Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the impact of the intention of the drafters on the interpretation and application of a treaty?
Canada (Federal), Canada
What is the test for an offer to settle in exchange for being given sole custody in a divorce proceeding?
British Columbia, Canada
What is the test to prove that proper diagnosis and treatment would have avoided the unfavourable outcome?
Newfoundland and Labrador, Canada
Is a reasonable probability sufficient to undermine confidence in the outcome?
California, United States of America
What is the test for heat of passion to be a murder?
California, United States of America
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant?
California, United States of America
Does a defendant need to show good cause for discovery?
California, United States of America
What are the elements of a civil battery?
California, United States of America
In what circumstances will a jury overturn a conviction for receiving stolen property?
California, United States of America
What is the test for a motion for a new trial when the trial judge said that the damages were inadequate as a matter of law?
California, United States of America
What is the test for using excessive force in self-defense?
California, United States of America
Is a sterilization decree dependent upon statutory authorization or discretionary powers of the court?
California, United States of America
What is the test for a jury to determine the mental state of an aider and abettor in a murder case?
California, United States of America
Does the collateral source rule apply to a tortfeasor such as a public body?
California, United States of America
What is the common law history of a police officer?
Alberta, Canada
Can a federal habeas judge grant relief in a case where the sentencing of an assault with deadly weapon enhancement was based on a state law question?
MultiRegion, United States of America
What is the scope of a prosecutor's argument in a civil case?
California, United States of America
Can the Court of Appeal correct a clerical error in a judgment?
California, United States of America
Are litigation activities protected activity within the meaning of the Anti-SLAPP statute?
California, United States of America
What is the current state of California Labor Code version of retaliation against an employee who reports to a government agency?
California, United States of America
What constitutes a vexatious proceeding or an abuse of the court’s process?
British Columbia, Canada
What is the required provocation for a jury to consider voluntary manslaughter?
California, United States of America
Is a motion for declaratory relief necessary to review an administrative order?
California, United States of America
What is the test for setting aside a default in a personal injury action?
California, United States of America
When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn?
California, United States of America
Is ICBC required to pay certain medical and rehabilitation expenses?
British Columbia, Canada
What is the current state of the law in relation to Rule 32 of the Criminal Code?
MultiRegion, United States of America
Can an employer force an employee to fill a tire outside of the safety cage?
British Columbia, Canada
Are fire suppression costs that are charged by a municipality pursuant to authority conferred on them by the Municipal Government Act?
Alberta, Canada
Is there a reasonable probability that counsel's conduct would alter the outcome of a case?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
Does the Court of Appeal have any authority to interfere with a trial judge’s award of spousal support?
Ontario, Canada
Is evidence that is "inextricably intertwined" with the crime charged under section 404(b) of the Criminal Code considered to be "other acts" in a criminal case?
MultiRegion, United States of America
Is spousal support an equalization matter?
British Columbia, Canada
Does counsel's failure to file a notice of appeal constitute ineffective assistance?
MultiRegion, United States of America
Does the prosecution have a duty to disclose impeachment information at trial?
California, United States of America
What is the current state of the law on the doctrine of 'proper rebuttal evidence'?
California, United States of America
What is the test for a jury to convict defendants of first degree murder?
California, United States of America
Does an oral hearing need to be held in order to meet the standard of procedural fairness?
Canada (Federal), Canada
Does a motion to strike a bill of exceptions need to be made in time?
MultiRegion, United States of America
Is receiving stolen property a criminal offence?
California, United States of America
How have the Supreme Court interpreted the Fourteenth Amendment liberty interest in marital privacy in the context of a state-sponsored anticontraception law?
California, United States of America
Does the right of survivorship confer a complete and perfect gift to a joint tenant of a property?
British Columbia, Canada
Does the Attorney General have discretion to grant asylum?
MultiRegion, United States of America
Is there a new legal obligation that has arisen in the context of the sexual assault statute?
MultiRegion, United States of America
Does a deceased's inability to confer pecuniary benefit prior to his death preclude a beneficiary from recovering the benefit?
Saskatchewan, Canada
Can a reconsideration panel consider extrinsic evidence as part of a judicial review?
British Columbia, Canada
Does a will have to be signed by an executor in order to pass over to the executor of the will?
British Columbia, Canada
What is the test for attacking the validity of a search?
California, United States of America
Does the hearsay rule apply to allegations in pleadings and affidavits?
California, United States of America
How have courts dealt with allegations of abuse of discretion in a sexual assault case?
California, United States of America
Can a defendant replace one or both of his attorneys?
California, United States of America
What is the test for a motion to reopen a judgment in a medical malpractice case?
MultiRegion, United States of America
Does the equal protection clause in the federal and state constitutions preclude intentional and purposeful discrimination in the enforcement of penal laws?
California, United States of America
Does the court have any authority or authority to consider all, part, or none of the testimony of a witness?
California, United States of America
Can a jury rely solely on defendant's failure to testify rather than the testimony of other witnesses?
California, United States of America
Does a real estate lawyer have a fiduciary duty to disclose material facts to a lender client?
Ontario, Canada
What is the burden of proving error at appeal?
California, United States of America
What is the test for determining that a blood alcohol level below 0.05 percent does not give rise to a presumption that a person was not under the influence of alcohol at the time of the crime?
California, United States of America
What is the test for a discrimination claim under s. 15(1) of the Charter of Canada?
Ontario, Canada
How has the Court considered the appellant's claim that the district court erred by refusing to grant him a new trial?
MultiRegion, United States of America
Can a plaintiff who fails to allege a chilling effect on their ability to file an administrative grievance against the prison where they are serving time in prison claim damages for retaliation?
MultiRegion, United States of America
Is an uncharged offense necessarily included within a charged offense?
California, United States of America
What is the test for establishing a conspiracy?
California, United States of America
What are the factors used to determine whether a plaintiff has been defrauded out of their retirement savings?
California, United States of America
Is a client's right to access personal information provided by their lawyer in a deposition relevant to their emotional distress claim?
California, United States of America
If the limitation period does not start to run until the doctor patient relationship with the doctor has terminated, should it continue?
Ontario, Canada
Is involuntary manslaughter a lesser crime than murder?
California, United States of America
Is a plaintiff barred from proceeding with his claim for an Individual Retirement Board (IRB) claim?
Ontario, Canada
What is the impact of an uncorroborated criminal complaint by one spouse against another?
Ontario, Canada
In what circumstances will a plaintiff be found liable in tort for failing to provide a proper medical attention to the recipient of an inter vivos gift?
Saskatchewan, Canada
What is the test for establishing a prima facie showing of good cause in a civil case?
California, United States of America
In what circumstances will a bank be able to bring an action to obtain leave under section 38 of the Bankruptcy and Insolvency Act?
British Columbia, Canada
What is the test for determining whether petitioners have established a likelihood of success on the merits?
MultiRegion, United States of America
What is the test for a civil rights action under the Civil Rights Act?
MultiRegion, United States of America
Is it harmless beyond a reasonable doubt for a defendant to have admitted that they had made false statements in a criminal case?
California, United States of America
In what circumstances will a defendant be charged with possession of PCP for sale?
California, United States of America
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel?
California, United States of America
Is a director or officer required to rectify oppression personally?
Ontario, Canada
What is the test for cancellation of removal for an alien who pleaded guilty to a conjunctively phrased indictment that alleged several theories of the crime?
MultiRegion, United States of America
Does a concurrent sentence under section 654 of the California Penal Code need to be stayed?
California, United States of America
What is the test for a fair hearing?
British Columbia, Canada
What are the factors used by the courts to determine whether or not a portion of pre-tax corporate income should be included in a party's income for support purposes?
Ontario, Canada
Does the federal government have jurisdiction over labour relations?
Saskatchewan, Canada
Is a confession involuntary if it was elicited by any promise of benefit or leniency?
California, United States of America
Can a criminal charge be dismissed under section 1385, subdivision (a) of the California Penal Code?
California, United States of America
What is the propriety of an affidavit containing unsworn letters that express an opinion about the conduct of the other side?
British Columbia, Canada
Is there any case law where a police dog attack a plaintiff?
British Columbia, Canada
What is the test for constitutional validity of an indefinite prison sentence?
MultiRegion, United States of America
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder?
California, United States of America
What are the elements of a modified categorical analysis?
MultiRegion, United States of America
What is the current state of the law on preliminary questioning by the police at the scene of a crime?
"New York", United States of America
What is the effect of the majority opinion in the Supreme Court of Appeal on the limitation of defense counsel's closing arguments?
MultiRegion, United States of America
What is the test for blood samples of a person arrested for driving under the influence of drugs?
California, United States of America
Is there any case law where a plaintiff failed to register as a criminal defendant?
MultiRegion, United States of America
Does the Director of Public Prosecutions have a duty to consider the privacy interests of persons other than the parties?
British Columbia, Canada
Does s.32 and the Rules of Civil Procedure apply to separate actions in a Statement of Claim and Counterclaim?
Alberta, Canada
What is the effect of a de novo dismissal of a complaint for lack of subject matter jurisdiction?
MultiRegion, United States of America
What is the proper procedure for determining whether an appellant can pay probation related costs?
California, United States of America
Does de novo review apply to questions of discovery?
California, United States of America
What is the legal test for determining whether one objective is more important than the other?
Ontario, Canada
Is a judgment of failure to provide for a minor a factor in determining the identity of the child's parent?
California, United States of America
Does the prosecution have a duty to disclose evidence to the accused on the request of the accused?
California, United States of America
What is the test for an equal protection claim under the equal protection clause based on sentencing disparities?
California, United States of America
What is the test for a claim for Social Security benefits under the Social Security Act?
MultiRegion, United States of America
Is loss of housekeeping capacity compensated in a global award for non-pecuniary damages?
British Columbia, Canada
What is the test for establishing a prima facie case in a jury trial?
California, United States of America
Can relevant evidence be excluded from a jury trial?
California, United States of America
Can a jury find prejudice from a failure to give an aiding and abetting instruction when a defendant has been found guilty under instructions based on direct perpetrator liability?
California, United States of America
What are the double costs awarded to a defendant using an offer to settle procedure?
British Columbia, Canada
Does a party have a right to interview and question an adverse witness?
MultiRegion, United States of America
Is section 207(b) of the Ontario Criminal Code vague or unconstitutionally vague?
California, United States of America
What is probable cause when there is a fair probability that contraband or evidence of crime will be found in a particular place?
California, United States of America
What is the test for deductibility of collateral benefits under automobile policies?
Ontario, Canada
What is the quantum of damages for an unsuccessful party in a personal injury case?
Ontario, Canada
What is the relevant case law in BC where the Respondent has more knowledge and experience about procedural and substantive matters than recent or junior lawyers?
British Columbia, Canada
What are the costs of a motion brought by the Applicant in the Superior Court of Justice against the Respondent?
Ontario, Canada
What is the standard on review of a motion for acquittal?
California, United States of America
What is the standard of review for a hospital?
California, United States of America
In an appeal against the District Court's decision that OTET was denied leave to amend its complaint to allege fraud, what are the implications for OTET's claim?
MultiRegion, United States of America
What is the test for bringing a medical malpractice claim against a doctor for malpractice under section 340.5 of the Health and Social Care Act?
California, United States of America
Does a defendant have a right to appeal an in-limine finding that a prior conviction is impeached for impeachment purposes?
MultiRegion, United States of America
Does the trial judge who was trying the case without a jury view the premises?
California, United States of America
What are the elements of a negligent misrepresentation cause of action?
Ontario, Canada
What is the standard at issue in a habeas case?
MultiRegion, United States of America
In what circumstances have defendants failed to establish ineffective assistance of counsel?
California, United States of America
What is the test for the admissibility of new evidence at trial?
British Columbia, Canada
Does section 12022.9 of the California Penal Code apply to a defendant who intentionally injures a pregnant woman and causes the termination of her pregnancy?
California, United States of America
Does the due process clause in the 14th Amendment limit an arbitrator's award of punitive damages?
California, United States of America
Can a defendant make a derivative due process assertion under section 352 of the California Code of Civil Procedure?
California, United States of America
Does the Attorney General have ever been able to argue that a person has a valid claim to be entitled to sue for damages?
California, United States of America
What is the test for a person who is unable to control their own utensils?
Canada (Federal), Canada
What is the test for establishing that counts 1 and 2 were committed in association with a criminal street gang?
California, United States of America
What is the limitation period for an action against an accountant who prepared a federal income tax return?
California, United States of America
Does a landlord have a duty to monitor and prevent the self-healing of a tenant's health and safety?
California, United States of America
What is the test to determine when a defendant has violated his right to a speedy trial?
MultiRegion, United States of America
Can a prosecutor in a civil case argue to a jury that it can find a defendant guilty based on a reasonable account of the evidence?
California, United States of America
What is the proper remedy for failing to provide sufficient evidence of probable cause?
California, United States of America
Is a public agency required to consult with an employee representative before making changes to a bargaining unit?
California, United States of America
Does a complaint that does not state any cognizable cause of action against a defendant and fails to set forth any clear demand for damages support a default judgment?
California, United States of America
Can self-represented litigants recover costs in a personal injury proceeding?
Ontario, Canada
What is the government's burden to prove the absence of the heat of passion beyond a reasonable doubt?
MultiRegion, United States of America
What are the requirements for class certification in a settlement?
British Columbia, Canada
Can a pro se litigant who is not a lawyer for the purpose of representing other defendants in a civil proceeding have the authority to act as an attorney for others than himself?
MultiRegion, United States of America
What is the controlling principle in determining whether a plaintiff has sufficient evidence to support their claim?
MultiRegion, United States of America
What is the test for dismissing a Rule 48(b) dismissal with prejudice?
MultiRegion, United States of America
Is a plaintiff's notice of civil claim arising out of an allegation of fraud and forgery arising from August 2015?
British Columbia, Canada
What is the test for an abuse of discretion review?
California, United States of America
Can an application be dismissed as a ground of appeal?
British Columbia, Canada
Is a motion for summary adjudication a separate and distinct cause of action?
California, United States of America
What is the meaning of the right to answer?
Canada (Federal), Canada
When will a jury raise the issue of commutation during voir dire or during deliberations?
California, United States of America
What is the legal test for a joint penalty submission?
Ontario, Canada
How has the Law Society of Upper Canada dealt with professional misconduct cases?
Ontario, Canada
Does the state have the burden of proving consciousness?
California, United States of America
Can a plaintiff bring an action asserting that they were sexually assaulted during the course of the criminal proceedings?
MultiRegion, United States of America
Can a personal injury plaintiff recover more than the amount of medical expenses he or she incurred?
California, United States of America
Under what circumstances will the prosecution rely on an anonymously reported call from a 911 dispatcher in a motor vehicle accident case?
California, United States of America
What is the burden of establishing admissibility under a hearsay exception?
California, United States of America
How have courts interpreted contract language in the context of a class action waiver?
California, United States of America
What authority does a third party have to consent to a search warrantless search?
MultiRegion, United States of America
Can counsel refrain from calling evidence during argument?
Ontario, Canada
What is the test for evidence of intoxication in a case of imperfect self-defense?
California, United States of America
Is a wife entitled to have her husband declared trustee for her?
British Columbia, Canada
What is the test for a joint contribution claim?
Alberta, Canada
What is the range of competence demanded of an attorney in criminal cases?
MultiRegion, United States of America
Is deprivation of outdoor exercise sufficient to satisfy the objective requirements of the Eighth Amendment?
MultiRegion, United States of America
What is the standard of review in cases involving abuse of discretion?
California, United States of America
What is the definition of great bodily harm under section 273a of the California Penal Code?
California, United States of America
What is the relationship of a husband and wife and what is the impact of the relationship on the marriage?
British Columbia, Canada
Is Boston Pizza's trade-mark inherently distinctive?
Canada (Federal), Canada
Is a speech by a candidate for re-election in a town hall public interest?
Ontario, Canada
Can a defence medical with an orthopaedic surgeon after one has been performed by a physiatrist be performed?
Ontario, Canada
Does the sale of a tax-delinquent property at a tax sale constitute a contract between the purchaser and the state?
California, United States of America
What is the test for a motor vehicle theft?
California, United States of America
Is a crime analyst's testimony prejudicial for purposes of determining guilt or innocence?
California, United States of America
What is the common law test for admitting a spontaneous or excited utterance as an exception to the hearsay rule?
Ontario, Canada
Can an order dismissing a complaint but not dismissing the action be appealed?
MultiRegion, United States of America
What is the test for an individual to claim that they are not a taxpayer?
MultiRegion, United States of America
Does the discovery of a photo at trial delay the running of the AEDPA statute of limitations?
MultiRegion, United States of America
Does the co-conspirator exemption automatically comply with the Sixth Amendment?
California, United States of America
What is the standard of review of the record de novo on appeal?
California, United States of America
What is the test for abuse of discretion in in-court identification?
MultiRegion, United States of America
In what circumstances will a plaintiff be found liable for injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the anti-SLAPP statute and what is its effect?
California, United States of America
Does a waiver of any right to apply to vary any term of the agreement between the parents apply to this court?
British Columbia, Canada
Does a statutory restriction on requesting disclosure of evidence of criminal activity in the course of a family court controversy provide immunity from prosecution?
British Columbia, Canada
Is a defendant entitled to damages if he fails to testify in his defense?
California, United States of America
What is the standard of review for a charge of instructional error?
California, United States of America
When a prosecutor makes a closing argument about the failure of the defense to introduce material evidence, what is the state of the evidence?
California, United States of America
What is the difference between a motion for contempt for contempt and a motion to commit the respondent to prison?
British Columbia, Canada
How has the court exercised its exercise of discretion in determining that none of the documents considered should be disclosed to the defense at an in camera hearing?
California, United States of America
What is the test for a motion to amend the terms of an amended notice of motion?
Nova Scotia, Canada
How have we applied the de novo standard of review in arbitration cases?
California, United States of America
What is the burden of proof for a plaintiff who alleges misconduct by a police officer?
California, United States of America
Is there any case law in which a judge has found no errors or errors?
California, United States of America
How have courts interpreted the terms 'maintaining' or 'opening' in reference to narcotics cases?
California, United States of America
What common law principle applies to articles attached to a piece of land?
Manitoba, Canada
What is the test for establishing a hostile work environment in a parole case?
MultiRegion, United States of America
What are the purposes of a court's costs policy?
Ontario, Canada
