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.
In what circumstances will a defendant be allowed to cross-examine the results of a polygraph?
MultiRegion, United States of America
How have courts considered the concept of a "floating trust" in the context of a grant of the residue of an estate to the surviving spouse for her own use absolutely?
Ontario, Canada
What is the test for knowing of an individual's intent to murder?
California, United States of America
What is the current state of the law on perjury in a civil case?
MultiRegion, United States of America
What is Lord Macnaghten's definition of damages?
Saskatchewan, Canada
What is the test for attributing significance to a word, phrase, sentence and part of a rule?
California, United States of America
What is the appropriate format for a hearing at the Court of Appeal?
British Columbia, Canada
Is a request to admit procedure inappropriate?
Ontario, Canada
What is the test for a fiduciary to return a property to its original owner?
Newfoundland and Labrador, Canada
What is the test for a claim of misfeasance in public office?
British Columbia, Canada
Can defense counsel object to an order for an attorney fee on appeal?
California, United States of America
What is the legal test for a dependent contractor?
British Columbia, Canada
What is the test for warrantless searches under the Fourth Amendment?
California, United States of America
What is the test for undue hardship in determining child support?
Manitoba, Canada
What is the CRT’s process for determining liability of a plaintiff?
British Columbia, Canada
What rights does a prisoner have to access the grievance system?
MultiRegion, United States of America
Is a business record admissible as evidence in a civil case?
California, United States of America
In what circumstances will a motion be heard that the exhibition of photographs of the accused's alleged victims be prejudiced if there is no attorney representing the accused?
MultiRegion, United States of America
What is the test for calling a rule nonjurisdictional?
California, United States of America
What is the test for determining the intent of a judge in a civil case?
California, United States of America
What is the state of the law on express advocacy in an election mailing?
MultiRegion, United States of America
Can a reviewing court review a trial judge's disposition on costs?
Ontario, Canada
What is the value of a plaintiff's income for the period between the time of trial and the date of trial?
British Columbia, Canada
What is the test for establishing a finding of fact by a jury?
California, United States of America
What is the standard of proof in a sexual assault case?
California, United States of America
What is the rule of the rule on voluntary testimony?
Newfoundland and Labrador, Canada
What is the law on liability for injuries sustained by a spectator at a hockey game?
British Columbia, Canada
Can a defendant be prejudiced by admitting evidence of a prior conviction for driving under the influence?
California, United States of America
Can an individual who is not a defendant in an action brought in the county where the action was commenced be allowed to change venue?
California, United States of America
What is the test for finding liability for misrepresentation?
Alberta, Canada
What is the test for admitting evidence of obstruction?
Saskatchewan, Canada
If we were present at the trial, would we have found that the trial court erred on the issue of proximate cause?
MultiRegion, United States of America
What is the impact of wealth on determining whether a punitive damages award is excessive?
California, United States of America
What is the test for a defense counsel to ask to testify as an advocate while continuing to act as a witness?
MultiRegion, United States of America
What is the common law duty of disclosure for a surgeon?
Ontario, Canada
What is the test for preparing for a crime?
California, United States of America
How is lost income earning capacity assessed in the context of loss of income for the purposes of a disability assessment?
British Columbia, Canada
Does an employer's favorable treatment of "Asian employees" in hiring new employees answer to a claim of discrimination based on national origin?
MultiRegion, United States of America
Does a trial court abuse its discretion in sentencing a defendant to the upper term?
California, United States of America
What is the test for cross-examining an expert in a medical malpractice case?
California, United States of America
Can a federal judge review an action brought by the Department of Justice in the District Court?
MultiRegion, United States of America
How does the US Supreme Court review challenges to the sufficiency of evidence de novo?
MultiRegion, United States of America
What is the test for determining whether a state court made an unreasonable determination of the facts?
MultiRegion, United States of America
In what circumstances will summary judgment be granted in a personal injury case?
Ontario, Canada
Is it inappropriate for a court to go behind the exercise of prosecutorial discretion?
British Columbia, Canada
Is a developmentally disabled defendant competent to stand trial?
California, United States of America
Can an employee withdraw from the workplace because of the risk to the employee's safety?
Canada (Federal), Canada
Can an employer be held liable for discriminating against its employees based on race or gender?
MultiRegion, United States of America
What is the test for a "clean break" award under the Divorce Act?
British Columbia, Canada
What are the rights of a public safety officer in a disciplinary proceeding?
California, United States of America
What is the test for assessing qualified immunity in a civil case?
MultiRegion, United States of America
Can attorney fees be made payable in the court?
California, United States of America
Is a search warrant justified at its inception?
California, United States of America
How have courts reviewed expert testimony in medical malpractice cases?
California, United States of America
What are the elements of mail fraud?
MultiRegion, United States of America
What is the test for wrongful suspension of privileges after a peer review proceeding?
California, United States of America
Is evidence prejudicial under section 352 of the Criminal Code?
California, United States of America
What is the test for a jury to determine whether a plaintiff has suffered great bodily injury?
California, United States of America
Can a criminal conviction for a motor vehicle accident be reduced from a felonies to a misdemeanor?
California, United States of America
What is the limitation on seizure of evidence from a search warrant?
California, United States of America
Can a Minister of Natural Resources, the Government’s Agent, be found to have acted in bad faith?
Newfoundland and Labrador, Canada
What is the test for probable cause?
MultiRegion, United States of America
Can a guardian ad litem bring an action for divorce on behalf of a conservatee?
California, United States of America
What is the test for establishing that registered title to a property is valid and accurate?
British Columbia, Canada
What is the effect of the "pragmatic and functional methodology" used to determine the appropriate standard of review in an appeal?
Canada (Federal), Canada
How have the courts applied the substantial evidence standard of review?
California, United States of America
Can an adjudicator give greater weight to a constable’s analysis than that of a motor vehicle constable?
British Columbia, Canada
How has the court determined that defendant remained an unreasonable risk to public safety while on probation and on parole?
California, United States of America
What is the test for imperfect self-defense?
California, United States of America
Can a plaintiff plead for another plaintiff in a personal injury action?
Canada (Federal), Canada
What is the duty of counsel to instruct on manslaughter in a criminal case?
California, United States of America
What are the implications of common issues that remain after common issues have been resolved?
Ontario, Canada
Does a directed verdict need to be reviewed de novo?
MultiRegion, United States of America
What is the test for opposing an order for attorney fees under section 987.8?
California, United States of America
What is the effect of fleeing the scene of crime when confronted by the police?
California, United States of America
Is prior conviction evidence in a sexual assault case admissible at trial?
California, United States of America
What is the test for credibility in a review?
California, United States of America
When will the court abuse its power to question the jury in a civil case?
California, United States of America
Does a defendant have a duty of care to prevent a collision between a car and a parked vehicle?
California, United States of America
What is the effect of a judge's summing-up observations on the question of manslaughter in a trial for murder?
Saskatchewan, Canada
What is the case law regarding spousal support for a married couple?
British Columbia, Canada
What is the test for ordering a criminal defendant to pay defense costs under section 987.8 of the California Criminal Code?
California, United States of America
Does the Eighth Amendment need to be considered in the context of dental malpractice cases?
MultiRegion, United States of America
What is a fiduciary duty on a trustee?
British Columbia, Canada
Can a jury refuse to consider the deterrent or nondeterrent effect of the death penalty?
California, United States of America
What is the test for determining whether the evidence sufficient to convict a defendant in a sexual assault case?
MultiRegion, United States of America
Is a recipient spouse entitled to common-law spousal maintenance?
British Columbia, Canada
Does a waiver of right not to seek relief from the first instance constitute waiver of rights?
MultiRegion, United States of America
Does a failure to object at sentencing to statements contained in a presentence report bar collateral relief?
MultiRegion, United States of America
In a personal injury case, in what circumstances would counsel have objected to a motion of no objection?
California, United States of America
Does a pro se pleading in a civil rights case have to be interpreted as pro se pleadings?
MultiRegion, United States of America
What is the proper order of proof in a criminal trial?
California, United States of America
In an openended consent agreement, can one parent leave Australia with their child for an indefinite period?
Nova Scotia, Canada
What is the test for establishing that identification procedure does not violate due process?
MultiRegion, United States of America
What is the test to suppress evidence in a criminal case?
California, United States of America
What is the effect of a breakdown in a marriage that has resulted in a spouse becoming the sole caregiver for two young children?
British Columbia, Canada
What is the test for establishing that there is a conspiracy to establish that there was one overall agreement?
MultiRegion, United States of America
What is the test for pleading in a personal injury action?
British Columbia, Canada
What is the difference between non-pecuniary and pecuniary damages in the assessment of damages for loss of a marriage?
British Columbia, Canada
Is there any case law where simple possession instructions were not given?
California, United States of America
What is the impact of a motor vehicle accident on a plaintiff's financial obligations?
New Brunswick, Canada
Is there a cause of action for negligent breach of statutory duty?
British Columbia, Canada
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases?
California, United States of America
What is the burden on Grappo to prove that he made a mistake in making a statement of error?
California, United States of America
What is the current state of the law on retroactive retroactivity in criminal cases?
MultiRegion, United States of America
Does a section 487.3(1) non-disclosure order or a variation of one need to be issued for an indefinite time period?
Newfoundland and Labrador, Canada
What is the test for reversal of a first degree murder conviction under a felony-murder theory?
California, United States of America
What is the test for determining whether a defendant obtained a fair and impartial trial?
California, United States of America
What is the impact of the absence of an opportunity to provide evidence about the form of marriage certificate issued 45 years ago?
Canada (Federal), Canada
Is an interim support order intended to be temporary?
British Columbia, Canada
Is there probable cause to arrest a suspect when "the facts available to the officers at the moment of the arrest would be reasonable caution"?
California, United States of America
Does the Statement of Claim identify a class as a result of the cracking, shredding and fraying of the tracks?
Saskatchewan, Canada
What are the principles applicable when assessing whether gender impacts an earnings loss assessment?
British Columbia, Canada
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108?
California, United States of America
What are the consequences of a finding of error in a motion for personal injury?
MultiRegion, United States of America
What is the legal test for failing to file an accusatory instrument under the New York State Criminal Code?
"New York", United States of America
In what circumstances have courts allowed a defendant to plead no defense when he shot and killed a pedestrian during a robbery?
California, United States of America
Does a trial court have a constitutional right to cross-examining a witness during cross-examination?
California, United States of America
Can an attorney be penalized for advising disobedience?
California, United States of America
What is the test for ordering a second defence medical?
Ontario, Canada
What evidence was sufficient to prove methamphetamine was methamphetamine?
California, United States of America
Can a search warrant be issued for a suspect's home based only upon probable cause that the suspect was guilty of the underlying crime?
MultiRegion, United States of America
How have courts interpreted the doctrine of abandonment in a criminal case?
California, United States of America
When will a federal court order the exclusion of evidence that has been obtained unconstitutionally?
MultiRegion, United States of America
What is the test for a child pursuing post-secondary education?
British Columbia, Canada
How does the Court of Appeal review a finding of sexual assault?
California, United States of America
Can an attorney bind his client to an agreement for arbitration?
California, United States of America
Does lack of jurisdiction apply to a habeas corpus application?
British Columbia, Canada
Does the judgment "without prejudice" any rights that may have to relief by way of a petition for writ of habeas corpus address two ineffective assistance of counsel claims?
California, United States of America
Is there a conflict of interest between a defendant and his attorney?
California, United States of America
What is the standard of review for a finding of fact or mixed fact and law?
Canada (Federal), Canada
Can a judge conduct voir dire in a trial?
MultiRegion, United States of America
What is the test for striking or dismissing a prior conviction?
California, United States of America
Does a defendant have an ex post facto right to appeal against his sentences?
California, United States of America
What is the test for a defendant to argue that a district court erred in departing from the guideline range?
MultiRegion, United States of America
What is the standard of care required by a medical malpractice board to be negligent?
British Columbia, Canada
What is the test for non est factum?
British Columbia, Canada
How have courts dealt with the issue of misconduct on appeal?
California, United States of America
How have the courts treated a mother's medical history during and after her pregnancy?
MultiRegion, United States of America
What is the test for reasonable suspicion of criminal activity?
California, United States of America
Does litigation privilege end when the litigation ends?
Ontario, Canada
What are some cases where the courts found reasonable suspicion to justify a patdown search?
California, United States of America
What is the test for admitting evidence in a sexual assault case?
California, United States of America
Is there an evidentiary hearing to determine if counsel breached their duty of loyalty by calling a client a "stupid nigger son of a bitch"?
MultiRegion, United States of America
Does a school superintendent have civil immunity from liability in a civil action brought by a group of tenants of a school?
"New York", United States of America
Is there any case law that states that parity can be achieved between income tax and income tax?
Nova Scotia, Canada
Can a defendant be convicted of leaving the scene of a single collision where there was no dispute that there was only one accident?
California, United States of America
What is the test for establishing "good cause" in a civil case?
California, United States of America
Is an unsigned translation of a witness statement admissible in an extradition hearing?
MultiRegion, United States of America
What is the burden of proving action in furtherance of a conspiracy?
MultiRegion, 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
What is the test for establishing that a party is not a party to the claim?
British Columbia, Canada
What is the test for resolution of an anti-SLAPP motion?
California, United States of America
What is the standard of review in the context of a criminal case involving direct evidence against a defendant?
California, United States of America
In what circumstances will the Court grant a temporary order to remove a child from the care of the child's biological mother?
MultiRegion, United States of America
Does the use of marijuana dealing prior to a drug possession case preclude a drug dealing prior in a cocaine case?
MultiRegion, United States of America
What is the test for determining probable cause in a civil case?
California, United States of America
Can a police officer be required to release a detainee arrested without a warrant where the groundless nature of the charges have become apparent?
MultiRegion, United States of America
Can a probationer be punished for presence, possession, or other actions absent proof of scienter?
California, United States of America
Does Section 654, subdivision (a) of the California Criminal Code prohibit multiple punishment for a single crime?
California, United States of America
What are the reasons given by the judge in Special Chambers?
Alberta, Canada
Does the cumulative effect of a single error in the criminal code constitute a cumulative failure to grant a habeas relief?
MultiRegion, United States of America
What is the rule of delayed commencement in a contract where a party is injured in an accident and damages claim against the other party?
California, United States of America
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies?
British Columbia, Canada
Is a Rule 41(b) dismissal for failing to respond to an ultimatum?
MultiRegion, United States of America
Does a new trial need to be ordered?
British Columbia, Canada
Is there any element of force, or fear, in the possession or carrying away of a person?
California, United States of America
What is the test for overturning a conviction for solicitation of murder?
California, United States of America
What is the test for a motion to remove paragraph 6 of Rule 173 of the Rules of Civil Procedure?
Saskatchewan, Canada
What constitutes newly discovered evidence in the context of a motion for a new trial?
MultiRegion, United States of America
Is service necessary on an attorney who has made an initial appearance in a contempt proceeding?
California, United States of America
What is the test for establishing a binding contract in writing?
British Columbia, Canada
Is a defendant’s jury notice struck?
Ontario, Canada
What is the standard of review for a claim of palpable and overriding error?
Ontario, Canada
What is the test for making a determination of arrest within 48 hours?
California, United States of America
What is the test for a fireman's rule?
California, United States of America
If a witness is intimidated into giving evidence to a grand jury, is that intimidation offset by the introduction of the witness's prior testimony?
MultiRegion, United States of America
What is the test for a disqualification motion for abuse of discretion?
California, United States of America
When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory?
California, United States of America
What is the proper procedure for a plaintiff to claim damages in a motor vehicle accident?
British Columbia, Canada
Can a motion for discovery be reviewed for abuse of power?
MultiRegion, United States of America
In a notice of civil claim action, does a defendant have to disclose customer data in order to be successful?
British Columbia, Canada
Is there a requirement that one must point and discharge a rifle in order to complete the unlawful object of robbery?
British Columbia, Canada
What is the test for striking out pleadings in a class action?
British Columbia, Canada
What is the test for appeal against the exclusion of evidence in a sexual assault case?
California, United States of America
What is the test for standing in a condominium application?
Ontario, Canada
Is a life sentence imposed under section 186.22 of the California Criminal Code applicable to a convicted gang member?
California, United States of America
What is the correct approach when a contract was formed?
Saskatchewan, Canada
How have the courts in Taiwan dealt with the issue of parental consent to place a child with the paternal grandmother in Egypt?
Ontario, Canada
What is the legal set-off at common law?
Alberta, Canada
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard?
MultiRegion, United States of America
What constitutes a SLAPP and what is the test for striking?
California, United States of America
What is the presumption of private ownership by the adjacent landowner to the midpoint?
Ontario, Canada
Is there a statutory or common law basis upon which to conclude that the onus of liability rests with the respondent?
Nova Scotia, Canada
What are the circumstances relevant to determining whether a defendant was in custody for the purposes of Miranda?
California, United States of America
What is the legal test for a search and seizure without a warrant?
California, United States of America
Can the Attorney General construe "extreme hardship" narrowly?
MultiRegion, United States of America
What is the legal test applied in the defence of provocation in a drunkenness context?
Alberta, Canada
What is the test for suppressing evidence in civil cases?
California, United States of America
Does a seller have an insurable interest in the property after they have sold it?
California, United States of America
