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 granting asylum to an alien who is a "refugee" under the Immigration and Customs Service?
MultiRegion, United States of America
Can a motion for a new trial raise a claim of ineffective assistance?
California, United States of America
What is the objective interpretation of the circumstances surrounding the incident?
Nova Scotia, Canada
What factors are considered in the assessment of child support when the father works in Libya?
Alberta, Canada
Can hearsay evidence be used in a probation revocation proceeding?
California, United States of America
Is assault a crime of basic intent where the consequence is very closely connected with the act?
Ontario, Canada
How does a judge assess a settlement in a civil matter?
Ontario, Canada
Is it inappropriate and premature to require an individual to set aside additional funds on an involuntary basis?
Ontario, Canada
In what circumstances will a judge make a child support order retroactive to the date of the date the Respondent's first child was born?
Northwest Territories, Canada
Is it appropriate to withhold or conceal the identity of a confidential informant in a search warrant affidavit?
California, United States of America
Can a nonprovocateur defendant be charged with murder under the provocative act theory?
California, United States of America
What is the test for a motion for judgment notwithstanding a finding that a defendant has been found guilty of sexual assault?
California, United States of America
What is the test for appeal against a search and seizure under the Fourth Amendment?
California, United States of America
What is the test for establishing negligence in a medical malpractice case?
California, United States of America
What is the test for admissible new evidence in a civil case?
British Columbia, Canada
What is the test for using "express language" to express the intent of the legislature with respect to prospective or retrospective force of an Act?
Saskatchewan, Canada
In what circumstances will an attorney refuse to produce a holographic will?
California, United States of America
What are the elements to prove a loss of future earning capacity?
British Columbia, Canada
What are the grounds for vacating a leased premises so as to discharge the landlord from liability for the rent?
Saskatchewan, Canada
Does a consent decree need to be reviewed de novo?
MultiRegion, United States of America
What is the test for running a statute of limitation?
MultiRegion, United States of America
What is the test for making a claim of misconduct?
California, United States of America
How have courts interpreted section 964 of the Criminal Code of New York?
"New York", United States of America
Can an employee mitigate their damages by continuing to work with the same employer in the reduced position?
Ontario, Canada
What is the test for liability for negligence in a motor vehicle accident?
MultiRegion, United States of America
What is the current state of the law on disqualification for counsel in a civil case?
MultiRegion, United States of America
What is the range of contributory negligence in a motor vehicle accident involving a child as young as 10?
Manitoba, Canada
What is the test for dismissing a felony case under section 1382 of the California Criminal Code?
California, United States of America
What is the test for hardship when determining whether a student has to go to school because of their disability?
British Columbia, Canada
How have courts considered motive in the context of an attempted murder case?
MultiRegion, United States of America
What is the test for applying the good faith exception to a finding of probable cause?
MultiRegion, United States of America
What are the elements of a cause of action for fraud?
California, United States of America
How has section 861 of the California Criminal Code been interpreted in the context of Section 861?
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
What is the test for premeditation and deliberation in the context of murder?
California, United States of America
How have the courts treated a motion to exclude statements that allege that a defendant was questioned in violation of Miranda?
California, United States of America
What are the elements necessary to establish the tort of conversion?
British Columbia, Canada
In what circumstances will a court modify a judgment to add costs, attorney fees and interest?
California, United States of America
Does section 140(a) of the California Civil Code of Civil Procedure apply to those threatening statements that a reasonable listener would understand to constitute a true threat?
California, United States of America
What is the test for a suppression of a search warrant?
California, United States of America
What is the test for determining whether a defendant is mentally unfit to stand trial?
California, United States of America
Can a defendant be punished for more than one crime?
California, United States of America
Is driving under the influence a crime of violence?
California, United States of America
What is the case law in favour of the federal government in the context of civil liberties?
MultiRegion, United States of America
What is the standard of review and what is the test for overturning a judgment or order of the lower court?
California, United States of America
Does section 1109 of the California Code of Civil Procedure apply to a defendant accused of domestic violence?
California, United States of America
What is the burden of proving all elements of an alleged sentence enhancement beyond a reasonable doubt?
California, United States of America
Is disclosure of a witness's residence address unnecessary?
MultiRegion, United States of America
What is the appropriate time period for a plaintiff to accept a formal offer to settle their claim?
British Columbia, Canada
In reviewing a motion for a new trial, in what circumstances will the court grant the motion?
MultiRegion, United States of America
What is the reasonable doubt standard for determining a defendant's guilt?
California, United States of America
What is the effect of inordinate delay in determining the cause of death for a plaintiff's memory?
Ontario, Canada
Can a municipality be held liable in negligence for its policy decisions?
British Columbia, Canada
What is reasonable and what is reasonable in the context of a claim in a personal injury case?
Saskatchewan, Canada
Does Rule 8(a) require detailed factual allegations?
MultiRegion, United States of America
What is the test for "special circumstances" in a limitation period application?
Ontario, Canada
What is the impact of Rule 37 on matrimonial litigation?
British Columbia, Canada
What is the test to apply under section 225.2(2) of the Criminal Code of Canada?
British Columbia, Canada
Is a search warrant obtained upon information acquired by an illegal search warrant invalid?
California, United States of America
What is the burden of establishing that any one of the conditions is satisfied?
British Columbia, Canada
What is the test for the doctrine of "overbreadth" in the context of First Amendment freedom of expression legislation?
California, United States of America
What is the test for establishing that a non-moving party has a valid argument to support its claim against the opposing party?
MultiRegion, United States of America
What jurisdiction does an extradition judge extend to consider defences which could be raised at trial?
British Columbia, Canada
What is the impact of an overpayment of child support by a parent to a mother?
Ontario, Canada
Does a defendant have a right to effective assistance of counsel under the Sixth Amendment?
MultiRegion, United States of America
What material decisions have been made in the history of the Lax Kw’alaams Indian Band appeal?
British Columbia, Canada
Is there any case law where an investigator made a mistake in calculating the statutory time for filing a claim for damages against a public entity?
California, United States of America
Is an award of attorney's fees reviewed for an abuse of discretion?
MultiRegion, United States of America
Does the term "exterior" apply to alterations made to the rear of a building?
British Columbia, Canada
What is the test for meeting the third criterion in policy item 40.00?
British Columbia, Canada
What is the test for construing a statute for a unanimous court?
California, United States of America
Does the majority of the Supreme Court of Canada have any power or authority to determine whether a crime committed by an ethnic minority was committed on account of race?
MultiRegion, United States of America
Is a cold storage facility a "public service" for the public?
British Columbia, Canada
Does the record need to show who requested the instructions?
California, United States of America
In what circumstances will the prosecution be able to admit to admitting a tape of a defendant who is not a witness to cross-examination?
MultiRegion, United States of America
What is the effect of a retrial of an allegation of mental health addiction in a medical malpractice case?
California, United States of America
What is the consequence of a tenant's failure to comply with the terms of a lease?
Saskatchewan, Canada
What is the duty of a judge to suspend trial proceedings and conduct a competency hearing?
California, United States of America
What is the test for finding that a pat-down search conducted by an off-duty police officer was consensual?
MultiRegion, United States of America
Are there any cases where a subpoena was served at two different addresses?
MultiRegion, United States of America
Under what circumstances will a judge order an independent review of the record?
MultiRegion, United States of America
What is the effect of a demurrer in a second amended complaint?
California, United States of America
Can a jury's verdict be vacated and a new trial ordered?
California, United States of America
What are the evidentiary rulings for abuse of evidentiary in a deportation case?
MultiRegion, United States of America
If a plaintiff fails to fix his complaint, can a federal court convert dismissal into dismissal of the entire action?
MultiRegion, United States of America
What is the test for a copyright infringement claim?
MultiRegion, United States of America
What is the test for determining whether a statement was illegally obtained?
California, United States of America
What is the legal test for finding a defendant guilty of assault with a deadly weapon and assault with force likely to cause great bodily injury?
California, United States of America
Is there any case law where a defense counsel is asleep during the trial?
MultiRegion, United States of America
Can a court award damages for mental distress for emotional distress resulting from a breach of contract?
British Columbia, Canada
What are the instructions given to the jury in a sexual assault case?
California, United States of America
Can a prosecutor comment directly or indirectly on an accused's right to silence?
California, United States of America
How has the workers' compensation bar been interpreted in the context of claims by a medical clinic to recover expenses for medical treatment to injured workers?
California, United States of America
What is the test for an aider and abettor in a murder case?
California, United States of America
How have courts treated allegations of judicial bias?
California, United States of America
Can a plaintiff sue for damages in federal court against a state, its agencies and state officials in their official capacities?
MultiRegion, United States of America
What are the consequences of a defendant's failure to pay court fees, assessments and fines?
California, United States of America
What is the test for an injury claim?
MultiRegion, United States of America
How have courts rejected an objection from counsel in a civil case?
California, United States of America
Does the administrator of a deceased's estate have an affirmative duty to marshal the estate's assets?
California, United States of America
When a post-Booker defendant qualifies for the federal safety valve, does he have to tell the federal government everything he knows about the crime?
MultiRegion, United States of America
What is the test for success in a multi issue family law case?
British Columbia, Canada
Does a federal district court commit reversible error by failing to give a jury a self-defense jury instruction?
MultiRegion, United States of America
Is a judge required to sign a reporter's transcript?
California, United States of America
In a criminal case, in what circumstances will the trial court grant a request to instruct on the general principles of law relevant to the issue?
California, United States of America
What is the legal test for retaining a deposit in a real property transaction?
British Columbia, Canada
Can a negative job reference give rise to a claim of discrimination with respect to employment?
Ontario, Canada
How is the standard of review applied in awarding attorney's fees for abuse of discretion?
MultiRegion, United States of America
What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment?
Saskatchewan, Canada
What is the standard of review for admitting evidence of a "gang banger" in a criminal case?
California, United States of America
What is the test for a finding of actual or likely hardship and inconvenience caused by the registration of CCPLs?
British Columbia, Canada
What is the test for restitution under the Criminal Proceeds of Crime Act?
MultiRegion, United States of America
Is there a case in which the issue of human rights was not discussed?
Ontario, Canada
What is the relationship between a vendor and purchaser?
Nova Scotia, Canada
Does section 654 of the California Criminal Code preclude punishment for both burglary and theft where the crime was committed based on intent to commit the crime?
California, United States of America
What are the purposes of a patent for a combination of two elements?
MultiRegion, United States of America
Does a young person’s intoxication at the time of the robbery constitute a mitigating factor?
Manitoba, Canada
What is the test for obtaining a fishing rod and reels from a shoplifter who entered the shop with the assistance of a police officer?
California, United States of America
Can a federal judge order a reduction in the sentencing guideline range?
MultiRegion, United States of America
What is the current state of the law on garnishment and seizure of a person's personal property?
California, United States of America
Is pimping a crime of moral turpitude?
California, United States of America
What is the test for ineffective assistance in a personal injury case?
California, United States of America
What is the test for sealing all or any part of a search warrant affidavit?
California, United States of America
What is the range of damages a plaintiff can expect in a motor vehicle accident?
British Columbia, Canada
Is there substantial evidence to support the first degree felony-murder conviction?
California, United States of America
How has the Court considered the effect of the search conducted by the police during the search?
British Columbia, Canada
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
Is a warning by a law enforcement officer that it is the last chance for the suspect to cooperate violate the Miranda?
California, United States of America
What is the test for mixed fact and law?
British Columbia, Canada
What is the test for establishing a "clearly established" state law?
MultiRegion, United States of America
Can a police officer use deception to coerce a suspect into giving a false confession?
MultiRegion, United States of America
Are there any cases where a defense counsel refused to contest a prosecutor's description of their appearance?
California, United States of America
What is the test for filing a supplemental complaint in a civil case?
MultiRegion, United States of America
Can a purported expropriation be a nullity?
British Columbia, Canada
Can a prosecutor make an election in a criminal threat case where there is only one threat?
California, United States of America
What is the "reasonable value of services" standard for a severance claim?
federal, United States of America
Does section 77(1) of the Rules of Civil Procedure apply to a plaintiff's accident report?
Alberta, Canada
Is it in the best interest of a child to be in the care of a parent who is happy?
Ontario, Canada
What is the test for the Attorney General to be able to bring a civil action against a corporation in the absence of a showing of extreme and indefensible abuse?
California, United States of America
What is the test for treating a mentally ill inmate with antipsychotic drugs against his will?
MultiRegion, United States of America
What is the burden of proof under Proposition 47 of resentencing?
California, United States of America
Is an examination for discovery required by way of videoconference rather than in person during COVID-19?
Ontario, Canada
What factors will be considered in determining fair and reasonable fees?
British Columbia, Canada
What is the case law in favour of the federal government in the context of civil liberties?
MultiRegion, United States of America
What is the relevant delay for a renewal application brought after the period when the Writ (or Notice of Claim) has expired?
British Columbia, Canada
What is the standard of review applied by a court to a motion for judgment of acquittal?
California, United States of America
What is the procedure the prosecution must follow when confronted with a request by a defendant for the personnel files of testifying officers?
MultiRegion, United States of America
What is the standard of review applied in a settlement agreement?
California, United States of America
What is the test for determining whether a plaintiff's claim against the federal government can be asserted on an earlier appeal?
MultiRegion, United States of America
Does the doctrine of part performance apply to estoppel?
Alberta, Canada
Does a defendant have a right to challenge notice of criminal charges at a preliminary hearing?
MultiRegion, United States of America
Can an employee be deemed "reemployed" under section 13443 of the California Civil Code?
California, United States of America
Can a Minister or a civil servant be deemed confidential?
Canada (Federal), Canada
What are the six elements of securities fraud?
MultiRegion, United States of America
What procedural errors may constitute for a reversal of a judgment against G&S?
Ontario, Canada
What is the current state of the law on rectum searches in prison?
MultiRegion, United States of America
What is the current state of the law on subrogation?
British Columbia, Canada
Is there any case law where a jury found an allegation of gang membership not true?
California, United States of America
In a common law misrepresentation claim, does reliance need to be an essential element?
Ontario, Canada
What is the test for abuse of power, capricious or patently absurd?
California, United States of America
What is the test for determining whether the facts of a sexual assault can be proven in a civil case?
California, United States of America
What is the test for a spousal support award based on compensatory support?
British Columbia, Canada
Is a search by a police officer incidental to an arrest a reasonable search?
British Columbia, Canada
Does the Superintendent of Motor Vehicles have an obligation to consider the economic impact of the loss of a driver's privilege?
British Columbia, Canada
Does a state-prison employee act under color of state law?
MultiRegion, United States of America
What is the effect of the rule of exclusion and reversal when it comes to the prosecution of criminal charges?
California, United States of America
In what circumstances will a plaintiff be able to recover from a loss of income as a result of the loss of occupancy in a condominium?
Nova Scotia, Canada
Can a defendant argue that a statement made by defendant to a witness was inadmissible under the California Evidence Code?
California, United States of America
What are the principles of compensation under the Divorce Act?
Ontario, Canada
Can a defense counsel use statements that contradict the testimony of a witness in a civil case?
"New York", United States of America
What are the elements of a conviction for mail and wire fraud?
MultiRegion, United States of America
What is the effect of section 1538.5, subdivision (i) of the California Criminal Code, when a motion to suppress evidence is denied?
California, United States of America
What is the test for a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
Can a criminal court exclude evidence obtained in violation of a provincial statute?
Ontario, Canada
Does a plaintiff have a right to sue for damages arising from latent injuries?
California, United States of America
What is the test for the meaning of a rule that bars a person from entering into a marriage where the husband is married and the wife is married?
California, United States of America
Is voluntary manslaughter a lesser included offense of murder?
California, United States of America
Is a police officer required to stop at the door of a house to knock and announce their purpose?
California, United States of America
Can a plaintiff bring a tort claim after the limitations period has expired?
California, United States of America
What is the test for a plaintiff in a tortfeasor's negligence action?
British Columbia, Canada
What is the test for determining whether a statement made under Section 1001 of the Criminal Code is "literal truth" even if it is technically false?
MultiRegion, United States of America
What are the costs of a motion brought by the Applicant and Respondent?
Ontario, Canada
What is the judicial approach to determining whether qualified privilege should be recognized?
British Columbia, Canada
Does the indirect effects of an illegal search or arrest need to be suppressed?
MultiRegion, United States of America
Is a jury entitled to a presumption that drugs were used to convict a defendant of 185 counts of rape?
California, United States of America
Can an affidavit cure the overbreadth of a search warrant?
MultiRegion, United States of America
What is the current state of the law on the production and possession of indecent images of a minor?
MultiRegion, United States of America
What is the limitation period for a wrongful termination claim?
MultiRegion, United States of America
What is the test for discrimination in the context of equality before the law?
Saskatchewan, Canada
What is the test for knowingly or intentionally manufacturing, distributing, or possessing, a controlled substance?
MultiRegion, United States of America
What is the standard applied by a court to grant a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
What is the test for warrantless entry by the police into a house?
California, United States of America
What is the standard of review applied to a motion to suppress a statement under Miranda?
California, United States of America
What is the effect of the sentencing reform act on appellate review of federal sentences?
MultiRegion, United States of America
What is the appropriate remedy for a breach of contract for the disposition of land?
British Columbia, Canada
In a medical malpractice case, in what circumstances will a physician be permitted to restrict disclosure to a patient who may override his expert opinion?
California, United States of America
What is the effect of the Final Rule on physical separation in the context of Title X?
MultiRegion, United States of America
How have the courts dealt with the search of heroin at LaGuardia Airport?
MultiRegion, United States of America
What is the test for a motion in s. 137.1(4)(b) to balance freedom of expression against the general public interest?
British Columbia, Canada
What is the test for refusing to violate a statute?
MultiRegion, United States of America
