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.
How have courts dealt with injuries caused by a handcuffed defendant striking an officer?
California, United States of America
What is the effect of a master's order striking out a statement of defence?
British Columbia, Canada
Is Rule 8-2 (7)(b and (c) of the Family Law Code broad purposive interpretation?
British Columbia, Canada
Can a marriage contract be set aside if one of the parties regrets it?
Ontario, Canada
Is a purchaser and/or transferee permitted to run with the land?
Alberta, Canada
In what circumstances will a bank officer be found liable for failing to disclose that there were delinquent taxes against the land?
California, United States of America
What is the effect of ineffective counsel on a section 2254 habeas petition?
MultiRegion, United States of America
Can a defense counsel be ineffective for failing to object to the admission of prior convictions under section 352 of the California Criminal Code?
California, United States of America
What is reasonable cause in a civil case?
California, United States of America
What are some exceptions to Teague, the Teague Rule of Civil Procedure?
California, United States of America
Can a credit union obtain a revocable licence?
Alberta, Canada
In what circumstances would a jury interpret a response from the Attorney General in response to a question of burden of proof?
California, United States of America
In what circumstances will a final order be issued in a personal injury matter?
Manitoba, Canada
In what circumstances will a court order retroactive child support for a retroactive period of 12 years?
British Columbia, Canada
What are the consequences of an application to amend a statement of claim against the Kwans?
British Columbia, Canada
What is the test for reasonable suspicion in a search and seizure?
MultiRegion, United States of America
How do counsel for the parents respond to a summary judgement motion?
Ontario, Canada
Can an order purporting to grant a new trial where there is no completed trial be interpreted as a mistrial?
California, United States of America
What is the test for admissible statements under the coconspirator exception to the hearsay rule?
California, United States of America
What is the standard expected of a doctor in the context of a negligence claim?
British Columbia, Canada
What is the current state and federal law on prosecutorial misconduct?
California, United States of America
Can a search warrant be obtained without a hearing?
California, United States of America
What is the substance of a defense counsel's objection to the term "prejudice" or "unduly prejudicial" in the context of Rule 403 balancing?
MultiRegion, United States of America
What is the test for timely appeal under the California Courts Act?
California, United States of America
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel?
California, United States of America
If a defendant is convicted of a lesser included crime, can he appeal against his conviction for the alleged greater crime?
California, United States of America
How have rules regulating the admission of evidence proffered by criminal defendants to show that someone else committed the crime with which they are charged been widely accepted?
California, United States of America
What is the test for coercion in a civil case?
MultiRegion, United States of America
Is intoxication relevant in a prosecution for murder?
MultiRegion, United States of America
What is the role of a hearing panel in deciding a joint application?
Ontario, Canada
What is the test for determining whether a jury found a defendant guilty of recklessly causing grievous bodily harm to a child?
California, United States of America
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 current state of the law on the "small risk" of damage to internal organs caused by a laparoscopic procedure?
British Columbia, Canada
Can a motion to compel the production of documents be made in camera?
California, United States of America
Does the failure to serve a notice of motion to set aside a dismissal order constitute a two year delay?
Ontario, Canada
What is the difference between aider and abettor culpability for a target crime and an unintended crime?
California, United States of America
What is the test for establishing that a judgment or order of a lower court is presumed correct on appeal?
California, United States of America
When a police officer opens the glove compartment of a stolen car and finds a cartridge clip in the trunk of the vehicle, what is the effect of this finding on the search warrant?
MultiRegion, United States of America
Does a party's inability to comply with a judicial order constitute a defense to a charge of contempt?
MultiRegion, United States of America
What is the law in Canada on deposits in real estate transactions?
British Columbia, Canada
What is the current state of the law relating to credibility and reliability of witnesses?
British Columbia, Canada
Does advance planning of a crime preclude a finding that a defendant was insane at the time of the crime?
California, United States of America
What is the test for admitting or excluding abuse evidence?
California, United States of America
What is the scope of the federal district court's power to set aside and resent a judgment against a defendant?
MultiRegion, United States of America
What is the minimum term for a third strike sentence for attempted premeditated murder?
California, United States of America
What is the test for a search and seizure warrant?
Ontario, Canada
What is the test for a jury to overturn a finding of not guilty of assault?
California, United States of America
Is there any case law supporting the argument that a committee of ethics officers was bound by a duty of fairness in its dealings with the applicant?
Alberta, Canada
What is the duty of a trial judge to see that a cause is not defeated by 'mere inadvertence'?
California, United States of America
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal?
Ontario, Canada
What is the test for an anti-SLAPP motion?
California, United States of America
Does a finding of substantial evidence or sanction of dismissal need to be reviewed for substantial evidence?
California, United States of America
What are the findings of the California Superior Court of Appeal on behalf of defendant's attorney?
California, United States of America
What is the standard of review for a finding of bias established by a court?
California, United States of America
How have courts treated evidence that supports a plaintiff's claim that they suffered from dementia?
California, United States of America
What is the test for awarding attorney's fees for abuse of discretion?
MultiRegion, United States of America
In what circumstances will a court order a search of electronic equipment for a defendant convicted of criminal threats and resisting a police officer?
California, United States of America
What is the test for overturning a conviction under section 11352 of the Criminal Code?
California, United States of America
What is the current state of the law on consent in sexual assault cases?
Ontario, Canada
What is the legal test for a motion to recall a witness?
Ontario, Canada
What is the test for an interim award of spousal support?
British Columbia, Canada
Does a probation order requiring a defendant to pay fines on or before the end of probation violate his right to due process and equal protection?
California, United States of America
Is Xira entitled to repudiate (refuse) the lease?
British Columbia, Canada
Can a contract be enforced notwithstanding a violation of public law?
Ontario, Canada
Does a defendant have standing to seek suppression of evidence seized from a defendant charged with possession of stolen goods?
MultiRegion, United States of America
Does section 1385 of the Ontario Criminal Code require disclosure of reasons for dismissal?
California, United States of America
What is the test for sanctions against a defendant in a personal injury case?
California, United States of America
What is the test for a victim of sexual assault to seek restitution under the victim restitution statutory scheme?
California, United States of America
What is the test for admitting identification evidence in a criminal case?
California, United States of America
Does the Attorney General have any authority or authority to grant a motion to dismiss the Petitioner's claim that he is a habitual criminal?
California, United States of America
Does a district court need to consider the effect of a local rule that would result in the dismissal of a case?
MultiRegion, United States of America
Does a judge have discretion to strike the prior serious felony conviction enhancement at the time of a resentencing?
California, United States of America
How have the courts interpreted the meaning of Section 530(5) of the Tax Code?
MultiRegion, United States of America
What is the test for admitting a prior conviction for a similar crime?
California, United States of America
Is Excel failing to meet the standard of care for a collection agency?
Ontario, Canada
What is the effect of striking the entirety of the entire action?
Newfoundland and Labrador, Canada
Is a reasonable manner for a police officer to stop a car?
California, United States of America
What is the test for a decision not to relieve a counsel under the deferential abuse of discretion standard?
California, United States of America
Is a bankruptcy court's decision regarding civil contempt for abuse of discretion enforceable?
federal, United States of America
Is there any case law in which a defendant has been found to be adversely affected by the courts?
California, United States of America
What is the effect of speaking to police after being advised to do so?
California, United States of America
What is the current factual and procedural history related to defendant's claim of error?
California, United States of America
How have the courts treated appeals of larceny against defendants who have been convicted of the crime?
"New York", United States of America
What is the test for habeas corpus relief?
MultiRegion, United States of America
What is the effect of a court's refusal to permit the filing of a second amended complaint?
California, United States of America
What is the test for "good cause" in the context of a motion for a new trial based on juror misconduct?
California, United States of America
In what circumstances will an enforceable contract be enforceable?
British Columbia, Canada
What is the applicable statute of limitations for a prisoner seeking state post-conviction relief?
MultiRegion, United States of America
What is the current state of the law with respect to the use of a buccal swab?
"New York", United States of America
What is the test for a private citizen arrest?
Ontario, Canada
What is the burden of proof required for a plaintiff to prove their claim is timely under the continuing violation doctrine?
California, United States of America
In the context of the Guidelines Guidelines, what is the current state of the law regarding errors in the Guidelines?
MultiRegion, United States of America
Is a short-term disability plan enforceable?
British Columbia, Canada
Can a single act or omission be punished under section 654 of the California Criminal Code?
California, United States of America
Is a therapy dog allowed on the witness stand in a criminal case?
California, United States of America
What is the test for adding parties to a personal injury trial?
British Columbia, Canada
Does the court need to consider whether to grant a defendant's flight instructions?
California, United States of America
Is Planet Bingo permitted to proceed on a claim for attorney fees that it had had to incur to obtain the defense and indemnity?
California, United States of America
Does the government have any grounds to deny a plaintiff's claim that she was denied access to a judicial review of her claim?
MultiRegion, United States of America
What is the material disclosure under Rule 7-1(1)(a) of an action?
British Columbia, Canada
What is the state's interest in the purpose of probation in this case?
California, United States of America
In what circumstances will a mortgagee be liable for any loss and damage caused by negligence on a bill for redemption?
Saskatchewan, Canada
How has the trial judge determined the date of an alleged sexual assault?
Ontario, Canada
Is a defendant entitled to a new trial because of prosecutorial misconduct during closing argument?
MultiRegion, United States of America
What is the standard of review in cases in which the People rely mainly on circumstantial evidence?
California, United States of America
What are general damages for pain and suffering?
Nova Scotia, Canada
Does a trial court abuse its power to admit evidence of prior criminal convictions?
California, United States of America
Does a plaintiff have a duty to mitigate their losses by taking steps such as closing a business and closing a bank?
British Columbia, Canada
What is the test for abuse of a minute order?
California, United States of America
Does a Credit Agreement oblige 893 to draw down on the facility?
British Columbia, Canada
Is driving under the influence a crime of violence?
California, United States of America
Does an extradition hearing need to be reduced to a criminal trial?
Ontario, Canada
What is the burden of proof of testamentary capacity under a Will?
Alberta, Canada
What is the test for an obligation of a municipal council to keep in repair?
Saskatchewan, Canada
What is the law applicable to a claim of insufficiency of evidence?
California, United States of America
What is the test for determining the quantum of spousal support?
Ontario, Canada
What is the test for a jury to convict a driver for driving the wrong way along a busy road in a reckless manner?
"New York", United States of America
How has the court considered student loan payments as a factor in opposing a request for child support under the Child Support Guidelines?
British Columbia, Canada
Does a plaintiff have to argue that the wrong section of a statute is applicable?
MultiRegion, United States of America
What are common issues in a personal injury action?
British Columbia, Canada
Is disclosure of a witness's residence address unnecessary?
MultiRegion, United States of America
What is the test for assessing damages when a defence has been struck?
British Columbia, Canada
Can a plaintiff sue for damages in federal court against a state, its agencies and officials acting in their official capacities?
MultiRegion, United States of America
Is an employer liable for failing to accommodate an employee with a disability?
California, United States of America
How have courts considered the argument that the trial court erred in failing to conduct an in camera hearing?
California, United States of America
When a part of a sentence has been stricken on review, is it appropriate to remand the matter for a full resentencing?
California, United States of America
What is the test for the Independent Regulatory Review Authority (IGRA) in its current form?
MultiRegion, United States of America
What are the implications of the Court of Appeal's decision not to hear an appeal?
federal, United States of America
What is the test for disinheritance?
British Columbia, Canada
Is a jury required to define the term "zone of harm" or "kill zone"?
California, United States of America
What is the scope of appeal review of child support awards?
Prince Edward Island, Canada
What is the current state of the law on the issue of the voluntariness of a confession?
California, United States of America
Is a plaintiff required to lead expert evidence to overcome a no evidence motion?
British Columbia, Canada
Does a sexual assault defendant have a valid claim to have made a threat to the victim that they would not perform the sex act?
California, United States of America
What is the test for an equal protection claim?
California, United States of America
What is the difference between majority and dissent in the California Supreme Court?
California, United States of America
What is the test for filing a notice of appeal against an amended judgment?
California, United States of America
What is the impact of the persecution of other members of the same family on a visa application?
Canada (Federal), Canada
What is the impact of the Court's failure to state reasons for not imposing a restitution fine on appeal?
California, United States of America
Is a statement by a witness that is inconsistent with their testimony admissible to establish the truth of the matter?
California, United States of America
Does petitioner have a cognizable claim against any defendant for violation of the Eighth Amendment?
MultiRegion, United States of America
What is the legal test for a party seeking attorney fees on appeal?
California, United States of America
Does the need for judicial efficiency trump the right to exclude members of the public from the courtroom?
"New York", United States of America
Can the trial court abuse its discretion in striking inadmissible evidence?
California, United States of America
How have the courts treated evidence that the respondent was addicted to drugs in the context of child support claims?
Ontario, Canada
What are the costs of conducting research for an appeal?
Canada (Federal), Canada
Is it contrary to a child’s best interest to remove her from a stable environment and place her in an uncertain one?
Ontario, Canada
What is the specific scope of a motion under Habeas Rule 4?
MultiRegion, United States of America
What is the test for obtaining an allegation of sexual assault without proper due diligence?
New Brunswick, Canada
How will the courts intervene where an action by an association is in violation of its own bylaws and constitution?
California, United States of America
Does an attorney have authority to enter into stipulations and agreements with a client during trial?
California, United States of America
What is the test for a discrimination claim under s. 15(1) of the Charter of Canada?
Ontario, Canada
What is the test for admissibility of incriminating physical evidence in a sexual assault case?
Ontario, Canada
What is the test for an application to have Page 8 of a habeas petition considered in the Court of Appeal?
MultiRegion, United States of America
What is the test for probable cause in a search warrant application based on a sworn statement of an informant?
California, United States of America
What is the effect of a contempt finding against a party in contempt?
Ontario, Canada
What is the test for deliberate indifference to medical care?
MultiRegion, United States of America
What is the limitation on argument by the defense in the closing argument?
California, United States of America
What are the considerations for tax purposes for the taxation of a solicitor’s account?
Nova Scotia, Canada
What is the test for standing to set aside a transfer of funds under the Proceeds of Crime and Insolvency Acts?
Alberta, Canada
Does the duty of fair representation require a union to follow the direction of individual members?
Canada (Federal), Canada
What is the standard of review applied by the Court of Appeal in determining whether to instruct a jury?
California, United States of America
Is a defendant entitled to a jury's decision to instruct the jury on the crime of voluntary manslaughter?
California, United States of America
When will a judge consider prior criminal convictions for probation purposes?
California, United States of America
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl?
Ontario, Canada
What is the test for reversal of a conviction for felony-murder?
California, United States of America
What is the effect of having only two directors on a company's audited financial statements?
Ontario, Canada
Is a motion for review of a discovery order a writ of mandamus?
MultiRegion, United States of America
Is the time period between October 28, 2012 and March 31, 2013 considered as a neutral time?
Ontario, Canada
What is the propriety of removing a plaintiff from a federal court?
MultiRegion, United States of America
What are some cases dealing with sexual assault under the California Penal Code?
California, United States of America
How have courts treated an application for reduction of an assessment under the traditional fair market value method?
California, United States of America
Can a judge be found to have abused his discretion by failing to rule on the basis of a reporter's transcript or other record of the reasons for the trial court's ruling?
California, United States of America
What is the relevant case law on retroactive support?
British Columbia, Canada
Does a defendant have the right to conduct his own research at government expense?
MultiRegion, United States of America
What is the difference between indecent exposure and lewd conduct?
California, United States of America
How does section 654 of the California Criminal Code deal with multiple punishment?
California, United States of America
What is the effect of challenged jury instruction on a jury's consideration of Constitutionally relevant evidence?
MultiRegion, United States of America
What is the relevant case law for support for an adult child attending university?
British Columbia, Canada
What is the test for determining whether a misrepresentation was deliberate or voluntary?
MultiRegion, United States of America
Does Section 3500 of the Criminal Code require the disclosure of prior statements of a witness?
MultiRegion, United States of America
Does the Minister of Justice have the authority to seek a judicial review of a decision made by the Court of Appeal?
Canada (Federal), Canada
What is a reasonable doubt test for an allegation of sexual assault?
California, United States of America
Does Defendant have to prove that malice is presumed under the felony-murder rule?
California, United States of America
What is the test for a judge to consider the relative balance of convenience between the parties in determining whether there is an interest in land?
Ontario, Canada
What is the test for obtaining records of complaints against a peace officer?
California, United States of America
Does a 1991 letter of consent constitute a prescriptive right that crystallized before the 1991 consent was provided?
Ontario, Canada
Does a court have to determine whether there was duress at the time of signing a marriage contract?
MultiRegion, United States of America
What is the effect of a lawyer improperly drafting a settlement offer?
Alberta, Canada
How have courts interpreted confidential information in the context of the manufacture of a carpet grip?
Alberta, Canada
What is the test for variation in terms of a child protection order?
Ontario, Canada
What is the effect of a motion denying appellant's motion?
California, United States of America
Does a court order or an agreement regarding contribution to section 7 expenses in a child support case require a party to contribute to the expenses?
Ontario, Canada
What factors must the court consider in deciding whether to grant a solicitor removal motion?
Ontario, Canada
Can an injunction be issued if the underlying causes of action are not established?
California, United States of America
What is the test for a medical malpractice term?
California, United States of America
Does a judge have an obligation to order ordinary costs in a custody action?
British Columbia, Canada
Whether or not to grant on adjournment is in the discretion of the presiding judicial officer?
Ontario, Canada
Is a defendant's withdrawn guilty plea admissible as evidence in a subsequent civil action?
"New York", United States of America
Is section 8 of the California Code of Civil Procedure sufficient to grant employees and independent contractors rights against private parties who hire them?
California, United States of America
