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 a federal official's personal jurisdiction?
MultiRegion, United States of America
Does the prison mailbox rule apply to both state and federal filings by incarcerated inmates?
MultiRegion, United States of America
What is the test for substantial evidence in a sexual assault case?
California, United States of America
What is the test for replacing a defense counsel with a Marsden?
California, United States of America
How have courts considered whether a prosecutor excused or excused two jurors on the basis of race?
California, United States of America
Is a motorcyclist entitled to claim title to a motorcycle?
Alberta, Canada
Is a prosecutor who uses deceptive or reprehensible methods to persuade the jury to commit misconduct committed misconduct?
California, United States of America
What are the consequences of failing to submit objections to an Order of the District Court of Appeal?
MultiRegion, United States of America
Does the alleged defectiveness of the predicate notice and Petition constitute a "jurisdictional defense"?
"New York", United States of America
What is the standard of care applicable to an investment advisor?
British Columbia, Canada
Is there a class action for personal injury and property damage caused by toxic pollution?
California, United States of America
What is the standard of review for the legal correctness of an instruction?
California, United States of America
Can a notary public be charged with possessing completed notary acknowledgements under section 475(a) of the California Penal Code?
California, United States of America
What constitutes substantial evidence in a proceeding under section 1368 of the Criminal Code?
California, United States of America
What is the test for a prison officer to prevent a riot?
MultiRegion, United States of America
What is the test for obtaining a preservation order for partnership property?
British Columbia, Canada
Does a defendant have a "vested right" to attend a parole review hearing?
California, United States of America
When will a judge order a present sanity hearing for a defendant?
California, United States of America
What is the test for a claim for breach of the implied covenant of good faith and fair dealing?
MultiRegion, United States of America
What is a service provider's interest in preventing the criminal misuse of its services?
Ontario, Canada
What is the test for mere violation of the Vermont Motor Vehicle Accident Prevention Act?
MultiRegion, United States of America
What is the test for establishing that a witness has a valid medical record?
MultiRegion, United States of America
What is the legal test for a motion for failure to show new facts or law?
California, United States of America
What is the role of a reviewing judge reviewing the adequacy of the consultation process?
British Columbia, Canada
What is the test to include an uncharged crime in a greater charged offence?
California, United States of America
What is the test for a pro se civil rights complaint?
MultiRegion, United States of America
What is the test for expunge a trade mark?
Canada (Federal), Canada
What is the test for bifurcation in a criminal case?
California, United States of America
What is the test for admitting or denying abuse of evidence?
MultiRegion, United States of America
Does equitable tolling apply to an attorney's delayed follow-up to a medical malpractice claim?
MultiRegion, United States of America
What is the difference between a hearing in the trial court and the appeal?
California, United States of America
In what circumstances will a plaintiff be able to claim damages for loss of earnings capacity?
California, United States of America
What is the test for an application to compel a party to waive their Fifth Amendment right against self-incrimination in a civil action?
"New York", United States of America
What is the test for a motion to dismiss a motion alleging that a particular circumstance does not constitute a permissible basis for departure?
MultiRegion, United States of America
What analysis applies to this matter, regardless of whether it is brought by way of statutory appeal or judicial review?
British Columbia, Canada
What is the test to set aside a domestic contract?
Ontario, Canada
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy?
California, United States of America
What are the factors used to determine liability for a motor vehicle accident?
California, United States of America
Can a prosecutor be admonished for making inappropriate comments to the jury?
California, United States of America
What is the standard for independent review in criminal cases?
California, United States of America
What is the effect of a delay in obtaining an application for a hearing in a non-contact hockey case?
Ontario, Canada
What is the legal test for a disclaimer under s. 99(1) of the Bankruptcy and Insolvency Act?
Manitoba, Canada
What is the test for certifying a motion under the Speedy Trial Act?
MultiRegion, United States of America
What is the case law on the validity of the Mehr?
Ontario, Canada
What is the test for using an independent third party investigator to conduct a sexual harassment investigation?
Canada (Federal), Canada
What is the test for obtaining a search warrant for an alleged drug dealer based on a tip from a confidential informant?
MultiRegion, United States of America
What is the standard of care of a doctor in a claim of medical malpractice?
Ontario, Canada
Does the privilege against self-incrimination apply to a defendant in a civil proceeding?
"New York", United States of America
What is the test for the prosecution in a second degree murder and death due to elder abuse case?
California, United States of America
What is the legal test for timely filing of a Notice of Appeal?
California, United States of America
Does the doctrine of Arbuckle apply to a defendant who pleads guilty to a felony pursuant to section 859a of the California Criminal Code?
California, United States of America
Is a prosecutor's plea to the jury to give justice to the victims improper?
California, United States of America
What is the standard of negligence in responding to and treating a medical condition?
MultiRegion, United States of America
What is the test for warrantless entry into a house without a warrant?
California, United States of America
Is a reference in each account sufficient to make it final?
British Columbia, Canada
What is the effect of a motion to suppress evidence at a preliminary hearing?
California, United States of America
Is a witness entitled to a "vouching"?
MultiRegion, United States of America
What is the test for negligence in a motor vehicle accident?
British Columbia, Canada
What is the test for admitting testimony under Rule 801(d)(2)(E)?
MultiRegion, United States of America
What is the test for terminating a person's welfare rights without a hearing?
California, United States of America
Does the applicant have any knowledge to make a claim?
Ontario, Canada
Does the anti-SLAPP statute apply to communications made to a court and internal affairs investigator in breach of a settlement agreement?
California, United States of America
When will a defendant waive his right to be personally present at trial?
California, United States of America
Is a tenant not a licensee?
Ontario, Canada
What is considered to be a severe impairment or combination of impairments at step two of a disability application?
MultiRegion, United States of America
Is the sentence imposed on an appellant who was convicted of assault with intent to cause grievous bodily harm disproportionate?
California, United States of America
What is the legal test for a motion of summary judgment or due diligence?
Ontario, Canada
What is the burden of proving that a councillor has breached the Municipal Censation Act?
Ontario, Canada
What is the majority’s approach to assessing a religious infringement?
Canada (Federal), Canada
Can the Court of Appeal intervene in a discretionary decision?
Ontario, Canada
What is the test for interpretation of the Settlement Agreement?
British Columbia, Canada
Does a trial court have to give a jury a specific time limit for its deliberations?
California, United States of America
Can an employer be held vicariously liable for the actions of an independent contractor?
MultiRegion, United States of America
What is the current state of the law on "tactical counsel" in a sexual assault case?
California, United States of America
What is the test for accepting a waiver of parental rights from a juvenile court?
California, United States of America
What factors will the court consider when deciding whether to grant costs to a party seeking damages under the Negligence Act?
British Columbia, Canada
Does Section 26 of the Criminal Code allow for the defense of duress?
California, United States of America
What is the test for exhaustion on a habeas petition?
MultiRegion, United States of America
Can a plaintiff bring an amended federal complaint in response to the dismissal of her state sexual harassment claim?
MultiRegion, United States of America
Can a motion to suppress evidence be made under section 1538.5 of the California Evidence Code?
California, United States of America
What is the test for a motion to suppress confessions and admissions obtained by the police as a result of an unlawful search or seizure?
California, United States of America
What is the test for selecting an expert in a medical malpractice case?
California, United States of America
Can counsel present a section 170.6 peremptory challenge at a hearing on a motion for judicial review?
California, United States of America
What is the common law tort of abuse of process?
California, United States of America
Does the Minister of Justice have an obligation to execute a removal order as soon as reasonably practicable?
Canada (Federal), Canada
Can the Respondent argue that post-referral evidence is the basis of a new complaint?
Canada (Federal), Canada
What is the test for a judge to order that a defendant be represented by counsel at trial?
California, United States of America
What is the test for determining whether or not support should be awarded to a plaintiff in a civil case?
Ontario, Canada
What jurisdiction does the federal district court have in a civil case?
MultiRegion, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
How does the appellate court review a trial court's decision on a disqualification motion?
California, United States of America
Can a plaintiff obtain a cause of action for rescission based on unlawful consideration against an executory contract?
California, United States of America
Can an appeal be appealed from a judgment that fails to dispose of all causes of action between the parties?
California, United States of America
Is a promissory note payable at 14.25% per annum until paid?
Saskatchewan, Canada
What is the current state of the law in the United States with respect to the privacy rights of internet subscribers?
Saskatchewan, Canada
What is the effect of attacks on the truthfulness of search warrant affidavits?
California, United States of America
What is the test for determining whether a jury has been misled to consider statements made by a witness in a shooting incident?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Is a conviction for possession of burglary tools a misdemeanor or a criminal offence?
California, United States of America
Where a rule of decisional law is enunciated as an application of previously existing principle, must it be applied in all open cases?
California, United States of America
Is there any error in the way the jury was instructed to interpret the word "unlawful" rather than "attempted"?
California, United States of America
What is the test for reading only the word only in the instruction to a jury in a motor vehicle case?
California, United States of America
Does the introduction of evidence at trial affect a defendant's right to due process?
MultiRegion, United States of America
In what circumstances will the US Supreme Court review the language and formulation of a jury instruction for abuse of discretion?
MultiRegion, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments under the same law?
California, United States of America
Can section 437c, subdivision (f)(2) of the California Code of Civil Procedure be easily interpreted?
California, United States of America
Does the law allow the court to consider the effect of the deceased's will on the issue of maintenance and support?
British Columbia, Canada
What is the test for a constructive trust claim in a foreign immoveable property?
Ontario, Canada
What is the test for a stay of enforcement order pending appeal?
Newfoundland and Labrador, Canada
What is the state of the law in the context of a reduction in the amount of time for a defendant to plead guilty to a charge of sexual assault?
MultiRegion, United States of America
Does the rejection of a finding that the letter was deceptive or misleading?
British Columbia, Canada
What is the definition of a burglary under section 459 of the California Criminal Code?
California, United States of America
What is the test for reasonable diligence in a substituted service application?
California, United States of America
What is the legal test for having a motion on the Commercial List before the Court of Appeal?
Ontario, Canada
What is the test for awarding separate trials for liability and damages in a motor vehicle accident?
Nova Scotia, Canada
What are the elements of an attempt to possess cocaine with the intent to distribute?
MultiRegion, United States of America
Does a prisoner have a constitutional right to attend an administrative appeal or grievance proceeding?
MultiRegion, United States of America
What is the test to successfully challenge the facial validity of a statute?
California, United States of America
What is the test for reasonable doubt in a civil case?
California, United States of America
What is the standard of care that a doctor must adhere?
Alberta, Canada
Does Defendant have an affirmative defense of the "antique firearm" exception?
MultiRegion, United States of America
What is the test for equal division of the matrimonial home?
British Columbia, Canada
What is a search and what is the scope of search?
British Columbia, Canada
Can a professional license be revoked on the basis of moral turpitude?
California, United States of America
Is a prosecutor permitted to vouch for the credibility of his or her witnesses?
California, United States of America
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 reasonable notice for employees in their 40s and 50s?
Alberta, Canada
When will a child tax benefit be prorated between two parents?
Canada (Federal), Canada
Can APR #2 be considered to have been filed in a timely manner?
Canada (Federal), Canada
Is a prison officer obligated to take steps to prevent an assault on an inmate?
MultiRegion, United States of America
Can inspection reports generated as a result of government inspections be considered "supplied" by a third party?
Newfoundland and Labrador, Canada
What is the test for the purpose of setting the question down?
Saskatchewan, Canada
What is the effect of reservation rights against sureties?
Ontario, Canada
Does the term owner include the registered owner and the actual owner?
Ontario, Canada
Is a motorist entitled to be questioned by a police officer on a matter unrelated to the operation of his vehicle on a motor vehicle?
British Columbia, Canada
How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop?
California, United States of America
What is the test for a felony-murder special circumstance?
California, United States of America
What is the test for denying attorney fees for abuse of power?
California, United States of America
Does a district court err in denying leave to amend where the amendment would be futile or subject to dismissal?
MultiRegion, United States of America
What is the test for rule of evidence in a personal injury case?
California, United States of America
What provisions should be added to the pension of the husband when he retires?
British Columbia, Canada
Can a search warrant authorize a pat-down search of an appellant during a search?
MultiRegion, United States of America
What is the test for making a complaint against a property developer?
MultiRegion, United States of America
Is a plaintiff an independent contractor according to the employer?
British Columbia, Canada
Can a jury impose a death sentence on the grounds that there is lingering doubt that there are mitigating circumstances?
California, United States of America
What are the elements of murder sufficient to allow the jury to find the essential elements of first degree murder?
MultiRegion, United States of America
Can a defendant create prejudice by failing to conduct a thorough investigation of liability after the accident?
Ontario, Canada
What is the effect of a search conducted by a police community support officer on a search warrant?
California, United States of America
Is opinion testimony admissible in a criminal prosecution?
California, United States of America
Is an action by property owners to prevent an up-zoning of their property enforceable?
California, United States of America
What is the test for bad faith?
British Columbia, Canada
What is our role in reviewing a sentence imposed by the federal district court?
MultiRegion, United States of America
What is the test for imperfect self-defense?
California, United States of America
Can a court award special costs to an unsuccessful party?
British Columbia, Canada
Is there any case law where a respondent has not remit collected GST to the government?
British Columbia, Canada
How have courts interpreted the Miranda rights of a suspect who waives their right to counsel?
California, United States of America
What are the elements necessary to sustain a claim of adverse possession?
California, United States of America
Does a tenant have to make compulsory payment in order to avoid forfeiture of their right to possession?
California, United States of America
Can Rule 9-6 of the Rules of Civil Procedure allow summary dismissal of a claim where there are disputed facts in the pleadings?
British Columbia, Canada
Does Section 654 of the California Criminal Code require a single criminal offence to be punished under the same law?
California, United States of America
What is the test for a person to be found guilty of trespass in a foreign country?
"New York", United States of America
Can a testifying witness's out of court identification be corroborated by an in-court identification?
California, United States of America
What is the test for establishing that a prior judgment is conclusive?
California, United States of America
What is the effect of supervised access?
Ontario, Canada
What is the test for admitting evidence of mental illness in a murder case?
California, United States of America
What is the test for a sufficiency of evidence claim?
California, United States of America
Does a federal court order confirming an arbitration award have the same force and effect as a final judgment on the merits?
MultiRegion, United States of America
What is the burden of proving the falsity of a defamation claim?
California, United States of America
What is the test for obtaining a conditional discharge under section 1915(a)(2) of the Criminal Code?
MultiRegion, United States of America
What is the difference between a homeowner's own interest in the security of his residence and society's interest in prevention of crime?
California, United States of America
Can a jury find a defendant guilty of first degree murder if it found the murder was committed by torture or by lying in wait?
California, United States of America
What is the current state of the law on vindictiveness in a criminal case?
MultiRegion, United States of America
What is the proper procedure to appeal or petition for writ of mandamus against an order to reduce a defendant's sentence?
MultiRegion, United States of America
What is the limitation on the scope of an individual's right to sue for damages under the Fourteenth Amendment?
MultiRegion, United States of America
Is a greater than-majority vote requirement in a decision-making process violative of due process?
California, United States of America
What is the test for the defence of qualified privilege?
Ontario, Canada
Is a contract enforceable for breach of contract when the contract is not enforceable?
Alberta, Canada
What are the words of Chief Justice Warren referring to the Eighth Amendment in Trop v. Dulles?
MultiRegion, United States of America
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings?
California, United States of America
What is the test for a search warrant for the seizure of an unauthorised search of a vehicle by a police officer?
Ontario, Canada
Does an application to vary an agreement that is incorporated into a court order for spousal support that is not reached by agreement be subject to the same analysis under the Divorce Act?
British Columbia, Canada
What is the test for pre-authorization of searches under s. 8 of the Charter?
British Columbia, Canada
Does section 654 of the California Criminal Code apply to a defendant convicted of a street terrorism offence?
California, United States of America
Does a defendant have to make a new search and seizure motion at trial?
California, United States of America
What is the quality of evidence needed to be presented to the court in summary judgment motions?
Ontario, Canada
What is the test for a jury to determine whether negligence played any part in the injury or death of a plaintiff?
MultiRegion, United States of America
In what circumstances will the statutory rate of 1% go down to 0.5%?
Ontario, Canada
How have courts interpreted the principle of community of interest in municipal legislation?
Alberta, Canada
What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act?
British Columbia, Canada
Does a psychotherapist have a duty to report suspected child abuse or neglect?
California, United States of America
What is the test for acquittal in a sexual assault case?
California, United States of America
Is manslaughter a lesser crime related to the greater charged offense of murder?
California, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
Does the trial court erred by instructing the jury on self-defense and by declining to give the jury instructions on the lesser related charge of being an accessory after the fact?
California, United States of America
What is the test for appointing counsel to represent a defendant on appeal?
California, United States of America
What is considered "outrageous" behaviour by a defendant in a civil case?
MultiRegion, United States of America
What factors in mitigation are considered in a sexual assault case?
California, United States of America
What constitutes prosecutorial misconduct in a criminal case?
California, United States of America
What is the test for making a jury consider whether or not to question two witnesses subpoenaed by the Government under Government cross-examination?
MultiRegion, United States of America
What is the test for an order to transfer custody from one parent to the other?
British Columbia, Canada
