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 test for dismissing an application under Rule 9-6?
British Columbia, Canada
What is the effect of a dismissal of a habeas petition on statute of limitations grounds de novo?
MultiRegion, United States of America
What is the test for admissibility of evidence in a medical malpractice case?
California, United States of America
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies?
California, United States of America
What is the test for waiving a jury trial?
California, United States of America
What is the test for overturning a child endangerment conviction?
California, United States of America
What is the test for reviewing a sentence based on the "deferential abuse of discretion" standard?
MultiRegion, United States of America
How has the court considered the scope of a warrant allowing agents to enter and search a person's home covertly?
MultiRegion, United States of America
Is a plaintiff required to provide expert evidence to support her claim for medical negligence?
Nova Scotia, Canada
What is the test for maintaining a certificate of pending litigation against land?
British Columbia, Canada
What is the legal test for establishing a pretext for the termination of a child by accident?
California, United States of America
What is the test for multiple punishment under section 654 of the California Penal Code?
California, United States of America
What is the test for civil liberties in the United States?
Alberta, Canada
In what circumstances will the trial court combine charges of first-degree murder and escape from custody?
California, United States of America
On a motion to dismiss, is the factual allegation of the complaint true?
MultiRegion, United States of America
Can a federal court grant habeas relief on the basis of instructional error?
MultiRegion, United States of America
Does issue (ii) have to be addressed?
Canada (Federal), Canada
How does the doctrine of mootness apply in the context of personal injury cases?
British Columbia, Canada
Can a city attorney defend or assist in the defense of a criminal action in which the employing city personnel are not involved in any significant respect?
California, United States of America
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies?
MultiRegion, United States of America
Is a prosecutor misconduct when she encouraged jurors not to consider voluntary and involuntary manslaughter as lesser included offenses to the charge of second degree murder?
California, United States of America
What is the legal case law that supports the argument that there is a necessary tie between instructing on self-defense and manslaughter?
California, United States of America
What is the test for federal courts to extend full faith and credit to a state court judgment?
MultiRegion, United States of America
Does unconsciousness constitute a defense to criminal charges?
California, United States of America
What is the test for a First Amendment retaliation claim?
MultiRegion, United States of America
What is the legal framework for dealing with an animal case?
Saskatchewan, Canada
What are the consequences of an error by a judge in a motion to dismiss a claim?
California, United States of America
What is the test for establishing a constructive trust between a contribution and the property?
British Columbia, Canada
What is the current state of the law on restitution?
British Columbia, Canada
What is the effect of sexual orientation on a person's life expectancy?
MultiRegion, United States of America
When is a driver not a "who is operating a motor vehicle"?
Alberta, Canada
How have courts dealt with cross-examining in a juvenile dependency case?
California, United States of America
What is the test for establishing a criminal conspiracy?
California, United States of America
What is the test for using an occupational therapist’s “wish list” to justify an award?
British Columbia, Canada
Does the prosecution have an obligation to make a good faith effort to obtain a witness at trial if the state has no power to do so?
California, United States of America
What evidence supports an anti-SLAPP motion as to the distribution of defamatory flyers?
California, United States of America
What is the burden of proof in determining whether a scooter is a gift?
British Columbia, Canada
What is the test for a commercial contract?
British Columbia, Canada
What is the test to prove that a defendant killed or conspired to kill in furtherance of a drug conspiracy?
MultiRegion, United States of America
What is the test for damages in defamation cases?
Ontario, Canada
What is the test for a common continuing intention?
British Columbia, Canada
What exercise does a court exercise at sentencing for abuse?
California, United States of America
What is the appropriate sentence for a defendant who has pleaded guilty to all charges under the new federal sentencing guidelines?
MultiRegion, United States of America
Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon?
Saskatchewan, Canada
Can a defendant withdraw his plea on the grounds that he is mentally ill?
California, United States of America
How does the abuse of discretion standard apply to the determination of whether evidence is admissible?
California, United States of America
Does compelled discovery of statements of defense witnesses implicate the self-incrimination clause?
California, United States of America
How have courts interpreted the doctrine of strict products liability in the context of defective appliances or other manufactured component products that are installed in a commercial real estate?
California, United States of America
What is the test for an amended Complaint?
MultiRegion, United States of America
When will a judge order that the evidence issue be exhausted?
MultiRegion, United States of America
Can an insurer be held liable for failing to compensate an insured for a loss under an endorsement?
California, United States of America
Is a computer-generated record of a criminal conviction admissible under California Evidence Code section 452.5?
California, United States of America
What is the test for abuse of notice under section 473.5?
California, United States of America
Does Aitkin J. apply a rule of general application regarding stays of parenting pending appeal?
Ontario, Canada
Is there any inconsistency in a claim of privilege by the appellant?
MultiRegion, United States of America
What is the test for a learned justice of the peace to stay a motion to prevent abuse of process?
British Columbia, Canada
What is the test for making a record at a criminal trial?
California, United States of America
What is the test for reviewing a grand jury affidavit?
MultiRegion, United States of America
How is the substantial evidence standard applied in a criminal case?
California, United States of America
What is the test for second degree murder?
California, United States of America
Is a federal court bound to grant full faith and credit to a state court judgment?
MultiRegion, United States of America
How have courts treated an affidavit claiming to exonerate a convicted prisoner through a new version of events?
MultiRegion, United States of America
How have courts interpreted section 17,000 of the California Code of Civil Procedure and how have they interpreted the law?
California, United States of America
Can a driver in a two-lane road drive in the left passing lane at an unmarked t-intersection?
British Columbia, Canada
Does the adjudicator have any bias in her interventions?
Ontario, Canada
In a family law case in Oborowsk, in what circumstances have courts found no evidence that the children’s needs are not being met in the current custodial arrangement?
Ontario, Canada
What questions were asked in a job posting interview?
Alberta, Canada
Does Section 654 of the California Criminal Code bar multiple convictions and sentences based on a single conviction and sentence for a single assault?
California, United States of America
What is a waiver of statutory appeal rights in a negotiated plea agreement?
MultiRegion, United States of America
How have courts dealt with claims of prejudicial cumulative effect?
California, United States of America
What is the test for establishing that a water supply is safe for drinking water?
California, United States of America
Does the Court have to review a denial of punitive damages de novo?
California, United States of America
Is a defendant entitled to instruction on his defense theory?
MultiRegion, United States of America
Under the Miranda Act, can a police officer stop a citizen from leaving the scene where he is being questioned?
California, United States of America
What is the test for abuse of a witness testimony?
MultiRegion, United States of America
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation?
British Columbia, Canada
What is the "political question" rule?
California, United States of America
What is the standard standard of review in determining whether an arsonist's intent to set fire to a structure or property is sufficient to constitute an arson?
California, United States of America
What is the test for admitting or denying an expert's opinion that defendant suffered from post traumatic stress disorder as a prisoner of war?
California, United States of America
Does the trial court erred in failing to instruct the jury on a diminished capacity defense in the context of involuntary manslaughter?
California, United States of America
What is the current state of the law on parole searches?
California, United States of America
How is the percentage based method used in calculating attorney's fees in a controversy case?
MultiRegion, United States of America
What is the test to establish medical abandonment?
California, United States of America
What are the elements of the crime of extortion?
California, United States of America
What is the duty of fairness owed in the context of releases from the military?
Canada (Federal), Canada
Does a writ of habeas corpus contain unexhausted claims?
MultiRegion, United States of America
How have courts treated allegations of motor vehicle theft in the context of a motor vehicle accident?
California, United States of America
What is the test for protecting the rights of a first-in-time lender?
California, United States of America
What is a reasonable expectation of loss that may support a claim for damages?
Ontario, Canada
Is a peace officer's personnel file confidential?
California, United States of America
What is the test for an application for a writ of habeas corpus?
California, United States of America
Does a state have the power to exclude evidence in a civil case?
MultiRegion, United States of America
How have the courts interpreted the facts of the trial court's orders?
California, United States of America
What is the background to a personal injury action under the Ontario Civil Code?
California, United States of America
What is the date of a federal court order denying a motion to quash a subpoena for medical records?
California, United States of America
Can a witness be excluded from giving evidence by reason of conviction of perjury?
British Columbia, Canada
What is the test for making a decision purely prospective?
California, United States of America
What is the legal test for speedy trial in a criminal case?
California, United States of America
How have courts interpreted the definition of a "highway" in the Motor Vehicle Act?
Ontario, Canada
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol?
Ontario, Canada
What is the test for classifying a family as a social group?
Canada (Federal), Canada
Does a search warrant need to be used to search a person's cell when they are being held in custody?
MultiRegion, United States of America
Can a defendant be held for an indefinite period of time as long as he is not mentally ill but no longer dangerous?
California, United States of America
Is there a resulting trust on property held by David, who owns the property?
British Columbia, Canada
What is the range of damages for lost income in a human rights case?
Ontario, Canada
How have courts treated the issue of mistake of fact in a mental health case?
California, United States of America
What is the relevant relevance and effect factor for admitting expert evidence at trial?
British Columbia, Canada
What is the test for determining whether a defendant owes a plaintiff a duty to use reasonable care?
California, United States of America
What is the test for an extradition application in a habeas corpus proceeding?
California, United States of America
What are the benefits of having more than one lawyer managing litigation like this?
Ontario, Canada
What is the test for determining whether the use of force by correctional officers in the context of an assault on an inmate violates the Eighth Amendment?
MultiRegion, United States of America
Can a rescinding party stay in possession of the property involved?
California, United States of America
Does section 1109 of the Federal and State constitutions violate a defendant's right to due process?
California, United States of America
What is the current state of the law in the 9th Circuit when it comes to admitting or denying evidence of domestic violence?
MultiRegion, United States of America
Can an employer in its capacity as a sponsor (and not as plan administrator) obtain legal advice to amend a pension plan?
Ontario, Canada
Does a defendant have to prove that he was prejudiced by his trial counsel's failure to object under section 352 of the Evidence Code?
California, United States of America
Can a plaintiff claim fees even if he loses his arbitration case?
California, United States of America
What is the test for making arguments that are not specifically and distinctly raised and argued in the appellant's opening brief or on appeal?
MultiRegion, United States of America
What are some of the claims of bias made by Husband in his defence against his ex-wife in a civil case?
California, United States of America
What are the grounds for reconsideration of a severance decision made in July 10, 2007?
British Columbia, Canada
Is there any case law where a plaintiff and defendant attorney have a conflict of interest agreement?
California, United States of America
Does section 1252(i) of the Immigration and Customs Code apply to an alien who has been convicted of a criminal offence?
MultiRegion, United States of America
Is a plaintiff entitled to an award for loss of earning capacity as a result of a motor vehicle accident?
British Columbia, Canada
What is the test for identifying a group characteristic in respect of the complainant?
Ontario, Canada
When will a jury not award the death penalty after a jury has convicted a defendant of first-degree murder?
California, United States of America
What is the legal test for a defense counsel to object on the grounds of prosecutorial misconduct?
California, United States of America
Is a juror who refuses to follow their instructions "unable to perform his duty" subject to discharge by the court?
California, United States of America
In what circumstances have courts found that counsel at issue made false representations to obtain admission to practice law without having to take the bar examination?
MultiRegion, United States of America
Does the opinion rule apply to evidence that is relevant and material?
Ontario, Canada
What is the legal test for due diligence in procuring a witness's attendance?
California, United States of America
How have the courts dealt with issues 2 and 3 in the summary process?
Alberta, Canada
What is the test for dismissing a Three Strikes allegation?
California, United States of America
Is sexual abuse a crime of moral turpitude?
California, United States of America
Is a request to inspect a firearm in the trunk of a vehicle a reasonable basis for a search?
California, United States of America
How have the courts dealt with the issue of conflict between appellant and the public defender?
MultiRegion, United States of America
Can a defendant's mental impairment be determined in a habeas corpus petition?
California, United States of America
What is the test for obtaining a search warrant for a vehicle search in an incident to a recent occupant's arrest?
California, United States of America
What are the reasons why a jury was unable to consider a defendant's subjective belief that they had reached a place of temporary safety?
California, United States of America
Can a refusal to consent to a search constitute the basis for reasonable suspicion?
MultiRegion, United States of America
Is there any reason why the substance of a conviction for a prior fraud conviction is excludable under Rule 403 of the Criminal Code?
MultiRegion, United States of America
What is the test for transferring a youth charged with a violent senseless murder to an ordinary court for trial?
Saskatchewan, Canada
Can a plaintiff plead for another plaintiff in a personal injury action?
Canada (Federal), Canada
Does a protective order requiring a mother to be appointed as counsel in a guardianship proceeding violate the right to possess a firearm?
California, United States of America
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?
California, United States of America
What is the test for an application to appeal against release pending appeal under Section 1(1)(b) of the NWTCA?
Yukon, Canada
What is the test for admitting hearsay statements by a child as evidence in a criminal case?
California, United States of America
What is the test for determining whether a defendant has been found guilty beyond a reasonable doubt?
California, United States of America
Is a plaintiff entitled to recover for medical malpractice on a variety of theories?
California, United States of America
In what circumstances have jury instructions conflicted with the law?
California, United States of America
Does the exclusionary rule apply at sentencing?
MultiRegion, United States of America
Does federal law operate to the exclusion of state law?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
Is there a reasonable suspicion that defendant was armed and dangerous?
California, United States of America
If a jury finds a defendant guilty of first degree murder, what is the special circumstance?
California, United States of America
How has the federal court treated a complaint alleging that the Department of Justice improperly conducted an investigation into voter registration?
MultiRegion, United States of America
What is the effect of a breach of a covenant respecting custody of a child?
Saskatchewan, Canada
What are the elements of a prima facie claim for intentional infliction of emotional distress?
MultiRegion, United States of America
What are the factors used to determine whether a couple have ceased living in a marriage-like relationship?
British Columbia, Canada
What is the test for a valid consent to search?
California, United States of America
What is the burden of good cause to withdraw a plea?
California, United States of America
Is an arbitration clause in an employment agreement enforceable?
California, United States of America
What is the test for a defendant's right to retain counsel of his own choosing?
California, United States of America
Does a defense counsel object to the adequacy of the foundation under California Evidence Code section 1271 of the Business Records Act?
California, United States of America
What is the current state of the law on the second stage of a disability claim?
MultiRegion, United States of America
Does a denial of a belated request for counsel constitute an error that would have been harmless beyond a reasonable doubt?
California, United States of America
What is the standard of review for a fishing licence application?
Canada (Federal), Canada
What is the standard of review for appointing an IEP professional?
California, United States of America
What is the test for a claim of lack of notice?
California, United States of America
What is the test for a finding of ineffective counsel?
California, United States of America
What is the difference between completed first degree murder and attempted murder?
California, United States of America
What is the test for section 654 of the California Criminal Code?
California, United States of America
What is the case law for an elderly woman who is suffering from chronic pain in her lower back, pelvis and lower back?
British Columbia, Canada
Does the appellant have a right to counsel at sentencing?
MultiRegion, United States of America
Does solicitor-client privilege apply to litigation privilege?
British Columbia, Canada
Does the Court have inherent jurisdiction to supervise the establishment and administration of charitable purpose trusts?
British Columbia, Canada
Can a third party claim for damages arising out of a motor vehicle accident?
Ontario, Canada
What is the test for determining whether a jury trial of three weeks is of more than ordinary difficulty?
British Columbia, Canada
What is the test for security for costs in a personal injury action?
MultiRegion, United States of America
What are the legal consequences if a party agrees to surrender a lease with another party?
Saskatchewan, Canada
What is an inference in a criminal case?
California, United States of America
How have the courts treated the issue of post-arrest interviews?
MultiRegion, United States of America
What is the legal test for establishing that a party has met its initial burden?
MultiRegion, United States of America
What is the test for making a decision in a medical malpractice case?
British Columbia, Canada
Does a defendant charged with first degree murder need to maturely and meaningfully reflect on the gravity of his actions?
California, United States of America
Does a defendant have a right to dictate the language of the jury instruction?
MultiRegion, United States of America
Is a jury allowed to find that a two-by-four constitutes a deadly weapon without expert testimony?
California, United States of America
What is the proper procedure for naming all parties to an appeal?
British Columbia, Canada
What are the implications of the so-called "three strikes" provision?
MultiRegion, United States of America
Does a party have an exclusive right to the use of the right-of-way of a residential laneway?
British Columbia, Canada
What is the notice period for a long-term employer?
British Columbia, Canada
In what circumstances will a shareholder be able to bring a claim for loss of value?
British Columbia, Canada
What is the impact of a secondary stage interview on an application?
Canada (Federal), Canada
What is the statute of limitations for a plaintiff to bring a cause of action?
California, United States of America
What is the test for "plain error" in admitting a witness testimony in a civil case?
MultiRegion, United States of America
What is the test for a defense counsel to request an instruction of no confidence in a jury?
California, United States of America
Can a non-treating or non-examining doctor testify on a medical expert's testimony?
MultiRegion, United States of America
What is the standard of care owed by a home inspector?
British Columbia, Canada
What is the test for an employee to leave their employment?
Canada (Federal), Canada
What is the test for deliberation in a murder case?
California, United States of America
Is a defendant responsible for damage caused to a plaintiff's clothing and household items caused by an arson attack?
California, United States of America
