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 varying spousal support?
British Columbia, Canada
What is the burden of proving that a defendant directly caused or directly caused an assault on a minor?
California, United States of America
What is the test for having a lawyer who is not qualified under the Bar Act?
Canada (Federal), Canada
Does a vendor have an obligation to disclose facts related to the subjective considerations of the purchaser rather than the intrinsic quality of the property?
British Columbia, Canada
What is the cumulative effect of all the evidence in a motion for an unlawful agreement?
British Columbia, Canada
Does a plea of guilty obtained by the prosecuting attorney's unfair representations in the context of an unfair representation be valid at trial?
Ontario, Canada
What is the test for using force that is not reasonable in self-defence?
Ontario, Canada
Is there any case law in which a finding by a medical board of medical malpractice can be overturned?
California, United States of America
What is the test for having an interpreter at a hearing?
Ontario, Canada
What are the grounds of appeal against the finding that a learned trial judge erred in fact and law in ruling that the force used was substantial?
Saskatchewan, Canada
Does section 1025 of the California Criminal Code require a retrial of a defendant who has admitted to a prior conviction?
California, United States of America
Does a plaintiff have right of way through a crosswalk?
British Columbia, Canada
Can a sentence imposed by a judge other than the one who accepted a plea bargain stand?
California, United States of America
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies?
MultiRegion, United States of America
How have courts interpreted the doctrine of sovereign immunity in a medical malpractice case?
California, United States of America
What is the test for construing a statute?
California, United States of America
Is reprimand a sufficient penalty for failing to respond to a complaint?
British Columbia, Canada
What is the current state of the law regarding disclosure of personal information?
MultiRegion, United States of America
What is the test for reviewing a solicitor's bill under s.71.1(2) of the Legal Profession Act?
British Columbia, Canada
What is the legal test for judicial review of a 24-hour driving prohibition?
British Columbia, Canada
What is the test for dissuading or attempting to dissuade a witness by force or threat of violence?
California, United States of America
Does good cause for dismissal after a juror's request to be dismissed require a hearing?
California, United States of America
What are the leading cases that support the open court principle?
British Columbia, Canada
What is the test for awarding costs at a hearing?
Ontario, Canada
Is a box cutter an inherently dangerous weapon?
California, United States of America
Does a defendant have a right to appeal against the revocation of his supervised release?
MultiRegion, United States of America
What is the test for making a finding that a child is in need of protection pursuant to the Family Law Act?
Ontario, Canada
What is the test for warrantless arrest under the Fourth Amendment?
MultiRegion, United States of America
Can a man who pleaded guilty to a charge of sexual assault obtain relief against compulsory self-incrimination from the Court of Appeal?
California, United States of America
What is the test for an appeal court to uphold an emotionally first degree murder conviction?
California, United States of America
Is a federal court's interpretation and application of the sentencing guidelines reviewed de novo?
MultiRegion, United States of America
What is the trier of fact on circumstantial evidence?
Ontario, Canada
What is the test for making a peremptory claim?
California, United States of America
What is the cost of an over-the-counter drug?
British Columbia, Canada
Is a spouse entitled to spousal support?
New Brunswick, Canada
Does a grass verge alongside a road constitute an improvement for the use of pedestrians?
British Columbia, Canada
Can a defendant escape criminal liability for the sale of heroin even if he was not involved in the transaction?
MultiRegion, United States of America
How is a child's post-secondary education cost calculated when the child’s parents contribute towards the total cost?
Nova Scotia, Canada
What are the elements of a slander of title action?
California, United States of America
What is the test used to determine custody of children?
Alberta, Canada
When will a sealing order be granted in a civil matter?
Ontario, Canada
Is there any reason why a man who has been convicted of a charge of an aggravated assault under the Civil Code of Civil Procedure should not have to provide evidence against him?
MultiRegion, United States of America
What is the test for deficient performance of an attorney?
California, United States of America
What is the test for establishing a proper venue for a tort action?
California, United States of America
What is the legal test for sealing records in a personal injury case?
California, United States of America
Can a claim for unjust enrichment be dismissed after a summary trial under Rule 9-5(1)(a)?
British Columbia, Canada
Is Respondent entitled to attorneys' fees pursuant to Code of Civil Procedure section 1021.5?
California, United States of America
What is the test for civil rights claims in medical malpractice cases?
MultiRegion, United States of America
Can a plaintiff discharge his retained attorney with or without cause?
California, United States of America
Does section 352 as to evidence that would consume undue time violate a defendant's right to confront the witnesses against him?
California, United States of America
Can a state be granted state immunity in respect of its violations of international humanitarian law in Italy?
Canada (Federal), Canada
What is a fee for making a new connection to a water system?
California, United States of America
When will a federal judge order a different judge to sentence appellant?
MultiRegion, United States of America
What are the fiduciary duties of an employer in an employment relationship?
Ontario, Canada
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
In what circumstances has the Court considered an offer to settle a claim for damages under Rule 49 of the Rules of Civil Procedure?
Ontario, Canada
Is there any case law supporting a finding of criminal intent in a sexual assault case?
California, United States of America
What is the test for a claim for possession of a flax which was seized with the intent of exercising over the flax?
Saskatchewan, Canada
Does a defendant have to testify at trial?
California, United States of America
Can a plaintiff amend their complaint to state a cause of action?
California, United States of America
What is the proper procedure for disposing of a term barred by section 654?
California, United States of America
Can a committee of three members of a municipal council attend at a location where the contract is to be performed to a public competition?
Ontario, Canada
What is the test for redetermination of a penalty or other disciplinary action by an administrative body?
California, United States of America
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada?
Canada (Federal), Canada
Can an unsuccessful party to a small claims action be required to pay any other reasonable charges or expenses such as experts’ fees or expenses?
British Columbia, Canada
What is the test for determining whether an individual who overpaid by mistake is to be found at fault for overpayments?
MultiRegion, United States of America
What is the role of an appellate court in reviewing the sufficiency of the evidence?
California, United States of America
What is the appellant's burden to establish that an order or judgment of the lower court is correct?
California, United States of America
What is the test for a firefighter to enter a warehouse that they believe is on fire?
MultiRegion, United States of America
Can a percipient witness provide sufficient evidence to satisfy the subjective element of sustained fear?
California, United States of America
Is a loan modification agreement valid as a cause of action for promissory estoppel?
California, United States of America
Can a state criminal statute be assimilated into federal law?
MultiRegion, United States of America
Is a worker entitled to a separate and additional functional impairment award to recognize the ongoing effects of her right frozen shoulder?
British Columbia, Canada
Does a court have to compel a defendant to wear a stun belt at trial?
California, United States of America
What is the test for determining whether a plaintiff was expected to participate in an office softball game?
California, United States of America
What is the legal test for correcting the jury's instructions in a personal injury case?
California, United States of America
What factors should be considered in a delay case?
Ontario, Canada
What is the test for reasonable doubt in a sexual assault case?
California, United States of America
What is the doctrine in law and what is the effect of keeping an animal that escapes from its enclosure?
British Columbia, Canada
What testimony does the court need to provide to establish that a boxcar door has a broken handle?
California, United States of America
Does Section 654 of the California Criminal Code bar a prosecution for the same act or omission under the same provision of law?
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
What is known as "coram nobis" in the context of federal criminal proceedings?
MultiRegion, United States of America
How can a judge acquire personal jurisdiction over a defendant?
MultiRegion, United States of America
Can a plaintiff recover emotional distress as part of a claim of negligence?
MultiRegion, United States of America
What is a third party culpability instruction in a sexual assault case?
California, United States of America
What are the elements of unconscionability and surprise in a contract?
MultiRegion, United States of America
What is the current state of the law on prosecution comments on the Fifth Amendment?
California, United States of America
What is the effect of the registrar’s exercise of discretion in assessing disbursements?
British Columbia, Canada
What is the nature of an order under s. 24 of the Criminal Code?
British Columbia, Canada
What is the definition of sexual harassment in the context of summary dismissal?
Ontario, Canada
What is the quality of the interview for an applicant's visa application?
Canada (Federal), Canada
What is the current state of the law regarding the exclusion of defense evidence in a sexual assault case?
California, United States of America
Is there any case law supporting the argument that a defendant's mental state was not sufficient to convict him of attempted murder?
California, United States of America
Is a winery permitted to operate under an easement?
British Columbia, Canada
What constitutes a general appearance in a motion for personal injury?
California, United States of America
Does a federal district court's decision not to admit evidence under Rule 403 balancing inquiry constitute plain error?
MultiRegion, United States of America
What is the standard for reviewing a trial judge's refusal to give a proposed jury instruction?
MultiRegion, United States of America
What is the effect of Res judicata on an issue that has been decided?
British Columbia, Canada
What is the test for determining the credibility of a witness?
California, United States of America
Does a defendant have a right to full disclosure?
Ontario, Canada
Does the exclusionary rule apply to police disciplinary proceedings?
California, United States of America
What is the test for denying a motion for a new trial?
California, United States of America
What is the test for prospective search warrants?
MultiRegion, United States of America
Does a defendant have a right to appeal when counsel does not file an opening brief?
MultiRegion, United States of America
Is a physician or medical doctor required to testify to the medical necessity of a future care item?
British Columbia, Canada
What is the test for actual possession of a substance?
MultiRegion, United States of America
What is the test for obtaining a search warrant?
California, United States of America
What is the statute of limitations on a state prisoner habeas petition?
MultiRegion, United States of America
How have courts interpreted the term "excusable neglect" in the context of employment law?
California, United States of America
What is the test for admitting prior weapon possession?
California, United States of America
What is the current state of the law in Canada on a publication ban?
Ontario, Canada
What is the standard of care required of a medical practitioner?
Ontario, Canada
What is the test for an owner's reasonable expectations?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Can a protective order be issued in favor of J. H. under section 136.2(i)(1) of the California Criminal Code?
California, United States of America
What is the test for a direct appeal of an order dismissing an action?
California, United States of America
What is the liability of an owner of a commercial establishment who fails to ensure the safety of patrons?
California, United States of America
What are incidental damages in a class action?
California, United States of America
In what circumstances have courts interpreted the words "public lands" in a treaty?
MultiRegion, United States of America
What are the factors used by the courts to determine the length of a sentence in a sexual assault case?
California, United States of America
What is the test for setting bail under the Fourteenth Amendment?
California, United States of America
What is the legal test to approve a third party funding agreement?
Ontario, Canada
Can a defendant argue that the trial court erred by failing to expressly state its reasons for imposing consecutive sentences?
California, United States of America
What is the test for using the term "my issue" in a will?
Alberta, Canada
Does the hearsay rule need to be reviewed by the courts?
MultiRegion, United States of America
What is the impact of a lump sum award at an arbitration?
Ontario, Canada
In what circumstances will the court allow costs greater than that provided for in Rule 15-1?
British Columbia, Canada
What are the consequences of an insurer's refusal to participate in mediation?
Ontario, Canada
Can a signatory party to an arbitration clause compel the signatory to arbitrate against a third party?
California, United States of America
What is the test for admissible evidence of uncharged misconduct in a motor vehicle case?
California, United States of America
What is the history of the dispute and what is the impact of the litigation?
Ontario, Canada
In a sexual assault case, what factors in aggravation apply?
California, United States of America
Is constructive abandonment a cause of action for divorce?
"New York", United States of America
How have the courts interpreted the test for contributory negligence in a motor vehicle accident?
California, United States of America
Does lack of standing constitute a "favorable termination" on the merits of an action?
California, United States of America
What is the test for determining whether a defendant has a duty to act reasonably?
California, United States of America
Does a police officer's observation of activity within a private residence constitute a search?
California, United States of America
Can a police officer without a warrant enter into the front yard of a house, through a screen door, and observe illegal activity in plain view?
California, United States of America
How have the courts interpreted contingent intent in the context of a burglary case?
California, United States of America
Does Moda waive his claim of error by not making an offer of proof at the hearing?
California, United States of America
What is the test for obtaining consent to search a person's home?
California, United States of America
Is a plaintiff entitled to an award of attorney's fees on a contract where he was not the prevailing party?
California, United States of America
Is there any case law in which a plaintiff has been successful?
MultiRegion, United States of America
Does s. 507(3) or s. 577(2) of the Criminal Code require a written consent from a judge of the court or by the Attorney General?
Ontario, Canada
What is the test for using expert evidence in a property transaction?
British Columbia, Canada
What are the implications of a final judgment in a personal injury case?
California, United States of America
What is the proper venue for a state habeas corpus petition challenging parole denial?
MultiRegion, United States of America
What is the standard of care of a reversing driver?
British Columbia, Canada
Does the use of "a witness" in the context of immunized testimony constitute self-incrimination?
MultiRegion, United States of America
Is there any case law in which a defendant was convicted under both a direct aiding and abetting theory and a natural and probable consequences theory?
California, United States of America
Is a jury required to unanimously agree on which particular felony formed the basis for appellant's street terrorism conviction?
California, United States of America
What is the current state of the law on the Miranda privilege?
California, United States of America
What is the test for admitting fresh evidence on an appeal?
British Columbia, Canada
What is the test for the right to speedy trial under the Sixth Amendment?
MultiRegion, United States of America
What is the test for false imprisonment in a sexual assault case?
California, United States of America
What is the duty of a jury to consider circumstantial evidence in a sexual assault case?
California, United States of America
What is the test for sustaining a child sexual assault conviction in a juvenile court?
California, United States of America
What is the burden of proving each essential element in a motion for privilege?
MultiRegion, United States of America
What is the current state of the law on "attempting to appeal to the sympathy or passions" at the guilt phase of a criminal trial?
California, United States of America
What is the test for assessing damages in favour of plaintiffs in a civil case?
Ontario, Canada
What are the factors used to determine whether or not to disclose an undertaking?
Alberta, Canada
In what circumstances will a witness be able to produce a written, signed statement after suffering retrograde amnesia?
California, United States of America
Is a sentence based on "particular vulnerability" improper when age is an element of the crime?
California, United States of America
What is the test for an allegation of discrimination in a medical malpractice case?
British Columbia, Canada
In what circumstances will the court consider whether there was a substantial change in the income of the father?
British Columbia, Canada
Does a lender have a duty to ensure that the borrower has a good faith in the borrower's financial well-being?
MultiRegion, United States of America
What is the test for a judge to declare a mistrial in a case of mistaken identity?
"New York", United States of America
How have courts interpreted the Fourth Amendment framework in this context?
MultiRegion, United States of America
Is a wife’s mileage claim recoverable in law?
Ontario, Canada
What is the relevant section of the Penal Code for assault and sexual assault against a man who was found guilty of the same offence in a separate case?
California, United States of America
What is the effect of Section 1210.1 of the California Penal Code on a person convicted of a nonviolent drug possession charge?
California, United States of America
What is the penalty for a violation of section 288 of the California Penal Code?
California, United States of America
What is the proper interpretation of a statute?
California, United States of America
What is the test for substituting a jury's verdict?
Ontario, Canada
Can an opinion be used as an instruction to a jury?
California, United States of America
How have courts treated pre-existing conditions in the context of injuries?
British Columbia, Canada
What is the test for in-trust claims in a personal injury case?
British Columbia, Canada
What is the test for responding to a reply submission?
British Columbia, Canada
What are the consequences of a finding of assault, sexual assault and unlawful confinement of his wife?
Ontario, Canada
What constitutes a "consensual encounter" between a police officer and an individual?
California, United States of America
Does a defendant have forfeited the argument that he should have had his conviction stayed pursuant to section 654 of the Criminal Code?
California, United States of America
What is the test for a motion to self-representate in a personal injury case?
California, United States of America
What is the test for denying an alien's right to appeal against a deportation order?
MultiRegion, United States of America
What is the test for an honest and reasonable belief to be a defense to a forgery charge?
California, United States of America
Is a court's ruling granting or denying section 877 settlement credit reviewed for an abuse of discretion?
California, United States of America
What impact will the Supreme Court of Canada have on privacy in s. 8 of the Charter?
British Columbia, Canada
Does the assignee of a certificate of purchase have to be a bona fide purchaser for value?
MultiRegion, United States of America
When will a jury be found to have prejudiced in a criminal case?
MultiRegion, United States of America
Is a defendant's right to the assistance of counsel impaired when he removed his appointed trial attorney?
California, United States of America
Does a constructive trust invoked by the wife in a separate civil action against the husband be considered a remedy of constructive trust?
Manitoba, Canada
What is the test for determining whether police conduct constitutes an investigatory stop or an arrest?
MultiRegion, United States of America
What is the test for a person to be in possession of land?
British Columbia, Canada
Is possession of a substantial amount of narcotics a ground for refusing to grant a mitigating role adjustment in a drug case?
MultiRegion, United States of America
What is the test for making a Miranda warning?
California, United States of America
Does section 1157 of the California Criminal Code apply to a defendant who has not been convicted of a crime?
California, United States of America
What is the test for a variation to an Adult Interdependent Partner Support Order?
Alberta, Canada
Can a defendant waive the right to collaterally attack his conviction and sentence?
MultiRegion, United States of America
Can a collective bargaining agreement be maintained in effect?
Saskatchewan, Canada
How have courts interpreted the phrase "other appropriate equitable relief" in ERISA?
MultiRegion, United States of America
