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 ineffective counsel on appeal?
California, United States of America
What weight does a person granted care and control subject to supervision have to throw around at a status review?
Ontario, Canada
How have courts dealt with the statute of limitations argument in this case?
California, United States of America
What is the standard of disclosure required by a surgeon to obtain consent from a patient?
Ontario, Canada
What is the standard of care of a home inspector?
Alberta, Canada
What is the test for finding responsibility for a negligent misrepresentation?
Ontario, Canada
What is the testator required to establish a testamentary capacity in a will?
British Columbia, Canada
In what circumstances will a court interpret a will?
Ontario, Canada
What is the test for a motion to dismiss a criminal charge of false imprisonment under the Fifth Amendment?
MultiRegion, United States of America
What was the scope of College investigators’s investigative powers?
Ontario, Canada
Is a statement by a witness that is inconsistent with their testimony admissible to establish the truth of the matter?
California, United States of America
What is the test for res judicata?
British Columbia, Canada
Does the Lawyer’s claim that the Law Enforcement Solicitor was acting in bad faith?
Ontario, Canada
What standard of review applies to a federal finding of federal error?
California, United States of America
Is defendant's claim of prejudice in his motion to dismiss the charge that he would have refused to plead guilty and insisted upon going to trial if he had been properly advised of the consequences of his plea?
"New York", United States of America
Does a general rule releasing a surety if the promisee does not proceed first against the principal?
MultiRegion, United States of America
Is a defendant's right to retain his own counsel an absolute right?
California, United States of America
Can a change of plea agreement affect the sentence of a defendant who changed his plea in exchange for dismissal of additional charges?
California, United States of America
Is there any case law supporting the enhancement of a criminal offence where the crime was committed for the benefit of, at direction or at direction of a gang?
California, United States of America
What is the test for obtaining a restraining order under the California Domestic Violence Act?
California, United States of America
Can police search and seizure under the clothing of a minor who is on juvenile probation for possession of marijuana?
California, United States of America
Is a defendant allowed to withdraw his plea after a motion to suppress was denied?
California, United States of America
Is there any case law where a motion for appointment of counsel was denied?
MultiRegion, United States of America
What is the role of medical experts in assessing standard of care?
Prince Edward Island, Canada
What is the test for an application to obtain leave from a judge?
Ontario, Canada
What is the burden of meeting the first segment of the two-part test for freedom of religion?
Ontario, Canada
What is the difference between termination of employment because of misconduct or because of a disability?
MultiRegion, United States of America
What is the test for accommodation to the point of undue hardship for an employee who has been diagnosed with multiple sclerosis?
British Columbia, Canada
Does litigation privilege end when the litigation ends?
Ontario, Canada
Does the majority of the Court of Appeal have any authority or authority over the rule of appeal?
MultiRegion, United States of America
What is the "taking element" of a larceny claim?
"New York", United States of America
Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse?
British Columbia, Canada
What expert evidence is required in a medical negligence case?
Ontario, Canada
What is the test for calculating punitive damages in a motor vehicle accident?
MultiRegion, United States of America
What is the test for an application for relief from default under section 473 of the Code of Civil Procedure?
California, United States of America
What is the test for proof of innocence in a medical malpractice case arising out of a criminal proceeding?
California, United States of America
What is the effect of a finding that a party is under disability?
Ontario, Canada
Does the extent of evidence against a suspect do not necessarily render a confession involuntary?
MultiRegion, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
Can an attorney refuse to disclose the identity of a client in a civil proceeding?
California, United States of America
Is there a "reasonable likelihood" that a jury misunderstood or misapplied the instructions?
California, United States of America
Does recreational use immunity apply to a homeowner who rents a home with a maintained swimming pool?
California, United States of America
What is the test for determining whether there is a risk of harm to the public in a motor vehicle accident?
California, United States of America
How has the federal old age insurance program been structured in the past?
MultiRegion, United States of America
What is the law on setting aside a registrar’s dismissal order?
Ontario, Canada
What is the test for remand when a trial court is unaware that it has the power to reduce a defendant's sentence?
California, United States of America
Does the court have a sua sponte duty to instruct on accomplice liability for felony murder?
California, United States of America
Is there any case law in which a defendant has complained of an instruction informing the jury it may reject the testimony of a witness who testified falsely?
California, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
Is res ipsa loquitur a separate component of the law in negligence actions?
Ontario, Canada
How have the challenged provisions of the Fourth Amendment been interpreted in the context of a search warrant application?
MultiRegion, United States of America
Does a sentencing judge have to preside over the trial or sentencing?
MultiRegion, United States of America
Can a police officer search a car with a flashlight?
Saskatchewan, Canada
What is the test for a stay of a custody order?
Newfoundland and Labrador, Canada
Is sufficient "constitutional facts" sufficient to establish Charter violations?
New Brunswick, Canada
Is there an inherent imbalance in bargaining power between an employer and an employee?
Ontario, Canada
What is the burden of producing an actual arrest warrant?
California, United States of America
What is the test for an appellate court to accept a factfinder's conclusions that the factfinder might have drawn from circumstantial evidence?
California, United States of America
What is the consequence of the District Court's failure to explain by analogy the degree of upward departure from the Criminal Guidelines?
MultiRegion, United States of America
Does section 210.5 of the California Civil Code of Civil Procedure apply to a person who has been denied access to a medical malpractice clinic?
California, United States of America
How much is a court likely to award in a personal injury action?
Ontario, Canada
How to cross-examine witnesses?
California, United States of America
What is the probationary period for a substitute teacher?
"New York", United States of America
What is the burden of a jury in a murder trial of a man accused of a series of crimes against the same person?
California, United States of America
How have courts dealt with a charge of forcible rape?
California, United States of America
What is the legal test for dismissal of a complaint for failure to state a claim?
MultiRegion, United States of America
Is a donor's understanding as to a transfer to a fiduciary considered as high as that required for a will?
British Columbia, Canada
What rights does a prisoner have to prepare his defense at a disciplinary hearing?
MultiRegion, United States of America
What is the effect of obtaining information obtained under Section 377 of the Criminal Code?
MultiRegion, United States of America
Can the wife and children of a customer who died as a result of injuries sustained in a barroom brawl maintain a wrongful death action against the owners of the tavern for furnishing intoxicating liquor to the decedent?
California, United States of America
What is the test for due process in civil law?
California, United States of America
Is there any evidence that a claimant was still working for her employer during the period for which she claimed disability benefits?
Canada (Federal), Canada
What is the test for admitting rebuttal evidence in a criminal case?
California, United States of America
In what circumstances will the Attorney General request a motion to quash or modify a subpoena issued before the date of the subpoena?
California, United States of America
Does the state impound statute allow a police officer to search a vehicle after a traffic stop where the vehicle is impounded on a public highway?
California, United States of America
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion?
California, United States of America
What is the difference between being a gang member in possession of a firearm and being a criminal street gang participant?
California, United States of America
What is the difference between a negligence action and a dog attack?
Nova Scotia, Canada
In what circumstances will the court award a substantial irrevocable trust for the benefit of the children under s. 15.1 of the Divorce Act?
Alberta, Canada
If an inmate fails to exhaust his claim before asserting them in a lawsuit, can the court dismiss those claims without prejudice?
MultiRegion, United States of America
Does a defendant have a due process right not to stand trial if he is found competent?
California, United States of America
What is the legal framework used to support a plaintiff in a personal injury claim?
British Columbia, Canada
How have courts interpreted the term "provocation" in the context of second degree murder?
California, United States of America
Does a search warrant need to be conducted "contemporaneously" with the arrest of a defendant?
"New York", United States of America
What is the current state of the law on the exclusion of secret recordings of a mother and her children as evidence in a sexual assault case?
British Columbia, Canada
Does section 24(e) of the California Securities Act need to be amended or amended?
California, United States of America
What is the test for establishing probable cause under a search warrant?
MultiRegion, United States of America
What is a "disabled" for purposes of entitlement to disability benefits?
MultiRegion, United States of America
What is the current state of the law for self-represented litigants in civil litigation?
California, United States of America
Does a defendant have the malice to murder element required for the assault and assault charges?
California, United States of America
What is the test for a murder conviction?
California, United States of America
What are the elements of a breach of fiduciary duty?
California, United States of America
In what circumstances have the police stopped and questioned a group of teenage boys?
"New York", United States of America
What is the test for determining whether a sentence imposed by a federal district court is too lenient?
MultiRegion, United States of America
Is an estate trustee entitled to full indemnity for all costs incurred on behalf of the estate?
Ontario, Canada
What is the effect of a defendant's failure to object to the instructions of the jury in their closing argument?
California, United States of America
Is a condominium unit owner liable for the cost of repair costs incurred by the condominium corporation as a result of poor maintenance of the fixtures in the unit?
Ontario, Canada
In what circumstances will a defendant respond to an allegation of sexual assault?
California, United States of America
What is the test for malicious prosecution of a civil proceeding?
California, United States of America
What is the relevant relevance and effect factor for admitting expert evidence at trial?
British Columbia, Canada
What is the general rule of law in Nigeria?
Saskatchewan, Canada
Can a motion in limine be used to exclude evidence at trial?
California, United States of America
Is there any case law where a party has relied upon the advice of counsel as a defense in a claim of privilege?
MultiRegion, United States of America
What is the consequence of the Court of Appeal finding that a defendant had a motive or had a plan to kill?
California, United States of America
If an affidavit in support of a motion to vacate contains hearsay, legal conclusions or other objectionable contents, does the affidavit become competent evidence?
California, United States of America
What is the test for a personal injury policy?
California, United States of America
What is the test for a motion for detention of a person charged with "any felony that involves the possession of a firearm"?
MultiRegion, United States of America
Does a plaintiff have to prove that treatment for chronic pain is rehabilitative?
British Columbia, Canada
Is a defendant entitled to one-for-one custody credits under section 2933 of the California Criminal Code?
California, United States of America
Is a search warrant valid for the seizure of currency and a starter pistol?
MultiRegion, United States of America
What is the legal test for error in judgment?
Ontario, Canada
What is the test for reasonable suspicion?
California, United States of America
What is the test for divorce when a spouse is found guilty of a condoned matrimonial offence?
Saskatchewan, Canada
Does the court have a sua sponte duty to instruct on involuntary manslaughter?
California, United States of America
Can a defendant be convicted of only one count under section 654 of the California Criminal Code for threatening to kill?
California, United States of America
What is the effect of a waiver of the right to appeal in a criminal case?
California, United States of America
What is the legal test for misconduct in a solicitor?
Ontario, Canada
What is tax increment financing and how does it work?
California, United States of America
What is the current state of the law on tribal activities outside the reservation?
MultiRegion, United States of America
Is aiding and abetting a specific intent crime?
California, United States of America
What is the test for obtaining a security order on an appeal?
British Columbia, Canada
Is a plea of not guilty in a trial to the bench a functional equivalent of a motion for acquittal in a jury trial?
MultiRegion, United States of America
Are ERISA claims barred by the statute of limitations?
MultiRegion, United States of America
What is the patent unreasonableness standard in the interpretation of a collective agreement?
Saskatchewan, Canada
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent?
Ontario, Canada
Does a federal court error in sentencing a convicted felon in possession constitute a crime of violence?
MultiRegion, United States of America
What is the effect of a reduction of a criminal charge to a Class A misdemeanor under section 667.5, subdivision (b) of the Penal Code?
California, United States of America
What is the determinative term for premeditated murder and firearm enhancement resulting in death?
California, United States of America
Is a unanimous jury required in criminal cases?
California, United States of America
What is the appropriate way to divide the amount of child support payments between the father and the mother?
British Columbia, Canada
What is the test for flagrant misconduct by police in this case?
California, United States of America
Does a plaintiff have a right to set off at the time of adjudication?
MultiRegion, United States of America
What is the tort of misfeasance in public office?
Ontario, Canada
Can a debtor waive his right to notice post default?
California, United States of America
What is the test for a judge to consider a motion for summary judgment in a personal injury case?
Ontario, Canada
Does the language in Section 288, subdivision (b) of the California Criminal Code, which refers to force, need to be interpreted as "force"?
California, United States of America
How has the court dealt with dilatory practices in the context of Rule 42(c)?
MultiRegion, United States of America
Can an opinion be used as an instruction to a jury?
California, United States of America
Can a defense counsel's performance be considered deficient if there is no error to object to?
California, United States of America
Is a claim at bar embarrassing because of its disjointed nature?
British Columbia, Canada
What is the impact of race on a child's cultural identity?
Ontario, Canada
In what circumstances will a court order occupational rent on behalf of a non-occupying spouse who is unable to access equity in the family home?
British Columbia, Canada
Does the Court have to consider the inconsistency in the jury's verdict at the trial of appellant in his bribery case?
MultiRegion, United States of America
Does the standard of review change when an administrative agency disagrees with the findings of a hearing officer?
MultiRegion, United States of America
What is the test for probable cause in a sexual assault case?
California, United States of America
What is the test for determining attorney fees?
California, United States of America
Is a public official required to provide a defense in a criminal case?
California, United States of America
What are the consequences of a breach of contract where a plaintiff is entitled to a third party's "aggravated damages"?
Ontario, Canada
Can a claim be struck under Rule 9-5(1)(d)?
British Columbia, Canada
In what circumstances will a police officer be found guilty of purpose-to-harm for failing to correct the wrong person?
California, United States of America
What is the proper test to determine insufficient evidence in a criminal case?
California, United States of America
What is the standard for appellate review of custody and visitation orders?
California, United States of America
What is the test for shared parenting?
Nova Scotia, Canada
What is the test for an independent review of a court's interpretation of the instruments creating an easement where the evidence is not disputed?
California, United States of America
What is the test for attaching liability to a bar?
Ontario, Canada
Can an attorney's fees contract stipulate that the attorney is entitled to a percentage of interest on a client's refund?
California, United States of America
What is the burden on a complainant to establish their case under s. 27(1)(c)?
British Columbia, Canada
What is the test for express malice in a murder case?
California, United States of America
Is there any reason to deny Mathieu's motion for a new trial on the basis of prosecutorial misconduct?
MultiRegion, United States of America
Does the fact that counsel for the successful plaintiff was retained on a contingency fee agreement have any bearing on whether ordinary costs produce a just indemnity?
British Columbia, Canada
How have the courts treated an objection to an order of arrest for an illegal immigrant held upon a warrant of deportation?
MultiRegion, United States of America
What is the scope of an expert’s request?
Ontario, Canada
How have courts interpreted the implied misrepresentation that "we'll take care of it" in reference to trespassing vehicles?
California, United States of America
Is a witness entitled to be impeached because of his past misconduct?
California, United States of America
What are the factors used to determine whether or not to disclose an undertaking?
Alberta, Canada
What constitutes a radical defect in a plaintiff's cause of action?
Ontario, Canada
Can a defendant plead guilty to premeditated murder in order to prove that another defendant committed murder rather than manslaughter?
California, United States of America
What is the test for obtaining a copy of a physician’s records?
British Columbia, Canada
What is the effect of having to be argued in the Court of Appeal on an animal welfare case?
British Columbia, Canada
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights?
MultiRegion, United States of America
Does the absence of an invitation or licence or licence to enter the cemetery by climbing the fence of a private cemetery for a male plaintiff cause the male plaintiff injury?
Manitoba, Canada
Does attorney-client privilege apply to communications between lawyers and their clients?
MultiRegion, United States of America
What is the reasonable reliance defense when applying to section 476a (passing worthless checks)?
California, United States of America
In what circumstances have courts found no good cause for delay in determining whether there was good cause to delay in making a claim for damages?
California, United States of America
What is the test for determining the credibility of a prosecutor in a criminal case?
California, United States of America
What is the test for "unbelievable" testimony?
California, United States of America
What is the test for certifying a witness as an expert?
California, United States of America
Under what circumstances will a police officer enter a house in search of a firearm?
MultiRegion, United States of America
What is the defense of laches?
MultiRegion, United States of America
Is a unit of an enterprise a separate entity?
Canada (Federal), Canada
What is the definition of a matrimonial home?
Ontario, Canada
What is relevant evidence in a personal injury action?
California, United States of America
What is the federal cause of action and damages for constitutional violations by federal actors?
MultiRegion, United States of America
What is the legal test for a judge's decision on a leave application?
British Columbia, Canada
What is the test for a plaintiff to plead a violation of a constitutional right in a civil case?
MultiRegion, United States of America
What is the test for making a showing for discovery of records of complaints against police officers?
California, United States of America
What is the effect of the Court of Appeal’s analysis of the case law in the context of criminal law in England and Wales?
Alberta, Canada
What is the test for "relevant evidence" in a criminal case?
California, United States of America
What is the standard of care required for a plaintiff to sue a supermarket?
British Columbia, Canada
Can a jury infer guilt from possession of recently stolen property?
California, United States of America
What is the difference between short-term and long-term duration of a plaintiff's application for a stay of stay under the eighth amendment?
MultiRegion, United States of America
What is the test for a writ of habeas corpus?
California, United States of America
Can a defendant be held responsible for a plaintiff’s harm simply because the harms followed them in time?
British Columbia, Canada
What are the limits on the right of a plaintiff or defendant in a personal injury action?
California, United States of America
What evidence supports the finding that appellant had the right to control the gun that was found in the case?
California, United States of America
How is apportionment of responsibility between a tortfeasor and a plaintiff found contributory negligent?
Saskatchewan, Canada
Is possession of a firearm by a felon a third strike sentence?
California, United States of America
What is the test for independent review of a judgment or order?
California, United States of America
Is there a net run against a party out of possession?
New Brunswick, Canada
Does the use of a taser on a person who has been Tasered cause death?
MultiRegion, United States of America
