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.
Can a defendant argue that a common defense strategy is improper?
California, United States of America
In what circumstances will the New York City Police force to arrest and charge a person for taking pictures inside a police precinct?
"New York", United States of America
What are the considerations for tax purposes for the taxation of a solicitor’s account?
Nova Scotia, Canada
Can a 1985 and 1986 option agreement be invalid and unenforceable?
Saskatchewan, Canada
What is the test for dismissing an in forma pauperis action sua sponte?
MultiRegion, United States of America
Is a Master's Order a final order?
British Columbia, Canada
What is the test for credibility in the context of a finding of insufficient evidence in a personal injury case?
California, United States of America
What is the test for establishing a resulting trust beneficiary for a property owned by the would-be beneficiary?
Manitoba, Canada
When will a judge order a verdict in favour of a demurrer?
MultiRegion, United States of America
Is a motion to extend time for service of a statement of claim in a motor vehicle accident just a "just resolution" of the claim?
Ontario, Canada
How have the courts treated the issue of standing in relation to searches and seizures?
California, United States of America
What is the test for a final order in a family law case?
Ontario, Canada
Can a strata corporation add additional parties to its counterclaim and a third party claim?
British Columbia, Canada
What is the test for an individual to be found in breach of s.15(1) of the Criminal Code of Canada?
British Columbia, Canada
What is the impact of the use of the police on access?
Ontario, Canada
In a medical malpractice case, can an expert's professional judgment be based solely on third-hand information?
Ontario, Canada
Does section 13 of the Charter protect against self-incrimination through the use of previous testimony?
Ontario, Canada
Is there an abuse of discretion in a domestic violence case where a defendant has admitted violence against a single victim?
California, United States of America
What is the impact of cloud computing on privacy concerns?
California, United States of America
How have the courts interpreted jury instructions in a sexual assault case?
California, United States of America
How have courts interpreted the doctrine of presumption in support of a judgment?
California, United States of America
How have the Complainants argued that discriminatory enforcement of regulations constitutes a "service" within the meaning of the Human Rights Act?
Nova Scotia, Canada
What is the standard of review for a decision of an administrative tribunal?
Saskatchewan, Canada
Can a probation officer obtain access to a defendant's social media accounts without the consent of his probation officer?
California, United States of America
What is sufficient to impeach a witness in a sexual assault case?
California, United States of America
What is the impact of escalating costs and proportionality?
Ontario, Canada
What is the test for a constitutional duty to consult in this treaty?
Yukon, Canada
Can a defendant withdraw a guilty plea?
California, United States of America
What is the test for obtaining a Quieting Titles Certificate?
Prince Edward Island, Canada
What is the test for disc herniation?
British Columbia, Canada
What is the standard of review of a decision denying a disability application pursuant to a writ of administrative mandate?
California, United States of America
Does a plaintiff have to pay the cost of notice of a claim?
Ontario, Canada
What is the standard of review for determining the sufficiency of evidence to support a conviction?
California, United States of America
In what circumstances have agents of a bank been found liable for a defective banknote?
Saskatchewan, Canada
What is Respondent's laches defense?
"New York", United States of America
Does a defendant have a right to a jury trial if he fails to object to the discharge of his prior convictions?
California, United States of America
What is the test for personal injury based on public nuisance?
California, United States of America
What is the test for reversing a finding of guilty on appeal against a finding that a defendant was driving under the influence of alcohol?
California, United States of America
Are unaudited monthly financial statements or similar interim financial reports reviewed by the board of a condominium corporation considered core records?
Ontario, Canada
What is the remedy used by a court to dismiss a charge of assault against a defendant who was found guilty of assault by reason of prejudice?
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
How have courts interpreted the burden of persuasion in a termination of parental rights proceeding?
"New York", United States of America
Can a publication ban apply to exhibits filed in the course of a judicial proceeding?
Manitoba, Canada
Is the defense of diminished capacity as a result of voluntary intoxication relevant?
California, United States of America
What are the principles that underlie assessment of non-pecuniary damages?
British Columbia, Canada
What is the constitutional attack on the meaning of Section 5 of the Constitution in the context of Section 7(1) of the Civil Rights Act?
California, United States of America
Does a state court habeas petition pursuant to section 2244(d)(2) toll the running of the AEDPA statute of limitations?
MultiRegion, United States of America
What is the reason why a man driving a Tahoe 4x4 was stopped at a red light?
California, United States of America
What is the test for improper prosecution of a defendant's right to counsel?
California, United States of America
What are the findings of an independent review of the record?
California, United States of America
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel?
California, United States of America
What is the difference between conspiracy to commit murder and an attempted murder?
California, United States of America
What is the best interests of the child when the child is in the best interest of the parent?
Ontario, Canada
Does 2 Coulson have to disrobe under the Fourth Amendment?
MultiRegion, United States of America
What is the required showing for a claim to "relay on a qualifying new rule of constitutional law"?
MultiRegion, United States of America
What is the burden of demonstrating the invalidity of classification in this case?
California, United States of America
Does a defendant who violates the inmate assault statute necessarily also violate the lesser assault statute?
California, United States of America
Is there any reversible error in giving a jury an instruction of "willfully" or "revolving" in a criminal case?
California, United States of America
What is the current state of the law on the use of pepper spray by a police officer in a confrontation with a man with a knife?
MultiRegion, United States of America
What is a state criminal defendant entitled to the assistance of counsel?
California, United States of America
What is the case law on sexual assault where a defendant does not introduce evidence to prove consent?
California, United States of America
What is the test for determining whether a defendant is guilty of a specific crime?
MultiRegion, United States of America
What is the standard of review applicable when a plaintiff appeals from his or her award after a default?
California, United States of America
What are some out-of-pocket expenses that are reasonable and necessary?
MultiRegion, United States of America
What is the pleading in a personal injury case?
British Columbia, Canada
What is the test for determining that an appeal is frivolous?
MultiRegion, United States of America
Can a claim of ineffective assistance of counsel for failing to contend on appeal that evidence was insufficient to support a conviction be successful?
MultiRegion, United States of America
In what circumstances will the trial court allow a plaintiff to amend a third amended complaint?
California, United States of America
What is the current state of the law on the waiver of Miranda rights?
MultiRegion, United States of America
What is the standing test for a motion to suppress a search and seizure?
"New York", United States of America
Is a motion under section 995 of the Penal Code a determination of a factual issue relating to the merits of the case?
California, United States of America
Does a defendant have the right to present his own defense?
California, United States of America
What is the test for suppressing evidence seized from a search warrant?
MultiRegion, United States of America
What is the impact of a tenant’s repudiation of the agreement?
British Columbia, Canada
What is the test for determining whether a plaintiff's predominant intent was to obstruct pedestrian traffic?
MultiRegion, United States of America
Is a crime committed in association with a gang related?
California, United States of America
When will a judgment be enforceable against an out-of-jurisdiction defendant?
Ontario, Canada
What is the range of sentences available to appeal from a conviction for attempted murder?
California, United States of America
What is the impact of a long-term marriage on the provisions of the Marriage and Divorce Act?
Ontario, Canada
How have courts dealt with erroneous "expectation" instructions in a motor vehicle case?
California, United States of America
What is the current state of the law in relation to the issue of material evidence in perjury cases?
California, United States of America
What is the difference between a fair hearing and a criminal prosecution?
California, United States of America
What is the test for determining the weight of the evidence in a motion for a new trial?
California, United States of America
What is the test for establishing a taking claim in an inverse condemnation action?
California, United States of America
What is the test for relief from forfeiture?
Ontario, Canada
How have we interpreted jury instructions in a personal injury case?
California, United States of America
Does a prison officer have a constitutional right to inspect a prisoner's legal correspondence?
MultiRegion, United States of America
What is the impact of exclusion of evidence obtained from a search warrant obtained during an unlawful arrest?
Ontario, Canada
Can a litigant be imputed income if they fail or refuse to disclose their financial circumstances?
British Columbia, Canada
What is the test for a functional analysis of an action?
Alberta, Canada
What is the difference between a patent and a copyright?
federal, United States of America
What is the test for obtaining a hearing on a finding of probable cause under a search warrant?
MultiRegion, United States of America
What is the duty of a doctor to disclose to a patient?
British Columbia, Canada
Is there any authority for the proposition that only those parties to the interpleader issue have to contribute to contest adverse claims?
Saskatchewan, Canada
When will the court's use of the "viciousness and callousness" factor in an attempted murder case?
California, United States of America
What is the test for “failure to keep a proper lookout” in a motor vehicle accident?
Saskatchewan, Canada
What is the test for sentencing a convicted rapist to two consecutive sentences?
California, United States of America
Is a stay of a civil rights action pending exhaustion of his habeas remedies reviewable as a collateral order?
MultiRegion, United States of America
What is the test for reversal of a decision in a civil case?
California, United States of America
What is the test for establishing that a will was duly executed without the use of the presumption of due execution?
British Columbia, Canada
Can a plaintiff in a medical malpractice class action represent the class if they disagree with the course of the action?
MultiRegion, United States of America
Does the term "loss" include defense costs?
California, United States of America
What is the test for a plaintiff to bring a claim under Section 10(b) of the Securities and Exchange Act?
MultiRegion, United States of America
What are the consequences of a failure to properly apply the lodestar method when calculating the reasonable attorney fees attributable to a Labor Code claim?
California, United States of America
What is the test for establishing that a party to a motion has a valid claim against the petitioner in a civil case?
MultiRegion, United States of America
When an unverified opposition to a motion is unverified or unverified, does the court have any authority to dismiss the opposition?
California, United States of America
What is the test under section 352 of the Criminal Code of Ontario to assess the probative value of evidence?
California, United States of America
What is the test for determining whether a person can obtain a restraining order against a person who is not a spouse?
California, United States of America
What is the test for determining whether an allegation of sexual assault is true?
California, United States of America
Can a witness be cross-examined at a later hearing?
California, United States of America
What is the standard for determining whether a search was voluntarily consented to?
MultiRegion, United States of America
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend?
MultiRegion, United States of America
What is the current state of the law on the duty of a selling agent to verify or assess the accuracy of information given to a prospective buyer?
British Columbia, Canada
Is there any case law where the use of a chemical in a medical malpractice case has been successful?
"New York", United States of America
What is the test for cause for default in a personal injury case?
MultiRegion, United States of America
What are the standards for assessing the imposition of a sentence by the District Court?
MultiRegion, United States of America
What is the burden of proving a defendant's waiver of Miranda?
California, United States of America
What are the elements of active participation in a criminal street gang?
California, United States of America
Does the word "parent" in a statute need to be given its ordinary meaning?
Canada (Federal), Canada
Is class counsel entitled to fees and costs arising from the settlement of a class action?
MultiRegion, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
What is the standard for prejudice in a personal injury case?
California, United States of America
What is the test for 'reinforcing or otherwise bolstering' testimony by referring to evidence outside the record?
California, United States of America
Does the word "mandated" mean "required by law"?
California, United States of America
Does the general rule that an ambiguous taxing statute must be construed strictly in favour of the taxpayer apply only to administrative interpretations of the ambiguous tax statutes?
California, United States of America
Does a court have to determine "petitioner's eligibility for resentencing based on a record of conviction based on the record of the petitioner's eligibility to resentencing"?
California, United States of America
Does a defendant's silence and refusal to speak raise a reasonable doubt about his competency to stand trial?
California, United States of America
Is a motion to sever an abuse of power?
MultiRegion, United States of America
Is there a lack of medical necessity for the supplies provided?
"New York", United States of America
Is Hood entitled to a new ineffective assistance of counsel claim based on his attorney's failure to identify the bindle of white powder?
MultiRegion, United States of America
When a defendant is convicted of multiple charges arising out of the same act or omission, can the trial court stay execution of the sentence?
California, United States of America
Is a defendant entitled to an independent review of the record under People v. Wende?
California, United States of America
How has the exclusionary rule been interpreted in the context of past-down searches?
California, United States of America
What is the test for reviewing a decision by a district judge to reconsider an interlocutory order by another judge of the same court?
MultiRegion, United States of America
Is an expert who provides emergency medical services in an emergency room qualified to testify in a medical malpractice action?
California, United States of America
What is the test for determining whether a defendant is liable for injuries sustained as a result of a motor vehicle accident?
British Columbia, Canada
What is the test for a province to continue to have its own administrative structure?
Manitoba, Canada
What is the test for instructing a sua sponte on any defense including self-defense?
California, United States of America
Is there any case law where a plaintiff has been successful in an age discrimination action brought under the Age Discrimination in Employment Act?
MultiRegion, United States of America
What is the test for allowing third party culpability evidence in a criminal case?
California, United States of America
What is the test for excusing a juror from a jury?
California, United States of America
What is the legal test for establishing a factual basis for a charge of causing grievous bodily harm against a child?
California, United States of America
What is the standard of review for a due process notice issue?
California, United States of America
Is there any case law that supports the argument that the Eighth Amendment prohibits cruel and unusual punishment?
MultiRegion, United States of America
What are the consequences of a contract where the contract does not specify a specific amount of damages?
California, United States of America
Can a court overturn a finding that a toolbox containing marijuana was seized during a search at the home of a father and son?
California, United States of America
What is the test for misconduct in a criminal case involving comments made by a prosecutor before the jury?
California, United States of America
Does a direction of a trial of a issue under Rule 221 preclude a subsequent trial of outstanding issues remaining to be heard?
Alberta, Canada
What is the evidence supporting the jury's finding that the confined confines of the van were within the "kill zone" of the attack?
California, United States of America
What is the balance of probabilities test for assessing damages in a motor vehicle accident?
New Brunswick, Canada
How have the courts considered arguments raised for the first time in a reply brief?
MultiRegion, United States of America
Is a parent's right to inherit from a child born out of wedlock?
California, United States of America
What is the test for a "purely objective" inquiry?
British Columbia, Canada
Does section 1203.03.12 of the Probation Guidelines apply to a defendant's Fourth Amendment rights?
California, United States of America
Is apportionment required where a non-legislative position is filled by appointment rather than by election?
California, United States of America
Is the amendment to the California Civil Code of Civil Procedure Amendment retroactively retroactively applied to increase conduct credits for minor offenders who have been temporarily detained in local custody?
California, United States of America
What is the burden of proving that a party has met the moving party's burden?
California, United States of America
What are the consequences of a jury's failure to convict a defendant of assault with a deadly weapon?
California, United States of America
Does the term “ordinarily resident” in the Divorce Act, 1967-68 (Can.) c.24, c.26, apply to a person who is not actually resident?
Ontario, Canada
When will a probation report recommend that a defendant be denied probation and sentenced to two-and-a-half years in prison?
California, United States of America
In what circumstances will the trial judge not the defense counsel?
California, United States of America
What is the test for rectifying an error in a written agreement?
British Columbia, Canada
When will an expert be excluded from a jury trial for partiality and improper advocacy?
British Columbia, Canada
What is the legal test for having to have an oral hearing in a matter where there is a dispute between the parties as to how the leak occurred?
British Columbia, Canada
What is the test for making a hardship determination?
MultiRegion, United States of America
What is the test to determine if an ordinance is a valid exercise of police power?
California, United States of America
What action does a mortgagee in purchasing the mortgaged property at a tax sale place him in the position of holding the title, which he subsequently procures, subject to the right of the mortgagor to redeem?
Saskatchewan, Canada
In what circumstances will a court interpret as ambiguous?
Prince Edward Island, Canada
What is a "thing in action" under the Ontario Civil Code?
California, United States of America
What factors must be re-evaluated in light of new evidence to maintain an interim injunction?
British Columbia, Canada
Can a witness be impeached with evidence of a prior felony conviction?
California, United States of America
What are the characteristics of a "marital relationship"?
British Columbia, Canada
What is the burden of proof and what is the test to prove?
Ontario, Canada
Is there another source of knowledge to mitigate the prejudice caused by the delay in identifying a snow bank where the snow bank had become visible?
Ontario, Canada
What is the burden of proving fraud on the court?
MultiRegion, United States of America
Does the juvenile court have jurisdiction to hear and determine a motion to vacate an order that adjudges a person to be a ward of the court?
California, United States of America
Does a Statement of Defence need to be delivered in the Superior Court of Justice?
Alberta, Canada
Can a plaintiff who brings a defamation action for intentional infliction of emotional distress avoid the need to post a bond?
California, United States of America
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives?
California, United States of America
What is the test for determining whether a pretrial identification procedure violates a defendant's due process rights?
California, United States of America
Is there any case law where an expert has been charged with misconduct while engaged as an expert witness?
California, United States of America
What is the effect of a delay in making an application for a non-contact hockey league application?
Ontario, Canada
When will a jury be instructed on voluntary manslaughter in the heat of passion?
California, United States of America
Can a third party be held liable for tortfeasance under section 3856 and section 3860 of the California Civil Code?
California, United States of America
Is Coby Siikanen's appeal against a judgment entered upon his plea of guilty to possession of a controlled substance for sale an independent review of the record?
California, United States of America
What is the definition of gross negligence in animal cruelty cases?
California, United States of America
What is the range of damages for a plaintiff who sustained a fractured disc in a motor vehicle accident?
British Columbia, Canada
Does a plaintiff have abandoned all causes of action for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing?
California, United States of America
What is the test for determining whether a respondent's explanation of discriminatory practice is reasonable or satisfactory?
Canada (Federal), Canada
What is the test for representing a class in a class action?
British Columbia, Canada
Is battery upon a police officer a crime of moral turpitude?
California, United States of America
What is the evidentiary standard for a summary judgment motion in a child protection case?
Ontario, Canada
What is the relevant case law in the context of a non-Indian marriage?
Saskatchewan, Canada
Is there any case law in favour of combining derivative action with personal action?
Alberta, Canada
What is the test for deprivations in medical care?
MultiRegion, United States of America
How have mitigating factors been interpreted in sentencing cases?
California, United States of America
Does an evidentiary hearing have to be held in a habeas corpus proceeding?
California, United States of America
Does a defendant have a constitutional right to be shackled before a jury?
MultiRegion, United States of America
What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure?
Prince Edward Island, Canada
What is the scope of the allegation in a criminal indictment for a credit union fraud?
MultiRegion, United States of America
