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.
Is a defendant entitled to a continuance to prepare his new attorney to defend his case at a continued hearing?
California, United States of America
What is the test for having access to a child by one spouse?
British Columbia, Canada
What constitutes a "misrepresentation" in an advertisement?
British Columbia, Canada
What is the relevant case law regarding search and seizure of a person on probation for a breach of the terms of their probation?
California, United States of America
What is the test for a waiver of privilege?
British Columbia, Canada
Is a question of law involved in a summary judgment motion reviewed on a correctness standard?
Ontario, Canada
What is the test for reducing criminal charges to misdemeanors at a preliminary hearing?
California, United States of America
In what circumstances will the court deny a defendant's claim that he was not informed of his right to counsel at the preliminary hearing?
California, United States of America
Can a property owner recover attorney fees if the court finds the County Board failed to make requested findings?
California, United States of America
What is the standard of review in the context of a motion by the Court of Appeal?
Newfoundland and Labrador, Canada
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review?
MultiRegion, United States of America
Can a defendant be retried for a charge of first degree murder on remand?
California, United States of America
Does the Charter apply to discriminatory provisions of the September 1951 Proclamation?
Alberta, Canada
What is the difference between imprisonment and a fine in a motor vehicle accident case?
MultiRegion, United States of America
What is the test for admitting evidence in a civil case?
California, United States of America
What is the current state of the law on the fourth amendment and the use of tape recordings?
MultiRegion, United States of America
Can a jury consider whether a defendant has been drinking alcohol at the time of the crime?
California, United States of America
In reviewing the denial of a motion to suppress following an evidentiary hearing, will the finding be erroneous?
MultiRegion, United States of America
Can a federal district court dismiss a motion for constructive dismissal under Rule 41(b) for abuse of discretion?
MultiRegion, United States of America
Can we reverse if the evidence supports the reasonable inference that by giving a nod to a witness that the witness was guilty of perjury?
MultiRegion, United States of America
What is the burden of establishing undue influence in a will?
Ontario, Canada
What is the test for waiver of a party’s strict rights?
Ontario, Canada
Can an order to pay public defender fees be upheld on review?
California, United States of America
What is the test for appellate review of an order granting a new trial?
California, United States of America
Is denial of the right to jury trial reversible?
California, United States of America
Can an adult child who has ceased to be a child of the marriage regain his lost status by pursuing further education?
British Columbia, Canada
In what circumstances have the judges given separate judgments on whether there was a sufficient memorandum to enforce the terms of a contract?
British Columbia, Canada
What are the principles that govern the assessment of future care costs?
British Columbia, Canada
What is the burden of proving that a claimant was disabled during the period for which they sought disability benefits?
MultiRegion, United States of America
How have the courts in Canada dealt with a chef's application for a work visa?
Canada (Federal), Canada
In what circumstances will the court order a stepfather to pay full child support?
Ontario, Canada
Is a child's pursuit of post-secondary education, athletic endeavours and a depressed job market constituting "other cause" for the continuing dependency of the child?
British Columbia, Canada
What is the test for a finding of lack of jurisdiction in a personal injury action?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining damages awarded by a jury in a motion for a new trial?
California, United States of America
Is a cause of action stated under any legal theory when the allegations are liberally construed?
California, United States of America
Is a federal habeas relief available for an alleged error in the interpretation or application of state law?
MultiRegion, United States of America
What is the test for directed verdict in a personal injury case?
MultiRegion, United States of America
Can defense counsel invite instructional error?
California, United States of America
Does the fact that one of the parties has a significant debt in a matrimonial proceeding make the burden of proof more difficult to achieve?
Nova Scotia, Canada
Is a conviction under section 245(a)(1) of the California Criminal Code for assault with intent to cause grievous bodily harm overlooked?
California, United States of America
What is the effect of prejudicial conduct, rulings and statements on the part of the trial judge?
MultiRegion, United States of America
What is the burden of establishing that a person has a mental impairment that meets all the criteria of a disability listing?
MultiRegion, United States of America
How has the Respondent been successful in seeking increased child support?
British Columbia, Canada
What is the test for determining whether there is a serious issue to be tried?
Ontario, Canada
What is the difference between a deposit of money with a bank and a loan?
MultiRegion, United States of America
Can a solicitor's client be indemnified against all costs reasonably incurred in litigation?
Alberta, Canada
What is the test for ambiguous statements in a civil case?
California, United States of America
Does a pro se litigant have to follow the same procedure as a non-profit plaintiff?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of attempted murder?
California, United States of America
What is the test for supervised access in a custody and access case?
Ontario, Canada
What is the apportionment of fault between two parties in a motor vehicle accident?
British Columbia, Canada
Does a sentence for conspiracy to possess and distribute cocaine need to be separated from a separate sentence?
MultiRegion, United States of America
Does a novel claim constitute complexity beyond ordinary difficulty?
British Columbia, Canada
What is the test for reasonable expectation of privacy under the Fourth Amendment?
California, United States of America
What is the test for a claim of infringement under s. 7 of the Criminal Code of Canada?
British Columbia, Canada
What are the elements of a prescriptive easement?
California, United States of America
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
How have courts dealt with the issue of improper exclusion of evidence in an evidentiary review?
California, United States of America
Is evidence of a highway robbery competent to prove the fact of another crime?
"New York", United States of America
What is the test for determining if a jury has been found guilty of misconduct?
California, United States of America
What is the test for determining whether an asserted federal right was clearly established at the time of alleged violation?
MultiRegion, United States of America
How indifferent are some of the justices of the peace in cases where the prosecutor has not been shown cause by counsel?
Saskatchewan, Canada
What is the test for a judge to grant probation?
California, United States of America
What is the standard of review for insufficient evidence claims involving circumstantial evidence?
California, United States of America
Does a realtor have a duty to check the accuracy of all information?
British Columbia, Canada
Is a district court's denial of consideration of the merits of a petition on the grounds that it is abusive and successive reviewed for abuse of discretion?
MultiRegion, United States of America
When will the defense exclude statements made to probation officer and the psychologists who interviewed her for purposes of the juvenile court fitness hearing?
California, United States of America
Does the use of an undercover agent in a criminal case violate the Miranda waiver?
California, United States of America
Can common law property be applied to aboriginal rights?
British Columbia, Canada
Can a judge conduct voir dire in a trial?
MultiRegion, United States of America
What is the effect of assumption of family debt by one of the spouses after cohabitation ceases?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
How much compensation is paid to an expert in a medical malpractice case?
California, United States of America
What is the test for a wilfully false statement by an insured?
British Columbia, Canada
Is the accusatory pleading necessarily included in the statutory definition of the crime?
California, United States of America
What is the test for discoverability purposes?
Ontario, Canada
What is the test for dismissing a second petition for habeas corpus?
MultiRegion, United States of America
What is the "dilemma" faced by a defendant in a case where a confession is not admissible?
California, United States of America
If a suspect is not advised of his Miranda rights prior to making his custodial statement, can the state compel the suspect to remain silent?
MultiRegion, United States of America
What is the thin skull rule for a plaintiff in a motor vehicle accident?
British Columbia, Canada
Can a judge vary a judgment to reflect the manifest intention of the court?
Ontario, Canada
Is a plaintiff entitled to pre-judgment interest on the Kuwait Debt Judgment pursuant to section 1 of the COIA?
British Columbia, Canada
What is a medical professional's duty to conduct their practice in accordance with recognized and acceptable practices of the profession?
British Columbia, Canada
Is equity in the matrimonial home apportioned on an 80/20 basis?
British Columbia, Canada
Does a federal court have concerns that the relationship between the husband and wife is irrevocably damaged?
MultiRegion, United States of America
Does the anti-marital facts privilege apply where the victim of a domestic violence crime and the victim's children are the victims of the crime?
MultiRegion, United States of America
What is the test for invalidating a municipal bylaw?
Saskatchewan, Canada
Can individual plaintiffs bring a claim alleging a breach of fiduciary duty for their own benefit?
MultiRegion, United States of America
What is the defense of laches?
MultiRegion, United States of America
What is the standard of review for a request for a jury view?
California, United States of America
Does the Attorney General have the authority to issue a protective order?
California, United States of America
What is the standard of conduct of an attorney who makes personal attacks on the character or motives of the opposing party, counsel or witnesses?
California, United States of America
What is the test under s. 174(2) of the Strata Plan for appointing an administrator?
British Columbia, Canada
Is arbitration the preferred procedure to resolve a proposed class action?
Ontario, Canada
What is the test for discretion?
California, United States of America
Is a passport issued by the issuing of a passport in a foreign country conferred nationality on the person to whom it was issued?
Canada (Federal), Canada
What is the test for determining reasonable attorney fees in a personal injury case?
MultiRegion, United States of America
Is there any case law where a jury found that a defendant was a serious danger to society because of his violent conduct?
California, United States of America
What is the test for exclusion of evidence in a sexual assault case?
California, United States of America
What is the test for a motion to grant a new trial where new evidence has been discovered?
MultiRegion, United States of America
Is there any case law where a search or seizure was conducted without a Miranda advisement?
California, United States of America
Does the jury's finding that the victims of the attempted murder counts were peace officers?
California, United States of America
What is the test for establishing that there is a common element of substantial importance in a pimp case?
California, United States of America
Does retaining significant assets constitute self-sufficiency, even if there is no employment income or maintenance?
British Columbia, Canada
What is the test for assessing the risk and impact of liability in a medical malpractice case?
California, United States of America
In what circumstances will the trial court order a separate trial in a case involving multiple defendants?
California, United States of America
What is the test that a complainant must show with regard to accommodation of pets?
British Columbia, Canada
What is the test for identifying as a defendant only in an amended complaint?
MultiRegion, United States of America
What is the test for a motion to amend a motion alleging that a claim against a defendant is invalid and unenforceable?
MultiRegion, United States of America
What is the effect of the adjudicator's inquiry into whether the grievor's rejection was a disciplinary dismissal?
Canada (Federal), Canada
What evidence supports the claim that the jury was aware of the restraints placed on appellant during the penalty phase?
California, United States of America
What is the test for finding an aider and abettor guilty of the felony murder special circumstance?
MultiRegion, United States of America
What are the relevant considerations in a sexual assault case?
Manitoba, Canada
Is a plaintiff entitled to be considered a contributory employee of a company?
British Columbia, Canada
What is the legal test for requesting attorney fees in a personal injury case?
California, United States of America
Does the time limit for objections from a plaintiff against a witness in a civil proceeding apply to a witness?
California, United States of America
Is there jurisdiction at the initial stage to make an order for consecutive trials?
Ontario, Canada
What is the evidentiary burden placed on the Respondent?
Ontario, Canada
What is the test for a waiver of Miranda rights?
MultiRegion, United States of America
How to divide decision-making authority between two parents?
British Columbia, Canada
Does the court have a duty to instruct the jury on voluntary and attempted voluntary manslaughter?
California, United States of America
What is the test for overturning a judge’s decision?
Canada (Federal), Canada
Can a judge withdraw a case from the jury where the evidence is weak or flawed?
British Columbia, Canada
What is the effect of a negotiated plea of no contest on counts 1, 2 and 3 of the charges against a defendant?
California, United States of America
Is an employee entitled to claim as damages as damages for the expenses of mitigation?
Ontario, Canada
What is the test for "flagrantly improper" or "revolving" prosecution arguments on the exercise of a defendant's constitutional right to counsel?
California, United States of America
What are the elements of a motion for municipal liability?
MultiRegion, United States of America
Under what circumstances can a prisoner be held in solitary confinement?
MultiRegion, United States of America
When can a party waive their right to arbitrate?
California, United States of America
Does a defendant have a mental health condition that has no relation to the crime to which he pled?
California, United States of America
Is it proper for a defendant to be instructed to leave the scene of a crime and return to the crime scene?
California, United States of America
Can an officer perform a protective "patdown" on a suspect prior to arrest?
MultiRegion, United States of America
What is the test for obtaining a search warrant from a future date?
California, United States of America
What arguments have been made on appeal regarding the denial of a motion for clarification and request for a jury trial?
MultiRegion, United States of America
What is the test for deception in a criminal case?
California, United States of America
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful?
Alberta, Canada
What is the test for determining whether a defendant is liable for property damage?
Nova Scotia, Canada
How does the abuse of review standard of review apply?
California, United States of America
How have the courts interpreted jury instructions in a murder trial?
California, United States of America
What is the legal argument that bed bugs are not a landlord's fault?
Saskatchewan, Canada
Can a prosecutor be found guilty of misconduct for eliciting or attempting to elicit inadmissible evidence?
California, United States of America
What is the test for whether a statute prohibits the wilful violation of an occupational safety order is unconstitutional?
California, United States of America
What is the test for a motion for a new trial based upon jury misconduct?
California, United States of America
When a contract contains a provision for attorney fees to the prevailing party contains a clause in the contract that makes an otherwise unilateral right reciprocal?
California, United States of America
Is there any case law where the term "recklessly" or "reckless" was used by the court after the jury had returned its verdict?
MultiRegion, United States of America
Can a defendant appeal against his conviction for assault with a firearm and find true the allegations that he personally used and inflicted great bodily injury when committing this crime?
California, United States of America
How have the results of a search warrant been suppressed?
MultiRegion, United States of America
What factors apply to retroactive spousal support?
Ontario, Canada
What is the test for dismissing a class action for want to prosecute?
British Columbia, Canada
Can a minor argue Arbuckle on appeal against sentencing that was improperly assigned to another judge for disposition?
California, United States of America
What is the test for making a mistake in a contract?
California, United States of America
Can an accomplice to an enumerated felony be convicted of first degree murder?
California, United States of America
What is the test for reinstating time of the essence?
Ontario, Canada
What is the test for income before trial in a motor vehicle accident case?
British Columbia, Canada
What is the test for determining whether an arbitrator exceeded his powers?
California, United States of America
Is a municipality liable at common law for misfeasance?
Saskatchewan, Canada
What is the test for a court to order an injunction against an injunction that would prevent a party from conducting activities that would otherwise interfere with the activities of a third party?
California, United States of America
Is there any case law or case law that would have changed the disposition of a defendant in a civil case?
California, United States of America
What is the evidence supporting the right of the County to control the "manner and method in which [Clinic employees'] work is performed"?
California, United States of America
What is the test for a retaliation action under Title VII?
MultiRegion, United States of America
What is the test for being a felon in possession of a firearm?
California, United States of America
Is Canada liable for the development of a new strain of low-tar tobacco?
Canada (Federal), Canada
What is the test for a confession to a person in authority?
Manitoba, Canada
What is the test for reasonable inference?
California, United States of America
What is the test for determining whether a court is bound by its own interpretation?
California, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
When will a union be found to have breached their duty of fair representation by not communicating with a union representative?
Alberta, Canada
How have courts dealt with an error in filling a prescription with a different type of medicine?
California, United States of America
What is the test for a defendant to waive his right to self-representation?
MultiRegion, United States of America
How have courts treated the issue of whether a defendant has a valid claim under the three strikes law?
MultiRegion, United States of America
What is the test for defining reasonable doubt?
MultiRegion, United States of America
Is there any case law or precedent for the award of costs on a motion of no confidence?
Ontario, Canada
Is there any evidence that a tongue stud and possible alcohol residue would cause false readings on the intoxilyzer?
Saskatchewan, Canada
What are the consequences of not accepting an offer to settle?
Ontario, Canada
Is there a prejudicial error if a witness is a cooperating witness?
MultiRegion, United States of America
What is the test for excluding evidence of a prior misdemeanor conviction?
California, United States of America
Does the attorney's authorization to proceed in a personal injury case need to be in writing?
California, United States of America
In dealing with an application to change the venue of a trial, can the court change the date or venue of the trial?
British Columbia, Canada
What factors must a judicial officer consider in determining whether there are conditions of release that will reasonably assure the appearance of a person as required?
MultiRegion, United States of America
Does a police officer have to give a Miranda warning before questioning a suspect?
MultiRegion, United States of America
What constitutes a probable risk and a special risk?
Manitoba, Canada
What is relevant evidence in a personal injury action?
California, United States of America
Does a fraudulent deed convey title to real property?
California, United States of America
Does the word "reckless" apply when assessing liability for a defendant's conduct in a sporting event?
Ontario, Canada
Is there a compelling reason to entertain the "occupation rent" claim made by the petitioner against the respondent?
New Brunswick, Canada
Is ejaculation sufficient to complete the crime?
California, United States of America
What is the "best interests of the child" test?
Ontario, Canada
In what circumstances will a law enforcement officer order a search of a person who does not appear to be a threat?
California, United States of America
Does a strata have the authority to allocate common expenses on the basis of unit entitlement?
British Columbia, Canada
What is probable cause for arrest when there is a certain knowledge that contraband is within a house?
MultiRegion, United States of America
What is an interim interim remedy?
Ontario, Canada
Is a plaintiff entitled to seek damages for failing to disclose the evidence supporting his claim for the first time at trial?
British Columbia, Canada
What is the test for causing substantial rights to a defendant by mistake?
MultiRegion, United States of America
Does a probation officer have the authority to determine the payment of a probation fee?
California, United States of America
Is a collective entity covered by the Fifth Amendment?
MultiRegion, United States of America
What is the current state of the global pandemic response in the context of this claim?
Ontario, Canada
What is the de novo standard of review applied in a domestic violence case?
California, United States of America
What is the test for having a child with a non-custodial parent?
Ontario, Canada
What factors will the Court consider when determining whether an individual is a Convention refugee from Sri Lanka?
Canada (Federal), Canada
