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 appropriate test for a motion to obtain an injunction to stop a party from moving to a different location?
Ontario, Canada
What is the test for determining whether a statutory provision has crossed the line demarking laws of general application from other enactments?
British Columbia, Canada
Does the police have to renew the Miranda warning given to a defendant?
California, United States of America
Is retroactive support a discretionary matter?
Nova Scotia, Canada
What are the costs of attorney's fees in an appeal?
California, United States of America
What are retained earnings in a company?
British Columbia, Canada
Does a court have authority to remove counsel from an indigent criminal defendant?
California, United States of America
Is consent obtained by police officers obtained through subterfuge and fraud?
California, United States of America
How have the courts disposed of the assets of the partners in a joint ownership dispute?
California, United States of America
What is the test for determining whether or not a nuisance is a matter of fact?
British Columbia, Canada
What is the definition of "willfully and knowingly" making a false statement in a passport application?
MultiRegion, United States of America
Can a judge or magistrate strike or dismiss a prior conviction for sentencing purposes?
California, United States of America
What is the test for an extradition judge to make a decision between competing inferences?
British Columbia, Canada
What is the impact of inaccurate certifications of a record of a case?
British Columbia, Canada
In what circumstances will a judge order a summary judgment in an application arising from a breakdown in the relationship between the parties?
Ontario, Canada
What is the effect of quashing or quashing the information?
British Columbia, Canada
What are the factors used by the courts to determine what is in the best interests of a child in primary care?
Nova Scotia, Canada
What is an indulgence for a motion to set aside a registrar’s dismissal order?
Ontario, Canada
Is a defendant guilty of burglary even if he entered the home with the intent to commit a felony?
California, United States of America
What is the test for adducing evidence that supports the argument that the accused has committed a similar fact crime?
British Columbia, Canada
What is the test for a motion to reconsideration of the earlier denials of the motions to quash the search warrant and to traverse the affidavit?
California, United States of America
In what circumstances will the court refuse to award damages to a defendant for failing to warn a plaintiff of the presence of a suspect?
California, United States of America
Does section 7 of the Charter apply to extradition proceedings?
Manitoba, Canada
What is the effect of contempt proceedings against a spouse for refusing to comply with the terms of a marriage contract?
Ontario, Canada
What is the duty of the police to seize evidence from the scene of a crime?
California, United States of America
What is the good cause of a police officer's request for personal information?
California, United States of America
Is evidence of criminal activity not charged in a criminal case admissible?
California, United States of America
What is the test to determine insufficient evidence in a criminal case?
California, United States of America
What is the test for an intervener to adopt a payment as a discharge from a debtor?
Saskatchewan, Canada
What is the test for a motion for a mistrial?
California, United States of America
What is the subjective prong of the Eighth Amendment analysis?
MultiRegion, United States of America
How have courts interpreted the meaning of the common law in the context of common law?
Manitoba, Canada
Can a defendant be convicted of receiving a stolen vehicle?
California, United States of America
Is a statement made by a witness not inadmissible hearsay?
California, United States of America
What factors are considered to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment?
British Columbia, Canada
What is the test for establishing that a sentence is substantively unreasonable?
MultiRegion, United States of America
Can a strata council investigate a complaint that the strata has contravened a bylaw?
British Columbia, Canada
Is a defendant who was convicted of possession of a firearm and possession of ammunition a separate criminal offence?
California, United States of America
What are the elements of felon in possession?
California, United States of America
What are the costs of a medical malpractice trial?
Alberta, Canada
Does the term "sudden" in the terms of an insurance policy apply?
California, United States of America
What is the burden of establishing eligibility for a motion of appeal under section 1170.18?
California, United States of America
What are the implications of a police interview where the accused was questioned before the accused had a chance to telephone his lawyer?
Canada (Federal), Canada
What is the test for a prosecutor to dismiss a criminal complaint against a defendant in his or her home county?
California, United States of America
Does a defendant who files a false bankruptcy petition violate a "judicial order" within the meaning of section 2F1.1(b)(3)(B) of the Criminal Code?
MultiRegion, United States of America
What is the test for disclosing a material risk?
Ontario, Canada
Can a police officer use excessive force against an ordinary citizen?
California, United States of America
What is the test for a claim of insanity in a civil case?
MultiRegion, United States of America
Is a mistake of fact a crime for failing to instruct a defendant on a defense that disproves any criminal intent?
California, 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 effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin?
Ontario, Canada
What are the right days for determining damages in a commercial contract?
Saskatchewan, Canada
What is the de minimis nature of the welfare fraud committed by the prosecution witness?
MultiRegion, United States of America
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case?
Ontario, Canada
What are the implications of the Defendant's decision to appeal against the Court of Appeal?
California, United States of America
Is it fair and reasonable to impute some minimum wage income to the mother?
Ontario, Canada
Does the Court have discretion over admitting evidence in a civil case?
California, United States of America
What is the current state of the law in relation to the use of excessive force by Border Patrol agents on a border patrol?
MultiRegion, United States of America
What is the test for severance orders?
British Columbia, Canada
What is the test for determining the best interests of the child of a Catholic Children's Aid Society of Metropolitan Toronto?
Ontario, Canada
Can a pension-holding spouse continue to receive spousal support beyond the date of retirement?
British Columbia, Canada
What is the relevant case law on sexual assault?
California, United States of America
Is there any case law where a defence counsel sought to exclude the evidence of a witness in a civil case?
California, United States of America
What is the test for modifying a judgment in a personal injury case?
California, United States of America
Does a judge have a duty to give sua sponte instructions on a lesser included offense barred by the statute of limitations?
California, United States of America
What is the range of contributory negligence in a motor vehicle accident involving a child as young as 10?
Manitoba, Canada
What is the test for detention of a person under suspicion of committing a crime?
California, United States of America
What are the damages for failing to provide reasonable notice of termination?
Nova Scotia, Canada
Does a defendant have to prove that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of counsel?
California, United States of America
Is a tribal hunt a religious exercise protected by the First Amendment?
MultiRegion, United States of America
Does a motion to adjourn trial following a superseding indictment for abuse of discretion need to be considered before the US Supreme Court?
MultiRegion, United States of America
What is the test for probable cause under the Fourth Amendment?
California, United States of America
Is reasonable doubt a violation of due process rights under the Fourteenth Amendment?
California, United States of America
What are the allegations against appellant in a civil case?
California, United States of America
What are the costs of a motion to remove a trustee?
California, United States of America
Is a public employee's speech protected by the First Amendment?
MultiRegion, United States of America
What privilege does a Department representative have over disclosure in a civil matter?
Saskatchewan, Canada
What if a reversal of a finding of insanity occurred during jury selection?
California, United States of America
Can a Minister give material evidence at a civil trial?
Ontario, Canada
In what circumstances will a defendant be found guilty of first-degree murder for a hit-and-run incident?
California, United States of America
On a motion for interim support, is standing standing or entitlement?
Ontario, Canada
What is the difference between the expenses paid by the claimant and the respondent?
British Columbia, Canada
What is the test for a criminal charge of mail fraud?
MultiRegion, United States of America
What is the test for an independent review of the entire appellate record?
California, United States of America
What is the legal test for a judge to determine negligent misrepresentation?
British Columbia, Canada
Can a declaration be granted in a personal injury matter?
British Columbia, Canada
What is the test for reasonable belief in an unrepresented plaintiff?
Alberta, Canada
Can an estate trustee claim special fees for the administration of a deceased's assets?
Alberta, Canada
Is inference of guilt permissible in a criminal case where stolen property is found in the conscious possession of a defendant?
California, United States of America
Can an annuity be converted into a personal injury settlement?
British Columbia, Canada
In a custody and access case, in what circumstances will the court consider a more tempered approach to costs?
Ontario, Canada
Is a pro se prisoner's filing of a state habeas petition deemed a "mailbox" when it is delivered to the prison authorities for forwarding to the clerk of the court?
MultiRegion, United States of America
What is the test for good faith or blameless intent in a criminal case?
MultiRegion, United States of America
What is the test for determining the appropriate amount of bond in a personal injury action?
California, United States of America
What are the costs of two separate actions brought by the same defendant?
British Columbia, Canada
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds?
Ontario, Canada
Does the court have a right to prevent information from being shared with a person with a stigmatized medical condition?
Ontario, Canada
Does the question of pressure have any place in the determination of intent?
Ontario, Canada
What is the test for determining whether a city has been found guilty of negligence in relation to loss of glass?
Saskatchewan, Canada
Does a prosecutor commit misconduct by highlighting a defendant's failure to call a logical witness?
California, United States of America
What is the record of an attorney disbarred from the California State Bar?
California, United States of America
Is a trial court's erroneous instruction adding an extra element to a plaintiff's burden of proof harmless?
MultiRegion, United States of America
What is the test for presenting evidence of third party culpability in a criminal case?
California, United States of America
Does a court have the authority to vacate an award when the award is invalid because it contains a legal or factual error?
California, United States of America
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct?
California, United States of America
When will a jury be instructed to consider whether there is an exception to the rule stated in CALJIC 4.20?
California, United States of America
How have we reviewed an appeal from the trial court's confirmation of an award from an arbitrator?
California, United States of America
Does a defendant have a right to present a defense in a criminal case if they have had an abortion?
California, United States of America
What is the impact of addiction on the sentence of a convicted drug offender?
Newfoundland and Labrador, Canada
What is just cause for excusing a juror from jury?
MultiRegion, United States of America
What is the test for discovering an offense discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime?
California, United States of America
What is a debt and what is the definition of a debt?
Alberta, Canada
Can a claim for breach of a collective agreement be brought in superior court?
Saskatchewan, Canada
Does the analysis of the second step of analysis for a breach of a fiduciary duty, or is it likely to be negative or negative?
Alberta, Canada
Under what circumstances will a judge order an independent review of the record?
MultiRegion, United States of America
Is it a fundamental civil and legal right to communicate in confidence with one's legal advisor?
British Columbia, Canada
What is the test for advising a defendant of his right to counsel during questioning?
California, United States of America
Does attaching a silencer to a shotgun constitute a crime?
MultiRegion, United States of America
Does the ERISA statute of limitations begin anew with each related breach of fiduciary duty?
MultiRegion, United States of America
What is the relative degree of fault of in a motor vehicle accident?
British Columbia, Canada
What is the test for sufficiency of evidence to support a conviction?
California, United States of America
What is the standard for dismissing an indictment based on outrageous government conduct?
MultiRegion, United States of America
What is the test for finding a prison to be liable for health and safety breaches?
MultiRegion, United States of America
Does a jury have a "complete" verdict in a civil case?
California, United States of America
Does a lessor have covenanted that neither he nor his "assigns" will erect or permit a building in front of the building line on land adjoining the lessor's premises?
Saskatchewan, Canada
What is the test for a motion of no confidence in a jury in a civil case?
MultiRegion, United States of America
How much attorney fees will be awarded on appeal?
California, United States of America
Is a defendant convicted of driving under the influence of alcohol (DUI) and driving while having 0.08 percent or more alcohol in his blood?
California, United States of America
Does the cumulative error doctrine apply to overturn a conviction of attempted murder?
California, United States of America
Is there any case law where a jury has been ordered to consider discrepancies between witness estimates and actual height?
California, United States of America
Is there any case law in which a federal prosecutor's misconduct was so flagrant that the criminal charges against him should be dismissed?
MultiRegion, United States of America
Is Rule 11 sufficient to deal with a more complex factual situation at the Bar?
Alberta, Canada
How have courts interpreted the doctrine of 'fairly debatable'?
California, United States of America
Does a defendant have to prove that the intended victims were not present at the time of an attempted burglary?
California, United States of America
What is the test for ineffective defense attorneys to object to a prosecutor's rebuttal argument?
California, United States of America
Does medical malpractice constitute a constitutional violation?
MultiRegion, United States of America
Can a plaintiff refer to a prior pleading to make the amended complaint complete?
MultiRegion, United States of America
What is the state of the law in the context of errors, errors and omissions?
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 common issue in a certified sexual abuse action?
British Columbia, Canada
Does a plaintiff have to provide an address to effectuate service on a Defendant?
MultiRegion, United States of America
Is there any case law supporting a cause of action for negligence in the context of medical malpractice?
MultiRegion, United States of America
Does the Ontario Health and Social Services Board have a duty to advise a patient that he is not to be prosecuted for his first failure to report?
MultiRegion, United States of America
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule?
California, United States of America
What evidence exists that supports a claim of domestic violence brought by a defendant against his ex-partner?
California, United States of America
What is the test for determining whether a defendant has the ability to pay attorney fees under section 987.8?
California, United States of America
What is the duty of fidelity owed by a departing employee to their former employer?
British Columbia, Canada
Can an equitable charging order be granted for payment of costs?
British Columbia, Canada
What is the test for a motion to withdraw a guilty plea for abuse of power?
MultiRegion, United States of America
Does a motion to suppress need to be heard in person?
"New York", United States of America
What is the case law and what is the relevant case law in relation to document production?
British Columbia, Canada
What is the test for a jury to convict a defendant of sexual assault?
California, United States of America
Does the accusatory instrument sufficiently allege the element of possession of marijuana recovered from the bag on the window sill?
"New York", United States of America
When interpreting statutory language, does the language "in context of the statutory framework as a whole" apply?
California, United States of America
What are the applicable principles for a departure from the general rule that costs are awarded to the successful party?
British Columbia, Canada
What is the test for a jury to reject self-defense instructions in CALCRIM No. 505?
California, United States of America
Is Respondent's statement at the scene of the crime a direct or circumstantial evidence of guilt?
"New York", United States of America
Can an employer discharge an employee with a disability even with reasonable accommodation?
California, United States of America
Can a motion to dismiss his court appointed counsel proceed pro se?
MultiRegion, United States of America
What are the reasons for disallowing recovery in a wrongful death claim?
"New York", United States of America
Does defendant waive the right to raise the issue in her opening brief?
California, United States of America
What is the state of the law on waiver of a defendant's right to testify at trial?
MultiRegion, United States of America
What is the test for determining whether the evidence was sufficient to overturn a conviction for sexual assault?
California, United States of America
What is the test for establishing that a judgment is presumed correct?
California, United States of America
What is a reasonable period of time for a defendant to prepare for trial?
"New York", United States of America
What is the test for a motion to dismiss an action brought by a plaintiff against her sister?
California, United States of America
What is the legal test for having a motion on the Commercial List before the Court of Appeal?
Ontario, Canada
What is the test for a judicial review of a corporate election?
Manitoba, Canada
Can a deed obtained by fraud committed against the grantor be rescinded?
California, United States of America
Does the public interest exception apply?
California, United States of America
What is the limitation issue as it relates to the City?
Alberta, Canada
Can a reasonable person reasonably doubt the impartiality of an arbitrator?
California, United States of America
What is the test for establishing that a witness has a valid medical record?
MultiRegion, United States of America
What is the test for establishing probable cause in a search warrant?
California, United States of America
Does an agreement between the parents concerning custody matter?
British Columbia, Canada
How have the courts instructed the jury in a case of imperfect self-defense?
California, United States of America
Is a search of the trunk of a car during a search for illegal firearms valid?
California, United States of America
Does the Defendant rely on the doctrine of possession of a firearm by the prosecution in a criminal case?
California, United States of America
Can a defendant stay his sentence for resisting arrest under section 654 of the California Criminal Code?
California, United States of America
Can a defendant waiving the statute of limitations and be convicted of a time-barred charged offence?
California, United States of America
What is the test for an individual to be considered a gift?
British Columbia, Canada
What is the test for determining credibility of a witness?
Ontario, Canada
What is the difference between a parenting report ordered under s. 211 of the BC Family Law Code?
British Columbia, Canada
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
How has the court awarded an unequal division of net family properties in a separation proceeding?
Ontario, Canada
What is the effect of a special instruction in a sexual assault case where the evidence does not "point unerringly to the guilt of the accused"?
California, United States of America
Can plaintiff bring a petition for writ of habeas corpus to challenge the revocation of good conduct sentence credit?
MultiRegion, United States of America
Does a driver have a duty to prevent injury that is a result of third party conduct?
California, United States of America
Does the act of depositing a check drawn on an out-of-state bank satisfy the requirement that the accused cause the security to be transported in interstate commerce?
MultiRegion, United States of America
Can a defendant who prevails on an anti-SLAPP motion recover his or her attorney's fees and costs?
California, United States of America
When will a summary judgment application be granted in a commercial tenancy matter?
British Columbia, Canada
Can a police officer with reasonable caution strongly suspect that contraband was located in the plastic bag in the trunk of a car?
California, United States of America
Is there any case law where a jury was ordered to consider evidence of criminal activity prior to the trial of a defendant who was involved in drug dealing, firearms possession, and robbery?
California, United States of America
What is the standard of review on appeal of the evidence supporting the finding of premeditated and deliberate murder?
California, United States of America
Is a sentence for a convicted rapist proportionate to his crime?
MultiRegion, United States of America
Is a witness not an expert?
Ontario, Canada
How is mootness determined when the mootness was determined by a district court?
MultiRegion, United States of America
What is the test for applying the debt under the California Equity Rule?
California, United States of America
What is the test for instructing a jury on the theory of manslaughter?
California, United States of America
What are the principles of natural justice in a sexual assault case?
Ontario, Canada
