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.
Does the presumption of sexual assault apply to a plaintiff who failed to instruct the court regarding the on-the-person exception?
MultiRegion, United States of America
What is the impact of a long-term marriage breakdown on a family law case?
Manitoba, Canada
What is the test for determining whether a police officer's version of events is internally consistent with other facts?
MultiRegion, United States of America
What is the meaning of the affidavit in the context of search warrants?
MultiRegion, United States of America
What are the implications of Rule 25.11 when it comes to striking paragraphs 6 and 7 of the Amended Statement of Defence?
Ontario, Canada
Does section 654 of the California Criminal Code bar punishment for unlawful possession of a firearm and illegal possession of ammunition?
California, United States of America
Does the trial court abuse its in finding no prevailing party?
California, United States of America
What is the test for an agreement to be binding between the parties?
British Columbia, Canada
What is the test for a corollary relief under the Divorce Act?
Ontario, Canada
What is the test for disqualifying an attorney?
California, United States of America
Can a jury excuse a plaintiff from their duty of looking and listening for trains?
Saskatchewan, Canada
What is the standard of damages for non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
What is the effect of joint tenancy when a joint tenant dies?
British Columbia, Canada
Can a defense lawyer cross-examine the search and seizure issue at the preliminary hearing without making a motion to suppress evidence?
California, United States of America
What is the effect of an opinion by a former solicitor general on a plaintiff in a civil case?
Saskatchewan, Canada
What is the test to prove constitutionally ineffective assistance of counsel?
California, United States of America
Can a reviewing court substitute its opinion for that of the trial court's ruling denying discovery?
California, United States of America
Does a defendant have a right to attorney-conducted, sequestered voir dire?
California, United States of America
Can a parolee be returned to prison if he violates a parole condition?
California, United States of America
What is the test for ineffective assistance in a writ of habeas corpus case?
California, United States of America
Does a defendant's tactical decision not to contest an essential element of an assault charge reduce the burden of proving every element?
California, United States of America
What is the test for a claim of breach of fiduciary duty in an aboriginal dispute?
Alberta, Canada
What is the test for a reasonable claim for relief in a dismissal of a medical malpractice case?
MultiRegion, United States of America
Does a judge have absolute immunity from liability for damages for acts performed in their judicial capacity?
California, United States of America
Is there any case law where a medical marijuana recommendation vitiated probable cause to search a vehicle?
California, United States of America
What is the standard of review of evidence to support a gang enhancement finding?
California, United States of America
What is the test for cross-examination?
Ontario, Canada
Does the record contain evidence from which a jury might have concluded that there was a dangerous condition of the street?
California, United States of America
In what circumstances will a grand jury refuse to indict a defendant in a sexual assault case?
California, United States of America
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion?
California, United States of America
Is the prosecution adequately plead the aggravated white collar crime enhancement and probation-exclusion provision?
California, United States of America
Is a comment by defendant's counsel on the failure to call treating physicians as witnesses prejudicial?
California, United States of America
How do courts interpret the law and what are the sources used to determine the construction of a statute?
California, United States of America
Does COVID-19 apply to self-represented litigants?
British Columbia, Canada
In what circumstances will a jury determine that a defendant intended to kill his ex-partner?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
Does repayment of debt from proceeds of exempt property create non-exempt equity?
Alberta, Canada
What is the standard of review in the context of the California Supreme Court?
California, United States of America
How have courts dealt with ineffective assistance claims against counsel who failed to request a limiting instruction?
California, United States of America
Is a newsgatherer permitted to enter the premises of a private medical facility where the medical aid is being administered?
California, United States of America
When is a crime defined as a specific intent crime?
California, United States of America
Is an individual disabled within the meaning of the Social Security Act?
MultiRegion, United States of America
Is a prosecutor improperly vouching for the strength of the evidence by describing a hypothetical crime in front of the jury?
California, United States of America
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code?
California, United States of America
Does the Attorney General have any grounds to argue that a defendant invited the error in giving a limiting instruction at a preliminary hearing?
California, United States of America
In what circumstances will the California Court of Appeal uphold a finding that a judge acted in an impartial manner, even if they might have ruled differently?
California, United States of America
What is the test for just cause in civil law?
Ontario, Canada
Is there any abuse of discretion in sentencing of a convicted burglar?
California, United States of America
What is the standard of review for a challenge to the sufficiency of evidence in a murder case?
California, United States of America
Does an appellate court have to defer to the treatment of the evidence by the trial judge?
British Columbia, Canada
Can an appellant be punished for vandalism and assault under section 654 of the California Criminal Code for both the vandalism and the assault?
California, United States of America
What is the test for sufficiency of evidence in a motor vehicle case?
California, United States of America
Is habeas corpus a remedy under the Civil Rights Act?
MultiRegion, United States of America
Can a pensioner who signed a loan agreement be held liable for breach of contract?
British Columbia, Canada
Does a union's decision that a particular grievance lacks sufficient merit to justify arbitration constitute a breach of the duty of fair representation?
MultiRegion, United States of America
How have courts considered vocational expert's findings in determining whether an employer regarded an employee as disabled?
MultiRegion, United States of America
In a motion to vacate an arbitration award, what is the test for vacating an award?
California, United States of America
What is the test for leave to appeal against a conviction for sexual assault against an accused who has served his sentence?
Manitoba, Canada
What is the definition of SLAPP and what is the test for SLAPP?
California, United States of America
In what circumstances will the BCSC be able to justify failing to arrange for a hearing of an application?
British Columbia, Canada
What is the test for admissible evidence in a medical malpractice case?
California, United States of America
Does a plaintiff have an obligation to defend an action seeking damages not within the indemnification coverage provided by the insurer?
California, United States of America
What is the test for unconscionability in a commercial relationship?
British Columbia, Canada
What is the test for reducing or cancelling child support arrears?
British Columbia, Canada
What is the test for obtaining a search warrant from a defendant?
California, United States of America
Is a bank's withdrawal of a surety made against it prejudiced or prejudiced?
Ontario, Canada
What is the test for a stop and seizure of a vehicle by a police officer responding to a report of a burglary?
California, United States of America
In a search warrant, can a computer be searched without the consent of the issuing judge?
MultiRegion, United States of America
What is the test for a garnishment under section 5 of the BC garnishment act?
British Columbia, Canada
Can a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?
California, United States of America
What is the test for precluded evidence in a criminal case?
"New York", United States of America
Is a waiver of rights to appeal and to bring a collateral attack enforceable?
MultiRegion, United States of America
What is the state of the law in relation to the manner of witness testimony at a hearing?
MultiRegion, United States of America
Is there any case law where a defendant has been convicted of possession with intent to distribute heroin as charged in Count Two?
MultiRegion, United States of America
Does a conviction for lewd conduct upon a child under the age of 14 require the touching to be overtly sexual?
California, United States of America
What is the scope of argument for abuse of power in a drug case?
MultiRegion, United States of America
What is collateral estoppel and res judicata when a final judgment on the merits of a claim is made against the same party?
MultiRegion, United States of America
What is the adequacy of jury instructions in a civil case?
California, United States of America
What is the burden of a defendant seeking to overturn a jury verdict on sufficiency grounds?
MultiRegion, United States of America
In a distribution of powers case, does the balancing of conflicting values between a party and party need to be reconciled?
Canada (Federal), Canada
What constitutes a materially adverse change in the terms and conditions of employment?
MultiRegion, United States of America
Does assigned counsel have to advise a defendant of their right to appeal?
"New York", United States of America
Under what circumstances will the US Supreme Court strike down the preponderance standard in sentencing guidelines?
MultiRegion, United States of America
What is the test for having equal parenting time?
Saskatchewan, Canada
In what circumstances will a court grant an extension of time to file documents to advance an appeal?
British Columbia, Canada
What are the consequences of a motor vehicle accident where the motor vehicle driver loses the right to sue for damages?
Prince Edward Island, Canada
Is credibility an art than a science?
Ontario, Canada
What is the test for specific performance of a property?
Ontario, Canada
In what circumstances will a tortfeasor be held jointly and severally liable in the case of indivisible injury caused by multiple tort Feasors?
British Columbia, Canada
Is there any reason why a court should order discovery questions to be answered in a motion for discovery?
Ontario, Canada
Is a purchaser of illegal drugs an accomplice of the seller?
California, United States of America
How does the BCSC apply to an award for costs of future care?
British Columbia, Canada
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?
California, United States of America
How have courts interpreted the Miranda rights in the context of criminal cases?
California, United States of America
Can a flaw or flaws be seen in the reasons of an adjudicator?
British Columbia, Canada
What is the proper procedure for a complaint to be deferred pending the outcome of the other process?
British Columbia, Canada
What is the current state of the law on medical records?
California, United States of America
Does the use of the word "properiary basis" in the criminal process violate the Charter of Rights and Freedoms?
British Columbia, Canada
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code?
California, United States of America
Can a court review the agreed upon attorney fees in a class action settlement agreement?
California, United States of America
In what circumstances will a father have to pay more than the table amount of child support when the child is away at school?
Ontario, Canada
What is the test for a jury to convict a defendant of attempted murder?
California, United States of America
What is the effect of admitting evidence that defendant was suspended from the practice of law?
California, United States of America
Can a declarant who has admitted to murder claim that he acted alone?
California, United States of America
What is the test for abuse of jury instructions?
MultiRegion, United States of America
What is a valid waiver of Miranda rights?
California, United States of America
Is there any concern for judicial economy or concern about judicial economy?
Canada (Federal), Canada
Can a search warrant be used to search a person's home without reference to his arrest?
California, United States of America
Can promissory notes issued by the unit holders in favour of March be attachable?
British Columbia, Canada
What is the test for a finding of prosecutorial misconduct in a criminal case?
California, United States of America
How have courts interpreted a waiver of Sixth Amendment rights in a civil case?
California, United States of America
How have the courts dealt with a motion for appeal against the Defendant's prior convictions under section 1170.126 of the Criminal Code?
California, United States of America
What are the elements of a tort for negligent misrepresentation?
British Columbia, Canada
Can a plaintiff bring a claim for retaliation against a former employee of a school for failing to show any one of the required elements of retaliation?
MultiRegion, 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
Does not need to be shown that a dog has a dangerous propensity to attack?
California, United States of America
How many actual days have a defendant spent in police custody?
California, United States of America
What is the test for excluding pornographic movie testimony as a sanction for the defense not providing timely discovery?
California, United States of America
Can administrative decision-makers be bypassed on decisions such as this?
British Columbia, Canada
Does the Sixth Amendment right to counsel extend to federal habeas corpus actions filed by state prisoners under Section 2254?
MultiRegion, United States of America
How have courts dealt with ineffective assistance of counsel claims?
California, United States of America
How have courts interpreted section 288 of section 288, subdivision (b) of the California Penal Code when a defendant directed others to hold down the victim and use a pillow to muffle her screams?
California, United States of America
What is the standard of proof for contempt of court?
British Columbia, Canada
What is the test for permanent residence?
British Columbia, Canada
What is the applicable statute of limitations for fraudulent concealment?
California, United States of America
Is the statute of limitations extended under continuing violation doctrine or theory of continuous accrual?
California, United States of America
Does the presumption of reasonableness review automatically engage with correctness standards of review?
Canada (Federal), Canada
Can a motion to dismiss a charge of loitering for the purpose of gambling be dismissed?
"New York", United States of America
What remedies are available for a judicial review of a Minister's conduct in negotiating a treaty with an aboriginal group?
British Columbia, Canada
Can a defendant be punished for leaving the scene of an accident for fleeing the crime under section 654 of the California Penal Code?
California, United States of America
What is the legal liability nature of a claim for legal malpractice?
MultiRegion, United States of America
Can a defendant ask a magistrate or judge to dismiss a sexual assault complaint in furtherance of justice?
California, United States of America
What is the test for a driver who causes a rear-end collision?
California, United States of America
Is an appeal from a judgment of a lower court moot?
California, United States of America
What is the standard of review for reversal of a jury's verdict in a sexual assault case?
California, United States of America
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset?
British Columbia, Canada
What is the test for determining whether a statement is factual?
MultiRegion, United States of America
What is the test for taking an oath of allegiance in a civil or criminal case?
California, United States of America
What is sufficient evidence to allow the jury to determine whether flight occurred?
California, United States of America
Can a pension plan regulated under the PBSA be terminated in common law?
Ontario, Canada
What is the current state of the law with respect to the scope and scope of a document request?
British Columbia, Canada
Can a prosecutor be found guilty of reversible misconduct for misleading the jury in a sexual assault case?
California, United States of America
What jurisdiction does a federal court have to dismiss an application for habeas corpus?
MultiRegion, United States of America
What is the current state of the law regarding the right to identify and transfer exercise yard inmates from an integrated exercise yard?
MultiRegion, United States of America
Can an employee sue his or her employer for physical assault?
California, United States of America
What is the standard of review for an incompetent person?
Saskatchewan, Canada
What is the test for deviation under section 5 of the Interpretation Act?
Saskatchewan, Canada
What is the standard of review for home relief and Supplemental Security Income claims?
"New York", United States of America
What is the limitation on the amount of damages that can be claimed under a personal injury policy?
California, United States of America
Does a file-sharing software provider have a reasonable expectation of privacy in sharing images with other members of the public?
MultiRegion, 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 maintaining an Eighth Amendment claim based on lack of medical treatment for an inmate?
MultiRegion, United States of America
How has the federal court overturned a conviction on a charge of gratuity in a criminal conspiracy and bribery case?
MultiRegion, United States of America
What is the test for abuse of a minute order?
California, United States of America
Is a stay of execution of a motion for an application for a motion to overturn a motion of appeal?
Alberta, Canada
Can an informant be a material witness on the issue of guilt?
California, United States of America
Is recidivism an "element" of a criminal conviction?
MultiRegion, United States of America
Is a project manager entitled to a lien for his services?
Ontario, Canada
Is prior misconduct evidence used to assess the credibility of a witness?
California, United States of America
Is a fingerprint found on duct tape sufficient to convict a defendant?
California, United States of America
How have insurance companies, adjusters and attorneys dealt with a plaintiff's insurance claim?
California, United States of America
How have the courts treated the privilege against self-incrimination in questioning witnesses at a civil trial?
MultiRegion, United States of America
What is the legal test for a jury to overturn a sexual assault conviction?
California, United States of America
Does a person's status of being under arrest or in custody vitiate their consent?
California, United States of America
What is the test for establishing a prima facie case for discrimination based on a physical disability?
California, United States of America
What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence?
British Columbia, Canada
What is the test for ineffective counsel in a civil case?
California, United States of America
How have courts dealt with student protests in the past?
California, United States of America
What is the common law definition of a "building" for purposes of the burglary statute?
California, United States of America
What is the duty of the trial court to instruct the jury on the general principles of law governing the case?
California, United States of America
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay?
Manitoba, Canada
Are there any cases where an action was brought in the name of a guardian ad litem rather than by or against the infant or incompetent?
"New York", United States of America
Can a plaintiff appeal from a judgment against him?
Saskatchewan, Canada
What is the proper assessment of past wage loss in a case?
British Columbia, Canada
Does a stay of an order requiring an employer to pay an employee the amount it has been ordered to pay?
British Columbia, Canada
What is the test for a motion to vacate, set aside or correct a sentence under section 2255 of the Criminal Code?
MultiRegion, United States of America
What is the range of damages for a 1 week overhead claim?
British Columbia, Canada
Does Defendant have jurisdiction to bring a claim for unfair business practices?
MultiRegion, United States of America
What is the test for a juror's conduct in a civil case?
California, United States of America
How have courts treated evidence of prior gang violence in a drive-by shooting?
California, United States of America
What is the test for a pro se pleading in a civil rights case alleging inadequate medical care at a prison?
MultiRegion, United States of America
What is the threshold question for determining whether an application is moot?
British Columbia, Canada
What is the test for denial of substantive due process in a civil case?
MultiRegion, United States of America
What is the testamentary duty of a parent toward a child?
British Columbia, Canada
What is the effect of prior convictions on the admissibility of evidence in a criminal case?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
Does a judge have jurisdiction to make an order of restitution?
California, United States of America
What is the test for a person to be liable for a robbery where the crime has been committed while the crime is taking place?
California, United States of America
Is a solicitor entitled to charge against any property recovered or preserved?
British Columbia, Canada
Can a jury award pain and suffering damages?
Alberta, Canada
Is this claim for declaratory relief under section 10(1) of the CRTA?
British Columbia, Canada
Is there a presumption that counsel must be present at the time of a post-police interview before a face-to-face confrontation?
MultiRegion, United States of America
In what circumstances will a defendant be found guilty of an attempted murder?
California, United States of America
Does the use of dual juries in a capital punishment case violate the constitution?
MultiRegion, United States of America
What is the test for a defendant to be found guilty of a charge of dissuading a witness from giving evidence at trial?
California, United States of America
What is the test for dismissing a motion to dismiss a petition for modification to a parenting order?
"New York", United States of America
What is the test for abuse of probation conditions?
California, United States of America
What are the elements of intentional infliction of mental suffering?
Manitoba, Canada
What is the test for intentional infliction of emotional distress?
California, United States of America
Is the limitation period for a statutory misrepresentation claim suspended?
Ontario, Canada
