America
What is the test for a probation officer to determine a defendant's ability to pay probation costs?
California, United States of America
When will a father's position that he would provide an apartment for his son?
Ontario, Canada
What is the duty of good faith in a contract?
New Brunswick, Canada
What is the test for obtaining consent to search a personal computer?
Ontario, Canada
What is the test for misconduct in a trial where a defendant refused to take the stand in his or her own defense?
California, United States of America
What is the balance between convenience and the best interests of the child?
Ontario, Canada
What is the test for standing in a declaratory relief action?
California, United States of America
What is the test for a jury to convict a defendant on appeal?
California, United States of America
What is the test for a wrongful dismissal action?
Alberta, Canada
What are the consequences of errors committed by the jury in the trial of a defendant in a civil case?
MultiRegion, United States of America
What is the quantum of damages required to be sufficient to mark the wrong that has been done?
Ontario, Canada
Can a certificate of analysis be used to prove that a bottle contains liquor?
Saskatchewan, Canada
What is de novo in the law of attorney fees?
California, United States of America
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial?
California, United States of America
How have the courts interpreted the totality of the totality-of-the-circumstances test for determining that the Dutch banks' interest in the partnership was not "bona fide equity participation"?
MultiRegion, United States of America
Does a judge have to say the following in order to give an oral judgment?
British Columbia, Canada
Can Commissioner Pfau sit as a temporary judge?
California, United States of America
Can a mortgage be declared unconscionable?
British Columbia, Canada
Is there any state action which deprived a defendant of his right to a fair and impartial trial?
California, United States of America
What is the test for qualified immunity for an official who allegedly violated a plaintiff's right to sue?
MultiRegion, United States of America
Is there any evidence that a jury did not understand or follow instructions?
California, United States of America
Is a plaintiff's right to make an oral complaint about prison conditions protected under the First Amendment?
MultiRegion, United States of America
What is the test for trespass to the person against a peace officer?
British Columbia, Canada
What is the scope of a Minister's Delegate's discretion to make a decision on whether to grant authorizations to use the Emergency Preparedness Manual?
Canada (Federal), Canada
How does the doctrine per quod servitium amisit work?
Alberta, Canada
What is the test for reversing a finding that a defendant had a reasonable opportunity to reflect before committing an assault?
California, United States of America
What is the effect of a federal district court's order dismissing an action against Proposition 115?
MultiRegion, United States of America
What is the test for admitting a witness's "excited" statement after the event?
"New York", United States of America
What is the test for establishing a prima facie case of disparate treatment?
MultiRegion, United States of America
Is it unreasonable for an inspector to conclude that a contractor has met the standards of the Building Code because the contractor says so?
Ontario, Canada
Is a natural parent's 'right' to a child considered to be in the best interests of the child?
"New York", United States of America
What is the test for denying a plaintiff's request to change his attorney?
California, United States of America
How much evidence must be taken to prove the amount of damages in an action for breach of contract?
California, United States of America
Is a defendant ineffective counsel for failing to raise an objection at the hearing?
California, United States of America
What is the test for good faith in the claim-of-right defense?
California, United States of America
What is the appropriate format of a Civil Procedure Review Tribunal hearing?
British Columbia, Canada
What is the current state of the law in BC when it comes to determining whether a person with a disability is a “child” who has to live with the supervision of her mother?
British Columbia, Canada
What is the effect of suspending deliberations in a criminal case?
California, United States of America
In what circumstances will the Court grant prerogative relief in the manner of conducting investigations where the investigator is simply collecting information and not deciding or adjudicating anything?
British Columbia, Canada
What is the impact of a mistake by the Attorney General in admitting evidence of domestic violence to a jury?
California, United States of America
In a personal injury action, is cost of future care a consideration in damages for future care costs?
British Columbia, Canada
Does the crime of stealing property from the person be a felony even if the value of the property is low?
California, United States of America
Does a prosecutor's argument that a defendant failed to introduce material evidence constitute prejudicial misconduct?
California, United States of America
What is the effect of counsel concurring on the issue of nuisance to the jury?
British Columbia, Canada
Is a motion under section 995 of the Penal Code a determination of a factual issue relating to the merits of the case?
California, United States of America
What is the test for admitting photographs of child abuse and physical exhibits at trial?
California, United States of America
What is the test for dismissing an application pursuant to section 27(1)(c)?
British Columbia, Canada
What is the standard of review of prosecutorial misconduct?
California, United States of America
Can a federal district court review a final judgment of a state court?
MultiRegion, United States of America
What are the parties' obligations on a summary judgment motion?
Ontario, Canada
What is the difference between latent and latent defects?
New Brunswick, Canada
Does the concept of fraudulently obtaining consent apply to sex offences under section 288 of the Penal Code?
California, United States of America
What are the requirements of a plaintiff in a civil case?
MultiRegion, United States of America
Does an organization have standing to sue on its own behalf?
MultiRegion, United States of America
Is there any case law where an employer provides transportation to and from the remote location of Mica Creek?
British Columbia, Canada
What constitutes a "action" under the Clean Air Act?
California, United States of America
What is the presumptive date for child support when the father raises the issue with the mother by text message?
Ontario, Canada
In what circumstances will a prosecutor be allowed to make a hearsay objection to a witness's testimony?
California, United States of America
What is the test for establishing a flood control scheme in a public utility?
Saskatchewan, Canada
What is the test for admitting or excluding evidence of prostitution in a sexual assault case?
California, United States of America
What is equitable tolling for a plaintiff in a motor vehicle accident?
MultiRegion, United States of America
What is the test for obtaining permission to commence a civil action in a federal district?
MultiRegion, United States of America
How has section 69 of the California Criminal Code been interpreted in the context of a physical struggle between a defendant and an officer?
California, United States of America
Is a lack of intent a defense where the crime of escape has occurred?
California, United States of America
What is the test for a civil servant to be found guilty of gross misconduct in a civil case?
California, United States of America
What is the burden of proving private communications were not made privately?
MultiRegion, United States of America
Can a motorcyclist's post-accident changes be used to assess the likelihood of future accidents?
British Columbia, Canada
Does a defendant who has filed a cross-complaint in small claims court have the right to appeal from the judgment?
California, United States of America
How has the Ministry of Justice made determinations under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
