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 standard of review for the application of a legal test to the facts as found?
Newfoundland and Labrador, Canada
When will a judge order a supplemental probation report for a convicted murderer?
California, United States of America
What is the test for reasonable use of water rights?
California, United States of America
Can an injunction be issued if the underlying causes of action are not established?
California, United States of America
In what circumstances will a court allow a jury to infer that all heroin seized in a possession case was imported?
MultiRegion, United States of America
How have courts interpreted the implied undertaking in questioning in other child welfare cases?
Alberta, Canada
What is the test for dismissing a prospective juror based on their equivocation and demeanor?
California, United States of America
Does a judge have discretion to strike a prior serious felony conviction for sentencing purposes?
California, United States of America
How is the admission of evidence pursuant to Federal Rule of Evidence 404(b) reviewed?
MultiRegion, United States of America
How is a claim that jury instructions misstate the elements of a statutory crime reviewed de novo?
MultiRegion, United States of America
What is the standard of conduct of a foreign prosecutor in the context of an allegation of misconduct?
British Columbia, Canada
What is the test for a murder committed by a "willful, deliberate and premeditated killing"?
California, United States of America
Can a defendant challenge the testimony of a witness at trial on the grounds that an earlier out-of-court statement was the product of police coercion?
California, United States of America
What is the test for a "provocative act" murder?
California, United States of America
Is a person’s choice of where to establish a home a personal matter?
Prince Edward Island, Canada
What is the burden of proving that a claimant has severe impairment?
MultiRegion, United States of America
Is the New York Rule prohibiting a trustee from charging real property income with depreciation?
"New York", United States of America
Is there any case law where a jury was instructed to convict a defendant of only two conspiracies rather than four?
California, United States of America
What is the "insurance question" in a motor vehicle accident?
California, United States of America
What are the elements of a fraud case?
California, United States of America
Is a defendant's claim that ineffective assistance of counsel led him to enter a felony plea instead of a misdemeanor and thus erroneously receive a (negotiated) felony sentence?
California, United States of America
What is the test for imposing a duty of care in a novel situation?
Ontario, Canada
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued?
California, United States of America
What is the test for a jury to convict a defendant of more than three acts of substantial sexual conduct or lewd and lascivious conduct?
California, United States of America
Is peremptory challenge an important part of trial by jury procedures?
MultiRegion, United States of America
Is there any case law protecting against double jeopardy in the context of criminal cases?
MultiRegion, United States of America
What is the test for a motion of habeas corpus under AEDPA deference?
MultiRegion, United States of America
Does each mailing and each telephone call constitute a separate crime?
MultiRegion, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
Can evidence seized pursuant to a warrant issued by a federal magistrate be used in criminal proceedings?
MultiRegion, United States of America
In what circumstances will the trial court order a psychotherapist's statement that his or her services were not related to the crime?
California, United States of America
What is the test for admitting evidence of witness intimidation?
California, United States of America
What if the jury was instructed that what the attorneys said in their arguments were not evidence?
California, United States of America
What is the right of action against a party wrongfully procuring the appointment of a receiver?
California, United States of America
Is a judge required to warn petitioner before taking a disciplinary action against him?
California, United States of America
Is a writ of habeas corpus the appropriate federal remedy in a case where an inmate has lost time credits due to his disciplinary conviction?
MultiRegion, United States of America
What is the test for determining whether an innocent course of conduct is less likely than a criminal one?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a petition?
MultiRegion, United States of America
Does the use of the word "fatal error" constitute fatal error?
MultiRegion, United States of America
What is the current state of the law in India when it comes to the definition of "reasonable and necessary" expenses?
British Columbia, Canada
Does a settlement of a claim for reimbursement of past benefits affect the employer's right to obtain a credit for future benefits?
California, United States of America
What is the effect of having an accomplice testify against a single defendant in a single criminal trial?
California, United States of America
What is the test for a challenge to the sufficiency of evidence to support a conviction?
California, United States of America
What is the test for credibility of a witness in a medical malpractice case?
British Columbia, Canada
What is the test for a request for extradition from the United States?
British Columbia, Canada
Is there a failure to suppress or object to the evidence for impropriety in the manner of execution of a search?
California, United States of America
Is assault with intent to commit rape a serious crime?
California, United States of America
What is the test for obtaining a search warrant to search a temporary shelter?
California, United States of America
Isolation and a difficulty supporting oneself a proper factor in mobility cases?
Prince Edward Island, Canada
If a defendant is arrested and charged with multiple crimes, is his sentence credited against the term imposed on each crime?
California, United States of America
What is the testator's responsibility for not having a relationship with his son?
British Columbia, Canada
Does solicitor-client privilege apply where there has been a communication between solicitor and client?
Alberta, Canada
What is the test for establishing a corpus delicti in a motor vehicle case?
California, United States of America
Can a defendant challenge the validity of a plea agreement on appeal?
California, United States of America
What is the test for withdrawing a plea on the grounds that his attorney of record has not provided adequate representation?
California, United States of America
Is an order dismissing a trust's no contest clause appealable?
California, United States of America
Is a defendant entitled to suppress or suppress statements he made to the police during a custodial interrogation?
California, United States of America
Is a search of a toolbox by Border Patrol officers a non-routine border search?
MultiRegion, United States of America
What is the test for sanity in a criminal case?
MultiRegion, United States of America
What is the case law on division of property where inflation and the increase in the value of the property since the time of trial is due to inflation?
Alberta, Canada
What are some of the terms and conditions of contracts that have been alleged to be in dispute?
California, United States of America
How have courts considered the claim of right defense in carjacking cases?
California, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
Does a waiver based on a failure to notify appellant of his right to a restitution hearing constitute error?
California, United States of America
Are special and extraordinary expenses relevant in the calculation of child support payable for a child over the age of majority?
British Columbia, Canada
What is the test for calculating costs in a personal injury action?
British Columbia, Canada
Can a defendant challenge a warrant for search warrant when it contains deliberate or reckless omissions of facts that tend to mislead?
MultiRegion, United States of America
What are the relevant factors for a claim for loss of future earning capacity?
British Columbia, Canada
Is the imposition of tax rates for Class Q under Bylaw No. 279 of the City of Vancouver's Tax Billing Notice issue to Brinkworthy unreasonable?
British Columbia, Canada
Does a quotation for the People v. Rundle case need to be changed?
California, United States of America
What is the consequence of the conviction of a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
What are the conditions of probation for a convicted sex offender who accepts a probationary sentence?
California, United States of America
What is the test for approving a class action settlement?
MultiRegion, United States of America
What are the legal principles to be considered on an adjournment application?
British Columbia, Canada
Is Section 2(b) of the Charter of Canada applicable to freedom of expression?
Ontario, Canada
What is the test for using a third party attorney in a medical malpractice case?
California, United States of America
In what circumstances will a former partner be ordered to pay the fees of a plaintiff in a civil action seeking to regain custody of their children?
MultiRegion, United States of America
What are the elements of a mental health assessment for self-inflicted injuries?
California, United States of America
What is the legal test for allowing a party to nominate a candidate on a write-in ballot in a primary election?
"New York", United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
Is there a violation of separation of the separation of powers when a judge makes a judgment enforcing a public right?
MultiRegion, United States of America
What is the test for a grave disability application?
California, United States of America
Is a contract void if it is prohibited by statute?
Ontario, Canada
What is the test for a claim for Social Security benefits under the Social Security Act?
MultiRegion, United States of America
What are the consequences of a traffic stop that resulted in a defendant being found guilty of resisting arrest?
California, United States of America
Can Section 3 Counsel be appointed under s. 3 of the Criminal Code?
Ontario, Canada
What is the test for a warrantless search under a probation search condition?
California, United States of America
Is a defendant who engages in conduct that is an element of the charged crime a perpetrator not a aider and abettor?
California, United States of America
What is the effect of a finding that a party is under disability?
Ontario, Canada
What is the current state of the law in Canada on piercing the corporate veil?
Alberta, Canada
When will a judge grant a motion for judgment notwithstanding the verdict?
California, United States of America
What is the current state of the law on admitting evidence of criminal gang membership?
California, United States of America
Is there any case law that applies to a section 158(2) standard in the application of a Strata Plan LMS 2835?
British Columbia, Canada
What is the difference between managing your business affairs and attending to your daily care needs?
British Columbia, Canada
What is the effect of losing your employment and not having to pay child support?
Ontario, Canada
In what circumstances will a plaintiff be allowed to sue for administration?
Ontario, Canada
In what circumstances will an action be allowed to proceed?
Ontario, Canada
Can a court strike a statement of defence and/or an appearance?
British Columbia, Canada
Does the term "moral evidence" need to be changed?
MultiRegion, United States of America
What is the test for establishing that a testator is aware of the effect of the testator’s actions?
British Columbia, Canada
What is the test for striking a motion to amend or amend a Claim?
Ontario, Canada
What is the test for an anti-SLAPP complaint?
California, United States of America
What is the test for denying an attorney fees petition for an abuse of power?
California, United States of America
Does the prosecution have to disclose to the defense the substance of statement at the time it was made?
California, United States of America
Can an out-of-court declaration of an unavailable witness be admitted for its truth?
California, United States of America
What is the standard of care of a primary school?
British Columbia, Canada
In a personal injury action, what are the factors that aggravate or mitigate?
California, United States of America
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home?
MultiRegion, United States of America
What is the test for arbitrable disability benefits?
Manitoba, Canada
Is a failure to exhaust administrative remedies an affirmative defense?
MultiRegion, United States of America
What is the legal test for drafting a pro se complaint?
MultiRegion, United States of America
Can a motion to quash a grand jury indictment be quashed?
California, United States of America
Can a defendant who threatened his girlfriend with a shotgun during an argument receive a reduction in his sentence?
California, United States of America
Is a statute or a judicial decision retroactive?
California, United States of America
What is the test for standing in a civil action?
Nova Scotia, Canada
What is the test for determining the intent of a defendant in a civil case?
California, United States of America
What is the test for granting jurisdiction to the appellate court when a defendant has expressed an intention to appeal?
California, United States of America
What is the test for determining whether your symptoms, signs and laboratory findings are equal in severity to those of a listed impairment?
MultiRegion, United States of America
What are some cases where the federal government has been successful in defending itself in civil actions brought against it by members of the public against each other?
MultiRegion, United States of America
What is the standard of review for a motion seeking a new trial?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for failing to carry out a burden of burden under the Plan?
MultiRegion, United States of America
What is the test for proving a witness unavailable?
California, United States of America
What is the current state of the law on "protective" petitions for judicial review?
MultiRegion, United States of America
Does a dying declaration constitute an exception to the hearsay rule?
California, United States of America
What is the test for a claim for relief in a personal injury case?
MultiRegion, United States of America
Can a court award double costs of all or some steps taken in a proceeding after the date of delivery or service of a formal offer to settle?
British Columbia, Canada
How does the anti-SLAPP statute work?
California, United States of America
In what circumstances will the court accept a defence counsel's declaration of innocence?
California, United States of America
Does the fact that a grievance has been resolved or withdrawn lead to a conclusion that the resolution appropriately dealt with the substance of the complaint?
British Columbia, Canada
Can a contingency fee arrangement between Darby and his lawyer affect an award of attorney's fees?
MultiRegion, United States of America
Does a jury have a duty to determine liability to a bystander who observes another person being injured?
California, United States of America
Can a conviction be reversed on appeal for ineffective assistance?
California, United States of America
Is a claim for damages against an appellant a debt?
Saskatchewan, Canada
How does proof of general intent meet the general intent requirement for unlawful gun possession?
California, United States of America
Does an employer need to make clear to employees that the employer will have the final determination of employee benefits decisions?
MultiRegion, United States of America
What is the test for appellate jurisdiction to hear an interlocutory appeal from the district court's ruling on the motion to suppress?
MultiRegion, United States of America
Does the Sixth Amendment right to counsel extend to a federal habeas corpus action filed by a state prisoner?
MultiRegion, United States of America
What are the principles that apply where a claim is made for occupational rent?
British Columbia, Canada
What is the test for establishing a resulting trust for the transferor?
Nova Scotia, Canada
How have the courts interpreted the statement of claim in relation to the collapse of Abacus?
Alberta, Canada
What is the test for substitute a substitute representative?
British Columbia, Canada
What is the test for preliminary injunctive relief in an immigration case?
MultiRegion, United States of America
What is the effect of a partial loss provision in a personal injury claim?
California, United States of America
What is an obligation of a trial court to instruct a jury on general principles of law?
California, United States of America
What is the specific scope of a motion under Habeas Rule 4?
MultiRegion, United States of America
How have the courts dealt with improper references to prior convictions?
MultiRegion, United States of America
What is the current standard for disclosure of confidential police files?
California, United States of America
What is the test for admitting or denying evidence in a civil case?
California, United States of America
Can Krown bring an anti-SLAPP motion?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining whether a defendant driver who entered a through street from a parking lot from the parking lot is liable for causing a collision?
British Columbia, Canada
What are the implications of a middle term sentence for assault with a deadly weapon in violation of section 245, subdivision (a)(1) of the Criminal Code?
California, United States of America
What are the demurrers in the Second Amended Complaint?
California, United States of America
Does a Defendant's failure to object to the proposed class definition at the time of class certification apply for an appeal from the Court of Appeal?
MultiRegion, United States of America
What is the test for obtaining additional disclosure from the prosecution in a sexual assault case?
Ontario, Canada
Is there any evidence that state officials were assisting with the execution of a search warrant?
California, United States of America
What is the weight of containers and packaging used in the distribution of prescription drugs?
Ontario, Canada
How have the courts dealt with a dispute between neighbors?
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 calling a witness in a trial?
California, United States of America
What is the test for relation back under Rule 15(c)?
MultiRegion, United States of America
Is a Rule 18A application a trial where the evidence must be based on personal knowledge?
British Columbia, Canada
Does section 654 of the California Criminal Code bar a defendant from serving two separate prison sentences for each of his two grand theft convictions?
California, United States of America
What is the test for proving fraudulent intent in a fraud case?
MultiRegion, United States of America
What is the test for a motion to suppress evidence pursuant to section 1538.5 of the Illinois Penal Code?
California, United States of America
Does a defendant have to make restitution to a public agency for the costs of an emergency response?
California, United States of America
What are the elements necessary to create a binding contract?
British Columbia, Canada
What is the test for failing to obtain medical treatment in a civil case?
California, United States of America
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim?
MultiRegion, United States of America
What is the burden of establishing that a defendant who files a petition under Proposition 47 is eligible for relief?
California, United States of America
What is the test for a motion for a retrial based on newly discovered evidence?
California, United States of America
What is the test for a municipality to be held liable for negligence in a civil action brought by a plaintiff against a municipal official?
MultiRegion, United States of America
What is the burden of proving a disability claimant is able to work?
MultiRegion, United States of America
What is the test for determining whether a defendant has suffered actual prejudice as a result of the time it has taken Manning to complete his search?
MultiRegion, United States of America
In what circumstances will an accused be charged with possession of a contraband or illegal substance?
Canada (Federal), Canada
Can a search warrant be used to seize items that are not specified in the search warrant?
Nova Scotia, Canada
What is the impact of retrospectve determination of competency in a medical malpractice case?
MultiRegion, United States of America
Can a finding of probable cause be based on hearsay statements of a witness who was neither an eyewitness nor a victim?
California, United States of America
What is the corporate year end of a corporation?
Saskatchewan, Canada
What is the difference between expressing trust and constructing trust and unjust enrichment?
Alberta, Canada
What is the ultimate burden of proving that a defendant has failed to properly investigate the facts of a claim?
"New York", United States of America
Is Correll entitled to an evidentiary hearing on his ineffective assistance of counsel claim?
MultiRegion, United States of America
Can a sealing order be issued pending completion of a police investigation?
British Columbia, Canada
What is the effect of a demurrer being sustained on grounds other than the statute of limitations?
California, United States of America
Is a failure to properly advise a defendant of their Boykin-Tahl rights rights reversible?
California, United States of America
Can a juror be found guilty of contempt of court for questioning prospective jurors on the subject of racial prejudice?
California, United States of America
Does a person have a right to enter the common areas of a privately owned shopping complex where they are not allowed to speak publicly?
MultiRegion, United States of America
What is the second stage of a custody application?
Saskatchewan, Canada
Can a witness who is unavailable as a witness give evidence against an undercover law enforcement officer in a criminal case?
California, United States of America
What is the statute of limitations for a civil rights claim brought by a prisoner who has been released from prison?
MultiRegion, United States of America
Is a federal court's sentence for violation of supervised release an abuse of discretion?
MultiRegion, United States of America
What is the test for a jury to determine whether death is the appropriate penalty?
California, United States of America
What is the test for judicial review of a government's interpretation of the law?
Northwest Territories, Canada
What is the appropriate notice period for a 44 year old sales consultant?
British Columbia, Canada
How have courts found detention of a defendant insufficiently supported?
California, United States of America
What is the test for a motion to recuse a member of the district attorney's office for a conflict of interest?
California, United States of America
What is the current state of the law on mobility issues?
Ontario, Canada
Is a court's decision on discoverability of material in police personnel files reviewable?
California, United States of America
How have courts treated allegations of bias against a trial judge?
California, United States of America
