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 standard of review in a personal injury action?
British Columbia, Canada
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code?
MultiRegion, United States of America
What is the current state of the law on chiropractic and massage treatment?
Ontario, Canada
What is the test for a motion to suppress evidence?
California, United States of America
What is the burden of supporting a motion by proof to argue that evidence recovered from an illegal wiretap was tainted?
California, United States of America
What is the test for establishing a testamentary capacity in a will?
British Columbia, Canada
What is the legal test for appeal from a final decision of a district judge in a habeas corpus proceeding?
MultiRegion, United States of America
What is the test for review of a court's decision to grant relief under section 473 for abuse of discretion?
California, United States of America
Does a plaintiff have the power to discontinue a personal injury action?
"New York", United States of America
How to quantify future loss of income?
British Columbia, Canada
What is the test for a "neutral and detached" magistrate under the Fourth Amendment?
California, United States of America
What is the test for ineffective assistance of counsel?
MultiRegion, United States of America
What are the principles applicable to an assessment of credibility?
British Columbia, Canada
What is the current state of the law on ineffectiveness claims?
California, United States of America
What is the legal framework for a claim for loss of future earning capacity?
British Columbia, Canada
Is a traffic stop permissible if the officer has probable cause to believe the driver committed a traffic violation?
"New York", United States of America
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer?
California, United States of America
What is the test for setting aside a finding of guilty under section 245 of the California Penal Code for assault on a peace officer or fireman?
California, United States of America
What are the elements of a tortfeasor's claim for damages for breach of contract?
California, United States of America
In what circumstances will the court overturn a finding of improper admission of evidence?
California, United States of America
What is the effect of section 664.6 of the California Code of Civil Procedure when it comes to limiting the scope of civil litigation?
California, United States of America
What is the effect of the District Court's instruction to the jury that arguments are not evidence?
MultiRegion, United States of America
Is there any case law where a defendant has been found guilty under section 352.2(1) of the California Civil Code of Civil Procedure for a prior assault?
California, United States of America
What is the test for a party to obtain a right to inspect a property?
Ontario, Canada
Is there a separate deductible for each accident?
Ontario, Canada
Does a defendant have to object to evidence that he said no when police asked him to enter his house during a visit?
California, United States of America
Does a district attorney's petition to extend appellant's commitment violate the September 19, 1980 plea bargain?
California, United States of America
What is the test for damages for loss of grief caused to the owner by the respondent in an unlawful seizure?
British Columbia, Canada
Does joint possession of a drug preclude a finding of possession with intent to distribute to a third person?
MultiRegion, United States of America
What is the test for determining whether a plaintiff is a victim of a tortfeasor in a motor vehicle accident?
MultiRegion, United States of America
What is the test for sufficiency of the evidence in a sexual assault case?
California, United States of America
What is the test for abuse of discretion in a review of an administrative order?
California, United States of America
In what circumstances will a defendant be found guilty of driving his accomplice to the scene of a drive-by shooting?
California, United States of America
Is a debt that arises out of deceitful conduct or fraudulent conduct surviving bankruptcy?
British Columbia, Canada
Is a duty of disclosure binding on me?
Ontario, Canada
Is a defendant's mental or physical condition a mitigating factor in sentencing?
California, United States of America
Does a prosecutor's comment that "any experienced defense attorney can twist a little, poke little, try to get you to buy something" constitute a personal attack on defense counsel's integrity?
California, United States of America
What are some examples of brain injury cases that have been decided at trial level?
Ontario, Canada
What is the test for determining whether a delegation provision in a contract is procedurally unconscionable?
MultiRegion, United States of America
What is the legal test for giving weight to hearsay evidence?
Nova Scotia, Canada
Is a defendant entitled to instruction on a theory of defense?
MultiRegion, United States of America
Is a complaint "negatived" consent?
Ontario, Canada
Can a prison officer be found guilty of deliberate indifference to the health or safety of an inmate?
MultiRegion, United States of America
What is the limitation of a defendant's right to possess a firearm under section 1203.1 of the California Penal Code?
California, United States of America
What is the test for compelled testimony in a criminal case?
California, United States of America
What is the test for a fiduciary obligation on a beneficiary in a personal injury relationship?
Ontario, Canada
What is the character of maintenance payments made by the Respondent in 1997?
Canada (Federal), Canada
What is the test for a petitioner to have a motion for review of two separate motions?
MultiRegion, United States of America
Does the prosecution violate the corpus delicti rule by relying exclusively on the extrajudicial statements of an appellant?
California, United States of America
What is the current state of the law on supervised parenting?
Nova Scotia, Canada
Does the California Real Estate Commissioner have authority to revoke a real estate broker's license?
California, United States of America
What is the substantial evidence standard of review required for an attempted murder?
California, United States of America
What is the exclusionary rule in the context of search warrants?
California, United States of America
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case?
MultiRegion, United States of America
Does a new constitutional rule of criminal procedure apply to cases which have been decided by the Supreme Court?
MultiRegion, United States of America
How have the courts treated chronic pain as an insignificant cause?
British Columbia, Canada
Is a plaintiff entitled to amend or amend the entire action against all defendants?
MultiRegion, United States of America
What is the current state of the law on the right of search warrant for the detention of an individual in a vehicle?
California, United States of America
Does a conviction or sentence on appeal under Section 2255 of the Criminal Code provide a basis for relief under the Civil Code 2255?
MultiRegion, United States of America
What are the elements of a criminal gang's primary activities?
California, United States of America
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property?
Alberta, Canada
Can a person serving a felony sentence for a crime that would now be a misdemeanor appeal their sentence?
California, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
What constitutes a crime of burglary?
California, United States of America
How is insufficient evidence determined in a criminal case?
California, United States of America
Is an attorney who enters into a business transaction with his clients in writing to advise them to seek the advice of an independent lawyer of the client's choice?
California, United States of America
Does the undersigned find that petitioner has not made a non-frivolous showing that he had a severe mental impairment during the filing period that prevented him from filing a federal habeas petition?
MultiRegion, United States of America
What is the test for failing to disclose material risks or special or unusual risks?
British Columbia, Canada
Is a denial of a discovery motion cognizable on appeal following a guilty or no contest plea?
California, United States of America
What constitutes misconduct by a federal prosecutor in a civil case?
California, United States of America
What is the statute of limitations for a federal habeas corpus petition?
MultiRegion, United States of America
What is the standard of review for appeal against a finding of not guilty?
British Columbia, Canada
What is the test for making a 911 call about a potential shooting?
"New York", United States of America
What is the current state of the law at the BC's sexual assault tribunal?
British Columbia, Canada
What is the test for establishing that a defendant is guilty beyond a reasonable doubt?
California, United States of America
What is the test for a defense based on the amount of marijuana petitioner possessed at the time of his arrest?
MultiRegion, United States of America
Does cross-examination need to include contradictory evidence?
Ontario, Canada
Does a city official charged with administering a nuisance abatement program have immunity from prosecution if they bar a contractor from entering into the contract?
California, United States of America
In what circumstances will a motorcyclist be held at fault for a collision with a pickup truck?
British Columbia, Canada
What is the standard of review for violations of the right to interpreter?
California, United States of America
What is the sentence given to a defendant for violating his parole?
California, United States of America
What is the test for placing a child in the care of a social worker?
New Brunswick, Canada
Does a defendant have been found guilty under a written order for at least 19 times since 1997?
Canada (Federal), Canada
What is the effect of revocation of probation on a guilty plea?
California, United States of America
What is the test for a finding that there has been inordinate and unjustified delay in terminating an action?
British Columbia, Canada
Does a defendant have the right to a pretrial examination of his own statements in the hands of the prosecution?
"New York", United States of America
What is the standard of review for errors by the Master?
Ontario, Canada
When will an administrator be removed because they are not acting in the best interests of the estate?
British Columbia, Canada
Is remedial in the context of workers’ compensation legislation?
Alberta, Canada
What is the test for punishment in a motor vehicle accident?
Newfoundland and Labrador, Canada
Does a judge have absolute immunity from liability for damages for acts performed in their judicial capacity?
California, United States of America
What is the test for overturning a conviction for prosecutorial misconduct?
California, United States of America
What is the test for assessing loss of future earning capacity?
British Columbia, Canada
In what circumstances will a determinate sentence law retroactively apply to a defendant who was previously sentenced under the old law?
California, United States of America
What is the test for credibility of evidence in a sexual assault case?
California, United States of America
Does Floyd have a reasonable suspicion to justify an investigatory stop?
MultiRegion, United States of America
Is a document that states, "I agree to charge" and "on demand to execute the proper mortgages of the said land to carry out this agreement"?
British Columbia, Canada
Is denial of outdoor exercise for extended periods of time an objectively serious deprivation under the Eighth Amendment?
MultiRegion, United States of America
How is the quantification of the loss flowing from depletion of sick leave benefits?
British Columbia, Canada
What is the test for dismissing a motion to dismiss a state prisoner's federal habeas application?
MultiRegion, United States of America
What is the test for grossed-up dividend income in an income tax return?
Manitoba, Canada
What is the test for a judge to depart from another judge's judgment?
British Columbia, Canada
Is an instruction error harmless beyond a reasonable doubt?
California, United States of America
What is the test for a reversal of a finding that a defendant waived his right to a jury trial?
California, United States of America
What are the implications of the Attorney-General's demand for the apportionment of property values between land and buildings?
"New York", United States of America
Is a prosecutor entitled to remind the jury of the fact that a witness has been convicted of perjury?
MultiRegion, United States of America
What is the prima facie case for second-degree manslaughter?
"New York", United States of America
Does the illegibility of exhibits 19 and 20 in a criminal case affect their authentication under section 352 of the Criminal Code?
California, United States of America
In what circumstances will the courts find that a claim against Guaranty Trust Co. of Canada is invalid?
British Columbia, Canada
What is the test for determining whether a person who moves with intent to injure is more than incidental to the underlying offense?
California, United States of America
Is there any case law where a defendant's physical condition made him vulnerable to coercion?
California, United States of America
In a civil case, in what circumstances was a transcript admissible under California Evidence Code?
California, United States of America
What is the test for the interpretation of ER 845 of the Penal Reform Act?
Saskatchewan, Canada
What is the test for professional misconduct under the BC Professional Conduct Guidelines?
British Columbia, Canada
Does a probation officer have to pay a probation supervision fee?
California, United States of America
What is the test for requiring an employee to waive their privilege against self-incrimination?
MultiRegion, United States of America
What is the state of the law on the application of a defendant's appointed attorney at the Court of Appeal?
California, United States of America
What is the full text of the Court of Appeal's opinion on a personal injury policy?
California, United States of America
What is the first step to wind up a company?
British Columbia, Canada
Is a defendant entitled to an evidentiary hearing on the issue of juror misconduct?
California, United States of America
What are the conditions of probation imposed by the juvenile court?
California, United States of America
What is the proper inquiry into the intrusion into the driveway of a residential residence by a police officer?
MultiRegion, United States of America
Can a grievance be argued as a discrimination issue?
Canada (Federal), Canada
Can individual plaintiffs bring a claim alleging a breach of fiduciary duty for their own benefit?
MultiRegion, United States of America
What are the principles applicable to the assessment of damages for loss of earning capacity?
British Columbia, 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 relevant part of an opinion from the Court of Appeal affirming defendant's conviction for sexual assault?
California, United States of America
What is the test on appeal to sustain a finding that the prosecution has proven all elements of the enhancement?
California, United States of America
When will a pro per litigant be held to the same procedural rules as an attorney?
California, United States of America
What is the test for res judicata?
California, United States of America
Is an accused denied the opportunity to make a full answer and defence if he is precluded from relying on either general reputation or specific sexual encounters?
Alberta, Canada
Is there a penalty in cessation of CORe payments?
Ontario, Canada
What is the test for determining whether a defendant is responsible for a plaintiff’s mental health disorder?
British Columbia, Canada
What relation does an attorney for a party to a divorce case have in the subject matter of the action?
California, United States of America
What is the test for "beyond reasonable doubt" when it comes to determining whether a state court's decision to grant relief to a plaintiff in a civil case?
MultiRegion, United States of America
What if a matter has been listed for trial through error or inadvertence?
Ontario, Canada
What are some cases where an inmate has been convicted of attempted murder?
Nova Scotia, Canada
What is probable cause and what is the test?
California, United States of America
What are the consequences of a request for attorney's fees on appeal?
MultiRegion, United States of America
What is an undertaking and what is the liability of a "police officer" in an action brought against a defendant?
California, United States of America
Is a derivative action against a closely held corporation enforceable?
MultiRegion, United States of America
How does the court determine the adequacy of evidence in a case?
California, United States of America
Is a husband entitled to costs in a personal injury action against his wife?
British Columbia, Canada
What is the test for ordering a state prisoner to pay the cost of his attorney's fees under section 987.8 of the California Penal Code?
California, United States of America
Is the unauthorized presence of an alternate juror during jury deliberations reversible error?
California, United States of America
What is the standard of review for a motion for judgment on the pleadings?
California, United States of America
Whether juror misconduct has occurred is a legal question we review independently?
California, United States of America
Does a defendant have to prove that a prior felony DUI conviction was not a "prior" to the current violation?
California, United States of America
How have courts considered applications in the context of an intended class proceeding against Canada?
British Columbia, Canada
Does Respondent have forfeited his claim that defendant has a right to a jury trial through failure to object?
California, United States of America
How is the court likely to set lump sum costs under Rule 14 of the Rules of Civil Procedure?
British Columbia, Canada
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence?
California, United States of America
What is the evidence supporting appellant's claim that her Fifth Amendment privilege does not waiver?
MultiRegion, United States of America
Can the officers of a church acquire land for use as collateral for a mortgage?
Alberta, Canada
Is there an obligation on an adult child to contribute towards their education if they are unable to work full-time?
Alberta, Canada
Can an Indian Reserve be created within a municipality?
Saskatchewan, Canada
Can costs be awarded for or against an administrative tribunal in a judicial review?
British Columbia, Canada
What is the standard of review for a challenge to the sufficiency of the evidence in a burglary case?
California, United States of America
What is the test for defamatory language in a defamation case?
British Columbia, Canada
What is the burden of proof at which a plaintiff must prove they have committed a crime by a preponderance of the evidence?
California, United States of America
What are some cases involving a joint bank and investment account where only one of the account holders deposited funds into the account?
Prince Edward Island, Canada
When will the Court require an independent review of the moving and opposing papers?
California, United States of America
What is the current state of the law on recognition of the authority of the Court of Appeal?
British Columbia, Canada
What is the test for a motion to suppress evidence in a case where a defendant pleaded guilty to possessing a deadly weapon with the intent of assault?
California, United States of America
What rights does an inmate have at a disciplinary hearing for loss of good time credits?
MultiRegion, United States of America
What is the test for an allegation of imminent danger under Section 1915(g)?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of attempted sexual assault?
California, United States of America
What is the statute of limitations on habeas corpus petitions filed by state prisoners in federal courts?
MultiRegion, United States of America
What is the burden on a defendant to produce a statement of defence?
Canada (Federal), Canada
What is the test for harmless error in the formulation of jury instructions in a civil trial?
MultiRegion, United States of America
What is the case law in the US in favour of same-sex marriage?
British Columbia, Canada
What is the effect of a material change in circumstances at the time of child support arrears accumulated?
Ontario, Canada
What is the standard for a failure to train an employee?
MultiRegion, United States of America
How have courts interpreted the doctrine of concealment of evidence in a sexual assault case?
California, United States of America
When will the California Medical Board of Health and Social Services deny a claim for medical malpractice?
California, United States of America
What is the test for reversal of a finding of guilty in a civil case?
California, United States of America
What is the test for reasonable suspicion to justify the stop of a truck full of illegal drugs by police?
MultiRegion, United States of America
What is the test for an instruction on aiding and abetting involuntary manslaughter?
California, United States of America
What is the test for determining whether the death penalty is disproportionate as applied in this case?
California, United States of America
What is the test for establishing that a second or successive bar divests jurisdiction to hear the merits of a claim at the Superior Court of Justice?
MultiRegion, United States of America
Can a federal court review claims in a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the test for obtaining a certificate of probable cause in a criminal case?
California, United States of America
What is the scope of review under the APA?
MultiRegion, United States of America
Does a plaintiff have to exhaust all the remedies available in the state courts to obtain a permit to proceed in the federal court?
MultiRegion, United States of America
In what circumstances will a defendant be allowed to appeal his classification as a juvenile delinquent?
MultiRegion, United States of America
What factors must a court consider in its consideration of a spousal support application?
Northwest Territories, Canada
In what circumstances will a juror be found to have made reference to the existence of a black judge?
California, United States of America
What is the impact of the pandemic on the income imputation of a party's income?
Ontario, Canada
Can a court of appeal alter a non-pecuniary loss award made at trial?
Nova Scotia, Canada
What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment?
British Columbia, Canada
Does section 924(c)(1) of the Criminal Code apply to a defendant who uses or carries a firearm during and in relation to any crime of violence or drug trafficking crime?
MultiRegion, United States of America
What is the test for outrageous conduct in a civil case?
California, United States of America
What is the test for unjust enrichment in the law of constructive trust?
Yukon, Canada
Does the Defendant's assertion that defense counsel provided constitutionally deficient assistance by failing to object to the trial court's procedure in the context of a criminal case?
California, United States of America
Can a prosecutor make false or unsubstantiated accusations that counsel is fabricating or deceiving the jury?
California, United States of America
What is the test applied by the court on an application seeking to change the order of a chambers judge?
British Columbia, Canada
What is the law around timely notice in a personal injury claim?
California, United States of America
How have the courts dealt with the Charter RFJ?
British Columbia, Canada
When a pedestrian enters a busy intersection, does she have a right of way?
British Columbia, Canada
What evidence supports a finding that appellant intentionally relinquished the right to a third party in order to avoid paying alimony?
California, United States of America
