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.
Can a claim of ineffective assistance of counsel waives attorney-client privilege as to communications with the allegedly ineffective lawyer?
MultiRegion, United States of America
What is the burden of Nexus in a refugee claim?
Canada (Federal), Canada
What is the test for spousal services given by one party to the other in relationships?
British Columbia, Canada
What is the test for a claim under the Eighth Amendment for the deprivation of humane conditions of confinement?
MultiRegion, United States of America
What is the test for conveying reasonable suspicion between two police officers?
"New York", United States of America
What is the quantum of damages that a plaintiff can expect from a third party to recover from a breach of contract?
British Columbia, Canada
What is the impact of an agreement on vulnerability in bargaining power between the parties?
Alberta, Canada
What is the current state of the law on the liability of a contractor who fails to comply with the specifications of a federal government contract?
MultiRegion, United States of America
Does a trial court have a sua sponte obligation to instruct the jury on the need for corroboration to support the testimony of an accomplice?
California, United States of America
Can common law spouses be excluded from the definition of a spouse under the Intestate Succession Act?
Nova Scotia, Canada
Does a trial court have to instruct that the absence of a particular mitigating factor is not aggravating?
California, United States of America
What language does the Attorney General have with respect to a written probation order for a minor with a history of violence?
California, United States of America
What is the test for an unlicensed salesman to be licensed to sell real property?
Saskatchewan, Canada
Is striking pleadings and denying trial participation an order of last resort?
Ontario, Canada
What are the elements of the tort of negligent pre-contractual misrepresentations?
Ontario, Canada
What is the test for ineffective assistance in a personal injury case?
California, United States of America
In what circumstances will deponents be required to provide their own undertakings?
Alberta, Canada
Can an accomplice be charged as a principal in a crime?
California, United States of America
What is the difference between a marriage contract and a commercial contract?
British Columbia, Canada
Does the record on appeal contain a reporter's transcript from the preliminary injunction hearing?
California, United States of America
Can an act or omission be punished under either the Criminal Code or the Penal Code?
California, United States of America
Does Hoy J. Hoy J’s finding that the conspiracy pleading was sufficient to be considered sufficient?
Ontario, Canada
What is the test for determining the constitutionality of a new federal anti-abortion statute?
MultiRegion, United States of America
What is the test for determining whether a decision was biased?
British Columbia, Canada
Does the arrest and subsequent courts-martial of a person who masqueraded as a military officer affect the conviction of the person who was arrested?
MultiRegion, United States of America
What is the limitation period for a disability claim for the pay period ending September 30, 2015?
Nova Scotia, Canada
How have the courts dealt with an additional assessment under section 51300 of the California Code of Civil Procedure?
California, United States of America
Does Rule 37B of the BC Civil Rules 37B allow a court to set aside a binding agreement regarding costs and/or an offer to settle?
British Columbia, Canada
What is the burden of proving a defendant's waiver of Miranda?
California, United States of America
What are the implications of the Court of Appeal's decision to grant relief to a plaintiff in a personal injury case?
Ontario, Canada
What is the standard of review and what is the state of the law on constitutional errors in evidentiary review?
California, United States of America
Can the use in evidence of incriminating statements made by a defendant which were deliberately elicited by a government agent in the absence of counsel after criminal proceedings have been initiated against him?
California, United States of America
What is the common law rule on undue influence?
California, United States of America
What is the scope of a judicial review of a decision of the Commissioner of Social Security?
MultiRegion, United States of America
Is there any conflict of interest between the Attorney General and the Defendant?
California, United States of America
What is the range of security for costs in a personal injury action?
Ontario, Canada
What is the test for Ineffective Assistance of Counsel?
MultiRegion, United States of America
What is the standard of instruction for a jury in a personal injury case?
California, United States of America
What is the test for a motion to amend a medical malpractice application?
California, United States of America
What is the test for variation of existing orders?
British Columbia, Canada
How have the courts treated evidence that the respondent was addicted to drugs in the context of child support claims?
Ontario, Canada
What constitutes a breach of s. 15 of the Canadian Human Rights Code?
Northwest Territories, Canada
How has the probation department been found to have failed to record a single phone call during defendant's time on probation?
California, United States of America
Is a court entitled to an expert opinion in determining a reasonable fee for services provided?
California, United States of America
What is the test for allowing defendants to establish the affirmative defense by raising a reasonable doubt as to its existence?
California, United States of America
What is the definition of a civil assault?
MultiRegion, United States of America
What is the test for a plaintiff to succeed in her civil action against a former co-defendant?
MultiRegion, United States of America
In what circumstances will a person be found guilty of possessing a controlled substance?
California, United States of America
What is the test for a misnomer in a Statement of Claim?
Ontario, Canada
What constitutes an abuse of the court’s process in a vexatious proceeding?
British Columbia, Canada
When an unlawful killing occurs during the commission of an assaultive felony, can it be considered a second degree felony-murder instruction?
California, United States of America
What is the impact of a medical malpractice on an employee's privacy?
MultiRegion, United States of America
How has the court treated a motion for a new trial for abuse of discretion?
California, United States of America
What is the change in risk in a personal injury policy?
British Columbia, Canada
Is Husband entitled to appeal from the court's order denying his motion for a new trial?
California, United States of America
What is the test for successorship in the context of a claim for wrongful dismissal?
California, United States of America
Can a Minister of Forests make controversial decisions?
British Columbia, Canada
What is the state attorney general's response to a petition brought by a plaintiff alleging incompetence in her defence?
California, United States of America
How have courts interpreted the meaning of the word "litigant" in the context of the question?
Canada (Federal), Canada
What is the burden of proving an individual as a sexually violent predator in an appeal?
California, United States of America
If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it?
Manitoba, Canada
Is there any case law where a trustee was found to have acted in bad faith or without reasonable cause?
California, United States of America
Can an arbitrator's construction of a contract be overruled by the courts?
MultiRegion, United States of America
Is there any case law supporting the argument that defense counsel cannot consent to informal procedures for answering a jury question?
MultiRegion, United States of America
What are the reasons of a trial judge's failure to state that they have a reasonable doubt?
Prince Edward Island, Canada
What is the effect of de novo denial of a motion to suppress?
MultiRegion, United States of America
Is a beneficiary of a trust deed able to enforce a lien against the trustee of a property through judicial action?
California, United States of America
What is the current state of the law in the United States and Canada on the doctrine of joint prosecution?
Ontario, Canada
In what circumstances would a court intervene for breach of the duty of disclosure?
British Columbia, Canada
Is a conditional gift in restraint of marriage valid?
Saskatchewan, Canada
What is the test for determining whether a plaintiff's interpretation of a statute presents a question of law subject to de novo appellate review?
California, United States of America
What is the legal test for drawing an adverse inference in a sexual assault case?
British Columbia, Canada
What is the test for assisting and abetting a crime?
California, United States of America
What is the definition of a common law partner for a widow and widower?
Nova Scotia, Canada
What is the effect of an application for leave to appeal a decision of the Minister of Indian and Northern Affairs after the expiration of section 47 of the Indian Affairs Act?
Canada (Federal), Canada
What is the test for compensation for loss of housekeeping and home maintenance capacity?
British Columbia, Canada
What is the standard of deliberate indifference by a prison officer in a case of medical malpractice?
MultiRegion, United States of America
Does the existence of chronic, substantial pain and disabling symptoms satisfy the objective and subjective elements of an Eighth Amendment claim?
MultiRegion, United States of America
In what circumstances have courts found that an instrument is illegal or unenforceable?
British Columbia, Canada
What is the test for a judge to recall a sentence that has been found to be disparate?
California, United States of America
What is the test for a claim against a supervisory defendant for deprivation of constitutional rights?
MultiRegion, United States of America
Does a failure to attend a job interview constitute a disciplinary matter?
Canada (Federal), Canada
What is the abuse of discretion standard in sentencing decisions?
California, United States of America
What is the test for determining whether an individual has a business or is it not?
Ontario, Canada
Does Section 815.6 of the California Vehicle Accident and Accident Act require that a plaintiff has a mandatory duty to wear a seatbelt?
California, United States of America
Can a plaintiff claim for negligent infliction of emotional distress without showing any physical injury?
California, United States of America
Can a jury overturn a conviction for arson causing great bodily injury and a kidnapping-murder special-circumstance allegation?
California, United States of America
What is the current state of the law on warrantless entry in domestic violence cases?
MultiRegion, United States of America
What is the effect of a rule requiring a court to issue terminating sanctions unless the discovery in question encompasses every issue in a case?
California, United States of America
Does the applicant have the onus to prove that they have the right to sue for damages?
Ontario, Canada
How is severance analysis conducted in a search warrant application?
MultiRegion, United States of America
When a defendant enters a plea agreement to plead guilty to a charge of assault with intent to pervert the course of justice, does he have to prove that he was not under pressure?
California, United States of America
Is abuse of discretion a factor in the admission or exclusion of evidence in a civil case?
California, United States of America
What is the test for making a demand pursuant to CPL 250.20?
"New York", United States of America
What is the test on "undue hardship" before a judicial review?
British Columbia, Canada
What is the test for making a constitutional claim on appeal?
California, United States of America
What is the test for assessing damages for breach of contract?
Ontario, Canada
What is the test for using time records of plaintiffs' attorneys as a starting point for determining lodestar in a personal injury case?
California, United States of America
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy?
California, United States of America
What is the test for a finding of material change in a medical malpractice case?
Ontario, Canada
What is the test for reversal of a conviction on the grounds of reasonable doubt?
California, United States of America
What are the consequences of direct or indirect comments by a prosecutor on a defendant's failure to testify on his or her own behalf?
California, United States of America
Does a letter of credit need to be transferred or assigned?
California, United States of America
What are the elements of a fraud cause of action?
California, United States of America
Does defendant forfeit his right to a pre-trial lineup?
California, United States of America
Is a child support agreement entered into between the parties binding the parties to child support?
British Columbia, Canada
What is the limitation period on a cause of action?
Ontario, Canada
What is the impact of contempt of court on the rule of law?
Ontario, Canada
What is the test for a jury to convict a defendant of murder in the first degree?
California, United States of America
What constitutes due diligence to secure the presence of a witness?
California, United States of America
Does section 654 bar multiple punishment for separate offenses arising out of a single occurrence?
California, United States of America
Can an appellant complain to the Court of Appeal that he is not being subjected to a proper reappraisal of statutory sentencing standards upon remand?
California, United States of America
What is the test for an individual to have the authority to refuse to give up on their right to sue for damages?
MultiRegion, United States of America
What is the test for a motion to strike under the anti-SLAPP statute?
California, United States of America
Can a defendant be sued for civil rights violations if they are found to have violated a plaintiff's civil rights?
MultiRegion, United States of America
What are the implications of a finding that a defendant used a gun at his sentencing hearing?
California, United States of America
Does a defendant have the right to conduct his own defense at trial?
MultiRegion, United States of America
What is the test for admitting evidence that involves crimes other than those for which a defendant is being tried?
California, United States of America
What is the evidence against defendant in a sexual assault case?
California, United States of America
Is there any case law where a plaintiff is entitled to the same amount of damages as a result of inaccurate or incomplete information provided by a third party?
California, United States of America
How do we remand a motion of no confidence in a judge?
MultiRegion, 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 effect of the adjournment application at the BC Human Rights Tribunal?
British Columbia, Canada
Is a defendant's refusal to take a breathalyzer test admissible evidence?
California, United States of America
What is the test for an award of attorneys' fees on appeal?
California, United States of America
Is the lying in the wait special circumstance constitutionally infirm because it duplicates an element of first degree murder?
California, United States of America
What is the test for warrantless entry to a vehicle by a police officer on a charge of driving under the influence of alcohol?
California, United States of America
What is the test for determining the truth of allegations in plaintiff's second amended complaint?
California, United States of America
Is Dominguez-Castillo's failure to establish eligibility for asylum sufficient to trigger withholding of deportation?
MultiRegion, United States of America
What is the test for contempt of an order?
British Columbia, Canada
Can a defendant argue that he waived his right to challenge the sufficiency of evidence at the Court of Appeal by submitting the issue of guilt on the transcript of his preliminary hearing?
California, United States of America
Does a judge have authority to dismiss a qualifying "prior" in the interest of justice?
California, United States of America
What is the test for a claim under the Alien Tort Statute?
MultiRegion, United States of America
Is a prosecutor's misconduct prejudiced in the trial of a defendant in a civil case?
California, United States of America
What is the test for finalizing a relationship?
British Columbia, Canada
When will a medical professional be found to be negligent in a negligence action?
British Columbia, Canada
What is the standard of review for patent unreasonableness?
Ontario, Canada
What are some of the cases that have been relied on by counsel for the applicant?
Ontario, Canada
What is the test for establishing that a plaintiff has a valid claim to be a plaintiff in a civil case?
MultiRegion, United States of America
Does a conviction for attempted murder require a specific intent to kill?
California, United States of America
What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure?
Alberta, Canada
What is the test for challenging a jury's findings in a civil case?
California, United States of America
Is a signed statement made to an insurance adjuster by a witness who died before trial valid?
British Columbia, Canada
What is the test for making a confession in a criminal case?
California, United States of America
Does a trial court have a sua sponte duty to instruct regarding the defense?
California, United States of America
In what circumstances will a prosecutor be allowed to ask a defense counsel to explain to the jury what to do with the question "If you're confused and you're sidetracked?"
California, United States of America
When will a defendant waive his right to be represented by counsel in superior court?
California, United States of America
What is the "good faith exception" to the exclusionary rule?
California, United States of America
In what circumstances will the Federal Bureau of Investigation (BIA) order the seizure of evidence of alienage from Petitioners in the course of committing an egregious Fourth Amendment violation?
MultiRegion, United States of America
What is the burden on a plaintiff to obtain an order striking pleading?
California, United States of America
Is a general plan amendment a quasi-legislative action or an adjudicative action?
California, United States of America
What is the test for approval of a class action settlement?
California, United States of America
What is the test for determining whether a defendant has committed a sexual assault under the California Penal Code?
California, United States of America
Does a revocation of a medical license require an independent judgment review of the administrative decision?
California, United States of America
What if a trial court failed to instruct the jury on self-defence?
California, United States of America
What is the test for a judge to grant probation to a defendant who has been convicted of a sexual assault?
California, United States of America
Does the Attorney General have forfeited his confrontation clause claim by failing to raise it below?
California, United States of America
Is it in the public interest to have two separate civil proceedings at the same time?
British Columbia, Canada
What is the test for instructing a jury to convict a defendant of more than one crime?
California, United States of America
What are the elements of a privacy cause of action?
California, United States of America
What is the test for reversing a conviction of vehicular manslaughter while intoxicated?
California, United States of America
Is there any error in awarding excessive damages in a personal injury case?
British Columbia, Canada
What is the test for admissible evidence of misconduct in a criminal case?
California, United States of America
What is the test for overturning an attempted murder conviction?
California, United States of America
What principles do the courts use to determine whether a lien holder has a claim against an owner for a holdback retained by a contractor after the expiration of the statutory period?
Saskatchewan, Canada
What is the test for determining whether a court abused its discretion in denying a motion for disclosure of personnel records?
California, United States of America
What is the test for a plaintiff to establish a violation of the California Human Rights Code?
California, United States of America
What is the test for abuse of discretion when determining spousal and child support?
California, United States of America
What is the test for a negligent homicide claim?
California, United States of America
Does the reverse onus of a motor vehicle adjudicator affect the adjudicator's decision?
British Columbia, Canada
What is the test for First Amendment protection in motor coach advertising?
California, United States of America
Does the general rule that an ambiguous taxing statute must be construed strictly in favour of the taxpayer apply only to administrative interpretations of the ambiguous tax statutes?
California, United States of America
Does a contempt finding need to be found?
Alberta, Canada
Is there any case law in which a defendant successfully appealed his acquittal under section 1118.1 of the Criminal Code?
California, United States of America
Can a party assert a claim against a trustee in the personal capacity or in the representative capacity?
California, United States of America
Can a psychiatrist examine a defendant's mental state to determine his competency to stand trial?
MultiRegion, United States of America
Does the doctrine of frustration apply when a defendant waives the defense of frustration?
MultiRegion, United States of America
What is the test for assault with a deadly weapon?
California, United States of America
What are some examples of de novo review of a sentence under the supervised release statute?
MultiRegion, United States of America
Does an honest belief about property rights constitute a colour of right?
British Columbia, Canada
What is the appropriate remedy in a constructive trust case?
British Columbia, Canada
Can a police officer who poses as an undercover officer to obtain a false confession be allowed to testify in a criminal case?
California, United States of America
What is the difference between an action in tort for breach of the common law duty of care and a contract in which a party is liable for damages?
British Columbia, Canada
What is the burden of proving malice against a defendant at a grand jury hearing?
California, United States of America
When Bolivar is a suspect in a sexual assault case, what are the implications if the police use an undercover agent to coerce a confession?
California, United States of America
What is the effect of appeal raising a question of law on the analysis of the Queens Plate analysis?
British Columbia, Canada
What is the test for establishing an "independent intervening cause" in a criminal case?
California, United States of America
What is the test for changing the meaning of a word in a deed?
Saskatchewan, Canada
What is the impact of bad faith in the credibility of a defence lawyer?
Alberta, Canada
What are the non-pecuniary damages for an elderly woman who sustained a fractured skull in a motor vehicle accident?
British Columbia, Canada
What is the "principal" of the Canadian Human Rights Court?
Ontario, Canada
How have courts interpreted "the people's right to due process" not to include the right to compel the press to supply unpublished information obtained in the newsgathering process?
California, United States of America
What is the minimum sentence applicable to a conspiracy conviction under section 846 of the Criminal Code?
MultiRegion, United States of America
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided?
California, United States of America
What is the test for sufficiency of evidence in a motor vehicle case?
California, United States of America
What are the elements required to create a grant by implication?
California, United States of America
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury?
MultiRegion, United States of America
What is the test for dismissing an in forma pauperis action?
MultiRegion, United States of America
What is the procedure for a person serving an indeterminate term of life imprisonment imposed pursuant to Section 1170.126(b) of the California Criminal Code?
California, United States of America
What is the test for acquittal under section 13353.2(e) of the California Motor Vehicle Code?
California, United States of America
