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.
Can a tax court dismiss a case for failure to prosecute for abuse of power?
MultiRegion, United States of America
What is the defense of a defendant in a battery case?
California, United States of America
What is the current state of the law on the admissibility of new evidence in a judicial review?
British Columbia, Canada
What is the standard of review for a securities transaction?
Alberta, Canada
Is a decision for "reasonableness" valid?
Canada (Federal), Canada
What is the test for in camera screening of a law enforcement officer's file?
California, United States of America
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
What is the test for a police enforcement clause?
British Columbia, Canada
Does disclosure of a sentence prior to entry of the plea alter the status of the trial judge?
MultiRegion, United States of America
Can a prosecutor question a defendant about his failure to mention his alibi to the jury?
California, United States of America
Does the Attorney General need to consult other parties before making a decision to prosecute?
Canada (Federal), Canada
Is ambush a cowardly form of murder?
California, United States of America
What is the difference between a resulting trust and a constructive trust?
Ontario, Canada
What is the test for determining whether a defendant is liable for misconduct?
MultiRegion, United States of America
Does the trial court erred by closing the trial to the public during the testimony of undercover officers?
"New York", United States of America
What is the standard of review for a motion for continuance?
California, United States of America
What is the effect of section 27 of the Wills Act, 1837?
Manitoba, Canada
Is child support payable now and retroactively in the amount claimed by counsel for the applicant?
Ontario, Canada
Is it reasonable to argue that the work involved is difficult?
California, United States of America
Is a striking out without leave to amend?
Canada (Federal), Canada
What is the test for using a sniffer dog in a search?
Alberta, Canada
What constitutes prosecutorial misconduct under the Fourteenth Amendment?
California, United States of America
What is the test for a court to order reunification therapy?
Ontario, Canada
What is the legal test for dismissal of an employee who was not offered a reasonable period of notice?
Saskatchewan, Canada
What is the test for determining whether a person with intent intended to cause harm?
Nova Scotia, Canada
Does a personal manager need to be licensed to provide employment for an artist?
California, United States of America
What is the test for making a restitution order under Section 3651 of the Criminal Code?
MultiRegion, United States of America
Does a property increase in value after the date of trial support the imposition of a constructive trust?
Alberta, Canada
What is the impact of having to accept a daily or hourly rate?
Canada (Federal), Canada
What is Tahoe Sands' position on the right to recover attorney fees under a trust agreement?
California, United States of America
What is the test in determining parental involvement in determining the best interests of the child?
Saskatchewan, Canada
Does the Court's instruction of reasonable doubt in a medical malpractice case need to be changed?
MultiRegion, United States of America
Is a sentence which falls within statutory limits subject to appellate review?
MultiRegion, United States of America
What is the test for reducing first degree murder to second degree manslaughter?
California, United States of America
What is the test for determining whether a plaintiff is eligible to seek relief under the Immigration and Customs Act?
MultiRegion, United States of America
Is a caveat in issue sufficient to constitute a building scheme?
Alberta, Canada
What are the principles governing a court's decision whether to call a shareholder meeting?
Ontario, Canada
When will a court review a motion under section 1118.1?
California, United States of America
What is the test for establishing that a substantive crime and a punishment for that crime constitute a criminal offence?
California, United States of America
What is the test for "acting arbitrarily" in a family law case?
Ontario, Canada
How does the statute of limitation period apply to a motion that was brought before the date of the original petition?
California, United States of America
What is the test for the principle of search?
California, United States of America
Is a right to sterilization validly denied to a person who is incompetent?
California, United States of America
What is the common law enforceability of a marriage agreement between a husband and wife?
British Columbia, Canada
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary?
California, United States of America
How have courts dealt with the issue of workplace drug use?
California, United States of America
What is the test for granting an easement to a residential tenement?
Ontario, Canada
What is the case law on freedom of expression in the context of the Charter of Canada?
Manitoba, Canada
What is the elimination rate of alcohol in 100 millilitres of blood for each hour after drinking alcohol?
Nova Scotia, Canada
What is the standard of review of a decision of the Master?
Alberta, Canada
What are the costs of filing transcripts, appeal books and factums in an appeal?
British Columbia, Canada
What is the effect of a stay of conviction for dangerous driving causing death?
Ontario, Canada
What is the test for cross-examination under the Sixth Amendment?
California, United States of America
Is a probation officer permitted to search a defendant's electronic search device while they were in a sexual relationship?
California, United States of America
What are the consequences of a defendant not being advised of their right to confrontation, confrontation and right to remain silent?
California, United States of America
When will a motion judge decline to confirm an assessment officer’s report and certificate?
Ontario, Canada
What is the standard of review for an alleged error in fact?
Ontario, Canada
Can a Minister of Employment and Immigration be held responsible for the creation of a new federal employment policy?
Canada (Federal), Canada
What are the applicable rules and principles where an offer to settle is considered?
British Columbia, Canada
Does the statute of limitations establish a deadline after which a defendant may legitimately have peace of mind?
MultiRegion, United States of America
Can a covenant be made with respect to the demised land?
Manitoba, Canada
What is the standard of review for discretionary orders in the context of medical malpractice?
Ontario, Canada
Does a defendant waive his right to speedy trial by agreeing to the dismissal of the second case?
California, United States of America
What is the test for making an amended complaint in a personal injury case?
MultiRegion, United States of America
Does a defendant have a right to a record on appeal which includes a complete transcript of the proceedings at trial?
MultiRegion, United States of America
What is the standard of review for the enhancement of the ability to carry an assault weapon?
California, United States of America
What is the difference between warranties of fitness for purpose and merchantable quality?
British Columbia, Canada
What remedy does appellant have if he is found guilty of a charge of possession of a drug with intent to endanger life?
California, United States of America
What is the test for substituting a juror and requiring a jury to begin deliberations anew?
California, United States of America
Is a complaint that is too confusing and prolix to perform the essential functions of the complaint subject to dismissal under Rule 8?
MultiRegion, United States of America
What is the test for a judge at the Court of Appeal to determine whether or not to retry the issue of custody on appeal?
California, United States of America
What is the test for a motion for a new trial for abuse of the courts?
MultiRegion, United States of America
Is it professional misconduct to become involved in an investigation into alleged illegal activities?
British Columbia, Canada
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement?
California, United States of America
What is the range of damages awarded in a motor vehicle accident?
British Columbia, Canada
Is a defendant who fails to raise a timely objection to the finding that appellant should not testify before a jury forfeits the claim?
California, United States of America
What is the effect of pleading guilty in a criminal case?
California, United States of America
Does the use of a comma placed after the word "or" in clause 2.3.3 of the Canadian Constitution apply to distinguish between two distinct alternatives or scenarios?
British Columbia, Canada
Does the mandatory appellate provision pertaining to capital cases not serve as the predicate for a defense of prior jeopardy?
California, United States of America
In what circumstances will a company be able to recover the cost of repairing latent defects in a crane?
Alberta, Canada
Is there a minimum distance required for a jury to determine the severity of a sexual assault?
California, United States of America
What is the standard of review of the record de novo on appeal?
California, United States of America
What is the effect of Attorney General's Service of a Statement of Readiness?
"New York", United States of America
Does Section 654, subdivision (a) of the California Criminal Code bar multiple punishment for a single act that violates more than one criminal statute?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
In what circumstances will a marriage contract be set aside?
Ontario, Canada
Is a defendant competent to stand trial or enter a plea?
California, United States of America
What is the test for proving past loss against future loss?
Alberta, Canada
What is the test for admitting evidence of sexual assault in a murder trial?
"New York", United States of America
Does an impermissible rebuttal argument violate the Fifth Amendment?
MultiRegion, United States of America
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
What remedies are available to quash a ruling of this type and compel a Justice of the Peace to issue process?
Ontario, Canada
What is the appropriate amount of compensation for a plaintiff in a medical malpractice case?
British Columbia, Canada
What is the test for a jury to convict a defendant of murder?
California, United States of America
What is the applicable standard of care for maintaining the roof gutters?
British Columbia, Canada
Does a jury need to be instructed simply and directly that expert testimony is not intended and should not be used to determine whether a molestation claim is true?
California, United States of America
What is the effect of Proposition 36 on a defendant who committed a nondrug felony while awaiting trial on his drug charge?
California, United States of America
Can a prosecutor respond to a defense argument by identifying omissions in the defense case?
California, United States of America
What is the current state of the law on "interrogation" in criminal proceedings?
California, United States of America
In what circumstances will a defendant be charged with a traffic offence if he is stopped by a police officer?
California, United States of America
Is Amselem 551 the controlling authority on waiver of Charter rights?
Saskatchewan, Canada
Does a plaintiff have to provide an address to effectuate service on a Defendant?
MultiRegion, United States of America
Can a city prevent a private flying club from operating under a by-law?
British Columbia, Canada
What is the test for an abuse of time under Rule 9006?
federal, United States of America
Is a defendant liable to a plaintiff's claim that they could reasonably have avoided some part of the loss claimed?
Nova Scotia, Canada
What are the conditions precedent for an equitable set off?
Ontario, Canada
What is a seller's duty to disclose to the buyer of a property?
California, United States of America
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car?
California, United States of America
What standard of care must a surgeon meet in treating a patient?
Saskatchewan, Canada
What is the test for contributory negligence in cases involving young children?
Nova Scotia, Canada
What is the test for reasonable use of force by the police?
MultiRegion, United States of America
How to read the reasons of the adjudicator as a whole to assess whether the decision was reasonable?
British Columbia, Canada
What is the test for a jury to find a defendant guilty of manslaughter on the grounds of self-defense?
California, United States of America
Can an order of dismissal be reversed due to the failure to include the reasons for dismissal in the minutes of the trial court?
California, United States of America
Does a dangerousness determination need to be made before a hearing to determine whether a defendant's conviction is eligible for Proposition 47 resentencing?
California, United States of America
What is the test for a claimant's claim for spousal support?
British Columbia, Canada
What is the test for liability in a stairway case?
New Brunswick, Canada
What is the obligation of parties to co-operate on procedural and scheduling matters?
Ontario, Canada
What is the legal test for indemnity of costs in a family law case?
Ontario, Canada
What is the legal test for professional misconduct based on conflicts of interest?
British Columbia, Canada
Is prejudgment garnishment an extraordinary remedy?
British Columbia, Canada
Is there a fiduciary relationship between a doctor and a patient?
MultiRegion, United States of America
Does the opinion rule apply to evidence that is relevant and material?
Ontario, Canada
What are some cases dealing with security for costs?
Alberta, Canada
Does the California Superior Court have subject matter jurisdiction over an action against the California Computer Regulator?
California, United States of America
What is the test for providing particulars in a claim?
Ontario, Canada
What is the test for a jury to accept a prosecutor's misstatement of the law?
California, United States of America
What is the effect of a motor vehicle accident in which a motorcyclist was injured in a collision with another motor vehicle?
MultiRegion, United States of America
Is a one-time capital gain treated as a factor bearing on a payor's income for support purposes?
British Columbia, Canada
Is there an onus on a plaintiff/respondent who is facing a summary judgment application to provide expert evidence?
Alberta, Canada
Is a failure to instruct with CALCRIM No. 251 harmless?
California, United States of America
Can a prosecutor comment on a defendant's decision not to testify at trial?
MultiRegion, United States of America
What is the test for reviewing a trial court's exercise of discretion in admitting or excluding evidence?
California, United States of America
What is the effect of the Conveyancing Act, 1881, on a plaintiff's ability to obtain relief against forfeiture?
Saskatchewan, Canada
When will a court change custody of a child from a father to a mother?
"New York", United States of America
What is the state of the relationship between a father and son?
Ontario, Canada
What is the test for judicial review of a judgment of the Superior Court of Justice against a plaintiff who failed to state a claim?
MultiRegion, United States of America
Does the Double Jeopardy Clause apply to a defendant who has already completed his sentence?
MultiRegion, United States of America
What is the standard of care of medical doctors?
British Columbia, Canada
What is the nexus between the seizure of drugs and the search of drugs?
MultiRegion, United States of America
In a restrictive covenant, what can be said to have been the object or purpose at the time of the covenant?
British Columbia, Canada
What is the test for overturning a judgment or verdict based upon evidence that merely discloses unusual circumstances?
California, United States of America
What are the elements of a breach of fiduciary duty action?
California, United States of America
In an appeal to the 9th Circuit, how have the courts dealt with the issue of abuse of leave?
MultiRegion, United States of America
Can a prosecutor be charged with misconduct for making comments in rebuttal to a defense argument?
California, United States of America
What is the test for justifying punitive damages in a personal injury action?
Ontario, Canada
Can a defendant overturn a conviction for possession for sale and transportation of methamphetamine?
California, United States of America
What is the current state of the law in the context of Miranda warnings?
California, United States of America
What is the test for lawfully quoading a person?
Ontario, Canada
Is there only one guilty form for first degree murder?
California, United States of America
Can a judge recuse himself from making an affidavit of prejudice?
MultiRegion, United States of America
What is the legal test for a defendant to challenge his sentence under the Eighth Amendment of the United States?
California, United States of America
In what circumstances will a court set aside an improvident domestic agreement?
Ontario, Canada
Does a husband owe a duty of loyalty to his wife?
California, United States of America
What is the general rule and waiver of the right to partition?
California, United States of America
What is the test for a writ of review?
California, United States of America
What is the test for accepting some, all or none of the evidence of a witness?
British Columbia, Canada
What is the state collateral review process for a plaintiff?
MultiRegion, United States of America
Does Section 825 of the California Civil Code require that an arrestee be taken before a magistrate within 48 hours of his arrest?
California, United States of America
Can a licensed transfer agent be held liable for the theft of a trunk from a railway station platform?
Saskatchewan, Canada
Does a motion to reopen or reconsider a final order of deportation need to be consolidated with a motion seeking to reopen and reconsider?
MultiRegion, United States of America
What is the burden of identifying as an officer to a minor?
California, United States of America
Can an employer unilaterally change the way an employee is dismissed?
Ontario, Canada
What is the legal test for a person to be convicted of premeditated murder?
California, United States of America
What are the consequences of a motion to strike a crime-bail-crime enhancement?
California, United States of America
Is it a crime to accept money to conceal evidence of a crime?
California, United States of America
What is the standard of review under section 778 of the Criminal Code of Canada?
Northwest Territories, Canada
Does equitable tolling apply in the context of the statute of limitations?
California, United States of America
How have courts interpreted the issue of concurrent or superseding causation in a medical malpractice case?
California, United States of America
What is the impact of an agreement on vulnerability in bargaining power between the parties?
Alberta, Canada
Can a party be compelled to sign authorizations for the release of third party records?
British Columbia, Canada
What is the legal test for establishing a bus stop in front of a street?
California, United States of America
What is the test for an enhancement to an attempted murder charge?
California, United States of America
Does section 10851(a) of the Criminal Code apply to a person who is an accessory or an accomplice?
MultiRegion, United States of America
Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)?
MultiRegion, United States of America
In what circumstances will the court impute income for the purposes of determining child support?
New Brunswick, Canada
What is the test for duration of a search?
California, United States of America
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel?
California, United States of America
What is the standard for appellate review of a decision to dismiss charges or allegations in the furtherance of justice?
California, United States of America
What is the test for informing the jury that death must be the appropriate penalty?
California, United States of America
What is the test for ordering a second assessment of a person with learning disabilities?
Ontario, Canada
Can counsel be held liable for failing to provide the jury with relevant and inapplicable jury instructions in a motor vehicle case?
California, United States of America
What is the effect of having a minor witness accompanied on the witness during testimony?
California, United States of America
What is the standard of proof in a sexual assault case?
California, United States of America
Is there any evidence that the trial court abused its discretion by failing to instruct a jury to acquit a jury in a case of mistaken identity?
MultiRegion, United States of America
What is the test for determining whether a defendant knowingly made a false or fraudulent statement under Insurance Code section 1871.4, subdivision (a)(1), for purposes of obtaining workers' compensation benefits?
California, United States of America
What is the test for an award of attorneys' fees when an attorney withdraws for ethical reasons?
California, United States of America
What is the legal framework for a plaintiff’s past wage loss claim?
British Columbia, Canada
What is the applicable test in the context of conflicts of interest?
Ontario, Canada
Does a search warrant need to be conducted on the basis of the officer's subjective state of mind?
MultiRegion, United States of America
What is the test for ineffective counsel in a personal injury case?
California, United States of America
Can a federal or state prisoner file a habeas petition against the imposition or execution of their sentence?
MultiRegion, United States of America
What is the test for a frivolous in forma pauperis complaint?
MultiRegion, United States of America
Does section 1170 of the California Criminal Code need to be interpreted as "discretionary power" of the sentencing court?
California, United States of America
Are we able to provide an advisory opinion on the burden of proof in future litigation?
federal, United States of America
What is the test for a motion to overturn a jury verdict in a personal injury case?
California, United States of America
What is the equitable concept of a fiduciary duty?
British Columbia, Canada
What is the test for the length of delay under s. 11(b) of the Criminal Code of Canada?
Ontario, Canada
Is a person "actively participates" in any criminal street gang?
California, United States of America
In what circumstances will a federal judge order a motion to quiet title?
MultiRegion, United States of America
