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 duty of the trial court to instruct the jury on the controlling legal principles applicable to a case?
California, United States of America
What is the effect of postponing equalization of a husband's pension equalization until after the husband’s pension is equalized?
Ontario, Canada
What are the objective factors used by the Court to determine whether a corporation has an intention to profit?
Canada (Federal), Canada
What is the basis for an appeal against a conviction for burglary?
California, United States of America
What is the test for establishing a well-founded fear of future persecution?
MultiRegion, United States of America
What is the effect of not having counsel at a vacation and reconsideration hearing?
Canada (Federal), Canada
What is the test for a warranty or condition precedent?
Alberta, Canada
Is it in the interests of justice to require a natural individual to sell or encumber his assets to post security for a corporation?
Ontario, Canada
What is the effective date of retirement for a judge?
California, United States of America
Is there any case law where a solicitor’s entire account is assessed?
Ontario, Canada
What is the burden of proving that a waiver of the Miranda rights was voluntary?
MultiRegion, United States of America
What is the test for a testamentary capacity?
Alberta, Canada
What is the credibility test for credibility determinations?
British Columbia, Canada
Does a restaurant have an obligation to keep a public crosswalk in a reasonably safe condition?
California, United States of America
What is the general rule against further consideration on a motion for a second new trial?
California, United States of America
Does section 212(c) of the Immigration Code apply in deportation proceedings?
MultiRegion, United States of America
Can a judge recuse himself from hearing a case?
British Columbia, Canada
What are some cases involving Minister of Employment and Immigration who have been found to be discriminatory?
Canada (Federal), Canada
What constitutes negligent misrepresentation in a real estate transaction?
British Columbia, Canada
What is the test for loss of housekeeping capacity?
British Columbia, Canada
What is the burden of a party challenging a judgment or order on appeal?
California, United States of America
How has the court treated the testimony of a defendant who said he insisted upon testifying at trial?
California, United States of America
Does the Fourteenth Amendment condone de facto racial segregation in public schools?
California, United States of America
Can a judge stay the execution of two judgments?
New Brunswick, Canada
What is the state of the law in relation to "intemperate conduct" of the judge at the appeal of a motion of appeal?
MultiRegion, United States of America
What is the standard of review on appeal of premeditated and deliberate murder?
California, United States of America
In what circumstances will the court dismiss an appeal from an order denying a writ of mandate?
California, United States of America
What is the test for determining whether a public entity is liable for a dangerous condition of public property?
California, United States of America
Is a debtor-in-possession permitted to assume a lease or executory contract that would not have been assumed under state law?
MultiRegion, United States of America
What is the test for identifying a latent defect in a property?
British Columbia, Canada
What are the consequences of a decision not to appeal against an 18% reduction in the interest rate on an appeal?
British Columbia, Canada
What is the test for reversal of a judgment in a personal injury case?
California, United States of America
What is the standard of care owed to an invitee by a store owner?
Saskatchewan, Canada
How much legal fees should be awarded to a debtor's attorney for an abuse of funds?
federal, United States of America
Can a court refuse to make an order in the terms of a accepted offer?
Ontario, Canada
Does a police officer have an ongoing duty to investigate or to further investigate if sufficient details are relayed?
MultiRegion, United States of America
Is a distributor entitled to a trade-mark if it has not breached its fiduciary obligations to the foreign principal?
Canada (Federal), Canada
What is the authority for a Rule 20 approach to analysis of rule 49.09?
Ontario, Canada
Can a judge retroactively strike a serious felony enhancement in furtherance of justice?
California, United States of America
What is the Interjurisdictional Support Orders Act, S.B.C. 2002, c.29?
British Columbia, Canada
Does a judge have the power to decree a judicial sale and appoint a receiver?
MultiRegion, United States of America
What is the test for finding a material change in the circumstances of a child under the Divorce Act?
New Brunswick, Canada
What is the test for independent review of a fire safety application?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime?
California, United States of America
Can the City of Vancouver apply for an injunction to prevent the owner of the Art Gallery from using the building from entering the building's grounds without the permission of the Court of Appeal?
British Columbia, Canada
What is the legal test for a claim of misconduct in a civil case?
MultiRegion, United States of America
What is the test for abuse of Rule 14?
MultiRegion, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for an amended compliant in a civil action brought by a plaintiff who alleges that she was subjected to physical abuse?
MultiRegion, United States of America
Is a defendant's lawyer's representation free from conflicts of interest?
MultiRegion, United States of America
What is the test for terminating personal injury mediation?
MultiRegion, United States of America
Is a failure to accommodate a disability claim closely related to an unlawful discharge claim?
California, United States of America
What is the test for a plaintiff's claim that he was ordered to pay a restitution fine, fees and other assessments without determining his ability to pay?
California, United States of America
Does a state habeas corpus petition containing exhausted and unexhausted claims have to be dismissed?
MultiRegion, United States of America
What is the burden of proving that a delay in bringing a criminal charge of sexual assault caused actual prejudice?
MultiRegion, United States of America
What is the test for following too closely and not being prepared for emergent contingencies?
British Columbia, Canada
Is a stop or arrest valid where it is supported by the necessary level of probable cause?
"New York", United States of America
In a sexual assault case, how have the courts interpreted the test in determining whether the evidence is direct or circumstantial?
California, United States of America
What is the test for establishing reasonable suspicion in a motor vehicle stop?
MultiRegion, United States of America
What is the effect of counsel's investigation into the evidence in a personal injury case?
British Columbia, Canada
What is the burden of establishing that there is other work in "significant numbers" for the Commissioner of Public Prosecutions?
MultiRegion, 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 writ of habeas corpus?
California, United States of America
What is the current state of the law on whether a confession is voluntary and admissible?
MultiRegion, United States of America
Can a Judicial Justice of the Peace who issued an arrest warrant for an alleged criminal offence be found to have committed a Charter violation?
British Columbia, Canada
Does the statute of limitation apply to a false arrest claim?
California, United States of America
What is the test for damages in a contract where the contract was not signed?
British Columbia, Canada
What is the test for unjust enrichment in a trust claim?
Ontario, Canada
What is the standard of a physician’s actions in a medical malpractice case?
British Columbia, Canada
Does conflicting affidavit evidence on material facts require a trial?
Ontario, Canada
What is the common law "right" of a state to protect its own interests?
California, United States of America
When the two standards of reasonableness and patent unreasonableness have been collapsed into a single standard, what is the current state of the law on deference?
Ontario, Canada
Does a de novo hearing for an application for an IPO proceed before the same judge who granted the ex-parte order?
British Columbia, Canada
What is the test for corroborating the testimony of an accomplice in a criminal case?
California, United States of America
Does an allegation against a state employee implicate a constitutional liberty interest?
MultiRegion, United States of America
What is the legal test for drafting a pro se pleading?
MultiRegion, United States of America
Is a jury improperly instructed on the cost of retrying a case?
MultiRegion, United States of America
In what circumstances will a prosecutor be admonished for making a false claim?
California, United States of America
What is the test for damages for past loss of income earning capacity?
British Columbia, Canada
Can a minor testify in a sexual assault case?
California, United States of America
What is the test for having access to a child?
Ontario, Canada
Is there any case law or case law in which a plaintiff has been found to be in breach of his right to speak freely in a public office?
California, United States of America
Can a 1985 and 1986 option agreement be invalid and unenforceable?
Saskatchewan, Canada
What is the test for good grounds for a claim of sexual assault?
Canada (Federal), Canada
Is there any case law where a police officer is allowed to draw conclusions based on their own experience of probable cause?
MultiRegion, United States of America
What is the relevance of evidence that is not relevant at trial?
Alberta, Canada
What is the test for giving a second degree felony murder instruction?
California, United States of America
Can a witness change his story after the initial interview?
California, United States of America
What rights does a search warrant have to a police officer who taped conversations with the appellants in the police car and in the jail?
California, United States of America
What is the doctrine of Rylands v Fletcher on nuisance claims?
British Columbia, Canada
What is the range of prison terms for a defendant convicted of assault with intent to murder, assault and firearm enhancement?
California, United States of America
What is the test for dismissing a complaint under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
What is the current state of the law on peremptory challenges?
MultiRegion, United States of America
Is a joint custody order in the best interests of the child?
Ontario, Canada
What is a fraudulent misrepresentation?
Saskatchewan, Canada
What is the test for preferring an affidavit over an affidavit?
British Columbia, Canada
What is the test for procedural due process in a civil action brought by a plaintiff against the state?
MultiRegion, United States of America
Is a state prisoner procedurally defaulted to federal habeas review?
MultiRegion, United States of America
What is the legal test for admitting an error in a witness record?
California, United States of America
What is the state of the law in this case?
California, United States of America
What is the effect of publicity in the media on the sentencing of a physician convicted of rape and sexual assault?
Prince Edward Island, Canada
In what circumstances will a judge and jury decide whether a plaintiff suffered from a fractured skull as a result of a fall from a bridge?
British Columbia, Canada
Is public employee speech protected from retaliation under the First Amendment?
MultiRegion, United States of America
What is the impact of the evidence before the court on an interim application?
British Columbia, Canada
Does a court have to consider a defendant's ability to pay before imposing or executing fines, fees and assessments?
California, United States of America
Does the trial court erred by denying a motion to suppress evidence found during a search of a vehicle by law enforcement?
California, United States of America
What is the impact of estrangement or alienation on a child's social and emotional development and adjustment?
Ontario, Canada
What is the relevant portion of the fee agreement in a family law case?
Ontario, Canada
What is the test for telling a patient of a material risk?
Alberta, Canada
In what circumstances will a court grant an appeal against a probationary sentence?
Alberta, Canada
What are the principles established in Maranda and what are the implications of this?
British Columbia, Canada
Is Respondent liable for costs and attorney fees on appeal?
California, United States of America
Can a probationer who has been convicted of a crime while on probation be bound by a condition that prohibits the probationer from having sex with his or her spouse or other relatives?
California, United States of America
Does the Attorney General have any authority or authority to use excess custody credits?
California, United States of America
Is a jury entitled to consider the closing arguments of counsel?
California, United States of America
What is the impact of the "historic trade-off" emphasized by defendants’ counsel?
Yukon, Canada
Does post-stroke mental deterioration need to be a factor in the determination that a moving party was neglected?
California, United States of America
What is the standard for obtaining a warrant for a search warrant?
California, United States of America
Can a federal prosecutor be found guilty of misconduct for comments made to a jury on Page 18 of the California Criminal Code?
California, United States of America
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons?
Canada (Federal), Canada
What is the test for a claim of insufficient evidence in a criminal case?
California, United States of America
Is there any case law where a defendant's act "went well beyond gross negligence" in a motor vehicle accident?
California, United States of America
What is the current state of the law on the basis of "due process protection"?
California, United States of America
What is the disclosure of the alcohol standard solution for the test in question?
Ontario, Canada
How to establish ineffective assistance of counsel in violation of the sixth amendment?
MultiRegion, United States of America
What is the test for a motion to change the schedule of access for a child by a single mother?
Ontario, Canada
What is the test for determining whether an individual poses a direct threat to the health or safety of others?
MultiRegion, United States of America
In what circumstances will a defendant be found guilty of attempted murder by the Court of Appeal for an armed robbery?
California, United States of America
In what circumstances will a court draw an inference of causation?
Ontario, Canada
In what circumstances will a judge order a sealed criminal record to be used in a civil proceeding?
"New York", United States of America
Is there a risk that the assessment will be used to prejudice the client?
Prince Edward Island, Canada
Is a property settlement agreement enforceable against the beneficiary of a life insurance policy?
California, United States of America
What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat to a person who is under threat of execution?
California, United States of America
Is an executor's primary duty to enforce the wishes of the testator?
New Brunswick, Canada
How have the courts dealt with allegations of intimidation in a civil case?
California, United States of America
Does litigation privilege apply to a plaintiff in a civil case?
MultiRegion, United States of America
Does a defendant who was convicted of murder have any days of conduct credit?
California, United States of America
What is the general rule on interest during liquidation?
California, United States of America
Does a defendant have reason to believe their actions were unlawful?
MultiRegion, United States of America
Can a claim for federal habeas corpus relief be made against a determination of state law that violates federal due process rights?
MultiRegion, United States of America
What is the legal test for mistake as to ownership of a tree?
Ontario, Canada
What is the test for a motion to suppress a charge of possession of a firearm under section 1538.5?
California, United States of America
What is the test for determining interim spousal support under the Divorce Act, 1985?
British Columbia, Canada
What is relevant and unduly prejudicial evidence in a civil case?
California, United States of America
What is the legal test for a search incident to arrest?
California, United States of America
Is ineffective assistance of counsel ineffective on appeal?
California, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
What is the test for establishing a trust?
Alberta, Canada
What is the test for establishing a fair cross section in a jury trial?
California, United States of America
In what circumstances can a municipality be held liable under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
When an application under R. 9-7 is made, does the applicant have to adduce all evidence?
British Columbia, Canada
How have courts dealt with dismissal orders for failure to comply with their orders?
MultiRegion, United States of America
Is a police officer permitted to conduct a criminal investigation into an allegation of sexual assault against a minor?
California, United States of America
Does a teacher have a legal right to be properly classified as a permanent employee?
California, United States of America
Does a federal district court's decision to order an accounting violate defendants' rights under the Seventh Amendment?
MultiRegion, United States of America
What is the test for reversal of a judgment in a personal injury case?
California, United States of America
What is the test for establishing irregularity in an election?
Saskatchewan, Canada
Is lack of insight a factor in determining whether a disorder can be kept in remission without treatment?
California, United States of America
What are the elements of embezzlement and theft by false pretenses?
California, United States of America
Can a plaintiff bring a claim for racial discrimination under section 1981 of the Civil Rights Act?
MultiRegion, United States of America
What is the test for obtaining a warrant for arrest in a criminal case?
MultiRegion, United States of America
Does a trial court have a sua sponte duty to instruct on self-defense?
California, United States of America
Is an individual who seeks to limit publication of their personal information entitled to anonymization?
British Columbia, Canada
How have courts dealt with a claim of misstatement of law?
California, United States of America
What is the test for a fraudulent conveyance action?
Ontario, Canada
Is cross estoppel consistent with merger?
Alberta, Canada
How have courts treated appellant's claim of cumulative error?
California, United States of America
What is the burden of presenting a peremptory challenge?
California, United States of America
Can a defendant in a paternity action exercise his Fifth Amendment right during the discovery process?
California, United States of America
What is the appropriate amount of counsel fees under the new cost grid?
Ontario, Canada
What is the test for obtaining consent to compel a Health Minister to produce records relating to a motor vehicle accident?
British Columbia, Canada
What is the “crumbling skull” rule?
Saskatchewan, Canada
What is the corpus delicti of murder?
California, United States of America
Can statements made by a defense alibi witness be discovered by the prosecution?
California, United States of America
What is the standard of review for a defendant challenging the sufficiency of the evidence for a jury finding?
California, United States of America
Can a Master's Order denying an independent medical examination of a plaintiff raise questions that may be vital to the final issue in the case?
British Columbia, Canada
What is the test for exhaustion in a motion for writ of habeas corpus?
MultiRegion, United States of America
What is the impact of requiring defense counsel who speak the same language as defendant to act as interpreter at trial?
California, United States of America
What is the test for excusing a juror for good cause?
MultiRegion, United States of America
What is the test for a decision maker to exercise administrative powers in the absence of legal authority?
British Columbia, 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
Does the court erred by failing to instruct jurors sua sponte that they should consider an informer's testimony to be inherently unreliable?
California, United States of America
What is the admission received in a motion for settlement in a motor vehicle accident action?
"New York", United States of America
Can a party obtain enhanced costs in a personal injury case?
Ontario, Canada
What are contingencies when calculating an award for loss of earning capacity?
British Columbia, Canada
How have courts dealt with clerical errors in records?
California, United States of America
Does an insurance company have a right to limit the coverage of a policy issued by it?
California, United States of America
Does a joint submission need to be substituted with another penalty that is within the range of reasonableness?
Ontario, Canada
What is the scope of the fundamental justice and fair trial rights under section 94(2) of the Motor Vehicle Act?
Ontario, Canada
Can prison officials violate the Eight Amendment if they deprive an inmate of a single identifiable human need such as food, warmth or exercise?
MultiRegion, United States of America
Is there any case law in which a defendant was convicted under both a direct aiding and abetting theory and a natural and probable consequences theory?
California, United States of America
What is the difference between a plaintiff's claim that his arrest was lacking in probable cause and/or excessive force?
California, United States of America
What is the test for "prejudicial or damaging" evidence in a criminal case?
California, United States of America
What is the standard of care provided by a medical malpractice board for a patient who suffers from multiple sclerosis?
British Columbia, Canada
What is the test for dismissing a motion for abuse of discretion?
MultiRegion, United States of America
What is the traditional confession rule in English criminal law?
British Columbia, Canada
What is the test for habeas corpus relief for a violation of state law?
MultiRegion, United States of America
In what circumstances will police officers be entitled to believe a purchase and sale transaction occurred between the suspects?
California, United States of America
What is the evidentiary test for abuse of discretion?
MultiRegion, United States of America
