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 test for a motion under 41(e) of the Criminal Code to obtain copies of documents seized by a police officer?
MultiRegion, United States of America
Does the redesignation of a felony as a misdemeanor require the expungement of DNA samples previously collected as a result of the adjudication or prior adjudication?
California, United States of America
What is the test for admissible evidence in a personal injury case?
California, United States of America
What is the current state of the law on the right to silence?
Ontario, Canada
How has the court considered the qualifications of an accountant and documents relied upon?
Ontario, Canada
How have we interpreted the meaning of Rule 32 in a motion for post-conviction relief?
MultiRegion, United States of America
What is the test for using a preamble as an "aid in construing the statute"?
California, United States of America
What is the standard of review for a motion of appeal?
California, United States of America
How has the US Supreme Court treated the issue of affirmative action in cases involving affirmative action?
MultiRegion, United States of America
In what circumstances will a white member of a union be able to intervene in a race discrimination action?
MultiRegion, United States of America
Can a jury convict an appellant of concealing and withholding the stolen hubcaps?
California, United States of America
What are the implications of s. 6(2) of the Canadian Human Rights Code on a person who has been denied a right to work in another province?
Prince Edward Island, Canada
Does the term "serious" apply to defendant in the context of Section 667 of the California Penal Code?
California, United States of America
What is the case of a woman who, as a result of her father-in-law's business interests, has suffered economic disadvantage due to her lack of employment?
British Columbia, Canada
What is the test for an argument that the jury was improperly instructed on second degree felony murder premised on kidnapping for extortion?
California, United States of America
How do we review de novo questions of law in bankruptcy cases?
federal, United States of America
What is the test for determining whether a slip and fall accident was precipitated by the condition of the premises where the accident occurred?
New Brunswick, Canada
How has the court dealt with an application to cancel or reduce child support arrears?
British Columbia, Canada
Is detention reasonable under the Fourth Amendment?
California, United States of America
What are the elements of conversion and what is the test for conversion?
California, United States of America
Is there a fiduciary relationship present in any given case?
British Columbia, Canada
In what circumstances will a solicitor be allowed to charge a bill as presented to the Court of Appeal?
British Columbia, Canada
What is the test for “over-staffing” in law?
Ontario, Canada
Is there any case law supporting the need for a full record of proceedings on transfer?
California, United States of America
Does the fact that counsel for the successful plaintiff was retained on a contingency fee agreement have any bearing on whether ordinary costs produce a just indemnity?
British Columbia, Canada
What is the test for a spouse to prove that they owe each other a mutual duty of support?
Ontario, Canada
Does a police officer's observation of metal knuckles constitute a jurisdictional defect?
"New York", United States of America
Does a failure to raise an affirmative defense constitute a waiver?
MultiRegion, United States of America
What is implied malice in second-degree murder?
MultiRegion, United States of America
What is the impact of high income parents on child support guidelines in the US?
British Columbia, Canada
What is the test for a motion to stay?
Ontario, Canada
How have courts considered the doctrine of resulting trusts in the context of a dissolution of a marriage?
Alberta, Canada
What is the basis for a visa application based on an English degree?
Canada (Federal), Canada
Is partial summary judgment appropriate?
Ontario, Canada
Can a prosecutor vouch for the credibility of a witness by referring to evidence outside the record?
California, United States of America
What is the burden on the defense to object to a prosecutor's misstatement of the law regarding voluntary manslaughter?
California, United States of America
What is the test for abuse of wiretap transcripts?
MultiRegion, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
Is there cross-admissibility between a murder committed at the same time by the same gang?
California, United States of America
Does a portion of mortgage payments that reduce principal should not be deducted from rental income?
Ontario, Canada
Is an attendance management program not systemically discriminatory?
Nova Scotia, Canada
Is there any case law where a federal district court erred by failing to pronounce sentence on each count?
MultiRegion, United States of America
What is the test for enforceable easements of right of way?
Ontario, Canada
What is the burden of proving a person's eligibility to stand at a hearing?
California, United States of America
Does a plaintiff have to be decertified as a member of a class as a result of their success at trial?
MultiRegion, United States of America
Does a conditional plea of no contest to a charge of spousal rape by means of duress trigger mandatory sex offender registration?
California, United States of America
What is the standard of review of a trial judge’s findings of fact?
Ontario, Canada
How have juries in a criminal trial been instructed to not be biased against a defendant because they have been arrested and charged with a crime?
California, United States of America
What is the trustworthiness determination and its decision to admit hearsay evidence for abuse of power?
California, United States of America
What is litigation privilege and what is the argument that litigation privilege means?
British Columbia, Canada
What is the current state of the law with respect to confrontation rights?
California, United States of America
What is the test for meeting the threshold for a judge to order a second stage inquiry into the best interest of the child in a custody application?
Saskatchewan, Canada
What is the test for an employee to sue their employer for breach of a covenant of good faith and fair dealing?
California, United States of America
What is the test for accepting an appeal from a dismissal for want of jurisdiction?
MultiRegion, United States of America
Does the presumption of innocence apply in civil matters?
California, United States of America
What evidence is admissible for repair of a culvert in a motor vehicle accident?
Saskatchewan, Canada
Is a stay of proceedings a discretionary remedy?
Yukon, Canada
What is the test for disclosing opinions in a personal injury case?
California, United States of America
What is the test for a jury to convict a defendant of false imprisonment by violence or menace?
California, United States of America
Does the trial court properly instruct the jury regarding credibility of witnesses and weighing of conflicting testimony?
California, United States of America
What is the legal test for a claim of insufficient evidence in a sexual assault case?
California, United States of America
What is the test for making a threat under section 422 of the Criminal Code?
California, United States of America
What is the impact of the fact that there have been no public complaints about a state of disrepair in the area?
Ontario, Canada
What is the test for Affirmation of Affirmative Review?
California, United States of America
Is a defendant entitled to explain to the jury why he refused to take an intoximeter test?
California, United States of America
What is the impact of the screening protocol in police headquarters?
Ontario, Canada
What is the test for assessing damages in defamation cases?
British Columbia, Canada
Does a party have a right to cross-examine the opposing party during a divorce hearing?
California, United States of America
Does a defendant have to prove a burden of proof in the weighing of aggravating and mitigating circumstances?
California, United States of America
Does a defendant who has been found guilty of a criminal offence by reason of reason of insanity have to serve a reduced sentence?
California, United States of America
Can an appellant be held liable for damages caused by a broken jar?
Saskatchewan, Canada
Is a plaintiff entitled to a reproof or rebuke for the conduct of counsel in a personal injury action?
British Columbia, Canada
What is the test for determining the amount that is fair to a plaintiff in a civil matter?
Ontario, Canada
Is it within the legislative rather than the judicial prerogative of the federal courts to rewrite or amend a statute?
MultiRegion, United States of America
What constitutes a fundamental breach of a contract?
British Columbia, Canada
What is the probability that a defendant would not have entered a plea?
MultiRegion, United States of America
Can a plaintiff make an application for a motion for carriage to avoid a summary trial?
British Columbia, Canada
Is insufficient evidence sufficient to overturn a conviction for sexual assault?
California, United States of America
What is the test for exhaustion of remedies in a federal habeas proceeding?
MultiRegion, United States of America
What is the test for determining the best interest of a child?
Saskatchewan, Canada
What are the grounds for error in denying a motion to withdraw a guilty plea?
California, United States of America
Does the trial court abuse its discretion by denying a motion for continuance by denying the requested continuance?
California, United States of America
What are the moral obligations of a supporting spouse to provide for the dependent spouse after the husband dies?
Alberta, Canada
Is freedom of expression a fundamental right of expression in a democratic society?
British Columbia, Canada
Does the Business and Professions Code create a private cause of action?
California, United States of America
Is expert opinion admissible under Ares v. Venner?
British Columbia, Canada
What is the test for determining whether section 654 of the Criminal Code applies?
California, United States of America
Does Section 821.6 of the California Public Safety Code grant immunity to a prosecutor who is investigating an allegation of sexual assault against a minor?
California, United States of America
What is the test for an order in a spousal support case?
Nova Scotia, Canada
What is the city's position on the nonliability of a city's police chief of police for wrongful acts of misconduct?
California, United States of America
Is a defendant's attorney ineffective in opposing the prosecutor's closing argument?
California, United States of America
What are some cases where the Court has convicted an appellant of a murder charge and sentenced him to life imprisonment?
California, United States of America
What is the waiver rule when there is no timely objection to the actions of the trial judge in eliciting new evidence?
California, United States of America
What is the test for denying a motion to suppress statements from a witness in a criminal case?
"New York", United States of America
Can a plaintiff's expert witness be excluded from a new trial date?
California, United States of America
How have the courts dealt with the issue of improper search and seizure?
California, United States of America
What constitutes an affirmative declaration of duty in a motor vehicle accident?
California, United States of America
What is the state attorney general's opinion on battery and assault charges?
California, United States of America
How have courts dealt with the imposition of a booking fee?
California, United States of America
Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief?
California, United States of America
What is the test for a motion to dismiss a charge of criminally negligent homicide?
"New York", United States of America
Is a murder that is premeditated and deliberated a murder of the first degree?
California, United States of America
Can a guardian be found to have gone beyond what the statute under which he holds his office empowers him to do?
British Columbia, Canada
What is the "general rule" on contribution between parties jointly charged for negligence?
MultiRegion, United States of America
What are the aggravating factors in the case of a man who, as a result of an assault, lost an eye and suffered a brain injury?
Alberta, Canada
What is the test for establishing that police officers directed plaintiff to where to park?
California, United States of America
In a personal injury case, is stalking evidence inadmissible because the stalking evidence was not presented in the trial?
California, United States of America
Can a jury find a defendant guilty of first degree murder with robbery and burglary special circumstances?
California, United States of America
Is evidence of a statement made to a witness by a person who was not himself called as a witness admissible?
Alberta, Canada
Can a strata corporation be held to a standard of perfection and is not a guarantor or insurer when building problems arise?
British Columbia, Canada
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang?
California, United States of America
Can the common law rule in Saunders v. Vautier be employed to terminate the pension trust?
Ontario, Canada
What is the test for a civil action under Section 1985 of the Ku Klux Klan Act?
MultiRegion, United States of America
Can the payor spouse argue that the custodial spouse has a legal duty to support the child other than the child of the marriage?
Nova Scotia, Canada
What is the test for judicial review of a finding of attorney-client privilege?
California, United States of America
What is the test for reliance on evidence filed in camera at an ex parte hearing to rule on the admissibility of the Rosenthal murder evidence?
MultiRegion, United States of America
How have courts treated evidence in a rear-end collision case?
British Columbia, Canada
What is the private insurance exception in the context of special damages?
British Columbia, Canada
What is the burden of a jury in a murder trial of a man accused of a series of crimes against the same person?
California, United States of America
What is the current state of the law in the context of the Fourth Amendment?
California, United States of America
Does the rule of inadmissibility apply to any statements made during the course of a plea bargaining negotiations, such as "admissions of guilty and offers to plead guilty"?
California, United States of America
What is the proper approach to a summary judgment application based on admissions?
Alberta, Canada
What is the test for retraining to become an employee in a separation proceeding?
Manitoba, Canada
What is the standard of review that the court must apply when evaluating evidence in a personal injury case?
California, United States of America
Does Respondent have to provide a transcript of the lower court's proceedings to support its claim of abuse of power?
California, United States of America
What is the test for a counterclaim for damages for defective construction?
Saskatchewan, Canada
Can a person who makes a spontaneous statement under section 1240 of the California Civil Code be considered a "testimonial"?
California, United States of America
What is the effect of a finding of no misconduct in a professional conduct review panel finding no misconduct?
British Columbia, Canada
Does a developer have to provide copies of new disclosure statements or amendments to purchasers who have not yet received title to the property?
British Columbia, Canada
Can a trustee who is in an adversarial position towards a co-trustee or beneficiary be removed from charge of the trust property?
Ontario, Canada
Is an interprovincial transportation undertaking subject to federal jurisdiction?
British Columbia, Canada
What is the need to assess the totality of the circumstances and what is the impact of the "totality" of an informant’s tip?
Newfoundland and Labrador, Canada
Can an Indian Reserve be created within a municipality?
Saskatchewan, Canada
What is the current state of the law on disclosure in medical malpractice cases?
Ontario, Canada
Does the Sixth Amendment apply to a civil relief application?
MultiRegion, United States of America
How have the courts interpreted the meaning of the word "corrosion" in the context of section 5 of the Rules of Civil Procedure?
British Columbia, Canada
What is the test for claiming dangerousness against a person who has committed a criminal offence?
MultiRegion, United States of America
Can a notice of discontinuance be set aside if the notice was intended to avoid an interlocutory order?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Can a beneficiary of a deceased's trust claim for attorney fees under section 17211(b) of the California Probate Court?
California, United States of America
What is the difference between the provisions of the California Labor Code and the California Human Rights Code?
California, United States of America
What is the test for reconstructing the crime scene in the context of a charge of first degree murder based on the allegation that the crime was committed in perpetration of one of the felonies?
California, United States of America
What is the statute of limitations for a tort of inducing breach of contract?
California, United States of America
What constitutes a search pursuant to a warrant to search a given area for specified objects?
"New York", United States of America
What is the test for a motion to reduce sentence for abuse of discretion?
MultiRegion, United States of America
Does a court have discretion to enter default judgment against a party after the clerk has entered the party's default?
MultiRegion, United States of America
In what circumstances will counsel be allowed to a dog trainer at a disciplinary hearing?
Saskatchewan, Canada
What is the appropriate amount of restitution for services provided by the complainant?
"New York", United States of America
What is the difference between compensatory and non-compensation based support?
Ontario, Canada
Is a defendant's failure to appear at a hearing not willful but intentional?
California, United States of America
What is the standard of review for a motion to sustain or overrule a demurrer?
California, United States of America
What is the test for relying on inconsistent statements in a civil case?
MultiRegion, United States of America
How have courts dealt with a defendant's history of mental illness and criminal history?
California, United States of America
How have the courts dealt with ineffective assistance claims?
MultiRegion, United States of America
What is the difference between a consent order and a consent?
Nova Scotia, Canada
Is a motion to suppress certain incriminatory statements taken by the police from petitioner allegedly in violation of his Miranda rights denied?
California, United States of America
Does Section 924(j) of the Criminal Code allow the death penalty to be applied as a stand-alone crime?
MultiRegion, United States of America
What is the test for determining whether a spouse can request a modification of support?
California, United States of America
When will a jury find a defendant not guilty by reason of reason of insanity?
California, United States of America
Is a contingency fee paid by defendants in a personal injury action?
MultiRegion, United States of America
Is there any case law where a Chambers Justice has been advised to be careful in making close calls?
Nova Scotia, Canada
What is the test for a judicial review of an Emergency Information System (EIS) prepared in accordance with the Administrative Procedure Act?
MultiRegion, United States of America
Is a restitution fine imposed under section 1202.4 subject to section 654?
California, United States of America
What is the current state of the law on crosswalks?
British Columbia, Canada
Does a judge have jurisdiction to set aside a pre-existing agreement relating to the issue of legal custody?
Newfoundland and Labrador, Canada
How have the courts in Taiwan dealt with the issue of parental consent to place a child with the paternal grandmother in Egypt?
Ontario, Canada
Does the Good Faith Exception apply to a search warrant issued by a federal district court?
MultiRegion, United States of America
What is the definition of misfeasance in the context of a claim for damages against an agent?
Saskatchewan, Canada
What is the test on a protection application?
Ontario, Canada
How have the courts interpreted the words “I did not take the cheese” on the back of an invoice?
Ontario, Canada
What is the effect of Queen’s Bench Rule 70.20 on affidavits in family matters?
Manitoba, Canada
Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"?
California, United States of America
What is the legal test for a motion for a new trial premised on denial of constitutional rights?
California, United States of America
What is the test for a motion to seek a court order for questioning in a family law case?
Ontario, Canada
What is the standard of review for a motion for continuance?
California, United States of America
What is the legal test for appeal against a criminal conviction?
Manitoba, Canada
What is the affirmative defense to a charge of tortious interference with contract?
MultiRegion, United States of America
What is the standard of review for a duty of consultation?
British Columbia, Canada
If a section 12022.53 firearm enhancement is found true for the same crime, can the same firearm enhancement be stayed?
California, United States of America
What are some cases where a young man is arrested and questioned on a marijuana charge and becomes a suspect in a murder investigation?
Alberta, Canada
Does the "firefighter's rule" apply to those who are employed by a private company?
California, United States of America
When a prison officer is accused of excessive force, what is the standard of inquiry?
MultiRegion, United States of America
Can a defendant appeal the judgment of a certificate of probable cause?
California, United States of America
What are the tests and the cases about the joinder of parties under s. 7 of the Class Proceedings Act, 1992?
Ontario, Canada
Is evidence regarding ephedrine admissible pursuant to the exclusionary rule?
MultiRegion, United States of America
Is a defendant permitted to explain to the jury why he is accused of sexually assaulting a minor?
California, United States of America
What is the test for “common issues” in a class action?
New Brunswick, Canada
Is a trustee entitled to indemnification from the estate of a deceased?
British Columbia, Canada
In a prosecution for possession of narcotics for sale, is a jury required to unanimity as to the criminal act?
California, United States of America
Can intoxication be a factor in denying a worker's compensation claim?
California, United States of America
In what circumstances will a defendant be found guilty of a special circumstance charge under Section 187 of the Penal Code?
California, United States of America
Does collateral estoppel bar an applicant from accessing medical care?
California, United States of America
What are the reasons for judgment in the case of Bank of Montreal?
British Columbia, Canada
Can a jury have convicted a man of second degree murder?
California, United States of America
Is there a difference between a responding officer responding to a 911 call and the responding officer who appears in response to the 911 call?
"New York", United States of America
What is the legal test for cost recovery in a family law case?
Ontario, Canada
What is the test for a jury in a sexual assault case when they consider motive rather than burden of proof?
California, United States of America
What are the findings of an independent review of the record for potential error?
California, United States of America
Is a temporary suspension of disability benefits because of a claimant's religious observance constitutional?
California, United States of America
How does the felony-murder special circumstance apply to a person other than the actual killer?
California, United States of America
