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.
In what circumstances will a defendant be barred from using a stairway and landing on a plaintiff's land?
Ontario, Canada
Does the Court have jurisdiction to examine rent increases for a subsidized rental unit?
British Columbia, Canada
Is Johnsen wrong to instruct the jury on the reasonable doubt standard in the context of third party culpability?
California, United States of America
What are the prerequisites for class treatment of medical monitoring claims?
California, United States of America
What is the next step in a custodial variation proceeding?
Ontario, Canada
What is the test for a jury to make a reasonable inference based on the circumstantial evidence?
California, United States of America
Does a federal court have jurisdiction to dismiss a claim?
MultiRegion, United States of America
What is the standard of review for a petition for record sealing?
California, United States of America
What is the burden of establishing supervised access?
Ontario, Canada
What are the elements of procedural unconscionability?
California, United States of America
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation?
California, United States of America
Can a sponsorship agreement affect a spouse's entitlement to spousal support?
British Columbia, Canada
Can a Bivens action be brought against private individuals who have acted in concert with federal agents so as to have been acting under color of federal law?
MultiRegion, United States of America
What is the test for a motion to dismiss for prejudicial prearrest delay?
California, United States of America
What is the test to determine whether deprivation is sufficiently serious under the Eighth Amendment?
MultiRegion, United States of America
What is the test for credibility based probability in s. 8 of the Criminal Code?
Alberta, Canada
What is the scope of a random stop by a police officer without any probable cause?
British Columbia, Canada
Can a motion for a new trial be denied on the same basis as a previous denial?
MultiRegion, United States of America
Does a claim of negligent misrepresentation or detrimental reliance require detrimental reliance?
British Columbia, Canada
Does Section 654 of the California Criminal Code require separate punishment for crimes committed against separate victims?
California, United States of America
Does section 1157 of the California Criminal Code apply when the prosecution alleges that the killing was committed during perpetration of robbery or burglary?
California, United States of America
Can a judge be designated as an individual in his individual capacity?
California, United States of America
What is the impact of criminal contempt on the reputation of the judiciary?
Ontario, Canada
What are the reasons for a Minister of Labour’s decision not to issue a notice of no confidence in the Minister of Employment and Learning?
Canada (Federal), Canada
What is the test for dismissing unexhausted federal claims?
MultiRegion, United States of America
Does a jury have any authority or authority to overturn a finding of reversible error or reversal of judgement in an assault case?
MultiRegion, United States of America
Does Montague have an evidentiary hearing in his objection to the magistrate judge's report and recommendation to plead guilty?
MultiRegion, United States of America
Can a prison official be held liable under the Eighth Amendment if they deny or delay medical treatment?
MultiRegion, United States of America
Is there any case law where a defendant's attorney has fully complied with his responsibilities and no arguable issues exist?
California, United States of America
What is the test for obtaining a judgment in a personal injury case?
California, United States of America
What are the legal principles applicable to a challenge to the sufficiency of the evidence to sustain a conviction?
California, United States of America
What is the test for a defendant to be deemed to have a supervisory role in a criminal enterprise?
MultiRegion, United States of America
Is it appropriate for a hearing to be adjourned so that a motion can be heard at the same time?
Ontario, Canada
How has the continuous course of conduct exception been interpreted in the context of sexual assault cases?
California, United States of America
Can a driver who steered to the left to avoid a collision be found negligent despite arguing agony of pain?
Ontario, Canada
How do we review the findings of law de novo after a bench trial?
MultiRegion, United States of America
What is the test for "robable cause" in the context of search and seizure cases?
MultiRegion, United States of America
What are the implications of a finding that a jury convicted a defendant of a tax evasion charge against him in his personal income tax case?
California, United States of America
Does a violation of state law require suppression of evidence in federal court?
MultiRegion, United States of America
What is the test for reducing contact between the access parent and the custodial parent?
Ontario, Canada
Is a motorist who has been stopped by a police officer for a traffic citation when, upon proper demand, he or she fails to produce evidence of registration and a driver's license?
California, United States of America
What is the test for expectation damages?
Ontario, Canada
Is a wiretap obtained in violation of neither the Constitution nor federal law admissible in federal courts?
MultiRegion, United States of America
Does a minor have to be placed on trial for assault with a deadly weapon under the double jeopardy clause?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
How have courts interpreted the Attorney General's interpretation of statutory law?
California, United States of America
How have the courts dealt with the issue of jurisdictional defects in an appeal?
California, United States of America
Does the abstract of judgment list the crime in count 2 as assault w/deadly weapon?
California, United States of America
Does a non-Indian plaintiff have jurisdiction to sue for damages from an Indian Tribe?
MultiRegion, United States of America
What is the test for a trial court to make a decision under section 654 of the Criminal Code?
California, United States of America
Is a warrantless search of a person's home illegal unless the person consents to the search?
California, United States of America
What is the test for relying on a template used by a police officer at trial for evidence in a speeding case?
Ontario, Canada
Does a police officer have an affirmative duty to arrest and charge a person?
California, United States of America
Is there any case law where the trial court dismissed standby counsel for failing to communicate with appellant through a translator?
California, United States of America
What is the test for good faith to be a defense in a personal injury action?
California, United States of America
Does a jury need to decide unanimously under two separate theories of liability under different theories of aider and abettor liability?
California, United States of America
Can a judgment be granted under rule 12.02 of the Rules of Civil Procedure if the claim or defence in question has no meaningful chance of success?
Ontario, Canada
What is the test for an intervener to adopt a payment as a discharge from a debtor?
Saskatchewan, Canada
Is there any case law where a judge ordered that a defendant be shackled during trial?
MultiRegion, United States of America
How do you determine the elements of a crime?
California, United States of America
What is the test for assessing the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for a remedy for proprietary estoppel?
British Columbia, Canada
What is the test for a jury to convict a defendant of attempted murder?
California, United States of America
Can a motion for summary judgment result in fair determination?
Ontario, Canada
Is an invention in a mere adaptation of a well-known idea?
Ontario, Canada
What is the test for risk-utility analysis in motor vehicle safety cases?
"New York", United States of America
What conditions must be imposed on a doctor who has been declared bankrupt to be able to continue his practice?
Saskatchewan, Canada
Does an order of restitution have the effect of treating coconspirators as "victims" and thereby requiring "restitutionary payments" to the perpetrators of the crime?
MultiRegion, United States of America
What is the effect of disqualifying eligible voters’ ballots for voting for more than 3 members?
British Columbia, Canada
Does the term "semiautomatic" remove an element of the offense from the jury's consideration?
California, United States of America
When will a judge order a retrial before a different judge?
MultiRegion, United States of America
What is the impact of a motor vehicle accident on a plaintiff's financial obligations?
New Brunswick, Canada
What is the standard of review of a Minister's decision to order a fugitive surrendered for extradition?
British Columbia, Canada
What is the test for making a prima facie showing at the first step of a civil action?
California, United States of America
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy?
MultiRegion, United States of America
What is the effect of section 954 of the California Criminal Code when an allegation of sexual assault is brought before a jury?
California, United States of America
What is the effect of filing a Notice of Appeal before the Superior Court of Justice?
California, United States of America
Is a murder that is premeditated and deliberated a murder of the first degree?
California, United States of America
When will a set-off be set off in a family proceeding?
Yukon, Canada
What is the range of damages the court should award in a personal injury action for misrepresentation?
MultiRegion, United States of America
What is the test for disentrusting a visa officer of an initial assumption that a person coming to Canada is an immigrant?
Canada (Federal), Canada
Can a plaintiff bring a cause of action for declaratory relief in a civil matter?
California, United States of America
How has the Attorney General defined victims' rights under Proposition 8?
California, United States of America
What is the scope of a defendant’s right to challenge a foreign judgment for fraud going to jurisdiction?
British Columbia, Canada
Can a volunteer who is not paid a salary or wage be considered an employee under Title VII?
MultiRegion, United States of America
What is the test for a multiplier in a personal injury claim?
Ontario, Canada
In what circumstances will a jury or jury decide an action against a doctor?
Alberta, Canada
Can a plaintiff in a personal injury action proceed without a jury?
British Columbia, Canada
What is the test for an award for future loss of income-earning capacity?
British Columbia, Canada
What is the test for a claim of moral coercion?
"New York", United States of America
What is the test for s.32(2) of the Criminal Code of Canada?
Ontario, Canada
Does a court of equity having jurisdiction of the person of defendant have jurisdiction to enforce an injunction?
California, United States of America
Does a magistrate's pronouncement of judgment and sentence on a charge of assault bring the case within the section 654 prohibition of multiple prosecution?
California, United States of America
What is the penalty for failure to co-operate with an investigation?
Ontario, Canada
What is the test for retaining or discharge of a jury in a medical malpractice case?
Ontario, Canada
What is the current state of the law on indecent content?
"New York", United States of America
What is the test for a child support order under section 5 of the Child Support Guidelines?
British Columbia, Canada
Does Defendant's failure to object to a claim of misconduct bar review on appeal?
California, United States of America
How have courts dealt with clerical errors under the Criminal Code of New York?
"New York", United States of America
Is there any case law where a defence action is inconsistent with a desire for a timely trial?
British Columbia, Canada
What is the duty of care of the driver in a motor vehicle accident?
British Columbia, Canada
What are the principles that apply to a non-compensatory spousal support claim where the claimant is disabled?
British Columbia, Canada
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced?
California, United States of America
What is the statute of limitations for noise from fan jets?
California, United States of America
What is the legal test for an employer to accept a medical certificate that states that a grievor must work telework?
Canada (Federal), Canada
When a defendant who has been acquitted of an offense petitions for a finding of factual innocence, what is the burden of proof?
California, United States of America
In what circumstances will a judge order a lump sum payment to reimburse a wife for past accounting and legal expenses?
British Columbia, Canada
What is the test for the purpose of compensating a recipient spouse for sacrifices made by the recipient spouse in assuming primary childcare and household responsibilities?
British Columbia, Canada
Is an inmate entitled to a hearing to determine whether he is eligible for relief under section 1170?
California, United States of America
What is the test for excluding evidence in a sexual assault case?
California, United States of America
What is the test for a negative declaration for "prejudicial abuse of discretion"?
California, United States of America
Does a defendant who takes property for the purpose of claiming a reward have the requisite intent to permanently deprive?
California, United States of America
Is there any case law in which a piece is paid by the piece when all work is booked up at three o’s a week?
Saskatchewan, Canada
What is the test for separating a child from one parent?
Nova Scotia, Canada
In a construction contract, can an engineer be an impartial arbitrator?
Saskatchewan, Canada
Is there any evidence that there is a real and substantial possibility of future income loss arising from injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the test for dismissing a motion of no confidence to amend a medical malpractice case?
MultiRegion, United States of America
For the purposes of determining whether a defendant has a valid claim against a prosecutor, how have the courts dealt with the issue?
California, United States of America
What is the burden of establishing a Charter violation?
British Columbia, Canada
What is the test for standing under the 1964 Civil Rights Act?
MultiRegion, United States of America
What is the test for evidence of past criminal activity in a criminal case?
California, United States of America
What are the reasons of the Learned Registrar for refusing to grant a review?
British Columbia, Canada
What is the test for habeas relief under the Indian Civil Rights Act?
MultiRegion, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause?
California, United States of America
Is evidence of evasiveness admissible in a sexual assault case?
California, United States of America
In what circumstances have courts allowed evidence of criminal activity prior to the murder of a police officer?
California, United States of America
How have courts interpreted "force" in determining whether a defendant has been found guilty of grand theft?
California, United States of America
What is the test for competence to stand trial in a mental health case?
California, United States of America
What is the test for discharge of a court appointed attorney?
California, United States of America
What is the potential sentence for a home invasion?
Ontario, Canada
What is the test for the application of s. 686 (1)(b)(iii) of the Criminal Code of Canada?
Alberta, Canada
What is the liability of a physician for lack of informed consent?
California, United States of America
In an interim application for child and spousal support, how have the Guidelines been applied?
British Columbia, Canada
Is a caveat in issue sufficient to constitute a building scheme?
Alberta, Canada
Can a jury be confused regarding the elements of pandering?
California, United States of America
What is the test for determining whether a defendant's rights will be adversely affected by his absence from a proceeding?
California, United States of America
What is the test for reviewing opposing papers in a de novo review?
California, United States of America
What is the legal test for establishing that there are two separate groups of directors in a society?
British Columbia, Canada
What is the current state of the law on classification of different species of plant?
California, United States of America
Can a judge or magistrate dismiss an action against a defendant who has previously been convicted of a felony?
California, United States of America
When a party challenges a court's evidentiary ruling, what is the standard of review?
California, United States of America
What are the costs of a personal injury appeal?
Newfoundland and Labrador, Canada
What is the test for rejecting a witness's testimony?
California, United States of America
Does declaratory relief need to be sought before a jury?
British Columbia, Canada
What are the legal standards for a pro se pleading?
MultiRegion, United States of America
Does a probable cause finding necessarily preclude challenges raised to the veracity of the arresting officer?
California, United States of America
In what circumstances will the police be able to question a defendant's statement of intent to assert his right to counsel?
California, United States of America
Is a search warrant required for the seizure of obscene materials in a search for evidence of sexual assault?
MultiRegion, United States of America
What is the test for establishing that a will was executed properly?
British Columbia, Canada
What is the effect of habitual criminal law on a defendant's criminal record?
California, United States of America
Can directors of a company be found guilty of fraud?
Alberta, Canada
What is the test for clear and convincing evidence in a civil case?
federal, United States of America
Is a municipality obligated to ensure the safety of the public from the hazards of snow and ice?
Ontario, Canada
What is the test for granting injunctions in a personal injury case?
"New York", United States of America
What is the test for striking pleadings?
Ontario, Canada
Can expert rebuttal evidence be given in the absence of a written opinion?
British Columbia, Canada
What is the test for setting aside a default in a personal injury action?
California, United States of America
Is Defendant's Notice of Appeal deemed filed when it is postmarked?
MultiRegion, United States of America
How have courts interpreted the concept of a municipal noise by-law?
Ontario, Canada
What is the test for admitting evidence in a criminal case?
California, United States of America
What is the test for overturning a finding of insufficient evidence?
California, United States of America
What is the current state of the law on indefinite support for a spouse?
Manitoba, Canada
What is the test for making a dying declaration?
Ontario, Canada
On appeal, is the court bound by the independent judgment rule?
California, United States of America
What is the test for making records relating to litigation and claims available after adjudication or settlement?
California, United States of America
Is a determination that the insured was liable a prerequisite to recovery by the third party claimant against the liability insurer?
California, United States of America
What is the test for a motion for a new trial for abuse of discretion?
MultiRegion, United States of America
What is the impact of the Sweda decision on a summary judgment motion?
Prince Edward Island, Canada
What is the test for the principle against self-incrimination?
Ontario, Canada
Is the lying in the wait special circumstance constitutionally infirm because it duplicates an element of first degree murder?
California, United States of America
Can a search warrant be used to search a car that has been stopped and searched by agents?
MultiRegion, United States of America
What is the range of conditional sentences for smoking marijuana near a school playground?
Alberta, Canada
What is the test for proving Rule 11 error affected a defendant's substantial rights?
MultiRegion, United States of America
What is the test for a defendant to be convicted of a lesser-included crime of attempted kidnapping?
California, United States of America
Does a warehouseman have an insurable interest in a consignment that is insured in his own name?
Saskatchewan, Canada
What is the test for establishing that prior appropriation rule given interstate effect?
MultiRegion, United States of America
How have courts in Nova Scotia dealt with civil cases dealing with sexual assault under the Penal Code?
California, United States of America
Can a car dealer be held liable for failure to transfer legal title and registration?
California, United States of America
What is the test for appealability of a writ of habeas corpus denial?
California, United States of America
What is the liability of a vehicle seller under Vehicle Code 14606?
California, United States of America
What is the connection between the two decisions at issue in an application for judicial review?
Canada (Federal), Canada
Is there a distinction between a disabled employee whose disability is caused or contributed to chronic alcoholism and other disabled employees?
Saskatchewan, Canada
Can a court reverse a finding that a plaintiff has been denied a right to sue under a different type of civil procedure?
California, United States of America
Does Souza have to prove that defense counsel's advice was defective and prejudicial?
MultiRegion, United States of America
What is the standard of review for a tax court's determinations of law de novo and its findings of fact?
MultiRegion, United States of America
What authority does the Court of Appeal have in common with the Courts of Appeal in England and Wales?
Alberta, Canada
Can an appellant file a motion for leave of the court in a federal civil action?
MultiRegion, United States of America
What is the test for a motion judge to award sole custody to the father of the child?
New Brunswick, Canada
What is the test for substantial evidence in a sexual assault case?
California, United States of America
When a judge's conduct prevents or significantly interferes with a litigant’s ability to place their case before the court, is it appropriate to order a new trial?
British Columbia, Canada
How is the reasonableness of attorney's fees calculated?
MultiRegion, United States of America
Is a prosecutor's use of immunity agreements while examining five witnesses harmless beyond a reasonable doubt?
California, United States of America
Does a debtor have waived the issue of whether the bankruptcy court erred by dismissing the third and fourth causes of action?
federal, United States of America
How do we review the facts at the Court of Appeal?
California, United States of America
Does section 654 of the California Criminal Code bar separate punishment for the simultaneous possession of different controlled substances?
California, United States of America
What constitutes "gratuitous violence" in the context of a carjacking?
California, United States of America
In what circumstances will a defendant driver lose control of his vehicle after encountering ice?
British Columbia, Canada
Does time spent in jail as a result of a conviction and sentencing in the United States include time served in jail in Canada?
Ontario, Canada
What factors will a court consider when assessing credibility?
British Columbia, Canada
