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 standard of review in a personal injury case?
British Columbia, Canada
What is the test for finding fraud under Section 523(a)(2)(A) of the Bankruptcy and Insolvency Act?
MultiRegion, United States of America
What is the test for determining whether a jury's error was unimportant?
California, United States of America
Can Collicott obtain a search warrant for a methamphetamine lab in violation of a warrant issued without probable cause?
MultiRegion, United States of America
What is the test for respecting a separation agreement made by a husband and wife on division of their property?
Ontario, Canada
Is a state court bound to rule on the merits of a federal claim?
MultiRegion, United States of America
What is the difference between soft tissue injuries and depression?
British Columbia, Canada
What is the test for an abuse of discretion on appeal?
California, United States of America
What constitutes a detention under the Fourth Amendment?
California, United States of America
Is criminal negligence an element of the crime of inflicting unjustifiable physical pain or mental suffering on a child?
California, United States of America
Does a temporary exclusion of appellant's family members during trial affect the integrity of the trial?
California, United States of America
How has the language of the indictment been interpreted in the context of the charge of possession of illegal art objects?
MultiRegion, United States of America
What is the test for determining whether a claimant’s share of interest in a claim is equal?
British Columbia, Canada
What is the test for possession of a firearm, deadly weapon or explosive?
California, United States of America
What is an associated crime for kidnapping?
California, United States of America
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation?
California, United States of America
What is the burden of an applicant seeking to cancel or reduce arrears?
British Columbia, Canada
What is the effect of a finding of title by prescription?
Ontario, Canada
What is the standard for reviewing a court's findings of fact concerning value of property?
federal, United States of America
What is the balancing of the public interest served by the police conduct and the liberty interest interfered with by that conduct?
British Columbia, Canada
What is the test for treating an allegation of sexual assault as true?
MultiRegion, United States of America
What factors will the courts use to determine whether a mandatory minimum punishment under section 12 of the Charter is disproportionate?
British Columbia, Canada
How have courts interpreted the test for determining a claim for disability benefits under the doctrine of overwhelming majority?
MultiRegion, United States of America
What is the test for suspicion of persuasion?
British Columbia, Canada
Is a condominium corporation bound by its own bylaws or bylaws?
Alberta, Canada
What are the requirements for a class action?
Ontario, Canada
What is the test for determining whether a plaintiff has discriminatory reasons for using a taxi?
British Columbia, Canada
What is the test for a prothonotary order in an appeal?
Canada (Federal), Canada
Can the court limit the extent of the evidence of domestic violence at trial to avoid any spillover effect on the outcome of the gang-related murder case?
California, United States of America
In what circumstances will a police officer have probable cause to search and arrest a man who has recently smoked marijuana?
California, United States of America
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages?
California, United States of America
What is the scope and scope of section 65(1)(f) of the Rules of Civil Procedure for Divorce?
British Columbia, Canada
Does a prior conviction of battery upon a police officer constitute moral turpitude?
California, United States of America
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act?
British Columbia, Canada
In what circumstances will the court strike evidence in a pleading?
Ontario, Canada
Does a waiver of a trial by jury apply?
California, United States of America
What is the test for exhaustion in the context of habeas review?
MultiRegion, United States of America
Is possession with intent to distribute a "continuing" crime?
MultiRegion, United States of America
Is a widow entitled to half the proceeds of her husband's life insurance policies?
California, United States of America
What is the law society of BC's discipline process?
British Columbia, Canada
Is an employer liable if an employee or agent goes off on some frolic unrelated to their duties?
Alberta, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime?
California, United States of America
What are the factors used in determining a disposition order granting permanent custody to the Director of Children's Services?
Prince Edward Island, Canada
Does appellant have a cause of action for negligent misrepresentation?
California, United States of America
Does every element of the offense violate the doctrine of proven beyond a reasonable doubt?
MultiRegion, United States of America
Does the participation of more than one attorney in a civil case constitute a duplication of effort?
MultiRegion, United States of America
What is the test for providing a jury with a definition of a common law term?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for a motion to vacate a bail bond for abuse?
California, United States of America
Is a pre-foreclosure action a "table funded" action?
California, United States of America
What is the test for criminal threats under section 422 of the Criminal Code?
California, United States of America
Can the police prevent petitioner from obtaining an additional test for his blood alcohol level?
California, United States of America
What is the standard of review for a motion to suppress evidence?
California, United States of America
What is the effect of venue and statute of limitations on sexual assault cases?
MultiRegion, United States of America
What is the test for establishing that a criminal charge has a corpus delicti?
California, United States of America
What is the limitation on time limits in collective agreements?
Canada (Federal), Canada
When will a cross-examination be allowed in relation to an informer’s activities in unrelated police investigations?
Ontario, Canada
What is the test for credibility of evidence in a civil case?
California, United States of America
What is the current state of the law on notice of failure to give notice of an application?
MultiRegion, United States of America
In what circumstances will the Attorney General argue that a defendant's retrial of his intent to commit a criminal offence would violate the constitutional prohibition of double jeopardy?
California, United States of America
Does a Notice of Intention to Proceed constitute a step in the litigation process?
British Columbia, Canada
Does a unilateral dissolution of a partnership violate the terms of the partnership agreement?
"New York", United States of America
Is a person enrolled in a full-time university course not available for work within the meaning of EI?
Canada (Federal), Canada
What is the test for s.32(2) of the Criminal Code of Canada?
Ontario, Canada
What is the test for a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
Does the Federal Trade Commission have the power to restore the status quo in a merger or acquisition case?
MultiRegion, United States of America
What factors are relevant to the prosecution's argument to the jury in this case?
California, United States of America
What instructions have been given to a jury in a civil case?
MultiRegion, United States of America
Can a search for weapons be used as a protective search?
MultiRegion, United States of America
What is the test for awarding attorney's fees for an abuse of discretion?
MultiRegion, United States of America
Is it appropriate for a complainant to file a complaint against a university for medical confirmation of a disabling condition?
British Columbia, Canada
How much evidence is required to prove the value of contraband seized in a possession seizure?
MultiRegion, United States of America
What is the test for proving undue influence?
California, United States of America
What is the state of the law on warrantless searches?
MultiRegion, United States of America
Does the Attorney General have any grounds to dismiss a claim against counsel for failing to object to the precise language in a school lesson?
California, United States of America
What is the current state of the law on the basis of probable cause?
California, United States of America
What is the standard of review of a trial judge's findings of fact on appeal?
British Columbia, Canada
Does the common law need to be developed beyond procedural safeguards?
Canada (Federal), Canada
What is the test for admitting identification evidence in a civil case?
MultiRegion, United States of America
Does a local board member have to be a resident of the area over which they have jurisdiction?
MultiRegion, United States of America
What is the test for obtaining a search warrant under s. 8 of the Charter for search and seizure?
British Columbia, Canada
Is there substantial evidence supporting a finding that defendant was guilty only of simple assault?
California, United States of America
How does the appellate court review a final administrative decision?
California, United States of America
What is the test for dismissing a strike?
California, United States of America
Can a plaintiff amend the statement of claim to assert constructive dismissal damages?
Ontario, Canada
What is the test for presenting substantial exculpatory evidence to a grand jury?
MultiRegion, United States of America
What is the test for a plaintiff to prove a duty of care in a tort action?
California, United States of America
What is the impact of having a child on the validity of a marriage?
Canada (Federal), Canada
What is the legal test for an application to have a matter determined to be urgent?
British Columbia, Canada
What is the appropriate date for setting a date for a claim against a payor parent?
British Columbia, Canada
What is the appropriate hourly rate for an attorney to charge in a personal injury case?
MultiRegion, United States of America
What is the range of damages for wrongful dismissal?
Nova Scotia, Canada
What is the test for having an honest belief that the conduct of students was such as to deserve discipline?
Saskatchewan, Canada
What is the test for a motion to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6)?
MultiRegion, United States of America
Can a plaintiff as dominant driver be held liable for failing to stop at a stop sign?
Alberta, Canada
Can a judge grant a conditional new trial order in a case where the only issue litigated in the second trial was damages?
California, United States of America
What is the impact of relying solely on medical opinion?
British Columbia, Canada
What is the test for exclusion of evidence in a criminal case?
California, United States of America
How have courts treated deficient performance by counsel?
California, United States of America
Can a motion under section 1054.9 be made in anticipation of filing a petition for habeas corpus?
California, United States of America
What is the timeliness of a Rule 11 motion?
MultiRegion, United States of America
Does the natural watercourse rule apply to the discharge of surface water into natural waterways?
California, United States of America
What is the test for invoking the so-called 'triangulation rule'?
California, United States of America
What factors are considered in a human rights appeal?
Saskatchewan, Canada
What is the test for determining a jury verdict in a civil case?
California, United States of America
When will a court order the closure of a residential facility where the Respondent's family members reside?
Ontario, Canada
What are the implications of a federal court's decision to confirm an arbitration award de novo?
MultiRegion, United States of America
Can a defendant be punished for each crime committed against a different victim?
California, United States of America
What is the need to assess the totality of the circumstances and what is the impact of the "totality" of an informant’s tip?
Newfoundland and Labrador, Canada
What is the test for a de novo review of a voter initiative?
California, United States of America
What is the impact of a judicial decision on the management of public funds?
Yukon, Canada
Can a driver of a vehicle that could not be insured be convicted of driving without insurance?
British Columbia, Canada
Is a preliminary inquiry judge entitled to exclude evidence under s. 24(2) of the Criminal Code?
British Columbia, Canada
What is the legal test for committal under s. 475(1) of the Criminal Code?
Manitoba, Canada
What is the meaning of the term accretion?
Alberta, Canada
What is the test for a judge to stay execution of a sentence under section 654 of the California Criminal Code?
California, United States of America
What are the alternative allegations of assault, battery and trespass?
New Brunswick, Canada
Does Section 654 of the Criminal Code apply to a conviction for possession of a loaded and operable firearm by a convicted felon?
California, United States of America
Does new section 777 of the California Criminal Code retroactively bar convicted felons from possessing a concealable firearm?
California, United States of America
What is the test for a failure to file an income tax return under section 7203?
MultiRegion, United States of America
What is the test for a statement of damages in a personal injury action?
California, United States of America
Is it inappropriate for this court to make findings of fact with regard to American law without expert evidence?
Nova Scotia, Canada
What material beyond the pleadings on a Rule 12(b)(6) motion?
MultiRegion, United States of America
What is the test for providing a jury with a full and complete set of instructions in a personal injury case?
California, United States of America
Can a plaintiff pursue the same claim in the same forum following a dismissal?
MultiRegion, United States of America
Does the default formula apply when a plaintiff has failed to show all factors necessary to warrant application of a default formula?
"New York", United States of America
Is a defendant entitled to credit his federal sentence for time that has been credited against his prior state sentence?
MultiRegion, United States of America
Is the sale of a physiotherapy licence by an individual separate and distinct?
Ontario, Canada
Does Belcher hold that the equal protection mandate was not violated by a provision of the Social Security Act which required deductions from disability benefits to offset workmen's compensation payments?
MultiRegion, United States of America
Is Husband's due process claim forfeited if it is not raised in his opening brief?
California, United States of America
What constitutes independent legal advice for purposes of a transaction?
British Columbia, Canada
Can police officers make plain view seizures of contraband if they accompany an arrestee into a room after making an arrest?
MultiRegion, United States of America
What is the test for applying to set aside a judgment?
British Columbia, Canada
Is a search made as a matter of military law unconstitutional?
California, United States of America
What constitutes breach of the implied covenant of good faith and fair dealing?
California, United States of America
Does an affidavit that was made after the statutory period of limitation apply to a motion for a new trial?
California, United States of America
What is the current state of the law on withdrawal of an application?
MultiRegion, United States of America
In what circumstances will the court order that a defendant be assessed for non-payment of a vehicle tax assessment?
California, United States of America
Is there a time limit for serving notice of appeal or submitting an application for an extension?
Canada (Federal), Canada
Is there any case law that supports the principle that damages for personal injury are predictable and uniform?
Alberta, Canada
What is the test for a plaintiff's claim that he was ordered to pay a restitution fine, fees and other assessments without determining his ability to pay?
California, United States of America
What is the test for establishing a resulting trust when there are common law spouses?
Ontario, Canada
What is the test for a defendant to be found guilty of voluntary manslaughter in a case of imperfect self-defense?
California, United States of America
What is the test for a "token or nominal offer" under section 998 of the California Civil Code of Civil Procedure?
California, United States of America
Is a defendant entitled to withdraw his plea on the grounds that the court failed to advise him of the mandatory permanent revocation of his driver's license?
California, United States of America
What is the test for appellate review of an order granting a new trial?
California, United States of America
What is the test for abuse of power in sentencing cases?
California, United States of America
When is a visa officer's notice of concern required in a visa application?
Canada (Federal), Canada
What is the effect of post-conviction court records on a motion to dismiss?
MultiRegion, United States of America
What is the test for impeaching a defendant for possession of a firearm?
MultiRegion, United States of America
What is the difference between a patent and a copyright?
federal, United States of America
What are the factors used to determine whether a motion can be stayed?
MultiRegion, United States of America
What is the impact of a parent's aggressive conduct towards their children?
Nova Scotia, Canada
Does a party have a prima facie right to select the representative it wishes to examine?
British Columbia, Canada
What is the test for a parent to be deemed unfit to care for their child?
Ontario, Canada
What is the current state of the law on special instruction in the defence of eyewitness identification?
British Columbia, Canada
What is the test for "objectively reasonable" use of force under the Fourth Amendment?
MultiRegion, United States of America
Does a party have to retain the services of a litigation expert for the purpose of the purposes of the litigation?
Ontario, Canada
What constitutes an act of adoption under Rule 801(d)(2)(A)?
MultiRegion, United States of America
What is the test for assessing the risk and impact of liability in a medical malpractice case?
California, United States of America
What is the test for duress or coercion in obtaining a consent order?
British Columbia, Canada
When will a motion for particulars be granted?
Ontario, Canada
Does the failure to cross-examine a witness on a specific issue tend to support an inference that the opposing party accepts the witness’ evidence on that specific issue?
Newfoundland and Labrador, Canada
What is the standard of proof laid upon a defendant asserting accord and satisfaction?
Alberta, Canada
What is the legal test for a motion to stay a motion for a stay of execution?
Ontario, Canada
Is a juvenile parole officer allowed to testify at trial?
MultiRegion, United States of America
What is the test for a judicial order for the sale of a property prior to trial?
Ontario, Canada
What is the test for determining whether a husband and wife are living separate and apart?
Ontario, Canada
Can a defendant be punished for more than one act within the meaning of section 654 of the Criminal Code?
California, United States of America
What is the test for constructive possession of a prohibited substance?
MultiRegion, United States of America
What is the current state of the law on the interpretation of substantive statutory provisions?
Ontario, Canada
Can a duty judge recusal from a matter where there is evidence of bias?
Manitoba, Canada
What is the test for an application to vary child support?
British Columbia, Canada
What is the test for an award of attorney's fees in a personal injury case?
"New York", United States of America
What is the test for determining whether an operative pleading states a cause of action?
California, United States of America
What is the "plain meaning" meaning of a statute?
California, United States of America
Is a defendant entitled to a new trial if he received ineffective assistance of counsel?
California, United States of America
What is the employer’s position on sexual harassment of a male employee?
British Columbia, Canada
What is the test for following a court order?
Ontario, Canada
Can an offer to settle be considered when exercising its discretion in the matter of costs?
British Columbia, Canada
What is the test for reasonable doubt in a circumstantial case?
Ontario, Canada
What is the difference between a joint account and right of survivorship?
"New York", United States of America
What is the limitation period for obtaining a writ of claim against a defendant?
Saskatchewan, Canada
What is the test for a motion for personal injury relief?
California, United States of America
What is the test for a stay of execution of an application for an application to stay in Canada?
Canada (Federal), Canada
What is the test for establishing that a party has evidence to support their claim?
Saskatchewan, Canada
What is the burden of proving standing?
MultiRegion, United States of America
Can a defendant be convicted of an offense against an officer engaged in the performance of official duties unless the officer was acting lawfully at the time?
California, United States of America
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal?
California, United States of America
What is the test for a jury to determine whether a defendant has met their burden of proof based only on evidence presented at trial?
California, United States of America
What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education?
Northwest Territories, Canada
What is the test for using a temporary stay?
British Columbia, Canada
What is the test for reinstatement of a criminal conviction under Section 30(1)(e) of the Criminal Code?
MultiRegion, United States of America
Does section 3003.5(b) of the California Code of Civil Procedure restrict sex offender registration requirements for the purposes of the ex post facto clause?
California, United States of America
Is a plaintiff required to “turn over every stone” in order to identify the other party that is highly unlikely to produce any results?
British Columbia, Canada
What is the verdict form in the case of First Degree Murder?
California, United States of America
How has the Court considered a motion to reduce a defendant's criminal threat conviction to a misdemeanor?
California, United States of America
What is the standard of review in the context of police misconduct cases?
Ontario, Canada
Is there a common law duty of procedural fairness lying on every public authority that makes an administrative decision?
British Columbia, Canada
