Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
Is there an estoppel to compel a union to continue to enforce the time limits in the grievance procedure?
British Columbia, Canada
What is the test for a defendant to request a new attorney in a civil case?
California, United States of America
What is the seriousness of the gatekeeper function in medical malpractice cases?
Ontario, Canada
Can a defendant appeal against his conviction for aggravated assault on an assault charge in the Superior Court of Appeal?
California, United States of America
What is the test for premeditation and deliberation for a jury to convict appellant of attempted murder?
California, United States of America
In what circumstances will a court remand a class action under the CAFA?
MultiRegion, United States of America
What is the impact of bad faith in determining costs in a personal injury action?
Ontario, Canada
In what circumstances will a banknote be made out as a note of the bank, but not the bank's name?
Saskatchewan, Canada
What is the test for deliberate indifference in prison medical care?
MultiRegion, United States of America
What is the test for "engaged" employment?
British Columbia, Canada
What is the test for corroboration of testimony by an accomplice in a sexual assault case?
California, United States of America
What is the legal test for determining whether a landlord is liable for a nuisance caused by a tenant's dog?
California, United States of America
What is the test for voluntary manslaughter based on imperfect self-defense?
California, United States of America
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime?
California, United States of America
When will a judge grant a motion to strike evidence in a bench trial?
MultiRegion, United States of America
How do we review plea agreements?
MultiRegion, United States of America
What is the test for determining the fairness and reasonablableness of a settlement?
British Columbia, Canada
What is the test for cross-examination of a witness in a civil case?
Canada (Federal), Canada
Can a motion to strike proceed before a contempt motion is decided?
Ontario, Canada
Can a defendant be "armed" simply by having a firearm available for use?
California, United States of America
What is the difference between a class action and a representative action?
Alberta, Canada
Can a probation order that a defendant stay off welfare by getting and keeping a job as a condition of probation be enforceable?
California, United States of America
What is the burden of producing a statement by a party?
British Columbia, Canada
Does a motion to suppress need to be submitted to the superior court?
California, United States of America
In what circumstances have special costs been denied?
British Columbia, Canada
What is the effect of overstated criminal charges on the amount of bail granted to a defendant?
MultiRegion, United States of America
When will the Court of Appeal review the evidence to support a conviction for sexual assault?
California, United States of America
Does the failure to bifurcate the trial on the gang enhancements to a single charge constitute a due process violation?
MultiRegion, United States of America
What is the test for applying the statute of limitations to undisputed facts?
California, United States of America
What is the test for establishing that a claim is not a challenge to the legality of the award?
California, United States of America
What is the general rule that all claims against the estate of a decedent arising upon contract must be filed within the time prescribed in the published notice to creditors?
California, United States of America
How has the federal district judge interpreted his own order in this case?
MultiRegion, United States of America
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense?
California, United States of America
What is the test for determining whether a plaintiff was injured as a result of negligence?
British Columbia, Canada
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action?
British Columbia, Canada
What is the legal test for aiding and abetting?
California, United States of America
Does a person aid and abets the commission of a crime?
California, United States of America
What is the effect of a jury finding that the jury disregarded instructions from the court?
California, United States of America
Is a plaintiff entitled to the same amount of damages as a defendant?
California, United States of America
What is the standard of medical evidence in a personal injury case?
Ontario, Canada
What is the test for making an out-of-court testimonial statement?
California, United States of America
Does the Commissioner of Banks have complied with all provisions of the Statutory Power to liquidate a bank?
"New York", United States of America
What is the test for discovering a claim under the Limitations Act?
Ontario, Canada
What are the circumstances surrounding a motion to reduce the possession of methamphetamine to a misdemeanor pursuant to section 17, subdivision (b) of the California Criminal Code?
California, United States of America
What is the test for bad faith by the police to preserve potentially useful evidence?
California, United States of America
What is the test for a motion to grant judgment on pleadings under Rule 12(c)?
MultiRegion, United States of America
Does a finding of bad faith need to be considered?
California, United States of America
What is the test for compound interest in a personal injury case?
Ontario, Canada
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial?
MultiRegion, United States of America
What is the test for obtaining consent for a search that is conducted pursuant to consent?
California, United States of America
What constitutes a single crime under section 654 of the Penal Code?
California, United States of America
What is the standard of care required for a doctor to ask a patient for consent?
British Columbia, Canada
Does the complainant have to prove that they have never intended to capitalize on the use of the name "Angelo Maggio"?
"New York", United States of America
What is relevant evidence in a sexual assault case?
California, United States of America
What is the test for a good faith misunderstanding defense in a tax case?
MultiRegion, United States of America
In what circumstances will the trial court bar defense counsel from making references to well-known murderers in closing arguments?
California, United States of America
What is the legal immunity of a judge from prosecution?
Canada (Federal), Canada
What are the factors required to be established to recover the costs of expert testimony?
Saskatchewan, Canada
Is there any case law where a party has been denied a hearing by the Court of Appeal for more than a year due to delay?
British Columbia, Canada
What is the test for enrichment and deprivation in a personal injury case?
British Columbia, Canada
What is the test for determining whether a defendant has been deprived of counsel at sentencing because of a structural error?
MultiRegion, United States of America
What is the relevant issue in custody and access matters?
Ontario, Canada
What is the test for determining whether a jury has to agree unanimously on which act of shooting constituted an assault with a deadly weapon?
California, United States of America
Is there a separate punishment for two federal crimes in the same federal statute?
MultiRegion, United States of America
Can a witness be considered an accomplice in a criminal case?
California, United States of America
What is the objective test for a constructive dismissal claim?
Alberta, Canada
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant?
California, United States of America
How have courts treated facial injuries to plaintiffs in facial injuries cases?
MultiRegion, United States of America
What is the impact of the recent events on the sentencing of aggravated offenders?
British Columbia, Canada
What is the test for setting aside an order for costs at a personal injury trial?
British Columbia, Canada
Does the Court have the authority to reject an opinion by a majority of the Court of Appeal?
MultiRegion, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the effect of Section 1170 of the California Criminal Justice Realignment Act on jail terms?
California, United States of America
What are the requirements (a) and (b) of a jury in an assault case?
Ontario, Canada
What is the test for a criminal defendant to compel discovery of police personnel records?
California, United States of America
What is the test for a motion to suppress evidence?
California, United States of America
What is the test for impairment of future earning capacity for a plaintiff who was about 30 years old at the time of her injury?
British Columbia, Canada
What are the redacted text messages of a unionized unionized employee and the union’s lawyer?
Ontario, Canada
What is the current state of the law on flight and possession of stolen property?
California, United States of America
Does a tenant have to make compulsory payment in order to avoid forfeiture of their right to possession?
California, United States of America
Is there a repudiation of an agreement for increases in child support?
British Columbia, Canada
Can the consent of the petitioner be separated from illegal police conduct?
California, United States of America
Does a Minister of Employment and Immigration have to be held responsible for the Employment Minister’s employment policy?
Canada (Federal), Canada
What is the test for due process in a sexual assault case?
MultiRegion, United States of America
In what circumstances will the Court consider any new or additional material that counsel have submitted to the Court?
British Columbia, Canada
What is the test for determining whether a person with learning disabilities has a disability or mobility impairment?
Saskatchewan, Canada
What factors must be taken into account when determining the extent of an expense incurred by a separated parent in a separation proceeding?
Manitoba, Canada
What are the implications of plaintiff's claim that he was denied the opportunity to file a class action grievance within the prison?
MultiRegion, United States of America
When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule?
California, United States of America
What is mootness and what is the effect of mootness?
British Columbia, Canada
Does a jury have a duty to instruct on a lesser included charge of involuntary manslaughter?
California, United States of America
Can the arrest of plaintiffs be justified?
Saskatchewan, Canada
What is the tolling of the statute of limitations in medical malpractice cases?
California, United States of America
What is the current state of the law on defamation?
California, United States of America
Is an interim order varied on an interim basis?
Ontario, Canada
What is the test for discrediting a witness's testimony?
California, United States of America
Does a penalty for unreasonably delayed attorney's fees apply to the entire award?
California, United States of America
What is the test for a jury to be instructed on the essential elements of an offense?
California, United States of America
Can an application be made to the trial judge before the judgment has been entered?
Alberta, Canada
What is the test for a variation application for custody of a child?
British Columbia, Canada
In what circumstances will the court dismiss an application to strike an action for interim distribution or exclusive possession?
Saskatchewan, Canada
What is the test for "abuse of discretion" in cases involving abuse of discretion?
California, United States of America
How has the Law Society of Upper Canada been adjudicated?
Ontario, Canada
What is the burden of proving that a party has made a mistake in making a claim for damages?
California, United States of America
Does harmless error review apply in the Rule 11(a)(2) context?
MultiRegion, United States of America
What is the test for a motion to dismiss an indictment on double jeopardy grounds?
MultiRegion, United States of America
What is the standard for reasonable suspicion under the Fourth Amendment?
California, United States of America
What guidance has been given to the jury in the penalty phase of a murder trial?
California, United States of America
What is the standard of proof required for a plaintiff to prove they have been diagnosed with motor neurone disease?
British Columbia, Canada
What is the test for a claim for future care?
British Columbia, Canada
How have courts treated the discovery of material contained in law enforcement personnel files?
California, United States of America
What is the test for a partial summary judgment?
Ontario, Canada
Can there be no irreparable harm to a hearing panel's decision?
Ontario, Canada
In what circumstances will Rule 40A be complied with if a statement sought to be admitted as an expert opinion?
British Columbia, Canada
How have the courts interpreted the meaning of the term some and many?
"New York", United States of America
What is the standard of professional representation for a defendant in a criminal action or proceeding?
"New York", United States of America
What is the legal test for drafting a pro se pleading?
MultiRegion, United States of America
Is a cause of action arising from protected activity within the meaning of section 425.16?
California, United States of America
In reviewing a purportedly erroneous instruction, what is the test for determining whether the jury has applied the instruction in a way that violates the Constitution?
California, United States of America
What is the legal test for premeditation in a sexual assault case?
California, United States of America
What is the effect of an order under Rule 5-8(2) of the Rules of Civil Procedure requiring disclosure of confidential client information or privileged information to members of the public?
British Columbia, Canada
Does section 1775 et. seq. of the California Code of Civil Procedure apply to private mediation?
California, United States of America
What is the current professional misconduct test for professional misconduct?
British Columbia, Canada
Can a co-conspirator's possession of a gun warrant imposition of the 2D1.1(b)(1) enhancement?
MultiRegion, 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
Does counsel's refusal to renew his objection because it was so forcefully presented and unequivocally rebuffed by the court that it was apparent that further efforts to object would be unavailing?
MultiRegion, United States of America
What is the legal test for a reduction of murder to voluntary manslaughter?
California, United States of America
What is the test for determining whether evidence was adduced at the preliminary hearing to support the charges?
California, United States of America
What is the test for an amended complaint alleging a conspiracy to deprive plaintiff of a specific federal constitutional right?
MultiRegion, United States of America
Is evidence of subjective intentions or of pre-contractual negotiations admissible on the construction of a contract?
British Columbia, Canada
What is the test for contempt in a family law case?
Nova Scotia, Canada
Does the perpetuity principle apply in the context of climate change litigation?
MultiRegion, United States of America
What is the current state of the law in BC when it comes to liability for visual nuisance?
British Columbia, Canada
Does the federal court have jurisdiction to hear the merits of a claim of ineffective assistance of counsel for failure to call alibi witnesses?
MultiRegion, United States of America
What are the elements of negligent misrepresentation in the context of a claim brought by Citifund?
British Columbia, Canada
What is the appellant's burden to establish that an order or judgment of the lower court is correct?
California, United States of America
Is plaintiff's claim for injunctive relief as moot?
MultiRegion, United States of America
In what circumstances will a defendant be able to use the defense defense?
California, United States of America
Does the Mazza class need to be certified for litigation purposes?
MultiRegion, United States of America
What is the test for admitting testimony regarding battered woman syndrome in a criminal case?
MultiRegion, United States of America
What is the "common sense" approach to the test for giving someone a gift?
Alberta, Canada
Is a landowner obligated to a plaintiff who was injured in a motor vehicle accident on his land?
MultiRegion, United States of America
What is the test for a conspiracy to commit a crime?
California, United States of America
Is there any case law that would require a trial court to set attorney fees based on actual costs and overhead rather than an objective standard of reasonableness?
California, United States of America
Does a defendant have a right to have counsel at the scene of a robbery?
California, United States of America
What is the test for an order for monetary sanctions for an abuse of discretion?
California, United States of America
Does not need to perform operations at the moment of injury to the moment the incident occurred?
California, United States of America
What is the test for obtaining a warrant to search a residence without further inquiry?
California, United States of America
Can an interpreter be replaced by a different interpreter?
California, United States of America
Can a father and wife agree to waive child support obligations?
British Columbia, Canada
How has the court dealt with a minor's request to appeal against a finding that the minor is entitled to a new disposition?
California, United States of America
Is a prosecuting witness entitled to have two supporting persons attend trial?
California, United States of America
Does the Attorney General have any grounds to appeal against Cole's conviction for grand theft?
California, United States of America
What is the test for reasonable expectations of the parties in a motor vehicle accident?
"New York", United States of America
Does a failure to instruct on a lesser included offense in a noncapital case require reversal?
California, United States of America
Is a defendant entitled to represent himself at trial?
California, United States of America
What is the test for whether a defendant possessed multiple objectives and intents within the meaning of section 654 of the California Criminal Code?
California, United States of America
Does the Miranda Rule apply to a probation revocation hearing?
California, United States of America
What is the test for reversing a jury's verdict in a sexual assault case?
California, United States of America
What is the balance of convenience between the date of trial and the location of the trial?
British Columbia, Canada
How does foreseeability factor in determining liability for a motor vehicle accident?
California, United States of America
Does the Court of Appeal have the power to review a decision of a Board of Arbitration?
Ontario, Canada
What is the test for having as much contact as possible with one parent?
British Columbia, Canada
What is the statute of limitations for filing a federal habeas petition?
MultiRegion, United States of America
Is spousal battery a continuous course of conduct crime?
California, United States of America
Does the evidence support the decision of the Master?
Alberta, Canada
Does the burden of a covenant not involving a grant run with the land?
Ontario, Canada
When reviewing the denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable?
California, United States of America
What is the legal test for challenging the effectiveness of counsel in a federal criminal trial?
MultiRegion, United States of America
What is the scope of an extradition application under s. 18(7) of the Criminal Code of Canada for refusing to comply with a court order?
British Columbia, Canada
In a human trafficking case, can the defense in closing argue defendant committed no crime at all with respect to Doe 2?
California, United States of America
What constitutes a "single disastrous escape"?
British Columbia, Canada
What is the test for bad faith in failing to comply with an order for disclosure?
Ontario, Canada
In a personal injury action, is Defendant's lawyer appointed to represent him at trial?
California, United States of America
What is the legal test for cancellation of an agreement for sale of land?
Saskatchewan, Canada
What is the test for establishing a finding of guilt in a criminal case?
Canada (Federal), Canada
Is there any limitation or limitation of privilege against a witness in a civil proceeding?
California, United States of America
If a defendant waives the right to appeal against their conviction, is the waiver enforceable?
MultiRegion, United States of America
What is the role of a trier of fact in the search for truth?
Nova Scotia, Canada
Is there any evidence that supports testimony that supports a claim of sexual harassment?
California, United States of America
What is the test for deferential review?
MultiRegion, United States of America
Does a prisoner have an Eighth Amendment right to be free from sexual abuse?
MultiRegion, United States of America
Does a young person’s intoxication at the time of the robbery constitute a mitigating factor?
Manitoba, Canada
What is the test for exclusion from evidence in a criminal case?
California, United States of America
What are some cases where a judge has been found to be in breach of section 70(1) of the Restatement of Judgments?
MultiRegion, United States of America
What is the leading authority in the examination of conflict of interest involving solicitor and client?
Saskatchewan, Canada
Is retroactive pay included as income for child support purposes?
New Brunswick, Canada
Is there any case law that pierce the corporate veil in employment cases?
Alberta, Canada
What is the precept of Lord Mansfield and what is the effect of it on a trial judge?
British Columbia, Canada
Is a solicitor entitled to charge against any property recovered or preserved?
British Columbia, Canada
What is the standard of appellate review of a motion to suppress?
California, United States of America
Is there any evidence that defendant acted on behalf of plaintiff's trust and attorney even after the probate petition was filed?
California, United States of America
Is a search made under warrant valid if the search was conducted in accordance with the search warrant?
California, United States of America
What is "use immunity" for a defendant in a civil case?
California, United States of America
What is the test for determining whether a triable issue of material fact exists?
California, United States of America
What is relevant evidence in a sexual assault case?
California, United States of America
Can a husband claim damages for his wife's loss of earnings?
Alberta, Canada
Is an addition or subtraction of 1% or 2% of an officer's work required to be performed in order to meet the volume of the duties required for the officer to perform the same amount of work?
California, United States of America
Can a jury be instructed on the natural and probable consequences or felony murder theory of liability?
California, United States of America
What is the test for establishing federal jurisdiction?
MultiRegion, United States of America
