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 factors will the court consider in deciding whether to grant the "incompetent status" of an appeal?
British Columbia, Canada
Can a federal court revoke a term of supervised release for abuse of discretion?
MultiRegion, United States of America
Is a lease agreement enforceable against eviction or disturbance?
Saskatchewan, Canada
Does a defendant's failure to request a clarification instruction forfeits that claim on appeal?
California, United States of America
What is the test for obtaining an "overbroad" search warrant?
California, United States of America
What is the role of an extradition judge in committal hearings?
British Columbia, Canada
Does a deprivation of liberty, arising from an administrative decision in a correctional facility, constitute a civil proceeding?
British Columbia, Canada
Does a prison officer violate the Eighth Amendment when they use excessive force maliciously and sadistically to cause physical harm to a prisoner?
MultiRegion, United States of America
What is the test for abuse of discretion in a trial court's exclusion of evidence under the Evidence Code section 352?
California, United States of America
What is the effect of having two separate actions brought by the same Plaintiff at the same time?
Alberta, Canada
What is the impact of discretionary function exclusion on a federal judge's ability to exercise discretion?
MultiRegion, United States of America
Does a defendant's future ability to pay restitution preclude the imposition of restitution?
MultiRegion, United States of America
How have courts treated the issue of prosecutorial misconduct in a motion for a new trial?
MultiRegion, United States of America
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation?
MultiRegion, United States of America
What is the legal test for mootness?
Ontario, Canada
What is the balance of convenience between the applicant and the judge?
Canada (Federal), Canada
What is the test for an abuse of evidence?
California, United States of America
What is the test for an abuse of discretion when determining whether an inmate poses an unreasonable risk of danger to public safety?
California, United States of America
What is the test for the doctrine of reasonable doubt?
California, United States of America
What is the test for opposing confirmation of a report on a reference?
Ontario, Canada
What is the test for discharge of a jury in a personal injury case?
California, United States of America
Does a prosecutor have authority to exclude evidence that a victim was on probation for prostitution?
California, United States of America
What are the costs of a family law case involving support costs?
Ontario, Canada
What is the test for granting a continuance in a criminal case?
California, United States of America
Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate?
British Columbia, Canada
Does the Court have any authority to exclude from the evidence in a civil case?
California, United States of America
What is the test for relying on a template used by a police officer at trial for evidence in a speeding case?
Ontario, Canada
What is the test for screening a civil rights action brought by a prisoner against a governmental entity?
MultiRegion, United States of America
Is it misconduct for a prosecutor to act as his own expert witness?
California, United States of America
What is the test for directing a defendant to pay damages in a motor vehicle accident?
Alberta, Canada
What is the test for a plaintiff to make a claim pro se?
MultiRegion, United States of America
If a defendant waives his Miranda right in the course of an interview and is subsequently questioned by the police, what is the current state of the law on this issue?
California, United States of America
Can a police officer impound a vehicle after finding that the driver had suspended their driving privileges?
California, United States of America
Is a litigant required to Page 21 of the Superior Court of Justice's (MSJ) Judgment in a personal injury case?
federal, United States of America
What are the factors used in determining whether a plaintiff has been successful in a long-delayed claim?
British Columbia, Canada
Does a duty of fair representation need to specifically raise an allegation of discrimination or a failure to accommodate?
Canada (Federal), 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 effect of the tax benefit rule on an individual's income?
MultiRegion, United States of America
What is the difference between an amended complaint and the original complaint?
California, United States of America
What is the standard required for a joint work to be copyrightable?
British Columbia, Canada
How have courts interpreted section 170.6 of the Criminal Code when a motion to disqualify or revoke probation has been denied?
California, United States of America
What is the current state of the law in Canada with respect to oppression remedies?
Alberta, Canada
Does the Court of Appeal err in refusing an instruction from the trial court on the lesser offense of attempted voluntary manslaughter?
California, United States of America
When will a defendant appeal against an award for attorney's fees and costs?
California, United States of America
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal?
California, United States of America
Can a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?
California, United States of America
What is the test for determining whether the federal government is liable in a motor vehicle accident?
MultiRegion, United States of America
Are Sections 31 and 32 of the Penal Code interrelated?
California, United States of America
What is the current state of the law on the right to search the interior of a vehicle by opening its door?
MultiRegion, United States of America
Are expert witness fees in a personal injury action bonded?
California, United States of America
In what circumstances will counsel be granted an adjournment at a personal injury hearing?
Ontario, Canada
What is the test for a jury to convict a defendant of second degree murder and voluntary manslaughter?
California, United States of America
Can a state judge order a federal bankruptcy discharge in violation of an automatic stay?
federal, United States of America
What is the test for establishing a contract?
California, United States of America
Is a defendant entitled to a trial by jury, even if he is a convicted rapist?
MultiRegion, United States of America
What is the test for an inmate's claim that conditions of confinement violate the Eighth Amendment?
MultiRegion, United States of America
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause?
California, United States of America
Is a comment made by a party to a party’s communications entitled to be impugned as a matter of public interest?
Ontario, Canada
What is the law on the duty of looking after his legal rights and of calling the judge's attention to any infringement of his rights?
California, United States of America
Is failure to receive notice of entry of judgment or order an excuse for an untimely appeal?
federal, United States of America
What is the test for determining if a plaintiff has jurisdiction to bring a motion to dismiss the motion?
MultiRegion, United States of America
In what circumstances will a jury consider whether a defendant's role in a criminal transaction was significantly lower than that of his two codefendants?
"New York", United States of America
Is it sufficient for the jury to consider the error in finding that the jury considered evidence from which it could have come to a verdict without reliance on reliance on the error?
California, United States of America
Does a defendant have to prove his ability to pay a restitution fine under section 1202.4 of the Penal Code?
California, United States of America
What is the test for determining whether a defendant is mentally competent?
California, United States of America
What are the principles of good faith and good faith in the context of a wrongful dismissal?
Ontario, Canada
Is a failure to warn after actual knowledge malpractice?
California, United States of America
Is there any conflict of interest in a trial where the trial counsel is also a percipient witness?
MultiRegion, United States of America
What is the test for double punishment under section 654 of the California Penal Code?
California, United States of America
What is the test for a criminal charge of sexual assault in a federal criminal indictment?
MultiRegion, United States of America
What is the test for a criminal conviction for misbehaving under the Mental Health Act?
California, United States of America
In what circumstances will a surety be changed without the consent of the surety?
Saskatchewan, Canada
What is the test for liability in public nuisance cases?
British Columbia, Canada
In what circumstances will the court be very slow to award costs in a personal injury case?
Ontario, Canada
How have the courts dealt with motions to suppress and set aside information pursuant to section 995 of the Penal Code?
California, United States of America
What is the test for a motion to dismiss?
California, United States of America
How have the courts interpreted the language in an agreement between a hospital and a residential developer?
California, United States of America
What is the test for asserting state secrets privilege?
MultiRegion, United States of America
What is the test for denying a defendant a fair trial and an effective defense?
California, United States of America
In what circumstances must a plaintiff identify as a defendant in an amended complaint alleging that defendants conspired to deprive plaintiff of federal constitutional or statutory rights?
MultiRegion, United States of America
What is the test for a motion to set aside section 995 of the California Criminal Code?
California, United States of America
Is occupational rent valid in a family law case?
British Columbia, Canada
Does application of the ordinary rules of evidence violate a defendant's constitutional right to present a defense?
California, United States of America
How have the courts reviewed evidence in a personal injury case?
California, United States of America
Can a party introduce in evidence an out-of-court statement by a declarant who is unavailable as a witness at trial?
California, United States of America
What is the "best interests of the child" in a custody dispute?
New Brunswick, Canada
Does a restriction on the operation of a vehicle constitute consent to possession?
Ontario, Canada
Can a sex offender's criminal record be expunged?
MultiRegion, United States of America
What is the test for wilfully obstructing a peace officer?
British Columbia, Canada
What is the burden of disproof in a motor vehicle accident case?
Alberta, Canada
What is the burden of establishing a conflict of interest in a civil case?
MultiRegion, United States of America
How have courts interpreted section 654 of the Criminal Code when a defendant is convicted of first degree robbery as an accomplice to an armed robber and possession of a firearm by felon?
California, United States of America
Is a breach of trust accounting rules sufficient to constitute professional misconduct?
British Columbia, Canada
What is the standard for appellate review of a decision to dismiss charges or allegations in the furtherance of justice?
California, United States of America
What is the burden of persuasion regarding race motivation?
California, United States of America
Does a defendant have been denied a fair trial by allowing a witness support person to attend the trial?
California, United States of America
In what circumstances will a judge be asked to recuse himself from a case?
British Columbia, Canada
Are there any cases where a jury was found to be biased against defendant?
California, United States of America
What is the burden of informed consent placed on the patient when advised to undergo the first angiogram?
Ontario, Canada
Is a defendant entitled to an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct?
California, United States of America
What is the test for a search warrant to seize a person from a bus stop?
MultiRegion, United States of America
What are the elements of a retaliation claim premised on equal protection under Section 1983?
MultiRegion, United States of America
Is a defendant entitled to appeal against his sentence?
MultiRegion, United States of America
What is the test for indemnifying a party against a solicitor’s bill?
Ontario, Canada
Can a defendant be found guilty of a violation of section 136.1, subdivision (c)(1) of the California Code of Civil Procedure for threatening and verbally abusing a witness?
California, United States of America
How have courts interpreted the inevitable discovery doctrine in the context of an illegal search?
California, United States of America
Does a judge have any authority or authority to bar a district attorney from assisting in the selection of counsel for an indigent defendant?
California, United States of America
Does the Fifth Amendment prohibit the prosecution from commenting on the state of the evidence presented at trial?
California, United States of America
What is the test for admitting making a weapon?
California, United States of America
Is there a legal basis for set-off?
Ontario, Canada
What is the standard of review applicable to personal jurisdiction?
MultiRegion, United States of America
In what circumstances will a defendant deny that he went outside into the yard with the mother of the child on the night of the alleged conception?
Saskatchewan, Canada
Is a prison official liable for deliberate indifference to serious medical needs?
MultiRegion, United States of America
What are the guiding principles in apportioning costs?
British Columbia, Canada
What is the test for a defendant to have an application for a further medical examination?
British Columbia, Canada
What is the effect of Proposition 36 on a defendant's appeal against his sentence?
California, United States of America
How to cross-examine witnesses?
California, United States of America
How have courts dealt with claims that an employer fired an employee for breaching internal policy?
California, United States of America
What is the test for determining whether indirect evidence outweigh direct evidence?
California, United States of America
In what circumstances will we show deference to an agency when it does not purport to speak authoritatively?
MultiRegion, United States of America
What constitutes professional negligence in medical malpractice cases?
California, United States of America
What is the test for an "overriding error" in a finding of fact?
Nova Scotia, Canada
What is the threshold for varying a parenting order?
Nova Scotia, Canada
What is the second defense against which the demurrer is aimed?
"New York", United States of America
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act?
British Columbia, Canada
What is the test for a Rehabilitation Act claim based on an employer's alleged failure to accommodate a disability?
MultiRegion, United States of America
What are some cases that have been decided by the Court of Appeal in the past?
Saskatchewan, Canada
What factors are likely to influence the outcome of a class action?
MultiRegion, United States of America
What is the test for a change material to the risk?
British Columbia, Canada
What is the test for a specific offense in the context of making threats to kill, discharge, display, or possession of a firearm or dangerous weapon?
MultiRegion, United States of America
Under what circumstances can a gathering be stopped by the police?
"New York", United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for a motion to suppress a search and seizure?
California, United States of America
Does res judicata apply to a plaintiff's claim as a result of a previous state court judgment?
California, United States of America
Can an employer unilaterally change its terms and conditions of employment?
California, United States of America
What is the test for a prisoner who alleges that he was subjected to cruel and unusual punishment in prison?
MultiRegion, United States of America
What are the limits on attorney's fees?
MultiRegion, United States of America
What is the impact of section 1170.126 of the Criminal Code Act on the right to appeal against a third strike offender's sentence?
California, United States of America
What is the test for a jury to determine whether or not to consider appellant's youth in determining the reasonableness of any belief he had in the need to act in self-defense?
California, United States of America
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim?
California, United States of America
Does a search warrant need to be obtained before a police officer can enter a private residence and make an arrest?
MultiRegion, United States of America
Is a director or officer required to rectify oppression personally?
Ontario, Canada
Can a violation of section 2923.5 of the California Civil Code prevent a foreclosure from going ahead?
California, United States of America
Can a jury consider a witness's prior felony conviction in assessing credibility?
California, United States of America
On what grounds can a judge refuse to dismiss a motion on the grounds of personal injury?
MultiRegion, United States of America
In what circumstances will a global class action be brought?
Ontario, Canada
Is a defendant's unsanitized prior criminal conviction more prejudicial than probative of the witness's credibility?
California, United States of America
Does the "efficient conduct of business operations" constitute a significant governmental interest justifying limits on free speech?
MultiRegion, United States of America
In a motion for summary dismissal of two separate personal injury cases, what are the reasons for dismissing the cases?
California, United States of America
Does a solicitor need to get a written retainer?
New Brunswick, Canada
What is the evidentiary threshold established by a court under s. 1 of the Charter?
Canada (Federal), Canada
What is the test for denying equal protection under the Fourteenth Amendment?
MultiRegion, United States of America
What is the test for obtaining consent for a search that is conducted pursuant to consent?
California, United States of America
In what circumstances will a father not have to pay child support for his pregnant daughter?
Ontario, Canada
In what circumstances will a defendant succeed in his claim that his signature was forged on his notice of appeal and request for a certificate of probable cause?
California, United States of America
Can a prosecutor cross-examine a defendant's attorney's cross-examination of defendant on the basis that it was his own idea to lie and claim self-defense?
California, United States of America
What is the test for a defendant to use excessive force in a sexual assault case?
California, United States of America
Does the crime of escape constitute a second-degree felony-murder?
California, United States of America
Does a child's testimony regarding being molested need to be corroborated to support a conviction for violating section 288 of the Penal Code?
California, United States of America
What is the test for the definition of victim restitution in a personal injury case?
California, United States of America
Is a criminal suspect's statement to law enforcement officers voluntary?
MultiRegion, United States of America
What is the test for responding to an application for discovery?
Alberta, Canada
Does a lack of training in a police interview result in the suppression of a defendant's interview statements?
California, United States of America
Is a defendant entitled to have a jury instructed on any defense which provides a legal defense to the charge against him?
MultiRegion, United States of America
Does a district court's limitation of cross-examination of a witness to specific instances of conduct while prohibiting extrinsic proof on the issue of credibility?
MultiRegion, United States of America
What is the limitation of the charge for an extra space in a residential unit where there is an increase in the amount of space that is charged?
Ontario, Canada
What is the test for determining the credibility of evidence in a sexual assault case?
British Columbia, Canada
Is direct restitution a criminal penalty beyond what a judge can impose?
California, United States of America
Is Imperfect Self-defense a partial defense to a charge of murder?
California, United States of America
Does a motion to review the denial of the motion to reopen have jurisdiction to review that order?
MultiRegion, United States of America
Is there any case law where a judge relied on a probation report?
California, United States of America
What is the test for admitting a confession under the Miranda rights?
California, United States of America
Does an attorney fee provision in a real estate purchase agreement extend to costs incurred in litigating tort claims?
California, United States of America
What is substantial evidence of medical malpractice in routine work setting?
MultiRegion, United States of America
Can the Gougeon Defendants deny that a valid contract of settlement was entered into?
Ontario, Canada
When will a jury not instruct the jury on the statute of limitations regarding the conspiracy charge?
MultiRegion, United States of America
What is the difference between federal and state law in determining whether a corporation can sue in a federal court in a diversity action?
MultiRegion, United States of America
Does a facilitative nexus need to be established to impose a section 12022.7 great bodily injury enhancement?
California, United States of America
What is the standard for "heat of passion" in a murder case?
California, United States of America
Does a jury have to convict a defendant of passing a counterfeit money order in a conjunctive or disjunctive form?
MultiRegion, United States of America
Does a jury have to acquit a defendant of murder for failing to instruct the jury on simple possession of a destructive device?
California, United States of America
How have the courts in Australia treated prior misconduct evidence in a sexual assault case?
British Columbia, Canada
What is the test for restricting cross-examination in a personal injury case?
California, United States of America
How have the courts treated evidence obtained from an informant who had been associated with the investigating officers?
British Columbia, Canada
What is the effect of an order setting aside or setting aside the information in the context of a claim for damages?
California, United States of America
What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation?
British Columbia, Canada
Is there any case law in which the Respondent has been successful in determining the most accurate measure of income?
Canada (Federal), Canada
In what circumstances has the California Board of Education found that the termination of a teacher's employment was in reality in retaliation for his exercise of First Amendment rights?
California, United States of America
Is a defendant entitled to a substantial indemnity for failing to settle?
Ontario, Canada
Can an adult defendant be prosecuted for an offence which has not been proven at the preliminary hearing?
California, United States of America
What is the test for extending the Halliday process beyond medical records?
British Columbia, Canada
Is assault with a deadly weapon an assault punishable as a felony or a misdemeanor in adult court?
California, United States of America
How does section 654 of the Criminal Code apply in a personal injury case?
California, United States of America
In what circumstances is it permissible for a judge to place a crossbow on the back of a bus?
California, United States of America
When a parolee is arrested and incarcerated pending a hearing on a parole violation charge, is he entitled to bail?
"New York", United States of America
What is the test for establishing that a rational trier of fact could have found the essential elements of a crime proven beyond a reasonable doubt?
California, United States of America
Is there insufficient evidence to support plaintiff's Fourteenth Amendment claim?
MultiRegion, United States of America
What is the effect of hearsay on a defendant's testimony?
California, United States of America
Is a statement made by a witness not inadmissible hearsay?
California, United States of America
What is the test for resolving an anti-SLAPP motion?
California, United States of America
