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 scope of section 24(1) of the Charter and what is the test for this?
Ontario, Canada
What is the Hobbs Act crime of using violence in furtherance of extortion?
MultiRegion, United States of America
Does a payor spouse have an obligation to disclose their income on an ongoing basis?
British Columbia, Canada
Can provincial laws of general application indirectly regulate the federal management of Indian affairs?
Canada (Federal), Canada
What is the legal test for novation in an assumption agreement?
British Columbia, Canada
What is the legal test for unnecessary and wanton force under the Eighth Amendment?
MultiRegion, United States of America
In reviewing a motion to suppress, what is the state of the law on the interpretation of the affidavit?
California, United States of America
What is the test for damages for past and future loss of housekeeping capacity?
British Columbia, Canada
Can a guarantor be relied upon in a motor vehicle collision case?
New Brunswick, Canada
In what circumstances will a motion to dismiss an allegation of forgery be dismissed?
California, United States of America
Does a governmental entity have a role in determining whether to grant a motion for disclosure of confidential information?
California, United States of America
What rights does an appellant have under section 2625 of the Penal Code?
California, United States of America
Can a police officer stop a motorist for a traffic violation and search for outstanding warrants?
California, United States of America
In what circumstances will a former official be qualified for immunity from prosecution under section 5(f) of the Civil Rights Act?
MultiRegion, United States of America
What is the test for determining whether a release party is entitled to a reduction in the amount of consideration given to the release party?
California, United States of America
First, if any, does the Superior Court of California have jurisdiction to adjudicate the issue of paternity in the Juvenile Court?
California, United States of America
What is the ICBC obligation to make reasonable efforts in the aftermath of an accident?
British Columbia, Canada
What is the relevant consideration for a lump sum of spousal support awarded to a payor who has increased her income significantly after separation?
Alberta, Canada
Is a trial court required to follow an appellate court's directions?
California, United States of America
Can common law spouses receive housekeeping and child care services?
British Columbia, Canada
What is the test for determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the procedure for the trial court to determine outside the presence of the jury as to whether or not to hear evidence in a confession case?
California, United States of America
What is the test for driving under the influence of methamphetamine?
California, United States of America
What are the main reasons the Divisional Court of Justice has found that the Applicant and Respondent did not have a reasonable chance of success in their appeal?
Ontario, Canada
What is the test for resolution of an anti-SLAPP motion?
California, United States of America
What is the appropriate approach for determining future costs of medication for a plaintiff?
British Columbia, Canada
Does the Fourteenth Amendment protect a right to education?
MultiRegion, United States of America
Can a defendant raise preclusion in a motion to dismiss?
MultiRegion, United States of America
What is a jury's duty to instruct on general principles of law in a criminal case?
California, United States of America
What is the test for making a credible threat?
California, United States of America
What is the burden of proving a defendant's waiver of the Miranda rights?
California, United States of America
What constitutes concealment in medical malpractice cases?
California, United States of America
What is the test for specific performance of a property?
Ontario, Canada
Can a witness be cross-examined during cross-examination?
California, United States of America
Is there an invariable rule that a cell phone will connect to the closest tower to it?
New Brunswick, Canada
What is the test for a cause of action for negligence per se?
California, United States of America
What are the characteristics of a fiduciary relationship and how have the fiduciaries of a beneficiary ever acted on their behalf?
Ontario, Canada
Can a jury consider the fact of defendant's mental problems as a mitigating factor in the penalty phase?
California, United States of America
What is the test for reasonable diligence in determining that a witness is unavailable?
California, United States of America
What is the test for instructing a jury on a lesser included crime of robbery?
California, United States of America
Can a defendant be convicted of more than one crime arising out of the same act or course of conduct?
California, United States of America
What is the test for intervenor status?
British Columbia, Canada
Can a recommitment petition be filed before the expiration of a long-term commitment?
California, United States of America
Does the fading of memories of the past affect a finding of prejudice?
British Columbia, Canada
Are there any concerns that this interpretation of the nondiscretionary appeal statute will encourage frivolous appeals?
"New York", United States of America
What is the standard of review applied in cases involving hearsay evidence?
California, United States of America
Does a judge have any authority to grant a temporary restraining order against correctional officers that are allegedly harrassing and harassing a patient?
MultiRegion, United States of America
What is the legal test for requesting attorney fees in a personal injury case?
California, United States of America
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)?
British Columbia, Canada
Is a defendant entitled to a fair trial but not a perfect one?
California, United States of America
Does place of residence have a personal characteristic similar to the enumerated s.15 grounds?
Ontario, Canada
What is the test for an anti-SLAPP claim?
California, United States of America
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest?
California, United States of America
How does the Miranda rule apply in civil cases?
California, United States of America
What is the current state of the law on a motion to suppress evidence?
"New York", United States of America
What are the rights of dominant and servient drivers in an intersection?
British Columbia, Canada
Can an order by a magistrate be appealed to the appellate department of superior court under section 1466?
California, United States of America
What is the test for obtaining a search and seizure under s. 8 of the Criminal Code?
British Columbia, Canada
Is evidence of a prior conviction admissible in a criminal case?
California, United States of America
How has the court interpreted the definition of "force" in section 288 of the Criminal Code?
California, United States of America
What is the effect of a plea bargain when a defendant violates the terms of his probation?
California, United States of America
Can a warrantless search of a parolee be conducted without a warrant?
California, United States of America
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence?
California, United States of America
Is a court required to instruct a plaintiff on the principles of law relevant to their criminal case?
California, United States of America
What are the elements of a cause of action for malicious prosecution?
California, United States of America
Can a motion for dismissal be dismissed in a civil case?
MultiRegion, United States of America
How has the substantial evidence test been applied in medical malpractice cases?
MultiRegion, United States of America
How have courts dealt with a motion for summary judgment against a plaintiff’s own opinion reports?
Ontario, Canada
Is it reasonable to assume that a jury has read all of the instructions?
California, United States of America
Does a fugitive from justice have a right to appeal his conviction?
California, United States of America
What is the test for assessing the elements of damage in a property purchase application?
California, United States of America
Does a finding that defendant intended to kill or acted with reckless indifference to life need to sustain a special circumstance?
California, United States of America
What is the test for reducing the statute of limitation under a contract?
California, United States of America
Does the modified categorical test apply to determine a defendant's age at the time of the crime?
MultiRegion, United States of America
What is the test for voluntary manslaughter in a murder case?
California, United States of America
Is a husband responsible for a portion of the wife's costs even if the husband agrees to a consent order?
Ontario, Canada
What is the test for establishing that improvement of a city's streets is a municipal affair?
California, United States of America
Does the majority's conclusion that sufficient evidence did not establish use of the peak trail violate the fundamental substantial evidence rule?
California, United States of America
Is assumption of risk a defense of contributory negligence?
California, United States of America
What rights does an attorney have to protest a ruling by a municipal court?
MultiRegion, United States of America
Is a defendant entitled to appellate review of his prior convictions for purposes of impeachment?
California, United States of America
What is the current state of the law on negligent searches?
Alberta, Canada
Does the failure of the District Attorney to obtain restitution for the majority of investors for whom restitution had been sought in the original complaint justify intervening on behalf of the class?
California, United States of America
What are the elements of a claim in unjust enrichment?
British Columbia, Canada
Is repossession of property by a private individual not a state action?
MultiRegion, United States of America
What are the remaining claims in this petition for review?
MultiRegion, United States of America
Does an appeal from an intermediate order on class certification violate the "final judgment rule"?
California, United States of America
Does the Fifth Amendment bar an individual from giving evidence in a civil proceeding where the answer might incriminate him?
MultiRegion, United States of America
Can solicitors charge bonus fees for success in litigation?
British Columbia, Canada
What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime?
MultiRegion, United States of America
Is brandishing a weapon a lesser included crime?
California, United States of America
What is the test for imputed possession of drugs?
California, United States of America
What is the test for applying s. 9 of the Child Support Guidelines?
Ontario, Canada
Does a buyers' attorney misrepresentate the price his clients paid for the shopping centre?
California, United States of America
Can the INS deny an untimely motion for failure to show material change or for failing to establish prima facie eligibility?
MultiRegion, United States of America
What is the appropriate format for a hearing at the BC SPCA?
British Columbia, Canada
What is the inadvisability of appointing a representative as an administrator of the estate of a deceased?
Saskatchewan, Canada
What is the test for applying to vary a custody order?
Nova Scotia, Canada
What is the test for suppressing evidence in civil cases?
California, United States of America
What are some cases that have been decided by the Court of Appeal in the past?
Saskatchewan, Canada
What is the test for determining whether a plaintiff has a cause of action under section 425.16 of the California Civil Code?
California, United States of America
Can an accomplice's testimony be relied upon in a criminal case?
California, United States of America
Can a defendant who has been convicted of a criminal offence be liable for damages arising out of the same criminal offence?
Alberta, Canada
When a member of the public deliberately starts a fire, does he or she owe a duty of care to the fire service?
California, United States of America
What is the definition of a joint venture?
British Columbia, Canada
What is the test for establishing a "definite form" in a motion?
California, United States of America
What is the test for a motion to remand for trial before a different judge?
MultiRegion, United States of America
What is the test for novation in a mortgage?
Ontario, Canada
What is the effect of an officer’s decision to allow an applicant to stay in a shelter in Mexico?
Canada (Federal), Canada
What is the test for establishing a proper procedure in civil litigation?
California, United States of America
How have the courts interpreted the meaning of the word "harvesting" in the context of a federal immigration case?
MultiRegion, United States of America
What is the current state of the law on interest in a personal injury action?
British Columbia, Canada
What are the consequences of a long delay in bringing a motion for dismissal for want of prosecution?
British Columbia, Canada
What is the test for a motion to dismiss a complaint in a personal injury case?
MultiRegion, United States of America
How have courts interpreted section 151.3(1) of the California Civil Service Act?
California, United States of America
Can a defendant's claim of ineffective assistance be disposed of on the ground that he has failed to show sufficient prejudice?
California, United States of America
What is the test for a warden to maintain confidentiality of information?
British Columbia, Canada
What is the test for continuing jurisdiction in a medical malpractice case?
MultiRegion, United States of America
What is the test for a motion to dismiss a complaint brought by a prisoner against a governmental entity?
MultiRegion, United States of America
What is the test for unreasonable litigation conduct in a child and spousal support case?
Ontario, Canada
How have courts treated the issue of religious freedom in the context of the First Amendment?
"New York", United States of America
What are the implications of a federal district court's interpretation of statutes and guidelines?
MultiRegion, United States of America
What is the test for determining whether a judge's conduct has improperly shifted the balance against a defendant?
MultiRegion, United States of America
What are the implications of the Court of Appeal's warning that a plaintiff has a right to the presence of appointed counsel during questioning?
California, United States of America
What is the net worth audit and what is the impact of it?
Canada (Federal), Canada
Can an employer bring a complaint to arbitration for a breach of a collective agreement by either party?
Ontario, Canada
Is a convicted burglar who was convicted of a crime of moral turpitude entitled to immunity from prosecution?
California, United States of America
What is the test for a jury to convict a defendant of conspiracy?
MultiRegion, United States of America
In reviewing a ruling on a motion to suppress evidence, what is the test for a search warrant application?
California, United States of America
Can a judge re-open a case before judgment is entered?
British Columbia, Canada
What is a conflict between a defendant's attorney and his former client?
California, United States of America
What is the standard of review of evidence in a personal injury case?
California, United States of America
In what circumstances will a plaintiff have to rely on an interpreter at trial?
Alberta, Canada
What is the test for a defendant who claims to have used force "to be in self-defense" under section 1103, subdivision (a) of the California Criminal Code?
California, United States of America
Is a retroactive pay equity settlement and interest on it income for child support purposes?
New Brunswick, Canada
Does the Owner have jurisdiction to order access to records that are not covered by Section 35 of the Strata Plan?
British Columbia, Canada
What is the standard of care of a driver who passes on the right when it is prohibited to do so?
British Columbia, Canada
What are the elements of an opening-or-maintaining offence?
California, United States of America
Is a motion to dismiss pursuant to Rule 12(b)(6) proper?
MultiRegion, United States of America
How have courts interpreted the term "weapon" in the context of a possession of a deadly and dangerous weapon?
California, United States of America
How does the Court of Appeal interpret a finding that a judge applied the wrong standard?
MultiRegion, United States of America
What is the date a petition is considered to have been filed?
MultiRegion, United States of America
What are the professional conduct guidelines for a lawyer who imposes conditions of trust on a vendor's solicitor?
Alberta, Canada
What authority exists in this province to attach a garnishee debt?
Saskatchewan, Canada
What is the effect of the court's failure to call counsel in to discuss the jury's request?
MultiRegion, United States of America
What is the test for a prisoner to successfully plead not guilty to a civil rights complaint brought by a prison officer who is also a defendant in the civil rights case of Rhodes v Rhodes?
MultiRegion, United States of America
What role does a hearing judge have in a revocation proceeding?
California, United States of America
When a prosecutor makes a brief and mild reference to a defendant's failure to testify without any suggestion that an inference of guilt be drawn there from that reference, is it harmless error?
California, United States of America
Does a judge have to specify his reasons for granting a whole or partial new trial?
California, United States of America
Is intoxication a mitigating factor to the death penalty?
MultiRegion, United States of America
Can a defendant be convicted of a lesser uncharged crime if they are also charged with an assault with a deadly weapon?
California, United States of America
What is the test for reasonable accommodation under the Rehabilitation Act?
MultiRegion, United States of America
Does a defense counsel need to obtain the same foundation for mother's opinion?
California, United States of America
What is a party entitled to attorney fees pursuant to section 1021.5?
California, United States of America
What is the test for an unconscionable loan agreement?
British Columbia, Canada
What is the test for a claim of conspiracy?
Alberta, Canada
Is a lack of meaningful financial disclosure sufficient to overcome defects in the negotiation process?
Ontario, Canada
Does a tenant have a right to a prior notice and hearing to claim entitlement to a disability benefit?
MultiRegion, United States of America
Does section 845.8 of the California Vehicle Code provide immunity from liability in a motor vehicle accident?
California, United States of America
What is the test for an aider and abettor to be liable in a sexual assault case?
California, United States of America
Is gang membership evidence admissible in criminal cases?
California, United States of America
What is the test for a claim of insufficiency of evidence?
California, United States of America
Is an attempt to commit a crime considered a lesser included offense of the completed crime?
California, United States of America
Is there any case law where the presumption is to be overborne only by evidence excluding reasonable doubt?
British Columbia, Canada
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime?
California, United States of America
What is the duty of disclosure of a surgeon to a patient?
Ontario, Canada
How have courts dealt with the issue of visible restraints at sentencing hearings?
MultiRegion, United States of America
Is a warrantless search of a bank records a violation of privacy?
California, United States of America
Can an advance on damages be made under Rule 18A?
British Columbia, Canada
What is the probable cause requirement for an arrest warrant?
California, United States of America
What is the test for determining whether there is cause of proximate causation in a motor vehicle accident?
MultiRegion, United States of America
Is there any basis for finding that the trial court abused its discretion when it awarded a father full physical and legal custody of the child?
California, United States of America
When is a minor criminal record outweighed the seriousness of the crime?
California, United States of America
What is the standard for further environmental review under section 15168 of the California Environmental Review Act?
California, United States of America
What is the test for admitting victim impact evidence in a criminal case?
California, United States of America
When will a court order a search and seizure of a quantity and quality of illegal drugs seized at a police station?
California, United States of America
In what circumstances will a defendant waive his right to remain silent during questioning?
California, United States of America
What factors must be considered to determine the reasonableness of a settlement?
British Columbia, Canada
Is 5.5 Scienter implied in general statutes making it unlawful to sell narcotics?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does an employee have a right to be heard by an appeal panel after termination?
Nova Scotia, Canada
Can evidence of a witness giving an inconsistent statement be admitted?
California, United States of America
Does a court order requiring electronic monitoring violate a plaintiff's right against self-incrimination?
California, United States of America
If an implied contract exists as noted as noted, is it governed by the laws of England and was intended to be performed in England?
British Columbia, Canada
How have the courts dealt with title disputes between a landlord and tenant when the landlord's lease expires?
"New York", United States of America
What is the test for failing to comply with a medical malpractice notice?
MultiRegion, United States of America
In what circumstances will a court order rescission of a contract where the contract for sale of land has been executed?
British Columbia, Canada
Does the District Court have jurisdiction to review an adjustment of status application?
MultiRegion, United States of America
What is the test for adjournment in a child protection case?
Ontario, Canada
What is the test for a motion to exclude a prospective juror from a jury?
California, United States of America
Does the taxpayer have the burden of establishing the existence of federal court jurisdiction"?
MultiRegion, United States of America
What is the test for "abuse of discretion" in a federal court?
MultiRegion, United States of America
What is the test for the admissibility of evidence for abuse of discretion?
California, United States of America
In what circumstances will a federal district judge be remanded to a different jurisdiction?
MultiRegion, United States of America
What is the test for retroactively applying a new interpretation of criminal procedural rules?
MultiRegion, United States of America
What is the test for a "provocative act" murder?
California, United States of America
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Does the Attorney General have the authority to bar Defendant from making a motion in limine against the introduction of gang evidence?
California, United States of America
What is the test for setting aside a finding of fact by a federal judge?
MultiRegion, United States of America
In what circumstances will a defendant waive his privilege against self-incrimination and his right to confront witnesses at trial?
California, United States of America
