Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context?
Ontario, Canada
What is the standard of review for appeal against a finding that a trial court's ruling on a motion of appeal was 'unlawful, arbitrary, capricious or patently absurd'?
California, United States of America
What is the statute of limitations for filing a motion to vacate an arbitration award?
MultiRegion, United States of America
Does Rule 20 of the Rules of Civil Procedure deal with a summary judgement motion?
Ontario, Canada
What is the burden of proving private communications were not made privately?
MultiRegion, United States of America
What is the test for extending the time provided for a peremptory order?
Ontario, Canada
What is the test for an individual to be found guilty of misusing his position as an expert in the gift giving context?
Saskatchewan, Canada
What is the current state of the law in the context of sexual assault cases?
British Columbia, Canada
How have the courts treated evidence in the context of an appeal?
MultiRegion, United States of America
Can a trial judge hear and dispose of a motion to quash the indictment on the grounds of constitutional invalidity?
Saskatchewan, Canada
What is the test for damages for an elderly woman who, as a result of a motor vehicle accident, is now functionally disabled, suffering constant pain, immobility, social isolation, and constant pain?
British Columbia, Canada
How has the court treated a claim for future post secondary education expenses under section 7 of the Child Support Guidelines?
British Columbia, Canada
What is the current state of the law in England and Wales on discovery by interrogatories and discovery of documents?
British Columbia, Canada
What facts support reasonable suspicion in this case?
California, United States of America
What is the effect of bankruptcy law on a debtor's ability to enter into a new business?
British Columbia, Canada
What is the common law view on confinement of an individual?
British Columbia, Canada
If you are unable to recall specific details of an incident, do you need to recall the facts immediately?
California, United States of America
What is the test for determining whether an undertaking fall within federal jurisdiction?
Canada (Federal), Canada
Can a jury consider relevant aspects of defendant's conduct at the time of the collision to assess gross negligence?
California, United States of America
In what circumstances will a judge deny committal of an allegation of fraud against an elderly fraudster?
British Columbia, Canada
What is the test for the presumption of prejudice in the context of the limitation period?
Ontario, Canada
How have courts dealt with the appeal of a motion of appeal against a finding of not guilty?
California, United States of America
What is the test for intentional interference with a plaintiff's interest?
Saskatchewan, Canada
How have courts interpreted section (a)(1)(1) of the Electronic Communications Privacy Act?
California, United States of America
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity?
British Columbia, Canada
What is the test for determining whether counsel's errors prejudiced the outcome of a trial?
MultiRegion, United States of America
Is a plaintiff entitled to 85% of his costs without a set-off?
British Columbia, Canada
What is the test for whether a plaintiff can continue to sue for damages in a separate action?
MultiRegion, United States of America
What is the test for dismissing an appeal from a judgment or order that is not an appealable order?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
In what circumstances will Flores appeal the Court's finding that Flores has failed to provide any factual or legal basis supporting its cause of action?
California, United States of America
What are the legal propositions in the context of an appeal?
British Columbia, Canada
What are the causes of action for retaliation in violation of section 1102.5 of the Washington State Labor Code?
California, United States of America
What is sufficient to support a conviction if any rational juror could have found the essential elements of the crime beyond a reasonable doubt?
MultiRegion, United States of America
Is Elliott entitled to present his entrapment byestoppel defense under the "silver platter" doctrine?
MultiRegion, United States of America
How has the court imputed income where there had been a failure to provide information under the Guidelines?
British Columbia, Canada
When will a judge reverse an order requiring the mother to obtain a temporary restraining order?
California, United States of America
What is the standard of discovery in a child sexual abuse case?
California, United States of America
Is there probable cause for a warrantless search of a car?
MultiRegion, United States of America
What is the test for establishing that a defendant has been found to be a "sincere and reasoned" witness?
California, United States of America
What are the consequences of sentencing a defendant on one of the two counts of aggravated sexual assault by oral copulation?
California, United States of America
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge?
California, United States of America
In what circumstances have the courts found that a search for weapons was conducted in a "pat down" or "search for weapons" without consent?
California, United States of America
Can a second set of officers enter a home and seize evidence in plain view without a warrant?
Ontario, Canada
Is there any evidence in the record to support Hui's claim that his attorney misled him regarding his parole eligibility?
MultiRegion, United States of America
What are some of the most recent federal decisions in which the US Supreme Court has ruled in favour of the state against the state?
MultiRegion, United States of America
Is there any case law relating to a claim for occupation rent?
Alberta, Canada
What is the test for reversal of a finding that a statement was admitted against appellant in violation of the Miranda rights?
MultiRegion, United States of America
What are the costs of a motion requiring a plaintiff to plead and pursue spoliation and punitive damages?
Ontario, Canada
What is the test for a judge to order the involuntary administration of an antipsychotic medication?
California, United States of America
How has the US Supreme Court interpreted the meaning of the word "judicial review" in the context of religious freedom?
MultiRegion, United States of America
Is a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be proven beyond a reasonable doubt?
MultiRegion, United States of America
How have courts interpreted the opposition clause of section 704(a) of the Ontario Human Rights Code?
MultiRegion, United States of America
Can expert testimony be immunized in a personal injury action?
Ontario, Canada
What is the test for a jury to find a defendant guilty of the attempted murder of Sims?
California, United States of America
How does the Court of Appeal review an appeal from a judgment following trial?
California, United States of America
Does Section 1237.5 require a certificate of probable cause?
California, United States of America
What is the test for overturning a conviction of sexual assault against a man who was found guilty of the same offence by a different judge?
Saskatchewan, Canada
What is a Defendant's obligation to file a supplemental brief in an appeal?
California, United States of America
Does the Court have a duty to provide counsel during the course of a personal injury case?
California, United States of America
Is a domestic contract that deals with the issue of support enforceable?
Ontario, Canada
What is the test for evidence that a witness was afraid to testify?
California, United States of America
What is the test for establishing damages in a motor vehicle accident?
British Columbia, Canada
Does a defendant have an "unilateral entitlement" to instruct the jury on assault with a firearm as a lesser related to the charge of attempted murder?
California, United States of America
What are the elements of fraud under the California Fraud Act?
California, United States of America
What is the impact of having to contact the police twice about sexual abuse?
Canada (Federal), Canada
What is the test for giving notice of a motion to deprive a person of their property?
MultiRegion, United States of America
What is the test for an award for costs in a personal injury case?
Ontario, Canada
Can a party dismiss a complaint for failing to state a claim upon which relief can be granted?
MultiRegion, United States of America
What is the test for determining whether a court error was harmless beyond a reasonable doubt?
California, United States of America
How have the courts treated the issue of return of purchase money?
Ontario, Canada
What is the test for ineffective assistance of trial counsel?
California, United States of America
What is the effect of a personal attorney filing a personal brief on an appeal?
California, United States of America
What is the effect of Rule 32 of the Arizona Criminal Code on post-conviction applications?
MultiRegion, United States of America
What is the current state of the law on assumption of risk?
California, United States of America
What is the test for disclosing privileged information?
British Columbia, Canada
Does the Immigration and Refugee Board have any discretion over the analysis of the credibility of witnesses before it?
Canada (Federal), Canada
In what circumstances will a jury be instructed on the burden of proving imperfect self-defense?
California, United States of America
Is an expert's opinion admissible at a medical malpractice hearing?
California, United States of America
On a motion under Rule 21, is a Statement of Claim taken as true?
Ontario, Canada
What is the test for recovery in a motor vehicle accident?
"New York", United States of America
What is the effect of section 667(f)(2) of the Virginia Criminal Code Act on a motion to strike or dismiss an allegation of sexual assault?
California, United States of America
What is the burden of proving substantial rights to a defendant in a motion to dismiss a claim of plain error?
MultiRegion, United States of America
Is a government failure to inspect a grocery store and clean up mold protected?
MultiRegion, United States of America
Is there any case law that supports the argument that there are too many Interrogatories?
Nova Scotia, Canada
What is the impact of expert evidence on the standard of care of a doctor who fails to disclose the risks to a patient?
Nova Scotia, Canada
How have the courts interpreted the law in the context of aiding and abetting special circumstance?
California, United States of America
What is the current state of the Charter in Canada?
Prince Edward Island, Canada
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege?
Canada (Federal), Canada
How have courts treated the term "subterfuge" in the context of a recording by a professional in a family law proceeding?
Ontario, Canada
What is the test for establishing whether a group constitutes a particular social group?
MultiRegion, United States of America
Is it harmless error to exclude evidence in a civil case?
California, United States of America
How have courts interpreted "security" in commercial lease agreements?
California, United States of America
In what circumstances will a creditor who appointed a receiver to dispose of assets be allowed to change the receiver’s work?
Ontario, Canada
Is there any case law where a defendant's personal objection to the disclosure of confidential client information was overruled?
California, United States of America
What is the current state of the law on disclosure of personal information obtained from a motor vehicle records database?
MultiRegion, United States of America
Is involuntary manslaughter a serious criminal offence?
California, United States of America
Can a lease be granted in ignorance of the amount of coal under the surface?
Ontario, Canada
What is the proper approach to expert evidence in a class action?
British Columbia, Canada
How have the courts in BC considered the formation of a contract?
British Columbia, Canada
Does the statute of limitations apply to a second state habeas petition?
MultiRegion, United States of America
What is the test for cross examination in a criminal case?
MultiRegion, United States of America
Can a judge participate in the examination of witnesses for the purpose of clarifying the evidence?
MultiRegion, United States of America
What is the test for damages under section 496(c) of the California Penal Code when a defendant buys property that has been stolen and uses it as a vehicle for personal use?
California, United States of America
What is the standard for reasonableness in the context of a judicial review?
Alberta, Canada
What are some cases dealing with defamation and malicious prosecution?
British Columbia, Canada
What is the second factor in determining whether a defendant's speedy trial right has been violated?
MultiRegion, United States of America
In determining the best interests of the child, is the apprehension of a child by the Catholic Children's Aid Society of Metropolitan Toronto?
Ontario, Canada
Is a settlement reached after a pre-trial conference valid?
Saskatchewan, Canada
Does a complete failure to identify a suspect in a photospread make a later in-court identification unreliable?
MultiRegion, United States of America
What is the burden of obtaining judicial notice of a motion?
California, United States of America
Does a jury have any authority to determine whether a disease is hereditary?
Saskatchewan, Canada
Can SPI attach a notice of civil claim?
British Columbia, Canada
What is the standard of review required for a motion to remove a person from a jury?
MultiRegion, United States of America
What is vicarious liability for an employer in a personal injury claim?
British Columbia, Canada
What is the test for determining a remedy in a personal injury action?
British Columbia, Canada
Does the parole board have to permit cross-examination of its source of information in revocation proceedings?
MultiRegion, United States of America
Does the British Indian Association (BIA) have any discretion in denying an untimely motion to reopen a case?
MultiRegion, United States of America
What are the elements of a conspiracy to injure a plaintiff?
British Columbia, Canada
What is the test for a superior court to order a writ of prohibition?
Saskatchewan, Canada
What is the test for a finding of causation in a motor vehicle accident?
Ontario, Canada
What is the effect of a post-trial denial of a tenant's claim against the landlord for breach of the implied warranty of habitability?
California, United States of America
On what basis will a federal district court be required to consider the type and amount of evidence it deems relevant to a motion?
MultiRegion, United States of America
If petitioner chooses to file a civil rights complaint, can he refer to his dismissed habeas petition to make the complaint complete?
MultiRegion, United States of America
Is #100 entitled to recovery of the duplicate certificate of title by #100?
British Columbia, Canada
How has the objection of a defendant in a motion seeking immunity from prosecution been interpreted by the Court of Appeal?
California, United States of America
What is the legal test for mental competence of a defendant in a criminal case?
California, United States of America
What is the legal test for establishing a standard of review for the use of deadly force?
MultiRegion, United States of America
What is the test for establishing a coconspirator?
MultiRegion, United States of America
What is the state employee's right to stay in his position?
California, United States of America
Where the shared intention of the parties ended at the moment of a break-up and the child was habitually resident at the time of separation, what is the test for retaining the child under the Convention of Human Rights?
British Columbia, Canada
Does section 28 and 29 of the California Penal Code allow an expert to testify that the accused tends to overreact to stress and apprehension?
California, United States of America
Does the equal protection clause need to be applied in the sentencing of a non-capitalized defendant?
California, United States of America
Does the error of instructing a jury to find a plaintiff guilty only of second degree murder render harmless to their claim of prejudice?
California, United States of America
What is the effect of a motion to dismiss an allegation of sexual assault made against a defendant?
California, United States of America
Does a prosecutor have a right to discuss the case during their argument to the jury?
California, United States of America
How have courts treated prior injury evidence in a civil case?
MultiRegion, United States of America
What is the test for crediting a witness's testimony?
MultiRegion, United States of America
Does the Special District Attorney bring the relationship between a grand juror and two victims to his attention?
"New York", United States of America
What is the test for dismissing a motion to dismiss a motion for sexual assault?
MultiRegion, United States of America
Can a plaintiff bring a substantive due process claim under section 1983 of the California Civil Code against a defendant who deprived them of their constitutional right?
MultiRegion, United States of America
Is an expert's opinion not a "legal opinion"?
California, United States of America
What is the burden of proof in a review of an immediate roadside prohibition?
British Columbia, Canada
How have courts interpreted the reasonableness standard in cases?
British Columbia, Canada
What is a factor in determining the outcome of a civil case?
British Columbia, Canada
Is retrograde extrapolation relevant in determining whether a defendant was driving under the influence?
California, United States of America
What is the test for de jure control of a corporation?
Canada (Federal), Canada
What is the test for default judgment in a personal injury case?
California, United States of America
Whether a legally recognized privacy interest exists is a question of law subject to de novo review?
California, United States of America
Is it unlawful for a stranger to provide financial assistance to a plaintiff in a civil matter?
Nova Scotia, Canada
Does a plaintiff have to continue to pursue a statutory cause of action against the insurer in the absence of a final determination of liability?
California, United States of America
What is the nature of palpable and overriding error?
Newfoundland and Labrador, Canada
Does the prosecution have to prove intent to use an object as a weapon?
California, United States of America
Is Penal Code section 273.5 a crime of continuous conduct for purposes of the unanimity instruction?
California, United States of America
Is a statement made in violation of the Miranda code in a criminal case admissible?
California, United States of America
What is the test for standing by without making an objection?
California, United States of America
Is a prior felony conviction admissible to impeach a witness?
California, United States of America
What is the impact of inconvenience on an individual?
British Columbia, Canada
What is the next step in determining whether a left turning driver acted with reasonable care in the circumstances?
British Columbia, Canada
What is the statute of limitations on a claim for wrongful imprisonment?
MultiRegion, United States of America
What is the test for reviewing a decision of a motions judge's interpretation of s. 24(5) of the Criminal Code Act?
Ontario, Canada
How have the courts interpreted the Sherman Act in the context of the Associated Press case?
MultiRegion, United States of America
What is the duty to instruct a jury in a sexual assault case?
California, United States of America
How have we treated the victims and witnesses of a sexual assault trial?
California, United States of America
What are the elements of a plaintiff's claim for non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada?
Canada (Federal), Canada
How have courts in B.C and U.S.D.C dealt with liability for a collision involving a 4 year old child?
British Columbia, Canada
What is the test for invalidating a life sentence for a convicted rapist?
California, United States of America
What is the test for prior restraint of speech in a defamation action?
California, United States of America
What is the effect of not calling a witness?
British Columbia, Canada
What is the standard of damages for long-term disability in medical malpractice cases?
British Columbia, Canada
How and when can an arrestee use reasonable force to protect himself or herself?
California, United States of America
What is the test for determining whether a plaintiff has been found to have an impairment that causes her to lose the ability to communicate with the other parties?
Ontario, Canada
What is the effect of temporal considerations in determining causation?
British Columbia, Canada
What constitutes a breach of fiduciary duty?
Manitoba, Canada
How have the courts interpreted the provisions in the constitution and in other legislation dealing with the power of the initiative?
California, United States of America
Is a Miranda warning not required in a criminal case?
California, United States of America
What is the test for a defendant to be found guilty of assisting and abetting murder?
California, United States of America
How have the courts interpreted a clause in an insurance policy that provides for coverage for an accident within the policy period?
MultiRegion, United States of America
What is the test for "abuse of discretion" in the context of international comity?
MultiRegion, United States of America
Is a strata entitled to refuse to pay for a temporary boiler?
British Columbia, Canada
What is fair and relevant and needs to be produced?
Ontario, Canada
What is the test for accessory to a crime?
California, United States of America
What constitutes a prosecutor's failure to add a superseding assault charge to the original assault charge?
"New York", United States of America
What is the meaning of the term “continuing contravention”?
British Columbia, Canada
What is our role in reviewing a sentence imposed by the federal district court?
MultiRegion, United States of America
Does the judge have been commenting adversely upon the fact that Defendant has not testified?
MultiRegion, United States of America
What is the effect of the Court of Appeal of the Supreme Court of Canada's most recent decisions on same sex discrimination?
British Columbia, Canada
Does Proposition 8 change the rule that restitution is not an appropriate term and condition of probation in a hit-and-run case?
California, United States of America
Does a trial court have a sua sponte duty to specify the underlying felony and to instruct on the elements of the crime?
California, United States of America
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage?
Ontario, Canada
What is the test for justifying a warrantless search?
California, United States of America
What is the impact of an expert's adoption of another expert’s report?
British Columbia, Canada
What is the current state of the law on workplace harassment?
California, United States of America
What is the current pain standard in medical malpractice cases?
MultiRegion, United States of America
Is there any case law supporting the argument that a good faith belief in a right negates criminal intent?
California, United States of America
Can an out-of-court statement by a nontestifying accomplice be used as evidence in a criminal case?
California, United States of America
What is the legal test for determining the meaning of the word "involve"?
California, United States of America
What is the test for determining whether a search warrant can be used to search a person's phone records?
California, United States of America
Does a certificate need to be issued to appeal a judgment entered following a guilty or no contest plea?
California, United States of America
