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 burden of proof on the applicant society seeking a disposition order of permanent Crown Wardship (with adoption as placement), and no access to the biological parents?
Ontario, Canada
What is the standard of discovery in a personal injury action?
MultiRegion, United States of America
What are some cases that have been decided by the Court of Appeal in the past?
Saskatchewan, Canada
Is there a presumption of gift with adult children?
Ontario, Canada
Is a contract enforceable for positive rights created by a subsequent oral amendment to a written contract if there is no oral amendment?
Ontario, Canada
What is the test for a child's best interests when a parent is seeking to move to a new home with a new partner?
British Columbia, Canada
What is the test for violence under section 654 of the California Criminal Code?
California, United States of America
What is the current state of the law regarding the limited purposes for which clinical records are admissible?
British Columbia, Canada
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea?
California, United States of America
How do you explain the consequences of losing public housing because of drug possession?
"New York", United States of America
What is the test for maintaining a strata's CP?
British Columbia, Canada
Can a pregnant woman sue her unborn child?
British Columbia, Canada
What are the elements of a cause of action for fraud?
California, United States of America
What is the test for a husband to be able to claim an additional wife under Section 59 of the Marriage and Divorce Act?
Ontario, Canada
What is a lay witness's right to have an opinion?
California, United States of America
What is the test for a demurrer based on a statute of limitations?
California, United States of America
Does a general demurrer in a declaratory relief action need to be sustained on appeal?
California, United States of America
What is the test for applying a principal or rule stated by a reviewing court that is necessary for the review?
California, United States of America
What is the legal test for producing documents in the hands of a third party?
British Columbia, Canada
What is the test for collecting non-lienable debt under a Strata Plan?
British Columbia, Canada
In a custody and visitation case involving marijuana use, does the court have the widest scope to choose a parenting plan that is in the best interest of the child?
California, United States of America
Does reckless driving constitute a criminal offence for purposes of section 1159 of the Penal Code?
California, United States of America
How have the courts in India dealt with the issue of loss of future earning capacity?
British Columbia, Canada
When will a court grant defendant immunity in a civil case alleging retaliation against an inmate?
MultiRegion, United States of America
What is the legal test for determining the value of stolen property?
California, United States of America
Does the Attorney General oppose granting a petition to the Court of Appeal without the issuance of an order of show cause?
California, United States of America
What is the test for reversing a conviction for a lesser included crime?
California, United States of America
Can a defendant who testifies before a jury be impeached with a prior conviction of any felony evincing moral turpitude?
California, United States of America
Does Defendant have any evidence to support her claim that the court failed to review the supporting documents to determine whether attorney fees requested were reasonable in need and amount?
California, United States of America
What is the test for a First Amendment retaliation claim?
MultiRegion, United States of America
Can a motion to vacate a judgment be appealed on the basis of fraud?
MultiRegion, United States of America
What is the test for determining whether a driver with the right of way is the dominant driver?
British Columbia, Canada
What is the test for a non-dispositive pretrial ruling by a magistrate judge?
MultiRegion, United States of America
How is the non-pecuniary losses of an already disabled individual measured?
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
In what circumstances will a sexual assault victim be able to escape from her attacker?
California, United States of America
Under section 954 of the California Criminal Code, can a defendant bring charges of murder and attempted murder against the same defendant?
California, United States of America
What is the test for a claim of ineffective assistance on appeal?
California, United States of America
What is the test for determining whether a writ of appeal should be issued?
MultiRegion, United States of America
What is the test for setting aside a sentence that is substantively unreasonable?
MultiRegion, United States of America
Is qualified immunity available to a defendant who is not a defendant in a civil case?
MultiRegion, United States of America
Is malice aforethought required for a Page 19 conviction for attempted murder?
California, United States of America
What is the test for determining whether a defendant is guilty of manslaughter based on implied malice?
California, United States of America
What is the test for a claim for violation of the Eighth Amendment as it pertains to conditions of confinement?
MultiRegion, United States of America
What is the harmless error rule when there has been unauthorized communication between judge and jury?
California, United States of America
What is the test for abuse of evidence at trial?
California, United States of America
What is the current state of the law on mortgage fraud?
Ontario, Canada
How has the Law Society of BC dealt with the issue of misconduct?
British Columbia, Canada
Does the Arbitrator award credibility to a Grievor who had a greater interest than Thiessen in lying?
British Columbia, Canada
Does the Eighth Amendment prohibit the imposition of criminal penalties for "sitting, sleeping or lying outside on public property for homeless individuals who cannot obtain shelter"?
MultiRegion, United States of America
What is the test for establishing that a claim is substantial and substantial?
California, United States of America
Is there any case law where the time for filing for a motion to close is so short?
Canada (Federal), Canada
What is the standard for applying section 654 of the California Criminal Code when dealing with illegal possession of a firearm concealable upon the person?
California, United States of America
How has the doctrine of "self-executing" been interpreted?
California, United States of America
What is the effect of a search warrant being used to seize and search a vehicle in a motor vehicle?
British Columbia, Canada
Can a juror's interpretation of their instructions be impeached under California Evidence Code section 1150?
California, United States of America
Can an employer force a nurse to move nurses from one unit to another?
Saskatchewan, Canada
Does the admission of testimonial hearsay against a criminal defendant violate the Sixth Amendment right to cross-examine witnesses?
California, United States of America
What is the test for establishing force for the purpose of robbery conviction?
California, United States of America
What is the test for an argument that the jury was improperly instructed on second degree felony murder premised on kidnapping for extortion?
California, United States of America
Is a plea agreement that waives a right to file a federal habeas petition enforceable?
MultiRegion, United States of America
What is the test for determining whether a gift is a loan or a gift?
British Columbia, Canada
What is the legislative history of Section 1983 of the Fourteenth Amendment?
MultiRegion, United States of America
Can a summary judgment motion be allowed to proceed before certification?
Ontario, Canada
What is the "intangible rights" theory?
MultiRegion, United States of America
What is the test for wilful destruction of a lost will?
Ontario, Canada
Can the biological father of a child be notified of the adoption of the child prior to the child being adopted?
Saskatchewan, Canada
Is a plaintiff entitled to a total of attorney fees as costs?
California, United States of America
Is an appropriative right a kind of real property for at least some purposes?
California, United States of America
Can a finding of probable cause be based on hearsay statements of a witness who was neither an eyewitness nor a victim?
California, United States of America
How have the courts interpreted the instructions of the jury in the case of People v. Seumanu?
California, United States of America
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence?
California, United States of America
What is the burden of proving ineffective assistance on appeal?
California, United States of America
Does a defendant have a right not to testify at a jury trial?
California, United States of America
What constitutes "use" of a firearm in a carjacking context?
California, United States of America
What is the test for appointing an opposing attorney in a personal injury case?
California, United States of America
What is the test for constructive possession in a drug case?
MultiRegion, United States of America
What is the test for overturning a verdict in a civil case?
California, United States of America
Is ineffective assistance of counsel ineffective at a preliminary hearing?
California, United States of America
What is the test for a motion to dismiss for failure to establish a prima facie case?
"New York", United States of America
Can an employer recover workers' compensation benefits from an employee who was injured in a workplace accident?
California, United States of America
What is the legal definition of a crime?
California, United States of America
Does a judge have authority to instruct a plaintiff to pursue a particular theory?
California, United States of America
Is a business required to be in operation at the very day when a zoning by-law comes into force?
Ontario, Canada
How have courts interpreted the opposition clause of section 704(a) of the Ontario Human Rights Code?
MultiRegion, United States of America
Can an insurer sue at law in cases where the extent of the loss is not covered by the insurance policy?
California, United States of America
Is a notice of appeal valid when it is derived from an order denying a motion to amend the complaint?
California, United States of America
What is the range of suspension terms for the suspension of the Law Society of BC?
British Columbia, Canada
Does a federal court have authority to restrict communications of an inmate convicted of a racketeering offence?
MultiRegion, United States of America
What is the test for the voluntariness of a suspect's consent to enter and to search a home?
MultiRegion, United States of America
What is the evidence supporting the defense theories regarding the gun and regarding the mental state of petitioner?
MultiRegion, United States of America
What is the test for calculating damages for wrongful termination of a lease agreement?
British Columbia, Canada
Does the Court of Appeal have to reduce an assault conviction from a felony to a misdemeanor under Proposition 47 when the judgment is not yet final?
California, United States of America
What is the scope of an extradition hearing where a Charter issue is directly related to the committal proceedings?
British Columbia, Canada
What is the test for proving a sentence enhancement?
California, United States of America
Can a witness be evasive in giving evidence at trial?
California, United States of America
Does Justice have physical possession or control of an email server used by a government employee?
Saskatchewan, Canada
What is the test for the doctrine of action estoppel?
British Columbia, Canada
When can a vendor claim damages for specific performance?
Ontario, Canada
What is the right to a jury trial pursuant to s. 18(1)(b) of The Jury Act, 1998?
Saskatchewan, Canada
What is the burden of establishing a genuine issue of material fact?
MultiRegion, United States of America
What is the burden of producing a record that affirmatively shows error?
California, United States of America
Does the need to conceal the identity of the money-launderer constitute concealment in a money laundering case?
MultiRegion, United States of America
What is the standard of care under s. 175 of the Motor Vehicle Act?
British Columbia, Canada
How have courts interpreted the definition of "viciousness" in sentencing for a violent crime?
California, United States of America
What is the test for making a claim of unconstitutionality?
California, United States of America
Is a plaintiff entitled to recover out-of-pocket expenses incurred as a result of a motor vehicle accident?
British Columbia, Canada
What is the test for waiver of a medical malpractice prohibition?
"New York", United States of America
Is there an obligation on a person to earn income?
British Columbia, Canada
What is the legal basis for a notice of appeal against a judgment that a defendant breached his probation?
California, United States of America
Is a threat to commit a crime that will result in great bodily injury criminal if it is conditioned upon the removal of handcuffs?
California, United States of America
Does the good faith exception apply to a search warrant for a drug dealer who allegedly uses a so-called narcotics code?
MultiRegion, United States of America
Does a stipulation stating that a litigant must consent to the stipulation stated in open court constitute consent?
California, United States of America
What is the test for a claim for loss of capacity in a nursing home?
British Columbia, Canada
Does a Dismissal of an indictment under the Supervisory Power of the Attorney General be inappropriate?
MultiRegion, United States of America
What are the factors used by courts to determine whether a defendant has a grave risk of death?
California, United States of America
Are there any cases where the Court of Appeal has ruled that the Court must post costs of the underlying proceeding be posted?
British Columbia, Canada
Does a less severe sanction for noncompliance with a rule or order apply?
California, United States of America
What is the test for an illegal immigrant to be convicted of a charge under section 1326(a)(2) of the Immigration Code of Civil Procedure?
MultiRegion, United States of America
Is a court's ruling on a motion for access to law enforcement personnel records subject to review?
California, United States of America
What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat of imminent execution of a threat?
California, United States of America
In what circumstances will the court refuse to grant a motion to dismiss an application for leave of execution?
California, United States of America
What is the test for determining whether a homeowner is liable for damages caused by the construction of a flood control project?
California, United States of America
What is the test for whether a state law has a reference to an employee benefit plan?
MultiRegion, United States of America
What is the test for a reversal of a jury's verdict in a personal injury case?
California, United States of America
What is the effect of a failure to answer interrogatories in a deposition?
California, United States of America
Can evidence of domestic violence be admitted in a criminal case?
California, United States of America
What is the test for balancing the convenience between the parties?
Newfoundland and Labrador, Canada
Does a defendant have a right to address the jury upon the facts?
"New York", United States of America
What is the liability of the purchasing corporation of a manufacturer of equipment manufactured in 1948?
Ontario, Canada
Can a court order a protective order, even if the assigned magistrate judge signed the stipulated protective order?
MultiRegion, United States of America
In a sexual assault case, is there any case law where the complainant was found guilty of rape, oral copulation and false imprisonment?
California, United States of America
What is the current practice of a defendant seeking discovery of the past conduct of the arresting officer?
California, United States of America
What is the test for procedural due process in civil litigation?
MultiRegion, United States of America
What is the appropriate sentencing for a defendant who entered a plea to a charge of assault with intent to pervert the course of justice?
California, United States of America
Is a party who transfers his interest in an action after the action has been commenced and before judgment the proper party to appeal?
California, United States of America
What factors will be taken into account in determining mobility issues?
Ontario, Canada
Can a statement obtained without a Miranda clause be used to establish guilt in a criminal case?
California, United States of America
How have courts interpreted the doctrine of ambiguity in the context of a personal injury claim?
California, United States of America
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded?
British Columbia, Canada
What is the test for setting aside a default in a personal injury case?
California, United States of America
What is the test for determining whether a sanction is a punishment?
California, United States of America
What is the test for a court to order an injunction against an injunction that would prevent a party from conducting activities that would otherwise interfere with the activities of a third party?
California, United States of America
What is the test for establishing a conspiracy?
MultiRegion, United States of America
How has the statute of limitations been interpreted in perjury cases?
MultiRegion, United States of America
What is a duty of care for a child who is injured in a motor vehicle accident?
California, United States of America
Is discharging a firearm at an inhabited dwelling an inherently dangerous felony for purposes of the second degree felony-murder rule?
California, United States of America
Can a plaintiff amend his complaint to cure the deficiencies of the original complaint?
MultiRegion, United States of America
What is the test for abuse of discretion under the amended sentencing scheme?
California, United States of America
How is a party's financial position determined in a general election?
British Columbia, Canada
Can a city's failure to provide a written determination of completeness be interpreted as a violation of the requirement that the application is complete?
California, United States of America
What is the standard for establishing that an affidavit is falsified?
MultiRegion, United States of America
Is the Respondent's argument for inclusion of the Supplement in the equalization calculation?
Ontario, Canada
What is the test for a defense of lack of consent in a kidnapping case?
California, United States of America
If a probationer is in possession of a firearm, can the probationer be found to have no knowledge of the weapon?
California, United States of America
In what circumstances has the Court considered the adequacy of advice given by a duty counsel?
Ontario, Canada
What is the legal test for the necessity defense?
California, United States of America
What are the elements of aiding and abetting a crime?
California, United States of America
What is the current state law and federal due process for a mentally incompetent defendant?
California, United States of America
Does the BIA have to prove intent to provide support to a terrorist organization?
Canada (Federal), Canada
What is the common law view on confinement of an individual?
British Columbia, Canada
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted?
California, United States of America
What is the test for a common law claim for negligent selection of a subcontractor?
"New York", United States of America
In what circumstances will the police obtain a search warrant for a bag containing illegal drugs?
California, United States of America
Can an interpreter be replaced by a different interpreter?
California, United States of America
How have courts dealt with the issue of home ownership issues in personal injury cases?
Ontario, Canada
What is the test for exercising a pre-emptive right?
California, United States of America
Does a surety have the burden of proving the abuse of bond?
MultiRegion, United States of America
What is the test for the burden of proving each element of a criminal charge beyond a reasonable doubt?
California, United States of America
What is the test for determining causation in a motor vehicle accident case?
Ontario, Canada
Does section 1159 of the California Criminal Code allow a defendant to be found guilty of a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm?
California, United States of America
Does collateral estoppel apply where a police officer's credibility is challenged at the preliminary hearing?
MultiRegion, United States of America
How does section 1382 of the Penal Code apply?
California, United States of America
In what circumstances have courts overturned convictions for obscene content?
"New York", United States of America
Is an employee entitled to a cause of action based on section 790.03 of the Insurance Code?
California, United States of America
What is the legal basis for a sentence that is not clearly enforceable under the Criminal Code?
MultiRegion, United States of America
How have the courts treated counsel's admonitions to counsel in a jury trial?
California, United States of America
What is the test for obtaining a search warrant for photographs of a person in the street?
California, United States of America
What is the test for self-defense in a fatal assault case?
California, United States of America
What is the appropriate sentence for a defendant convicted of two counts of sexual assault against a minor?
California, United States of America
Does the forfeiture rule apply when a motion without prejudice is denied?
California, United States of America
What is the effect of section 2900.5 of the California Penal Code on a defendant's term of imprisonment?
California, United States of America
Is litigation privilege absolute or permanent?
Northwest Territories, Canada
What is the test for abuse of the abuse standard?
California, United States of America
What is the test for apportioning costs between parties pursuant to section 3 of the Negligence Act?
British Columbia, Canada
Can a defendant be sentenced to two concurrent sentences under section 654 of the California Criminal Code for a breach of public security legislation?
California, United States of America
Is a defendant entitled to credit against his sentence for his time in custody?
California, United States of America
What is the most effective right of confrontation of a witness against a defendant?
California, United States of America
Is it reasonable to argue that the work involved is difficult?
California, United States of America
Is there any case law in which a defendant who refuses to undergo a medical examination to prove his physical disability is allowed to continue to stand trial?
MultiRegion, United States of America
Does a firefighter have a cause of action against the fire service for negligence?
California, United States of America
What is the current state of the law on confrontation?
California, United States of America
What is the test for a motion to suppress a guilty plea?
MultiRegion, United States of America
Is there any case law in which a defendant's plea of guilty to a charge of sexual assault has been challenged for the first time on appeal?
MultiRegion, United States of America
What is the necessary mental element to prove that a threat uttered with the intent to intimidate or cause fear has the required mental element?
Alberta, Canada
What are the implications of a grant of easement to a tenement in a residential tenement dispute?
British Columbia, Canada
Is voluntary intoxication in a murder case admissible to negate implied malice?
California, United States of America
What is the test for corroboration in a criminal case?
California, United States of America
Can a motion for dismissal for lack of prosecution be reviewed on appeal?
MultiRegion, United States of America
Is consulting a third party attorney for professional malpractice counsel constitute a termination of a client's relationship?
California, United States of America
