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 a prolonged period of time between a parent and a family friend of one of their children have to be considered a factor in determining custody?
"New York", United States of America
Can a motion to strike for abuse be denied?
California, United States of America
What is the test for heat of passion, unreasonable self-defense and sudden quarrel/heat of passion?
California, United States of America
Is Rule 3.7 of the witness-advocate rule sufficient to prevent a motion to disqualify counsel from being heard?
MultiRegion, United States of America
What is the effect of a motion in limine seeking to exclude evidence that is not privileged?
California, United States of America
What is the test for a finding of fact by inference?
British Columbia, Canada
What is the test for having jurisdiction to recall a sentence in a criminal matter while an appeal is pending?
California, United States of America
Is there any reason to withdraw from the charge of possession of a firearm by a felon?
California, United States of America
How have courts treated the intent instruction in the context of a miscarriage of justice?
California, United States of America
Can a criminal conviction be used to impeach a witness' credibility?
California, United States of America
Can a defendant who made "bizarre statements or actions taken in isolation" remain competent to stand trial?
California, United States of America
What is the test for a Summary Trial?
Newfoundland and Labrador, Canada
Is Respondent to a Motion for a Separation of Jurors waived his right to move for a new trial when he became aware that an alternate juror had been in the jury room?
California, United States of America
What is the test for establishing a well-founded fear of future persecution?
MultiRegion, United States of America
What are the factors set out in Farden Farden for support purposes?
British Columbia, Canada
Can a plaintiff sustain a false imprisonment claim if he was wrongfully housed in administrative segregation for a period of time?
California, United States of America
What is the test for a search warrant for a vehicle seized in the early hours of the morning?
California, United States of America
What remedies are available to the Court of Appeal against an unauthorized sentence imposed by the Superior Court?
California, United States of America
What is the test for a reversal of a conviction based on ineffective assistance of counsel?
California, United States of America
What are the damages for a solicitor who fails to disclose material facts about a secret profit on a real estate transfer?
British Columbia, Canada
What is the test for summary discharge of a registered nursing assistant?
Saskatchewan, Canada
What is considered a frivolous claim?
MultiRegion, United States of America
What is the test for a jury to find a defense incompetent?
California, United States of America
What is the current state of the law on a citizen's right to "defend" against a valid arrest?
California, United States of America
Can an insurer be held liable for failing to compensate an insured for a loss under an endorsement?
California, United States of America
What is the test for establishing an estoppel against an insurer by reason of the conduct of an agent?
California, United States of America
What is the test for modification of probation conditions for abuse?
MultiRegion, United States of America
Is the robust and pragmatic approach used in medical malpractice cases?
Ontario, Canada
What is the test for putting a vehicle in motion?
Alberta, Canada
What is the test for appointing counsel in a civil case?
MultiRegion, United States of America
What is the test for determining "proximate cause" in a motor vehicle accident?
MultiRegion, United States of America
What are the relevant statutory references to the Penal Code in the context of sexual assault cases?
California, United States of America
What is a party's disability?
Ontario, Canada
What is the standard of review applied to a finding by the Superior Court on the admissibility of evidence?
California, United States of America
Is a survivor’s benefit pension a pension in its own right?
Ontario, Canada
What is the sua sponte duty of a trial court to instruct a defendant on a defense of kidnapping during the commission of a murder?
California, United States of America
Does a professional representing a trustee or debtors-in-possession have to be a disinterested or disinterested person?
MultiRegion, United States of America
What is the meaning of the word “surviving”?
Saskatchewan, Canada
What preventative measures might defendant's garbage collection truck have been put in place to prevent injuries sustained by plaintiff in a motor vehicle accident?
California, United States of America
Is a trial judge required to review all the evidence at trial?
Ontario, Canada
When is a plaintiff's attorney required to file a timely tort claim?
California, United States of America
Can an Agreement to List constitute an agreement to agree in the future?
British Columbia, Canada
What is the impact of incomplete, unreliable or missing opinion evidence on a trial judge's ability to determine the value of a property?
British Columbia, Canada
What is the consequence of pleading guilty to simple possession of methamphetamine?
California, United States of America
What is the test for determining whether a jury has been misled to consider statements made by a witness in a shooting incident?
California, United States of America
What are some cases where the Court has convicted an appellant of a murder charge and sentenced him to life imprisonment?
California, United States of America
Does the Health Care District have the right to sell its offices and other properties?
California, United States of America
What is the law required to establish constructive dismissal?
Ontario, Canada
Does Section 667, subdivision (e)(2)(C)(iv)(VIII) of the California Criminal Code include the term "offense punishable by life imprisonment"?
California, United States of America
What are the elements of a criminal conspiracy?
California, United States of America
What percentage reduction is appropriate for non-pecuniary and pecuniary damages in a medical malpractice action?
British Columbia, Canada
In a medical malpractice case, is a doctor required to provide expert testimony on the issue of contributory negligence?
California, United States of America
What factors support a decision not to award the full retroactive arrears claim?
British Columbia, Canada
What is the test for establishing that the evidence presented at trial was reasonable diligence?
New Brunswick, Canada
In what circumstances will a defendant be found guilty of making a threat to kill another man?
California, United States of America
What is the test for Rule 403 violation?
MultiRegion, United States of America
What is the test for reducing the burden of proof in a criminal case to less than preponderance?
California, United States of America
How have the courts dealt with timely objection to an allegation of sexual assault?
MultiRegion, United States of America
Does Section 825 of the California Civil Code require that an arrestee be taken before a magistrate within 48 hours of his arrest?
California, United States of America
What is the standard of review in the context of a motion for summary judgment in a personal injury case?
Ontario, Canada
What is the test for relevance of evidence in a civil case?
California, United States of America
What is the test for determining liability for a following driver who runs into another vehicle from the rear of the vehicle?
Ontario, Canada
What is the test for a motion to overturn a judgment in a personal injury case?
California, United States of America
What is the case law on second-degree murder?
California, United States of America
Is there an affirmative defense under section 850.4 immunity?
California, United States of America
Does a court have to agree to a plea bargain with a defendant in a sexual assault case?
California, United States of America
What is the impact of section 3553(a)(2)(C) and section 3582(c)(1)(A)(ii) of the Federal Drug Code on the public safety of a convicted drug dealer?
MultiRegion, United States of America
Is an insurer obligated to defend an action against its insured?
MultiRegion, United States of America
Does a cause of action for malicious prosecution arise prior to termination of the entire action?
California, United States of America
What is the current state of the law on the requirement of proof beyond a reasonable doubt in a civil case?
California, United States of America
What is the test for a jury to convict a defendant in a robbery and/or burglary case?
California, United States of America
What is the government's claim of sovereign immunity for refusing to pay an interim fee?
MultiRegion, United States of America
What is the test for determining whether a search warrant can be used to suppress evidence?
California, United States of America
What is the current state of the law on the basis of a potential conflict of interest?
California, United States of America
What is the test for disqualification of an attorney who has been involved in a criminal case?
Ontario, Canada
What is the standard of proof in a personal injury case?
British Columbia, Canada
Is a payment made under duress recoverable under a theory of unjust enrichment?
California, United States of America
What is the impact of Proposition 47 on a defendant's equal protection claim?
California, United States of America
When is a visa officer's notice of concern required in a visa application?
Canada (Federal), Canada
When can a defendant request disclosure on the theory that an informant could be a material witness on the issue of guilt?
California, United States of America
What is the difference between conflict of interest and adverse costs?
Ontario, Canada
Is a defendant entitled to a credit against his sentence for his time spent in custody from the date of arrest?
California, United States of America
What is the test for admitting evidence of prior criminal convictions?
California, United States of America
What constitutes a “seizure” within the contemplation of the Charter?
Alberta, Canada
What is the test for assessing a s.15 discrimination claim?
Saskatchewan, Canada
Does a prisoner have a right to access the courts?
MultiRegion, United States of America
Does a defendant have a constitutional right to appoint an expert to the defence of their case?
California, United States of America
In what circumstances will a defendant be found guilty of burglary in the second degree for breaking into an uninhabited portion of an inhabited building?
California, United States of America
Does the word “immediate hazard” in the context of a motor vehicle accident constitute a standard of care?
British Columbia, Canada
What is the test for the purpose of compensatory support?
British Columbia, Canada
Does lack of an objection constitute a forfeit of section 654 application?
California, United States of America
What is the burden of proving that a testator approved the contents of a will?
Saskatchewan, Canada
Can a transcript of an examination for discovery be read in or used in evidence at trial?
Ontario, Canada
What are the main arguments in a personal injury action brought by a plaintiff against defendants?
MultiRegion, United States of America
Does a defective instruction in a medical malpractice case affect a jury's verdict?
California, United States of America
What are the elements of an opening-or-maintaining offence?
California, United States of America
Is s. 35(2) of the Code governing cancellation or modification of easements enforceable?
British Columbia, Canada
In a preliminary injunction, what steps will the court take before making a finding in the context of historical analysis?
MultiRegion, United States of America
What is the legal test for posting hours posted on Facebook?
Prince Edward Island, Canada
What is the effect of the Courts of Equity’s jurisdiction on the terms of a personal injury agreement?
Saskatchewan, Canada
What is the test for determining whether a misrepresentation is false, misleading or deceptive?
Ontario, Canada
What is the legal test for loss of future earning capacity?
British Columbia, Canada
Does a Deputy Rentalsman have to meet the burden of proof that an executed copy of the lease has been delivered to the tenant?
Saskatchewan, Canada
What is the standard of review in cases in which the People rely mainly on circumstantial evidence?
California, United States of America
What is the appropriate punishment for disobeying a court order?
Alberta, Canada
Can a defendant's guilty plea be used as evidence at trial?
MultiRegion, United States of America
Is a court's decision to require lifetime sex offender registration reviewed for abuse of discretion?
California, United States of America
When will the court grant a variance of an interim order where the child's work requirements change?
Yukon, Canada
What is the test for admitting a confession under the Miranda rights?
California, United States of America
What is the test for "perpetual prosecution" in an extradition case?
Ontario, Canada
Can a defendant be convicted of aggravated mayhem in violation of section 203 of the California Criminal Code?
California, United States of America
What is the test for a false imprisonment claim?
Saskatchewan, Canada
What factors are considered in assessing a testator's moral duty to independent children?
British Columbia, Canada
Does a defendant have to have a certificate of probable cause to review his plea?
California, United States of America
Is circumstantial evidence sufficient to invalidate a jury's opinion?
California, United States of America
Can a father appeal against a juvenile court's finding that his son committed a sexual assault against his mother?
California, United States of America
Does Title II and Section 504 have an obligation to make benefits, services and programs accessible to people with disabilities?
MultiRegion, United States of America
How does the Court of Appeal review questions of law?
California, United States of America
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
What is the test for a charge of recklessly causing grievous bodily injury in a motor vehicle accident?
California, United States of America
What is the test for a motion under the doctrine of instructing a jury on the elements of a crime?
California, United States of America
Does a defendant give up his right to trial by jury if he agrees to a plea of guilty?
California, United States of America
What is the liability of a construction contractor for failing to provide adequate safety equipment to a construction worker?
MultiRegion, United States of America
What is the burden of proving there is a criminal street gang?
California, United States of America
Does a party have to wait to get a hearing on the merits of a motion to sue for delay?
Ontario, Canada
What is the test for making statements in the course of police interrogation?
California, United States of America
What is the test for determining whether an action is governmental?
MultiRegion, United States of America
What is the difference between s-s. 8.8, (8.3) and (9.4) between a CCRA employee and his employer under section 156.1(4) of the Income Tax Act?
British Columbia, Canada
What is the test for a waiver of a defendant's right to counsel during a custodial interrogation?
California, United States of America
What is the test for Charter damages?
Manitoba, Canada
Does a prison mailbox have to be sent to a defendant in a civil proceeding pro se?
MultiRegion, United States of America
What is the scope of behaviour modification in a class action?
Ontario, Canada
What is the difference between a felony and a misdemeanor under Section 17 of the California Penal Code?
California, United States of America
What is the test for giving a jury instructions in a personal injury case?
California, United States of America
Is there any difference between the provisions of an earlier collective agreement and that of the current collective agreement?
Alberta, Canada
Under what circumstances must a jury consider a plea of not guilty?
California, United States of America
What factors must be considered to determine whether a defendant's attorney failed to object at sentencing?
California, United States of America
What is the current state of the law on the fourth amendment and the use of tape recordings?
MultiRegion, United States of America
What is the proper remedy for a landlord who has a receiver in possession of the property?
"New York", United States of America
Does a police officer need to give notice of presence or authority to enter a person's home?
Newfoundland and Labrador, Canada
What is the effect of a prior conviction on the credibility of a defendant at trial?
California, United States of America
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim?
MultiRegion, United States of America
What factors will be considered by the Court of Appeal in exercise of discretion to enforce a personal injury settlement?
Ontario, Canada
Can an applicant's office be targeted because they are not high-profile political figures?
Canada (Federal), Canada
What is the test for establishing a "primary activities" in a criminal gang?
California, United States of America
What is the test for overturning a probation condition imposed by a juvenile court?
California, United States of America
What is the test for contempt of an order?
British Columbia, Canada
Is there any connection between an irregularity in the result of an election and the relief sought?
British Columbia, Canada
What is the test for selecting a prospective juror for a death penalty case?
California, United States of America
What is the test for determining whether a landlord owes a duty of reasonable care to an injured third person?
California, United States of America
What is the state employee's right to stay in his position?
California, United States of America
Can a defendant be convicted of an uncharged crime of a lesser included offense of a charged crime?
California, United States of America
What are the elements and what is the effect of the instruction that contained the elements?
California, United States of America
What is the test for a search without a warrant or probable cause?
California, United States of America
Is a solicitor’s lien attached to the fund?
Alberta, Canada
What is the test for determining whether a prosecution exercised peremptory challenges in a racially discriminatory manner?
MultiRegion, United States of America
What is the current test for excluding evidence in a civil case?
Ontario, Canada
Does a public entity have a duty to take reasonable steps to protect the public from the danger?
California, United States of America
Does the mass silent waiver impermissibly presume acquiescence in the loss of the right to appeal and fails to overcome the presumption against waiver?
MultiRegion, United States of America
In what circumstances will the adjudicator refuse to order production of an audio-visual recording of an incident where a motor vehicle accident occurred?
British Columbia, Canada
What is a clear error when a judge is left with a definite and firm conviction that a mistake has been committed?
MultiRegion, United States of America
What is the remedy for detinue?
British Columbia, Canada
What is the test for reversing a criminal conviction based on inappropriate comments by a prosecutor?
MultiRegion, United States of America
Is a plaintiff entitled to a claim for future care giving costs?
British Columbia, Canada
What is the test for establishing that a single witness is sufficient to convict a defendant?
California, United States of America
What is the test for determining whether a parent's intention was to move out of their home?
MultiRegion, United States of America
What is the legal test for destroying or destroying evidence in a criminal case?
California, United States of America
What is the standard for assessment by the clerk under Rule 60(4) of the BC Tax Code?
Yukon, Canada
In what circumstances will the court deny a defendant's claim that he was not informed of his right to counsel at the preliminary hearing?
California, United States of America
What is the test for a good cause application?
MultiRegion, United States of America
What is the standard of reasonableness in the context of a judicial review?
Ontario, Canada
What is the test for admissibility of other crimes evidence in a sexual assault trial?
California, United States of America
What is the test for 'reasonable presumption and interpretation'?
California, United States of America
What is the standard of review for admitting fresh evidence in an appeal?
British Columbia, Canada
What is the test for independence and impartiality?
Alberta, Canada
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a charge of membership of a street gang?
California, United States of America
What is the test for a fraudulent misrepresentation?
British Columbia, Canada
What is the test for a criminal defendant to obtain access to privileged documents?
California, United States of America
What is the effect of requiring an insured to submit an examination under oath in order to process a claim?
California, United States of America
What is the test for improper conduct by a prosecutor before the jury in a civil case?
California, United States of America
What is the test for determining whether findings in a medical malpractice case are invalid?
California, United States of America
What is the effect of the Barker factor in determining whether a defendant has a right to speedy trial?
California, United States of America
What is the standard for determining sufficient evidence in a criminal case?
California, United States of America
What is the test for using testimony from other police officers in a criminal case?
California, United States of America
What is the effect of secret documents being made public?
Canada (Federal), Canada
What is the test for determining whether a statute has a clear and unambiguous meaning?
MultiRegion, United States of America
When imputing income is imputed, what is the effect on a motion to vary or change support?
Ontario, Canada
What is the standard of review for the purpose of determining whether a "sham" is reviewed in the absence of palpable error?
Canada (Federal), Canada
Does the Court have to remand for reconsideration of the sentence imposed on some but not all counts?
MultiRegion, United States of America
When a defendant enters a plea of guilty or no contest, can she challenge the validity of the plea on appeal?
California, United States of America
What is the test for overturning a strata’s decision regarding repairs?
British Columbia, Canada
Is a search of a bedroom without consent unreasonable?
MultiRegion, United States of America
What is the critical consideration under the anti-SLAPP analysis?
California, United States of America
What is the test for severance under the doctrine of severance?
British Columbia, Canada
What is the test for a jury to convict a defendant of gross vehicular manslaughter while intoxicated?
California, United States of America
What is the statute of limitations for the purposes of a claim for wrongful dismissal?
MultiRegion, United States of America
Can a criminal defendant compel discovery of information in a police officer's personnel file?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for a search and seizure pursuant to s. 8 of the Criminal Code?
British Columbia, Canada
What is the test for responding to an employer's claim of non-discriminatory discrimination?
California, United States of America
