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.
When will appellate counsel file a brief raising no issues and asking the record to independently review the record?
California, United States of America
What is the current definition of an accident and what is the effect of it?
California, United States of America
Can a probation condition that prohibits the possession of a controlled substance without the knowledge of a physician be modified?
California, United States of America
How have courts dealt with a motion to suppress a confession?
California, United States of America
Can a plaintiff amend their second amended complaint to correct the defects of the original complaint?
California, United States of America
How to apply Lord Denning's approach in a motor vehicle accident case?
Saskatchewan, Canada
In what circumstances will the value of the life of a 13-year-old boy be assessed for under the new Family Law Reform Act?
Ontario, Canada
What is the test for deciding whether evidence against evidence is prejudicial?
California, United States of America
What is the test for a motion to vacate a default and set aside a judgment?
California, United States of America
Does a statement of account need to start again?
"New York", United States of America
What is the intended meaning of section 11 and 12 of the Indian Registration Act?
British Columbia, Canada
Does the presumptive rule or its exception control the result of the trial of the accused at the Superior Court of Justice?
Ontario, Canada
What is the test for allowing or excluding abuse of discretion?
MultiRegion, United States of America
Can a landlord be held liable for discriminatory conduct by their tenants?
British Columbia, Canada
What constitutes professional negligence in the context of the duty of an attorney to prevent the seizure and recordation of a document held in escrow?
California, United States of America
Is there any case law relating to a preliminary evidentiary matter?
British Columbia, Canada
Does a support point need to include legal analysis to be waived?
California, United States of America
Does time need to be proven to prove an offence was committed on or about a named date?
California, United States of America
Can a defendant be found guilty of a charge of possession of cocaine knowingly?
MultiRegion, United States of America
What is the test for substantial evidence in the context of a search warrant application?
California, United States of America
What is the test for determining whether the police could have done more in the circumstances?
Ontario, Canada
Does the Court have substantial evidence that bad faith existed in the circumstances surrounding appellant's motion to file a cross-complaint?
California, United States of America
What is the test for a motion for a new trial based upon jury misconduct?
California, United States of America
Does the fact that a statute can be applied in situations not expressly anticipated by the Legislature demonstrate ambiguity?
California, United States of America
What is the range of damages for damages for defamatory communications?
Ontario, Canada
Can a criminal gang member be charged with a criminal conspiracy to commit a sexual assault on a minor?
California, United States of America
What is the test for excluding evidence that supports a Charter violation?
Ontario, Canada
What is the test for a motion to suppress evidence based upon a Miranda violation?
California, United States of America
Can a judge be recusal under section 455(a) of the Criminal Code where he or she owns a small percentage of shares in a crime victim?
MultiRegion, United States of America
What is the test for overturning an order by the Department of Justice?
MultiRegion, United States of America
Does trespass on a private driveway violate the Fourth Amendment?
MultiRegion, United States of America
Does the doctrine of fresh pursuit apply in the context of a motor vehicle accident?
California, United States of America
How have the courts interpreted Rule 21 in a mortgage action?
Ontario, Canada
Does a notice of application need to provide an insufficient legal basis?
British Columbia, Canada
Does a defendant have a right to cross-examine the confession of a co-defendant?
California, United States of America
Does a cause of action arise until damage has been sustained?
Ontario, Canada
What is the statute of limitation for misrepresentation and fraud?
MultiRegion, United States of America
Does a defendant need to have both knowledge and specific intent in order to be found guilty of assault?
California, United States of America
What is the test for a driver's duty of care to ensure that his passenger is wearing their seatbelts?
British Columbia, Canada
What is the effect of section 1170.18 of the California Criminal Code on a petition seeking relief for a prior felony conviction?
California, United States of America
What are the elements of an attempted crime?
California, United States of America
What is the test for establishing that a description of a parcel of land is sufficient?
California, United States of America
Does the adult child have to pay a third of the cost of post-secondary education costs?
Manitoba, Canada
Is it a violation of the First Amendment if a school official makes a disapproving comment about a student's education policy?
MultiRegion, United States of America
Is a search warrant issued after 6:00 p.m valid?
British Columbia, Canada
What are reasonable grounds surrounding the buildings?
British Columbia, Canada
What is the scope of a judicial review of the Department of Motor Vehicles?
California, United States of America
What is the statute of limitations applicable to the heirs of a minor who died as a result of medical malpractice?
California, United States of America
What is the test for determining who is to blame in a motor vehicle collision case?
British Columbia, Canada
What is the appropriate amount of income imputed to the child of a deceased father?
Ontario, Canada
Is an out-of-court statement that proves the truth of the matter considered hearsay?
California, United States of America
Is a child entitled to a student loan?
British Columbia, Canada
What evidence is required to prove a bank is federally insured?
MultiRegion, United States of America
What rights does appellate counsel have?
MultiRegion, United States of America
What is the test for negligence in a case where a pedestrian tripped and fell on crumbling concrete part of a roadway median?
British Columbia, Canada
What is the test for reviewing an opinion of a trial judge?
British Columbia, Canada
What are the reasons for a substantial disparity in treatment of those who did not stand trial in a civil case?
MultiRegion, United States of America
What is the test for a separation agreement allowing a mother to move with her young child?
Ontario, Canada
Is there any case law that supports the argument that identification of a crime scene prior to the crime scene is more accurate than later?
California, United States of America
What is the effect of Proposition 21 on appellant's criminal convictions?
California, United States of America
What is the test for a conviction for perverting the course of justice in a sexual assault case?
MultiRegion, United States of America
Can a defendant waive his right to appeal in exchange for a lower sentence?
MultiRegion, United States of America
What factors weigh against dismissal in a personal injury case?
MultiRegion, United States of America
What is the current state of the law on fraud based on a relationship between an employer and employee?
MultiRegion, United States of America
Is medical advice to an applicant for workers' compensation benefits sufficient to trigger the statute of limitations?
California, United States of America
Can Bougrine appeal a motion judge’s decision that found there is not jurisdiction to hear an appeal?
Ontario, Canada
What are the legal implications of section 969f of the California Criminal Code when a defendant is found guilty of perverting the course of justice?
California, United States of America
Does a defendant have to withdraw his guilty plea if the trial court cannot effectuate a plea agreement?
California, United States of America
In what circumstances will the Woods be successful in obtaining a decree against the trustees of a trust?
British Columbia, Canada
What factors weigh in defendant's favour when it comes to the gravity and nature of the crime?
California, United States of America
What is the current state of the law on exhaustion?
MultiRegion, United States of America
Can a defence of justification be used in a libel action?
British Columbia, Canada
Can rule 130(1) be invoked to support the addition of a new party defendant without a court order?
Saskatchewan, Canada
What are the implications of statutory construction in the context of medical malpractice cases?
California, United States of America
What objectives must be met when making an initial spousal support order under s. 15.2(6)?
British Columbia, Canada
What is the legal test for admitting evidence in a civil case?
California, United States of America
What is the test for assault with a deadly weapon?
California, United States of America
Does a "take-a-joke" comment by the police compel a confession to be inadmissible?
California, United States of America
Is there any authority for attorney's fees in claim and delivery?
California, United States of America
What is the test for a defendant's Sixth Amendment right to counsel in his second trial?
California, United States of America
What is the current state of the law in Ontario when it comes to determining the relevance of evidence in a trial?
California, United States of America
What is the test for an award for future care costs?
British Columbia, Canada
Is a defendant required to make a pretrial motion to prevent a motion of objection to the composition of the grand jury that returned the indictment against him being heard before trial or on appeal?
California, United States of America
What is the standard of review of a motion to suppress evidence?
California, United States of America
What factors are considered in determining whether an order of dismissal is an abuse of power?
MultiRegion, United States of America
Can a former employee claim for defamatory statements made by an employer after termination be excluded from a workers' compensation exclusion?
MultiRegion, United States of America
Can the Attorney General undertake an undercover investigation under section 1103(a) of the Criminal Code?
MultiRegion, United States of America
What is the evidence that supports the allegation of a criminal gang?
California, United States of America
What is a plaintiff's duty to mitigate their loss by demonstrating reasonable efforts to obtain alternate employment suitable to his employment experience and abilities?
Ontario, Canada
What is the test for reasonable doubt in a criminal case?
California, United States of America
What is the test for unjust enrichment in a restitutionary cause of action?
Saskatchewan, Canada
What is the effect of section 352 of the California Civil Code of Civil Procedure Guidelines on the exclusion of evidence in a personal injury case?
California, United States of America
Is there any case law where a defendant argued that the rule of lenity militates against a broader interpretation?
California, United States of America
What is the width of an easement and its likely intended use?
British Columbia, Canada
Is a defendant's knowledge that the gang's members engage in criminal activity inferable from the same evidence that shows their active participation in the gang?
California, United States of America
What is the test for finding that a claimant has been denied a disability benefits claim on permissible grounds?
MultiRegion, United States of America
Is there any case law relating to undue influence or undue influence?
British Columbia, Canada
Is there an obligation to fence property under the Trespass Act?
British Columbia, Canada
If an officer knocks and announces his presence at a house, or seeks consent to enter, does the homeowner have a right to refuse entry?
MultiRegion, United States of America
Can a judge reverse himself if he later concludes he was wrong?
California, United States of America
In what circumstances will occupation rent be employed in a family litigation?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
How have the courts in BC dealt with the division of assets between spouses in a long-term marriage?
British Columbia, Canada
What is the test for a motion to overturn an attempted premeditated murder conviction?
California, United States of America
What is the test for possession of property obtained by crime?
British Columbia, Canada
Can a jury draw any inference from a prosecution witness's refusal to testify under the Fifth Amendment?
"New York", United States of America
How have courts in England and Wales applied foreseeability of shock as a test in awarding damages for nervous shock?
Saskatchewan, Canada
Is there any case law where a prosecutor improperly appealed to the jury's sympathy for victim?
California, United States of America
What is the equitable remedy of a constructive trust?
British Columbia, Canada
What is the test for obtaining access to a juror's personal identifying information?
California, United States of America
How does the anti-SLAPP statute work?
California, United States of America
Is there any case law where a defendant has been successful in asserting that a plaintiff is a plaintiff in a civil case?
California, United States of America
In what circumstances will the trial court instruct the jury on the general principles of law in a criminal case?
California, United States of America
What is the evidence used to convict a defendant of possession and transportation of methamphetamine?
California, United States of America
Does the Attorney General have the authority to correct the error of a sentence imposed by a judge on a charge of assault with intent to pervert the course of justice?
California, United States of America
How have the courts interpreted jury instructions in cases involving sexual assault?
California, United States of America
How close is a jury's inability to reach a verdict on one of the 11 charges?
California, United States of America
Does article I, section 31 of the California Constitution bar affirmative action from being defined as "affirmative action"?
California, United States of America
What is the relevant time period when considering delay in a civil contempt proceeding?
British Columbia, Canada
Does the court defer to a qualified professional rather than a court-appointed professional?
MultiRegion, United States of America
In what circumstances will a deputy public defender refuse to answer questions from a supervising attorney?
California, United States of America
Is there any case law supporting a finding of misjoinder under Rule 8?
MultiRegion, United States of America
Is a defendant in a civil case entitled to appointed counsel on appeal as a matter of due process and equal protection?
California, United States of America
What is the effect of a roadblock on a motor vehicle?
MultiRegion, United States of America
Is attorney-client privilege enforceable?
California, United States of America
Is evidence of an uncharged crime admissible to prove identity, common design or plan, or intent?
California, United States of America
What is the test for overturning an order dismissing an action for failure to prosecute?
MultiRegion, United States of America
Is there a fiduciary relationship?
Ontario, Canada
Is a non-resident attorney exempt from service of process when he is not in court?
California, United States of America
What is the test for a plaintiff to prove that they have lost their employment as a result of a loss of income?
British Columbia, Canada
What is the test for a motion to suppress evidence?
MultiRegion, United States of America
What is the test for determining whether a plaintiff’s claim is based on her subjective complaints of injuries for which the normal recovery period has long passed?
British Columbia, Canada
Is a writ of appeal appropriate to review a discovery order that may undermine privilege?
California, United States of America
What is the test to determine whether a defendant has the ability to pay all or a portion of the cost of a lawyer appointed by the court?
California, United States of America
What consideration was given to her husband when he transferred his undivided share in the family residence?
Canada (Federal), Canada
How have courts dealt with sexual abuse allegations in the context of immigration issues?
MultiRegion, United States of America
What is the result of the second appeal of a 2010 Ministerial Order on the same issue?
Nova Scotia, Canada
Does a city need to designate the land it operates as a proprietary property?
California, United States of America
Is substitutional service required to obtain a foreign judgment?
British Columbia, Canada
What is the burden of overcoming presumption judgment?
California, United States of America
Does Section 654 of the California Code of Criminal Procedure preclude punishment for each sex crime committed during a continuous 45 to 60-to-60-minute attack?
California, United States of America
What is the difference between a promise and a contract?
Nova Scotia, Canada
Is an affidavit from a party’s lawyer appropriate to be submitted on a motion for summary judgment?
Ontario, Canada
Is a guarantor who signed a guarantee for a bank in the form of an agreement with the other guarantor of the bank, who subsequently defaults on the loan?
Ontario, Canada
Is the failure of one party to comply with the Family Code disclosure requirements a ground to set aside the judgment?
California, United States of America
Does a plaintiff have to amend or amend the complaint to remove a defendant from a motion for remand?
MultiRegion, United States of America
Is a lawyer's personal and professional life available to the jury in a personal injury case?
British Columbia, Canada
What is the statistical significance of a result that would have less than 5% probability of occurring by pure chance?
MultiRegion, United States of America
What is the test for denying a post-conviction habeas relief petition?
MultiRegion, United States of America
What is the test for an agreement between a plaintiff and a defendant not to sue?
California, United States of America
If there is any lingering doubt as to the need for a venue change in a penalty trial, what is the test for venue change?
California, United States of America
In what circumstances will subsection 252(4) of the Income Tax Code be allowed to exclude income tax payments made in 1994 and 1995?
Canada (Federal), Canada
Does the discovery rule apply to a plaintiff who has reason to discover the cause of action?
California, United States of America
Can a creditor commit a tort against a debtor and the damages resulting from the tort are set off against the original debt?
Alberta, Canada
What is the test for determining relevancy in a motion before a federal district court?
MultiRegion, United States of America
Does the term “street” encompass boulevards or sidewalks?
Alberta, Canada
What is the test on appeal for establishing that Prior 3 is a Serious Felony?
California, United States of America
Does a motion to dismiss a Relator's 8 cause of action allege wrongful termination in violation of public policy?
MultiRegion, United States of America
Does failure to give notice as soon as required bar recovery?
California, United States of America
What is the test for overturning a murder conviction?
California, United States of America
In a motion to reopen, which is based on ineffective assistance of counsel, does the petitioner have to prove that his previous attorney was ineffective in any way?
MultiRegion, United States of America
What are some of the most recent US Supreme Court decisions in which the Supreme Court has ruled in favour of same-sex marriage?
MultiRegion, United States of America
What authority does a landlord have to allow a police officer to enter a living room?
MultiRegion, United States of America
What is the test for unanimity in a jury trial where there are more than one crime?
California, United States of America
When will a downturn in the automobile industry affect the amount of spousal support awarded to the husband?
Ontario, Canada
What is the test for unanimous verdict in a criminal case?
California, United States of America
What are a number of federal and state constitutional provisions that prohibit the taking of private property for public use without just compensation?
California, United States of America
Is an examination for discovery required by way of videoconference rather than in person during COVID-19?
Ontario, Canada
Is there a right to one method of "bearing arms" over another?
MultiRegion, United States of America
In what circumstances will a court order that a song is a work of joint authorship?
British Columbia, Canada
What are the consequences of Proposition 7's increased penalties for first and second degree murder?
California, United States of America
How have the courts interpreted the "want of due diligence" provision in the Liner Negligence clause?
Nova Scotia, Canada
What is the test for unjust enrichment when a contract is unenforceable by law or equity?
Ontario, Canada
Does Section 31 of the California Code of Civil Procedure include race, ethnicity, and national origin?
California, United States of America
In what circumstances have the Bignolds been granted leave to bring a derivative action?
Alberta, Canada
What is the test for equal compensation in a motor vehicle accident?
MultiRegion, United States of America
How does the statute of limitations begin to run in a securities fraud case?
MultiRegion, United States of America
Can an examination on discovery be confidential?
Ontario, Canada
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights?
California, United States of America
What is the test for a plaintiff to establish a violation of the right of access to court?
MultiRegion, United States of America
Can a motion to suppress be denied by a federal court?
MultiRegion, United States of America
What is the test for termination of an employee on the basis of just cause?
British Columbia, Canada
What is the current state of the law in cases where unprotested evidence is a dominant part of the evidence?
California, United States of America
Can a constructive trust be claimed for a portion of the proceeds of sale of a property?
British Columbia, Canada
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony?
British Columbia, Canada
What is the definition of a "protected activity" under section 425.16(e) of the California Anti-SLAPP Act?
MultiRegion, United States of America
What is the test for a jury to determine whether the evidence is sufficient to convict a defendant of simple assault under Penal Code section 240 of the Penal Code?
California, United States of America
How have the courts interpreted probable cause in cases involving alcohol abuse?
California, United States of America
Does a directive or policy have the force of law because it lacks the essential features of a regulation?
British Columbia, Canada
When a defendant is convicted of a burglary, robbery and assault under section 654 of the California Criminal Code, what is the appropriate punishment?
California, United States of America
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt?
California, United States of America
What is the priority of a federal tax lien against a State Tax Lien created under State Law?
"New York", United States of America
Is a motion to quash an appeal on the basis that the order is interlocutory in nature?
Ontario, Canada
In what circumstances will the court grant a motion to suppress evidence in a civil case?
California, United States of America
Is there any case law where a member of the public has been allowed to enter the board room and substitute their judgment for that of the board?
California, United States of America
What is the test for determining whether a defendant was under the influence of drugs?
MultiRegion, United States of America
What is the test for equity to determine that no unfair advantage has been obtained in a transaction?
New Brunswick, Canada
In what circumstances will a common law partner be able to claim sole ownership of a property?
British Columbia, Canada
What is the burden of proving a crime against a defendant under section 7B1.1?
MultiRegion, United States of America
Does a judge have the same powers as a justice conducting a preliminary inquiry under Part XVIII of the Criminal Code?
Ontario, Canada
