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 a reversal of a finding of reasonable doubt?
California, United States of America
What is the applicable statute of limitations for a claim brought by a defendant who has exhausted his underlying grievances?
MultiRegion, United States of America
Does improper evidence of a past crime affect reversal of a conviction?
California, United States of America
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards?
British Columbia, Canada
What is the test for malice in a murder case?
California, United States of America
What is the test for an error in testimony in a civil case?
California, United States of America
In arresting defendant for possessing an unlawful weapon, can the police search the package without a warrant?
California, United States of America
Does the Federal Constitution guarantee a right to a jury trial in a criminal proceeding?
"New York", United States of America
What is the effect of admitting a prior conviction for a similar crime?
California, United States of America
Is a defendant under the influence of methamphetamine?
California, United States of America
What is the current state of the law on class actions in welfare cases?
California, United States of America
Can a restraining order be used to determine who is the aggressor in a mutual restraining order?
California, United States of America
How has the court interpreted the definition of "force" in section 288 of the Criminal Code?
California, United States of America
What are the factors that determine whether consent to search was voluntary?
MultiRegion, United States of America
What is the test for reversal of a finding of guilty on one count of sexual assault?
California, United States of America
Is there any case law where a plaintiff has been successful in a medical negligence action?
British Columbia, Canada
Can a Rule 12(b)(1) motion be framed as a facial attack on the allegations in a complaint?
MultiRegion, United States of America
What is the test for constructively filed documents in a habeas corpus petition?
MultiRegion, United States of America
What is the test for particularity in a search warrant?
California, United States of America
What is the abuse of the standard for instructing a jury?
California, United States of America
What is the test for a plea of undue influence?
Manitoba, Canada
What are some examples of conduct that could give rise to mental distress or moral damages?
Canada (Federal), Canada
Can a motion to amend a pleading be allowed?
Ontario, Canada
What is the legal background to s. 71 of the Legal Profession Act?
British Columbia, Canada
Can a witness change their facial expression in the course of giving evidence?
Canada (Federal), Canada
Does the Court's error in instructing on aiding and abetting and prosecutorial misconduct constitute cumulative error?
California, United States of America
Is a default judgment against two individual defendants set aside?
British Columbia, Canada
Does the Superior Court have jurisdiction to proceed with the taking of evidence as to incompetency and to make findings thereon?
California, United States of America
Does Rule 8(b) of the law govern the joinder of offenses in a multi-defendant trial?
MultiRegion, United States of America
What is the test for discharge of a jury in a personal injury case?
California, United States of America
What are the requirements of the in terrorem doctrine?
Ontario, Canada
How have courts interpreted the meaning of section 995 of the "three strikes" law?
California, United States of America
What is the test for abuse of a district court's decision whether to order a presentence study?
MultiRegion, United States of America
What is the test for proving a conspiracy?
MultiRegion, United States of America
What is the effect of a reduction in sentence for police conduct that justifies a stay?
Ontario, Canada
What is the test for overturning an order imposing a discovery sanction for abuse?
California, United States of America
What is the test for determining the value of a claim in constructive trust?
British Columbia, Canada
How have courts dealt with a request for a statement of decision from a retired trial judge?
California, United States of America
What is the duty of a fire department to “overhaul” the fire area?
Ontario, Canada
What is the test for a contingency fee?
British Columbia, Canada
What are the grounds for entitlement to spousal support?
British Columbia, Canada
What factors will the court consider in determining whether an employee is qualified for a similar position?
Ontario, Canada
Is the act of placing a bomb into a car to kill the owner a sufficient basis for a conviction of attempted murder?
California, United States of America
Does an employee have constructive possession of merchandise?
California, United States of America
What is the legal privilege attached to a TCHC employee’s emails?
Ontario, Canada
Does a defendant need to understand all the ins and outs of a jury trial?
California, United States of America
What is the test for pursuing a claim in a derivative action?
Ontario, Canada
What are the consequences of a plaintiff's failure to challenge his fines and fees?
California, United States of America
What is the test for damages for loss of homemaking capacity?
British Columbia, Canada
Is a defendant entitled to withdraw his guilty plea and restore the status quo ante?
California, United States of America
What is the ultimate limitation of leave to begin or to continue an action?
Manitoba, Canada
Does the Attorney General have to reverse a finding of malice before a jury in a murder trial where the trial court's response to the question was incorrect?
California, United States of America
What is the burden of proof relating to a hypothetical event in a damages assessment?
British Columbia, Canada
Can the date of an expert report be extended to August 2, 2015?
Alberta, Canada
Can a detainee who acts suspiciously during a traffic stop, causing the officer to fear for his safety, be searched?
California, United States of America
What is the remedy the mother seeks in a custody action brought by Children’s Aid Society of Toronto?
Ontario, Canada
What is the test for reviewing an order granting or denying attorney fees under section 1021.5?
California, United States of America
Is there any case law in which a defendant has been ordered to produce a personal brief to support his claim for damages?
California, United States of America
What is the appeal period for an amended judgment?
California, United States of America
Can a person who reads a libel notice be allowed to give evidence as to who it refers to?
Saskatchewan, Canada
Can a defendant make a self-defense claim where the initial aggressor initiates aggression by using deadly force or the threat of deadly force?
California, United States of America
Can an individual change their adopted status?
Nova Scotia, Canada
What is the testator required to have a “disposing mind and memory” in making a Will?
Ontario, Canada
What is the current limitation period for a plaintiff in a civil rights class action based upon a denial of seniority rights?
MultiRegion, United States of America
What is the test for a motion for a new trial based on insufficient evidence?
California, United States of America
Does a judge have to charge the jury about included offences?
Ontario, Canada
What is the burden of pleading sufficient grounds for writ of habeas corpus?
California, United States of America
What is the standard of review in the context of a motion for summary judgment in a personal injury case?
Ontario, Canada
Is it appropriate for the Law Society of Upper Canada to award costs respecting an appeal?
Ontario, Canada
Is a frivolous, malicious or frivolous action dismissed?
MultiRegion, United States of America
What are the defects in the reasonableness analysis?
British Columbia, Canada
What is the test for section 15(1) of the BC Anti-Discrimination Act?
Nova Scotia, Canada
Does the rebuttable presumption (that a contract would have been concluded wholly in good faith) suffer from constitutional infirmity?
California, United States of America
Does a doctor owe a duty to the future child of a mother who is on a medication prescribed by her doctor to prevent her from having a seizure?
Manitoba, Canada
Does the exclusion of Juror No. 2's testimony in a sexual assault case invalidate defendants' claim of ineffective assistance?
California, United States of America
What is the burden of proving every element of count 1?
California, United States of America
Does a previously unregistered mortgage have priority over a subsequently registered mortgage?
Alberta, Canada
Can a defendant be found guilty beyond a reasonable doubt?
California, United States of America
Is there an equal share of a credit card debt that was incurred during the marriage?
British Columbia, Canada
How has the court dealt with property division and spousal support?
British Columbia, Canada
What is the standard of review for a review of a decision made pursuant to the Environment Act?
Nova Scotia, Canada
What is the impact of a long-term relationship between the parties on the length of time of trial?
Ontario, Canada
Can a search and seizure of a cell phone be conducted without a search warrant?
California, United States of America
Is a defendant permitted to stipulate to the dismissal of a jury in a death penalty case?
California, United States of America
What is the definition of consent for the purposes of the felony-murder special circumstance?
California, United States of America
Is a mechanic's lien a constitutional right?
California, United States of America
Can a Defendant be found in contempt of court for failing to comply with a court order to pay child support?
British Columbia, Canada
Does the jury need to be instructed on separate conspiracies?
MultiRegion, United States of America
What is the duty of a police officer to prevent a person from driving under the influence of alcohol after being released from custody?
California, United States of America
Can a reversal of a murder conviction be ordered where the allegation that appellant was armed with a firearm was not true?
California, United States of America
Does the victim have to be competent to stand trial?
California, United States of America
What is the test for granting a motion of no confidence in a search warrant?
California, United States of America
What is the relevant issue at the Preliminary Inquiry stage?
Alberta, Canada
What is the test for a shared parenting schedule?
Ontario, Canada
Is it prosecutorial misconduct to misstate the applicable law during argument to the jury?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Does a defendant who threatens to shoot his victim in the face demand a different result from the jury?
California, United States of America
What is the current state of the law on the fast-track timeline under the Speedy Trial Act?
MultiRegion, United States of America
Is there any continuing objection to the standing of RSPLP?
British Columbia, Canada
What is the test for ineffective assistance in a writ of habeas corpus case?
California, United States of America
What is the test for removing the lis pendens?
British Columbia, Canada
What is the test for a temporary relocation of a family home?
Ontario, Canada
What is the scope of the discretion of the Court of Appeal under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
What is the limitation period for a continuing claim?
Alberta, Canada
Does severance need to be severance in the context of an antagonistic defense?
MultiRegion, United States of America
Does litigation privilege extend to a sworn witness statement?
Alberta, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for admitting evidence in a civil case?
California, United States of America
What is the test for an assessment of the quality of a professional’s flooring work?
British Columbia, Canada
What is the current state of the law on security for costs?
British Columbia, Canada
What is the test for a jury in a murder case?
California, United States of America
If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent?
California, United States of America
What is the burden of documenting hours expended in litigation?
MultiRegion, United States of America
Does a plaintiff's response to questions posed by her personal physician at a pre-trial examination before trial constitute voluntarily disclosing privileged information?
"New York", United States of America
Is a defendant's right to be present at trial secure?
MultiRegion, United States of America
What is the test for determining whether a defendant is guilty beyond a reasonable doubt?
California, United States of America
What is the test for deciding a question of law raised for the first time on appeal?
California, United States of America
Does a court have a sua sponte duty to instruct on the meaning of "reasonable prospect of an acquittal"?
California, United States of America
Does a search warrant need to be conducted in plain view?
California, United States of America
Can a court order special costs for a defendant who altered records after the examination for discovery to bolster its claim?
British Columbia, Canada
Can a defendant be found guilty of aiding and abetting a robbery?
California, United States of America
What is the test for violating the Eighth Amendment by failing to provide adequate medical equipment in a prison?
MultiRegion, United States of America
What is the test for an exception under section 1915(g) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the test for discipline in a medical malpractice case?
Canada (Federal), Canada
In an action for breach of the Lemon Law Act, is a plaintiff entitled to damages for emotional distress?
California, United States of America
What is the range of punitive damages in a personal injury case?
California, United States of America
How is the lodestar method used to determine the appropriate percentage for a class counsel fee?
Ontario, Canada
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act?
California, United States of America
What is the definition of a right to effective representation by counsel?
California, United States of America
Is a habeas corpus proceeding a continuation of a criminal proceeding?
California, United States of America
What is the current state of the law on a line of credit from a Canadian bank to assist with the costs of becoming a qualified doctor?
British Columbia, Canada
Does the Attorney General's motion to withdraw and correct the docket (Docket Entry No. 30) include allegations raised for the first time on appeal or in the reply brief?
MultiRegion, United States of America
What is the effect of section 1203.2a of the California Penal Code on revocation of probation of a defendant who has committed another crime?
California, United States of America
Can a judge be held liable in a civil action for his actions?
MultiRegion, United States of America
What is the test for determining whether the trial court erred in instructing the jury to convict a defendant of assault?
California, United States of America
Can a municipality impose a variable permit fee under section 930(1)(d) of the Regulations Act?
British Columbia, Canada
Is there any case law that supports the argument that a parent put their child’s best interests above their own?
Alberta, Canada
Does a statutory statutory term need to be defined in the "ordinary" meaning of a word?
California, United States of America
What is the test for a prison official to be found guilty of violating the Eighth Amendment by depriving a prisoner of medical marijuana?
MultiRegion, United States of America
Can a non-advertised appointment process prevent an abuse of authority?
Canada (Federal), Canada
What is the test for making a claim against a defendant in a personal injury case?
California, United States of America
Is a lessor obligated to keep access to a common staircase safe?
New Brunswick, Canada
Does the standard of proof need to be higher?
California, United States of America
Is there any case law where a prosecutor made eight separate misstatements of witness testimony in closing argument?
MultiRegion, United States of America
What is the meaning of section 1717 of the Ontario Civil Code and what is the test for attorney's fees?
California, United States of America
What is the burden of proving ineffective assistance in a motion seeking reversal of a plea?
California, United States of America
Does the Court have the authority to determine whether a sentence is cruel or unusual?
California, United States of America
Is a motion for a new trial on the basis of newly discovered evidence disfavored?
MultiRegion, United States of America
What is the proper consumer perspective for an advertisement?
Ontario, Canada
Does a request for a search warrant need to be issued to an outpatient who is in a mental health condition?
California, United States of America
Can a strata corporation be held to a standard of perfection and is not a guarantor or insurer when building problems arise?
British Columbia, Canada
Does the SBI policy manual provide an adequate substitute for a hearing in which an inmate is allowed to present witness and documentary evidence?
California, United States of America
Can a person serving a felony sentence under section 1170.18 of the California Criminal Code be recalled from prison for a crime that has now been reduced to a misdemeanour?
California, United States of America
Can a mortgagee recover the value of a machine which is affixed to the floor of a factory by bolts and nuts?
Saskatchewan, Canada
What is the test for intervenor status?
British Columbia, Canada
What is the current state of the global pandemic response in the context of this claim?
Ontario, Canada
What is the effect of prejudicial statements made by counsel at trial in an ICBC personal injury action?
British Columbia, Canada
Does a tortfeasor's mismanagement of trust assets result in a party being sued for attorney fees?
California, United States of America
What is the test for a reasonableness review?
British Columbia, Canada
Does a relationship between a plaintiff and defendant constitute qualified privilege?
British Columbia, Canada
What remedies are available to prevent or prohibit the testimony of a witness in a civil case?
California, United States of America
Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court?
MultiRegion, United States of America
Is the petitioner appropriate to be appointed interim administrator of the Department of Health and Social Care for the deceased?
British Columbia, Canada
In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year?
Ontario, Canada
What is the range of damages for failure to attend psychological treatment for chronic pain type syndrome?
British Columbia, Canada
What is the test for a motion to dismiss a habeas petition for failure to exhaust state remedies?
MultiRegion, United States of America
What is the test for a judicial review of a warrant issued by a justice of the peace?
British Columbia, Canada
What is the standard of review in the context of the California Supreme Court?
California, United States of America
What is the effect of the "one final judgment" rule?
California, United States of America
What is the test for a de novo dismissal of a complaint for failure to state a claim?
MultiRegion, United States of America
What are the findings of the Court of Appeal in Ontario regarding the conduct of the Appellant's appointed attorney?
California, United States of America
How have the courts interpreted “without prejudice” without prejudice communications?
Saskatchewan, Canada
Is a plaintiff entitled to prejudgment interest on her loss of use claim?
California, United States of America
Is section 654 of the Criminal Code applicable to enhancements?
California, United States of America
What is the test for a defendant who lacks malice in a murder case?
California, United States of America
Does Respondent have the authority to rely on a dictionary definition for purposes of determining the meaning of a word?
California, United States of America
Can a court grant declaratory relief against any type of defendant in a case otherwise within the court's jurisdiction?
MultiRegion, United States of America
What is the proper procedure for a motion to quash service of summons?
California, United States of America
Does section 654, subdivision (a) of the California Criminal Code apply in cases where there are multiple violations arising out of the same act or omission?
California, United States of America
What is the current state of the law on the defense of forgetting to register?
California, United States of America
How has section 667.5(b) of the California Criminal Code been interpreted and interpreted by the courts?
California, United States of America
What is the test for a prisoner to bring a claim for mental health care under the Eighth Amendment?
MultiRegion, United States of America
Is there a right-of-way easement that provides access to a parcel of land that runs from north to south?
British Columbia, Canada
Is section 24(1) of the Criminal Code of Canada a discretionary order?
British Columbia, Canada
If an individual lives and works in a country where thousands of people are victims of crimes against humanity and where one hears about it, would one have knowledge of what was taking place?
Canada (Federal), Canada
Is a general law dealing with the administration of the estates of persons who may become bankrupt or insolvent?
Ontario, Canada
What is the test for determining whether a search conducted during a search was justified?
California, United States of America
Is denial of a motion for continuance an abuse of power?
MultiRegion, United States of America
Does the word "adverse" mean something between unfavourable and hostile?
British Columbia, Canada
Can Valley View bring a motion for summary adjudication of its quiet title claim and its request for declaratory and injunctive relief?
California, United States of America
What is the test for appeal from the Court of Appeal against the denial of a Writ of Habeas Corpus application brought by a state prisoner convicted of murder?
MultiRegion, United States of America
What is the test for determinative position in a criminal case?
MultiRegion, United States of America
What is the burden of proving causation in medical malpractice cases?
British Columbia, Canada
What is the burden of proof in administrative proceedings involving the revocation or suspension of a professional license?
California, United States of America
What is the test for determining whether an act has caused a death?
California, United States of America
When a defendant enters a plea of guilty or no contest, can she challenge the validity of the plea on appeal?
California, United States of America
What constitutes substantial evidence supporting the assigned judge's finding that the easement was not abandoned?
California, United States of America
Can a subpoena duces tecum protect Charter rights?
Ontario, Canada
When faced with conflicting affidavits in a summary trial, can a judge make a decision between two opposing versions of the affidavit?
British Columbia, Canada
What is the legal test for abuse of discretion when determining whether to reinstate probation or prison terms?
California, United States of America
