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.
Does the exclusionary rule apply to evidence obtained as a direct result of an illegal search or seizure?
California, United States of America
What is the current state of the law on inspections and maintenance of an occupier’s agent's property?
Ontario, Canada
Can an agreement be overborne where the economic positions of the parties have altered and the terms of the agreement have become unfair?
Manitoba, Canada
Is there any case law that supports a defendant's argument that a district attorney does not act judicially when charging with murder?
California, United States of America
What are the necessary elements of a fraud claim?
California, United States of America
Does an accomplice have to be liable for the actions of their accomplices?
California, United States of America
Is counsel ineffective in advising a defendant not to testify in their opening statement?
California, United States of America
Is a person who aids and abetts a crime even if someone else committed some or all of the crimes?
California, United States of America
What is the impact of a Contractor's (CBA) obligation to provide life-long disability benefits to each spouse and dependent spouse?
MultiRegion, United States of America
Can a plea of guilty be withdrawn and a not guilty plea substituted?
California, United States of America
How have instructions been interpreted by juries in a personal injury trial?
California, United States of America
How have the courts reviewed the record for potential error?
California, United States of America
What are the elements of a pleading in a motion for an invasion of a separate primary right?
California, United States of America
What is the test for an attempted murder?
California, United States of America
What is a "clearly established right" in civil law?
MultiRegion, United States of America
What is the test for determining whether a plaintiff was expected to participate in an office softball game?
California, United States of America
Is a client's communication with an attorney privileged?
MultiRegion, United States of America
What is the test for dismissing an appeal under s. 613(1) (b)(iii) of the Criminal Code of Canada for the error of a judge at the Court of Appeal?
Saskatchewan, Canada
When will a superior court review a motion pursuant to section 995?
California, United States of America
What decisions have been made in the context of a construction contract dispute?
Alberta, Canada
In what circumstances will the exclusionary rule be applied in a civil matter?
California, United States of America
Is there any case law supporting the argument that joint tortfeasors exist?
British Columbia, Canada
How have courts interpreted the meaning of the phrase "the government offers a subsidy with conditions"?
MultiRegion, United States of America
What is the legal test for the purposes of the Court of Appeal to review the decision of a Corrections Canada warden to grant a conditional discharge?
Ontario, Canada
What are the implications of the California Supreme Court ruling that a crematorium can refuse to comply with a mandate issued by the California Board of Directors?
California, United States of America
What are the labels 'specific intent' and 'general intent' used to describe the crime of selling a dangerous drug?
California, United States of America
Does the written forbearance agreement need to be integrated with the writing forbearance?
California, United States of America
What is the test for limiting the class of potential plaintiffs in a personal injury action where there are no putative spouses?
California, United States of America
Are communications between counsel and claimant's lawyer privileged?
British Columbia, Canada
What is the current state of the law on retroactive child support for A.C. and K.C?
British Columbia, Canada
What is the test for a police officer responding to a domestic violence report to enter a vehicle?
California, United States of America
Can a member of the panel cross-examine the witness?
Canada (Federal), Canada
Whether a criminal defendant has waived his right to appeal?
MultiRegion, United States of America
Can a jury be persuaded into reaching a verdict by using language that refers to "conscientiously held doubts" in a jury trial?
MultiRegion, United States of America
In what circumstances will a trial judge order a spousal order under s. 15.2(4) of the Divorce Act?
British Columbia, Canada
What is the legal test for overturning a driving prohibition against a Superintendent of Motor Vehicles?
British Columbia, Canada
What is the test for waiving a right to arbitrate?
California, United States of America
What is the legal test for disqualification of an attorney?
California, United States of America
What is the legal test for instructing a jury on an aiding and abetting liability theory?
California, United States of America
What is the test for using or carrying a firearm under section 924(c)(1) of the Criminal Code?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel on a habeas petition?
MultiRegion, United States of America
Can a plaintiff bring an action to fix with liability as a member of a firm against whom the judgment had been recovered?
Ontario, Canada
How will a defendant be held strictly liable in a personal injury action?
California, United States of America
What is the test for adding a witness psychiatrist as a party to an application to add him as a witness?
British Columbia, Canada
Can a witness advocate influence the jury in a trial for rape?
California, United States of America
Is a right of way reserved to the public for the purpose of obtaining access to a mine and quarry?
"New York", United States of America
Is there any other means of access to the Marina Strip that would have required trespassing over other Friday Harbour land?
Ontario, Canada
How have courts treated cases involving young defendants with severe intellectual deficiency in the context of mental health issues?
California, United States of America
In what circumstances will a jury interpret or interpret a prosecutor's comment about self-defense?
California, United States of America
What is the test for an accomplice to murder?
California, United States of America
What is the current state of the law on fiduciary discretion in a personal injury relationship?
Ontario, Canada
Is possession alone sufficient to sustain a conviction for possession of property stolen in a burglary?
California, United States of America
What is the effect of a finding of error in principle in sentencing a defendant to a new trial?
Canada (Federal), Canada
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary?
Ontario, Canada
Is Defendant's conviction for assault with a firearm affirmed?
California, United States of America
What is the test for reducing a qualifying felony to a misdemeanor?
California, United States of America
In a development agreement, is arbitration an appropriate mechanism for resolving disputes between the developer and the developer?
Newfoundland and Labrador, Canada
Is there a general rule that photocopying fees or long distance charges will not be recoverable in small claims cases?
British Columbia, Canada
What is the value of a psychiatrist’s opinion?
Saskatchewan, Canada
What is the state's obligation to provide medical care for prisoners?
MultiRegion, United States of America
What is the test for putting a plaintiff in a better position than their original position?
British Columbia, Canada
In the context of the Capital Tax Regulation, what are the implications of the Federal and provincial interpretation bulletins?
Ontario, Canada
What is the test for summary judgment in a civil case?
Alberta, Canada
Is a police officer's conduct in ordering a passenger out of a car without license plates reasonable?
California, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
What is the test for the Eighth Amendment analysis in medical malpractice cases?
California, United States of America
Is assault with a deadly weapon a lesser included crime?
California, United States of America
What is the test for insufficiency of evidence in a motor vehicle case?
California, United States of America
What are the implications of s. 276(1) and (2) of the Criminal Code of Canada for the purpose of establishing proceedings “in respect of” a listed offence?
Ontario, Canada
What is the current state of the law in respect of "punishment for the vicious will"?
"New York", United States of America
What is the test for looking to the right side of the road to determine if a pedestrian has been struck by a passing motor vehicle?
Saskatchewan, Canada
Can a child be considered a child of the marriage if the child is taking a break from education to support her education?
British Columbia, Canada
Can a diocese be found in breach of fiduciary duty when an assistant priest engaged in sexual relations with a parishioner while counselling and advising her on personal matters?
British Columbia, Canada
Does a "under advisement" order need to be considered a final act?
federal, United States of America
What is the current state of the law on the authority of a treating physician's opinion?
MultiRegion, United States of America
In assessing the credibility of an author, is the author’s credibility of the author?
British Columbia, Canada
What is the impact of the amendment to the law making it mandatory that a finding of past discrimination be made in the committee report?
MultiRegion, United States of America
Is there any case law supporting a finding that a union discriminated against an applicant because of their disability?
Ontario, Canada
Does Section 459 of the Penal Code extend to some misdemeanor theft crimes?
California, United States of America
Is issue estoppel enforceable?
Ontario, Canada
What is the content of custom in the context of band elections?
Canada (Federal), Canada
Does the failure to administer the proper voir dire oath to the venire invalidate the entire trial?
MultiRegion, United States of America
What is the testator's position when it comes to the distribution of a testator’s shares in a will?
Ontario, Canada
Does the jury have to have been able to determine which act or act constituted the crime?
California, United States of America
What is the test for proportionality and reasonableness when determining the cost of a project?
Ontario, Canada
How has the number 12 been associated with trial by jury?
"New York", United States of America
What is the test to vary a child support order?
British Columbia, Canada
What is the test for evidence of mental impairment in a criminal case?
California, United States of America
What is the test for determining whether a plaintiff acted unreasonably in not following the recommended treatment?
British Columbia, Canada
Can a defendant receive a concurrent or consecutive sentence for a single act or omission?
California, United States of America
What is the basis for a claim against appellant as a representative of non-appealing defendants in a property transaction?
California, United States of America
Are there any cases where a prosecutor's comments to the jury were declared not to be misconduct?
California, United States of America
Does the term "an alien who is removable" need to be interpreted as "removable"?
MultiRegion, United States of America
What is the test for the absence of juristic reason for enrichment?
British Columbia, Canada
Does a court have jurisdiction to hear a habeas corpus petition?
MultiRegion, United States of America
Does the court have to substitute the credibility of a witness with that of the fact finder?
California, United States of America
What is the test for a shareholder to sue a corporation for personal losses?
Alberta, Canada
Is detention for the purpose of preventing future crime a punishment?
MultiRegion, United States of America
Does a defendant need to be advised of the minimum portion of the sentence that will have to be served in custody when they plead guilty to a similar charge?
California, United States of America
What is the probable cause of search for methamphetamine and marijuana in a Tahoe?
California, United States of America
What is the test for giving a jury a "consciousness of guilt" instruction in a criminal case?
California, United States of America
What is the relevant case law in the context of a reversal of conviction for sexual assault?
California, United States of America
What is the test for assault with a deadly weapon?
California, United States of America
What is the standard of review for the legal correctness of an instruction?
California, United States of America
What is the test for a jury to convict a person of voluntary manslaughter?
California, United States of America
What is the test for setting aside a discretionary decision in a personal injury case?
Alberta, Canada
What is the test for withdrawing a student from a university?
Ontario, Canada
Does a quitclaim deed under section 548 of the New York State Code of Civil Procedure apply to the purchase and sale of a house?
federal, United States of America
Is negligent misrepresentation a common law class action?
California, United States of America
In what circumstances will a plaintiff be held liable in negligence in a motor vehicle accident?
British Columbia, Canada
Is there a direct right of action against the tortfeasor?
Prince Edward Island, Canada
What is the evidentiary burden placed on plaintiffs at the certification stage of a class action?
Ontario, Canada
Can a CAIPS note be admitted as an exhibit in a decision under review?
Canada (Federal), Canada
What is the test for admissibility of a confession in a criminal case?
California, United States of America
What is the test for admitting evidence of abuse of discretion?
California, United States of America
What is the result of a motion to change custody of a child with mental health issues?
Ontario, Canada
What is the test for a defendant in a condemnation action to establish their interest in the condemned property by way of answer?
California, United States of America
Are there any new causes of action (i.e. wrongful foreclosure, tortious interference with contract and violation of civil code section 1788.17)?
California, United States of America
What is the test for using a capital asset approach?
British Columbia, Canada
What is the test for having a mental capacity to participate in litigation?
Ontario, Canada
Can a highway patrolman be awarded an additional salary that was allowed by the trial judge?
California, United States of America
What is the meaning of "actual direct compensatory damages" or "lost profits"?
MultiRegion, United States of America
What is the totality of the evidence against defendant in his possession of a controlled substance?
California, United States of America
Is a minor's adjudication of a misdemeanor battery a crime of moral turpitude?
California, United States of America
In what circumstances will issue estoppel?
British Columbia, Canada
What role does a lawyer have in a search?
MultiRegion, United States of America
What are the implications of the Attorney General’s position on constitutional pronouncements?
British Columbia, Canada
Is there a distinction between completed murder and attempted murder?
California, United States of America
What is the test used to determine whether a confession is voluntary?
California, United States of America
What is the test for varied consent orders in the context of the Divorce Act?
New Brunswick, Canada
Can an employer be found guilty of intentional infliction of emotional distress?
"New York", United States of America
What is the impact of immigration history on a marriage determination?
Canada (Federal), Canada
Can solitary confinement be considered a form of cruel and unusual punishment?
"New York", United States of America
What is the test for approval of a settlement in a class action?
Ontario, Canada
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for reviewing a federal court's approval of a class action settlement?
MultiRegion, United States of America
In what circumstances will the attorney general not be able to call the witnesses he relied on to persuade him to change his mind?
MultiRegion, United States of America
What is the test for credibility of a plaintiff in a civil case?
British Columbia, Canada
What is the effect of admitting evidence that an appellant possessed a gun with intent to promote, further or assist gang members' criminal conduct?
California, United States of America
Is the standard of review for applying the Guidelines for Application of the Guidelines "de novo or abuse of abuse of power"?
MultiRegion, United States of America
What is the test for determining whether a word "shall" is to be construed as mandatory?
California, United States of America
What is the test for a certificate of probable cause in a civil case?
California, United States of America
Is character evidence admissible in a criminal case?
California, United States of America
What are the implications of a reversal by the Court of Appeal?
California, United States of America
What is the corpus delicti rule in law and what is the effect of extrajudicial statements?
California, United States of America
What is the test for establishing consent to search?
California, United States of America
Can a jury object to a prosecutor's closing remarks?
California, United States of America
What are the legal tests for late jury notice in a personal injury action?
Ontario, Canada
What is the meaning of the word "minerals" in the context of mining legislation?
British Columbia, Canada
What is the test for forfeiture under the California Standards of Review when a defendant causes a witness to be unavailable to testify?
California, United States of America
What is the gap between a defendant and his co-defendant in a civil action?
British Columbia, Canada
What is the test for setting aside a judgment of conviction of aiding and abetting first degree felony murder?
California, United States of America
What is the test for curial deference?
British Columbia, Canada
Does the fact that some of the evidence used in the calculation of damages in a personal injury case have to be inadmissible or incompetent?
California, United States of America
Does appellant waive his right to object to impeach his credibility by testifying himself about a guilty plea to a state court drug charge?
MultiRegion, United States of America
What is the test for establishing the identity of a witness in a civil case?
California, United States of America
What is the test for awarding attorneys' fees and expenses to the prevailing party?
MultiRegion, United States of America
What is the test for abuse of discretion in a motion for additional discovery?
MultiRegion, United States of America
What is the test for providing the "necessaries of life" in a residential care home?
British Columbia, Canada
Does Section 2(i) of the Federal Trade Commission Act apply retroactively?
MultiRegion, United States of America
What is the standard of review for an administrative decision-maker exercising statutory discretion?
Canada (Federal), Canada
Can a defendant be held criminally responsible as an accomplice as a result of a crime he or she intended to aid and abet?
California, United States of America
What is the test for a person to be charged with membership of a criminal gang?
California, United States of America
Does the fact that an individual may have acted under duress absolve them of complicity in crimes against humanity?
Canada (Federal), Canada
What is the test for establishing that evidence of a prior sexual assault is indisputably relevant in a prosecution for another sexual offence?
California, United States of America
What is the test for a decision not to dismiss an enhancement for abuse of the Three Strikes?
California, United States of America
What is the test for supervision of an administrative structure where the purpose of supervision is to balance the interests of parties against one another?
Nova Scotia, Canada
What is the current state of the law on administrative searches?
MultiRegion, United States of America
What is the test for a freedom of association claim?
MultiRegion, United States of America
What is the test for establishing reasonable and probable cause in a sexual assault case?
Nova Scotia, Canada
What is the effect of the Court of Appeal’s analysis of the case law in the context of criminal law in England and Wales?
Alberta, Canada
What is the effect of a stay of execution on a restructuring plan under the CCAA?
British Columbia, Canada
Can a decision of the Minister to resume a portion of land for highway purposes under a reservation contained in a Crown grant be reviewed?
British Columbia, Canada
Does a district court errs when it rejects proposed jury instructions that are properly supported by the law and the evidence?
MultiRegion, United States of America
What constitutes an undertaking by a fiduciary?
Ontario, Canada
What is the test for a motion to disqualify or recuse a judge based on financial interests of the judge's spouse?
MultiRegion, United States of America
How is apportioning liability between parties based on a degree of causation?
British Columbia, Canada
Can a multi-defendant class action be certified if there is no cause of action against each defendant?
Saskatchewan, Canada
How has the evidence been used to dissuade a witness?
California, United States of America
What is the test for making a search prior to an arrest?
"New York", United States of America
What is the current state of the law on privacy in the home?
"New York", United States of America
What is the test for reasonable suspicion in a vehicle search?
MultiRegion, United States of America
What is the test for setting aside a Secretary of State's statutory interpretation of a federal statute?
MultiRegion, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
What is the test for a permit to be issued by the US Environmental Protection Agency?
MultiRegion, United States of America
Does the answer to the jury in a sexual assault case need to be reduced to a limiting instruction like CALCRIM No. 375?
California, United States of America
How is a protective order reviewed for abuse of discretion?
California, United States of America
What is the test for loss of housekeeping capacity?
British Columbia, Canada
What is the current state of the law on forum non conveniens analysis?
Nova Scotia, Canada
Can a District Attorney bring a writ of prohibition against the District Attorney for failing to produce evidence before a grand jury?
"New York", United States of America
Does a tenant have to move back into the leased premises?
MultiRegion, United States of America
What is the test for determining whether a disabled person can perform "kinds of work" in the national economy?
MultiRegion, United States of America
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will?
Alberta, Canada
What is the quantum of damages for loss of enjoyment of life, loss of lifestyle, and loss of access?
British Columbia, Canada
What is the test for a Sixth Amendment challenge?
"New York", United States of America
What is the test for denying citizenship to an alien who has admitted a series of prior criminal convictions?
MultiRegion, United States of America
When determining the substance of a prior conviction, can the entire record of conviction be considered?
California, United States of America
What is the effect of reading a defendant's Miranda rights?
California, United States of America
In what circumstances will section 246 of the Criminal Code prohibit the discharge of a firearm within a motor vehicle by a person standing outside the periphery of the vehicle?
California, United States of America
What is the test for interpreting the meaning of a section of the California Civil Code that prohibits the use of personal injury insurance?
MultiRegion, United States of America
