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 motion for mistrial in a civil case?
California, United States of America
What is the test for determining whether a tribe has jurisdiction over a case involving a non-tribal member?
MultiRegion, United States of America
What is the consequence of Amial's failure to file a motion to reopen with the BIA?
MultiRegion, United States of America
What is the effect of the Jones rule on criminal proceedings?
California, United States of America
Can an employer retaliate against an employee if the employee's reasonable belief turns out to be incorrect?
California, United States of America
Does the Fifth Amendment privilege against self-incrimination apply to "testimonial" communications by a defendant?
California, United States of America
What is the definition of "intimidation"?
British Columbia, Canada
What is the test for an assault under section 232 of the Criminal Code?
British Columbia, Canada
Does the absence of an independent, non-member of the RCMP to decide appeals of disputes extend to the entire body of the force?
Manitoba, Canada
What is the effect of a district court's dismissal of a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the legal test for misconduct in the closing argument of a criminal case?
California, United States of America
When will a court order periodic child support for an adult child enrolled in post-secondary education?
British Columbia, Canada
What is the current state of the law in BC with respect to civility and good faith?
British Columbia, Canada
What would be unconscionable in sharing the full value of the matrimonial home?
Ontario, Canada
If a parent is unable to pay for full-time childcare for their child, is the child entitled to a contribution to the cost of the nanny or childcare?
Ontario, Canada
Can a hotel owner waive his guests' Fourth Amendment rights if the police enter the common areas of the hotel?
MultiRegion, United States of America
Is there a duty to instruct the jury that the felony must be independent of the murder?
California, United States of America
What is the burden of establishing Charter breaches?
British Columbia, Canada
Does a local board member have to be a resident of the area over which they have jurisdiction?
MultiRegion, United States of America
Does a defendant have a right to challenge his sentence in a plea agreement?
MultiRegion, United States of America
What is the test for credibility in evidence at a civil trial?
British Columbia, Canada
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support?
Ontario, Canada
What is the test for determining whether a person contributed to the increase in value of their property during a long-term relationship?
British Columbia, Canada
What constitutes a wilfully false statement by an insurer in a claim?
British Columbia, Canada
What is the reasonableness standard for a reviewing court?
Manitoba, Canada
What is the standard of review in the context of standard review on mixed fact and law?
Alberta, Canada
How is a 64/36 division of the matrimonial home determined?
British Columbia, Canada
Is there any case law supporting the argument that cross-elasticity is a factor in determining whether a motor vehicle can be used as a vehicle?
MultiRegion, United States of America
Does a collision between 2003 and 2010 result in more severe soft tissue injuries?
British Columbia, Canada
In what circumstances have the reasons of the Court of Appeal upheld the proposition that the demand must be made immediately upon forming a reasonable suspicion of alcohol in the body?
Ontario, Canada
Can a judge reconsider and overrule an order of another judge?
California, United States of America
What is the test for assessing punitive damages in a motor vehicle accident case?
California, United States of America
What is the test for obtaining a warrant to search a person's home?
MultiRegion, United States of America
What is the test for requiring a non-resident to appear before a judge in a civil action?
California, United States of America
Does the "routine discomfort inherent in the prison setting" satisfy the objective prong of an Eighth Amendment inquiry?
MultiRegion, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for determining who is responsible for the aggregate quantity of transactions attributable to a particular member of a conspiracy?
MultiRegion, United States of America
What is the appropriate forum for resolving the issue of overtime wages?
British Columbia, Canada
Does a defendant have the right to a pretrial examination of his own statements in the hands of the prosecution?
"New York", United States of America
Does a court have jurisdiction to vacate an order for failure to pay fees?
California, United States of America
Is a plaintiff entitled to services that are not available to them?
British Columbia, Canada
What is the test to prove that a defendant killed or conspired to kill in furtherance of a drug conspiracy?
MultiRegion, United States of America
Does a plaintiff have to amend his second amended complaint to a third amended complaint?
California, United States of America
What is the test for dismissing a claim of ineffective assistance of counsel?
MultiRegion, United States of America
Can a search warrant be used to seize 392 pounds of marijuana seized during a search for evidence incidental to a valid arrest?
Canada (Federal), Canada
What is the test for determining whether a person can sue for damages in a federal court?
MultiRegion, United States of America
What is the test for damages for past and future loss of housekeeping capacity?
British Columbia, Canada
Does a third party who has not yet approved an agreement between a plaintiff and defendant in a patent case have to be bound by the terms of the agreement?
British Columbia, Canada
Does Section 1B1.1.2(d) of the Criminal Code apply to a charge of conspiracy to commit?
MultiRegion, United States of America
Can a single course of conduct be considered separate for purposes of section 654 of the California Civil Code?
California, United States of America
How have the courts interpreted the principles of the BCSC/BCSC in cases involving cruise companies?
British Columbia, Canada
What is the test for proving a prisoner has a serious medical need?
MultiRegion, United States of America
Does a judge have any error in denying probation to defendant?
California, United States of America
What is the impact of a falling market on real estate prices?
British Columbia, Canada
Can a defendant be punished multiple times for a single act or omission?
California, United States of America
Does a probation condition requiring that a defendant not to possess alcohol, intoxicants, or other controlled substances without the prescription of a physician have to be modified or modified?
California, United States of America
Does a finding of probable cause bar a claim that the arresting officer lied or fabricated evidence presented at the preliminary hearing?
MultiRegion, United States of America
What is the test for establishing an estoppel?
California, United States of America
Is a defendant's ability to handle a defense of entrapment defense of his own?
California, United States of America
What is the test for reversal of a jury's verdict in a sexual assault case?
California, United States of America
What is the test for determining the validity of an argument in a personal injury case?
Saskatchewan, Canada
Does a defendant have a separate right to have a jury decide the truth of a special circumstance allegation?
California, United States of America
What is the test for a charge of aiding and abetting murder?
California, United States of America
In a personal injury action, in what circumstances will the court award thrown away costs for failing to provide a 218.1 statement?
Alberta, Canada
What is the test for a jury to deliver a verdict in a sexual assault case?
California, United States of America
What is the impact of the Minister of Justice's decision not to grant an order for the surrender of an American citizen in Canada?
Ontario, Canada
What is the test for enforcing section 4 of the Law Reform Act?
New Brunswick, Canada
Does the entire agreement clause in the Lease precludes any cause of action based on a collateral promise or agreement?
British Columbia, Canada
Is a plea of guilty to a charge of second degree burglary valid?
California, United States of America
Can a defendant be punished for pandering and forcible oral copulation in a sexual assault case?
California, United States of America
What is the test for an award of aggravated damages in a sexual assault case?
Ontario, Canada
Does a judge have any authority to grant a temporary restraining order against correctional officers that are allegedly harrassing and harassing a patient?
MultiRegion, United States of America
Is a spouse entitled to a portion of the amount of family money spent unfairly by one spouse prior to the triggering event?
British Columbia, Canada
What is the criteria for certification of a class A class B class B claim?
Ontario, Canada
What is the test for determining whether a refugee has been discriminated against or persecuted?
Canada (Federal), Canada
What is the test for driving under the influence of alcohol?
California, United States of America
What is the burden on 3252 to establish that it has a lawful non-conforming use protection?
British Columbia, Canada
Does Dobashi have sufficient probable cause to bring an action against Goldstein?
California, United States of America
What is the test for defamatory language?
British Columbia, Canada
What is the impact of the Court of Appeal's comments on workers’ compensation?
British Columbia, Canada
What are the consequences of a nonjudicial foreclosure sale initiated pursuant to a deed of trust securing a defaulted promissory note?
California, United States of America
What is the test for reversal of a finding that the burden of proving suicidal intent was on the insurance company?
California, United States of America
In what circumstances will a motion judge order costs of notice for business class plaintiffs?
Ontario, Canada
What is the test for determining whether a motion for judgment on the pleadings is a cause of action?
California, United States of America
What is the difference between the words "Title" and "damages" in the context of a class action?
MultiRegion, United States of America
Is a paralegal entitled to compensation for her services?
MultiRegion, United States of America
Can the prosecution amend the elements of section 136.1, subdivision (a)(2) of the Criminal Code?
California, United States of America
What are the damages for damages for loss of capital loss and loss of value in a personal injury case?
Ontario, Canada
How have courts treated false representations in real estate transactions?
California, United States of America
Is it unreasonable for a plaintiff not to accept an offer to settle their claim before trial has begun?
British Columbia, Canada
What is the current state of the common law when it comes to the interpretation of the doctrine of assumpsit?
New Brunswick, Canada
What factors must be considered before a class action settlement is agreed?
MultiRegion, United States of America
Can a patient sign an arbitration agreement that binds his or her heirs in a wrongful death action?
California, United States of America
Does the standard of proof need to be higher?
California, United States of America
What are the elements for a negligent misrepresentation?
Ontario, Canada
On appeal challenging the sufficiency of circumstantial evidence, does the court re-examine a witness's credibility?
California, United States of America
What are the appellate courts' opinions on same-sex marriage?
California, United States of America
Does section 1367 of the Penal Code protect an incompetent defendant against unfair trial?
California, United States of America
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable?
Saskatchewan, Canada
When appellant failed to raise his due process arguments with the juvenile court, what are the consequences of that failure?
California, United States of America
What is the test for determining whether a witness has privileged information?
California, United States of America
Is there a delay between the date of separation and the triggering event sufficient to establish unfairness in the division of pension benefits?
British Columbia, Canada
What is the test for determining whether a defendant is mentally competent to stand trial?
California, United States of America
Can the destruction of an audio tape be used as evidence in a sexual assault case?
MultiRegion, United States of America
What is the impact of imputing income on child support?
Nova Scotia, Canada
In a motion to dismiss for failure to state a claim, in what circumstances will the court consider an insurance policy attached to the complaint?
MultiRegion, United States of America
Does section 21(1) of the Limitations Act, 2002 apply to add a third party to the limitation period?
Ontario, Canada
What is the factual background to an amended complaint?
California, United States of America
In what circumstances will a court quash a caning conviction for assault?
Saskatchewan, Canada
What are the elements of the tort of knowing assistance in the breach of a fiduciary duty?
Ontario, Canada
What is the effect of the majority opinion in the Supreme Court of Appeal on the limitation of defense counsel's closing arguments?
MultiRegion, United States of America
How have the courts interpreted the terms of an accord in the context of a personal injury claim?
MultiRegion, United States of America
In what circumstances will the court grant a motion to suppress evidence in a civil case?
California, United States of America
What is the test for determining whether a default was caused by an attorney's mistake, inadvertence, surprise or neglect?
California, United States of America
What is the test for vicarious liability in the context of medical malpractice?
Ontario, Canada
What is the test for determining whether a trial error is harmless or prejudicial?
California, United States of America
Does the referee have grounds for finding constructive possession of a property?
MultiRegion, United States of America
When is a traffic stop for speeding a reasonable amount of time?
MultiRegion, United States of America
Is a defendant in a civil case entitled to qualified immunity?
MultiRegion, United States of America
Does a search warrant need to be issued to search a car without a warrant?
California, United States of America
What is the test for denying a motion to withdraw only for abuse of power?
MultiRegion, United States of America
What is the test for habeas corpus relief under the Fourteenth Amendment?
MultiRegion, United States of America
What is the current state of the law on disclosure in civil matters?
British Columbia, Canada
Is an employer liable to an employee for medical equipment failure?
Alberta, Canada
Is a defendant required to prove that they were involved in a conspiracy before the crime was committed?
California, United States of America
Can a bankruptcy judge grant a judgment against a bankrupt who has been declared bankrupt?
Alberta, Canada
What is the test for determining the pith and substance of a challenged section of legislation?
Alberta, Canada
What is the test for admitting an abuse of language under section 801(d)(2)(B)?
MultiRegion, United States of America
Does "gender" constitute a protected characteristic in Title VII?
MultiRegion, United States of America
What is the legal test for overturning a finding of insufficient evidence in a special circumstance case?
California, United States of America
What is the test for converting an application into an action?
Ontario, Canada
What is the effect of a statement of abandonment in an appeal of the dismissal of a cause of action?
MultiRegion, United States of America
What is the test for asserting that a defendant has been found guilty of assault by reason of sexual assault?
MultiRegion, United States of America
Can consent be obtained for a search without consent?
Ontario, Canada
Does a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be proven beyond a reasonable doubt?
California, United States of America
In a case based on an allegation of wrongful dismissal, in what circumstances will the court award damages for loss of time, loss of contribution to the company?
British Columbia, Canada
Is an ambiguous restrictive covenant unenforceable?
British Columbia, Canada
Does the imminent danger exception apply in this case?
MultiRegion, United States of America
What is the test for establishing a proper procedure in civil litigation?
California, United States of America
What is the effect of a defense motion for a continuance to conduct its own independent test?
MultiRegion, United States of America
What would have been reasonable investigatory detention?
MultiRegion, United States of America
Does a defendant need to be identified as an "organizer, leader, manager, or supervisor"?
MultiRegion, United States of America
Is there a fiduciary relationship between a client and their lawyer?
British Columbia, Canada
What is the test for an action to remove a union official from office as a business agent?
British Columbia, Canada
What is the standard of correctness of the law in the context of an appeal?
Manitoba, Canada
What is the effect of section 2900.5 of the California Penal Code on a defendant's term of imprisonment?
California, United States of America
How have courts interpreted the meaning of the word "judicial review" in the context of judicial review?
Canada (Federal), Canada
What is the effect of a court finding that a fuel supplier’s unilateral increase in the price of fuel is a fundamental breach of contract?
Manitoba, Canada
Does a defendant's failure to request an instruction on theft constitute forfeiture?
California, United States of America
What is the effect of section 669, subdivision (a) of the California Criminal Code when a defendant is convicted of two or more crimes?
California, United States of America
Is there any common law rule that a driver must be proceeding lawfully at the time of the accident to exercise his right of way?
British Columbia, Canada
What is the test for forfeiture of personal property when a defendant is convicted of insider trading?
MultiRegion, United States of America
What is the principle of approbation and reprobation in the context of a claim for damages in a personal injury case?
Ontario, Canada
Is there any case law where a police stop and subsequent transportation was permissible?
California, United States of America
Can an offer to sell by deed be withdrawn if it is not accepted within a reasonable time?
Saskatchewan, Canada
In what circumstances will a defense expert be allowed to testify at trial on the effect of stress on eyewitness identification?
"New York", United States of America
What factors will a court consider in determining the timeliness of a motion to intervene?
MultiRegion, United States of America
Is Title II of the Federal Trade Commission a cause of action for damages under Title II?
MultiRegion, United States of America
What is the risk to children of a domestic violence perpetrator?
Ontario, Canada
Does the Defendant have a right to terminate the relationship with the Plaintiff's broker before the purchase was made?
"New York", United States of America
What is the test for determining whether a medical malpractice case has been successful?
MultiRegion, United States of America
What is the difference between the privacy rights of the individual and the privacy of the state?
British Columbia, Canada
Is a notice of pendency valid in a trespass action for alienation of real property?
"New York", United States of America
What is the standard of care required by a medical malpractice board to be negligent?
British Columbia, Canada
What is the test for a jury to determine whether a defendant's mental state of mind was deliberate or not?
California, United States of America
Does defendant have overcome the strong presumption that defense counsel's conduct fell within the range of reasonable professional assistance?
California, United States of America
What is the test for determining whether a mistake was harmless beyond a reasonable doubt?
California, United States of America
What are the special costs of an action under the Business Improvement Authority?
British Columbia, Canada
Does the exclusionary rule apply to evidence obtained by a private citizen?
California, United States of America
What is the definition of a "full term" under the California Full Term Amendment?
California, United States of America
What is the test for determining whether an individual was an "organizer, leader, manager or supervisor"?
MultiRegion, United States of America
Does a neighbour have to recognize the reservation of surface lease fees reserved by a previous owner?
Saskatchewan, Canada
What is the result of a motor vehicle accident on March 20, 1998?
Alberta, Canada
Is temporary sickness a cause for summary dismissal at common law?
British Columbia, Canada
Can a judge overturn a district court's denial of a writ of habeas corpus?
MultiRegion, United States of America
What is the test for authority of a Justice at preliminary inquiry?
Ontario, Canada
What is the responsibility of the California Court of Appeal to determine the merits of each case?
California, United States of America
Does Wharton's Rule prevent a conspiracy conviction?
MultiRegion, United States of America
Does a driver who drove dangerously into oncoming traffic before running a red light and colliding with the deceased's car have malice?
California, United States of America
What is the test for reassignment of a defendant to a different judge?
MultiRegion, United States of America
What is the test for establishing imputed political opinion?
MultiRegion, United States of America
What is the test for a jury to be found guilty of reversible misconduct?
California, United States of America
What is the test for admitting evidence of an abuse of mental health?
California, United States of America
Is eviction of ignorant tenants an excessive fine proscribed by the Eighth Amendment?
MultiRegion, United States of America
What is the test for giving a jury a unanimity instruction in a criminal case?
California, United States of America
When will a court refer to a prior pleading in an amended complaint?
MultiRegion, United States of America
What is the meaning of the term "retention" under the Convention of Human Rights?
MultiRegion, United States of America
Does a non-testifying codefendant's statement at their joint trial deprive a defendant of his Sixth Amendment right to confront adverse witnesses?
"New York", United States of America
What is the test for establishing that a claim before the Federal Court of Justice is a motion brought by a plaintiff in a personal injury case brought before the federal court?
MultiRegion, United States of America
What is vexatious?
Ontario, Canada
What are the "essential elements" of a letter to a borrower that states that the offer is conditional?
California, United States of America
What are the evidentiary requirements for a committal hearing?
Ontario, Canada
What is the test for excluding testimony on hearsay grounds?
California, United States of America
Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy?
California, United States of America
What is the legal test for the validity of a purported partnership?
Canada (Federal), Canada
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence and to special circumstance allegations?
California, United States of America
In what circumstances will summary trial be used in real estate cases?
British Columbia, Canada
Can a defendant waiver the right to appeal or collaterally attack a sentence that has yet to be imposed?
MultiRegion, United States of America
What duties of a defendant in a medical malpractice case have been determined by the Court of Appeal?
California, United States of America
What factors have been added to the list of factors that a plaintiff must consider in determining the severity of a motor vehicle accident?
British Columbia, Canada
