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.
Does solicitor-client privilege apply where there has been a communication between solicitor and client?
Alberta, Canada
What is the definition of a right to effective representation by counsel?
California, United States of America
What is the test for an order for sale?
British Columbia, Canada
What is the law on the right to order a suspect out of his car with his hands up?
MultiRegion, United States of America
What factors will be considered in a retroactive spousal support application?
British Columbia, Canada
In what circumstances will a defendant be able to challenge his conviction and sentence if he failed to obtain a certificate of probable cause?
California, United States of America
What is the test for reducing the burden of proof?
California, United States of America
Is compelled execution of a handwriting exemplar a violation of privacy under the Fourth Amendment?
MultiRegion, United States of America
How has the Supreme Court of Canada considered “equality before the law” in the context of equal rights legislation?
Alberta, Canada
Does a claim for open file fees, photocopies, long distance calls, courier and postage should not be allowed?
Ontario, Canada
Can a motion to add a defendant after 26 days of discovery be made?
Ontario, Canada
Can allegations of reprehensible conduct against a lawyer be considered reprehensible?
British Columbia, Canada
What are the elements of the tort of malicious prosecution?
Nova Scotia, Canada
How can a claim be recast in respect of reversal of penalties and interests?
British Columbia, Canada
What obligation does a lower court judge have in the context of Sellars?
British Columbia, Canada
Does the "going and coming" rule apply to personal errands conducted during meal breaks?
California, United States of America
What remedies are available to prevent or prohibit the testimony of a witness in a civil case?
California, United States of America
Can a notice of appeal be dismissed or struck out?
Newfoundland and Labrador, Canada
Is there any case law or precedent for impeding on privilege?
Ontario, Canada
What is the test for a cruel or unusual sentence in a criminal case?
California, United States of America
Can the odor of marijuana in a parked car provide probable cause to search the car?
California, United States of America
Does a 40 year old employee have to seek medical attention for an ankle injury?
British Columbia, Canada
Does a corporation purchasing the principal assets of another corporation assume the predecessor's liabilities?
MultiRegion, United States of America
What is the standard of review to apply in a judicial review?
British Columbia, Canada
What is the current state of the law on cruel and unusual punishment in prison?
MultiRegion, United States of America
Does a prosecutor have a duty to present every item of arguably exculpatory evidence in seeking an indictment?
MultiRegion, United States of America
In what circumstances will a receiver and manager be appointed to a debtor's trust?
Saskatchewan, Canada
What is the test for "rational basis review" in the context of equal protection legislation?
California, United States of America
How have the courts interpreted the construction of this clause in the Construction of a Statement of Claim?
Ontario, Canada
What is the legal test for making an appearance by telephone rather than in person?
California, United States of America
What is the test for “obvious to try”?
Canada (Federal), Canada
What is the test for inferring causation from a temporal sequence?
British Columbia, Canada
What is the test for a decision to exclude evidence for abuse of discretion?
California, United States of America
Does the exclusionary rule in a personal injury case have to be considered "harmless"?
MultiRegion, United States of America
Does a defendant waive any claim of error by failing to object to the admission of a statement at trial?
California, United States of America
What is the test for determining whether petitioners have established a likelihood of success on the merits?
MultiRegion, United States of America
What is the standard of review for a claim of failure by a court to instruct on an uncharged offense?
California, United States of America
What factors will the court consider to determine whether a non-profit institution is exempt from taxation under the California Charities Act?
California, United States of America
Is a man who unlawfully kills a woman during the commission of a robbery or an attempted robbery guilty of first degree murder?
California, United States of America
Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime?
MultiRegion, United States of America
What is the test for summary judgment on a motion for extended society care where access to the mother is denied?
Ontario, Canada
How have courts dealt with forfeiture issues on appeal?
California, United States of America
How have the courts treated jury affidavits in the past?
California, United States of America
What is the probative value of evidence in a sexual assault case where the evidence is not related to the charged offence?
California, United States of America
In a motion to dismiss an allegation that he was not the actual perpetrator of the crime, what is the evidence supporting that he committed the crime?
MultiRegion, United States of America
What are the elements of actionable negligence?
Saskatchewan, Canada
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the state of the law in the context of civil litigation?
California, United States of America
Does the Court of Appeal have any authority to determine whether a plaintiff has been injured in a motor vehicle accident?
"New York", United States of America
How has the defence argued the voluntariness rule in a sexual assault case?
British Columbia, Canada
What is the difference between in-home assessment and orthopedic assessment?
Ontario, Canada
Can a motion to suppress identification evidence be heard after a mistrial has been declared?
California, United States of America
What is the test for reviewing evidence that is not in the scope of a Rule 12(b)(1) factual attack on plaintiffs' assertion of subject matter jurisdiction?
MultiRegion, United States of America
Are there any cases involving the introduction of a biometric scan system?
Ontario, Canada
Is kidnapping for robbery a violent crime for the purposes of section 1387.1?
California, United States of America
Is there any case law or case law concerning intent to defraud?
MultiRegion, United States of America
What is the meaning of “significantly unfair” in Strata Plan law?
British Columbia, Canada
What is the argument that the sexual assault statute violates the equal protection clause?
California, United States of America
What is the test for admitting evidence that does not directly establish an element of the charge?
MultiRegion, United States of America
What is the test for abuse of discretion under the hearsay exception?
California, United States of America
Can a waiver of attorney's conflict of interest be denied?
MultiRegion, United States of America
Does a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?
California, United States of America
What is the impact of a police enforcement clause in a custody application?
Ontario, Canada
What is the current state of the law on an application for anonymity?
Nova Scotia, Canada
What is the test for a motion to suppress evidence?
MultiRegion, United States of America
What is the hearsay rule in Canada, England, Australia and the United States?
Ontario, Canada
Does the Attorney General argue that the terms of a personal protection order do not infringe the privacy of the Respondent's right to liberty or security of the person?
Manitoba, Canada
When will a court order that a plaintiff be able to pursue a career in a different profession?
British Columbia, Canada
What is the test for "inherently improbable" evidence in a sexual assault case?
California, United States of America
What is the test for credibility of a witness in a civil case?
MultiRegion, United States of America
Does a common law common law judge have the authority to order a foreign divorce?
Ontario, Canada
How have the courts interpreted the knowledge elements of the money laundering statute?
MultiRegion, United States of America
What is the current state of the law in relation to the application?
Alberta, Canada
What is the definition of mens rea for having care or control of a motor vehicle?
British Columbia, Canada
Can evidence from a previous proceeding be tendered on behalf of a party?
Ontario, Canada
What is the test for a motion alleging a violation of appellant's due process rights?
California, United States of America
What constitutes a Pierringer Agreement?
Ontario, Canada
Is a bankruptcy trustee obligated to intervene in a pending action by or against the bankrupt?
California, United States of America
What is the test for a waiver of the right to jury trial?
California, United States of America
How has the law in England and Wales treated the issue of adultery in marriage?
Saskatchewan, Canada
Can facts to establish bias on the part of a witness be elicited on cross-examination and, if denied, may be independently proved?
Ontario, Canada
What is the test for credibility in a civil case?
California, United States of America
How has the collective agreement been interpreted with respect to negligence in the workplace?
British Columbia, Canada
Does a vehicle entering a controlled intersection with a green light have the right of way over vehicles facing a red light?
British Columbia, Canada
What is the quantum of a penalty for failing to comply with an administrative or regulatory scheme?
Canada (Federal), Canada
Can a wrongdoer be held liable to indemnify both parties?
British Columbia, Canada
Is there a conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is the test for an Eighth Amendment claim for inadequate medical care?
MultiRegion, United States of America
Is there any case law where a defendant who claims to have been unconscious for a period of time was able to drive a car in the middle of the road after the accident?
California, United States of America
Does a motion to quash service of summons for an officer of a foreign corporation have the effect of making a general appearance?
California, United States of America
Is a statement made by a police community support officer voluntary?
"New York", United States of America
What is the appropriate approach to determining whether the impugned provisions violate section 15 of the Charter?
British Columbia, Canada
What is the complexity of a defamation case?
British Columbia, Canada
How is a conviction for a crime of moral turpitude determined?
MultiRegion, United States of America
Is a defendant required to obtain a certificate of probable cause to appeal his no contest plea?
California, United States of America
What are the consequences of a court's failure to instruct sua sponte on a lesser included offense in a noncapital case?
California, United States of America
What is the role of a child advocate in a custody matter?
Yukon, Canada
Can a defendant be sentenced for both making a threat and dissuading a witness based upon the same threat?
California, United States of America
What is the test for judicial discretion in sentencing?
California, United States of America
What is the test for calling a lawyer as an expert witness in a personal injury action?
California, United States of America
In a sexual assault case involving a minor, what is the difference between a new allegation of sexual abuse and the original allegation?
California, United States of America
What is the test for determining whether a defendant has a mental state in the context of a crime?
California, United States of America
Can a claim for breach of a collective agreement be brought in superior court?
Saskatchewan, Canada
Is there any case law where a defendant has been found to have violated a plaintiff's constitutional rights by failing to provide an evidentiary justification?
California, United States of America
How do you get a small claim in small claims court?
California, United States of America
When there is no apparent motive in a criminal case, does the absence of apparent motive make the case less persuasive?
California, United States of America
What is the proper remedy to dismiss a claim without prejudice?
MultiRegion, United States of America
What is the (G)(1) factor for drug impairment in a murder case?
MultiRegion, United States of America
What is the test for interpreting a voter initiative, including one amending the state Constitution?
California, United States of America
How have courts interpreted interpretative regulations in the context of the communications industry?
MultiRegion, United States of America
How have we dealt with the issue of permissive inference in criminal law?
California, United States of America
Is the delay in obtaining legal counsel excusable?
British Columbia, Canada
When an unlawful killing occurs during the commission of an assaultive felony, can it be considered a second degree felony-murder instruction?
California, United States of America
What is the impact of the testimony of a medical professional on the issue of consent for an abortion?
California, United States of America
Is there any reason for a defendant to ask for a continuance or a mistrial?
California, United States of America
Does the Eighth Amendment permit the Government to end some offenders' lives?
MultiRegion, United States of America
Does a defense attorney have an obligation to object the prosecution's motion to introduce evidence of violence against a defendant?
California, United States of America
What are the principles governing the imposition of a civil contempt penalty?
British Columbia, Canada
What is the test for having a lawyer with a reasonable degree of rational understanding?
California, United States of America
Is a defendant barred from presenting evidence of his criminal history to support his diminished capacity defense?
California, United States of America
What are the consequences of a fiduciary's actions in a personal injury action against a beneficiary?
British Columbia, Canada
Are alter ego trusts a standard estate planning tool?
British Columbia, Canada
What is the state of the law on a motion to vacate default based on a declaration of neglect?
California, United States of America
How have the courts treated objections to paragraphs in the affidavits of the father in a custody/access matter?
Nova Scotia, Canada
Does a section of the New York State Criminal Code offer wide prosecutorial discretion to prosecute a defendant who has committed a similar crime but has not committed the same crime?
"New York", United States of America
How have the courts interpreted the terms of a plea agreement?
MultiRegion, United States of America
How have the Respondents dealt with allegations that they failed to maintain their hot water tank?
British Columbia, Canada
Can a defendant enter a plea of guilty to a capital felony over counsel's objection?
California, United States of America
What is the quantum of damages that would otherwise be deducted if a plaintiff suffered a psychological injury?
British Columbia, Canada
What is the test for a first degree drive-by murder?
California, United States of America
What is the current interpretation of the Recovery of Possession of Land Act?
Saskatchewan, Canada
Can a judge be found to have mistakenly signed a judgment?
California, United States of America
What is character evidence in a criminal case?
California, United States of America
Can a second action be dismissed because it includes the same parties and seeks the same relief?
MultiRegion, United States of America
Does a plaintiff have a right to record a defence medical?
Ontario, Canada
What is the value of a capital loss carry forward in the calculation of assets under the Family Property Act?
Manitoba, Canada
What is the test for validity testing in medical malpractice cases?
British Columbia, Canada
What is the legal test to determine whether a defendant should be sent to prison rather than on probation?
California, United States of America
What caused a defendant to ejaculate during a series of sexual assaults?
California, United States of America
What is an obligation of a dismissed employee to mitigate the losses arising from her dismissal by taking the steps that a reasonable and prudent person would take to find employment?
British Columbia, Canada
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What are the allegations of absence of clean hands?
Ontario, Canada
In what circumstances will section 246 of the Criminal Code prohibit the discharge of a firearm within a motor vehicle by a person standing outside the periphery of the vehicle?
California, United States of America
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 striking a claim?
British Columbia, Canada
Can a warrantless search of a parolee be conducted without a warrant?
California, United States of America
What is the test for establishing a “net worth” for income tax purposes?
Alberta, Canada
What is the case law and what is the relevant case law in relation to document production?
British Columbia, Canada
How does a non-citizen appeal against an adverse determination made by an asylum officer?
MultiRegion, United States of America
How has Section 1983 been interpreted in medical malpractice cases?
MultiRegion, United States of America
What is the impact of the standard in medical opinion on a patient’s health?
Alberta, Canada
What is the test for a variation of an order where a party is seeking to change the existing order?
Nova Scotia, Canada
Does a union have a duty not to discriminate impermissibly among its members?
MultiRegion, United States of America
What is the current state of the law on the doctrine of concurrent intent in cases where a bystander was shot and killed by a defendant who then intended to kill the intended victim?
MultiRegion, United States of America
What is the test for a trial court's discretion in deciding whether to grant relief to a plaintiff?
California, United States of America
What is the test for reasonable grounds to believe in a search?
British Columbia, Canada
In what circumstances will a defendant be found guilty of embezzlement from a corporation he created?
California, United States of America
Is a general law dealing with the administration of the estates of persons who may become bankrupt or insolvent?
Ontario, Canada
Can a minor be charged under section 1983 of the Criminal Code if he is arrested at the scene or at the arresting agency prior to his release?
MultiRegion, United States of America
What rights do prisoners have in association with each other?
MultiRegion, United States of America
Can a shopkeeper who fatally shot a teenage girl who may or may have been an alleged shoplifter be found to have acted as a result of provocation?
California, United States of America
In what circumstances will an attorney be required to provide an attorney's duty of care in drafting a will for the intended beneficiary?
California, United States of America
Does a master have made a last chance order?
Ontario, Canada
What is the appellant's burden to prove prejudicial error?
California, United States of America
Can a failure to instruct on the law of accomplices be reversible error?
California, United States of America
Can a prosecutor commit misconduct if they use deceptive or reprehensible methods to persuade the jury?
California, United States of America
What is the test for habeas relief from a guilty plea?
California, United States of America
What is the current state of the Indian community's position on tribal regulatory authority?
California, United States of America
What is the legal test for "knowing assistance" in a claim for constructive knowledge?
Ontario, Canada
What are the implications of an award of special costs in a personal injury case?
British Columbia, Canada
What is the meaning of the term "abuse of discretion" in this context?
MultiRegion, United States of America
What is the test for a motion for habeas relief in the Superior Court of Justice?
MultiRegion, United States of America
What is the test for probable cause for a search of a person with a history of heroin possession?
California, United States of America
Is there any basis to support a finding that the trial judge erred in principle by failing to take into account the impact of a motor vehicle accident on a young motorcyclist with chronic myofascial pain and fibromyalgia?
Nova Scotia, Canada
How have courts treated "poor trial tactics" in civil cases?
MultiRegion, United States of America
What is the test for determining whether a party is adequately represented under Rule of Civil Procedure 19(a)?
MultiRegion, United States of America
What is the test for admissibility of character evidence in a sexual assault case?
California, United States of America
What is the test for an amended cross-complaint?
California, United States of America
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence?
Ontario, Canada
Is a plaintiff’s mental health impairment a contributory factor in determining whether they are entitled to compensation for cleaning services provided to them?
British Columbia, Canada
What is the test for giving a jury instruction on the defense of transitory possession?
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
Can a trier of fact have found the essential elements of the crime beyond a reasonable doubt?
California, United States of America
What is the test for determining whether a criminal act was a natural and probable consequence of another criminal act?
California, United States of America
What is the complete list of names and last known addresses of witnesses in a criminal case?
California, United States of America
What is the argument that the detention of an alleged terrorist is not necessary in the public interest?
Ontario, Canada
What is the scope of a search warrant for a convicted sex offender who failed to register as a registered sex offender?
MultiRegion, United States of America
What is the test for a motion for a writ of habeas corpus?
California, United States of America
What is the effect of noncompliance with section 2923.5 of the California Civil Code with respect to wrongful foreclosure?
California, United States of America
What is the range of damages for loss of management skills in a motor vehicle accident?
Saskatchewan, Canada
Does a judge have the power to sentence a convicted rapist to a concurrent or consecutive sentence?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the effect of section 474 of the Ontario Criminal Code on the power of the courts?
"New York", United States of America
What is the test for liability under the natural and probable consequence doctrine?
California, United States of America
Is an award of attorneys' fees under the Brown Act reviewed for abuse of discretion?
California, United States of America
What is the burden of proving insufficient on all counts?
MultiRegion, United States of America
How have courts interpreted a caveat in a real estate transaction?
Saskatchewan, Canada
Does the fireman's rule apply to an injured police officer who was injured while pursuing a speeding motorist?
California, United States of America
How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested?
California, United States of America
What are the causes of action for negligence and intentional tort?
California, United States of America
