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.
How much detail is required in a common issues plan?
British Columbia, Canada
In what circumstances have parties been required to give express undertakings to make no improper use of disclosed documents?
British Columbia, Canada
Is it proper for the trial court to rule on an anti-SLAPP motion and not consider the first amended complaint?
California, United States of America
Can a defendant who sexually assaulted a vulnerable person be held liable for sexual assault if he should have known of their vulnerability or susceptibility?
MultiRegion, United States of America
Does immunity granted by a federal court grant a witness immunity from prosecution for later use of their testimony?
California, United States of America
Is there any case law or precedent for the use of deceptive or reprehensible methods to persuade either the court or the jury to convict?
California, United States of America
How have the courts treated a charge of reckless driving in a motor vehicle case?
California, United States of America
What is said to be a constructive dismissal?
British Columbia, Canada
Is a corrections officer legally responsible for injuries sustained by an inmate as a result of his actions?
MultiRegion, United States of America
What is the test for a defendant to deny or deny that they have heard something that is not happening within their own knowledge?
Saskatchewan, Canada
Is a "local officer" required to produce records relating to assessment of a specific property?
California, United States of America
Can a finding that highway regulation or safety concerns animated a traffic stop be set aside?
Ontario, Canada
What is the proper test to determine insufficient evidence in a criminal case?
California, United States of America
What is the impact of a court's decision not to strike an allegation of abuse of discretion?
California, United States of America
What are the requirements under the California Constitution for the equal protection clause in the Fourteenth Amendment?
California, United States of America
Is S.M's attorney's failure to comply with her duty to provide an attorney for the purposes of her civil claim?
California, United States of America
Does Rule 4.421(a)(1) of the Criminal Code apply to callousness?
California, United States of America
What are the elements of conspiracy in violation of 18.C. section 371 of the Criminal Code?
MultiRegion, United States of America
In what circumstances will a defendant receive a concurrent sentence for distribution of a sample and possession with intent to distribute the remainder of the sample?
MultiRegion, United States of America
What is the defence of necessity in the context of an incident where a truck driver refused to wait for over an hour to get materials from a distribution depot?
Newfoundland and Labrador, Canada
What is the test for ineffective assistance in a civil case?
California, United States of America
How have the courts dealt with allegations of prosecutorial misconduct?
California, United States of America
In a medical malpractice case, can an expert's professional judgment be based solely on third-hand information?
Ontario, Canada
Can an employee claim a tax deduction for business expenses?
MultiRegion, United States of America
How have the jury instructions been interpreted in the context of felonious conduct?
California, United States of America
How have courts treated the distinction between executory and executed contracts?
British Columbia, Canada
Can a defendant argue that a lower court found for plaintiff because the court disbelieved defendant's evidence?
California, United States of America
What is the test for relying on the law of the law in the context of an argument at the Bar?
Saskatchewan, Canada
What is the evidentiary test for abuse of discretion under section 1101(b) of the California Criminal Code?
California, United States of America
What is the test for establishing that a breathalyzer device is in proper working order?
"New York", United States of America
What is the test for spousal support for a mother who was paid for 18 years of a long-term relationship?
Ontario, Canada
Can a conviction without a lawyer be used to revoke probation because the conviction was unconstitutional?
California, United States of America
What is the limitation period for a plaintiff to receive a disability benefit?
British Columbia, Canada
Does a defendant have a right to appeal against a finding of guilty of first degree murder?
California, United States of America
How have courts treated the issue of mitigation in medical malpractice cases?
Nova Scotia, Canada
What is the effect of an independent review of the record on appeal?
California, United States of America
What is the nature of the relationship between the parties in determining whether a fiduciary duty exists?
Ontario, Canada
Does a municipality have to register or deposit a plan of survey of a public road?
Alberta, Canada
What is the required corroborative evidence in a sexual assault case?
California, United States of America
What is the test for meeting the legal obligations of a deceased person's moral obligations?
British Columbia, Canada
What is the test for a search warrant valid when the search warrant was signed only after the search party had presented its supporting facts?
MultiRegion, United States of America
What is the test for determining the constitutional validity of a law that restricts access to a student's privacy?
California, United States of America
What is the test for a jury to convict a defendant as an accomplice to an intentional killing?
California, United States of America
What is the test for having evidence of "other crimes, wrongs or acts" under Rule 404(b)?
MultiRegion, United States of America
What constitutes negligent misrepresentation of information?
Canada (Federal), Canada
What is the legal test for satisfaction beyond a reasonable doubt in an application for sexual assault?
British Columbia, Canada
Is a new trial not required where newly discovered evidence is only "possibly useful to the defense but not likely to change the verdict"?
California, United States of America
What is the test for dismissing a prospective juror based on their equivocation and demeanor?
California, United States of America
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge?
California, United States of America
What is the test for determining whether the absence of a mitigating factor constitutes an aggravating factor?
California, United States of America
What is the test for commonality and commonity in a personal injury case?
British Columbia, Canada
What is the test for determining whether a court abused discretion by refusing to grant a continuance of a sentencing hearing to allow defense counsel to investigate allegations of juror misconduct?
California, United States of America
Can a remainder be limited upon a bequest of personal property as well as other personal property?
"New York", United States of America
Is the knowledge of a police officer attributable to a prosecutor if the officer acted as an arm of the prosecution?
MultiRegion, United States of America
Is there a cause of action for medical malpractice under the Eighth Amendment?
MultiRegion, United States of America
How has the court applied the standard of review in the context of an administrative decision?
British Columbia, Canada
What is the burden of establishing a prima facie case in an application to dismiss pursuant to s. 27(1)(c)?
British Columbia, Canada
What is the test for admitting or excluding expert testimony at a trial?
California, United States of America
Is a plaintiff entitled to sue for damages under Section 1983 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the test for supporting an affidavit supporting probable cause?
California, United States of America
What is the legal test for a motion for acquittal under section 1118 of the California Penal Code?
California, United States of America
What is the test for unlawful possession of drugs?
California, United States of America
What is the standard for dismissing an action for failure to state a claim?
MultiRegion, United States of America
Does a defendant have to disclose the names and addresses of prospective witnesses at trial?
California, United States of America
Is there a duty of care associated with the relationship between the parties?
Ontario, Canada
Does Rule 11 require a judge to predict the maximum penalty at sentencing?
MultiRegion, United States of America
Does the prosecution violate the corpus delicti rule by relying exclusively on the extrajudicial statements of an appellant?
California, United States of America
Does the term "reasonable" before the words "attorney fees and costs" in the indemnity fees section of the Ontario Civil Code apply?
California, United States of America
Is there any case law where a defendant mistook a security guard for a police officer?
California, United States of America
What is the test for objecting parties to a permanent disability assessment?
California, United States of America
What is the test for determining whether a person stands in the place of a parent within the meaning of the Divorce Act?
Saskatchewan, Canada
Can a judge re-open an issue to hear new evidence before formal judgment has been entered?
British Columbia, Canada
What is the meaning of the term “reprehensible” in the context of solicitor-client costs?
New Brunswick, Canada
What are the relevant questions to be asked in a jury trial?
California, United States of America
Are statements made in the course of police interrogation not testimonial?
California, United States of America
Is a motion under section 2255 of the Criminal Code an exclusive remedy for a federal prisoner who seeks to challenge the legality of confinement?
MultiRegion, United States of America
What is the test for determining whether a defendant is entitled to an evidentiary hearing on the issue of eligibility for resentencing?
California, United States of America
Does a defendant have to plead guilty to a violation of section 211 of the California Penal Code?
California, United States of America
What is mandatory relief under section 473, subdivision (b) of the Attorney Fault Act?
California, United States of America
In what circumstances will the majority of the New York State Supreme Court uphold an "any time" search authorization for a search warrant?
"New York", United States of America
In what circumstances will a jury at the guilt/special circumstance phase of a murder case be able to establish a torture-murder special circumstance?
MultiRegion, United States of America
Can counsel conduct conduct deemed to be constitutionally deficient in a medical opinion?
MultiRegion, United States of America
What is the test for establishing that a person can be remotely remote?
MultiRegion, United States of America
What is the test for estoppel in the context of a cause of action?
British Columbia, Canada
Is a liability insurer permitted to assume and conduct the defense of an action brought against the insured?
California, United States of America
What is the test for a motion for judgment of acquittal based upon insufficient evidence?
MultiRegion, United States of America
Can a defendant's behavior after the murder negate (or enhance) an inference of premeditation and deliberation?
California, United States of America
Does a rule barring the death penalty on jury deadlock benefit the defense?
California, United States of America
What is the test for a right to exclude someone from trespassing on private property?
California, United States of America
What is the appropriate sanction for abuse of discovery?
California, United States of America
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
What is the test for voluntary manslaughter in a motor vehicle accident?
California, United States of America
What is the test for a claim of prejudicial misconduct waived when a defendant fails to object to the continued service of a juror?
California, United States of America
What is the test for a plaintiff to recover damages from the insured in a motor vehicle accident?
California, United States of America
Does a prosecutor object to a motion to amend the facts of a criminal case?
California, United States of America
Does a prisoner have to prove that they mailed their complaint to the prison authorities?
MultiRegion, United States of America
Is violation of section 417 of the California Criminal Code an included offense in the assault with a deadly weapon charge?
California, United States of America
What is the test for determining that which is in the child's best interest?
"New York", United States of America
What is the impact of the Court of Appeal's sentencing of a defendant who abscondes from court and absconds while serving her sentence?
California, United States of America
What are the elements of a non-physical relationship?
MultiRegion, United States of America
What is the test for a long-term marriage?
British Columbia, Canada
What is the argument that reasonable counsel ought to have encouraged the respondent to accept an offer of financial support?
British Columbia, Canada
Does equalization affect a spouse's claim for spousal support?
Ontario, Canada
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid?
California, United States of America
Can a police officer rely reasonably on the authority of a landlord to enter an apartment and search the tenant's room?
MultiRegion, United States of America
What is the test for ineffective assistance in a criminal case?
California, United States of America
What is the test for appeal against a finding that the limitation period expired prior to the issuance of a statement of claim?
Ontario, Canada
Can a federal district court abstain from exercising jurisdiction in a matter of substantial public concern?
MultiRegion, United States of America
What are the elements of an easement by prescription?
California, United States of America
Can a verdict of guilty be safely founded on the evidence of a single witness?
Ontario, Canada
What is the current state of the law on the Article 13(b) defense in relation to domestic violence?
MultiRegion, United States of America
What are the factors used by a court to determine a sentence for sexual assault?
California, United States of America
Is a person's physical presence a factor in determining their domicile?
MultiRegion, United States of America
Can a plaintiff claim attorney fees in arbitration?
California, United States of America
What privilege exists to communications to counsel from the client's agent?
Saskatchewan, Canada
What is the effect of a plea of guilty or nolo contendere to a charge under section 1016.5 of the California Criminal Code?
California, United States of America
What is the test for a writ of habeas corpus?
California, United States of America
What is the "best interest" factor in determining whether a parent should have maximum contact with their children?
Ontario, Canada
Under the Miranda Act, can a police officer stop a citizen from leaving the scene where he is being questioned?
California, United States of America
What is the test for a half share of a spouse’s pension accumulated during their 14-year relationship?
British Columbia, Canada
What are the requirements for a party seeking costs in a personal injury action?
Ontario, Canada
What is the test for a plaintiff to amend or amend their complaint?
MultiRegion, United States of America
What is the test for establishing that evidence of identity is so weak at the close of the prosecution's case-in-chief?
California, United States of America
In what circumstances will a prosecutor's hypothetical question during jury selection override the court's description of the burden of proof?
California, United States of America
How have courts interpreted the theory of imperfect self-defense in a voluntary manslaughter instruction?
California, United States of America
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation?
California, United States of America
What is the test for a jury to convict an appellant of sexual assault?
California, United States of America
What is the burden of proving a material change in circumstances?
Ontario, Canada
How is liability apportioned in a motor vehicle accident case?
British Columbia, Canada
What is the effect of a motion to proceed in forma pauperis?
MultiRegion, United States of America
Does the government need to prove the identities of five supervised persons to establish that they are part of a continuing criminal enterprise?
MultiRegion, United States of America
How have courts dealt with negligent defamatory graffiti in the past?
California, United States of America
In what circumstances will a court grant a motion to suppress a sexual assault?
California, United States of America
What is the test for a judge to determine the primary factors that support their exercise of authority?
California, United States of America
Can a jury consider evidence of sexual assault as an aggravating circumstance?
California, United States of America
What is the test for obtaining a certificate of probable cause?
California, United States of America
What is the test for waiver of a person's right to seek relief from the courts?
"New York", United States of America
Does a party's out-of-court statement qualify under the party admissions exception to the hearsay rule?
California, United States of America
Can a class action be sustained under section 382 of the Code of Civil Procedure?
California, United States of America
Is a homicide committed in the perpetration of larceny a second degree murder?
California, United States of America
What is the basis for relief in a federal habeas action?
MultiRegion, United States of America
Is a defendant not entitled to be a surety?
Saskatchewan, Canada
Is a party permitted to appeal the dismissal of her negligent hiring, training and supervision claim?
MultiRegion, United States of America
Does the tender rule apply in the context of a foreclosure?
California, United States of America
Does the Attorney General object to our taking judicial notice of the court records to which defendant refers?
California, United States of America
What is the current state of the law on the Miranda rights?
California, United States of America
Does the Attorney General have any authority to infer that the victim was afraid of being labelled a snitch?
California, United States of America
What is the test for calculating costs in a personal injury action?
British Columbia, Canada
Can a notice of levy be challenged by a motion to quash?
California, United States of America
Does a defendant have a right to cross-examine the witnesses at trial?
California, United States of America
What is the role of a tribunal at the "high end" of the spectrum?
British Columbia, Canada
What are the requirements for the release of this decision?
Ontario, Canada
Is possession of recently stolen property sufficient to support a criminal charge?
California, United States of America
What is the test for denying a mistrial for abuse of discretion?
MultiRegion, United States of America
Does the exclusionary rule apply to deportation proceedings?
MultiRegion, United States of America
What is the impact of a district court's decision to admit expert opinion testimony for abuse of power?
MultiRegion, United States of America
Is a municipal bylaw to limit the vertical height of structures from the level of ground undisturbed by human action necessary?
British Columbia, Canada
What is the current state of the law on sexual assault?
California, United States of America
What is the test for vacating a judgment and remand for resentencing before a different judge?
MultiRegion, United States of America
What is the test for admitting and acting under section 51 of the Child Support Act?
Ontario, Canada
What is the test for obtaining a search warrant in a home?
California, United States of America
What is the test for obtaining privileged copies in a solicitor’s brief?
British Columbia, Canada
What is the effect of having an adverse witness called by plaintiff?
California, United States of America
What is the test for a claim that conditions of confinement violate the Eighth Amendment?
MultiRegion, United States of America
What is the test for a motor vehicle driver who is not bound by law to keep his vehicle safe?
California, United States of America
Is there a prejudicial error in making a determination that would have resulted in the absence of two police officers?
California, United States of America
Is there a loss of earning capacity when there is no reduction in income earning capacity?
British Columbia, Canada
Does the applicant have any knowledge to make a claim?
Ontario, Canada
Is there a compelling reason or proper circumstance in Lanteigne v.Lanteigne to breach solicitor’s brief privilege?
British Columbia, Canada
What is the test for establishing that the statute of limitations runs from the occurrence of the last element?
California, United States of America
What are the consequences of losing a subpoena on appeal?
California, United States of America
What is the position of the Personal Respondent on an equal pay claim against the Service Employees International Union?
Ontario, Canada
What is the effect of R. 37(17) of the Rules of Civil Procedure and Procedure on the calculation of court order interest under that rule?
British Columbia, Canada
What is the test for a reasonable sentence in a criminal case?
MultiRegion, United States of America
In what circumstances will a claim be considered frivolous or vexatious?
Saskatchewan, Canada
Does the statute of limitations for sexual assault privilege apply?
California, United States of America
Is a federal court bound by a state's interpretation of jury instructions?
MultiRegion, United States of America
What is the test for substantial evidence to support each of the essential elements of a criminal offence?
California, United States of America
Does a waiver of appellate rights apply if a defendant's sentence is illegal?
MultiRegion, United States of America
How to evaluate the credibility of a children's affidavit?
British Columbia, Canada
What is the test for a motion to dismiss a claim for relief in a medical malpractice case?
MultiRegion, United States of America
What is the test for sustaining a judgment in a personal injury case?
California, United States of America
Can a Notice of Appeal be stayed?
Nova Scotia, Canada
What is the burden of persuasion under s. 8 of the Charter?
Alberta, Canada
What is the test for applying a statute to undisputed facts?
California, United States of America
Does the fact that an adult child suffering from illness or disability receives disability benefits, other forms of government assistance or from family members, or does this have any bearing on whether they can withdraw from parental charge?
Ontario, Canada
Can a search warrant be used to search a car containing marijuana?
California, United States of America
What is the effect of a home-invasion robbery on a jury's consideration of a murder charge?
California, United States of America
Does section 654 (assault with a deadly weapon) apply to the act of shooting the victim in the knee?
California, United States of America
Is a federal court's decision not to compel disclosure of an informant's identity reviewed for abuse of discretion?
MultiRegion, United States of America
Is a motion for summary judgment required to lead trump or risk loosing?
Ontario, Canada
What is the test for determining whether a defendant is mentally incompetent to stand trial?
California, United States of America
What is reasonable doubt in a sexual assault case?
Alberta, Canada
Can a jury be impeached if the sole evidence of misconduct was a declaration of false testimony?
California, United States of America
Is insufficient evidence sufficient to overturn a jury's verdict?
California, United States of America
What is the burden of proof regarding capacity to make a Will?
British Columbia, Canada
Can the court fix a sum to be paid in lieu of taxation?
British Columbia, Canada
Can a judge on a summary judgment motion assess credibility and weigh evidence?
Ontario, Canada
Can a police officer enter a bedroom of a woman not suspected of gang activity while she was asleep in bed, enter the bedroom, place her in handcuffs at gunpoint and detain her in the bedroom while the search continues?
MultiRegion, United States of America
Is there any case law where a cross-defendant was not an actual party to the original unfair-competition action?
California, United States of America
