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 legal test for dismissal of a servant for verbal abuse by their master?
Saskatchewan, Canada
How have the courts treated the admission of evidence in a sexual assault case?
California, United States of America
What is the test for determining the voluntariness of a defendant's statement to law enforcement officers?
MultiRegion, United States of America
On a motion for writ of habeas corpus respecting the confessions of the accused, what is the effect of the allegations against the accused on the defence?
MultiRegion, United States of America
Can a defendant bring a motion to dismiss the information against him as an abuse of process?
Alberta, Canada
Does section 654 of the Criminal Code require a separate punishment for possession of a firearm while a convicted felon?
California, United States of America
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding?
California, United States of America
Does a defendant have to be morality to be considered a defense?
California, United States of America
What are the requirements for a judge to vary or cancel a child support order?
British Columbia, Canada
If a final account has been paid, can a client obtain an assessment order under s. 3(b) of the Assessment Guidelines?
Ontario, Canada
Does the Owner of a Strata Plan need to provide documentation in order to proceed with the application?
British Columbia, Canada
What is the impact of a mother's efforts to alienate her ex-partner from his daughter?
Ontario, Canada
Is a jury required to agree on a theory of first degree murder?
California, United States of America
What are the requirements for a jury to interpret jury instructions in a personal injury case?
California, United States of America
What is the test for obtaining a blood sample from a driver under the circumstances of a motor vehicle accident?
California, United States of America
What is the test for a writ of habeas corpus?
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
How have appellate courts dealt with a Defendant's appellate counsel's failure to find any arguable issues?
California, United States of America
Does a plaintiff have an obligation to receive treatment to reduce their damages?
British Columbia, Canada
When will the court allow a defendant's blood alcohol level to be considered relevant in determining whether he had the intent to evade a pursuing police officer?
California, United States of America
What are the elements of a breach of contract action?
California, United States of America
What are the elements of a stalking claim?
"New York", United States of America
What constitutes the practice of law in the context of a non-lawyer holding himself out to be an agent?
Alberta, Canada
Is there any case law where a prosecutor properly told a jury that mitigation was a factor in aggravation rather than aggravation?
California, United States of America
Can a restraining order be used to restrain speech that is not defamatory?
Ontario, Canada
What is the scope of a homeowner's right to do gardening?
California, United States of America
What is the test for spousal support under s. 15.2(4)(a) of the Divorce Act?
British Columbia, Canada
Is there any case law supporting a simple set off approach?
British Columbia, Canada
How have courts interpreted the modified pattern instruction on involuntary manslaughter?
California, United States of America
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights?
California, United States of America
Does reliance on Guerin apply to the defence of laches?
Ontario, Canada
What is the test for a judge's denial of a recusal motion for abuse of discretion?
MultiRegion, United States of America
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal?
California, United States of America
Does the Information Commissioner have the authority to determine that an "incredible witness" was credible?
MultiRegion, United States of America
What is the test for res judicata in the context of a second action?
British Columbia, Canada
What is the test for sufficient evidence in a motor vehicle accident case?
California, United States of America
Can a criminal conviction for false imprisonment be used to prove bad character of a witness in a civil case?
California, United States of America
Does a warranty that was not included in a purchase agreement of real estate be incorporated into the conveyance?
British Columbia, Canada
What is the test for calling upon a defendant to respond to the issue of just cause?
Ontario, Canada
What is the test for a motion under section 1118 of the California Penal Code for summary acquittal?
California, United States of America
What is the test for unannounced police intrusion into a private home?
California, United States of America
What is the test for relief by way of habeas corpus under 28.C. 2255 of the Criminal Code?
MultiRegion, United States of America
What are the legal consequences of a judicial anti-avoidance measure?
Canada (Federal), Canada
What is the test for an allegation that a state actor took adverse action against an inmate?
MultiRegion, United States of America
What is the test for a right to a fair trial?
MultiRegion, United States of America
What is the consequence of a parent's failure to object to a visitation order in the juvenile court?
California, United States of America
What is the test for making a restitution order for abuse of power?
MultiRegion, United States of America
Is there any case law where the main action is civil rather than criminal?
California, United States of America
What are the consequences of a statutory breach?
British Columbia, Canada
What is the test for a voluntary resignation?
Canada (Federal), Canada
What is the standard for evaluating a claim that a jury instruction is ambiguous and prone to unlawful interpretation?
MultiRegion, United States of America
Is a defendant entitled to a jury instruction on the defense of duress?
California, United States of America
What is the test for completing an application in two days?
British Columbia, Canada
Can a failure to call a material and important witness be considered by the jury?
California, United States of America
Can a beneficiary under a will stop maintaining an action against the testator's attorney?
California, United States of America
What is the test for establishing that a gift is intended as a gift?
British Columbia, Canada
How has Article XXXIV of the Constitution been interpreted by the Supreme Court?
California, United States of America
What is the current state of the law on the Miranda warning?
California, United States of America
What are the consequences of having an illegitimate child inherit a large amount of assets?
"New York", United States of America
Does the Eighth Amendment prohibit cruel and unusual punishment?
California, United States of America
How to instruct a jury in a drug case that a defendant intentionally avoided learning all the facts in order to avoid prosecution?
MultiRegion, United States of America
Does the Child Support Regulator have the power to prevent a plaintiff from moving to another state to avoid paying child support?
MultiRegion, United States of America
What is the test for exclusion of evidence in a criminal case?
California, United States of America
What is the test for determining whether a defendant is liable for the death of a plaintiff in a motor vehicle accident?
California, United States of America
What is the test for voiding a search warrant?
MultiRegion, United States of America
Can a defendant who committed a sex offence against multiple victims receive a life sentence under section 799 of the California Code of Criminal Procedure?
California, United States of America
How have the courts considered the impact of publicity on jury selection in a murder trial?
California, United States of America
Is a contract enforceable if the contract does not contain a specific property?
Nova Scotia, Canada
What is the test for establishing a continuing tort?
Saskatchewan, Canada
Can a remark made by a witness be considered inadmissible?
California, United States of America
Is a defendant's failure to allege compliance with the Tort Claims Act an affirmative defense?
California, United States of America
What is a conspiracy to commit a crime?
California, United States of America
Is employment in law enforcement sufficient to prove bias on a jury?
MultiRegion, United States of America
Can a judge reverse a finding that he reasonably should have known that the victims were peace officers?
California, United States of America
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount?
Ontario, Canada
In what circumstances have courts accepted psychological intimidation by a police officer?
British Columbia, Canada
Can a plaintiff bring a lawsuit against the state or its agencies?
MultiRegion, United States of America
What is the test for an objection in a medical malpractice case?
California, United States of America
What is the business judgment rule for a director of a business?
California, United States of America
What is the applicable statute of limitations for a prisoner seeking state post-conviction relief?
MultiRegion, United States of America
What is the difference between a prospective juror and prospective jury in a death penalty case?
California, United States of America
Does a defendant who has filed a cross-complaint in small claims court have the right to appeal from the judgment?
California, United States of America
When will a judge refuse to examine the "tactical purposes" argument in a disqualification order?
Ontario, Canada
Is Section 125.20(1) of the Criminal Code defined as either "murder" or "voluntary manslaughter"?
MultiRegion, United States of America
What is the test for a motion of appeal against a federal judge's order of restitution?
MultiRegion, United States of America
What is the legal test for whistleblower retaliation under Sarbanes-Oxley?
MultiRegion, United States of America
What is the legal test for having an oral hearing?
British Columbia, Canada
What is the test for assessing damages in a personal injury action for breach of contract?
Ontario, Canada
What is the test for obtaining evidence for trial in a medical malpractice case?
California, United States of America
Can a defendant appeal his conviction for a second time against the death penalty?
MultiRegion, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
Is a municipality required to disclose all relevant material to a public hearing?
British Columbia, Canada
What kind of evidence obtained by the learned Chief Justice of Canada?
British Columbia, Canada
What is the test for an amended complaint in a personal injury action?
MultiRegion, United States of America
What is the test for admitting evidence of a prior crime?
California, United States of America
Does Section 654, subdivision (a) of the California Penal Code, section 654 of the Criminal Code apply to a defendant who has multiple convictions?
California, United States of America
What is the test for determining whether a witness is an accomplice under section 1111 of the Penal Code?
California, United States of America
What is the current state of the law on the right to counsel in a civil case?
California, United States of America
What is the test for determining whether a defendant was predisposed to commit the same criminal charges?
MultiRegion, United States of America
What is the test for dismissing an application under s.25(6) of the Criminal Code for want of prosecution?
British Columbia, Canada
What is the test for obtaining leave from a consent order?
Ontario, Canada
What is the test for determining whether a person is disabled by the time they apply for disability benefits?
MultiRegion, United States of America
What is the test for whether a couple have cohabited continuously?
Ontario, Canada
Is a sentencing judge's sentencing based on a foundation that is extensively and materially false?
MultiRegion, United States of America
How have courts interpreted the doctrine of substantive due process in civil litigation?
MultiRegion, United States of America
How has the BCSC interpreted Rule 14-1(9) of the Rules of Civil Procedure and Procedure regarding the exercise of discretion of the Court of Appeal?
British Columbia, Canada
What is the test for reversal of a charge of misconduct in a criminal case?
California, United States of America
What is the test for deliberation and premeditation in a murder case?
California, United States of America
What is the test for substantial success in a personal injury case?
British Columbia, Canada
What is the test for a jury verdict in a personal injury case?
California, United States of America
What is the test of relevance in a civil case?
California, United States of America
What is the test for a statement of claim against a chain contract?
New Brunswick, Canada
What is the test for making a senior citizen's choice?
MultiRegion, United States of America
What is the meaning of the phrase "prosecuting witness"?
California, United States of America
Does a general release containing a no-claim over provision apply to a dentist?
Ontario, Canada
In what circumstances will a federal agent be permitted to search a defendant's car?
MultiRegion, United States of America
Is there any case law in which a plaintiff has been denied a continuance of a motion by the Court of Appeal because he is dissatisfied with his counsel?
California, United States of America
What is the test for admitting expert testimony at trial?
California, United States of America
Does a defendant have an absolute constitutional right not to testify?
California, United States of America
What is the range of non-pecuniary awards available to a plaintiff in a medical malpractice case?
British Columbia, Canada
What is the test for determining whether a sentence for possession of a Class A drug with a street value of $200,000 was excessive or excessive?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for requesting self representation in a personal injury case?
MultiRegion, United States of America
Can an employee be found liable for breach of contract for non-payment of expenses?
Canada (Federal), Canada
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
What is the test for determining the literal meaning of a statute?
California, United States of America
What is the testator's obligation to make provision for an adult child?
British Columbia, Canada
Is a plaintiff liable to another plaintiff for injuries sustained as a result of his actions in a motor vehicle accident?
California, United States of America
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge?
California, United States of America
What is the factual background to an allegation of sexual assault in a civil case?
MultiRegion, United States of America
Can a prosecutor vouching a witness at trial?
California, United States of America
In what circumstances will the District Attorney seek to seal a subpoena duces tecum and supporting documents seeking records from the Department of Corrections?
California, United States of America
How does mitigation work in a personal injury action?
British Columbia, Canada
What is the effect of section 190.3 of the Penal Code on sentencing in a capital case?
California, United States of America
Is restitution a defense to disbarment when made under pressure of a forthcoming State Bar disciplinary investigation?
California, United States of America
Can a former witness be admitted as a witness in evidence at trial?
California, United States of America
Does a patient have a privilege to refuse to disclose confidential information?
California, United States of America
Does a defendant have a right to be present at a juvenile court transfer hearing?
California, United States of America
What is the effect of instructing a jury to agree that they must all agree that some specifically described act had been performed?
California, United States of America
Is it reasonable for a defendant to charge for the care of a member of his family who has been injured in a motor vehicle accident?
British Columbia, Canada
What is the test for determining the meaning of a statute?
California, United States of America
Is there any case law relating to prejudice?
British Columbia, Canada
When can an insured person continue to work after the 104 week period?
Ontario, Canada
Is a defendant's failure to include the multiple-murder question on the jury questionnaire improper?
California, United States of America
What is the difference between the death penalty and life imprisonment?
MultiRegion, United States of America
Is a statement of opinion entitled to fair comment?
Ontario, Canada
What is the range of life sentences available under section 667.61 of the California Criminal Code?
California, United States of America
How have the facts been interpreted in a civil case?
California, United States of America
What is the legal test for a deliberate fabrication of evidence claim under the Fourteenth Amendment?
MultiRegion, United States of America
What is the current state of the law in this province when it comes to family law?
British Columbia, Canada
Is a defendant who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the probation, entitled to change his plea or verdict to not guilty?
California, United States of America
Is a defendant's right to cross-examination permissible?
California, United States of America
What is the effect of instructing the jury on section 1101(b) of the California Evidence Code?
California, United States of America
In what circumstances will a probation officer be induced to admit to a violation of the conditions of his probation?
California, United States of America
What is the test for a negligent misrepresentation claim?
Ontario, Canada
What is the test for a "rational connection" between legislation and its objective?
British Columbia, Canada
What is the legal test for a judicial review of an administrative decision?
Nova Scotia, Canada
How have the Fifth Amendment been interpreted in the context of "fundamental liberty interests"?
MultiRegion, United States of America
What is the state of the law in relation to the THFA?
Yukon, Canada
What are some cases where the US Supreme Court has ruled in favour of a plaintiff in a civil case?
MultiRegion, United States of America
Does a settlement of a claim for reimbursement of past benefits affect the employer's right to obtain a credit for future benefits?
California, United States of America
What is the test for dismissing an action?
Ontario, Canada
In the context of section 654 of the California Criminal Code, what is the difference between two concurrent sentencing schemes?
California, United States of America
What is the test for an equitable distribution of the proceeds of sale of the family home?
British Columbia, Canada
What is the current state of the law in the United States on the authority of a teacher to inflict severe punishment on a minor?
Saskatchewan, Canada
In a civil action brought by appellant against two police officers for assault, what is the effect of the assault on the officers?
MultiRegion, United States of America
Does access to equipment capable of producing a kilogram of cocaine support the jury's verdict that it was reasonably foreseeable that the conspiracy involved 500 grams or more of cocaine?
MultiRegion, United States of America
Does a defendant have to plead no contest to a charge under section 667.5(1) of the California Criminal Code, which refers to arson as a serious, violent felony?
California, United States of America
What is the role of the Superior Court in adjudicating a petition?
California, United States of America
Is there any case law that supports the argument that a public interest inquiry is in the "public interest" context?
Ontario, Canada
Is reasonable reliance an essential element of a cause of action for negligent misrepresentation involving physical harm?
California, United States of America
Is a court without jurisdiction to entertain the action because the essential character of the dispute arises from the interpretation, application, administration or violation of a collective agreement?
British Columbia, Canada
Can a prosecutor ask a defendant to plead guilty to a reduced charge of identity theft even against the advice of counsel?
California, United States of America
What is the test for drawing a bond in marriage?
Ontario, Canada
What is the test for imputing income from a parent who has been ordered to work to meet his child support obligations?
Ontario, Canada
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense?
California, United States of America
What is the standard for ineffective assistance of counsel?
California, United States of America
How has the court treated section 186.22, subdivision (b)(1)(1) of the Criminal Code and the additional sentencing provision in Section 186. 22 of the Code of Civil Procedure?
California, United States of America
What is the test for a motion to amend a medical malpractice application?
California, United States of America
What is the current state of the law on drug trafficking?
California, United States of America
Is a grievor’s claim that she was denied a job because her employer violated the collective agreement by denying her a job as a substitute post?
Nova Scotia, Canada
What is the test for hearsay in a mental health case?
California, United States of America
Can a child's pending enrollment in school constitute a material change in circumstances?
British Columbia, Canada
What is a prisoner's right to access the courts?
MultiRegion, United States of America
Is a defendant deprived of his constitutional right to effective assistance of counsel when a trial court denies his motion to substitute one appointed counsel for another?
California, United States of America
What is the range of damages in a defamation action?
British Columbia, Canada
How can interim spousal support be calculated?
British Columbia, Canada
What is the standard of review for rejecting a refugee claim based on the notion of “refugee sur place”?
Canada (Federal), Canada
Does Section 40008, subdivision (b) of the Fourteenth Amendment prohibit a state from restricting the freedom of speech or of the press?
California, United States of America
Does the disqualification of non-lawyer employees apply to a law firm?
"New York", United States of America
Does an agent who contracts in his own name for an undisclosed principal have to sue the principal for damages?
Saskatchewan, Canada
What is the test for a claim that initial counsel provided ineffective assistance by failing to move to suppress the statement?
California, United States of America
What is the test for a motion to compel production of accident investigation reports?
California, United States of America
What is the burden of proving a plaintiff has a right to sue?
MultiRegion, United States of America
What is the test for a defendant's claim of deprivation of effective assistance of counsel?
California, United States of America
What is the standard of review applied by the reviewing judge in an administrative law case?
Alberta, Canada
In what circumstances will a court grant approval of a Consent Decree in a class action?
MultiRegion, United States of America
What are the elements of the tort of conspiracy?
British Columbia, Canada
Can a successful party recover costs from the opposing side on cross-examination?
Ontario, Canada
