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 an application for no fee status be denied if the underlying claim lacks merit?
British Columbia, Canada
Does a time limit apply to closing arguments in a criminal case?
California, United States of America
What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence?
British Columbia, Canada
Is it appropriate for a hearing to be adjourned so that a motion can be heard at the same time?
Ontario, Canada
What is the burden of proving a claimant voluntarily left their employment?
Canada (Federal), Canada
Is a plaintiff entitled to an accounting of all rents and profits?
Saskatchewan, Canada
What is the test for a defendant's application for habeas relief?
MultiRegion, United States of America
In what circumstances will a prison officer be found guilty of failing to provide adequate medical care to a patient?
MultiRegion, United States of America
Does a sentencing court need to expressly state that it is suspending either the imposition or execution of a sentence under section 3651?
MultiRegion, United States of America
What is the penalty for contempt of court?
British Columbia, Canada
What is the test for determining whether a murder is premeditated or unpremeditated?
California, United States of America
What is an independent review of a trial court's ruling on an anti-SLAPP motion?
California, United States of America
Is there a right to damages in the California Constitution?
MultiRegion, United States of America
Does Rule 52(a) of the Civil Procedure apply to criminal proceedings?
MultiRegion, United States of America
Does s. 164 of the BC Code of Civil Procedure allow a plaintiff to seek damages as a remedy?
British Columbia, Canada
When faced with a settlement agreement, when will the courts depart from the terms of that agreement?
Canada (Federal), Canada
Does the equipoise rule apply only where evidence is nonexistent or so meager?
MultiRegion, United States of America
What is the test for reasonable diligence when it comes to the equitable estoppel?
California, United States of America
In what circumstances can a search warrant be used to obtain chemical test results from a police search?
MultiRegion, United States of America
What is the consequence of a second citation for failure to respond?
British Columbia, Canada
What is the test for a challenge to the sufficiency of the evidence to support a criminal conviction?
California, United States of America
Can a hospital refuse to comply with a police search warrant?
California, United States of America
What is the appellate court's role when presented with a claim of insufficient evidence?
California, United States of America
Can a prosecutor's remarks refer to a defendant's failure to testify?
California, United States of America
How have courts treated defense counsel's questions about domestic violence and parental abduction?
MultiRegion, United States of America
Is heat of passion a crime of voluntary manslaughter?
California, United States of America
What is the test for establishing a violation of 21.C. Section 846?
MultiRegion, United States of America
What is the test for abuse of power, capricious or patently absurd?
California, United States of America
Is the use of force to enter a residence reasonable?
British Columbia, Canada
What is the test for an assault with a deadly weapon against a police officer?
California, United States of America
What is the test for determining whether a defendant was negligent in a motor vehicle accident that occurred in icy conditions?
British Columbia, Canada
What is a nuisance and what is the test for liability for nuisance?
British Columbia, Canada
Does the affidavit in Miknevich support a finding of probable cause?
California, United States of America
If a wrongful death action is brought by the heirs of a deceased plaintiff, what is the appropriate remedy for the omitted heirs?
California, United States of America
What constitutes good cause for the delay of a criminal trial?
California, United States of America
If a defendant has multiple objectives for purposes of section 654 of the California Criminal Code, can he be punished for each of the objectives?
California, United States of America
How have courts dealt with claims that a senior civil servant engaged in "objectionable conduct" in a residential unit?
"New York", United States of America
What is the meaning of the first paragraph of an order requiring disclosure of a plaintiff’s medical records?
British Columbia, Canada
Does section 654 of the California Code of Civil Procedure apply to a defendant who has committed two separate crimes, one against one other person and one against the other?
California, United States of America
What is the intended meaning of section 11 and 12 of the Indian Registration Act?
British Columbia, Canada
Is a defendant entitled to a jury trial in contempt of court?
MultiRegion, United States of America
How have courts dealt with innuendo?
Saskatchewan, Canada
What is the test for negligence in breast cancer cases?
British Columbia, Canada
What is the test for a claim of right instruction in a personal injury case?
California, United States of America
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim?
California, United States of America
Under what circumstances will a police officer enter a house in search of a firearm?
MultiRegion, United States of America
Does Defendant have sufficient evidence to support his conviction of kidnapping under section 207 of the California Criminal Code?
California, United States of America
What is the standard of review in cases in which the People rely mainly on circumstantial evidence?
California, United States of America
What is the test for withdrawing a client's confidential information?
Newfoundland and Labrador, Canada
Is there any case law where a defendant's attorney has fully complied with his responsibilities and no arguable issues exist?
California, United States of America
What are some cases that have been decided in the 9th Circuit?
MultiRegion, United States of America
Does a plaintiff have new medical conditions that have not been presented to the court?
MultiRegion, United States of America
Is it in the best interest of a child to be in the care of a parent who is happy?
Ontario, Canada
What is the effect of endorsement on an application for judicial review?
Ontario, Canada
What is the test for discussing the cumulative impact of a project in an environmental review?
California, United States of America
Is a litigant entitled to be present in the room to advise and instruct a lawyer examining an opposing party?
Ontario, Canada
What is the test for adding a new cause of action against an existing defendant?
Ontario, Canada
What is the difference between methamphetamine possession and drug possession?
California, United States of America
What is the legal value of the written retainer?
British Columbia, Canada
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims?
Alberta, Canada
What rights does a prisoner have when he is transferred to maximum security?
MultiRegion, United States of America
In what circumstances will the court refuse to order costs for a plaintiff who failed to accept an offer of settlement?
British Columbia, Canada
What is the test for a jury in a sexual assault case to determine the credibility of the complainant's testimony?
"New York", United States of America
What is the duress defense?
California, United States of America
What is the test for a motion to suppress evidence obtained from a search and seizure?
California, United States of America
Is a police officer required to follow up an allegation of child abuse?
California, United States of America
What is the burden of proving the will of a deceased person to his executor?
Ontario, Canada
Is appellant's claim to have been forfeited as a result of procedural violations?
California, United States of America
Does the burden of proof need to be the same?
California, United States of America
What is the definition of a class definition?
Ontario, Canada
Does Section 1203 of the California Probation Act require the preparation of a probation report?
California, United States of America
When will a judge make a decision on whether to grant a conditional discharge?
California, United States of America
Does a defendant have a right to be present in the courtroom at every stage of his trial?
California, United States of America
What factors will be considered in determining whether to grant a conditional discharge?
British Columbia, Canada
Does a defendant have the right to use his knife in self-defense?
California, United States of America
What is the test for waiver of constitutional rights in a pro se defense?
MultiRegion, United States of America
In what circumstances will the jury not consider the fact that defendant did not testify?
California, United States of America
What is the test for determining whether a defendant's ability to pay under the Victims Rights Act?
MultiRegion, United States of America
How have courts treated the issue of misbehaviour in the context of prison security issues?
MultiRegion, United States of America
How have the courts dealt with a motion to dismiss?
California, United States of America
Is denial of a defendant's right to a retained counsel of his or her choice a structural error requiring reversal?
California, United States of America
What is the test for provocation in civil law?
British Columbia, Canada
What is the test for a jury to find a plaintiff in a civil case?
California, United States of America
What is the scope of a prosecutor's argument in a civil case?
California, United States of America
What is the burden of a fiduciary on a plaintiff to prove that entrusted funds were not improperly used?
MultiRegion, United States of America
What is an obligation on a payor to use their assets for post-retirement support?
British Columbia, Canada
What is the test for a jury to acquit a defendant of a lesser-included offence before deciding whether to convict him of the greater offence?
MultiRegion, United States of America
What factors must be considered to establish substantial evidence of premeditation and deliberation in a murder case?
California, United States of America
How have courts interpreted the definition of "duress" in the context of sexual assault cases?
California, United States of America
Is there any case law that supports the argument that intent was not intended to prevent the construction of a residence?
Canada (Federal), Canada
What is the test for determining whether a federal court has jurisdiction?
MultiRegion, United States of America
How have the courts interpreted Article 28(1) of the Constitution in the context of a claim brought by an airline that sells tickets in the country where the ticket was purchased?
MultiRegion, United States of America
Can a defendant appeal against a finding of not guilty on the basis of gross negligence?
California, United States of America
Does a clerk need to specifically order that a notation on a minute order constitute entry of judgment?
MultiRegion, United States of America
What is the effect of the fourth amendment on the search warrant?
MultiRegion, United States of America
How is a motion for a new trial reviewed?
California, United States of America
Does a mistake or inadvertence on the ballot box affect an election?
California, United States of America
Can a gang member be found guilty of violating section 186.22, subdivision (a) of the California Criminal Code by committing a crime with the assistance of another person?
California, United States of America
What is the test for a claim for negligence in a medical malpractice case?
California, United States of America
What evidence supports a jury finding that defendant murdered Ly because he wanted to eliminate him as a witness to the attempted robbery?
California, United States of America
What is the test for a waiver of a defendant's constitutional rights?
MultiRegion, United States of America
What is the test for a motion to dismiss a second amended complaint?
MultiRegion, United States of America
How have courts dealt with cases where a plaintiff slipped and fell on a wet spot?
California, United States of America
What is the test for establishing that the law involved was necessary to the prior decision?
California, United States of America
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities?
British Columbia, Canada
Does "other act" evidence need to be probative of intent?
MultiRegion, United States of America
Does the Gold Key Lease fall within s. 2(ak) of the Motor Vehicle Act?
Nova Scotia, Canada
How has the court considered a motion for an early and preferential setting in a personal injury case?
California, United States of America
What is the legal test for a defendant in a criminal case?
California, United States of America
What factors will a court consider when determining the quantum of a defendant's inability to pay the statutory minimum fine for gross negligence?
California, United States of America
What is the test for a claim that a conviction lacks sufficient evidence?
California, United States of America
Can a motion of any party appoint one or more experts to investigate, to render a report and testify as an expert at any time before or during the trial of an action?
California, United States of America
Does the district court's ruling that the police conduct is immune from constitutional attack because the police force operates with the consent of the manager of the hotel?
MultiRegion, United States of America
What is the test for correct, argumentative instructions in a personal injury case?
California, United States of America
What is the test for submitting evidence in a personal injury case?
MultiRegion, United States of America
Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike?
California, United States of America
What is the test for proving possession of a controlled substance?
MultiRegion, United States of America
Is there any case law where a finding of "good cause" was not made?
California, United States of America
When will a downturn in the automobile industry affect the amount of spousal support awarded to the husband?
Ontario, Canada
When a class action has been certified and the individual plaintiff has been found to lack standing, does the individual have standing?
MultiRegion, United States of America
What is the test for a jury to determine whether a defendant can be found guilty of aiding and abetting?
California, United States of America
Does the doctrine of absolute immunity from liability apply to contracts where the contract contains clauses that completely exempt a party from liability?
MultiRegion, United States of America
Can a rational trier of fact have found the essential elements of the crime beyond reasonable doubt?
California, United States of America
What is the appropriate date for the valuation of assets under the Family Relations Act?
British Columbia, Canada
What is the test for setting aside a judgment?
Saskatchewan, Canada
What is the definition of a class and what is the effect of the class definition?
Ontario, Canada
How have we been persuaded of the unsoundness of the Harris-Nudd rule?
California, United States of America
Can a judge reverse a judgment of conviction of a defendant in a motion to overturn his conviction for assault?
California, United States of America
What is the test for determining whether a monetary award is insufficient?
British Columbia, Canada
In what circumstances will a jury find a defendant liable for battery?
California, United States of America
Does the Attorney General agree that defendant had served 995 actual days in presentence custody?
California, United States of America
What is the definition of conversion and what is the effect of conversion?
British Columbia, Canada
What is the test for obtaining a general warrant for search and seizure of electronic devices?
MultiRegion, United States of America
Is the trial judge's failure to inquire the jury as to its exposure to six newspaper articles during the trial?
MultiRegion, United States of America
Does a search warrant need to be obtained before a search can be carried out on a house?
MultiRegion, United States of America
How has the Three Strikes law been interpreted in criminal law?
California, United States of America
What factors will a court consider when determining whether a military witness is unavailable?
California, United States of America
What is the standard of review in cases in which the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the legal test for a motion for a new trial for jury misconduct in a criminal case?
California, United States of America
What is the effect of section 190.3 of the Penal Code on sentencing in a capital case?
California, United States of America
Does an inmate have a right to be confined in, or transferred to, any particular prison?
MultiRegion, United States of America
Does the favorable termination rule or Heck bar apply to a state prisoner's good-time credit action?
MultiRegion, United States of America
What is the test for reversing a finding that a defendant is a member of a criminal street gang?
California, United States of America
Can a self-represented litigant request a reduction in the amount of costs awarded by the Court of Appeal for performing the tasks that would normally have been performed by a lawyer?
Ontario, Canada
How does the anti-SLAPP analysis work?
California, United States of America
What is the evidentiary test to review evidence supporting a special circumstance allegation after denial of a section 995 motion?
California, United States of America
What is the test for appealing on the ground of appeal against a finding that a trial judge committed a palpable and overriding error?
Ontario, Canada
What are the requirements of a court for in camera review of a law enforcement officer's personnel file?
California, United States of America
What are the circumstances in which a plaintiff was able to purchase quiet enjoyment of their existing property by acquiring any property other than the settlement lands?
Alberta, Canada
In a personal injury case, in what circumstances will the California Superior Court consider whether or not the instructions on how to use a crossbow or crossbow properly reflect the law of self-defense?
California, United States of America
What is the test for determining whether a state official's conduct violates federal law or is wholly unauthorized by state law?
MultiRegion, United States of America
What is the impact of a future or hypothetical possibility on the law in the context of the Court of Appeal?
British Columbia, Canada
What constitutes "cohabitation" between an adult and a minor?
California, United States of America
What is the test for a young offender who is mentally disordered?
British Columbia, Canada
Does the trial court abuse its discretion in ruling upon discovery motions and denying the motion to dismiss?
California, United States of America
What is the current state of the law in Canada on the doctrine of third party expectations?
British Columbia, Canada
In what circumstances have the Law Society of Upper Canada found that a lawyer hired an unlicensed individual who had previously been convicted of dishonesty and dishonesty?
Ontario, Canada
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident?
Ontario, Canada
Does the agreed upon boundary doctrine defeat respondent's adverse possession claim?
California, United States of America
Can a failure to forfeit a bond be treated as a forfeiture?
California, United States of America
Is a motion deemed moot because it has no practical effect or does not provide effective relief?
California, United States of America
What are the principles applied on an application to examine a second representative of a corporate defendant?
British Columbia, Canada
What is the current position in American jurisdiction on property partition?
Manitoba, Canada
What is the test for a motion to remove a parent from the custody of their children?
Ontario, Canada
What is the test for reducing the burden of proof in a criminal case to less than preponderance?
California, United States of America
Does a motorist's mental state make her failure to stop at the scene of the accident reasonable?
California, United States of America
What is the test for a claim under Section 1983 of the Federal Trade Act?
MultiRegion, United States of America
In what circumstances will arguments of argument on a summary judgment motion only be made where there is a strong prima facie foundation in the record?
Ontario, Canada
Does a prosecutor have to characterize a gang member as a hard core, experienced and sophisticated member of a criminal gang as "hard core," "experienced," and "sophisticated"?
California, United States of America
How have the courts interpreted the clause "acceptance" and "cancellation at any time" in a contract?
MultiRegion, United States of America
Does the failure to make an adequate objection reflect incompetence of all trial counsel?
California, United States of America
What is the test for establishing a charitable purpose?
New Brunswick, Canada
How has the Court considered a step-daughter's expectation of inheritance in the context of the equitable obligation of her father to her step-step-distant?
British Columbia, Canada
Can an owner of a strata lot be held responsible for damage caused by a guest discarding a cigarette?
British Columbia, Canada
What are the findings of an independent review of the record?
California, United States of America
What is the test for imputing income on behalf of a child of an under-employed father?
Ontario, Canada
Is there a single conspiracy as charged in the indictment or multiple conspiracies?
MultiRegion, United States of America
Is there any case law where a defendant has erroneously overruled or denied evidence of criminal activity?
California, United States of America
Is there any evidence that a criminal gang is responsible for violent crime?
California, United States of America
What are the circumstances in which members of an Aboriginal community block access to logging sites?
British Columbia, Canada
Does the doctrine of vicarious liability apply to domestic workers employed by a homeowner?
California, United States of America
What is the legal basis for a claim for environmental damages arising from a purchase and sale agreement of a property containing waste and environmentally materials?
Ontario, Canada
What is the test for relevancy?
Alberta, Canada
Does the exclusion of a victim's sexual history under the Rape Shield Law deprive a defendant of a fair trial?
California, United States of America
What is the evidentiary link that is required for an insurance company to have a claim for future care?
British Columbia, Canada
What is the test for having a good reason?
Manitoba, Canada
Is a Minister of Justice's decision not to grant a conditional discharge of an application for an interim discharge from the Court of Appeal?
Canada (Federal), Canada
Is a trial court's ruling on evidentiary objections based on papers alone reviewed for abuse or reviewed de novo?
California, United States of America
Can a homeowner's association bring an enforcement action against a property owner who is not a party to the land covenant?
California, United States of America
When will a court order a public defender to serve as a deputy to a district attorney?
California, United States of America
Does section 1170(d) of the California Criminal Code allow a defendant to recall his sentence pursuant to a negotiated plea agreement?
California, United States of America
What is the current state of the law on the co-conspirator exception?
MultiRegion, United States of America
What is the burden of proving that the petitioner has twice been put in jeopardy for the same offence?
"New York", United States of America
What is the burden of establishing that a petitioner is eligible for resentencing?
California, United States of America
How have courts interpreted testimony that may have prejudiced a plaintiff's claim for under-billed work?
California, United States of America
What is the effect of the Court of Appeal granting qualified immunity to Glover in his search and seizure claim?
MultiRegion, United States of America
What is the test for establishing a "clearly established" right?
MultiRegion, United States of America
What is the test for a Statement of Defence?
Ontario, Canada
What is considered substantial evidence in a civil case?
California, United States of America
What is an "air of reality" in the context of an alleged Charter breach?
British Columbia, Canada
