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.
Is there any case law relevant to this type of medical malpractice?
British Columbia, Canada
What is the test for entitlement to spousal support based on a compensatory or non-compensatory model?
British Columbia, Canada
Is evidence of a similar crime admissible if relevant to prove the material fact at issue?
California, United States of America
Does a judge have absolute immunity against liability in a sexual assault case?
MultiRegion, United States of America
What is the test for making a return to the writ of habeas corpus?
MultiRegion, United States of America
Does Section 1203.04 of the California Constitution provide victims of criminal activity with a right to restitution from those convicted of crimes?
California, United States of America
What is the test for determining whether there is no reasonable excuse for under-employment or unemployment?
Ontario, Canada
In what circumstances can a jury infer that a witness has been shackled?
California, United States of America
Can a corporation represent itself in court?
California, United States of America
What is the test for denying section 212(c) relief under the abuse of discretion standard?
MultiRegion, United States of America
What are the elements of the statutory definition of a "substantial similarity" between a drug and its chemical structure?
MultiRegion, United States of America
What is the test for mitigation in medical malpractice cases?
British Columbia, Canada
Does the good faith requirement in Hadjioannou apply to vary based on relocation?
British Columbia, Canada
What is the test for a pro se plaintiff to amend or amend a complaint?
MultiRegion, United States of America
What is the test for determining the truth of a witness's testimony in a medical malpractice case?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for making a request for prejudgment interest in a medical malpractice case?
California, United States of America
Can a motion to dismiss a white collar crime enhancement under section 1385 be heard before the trial court?
California, United States of America
What is the test for determining whether a defendant is mentally competent to stand trial?
MultiRegion, United States of America
What is the threshold for "significant unfairness" in the context of the BCAA?
British Columbia, Canada
Is a defendant who directly aids and abets an offense a "principal" under section 12022.53(e)(1) of the Criminal Code?
California, United States of America
Is an honest but unreasonable belief that the victim consented to sexual intercourse a defense to rape?
California, United States of America
What is the test for a jury to find a defendant guilty of assault with intent to murder in a case of mistaken identity?
California, United States of America
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror?
California, United States of America
What is the test for establishing "immediate presence" in a violent assault case?
California, United States of America
What is the standard of proof in civil and criminal cases?
Saskatchewan, Canada
Can a witness be re-examined on the basis of his or her credibility?
California, United States of America
What is the test for a motion for mistrial for abuse of discretion?
California, United States of America
What are the requirements for a custodial interrogation under the Miranda Rule?
California, United States of America
What is the test for dismissing a case under Rule 12(b)(6) for failure to state a claim?
MultiRegion, United States of America
Does a lawyer have to interview every witness in a trial?
MultiRegion, United States of America
Can a motor vehicle be used as a vehicle for the purpose of stealing?
California, United States of America
Can a lawyer be found guilty of professional misconduct by signing the jurat of an affidavit as having been sworn before her as a commissioner for taking affidavits?
British Columbia, Canada
In a motion to alter or amend the terms of a motion for bankruptcy protection, how have the courts dealt with the issue?
federal, United States of America
What are the damages for negligence arising out of two motor vehicle accidents which occurred in quick succession on January 6, 2007?
British Columbia, Canada
What is the current state of the law on liability for trespassing on private premises?
Saskatchewan, Canada
When a statute renders a defendant presumptively ineligible for probation, how does the court determine whether the presumption against probation is overcome?
California, United States of America
What is the test for qualified immunity for a government official who allegedly violated a civil rights violation?
MultiRegion, United States of America
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose?
British Columbia, Canada
What is the test for a motion for a mistrial in a personal injury case?
California, United States of America
Is Section 667 of the California Criminal Code applicable to repeat offenders who have been convicted of a similar crime?
California, United States of America
What is the test for good faith in a police search warrant application?
California, United States of America
What is the impact of not disclosing a debt in a matrimonial proceeding?
Nova Scotia, Canada
What are the legal principles governing an application to dismiss for want of prosecution?
British Columbia, Canada
Is a successful party in a family law case entitled to full recovery costs?
Ontario, Canada
Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty?
Alberta, Canada
In what circumstances will a perpetrator and aider and abettor be convicted of second degree murder at the same trial of the perpetrator and the perpetrator be reduced to manslaughter?
California, United States of America
What is the test for overturning a judgment in a sexual assault case?
California, United States of America
Does the Bureau of Investigation (BIA) have jurisdiction to consider criminal evidence that does not result in a criminal conviction?
MultiRegion, United States of America
What is the scope of the court's authority to vary a child support order?
Ontario, Canada
Can a court of appeal interfere with a trial judge's conclusions on viva voce evidence?
British Columbia, Canada
Is a plaintiff's mental health disorder a contributory factor in a motor vehicle accident?
British Columbia, Canada
What is the test for an instruction on self-defense?
California, United States of America
What is the effect of the onus factor in determining the outcome of a case?
Ontario, Canada
Can a jury be found to have improperly voted in a sexual assault case?
California, United States of America
What is the test for a prosecution to proceed in a sexual assault case?
California, United States of America
Does the self-incrimination clause in the fifth amendment apply to the states through the fourteenth amendment due process clause?
MultiRegion, United States of America
When will a court deny a severance motion for a non-capitalized murder?
California, United States of America
What is the test for admitting evidence in a criminal case?
California, United States of America
Can a jury infer that a defendant's participation in a gang was not proven by substantial evidence?
California, United States of America
What is the current state of the law on religious freedom in prison?
MultiRegion, United States of America
How have courts interpreted the "third interest" in a search warrant application?
MultiRegion, United States of America
What is the balancing process between federal and state courts?
MultiRegion, United States of America
Is Section 29 of the California Code of Civil Procedure limited to the use of expert testimony?
California, United States of America
What is the test for determining whether a plaintiff is entitled to punitive damages in an action for breach of an insurance policy?
MultiRegion, United States of America
Does a plaintiff have standing to bring a false advertising claim even though she testified she was satisfied with the product?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What defines a "major participant" in a Page 25 crime?
California, United States of America
What is the test for determining whether a crime is a lesser included offense of a greater crime?
California, United States of America
What is a reasonable restriction on the possession of cats?
California, United States of America
What is the test for multiple punishments under section 654 of the California Criminal Code for sexual assault?
California, United States of America
Does the co-conspirators exception to the hearsay rule apply to an indictment for conspiracy?
Alberta, Canada
What is the meaning of section 3(1) of the Youth Rights and Freedoms Act?
Saskatchewan, Canada
What is the test for a motion to set aside a default judgment?
California, United States of America
When will the court refuse joint custody where the parties do not agree to it?
British Columbia, Canada
Can a police officer stop a motorist for a traffic violation and search for outstanding warrants?
California, United States of America
What is the current state of the law on the use of searchable electronic surveillance equipment by the federal government?
MultiRegion, United States of America
Can a criminal defendant change trial counsel during the course of the trial?
MultiRegion, United States of America
What is the test for police to obtain thermal imagery from a thermal imaging unit?
Alberta, Canada
What is the limitation period for a person who is unable to understand the facts of a claim?
Ontario, Canada
What is the test for determining whether a defendant is able to pay a restitution fine above the statutory minimum?
California, United States of America
What is the test for subjective self-defense?
California, United States of America
What is the meaning of the word "affirmative defense"?
California, United States of America
What is the current state of the law on whether the Defendant should be sentenced to death?
MultiRegion, United States of America
What are the reasons for judgment on a constitutional issue on “taking up” or interjurisdictional immunity?
British Columbia, Canada
Does section 831.2 of the California Code of Civil Procedure apply as a matter of law to a personal injury claim brought by a child mauled by a mountain lion?
California, United States of America
What is the test for determining whether the claimant or the respondent was successful in proving and upholding most of the oral agreement?
British Columbia, Canada
Does section 2933.2 of the California Criminal Code apply to a defendant who was subsequently convicted of murder?
California, United States of America
What are the implied warranty and condition provisions at s. 18 of the Sale of Goods Act?
British Columbia, Canada
What is the appropriate sentence for a defendant convicted on a conspiracy count involving more than one controlled substance?
MultiRegion, United States of America
What is the test for "abuse of discretion" in civil service discipline cases involving a deputy sheriff's conduct?
California, United States of America
What is the test for holding a possessory right to the remains of a deceased's body?
MultiRegion, United States of America
What is the test for a defendant to successfully challenge the value of a victim's property at a restitution hearing?
California, United States of America
In a collateral habeas review of a state conviction, is the reasonable doubt standard applied specifically?
MultiRegion, United States of America
Does the harmless error rule apply in cases in which the court found that the trial judge failed to impose sanctions required by the Jencks Act?
MultiRegion, United States of America
What is the test for determining whether a defendant's death sentence is disproportionate to his individual culpability and moral guilt?
California, United States of America
Is there any evidence that a defendant's probation sentence for possession of a controlled substance was served concurrently with that same conviction?
California, United States of America
What is the test for making a testimonial statement in a criminal case?
California, United States of America
What is the test for establishing that the government has established the existence of a conspiracy and/or conspiracy?
MultiRegion, United States of America
Is implied or implied in a witness statement?
California, United States of America
Can a criminal defendant compel discovery of information in a police officer's personnel file?
MultiRegion, United States of America
What is the "oblique motive" of a Crown Prosecution Service officer in the context of Crown duties?
British Columbia, Canada
What is the burden of making a showing in a motion for damages?
California, United States of America
Does the headnote in an affidavit need to include “A Commissioner, etc.” in the jurat?
Saskatchewan, Canada
What are the relevant factors that a court will consider to set aside a default judgment?
British Columbia, Canada
What is the duty of a municipality to keep its roads in a reasonably safe condition?
British Columbia, Canada
What is the error of fact defense in a child abduction case?
California, United States of America
Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial?
British Columbia, Canada
What standard of review applies to a motion to compel arbitration?
California, United States of America
What is the burden of proving the falsity of statements?
California, United States of America
Does a plaintiff have to be decertified as a member of a class as a result of their success at trial?
MultiRegion, United States of America
What is the effect of an order for foreclosure of a mortgage or encumbrance?
Alberta, Canada
In determining whether the trial court erred in instructing the jury in a case, what is the test for interpreting the instructions as a whole?
California, United States of America
Can a party rely on a late-filed expert report?
Nova Scotia, Canada
Does a coroner have a duty to provide a proper post mortem examination to a deceased's widow?
California, United States of America
What is the test for a de novo review of a complaint?
California, United States of America
What is the standard of prejudice review in a personal injury case?
California, United States of America
What is the test for establishing an arbitration proceeding under section 11580.2 of the California Insurance Act?
California, United States of America
What is the basis to stay any of the appeals before the Court of Appeal?
Ontario, Canada
What is the test for a defendant to waive all of his constitutional rights against self-incrimination?
California, United States of America
Is there a cause of action for violations of section 1341 and 1343 of the Criminal Code?
MultiRegion, United States of America
Is there any reason to impeach an ex-police officer who was convicted of kidnapping?
California, United States of America
What is the test for a section 139 application?
Alberta, Canada
What is the test for determining whether an error in omitting an element of a charged offense is harmless?
California, United States of America
What is the test for wrongful filing of a lis pendens?
British Columbia, Canada
What is the test for a motion for habeas corpus based on ineffectiveness of counsel at trial?
California, United States of America
In what circumstances will an endorsement of an endorsement be struck?
Ontario, Canada
Is deliberate indifference a cause of action in common law?
MultiRegion, United States of America
What is the standard of review in appeal of an appeal of the same kind?
British Columbia, Canada
Is a parolee entitled to the same constitutional rights as an ordinary person?
California, United States of America
Does a defendant have a right to the effective assistance of counsel?
California, United States of America
What is the applicable statute of limitation for an allegation of sexual assault?
California, United States of America
How have the courts interpreted Rule 9.13 of the Rules of Civil Procedure?
Alberta, Canada
What is the test for whether a crime of moral turpitude involves fraudulent intent?
MultiRegion, United States of America
How have courts treated the issue of affirmative defense in cases involving sexual assault cases?
MultiRegion, United States of America
Can a police officer be confident that the first ASD test was administered outside of the 15 minute waiting period?
British Columbia, Canada
What is the test for just cause in the context of just cause cases?
Ontario, Canada
Does a partial reliance on a criminal record defeat defendant's Sixth Amendment claim?
California, United States of America
What is the evidence supporting the finding that the detention was not unreasonably prolonged and that appellant's Fourth Amendment rights were not violated?
California, United States of America
Can a letter that was not entered into evidence at a personal injury hearing be used as an exhibit in a judicial review?
California, United States of America
What is relevant evidence in a civil case?
California, United States of America
What constitutes substantial evidence in a sexual assault case?
California, United States of America
Is there sufficient evidence to find that the sexual assault charges in counts 1, 6 and 7 were forcible?
California, United States of America
What is the test for dismissing a motion of no prejudice against a defendant for failing to provide service within the statutory period?
California, United States of America
What is the test for imperfect self-defense?
California, United States of America
Can an informant be a material witness on the issue of guilt?
California, United States of America
What is the test for appeal against an order dismissing a complaint with leave to amend?
MultiRegion, United States of America
What are the costs of following an accident in a civil action?
Ontario, Canada
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation?
California, United States of America
What is the test for passing off information from one officer to another officer that leads to arrest?
California, United States of America
Is the reasonable knowledge standard unconstitutionally vague?
California, United States of America
What is the effect of a decision denying outpatient status for abuse of mental health?
California, United States of America
What is the test for determining whether an encroaching party was aware of the location of the property lines before the encroachment became an issue?
British Columbia, Canada
What is the state's right to protect its citizens against being murdered by criminals or madmen?
MultiRegion, United States of America
When will a trial judge refuse to enter judgment in accordance with the jury’s verdict?
Ontario, Canada
Is a restitutionary claim a benefit based claim?
British Columbia, Canada
What is the test for an appellant to be subject to the consequences of section 186.22 of the Penal Code?
California, United States of America
Can an individual who was acting as a "master" at the time of the negligence action be held liable for damages against the other owner of the vessel?
British Columbia, Canada
Can a landlord change a keyed entry knob in a shared bedroom without notice?
British Columbia, Canada
What is the test for fair trial in a sexual assault case?
New Brunswick, Canada
Can a search of a truck being searched by customs officials at the border be valid as an extended border search?
MultiRegion, United States of America
What is the burden on a party to dismiss an application pursuant to s. 27(1)(c)?
British Columbia, Canada
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss?
MultiRegion, United States of America
What is the standard of review applicable to a decision of review on a pure question of fact such as whether a marriage is bona fide?
Canada (Federal), Canada
What are the findings of an independent review of the record?
California, United States of America
Can a court compel a medical examination for the purposes of challenging an individual's legal competency?
British Columbia, Canada
Under what circumstances will the police be able to search and frisk an individual who has been detained under the Mental Health Act?
California, United States of America
Can a prison doctor be found guilty of deliberate indifference in a medical malpractice case?
MultiRegion, United States of America
In what circumstances will a police detective be found guilty of perverting the course of justice?
California, United States of America
What is the test for establishing that a criminal conviction is lacking evidentiary support?
California, United States of America
What is the test for privilege in medical malpractice cases?
Saskatchewan, Canada
Is an interest in land subject to encumbrances sufficient to warrant the dismissal of an application for security for costs?
Saskatchewan, Canada
What is the impact of a future care costs award for a plaintiff who has been diagnosed with multiple sclerosis?
British Columbia, Canada
Is there any case law where a defendant has been found not guilty of psychological coercion during an interrogation?
California, United States of America
What is the test for having standing in a motion to obtain injunctive relief to prevent the collection of a personal injury tax?
California, United States of America
Can a prisoner petition the sentencing court to vacate, set aside or correct its sentence?
MultiRegion, United States of America
What is the burden of proving that a police interview constituted a custodial interrogation?
California, United States of America
Does section 31724 of the California Labor Code allow for the expiration date of any leave of absence with compensation to be determined?
California, United States of America
What is the test for finding Dennis unavailable due to the People's failure to exercise reasonable diligence in attempting to locate him?
California, United States of America
In what circumstances will the Board of Arbitration for Human Rights consider whether the Immigration Judge abused his discretion in refusing to grant relief?
MultiRegion, United States of America
What is the test for an occupational rent claim?
British Columbia, Canada
What is the test for an interim spousal support order?
Ontario, Canada
What are the principles of fiduciary duties in the context of a personal injury case?
British Columbia, Canada
What are the consequences of a frivolous and vexatious pleadings?
British Columbia, Canada
What is the test for a plaintiff to succeed in his claim for negligence in a motor vehicle accident?
British Columbia, Canada
What is the statutory period for an indemnity cause of action?
California, United States of America
What is the standard of care for an elderly plaintiff?
British Columbia, Canada
What is the test for admissibility as evidence of a certificate of marriage issued out of the kingdom of Belgium?
Saskatchewan, Canada
What is the current practice of multiplying the legal fees charged by 80-90% for personal injury cases?
British Columbia, Canada
Can an employer be held liable for misrepresentation when there is no cause?
British Columbia, Canada
What is the test for impaired driving?
Ontario, Canada
Can an officer or director of a corporation be held liable in tort for breach of contract with a third party?
British Columbia, Canada
What is the difference between unfairness and inconvenience?
Nova Scotia, Canada
What is the test for filing an anti-SLAPP motion?
California, United States of America
What is the burden on a Respondent to a Complaint?
British Columbia, Canada
What is appropriate for summary judgment in a personal injury action?
Ontario, Canada
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony?
California, United States of America
What is the test to prove the element of actual possession?
MultiRegion, United States of America
What is the test for judicial review of a report from the Human Rights Commission of Canada?
Canada (Federal), Canada
