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 test for ineffective assistance of counsel?
California, United States of America
What is the test for giving deference to a decision by an adjudicator in a judicial review?
British Columbia, Canada
What is the standard for review of a district court's determination that it lacks subject matter jurisdiction?
MultiRegion, United States of America
Can a juror be discharged from a jury for failing to act on a motion for cause?
California, United States of America
When will a defendant be able to appeal against a finding of insanity?
California, United States of America
What are the factors used to determine the appropriate sentence for a man convicted of a sexual assault?
MultiRegion, United States of America
Does a judge have an overriding duty to preserve the integrity and honor of the judicial system?
"New York", United States of America
Can a plaintiff sue for medical malpractice for failing to provide adequate medical care for an inmate?
MultiRegion, United States of America
What are the implications of the Court of Appeal's ruling that a claim must be processed within a certain specified time?
MultiRegion, United States of America
What is the burden of establishing that the 53rd Street business apartment is a primary residence for the tenant?
"New York", United States of America
What is the test for establishing that a defendant has a presumption of prejudice against the applicants in a motion for summary judgment?
Yukon, Canada
What is the test for intent in a criminal case?
California, United States of America
Is parol evidence admissible to vary or modify the express terms of a written contract?
Saskatchewan, Canada
What is the test for bifurcating a prior conviction allegation in a sexual assault case?
California, United States of America
Does a defendant have any right to make a claim that any due process has been forfeited?
California, United States of America
Can defendants argue on appeal that they are immune from action pursuant to section 818.2 of the Government Tort Claims Act?
California, United States of America
What is the result of a motion to have a conviction and sentence reversed?
California, United States of America
What is the test for a cause of action for emotional distress in a personal injury case?
California, United States of America
Does an employer have to engage in an "interactive" process to determine a reasonable accommodation for a disabled employee?
California, United States of America
Does the US Supreme Court have any authority to consider whether a federal district court has jurisdiction to grant relief?
MultiRegion, United States of America
Is a failure to consult application properly framed as a judicial review?
British Columbia, Canada
What is the test applied at the summary hearing of an allegation of sexual assault?
Ontario, Canada
Is severance in the interests of justice?
Ontario, Canada
Does the Attorney General have discretion to grant asylum if the alien is determined to be a refugee?
MultiRegion, United States of America
What is the test for the automobile exception to the search warrant requirement?
California, United States of America
Does the federal government have a duty to obtain evidence from the state police department?
MultiRegion, United States of America
What is the impact of the absence of key witnesses or relevant documents such as Old Supervac's amended financial statements?
Canada (Federal), Canada
Does the rule of forfeiture apply to ex post facto claims?
California, United States of America
What are the elements of the crime of robbery complete without regard to the value of the stolen property?
California, United States of America
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements?
California, United States of America
In what circumstances will a court award damages for fraud and breach of contract in the same judgment?
California, United States of America
What is the test for “knowingly participating” in a real estate transaction?
Ontario, Canada
What is the test for indemnifying a successful litigant for their costs?
Ontario, Canada
Can opinion evidence be admitted in a certification application?
British Columbia, Canada
Does a federal court have an obligation to resolve a jurisdictional issue that the parties have declined to address?
MultiRegion, United States of America
Is equitable set-off available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment?
Saskatchewan, Canada
Is an occupier if in physical possession of the land?
Ontario, Canada
When will a jury consider whether a compromise was entered into in a civil case?
MultiRegion, United States of America
What is the test for a motion alleging a backward-looking denial of access to court by the Department of Justice?
MultiRegion, United States of America
What is the test for corroboration of information provided by the police in the totality of the circumstances analysis?
California, United States of America
What factors influence an award of non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
Does the court have the authority to make coercive appointments of counsel in a civil case?
MultiRegion, United States of America
Does the majority opinion in the Supreme Court of Canada say that a trial court lacks subject matter jurisdiction pending an appeal?
California, United States of America
What is the test for establishing an attempted murder?
California, United States of America
What is the test for admitting evidence about sexual conduct of a sex crime victim?
California, United States of America
Is there any difference between a reasonable but good faith belief in the need to act in self-defense and a voluntary manslaughter?
California, United States of America
What is the burden of establishing a gift with a fair preponderance of the evidence?
"New York", United States of America
What is the result of a motion for summary judgment on a custody and/or access variation application?
Ontario, Canada
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply?
California, United States of America
Does the Swann rule apply to forgery arising out of credit card transactions?
California, United States of America
What is the standard of conduct of an attorney who makes personal attacks on the character or motives of the opposing party, counsel or witnesses?
California, United States of America
What is the test for a claim of ineffective counsel in a civil case?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Is a firefighter or police officer liable for injuries sustained by a fleeing suspect in a motor vehicle accident?
California, United States of America
What is the test for adverse possession of a property?
California, United States of America
What is the test for determining the competency of a witness in a civil case?
MultiRegion, United States of America
What is the difference between a conviction for assault with a deadly weapon and a concurrent sentence for burglary?
California, United States of America
What is the difference between vandalism and theft?
California, United States of America
What is the test for admissible animations in medical malpractice cases?
California, United States of America
Is there any error in granting a motion for a new trial when the trial judge dies before hearing the motion?
California, United States of America
What is the test for an application to appeal on a motion of habeas?
MultiRegion, United States of America
What is the probative value of the clips shown to the jury in a child pornography case?
MultiRegion, United States of America
What is the test for loss of future income earning capacity in a motor vehicle accident?
British Columbia, Canada
What is the basis for a no contest plea in a sexual assault case?
California, United States of America
What is the proper procedure to appeal or petition for writ of mandamus against an order to reduce a defendant's sentence?
MultiRegion, United States of America
What authority exists for the proposition that once the trial court has ruled that a prima facie case has been made and that the burden has shifted to the prosecution?
California, United States of America
What is the test for determining the severity of a person's sentence?
California, United States of America
Is it instructional error to instruct a jury in a trial trial on a defense that is not relevant to the facts of the case?
California, United States of America
What is the test for a defendant's right of self-defense?
California, United States of America
What is the test for overturning a judgment in a victim restitution case?
California, United States of America
Does section 654 of the California Criminal Code require a defendant to be convicted of a single crime committed by a single criminal objective?
California, United States of America
What is the test for a court to order a temporary order or custody order in a custody matter?
Ontario, Canada
Does the court have to admit evidence that a defendant showed a witness a second gun that could not be linked to the murder weapon?
California, United States of America
How have courts considered mootness in determining whether a claim is mooted?
British Columbia, Canada
What authority does an assessing officer have?
British Columbia, Canada
What is the test for a court to determine whether a prison manager acted in an "emergency" situation?
MultiRegion, United States of America
Can a reviewing court interpret the legislative provisions in the same way as an administrator?
Canada (Federal), Canada
What is the test for multiple punishment under section 654 of the Ontario Criminal Code?
California, United States of America
What constitutes criminal activity to be considered under factor (b) in a civil case?
California, United States of America
In a motion for judgment in a personal injury case, how have exhibits been considered in evidence?
California, United States of America
What is the test for a claim for the division of family assets?
British Columbia, Canada
What are some examples of the difficulty of jumping from supervised access to the return of a child to the parent?
Ontario, Canada
What is the test for admitting evidence relating to the violation of a pre-trial release order and subsequent re-arrest?
MultiRegion, United States of America
What is the test for an order for costs in a personal injury case?
Saskatchewan, Canada
What is the test for limiting recovery of damages by bystanders in a motor vehicle accident?
California, United States of America
Does the service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66 constitute "special circumstances" sufficient to require special costs?
British Columbia, Canada
What is the test for establishing an easement to allow access to an area of land where there is a long-term use of the land?
California, United States of America
Is the taking of a fingerprint an invasion of the right of a person in custody?
Canada (Federal), Canada
Does the private attorney general theory apply to an action to enforce provisions of CEQA?
California, United States of America
Does the Court have to take the testimony of Petitioners as true?
MultiRegion, United States of America
What is the test for a defendant to challenge his conviction for assault with a deadly weapon?
California, United States of America
What is the test for granting probation in a criminal case?
California, United States of America
Can an employee claim a tax deduction for business expenses?
MultiRegion, United States of America
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion?
California, United States of America
What is the test for establishing prejudice in a motion?
California, United States of America
Does the doctrine supporting finality of court decisions apply equally to decisions made by administrative officers or tribunals?
Manitoba, Canada
What are some of the most recent decisions in the history of human rights cases?
California, United States of America
What is the test for admitting a hearsay statement?
British Columbia, Canada
What is the test for "creditors' rights preemption"?
MultiRegion, United States of America
What is the effect of a reduction in the amount of exhibits in a personal injury case?
California, United States of America
In what circumstances will a defendant be allowed to cross-examine the main prosecution witness at trial?
California, United States of America
How has the Court considered the cumulative effect of errors in a jury trial?
California, United States of America
What is the test for determining whether a plaintiff has been found to have suffered from multiple sclerosis?
MultiRegion, United States of America
Can a quadriplegic receive future care for a personal injury?
British Columbia, Canada
What is the test for a defendant to be held liable for the unlawful killing of a pedestrian by a police officer?
California, United States of America
What is the test for determining whether a court has found that an inmate was not entitled to exercise outdoors because of security concerns?
MultiRegion, United States of America
How have courts interpreted statutory references to the Penal Code?
California, United States of America
What are the implications of an offer to settle in a case involving multiple issues?
British Columbia, Canada
What is the burden of proving that a prosecutor's failure to disclose the contents of a cell phone call was prejudicial to a defendant?
California, United States of America
Is a federal district court's interpretation of a statute subject to de novo review?
MultiRegion, United States of America
Is a mortgagor liable for the failure of a life tenant to pay taxes?
MultiRegion, United States of America
Does a presumption of a proprietary resulting trust apply in questions of joint tenants?
Ontario, Canada
Can a defendant be held criminally responsible as an accomplice?
California, United States of America
What is solicitor-client privilege and what is its effect on the disclosure of confidential information?
British Columbia, Canada
What is the effect of strict conditions of bail on the liberty of an accused?
Ontario, Canada
Is the petitioner a mortgagee in possession during the period between October 13, 1995 and July 2, 1996?
British Columbia, Canada
What is the changed-circumstance rule?
California, United States of America
What is the test for actionable negligence in a motor vehicle accident?
California, United States of America
Can a grant of the right of way be interpreted in favour of the grantor?
California, United States of America
Can a failure to testify at a suppression hearing be considered adverse?
MultiRegion, United States of America
Does a washing machine's noise not prove that it is faulty?
British Columbia, Canada
What is the final element of the crime of third degree burglary?
"New York", United States of America
What is the test for filing a second amended complaint?
MultiRegion, United States of America
What is the test for finding that the children's habitual residence was in Buffalo?
Ontario, Canada
What is the substantive question of onus on the applicant in a summary judgment action?
Alberta, Canada
What are the findings of the Court of Appeal's review of the conduct of appellant's attorney?
California, United States of America
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim?
MultiRegion, United States of America
What is the effect of section 61(1) of the Bankruptcy and Insolvency Act, s. 61(2) of which a bank can call for endorsement of its notes?
British Columbia, Canada
Can police officers obtain a warrant for the arrest of Paul Shuey?
California, United States of America
Is a defendant's in-custody statements that he used abusive and threatening language to a witness during a period of time in custody admissible?
California, United States of America
What is the current state of the law in relation to the publication of a manual of a beneficiary's social security claim?
MultiRegion, United States of America
Is there any case law where a defendant has been ordered to do both a good deed and a bad deed?
MultiRegion, United States of America
What is the test for determining whether a student has failed to meet the academic requirements of a school?
California, United States of America
What is the test for a non-custodial parent to have unfettered access to their children?
Ontario, Canada
What is the test for establishing negligence in a medical malpractice case?
California, United States of America
Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive?
California, United States of America
Is child support payable upon the date of May 28, 2017, regardless of what led to the incident?
British Columbia, Canada
How have the courts interpreted the findings of the trial judge in the context of sexual assault cases?
Saskatchewan, Canada
What is the reasonableness standard for an administrative tribunal's interpretation of a statute by its own statute?
Nova Scotia, Canada
In a sexual assault case, in what circumstances will the victim survive but be left for dead?
Nova Scotia, Canada
Can a pauper hire himself for a year at £5 wages?
Saskatchewan, Canada
Can an employer proceed with a civil action against an employee?
Manitoba, Canada
Does a constructive amendment apply to a counterfeit bond charge?
MultiRegion, United States of America
What is the impact of youth on sentencing for dangerous driving offences?
Newfoundland and Labrador, Canada
How has the Attorney General argued that defendant forfeited a challenge to fees imposed under section 1202.4, 1465.8 and Government Code section 70373?
California, United States of America
Can a former witness be used as evidence in a criminal case?
California, United States of America
Is a jury required to agree that neither party bears the burden of proof?
California, United States of America
What is the test for determining who has administrative priority in a Bankruptcy Court case where a plaintiff is seeking to claim unpaid wages for services provided after the commencement of the case?
MultiRegion, United States of America
In what circumstances will the court allow the petitioner to stay in the family home until the children leave high school?
Saskatchewan, Canada
What is the test for ineffective assistance of counsel in a deportation proceeding?
MultiRegion, United States of America
What is the appropriate timing of admissibility objections?
British Columbia, Canada
What is the current state or federal or state law on warrantless vehicle searches for identification?
California, United States of America
What is the importance of a properly sworn report being before the Superintendent of Motor Vehicles?
British Columbia, Canada
How have CCRA employees and the CCRA appeal process been handled in the context of an arm's length working relationship?
Canada (Federal), Canada
How have the courts dealt with the issue of child protection issues?
California, United States of America
Does a request to request that an attorney represent an indigent civil litigant be considered a request by the court?
MultiRegion, United States of America
Does Michaels have to make collateral review claims of a Fourth Amendment violation?
MultiRegion, United States of America
How has the US Supreme Court dealt with the issue of "arbitrary, fundamentally unfair" jury trials?
California, United States of America
Does a finding that jury instructions do not violate state law in a civil case have to be accorded deference?
MultiRegion, United States of America
What is the quantum of a Support Mate awarded under the SSAG Guidelines?
Ontario, Canada
What are the requirements for a plaintiff to succeed in their claim against Skype?
California, United States of America
What is the test for appeal costs in a personal injury matter?
Ontario, Canada
What are the limitations on the right to petition the government?
MultiRegion, United States of America
Is a plaintiff entitled to a cause of action for civil relief when they allege that they were discharged because they designated an attorney to represent them?
California, United States of America
Is there any case law or case law that would have changed the disposition of a motion against defendant in the Superior Court?
California, United States of America
What rights do you have in a civil proceeding?
MultiRegion, United States of America
Can a defendant force a plaintiff to disgorge the benefit received in exchange for improvements to a farm?
Nova Scotia, Canada
Is a motorcyclist's accident a motor vehicle accident?
"New York", United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a police officer stop a motorist he suspects of violating the Vehicle Code for the purpose of issuing a citation?
California, United States of America
Does the introduction of a psychological evaluation ordered under a statute governing involuntary hospitalization constitute a Fifth Amendment violation?
California, United States of America
What are the principles to apply on an interim motion for a contact order where the moving party's status as a parent is in issue?
Ontario, Canada
How does a motion to dismiss for failure to state a claim test the legal sufficiency of the complaint?
MultiRegion, United States of America
What is the test for a jury to determine whether a window screen provides some protection against unauthorized entry?
California, United States of America
What is the test for instructing a jury on statutory elements?
MultiRegion, United States of America
Does the Attorney General have any grounds to impeach a defendant for misconduct by asking him a question about assault with a firearm?
California, United States of America
Can a defence expert be excluded from evidence at trial?
British Columbia, Canada
What is the burden of proving that there is prejudice necessary for a reversible error under state law?
California, United States of America
What is the test for making an equal protection argument?
California, United States of America
What is the effect of misstating the law about felony murder in a confession?
California, United States of America
How have federal courts treated a habeas corpus petition drafted by a lawyer for personal use?
MultiRegion, United States of America
What is the effect of fleeing the scene of crime when confronted by the police?
California, United States of America
What is the test for reversal of a verdict in a personal injury case?
California, United States of America
In what circumstances will a jury presume defendant was aware of the risk of a motor vehicle accident prior to the accident?
California, United States of America
Does a criminal restitution fine survive a rational basis review?
California, United States of America
Is there any case law where a juror has two nephews who have been convicted of criminal offences?
California, United States of America
How have the courts interpreted the doctrine of waiver in the context of a defendant's failure to object to conditions of probation?
California, United States of America
What are the principles applicable to the dismissal of a dishonest employee for cause?
British Columbia, Canada
What is the statute of limitation for an amended tax return?
MultiRegion, United States of America
What are the implications of the imposition of fines and fees on an indigent defendant?
California, United States of America
Is it error to tell the jury that a defendant's confession was voluntary?
California, United States of America
Does the Attorney General have to issue a certificate of probable cause in an insanity proceeding?
California, United States of America
Does a contract between the parties constitute a juristic reason?
Alberta, Canada
What is the burden of proving that defendant is responsible for causing a plaintiff's injuries?
"New York", United States of America
What is the test for determining whether an insurance policy's terms are ambiguous or uncertain?
California, United States of America
Does a tortfeasor have to pay out of pocket damages to a plaintiff based on uncertainties in the calculation of damages?
Ontario, Canada
What are the implications of a plea bargain between a defendant and a prosecutor?
California, United States of America
Does a judge have to set out the grounds for departure from the SSAG?
British Columbia, Canada
What is the test for abuse of discretion in a motion to dismiss an indictment on double jeopardy grounds?
MultiRegion, United States of America
How have the courts interpreted the meaning of Section 40 of the US Civil Code in relation to the use of the word "threat" as a defence witness?
California, United States of America
