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 definition of premeditation and deliberation in a murder case?
California, United States of America
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction?
MultiRegion, United States of America
What is the test for dismissing a frivolous appeal?
California, United States of America
In what circumstances will a defendant waive his right to a unanimous verdict by accepting a non-unanimous verdict?
MultiRegion, United States of America
Is a search of a suitcase containing fur furs under search warrant valid?
MultiRegion, United States of America
What constitutes waiver of a claim?
California, United States of America
What is the test for establishing prejudice in a personal injury case?
Alberta, Canada
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them?
Ontario, Canada
Can a party in a family law case refuse to pay the arbitration fees of an arbitrator?
Ontario, Canada
How has the privative clause been dealt with?
British Columbia, Canada
What is the test for determining whether prejudice was prejudice against a defendant in a civil case?
California, United States of America
What is the test for a jury to convict a defendant of only one count?
"New York", United States of America
What are the implications of a federal court finding that a claim against the US Environmental Protection Agency (R.R.A) contained subclaims that include a claim that would have been substantially reduced to a reduction in greenhouse gas emissions?
MultiRegion, United States of America
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident?
California, United States of America
What are the consequences of taking unnecessary precautions to prevent accidents?
Saskatchewan, Canada
What is the test for conspiracy to commit a crime?
California, United States of America
What is the constitutional rule relating to announcement and entry?
MultiRegion, United States of America
How much will a testatrix leave out of her estate to certain friends and neighbours?
British Columbia, Canada
What is the meaning of the term "abuse of discretion" and what is the effect of it?
MultiRegion, United States of America
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25?
British Columbia, Canada
What is the difference between a court-appointed or volunteer amicus curiae in a custody case?
Alberta, Canada
Is a cause of action arising from protected activity within the meaning of section 425.16?
California, United States of America
What are the guidelines used by the Ministry of Transport in deciding whether to approve or approve the use of the Guidelines?
Canada (Federal), Canada
What is the legal basis for spousal maintenance?
British Columbia, Canada
What is the standard for improperly appealing to the passion and prejudice of the jury during the penalty phase?
California, United States of America
Is a waiver of a statutory right to appeal valid if knowingly and voluntarily made?
MultiRegion, United States of America
What is the effect of a waiver of the psychotherapist-patient privilege on a sex offender's probation?
California, United States of America
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty?
California, United States of America
What is the standard of evidentiary hearing in a federal habeas petition?
MultiRegion, United States of America
Is a trial counsel's error in failing to object to the testimony of a police officer prejudicial to defendant?
California, United States of America
When will a registrar refuse to register a mortgage or a caveat for a patent which is not of record in his office?
Saskatchewan, Canada
What is the test for determining whether work is a primary cause of a worker’s disability?
British Columbia, Canada
What are the factors used to determine whether a defendant has a prior conviction for sexual assault?
California, United States of America
Does a debtor have to make a choice over whether to accept or accept a debtor's debt?
Saskatchewan, Canada
What are some cases where domestic abuse evidence has been found admissible to explain a defendant's motive to commit an arson attack?
MultiRegion, United States of America
What are the elements of the tort of negligence?
Newfoundland and Labrador, Canada
What is the role of a judge at an extradition hearing?
British Columbia, Canada
What is the impact of a long-standing parental dispute on a child?
British Columbia, Canada
What is the test for making a threat to strike the chairman of a meeting?
Newfoundland and Labrador, Canada
What are some of the most recent judgments in the history of Canadian employment law?
Canada (Federal), Canada
Can subsection 83(1) of the Charter bar appeal of an interlocutory order?
Canada (Federal), Canada
What is the standard of representation in a pro se complaint?
MultiRegion, United States of America
What is the test for determining the appropriate amount of restitution in a personal injury action?
California, United States of America
Is a defendant's conflict of interest with the public defender's office sufficient to compel the appointment of substitute counsel?
California, United States of America
What are the costs of a successful moving party in a motor vehicle accident claim?
Ontario, Canada
Can a defendant appeal against a finding of error in his motion for personal injury?
California, United States of America
Can witnesses be granted immunity on the condition they testify truthfully or be subject to prosecution for perjury?
California, United States of America
Is a stay of a civil rights action pending exhaustion of his habeas remedies reviewable as a collateral order?
MultiRegion, United States of America
What is the test for a motion to quash a conviction for possession of drugs with intent to pervert the course of justice?
MultiRegion, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury made by a prosecutor during trial?
California, United States of America
What constitutes wilful misconduct by an attorney who misappropriated client funds?
California, United States of America
What is the common law duty of a driver to keep a proper look-out and take reasonable precautions?
British Columbia, Canada
What is the test for establishing a violation of the rule of reason?
MultiRegion, United States of America
What is the test for establishing cost of future care?
British Columbia, Canada
What is the trier of fact on circumstantial evidence?
Ontario, Canada
What is the test for determining whether a motor vehicle is a vehicle that causes an adverse effect on interstate commerce?
MultiRegion, United States of America
When will the court rely on property assessments in a family law case?
British Columbia, Canada
What is the test for assessing damages for personal injuries in a motor vehicle accident?
Alberta, Canada
What is the test for probable cause to arrest?
California, United States of America
Does a court have to review the record of a prior conviction to determine whether a defendant committed certain conduct, even though it was not an element of the crime?
California, United States of America
Is there any case law in support of the Fifth Amendment protecting voluntary witnesses from cross-examination?
California, United States of America
What is the test to establish a Charter violation?
British Columbia, Canada
What is the test for a charge of attempted wilful, deliberate and premeditated murder?
California, United States of America
In what circumstances will a jury overturn a conviction for first degree murder based solely on the later intercourse with the victim's body?
California, United States of America
What is the test for plain view doctrine in the context of search and seizure cases?
MultiRegion, United States of America
Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract?
Ontario, Canada
Can a company be held liable to an employee for failing to prevent sexual harassment?
California, United States of America
What is the test for consent under the Fourth Amendment?
California, United States of America
Does the government have a privilege to withhold from disclosing the identity of an informer?
MultiRegion, United States of America
What is the effect of the Court of Appeal's decision not to grant defendant a motion to appeal against his sentence?
California, United States of America
Are misrepresentations made by the deceased in responding to the health question form sufficient to prove fraud?
British Columbia, Canada
What is the statute of limitations for a collateral challenge under AEDPA?
MultiRegion, United States of America
In what circumstances will a broker be required to prove that no advantage has been taken by the broker to the client?
Ontario, Canada
What is the test for determining whether a person who makes a threat to kill has been found to be in sustained fear?
California, United States of America
What is the current state of the law on maintaining a collector vehicle?
British Columbia, Canada
How has the defence of qualified privilege been argued?
British Columbia, Canada
Can a judge or magistrate strike or dismiss a prior conviction for sentencing purposes?
California, United States of America
In what circumstances will a jury consider "other crimes" in determining a defendant's sentence?
California, United States of America
Is a defendant liable for causing the death of a pedestrian who was struck by a train while crossing the right-of-way?
California, United States of America
Can a court officer be sued for gross misconduct for failing to properly investigate a witness in a civil case?
MultiRegion, United States of America
What are the legal principles relevant to the issue of under employment?
British Columbia, Canada
What is the test for a stalking conviction under section 654 of the California Criminal Code?
California, United States of America
Does section 1603 of the California Penal Code require a trial court to grant outpatient status?
California, United States of America
Does a plaintiff have to sign a copy of Page 51 of the Plaintiff's Statement of Rights?
California, United States of America
What is the test for re-examining a finding of facts in a sexual assault case?
California, United States of America
What is the test for abuse of reason in marriage law?
California, United States of America
What constitutes a search pursuant to a warrant to search a given area for specified objects?
"New York", United States of America
What is the quantum of support for a husband who has a long-term disability?
Ontario, Canada
What is the test for dismissing an appeal from the Court of Appeal?
California, United States of America
Is a defense's failure to cross-examine a prosecution witness harmless?
MultiRegion, United States of America
What is the burden of proving that Defendant's outrageous conduct caused plaintiff emotional distress?
MultiRegion, United States of America
Is there any case law where a defendant's trial counsel failed to argue that mention of the death penalty prior to his second confession was coercive?
California, United States of America
What is the burden of proving every fact essential to the relief requested?
California, United States of America
What is the test for dismissal of a claim for damages brought by a plaintiff against a police department?
MultiRegion, United States of America
Is a witness who gave inadmissible opinion testimony on the central question of whether a defendant was guilty of a charge of gang enhancement a claim of erroneous admission of evidence?
California, United States of America
What is the test for determining whether an instruction was prejudicial?
California, United States of America
Can an officer make an arrest without a directive or request from another officer or agency?
California, United States of America
How have courts dealt with a teenager’s preferences?
Ontario, Canada
Does Section 1101 of the California Criminal Code allow evidence of prior drug dealing to prove a defendant's propensity or bad character?
California, United States of America
Does a motion to discharge counsel at a parole violation hearing need to be heard before a parole board hearing?
California, United States of America
What is the difference between individual plaintiffs and corporate defendants?
British Columbia, Canada
What is the test for a jury to be instructed that the prosecution must prove that a particular element of a case must be proven?
California, United States of America
In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding?
British Columbia, Canada
What is the test for knowingly making a false statement of fact in a perjury trial?
California, United States of America
Is a certificate of probable cause sufficient to grant appellate review of a claim?
California, United States of America
What is the test for dismissing a charge on the grounds of precharging delay?
California, United States of America
Does a mortgagee have an equitable mortgage?
Ontario, Canada
How have courts treated the "reasonable person" standard in the context of the reasonable person test?
California, United States of America
What is the test for certification of a national class action?
Northwest Territories, Canada
What is the role of intervenor in an appeal?
British Columbia, Canada
What is the test for a jury to find a defendant guilty beyond a reasonable doubt?
California, United States of America
Does section 1538.5, subdivision (d) of the California Penal Code prohibit refiling the same charges that were dismissed because of a suppression ruling?
California, United States of America
What is the test for obtaining the return of a wife's title to her husband's business creditors?
British Columbia, Canada
What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person?
California, United States of America
What is the impact of a witness's immigration history on his credibility as a witness?
California, United States of America
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder?
California, United States of America
What is the meaning of the term "error of jurisdiction" in the context of judicial review?
British Columbia, Canada
What is the test for fraudulent conveyances?
Ontario, Canada
What are the reasons given by the trial court for a finding that a plaintiff's claim is invalid?
California, United States of America
What is the test for a federal judge's decision to depart from the sentencing of a convicted rapist?
MultiRegion, United States of America
Is a judgment disposed of all nine causes of action and appealable under the one final judgment rule?
California, United States of America
What is the duty of the trial court to instruct the jury on general principles of law relevant to the case?
California, United States of America
How have the courts treated evidence which allegedly had been erroneously excluded?
MultiRegion, United States of America
Does Section 1170.18 of the California Penal Code apply to defendants who would have been guilty of a misdemeanor under Proposition 47?
California, United States of America
Is there any case law that supports the argument that formality is more important than formality?
Alberta, Canada
What are the consequences of a husband's failure to provide a summary of the significant facts in a brief?
California, United States of America
What is the current state of the law on loss of future earnings capacity?
British Columbia, Canada
What are the reasons the prosecutor relied upon for seeking the death penalty?
California, United States of America
Does the fear of being impeached prevent a defendant from testifying?
California, United States of America
When will a court instruct on voluntary or involuntary manslaughter, assault with a deadly weapon, or any other lesser offense?
California, United States of America
What is the current state of the law on child protection for minor children?
California, United States of America
What is the full transcript of the trial of a defendant in a civil case?
California, United States of America
What is the penalty for a failure to respond citation?
British Columbia, Canada
Can a corporation be held individually liable for actions that violate the antitrust laws?
California, United States of America
Can a police officer preserve handwritten notes on a criminal defendant?
California, United States of America
Can uniformed police officers attend the opening statements of a criminal trial?
California, United States of America
What is the test for reinstatement of a criminal conviction under Section 30(1)(e) of the Criminal Code?
MultiRegion, United States of America
What is the test for knowledge of an individual to have known of an unusual danger?
Saskatchewan, Canada
What is the test for a plaintiff to successfully sue for damages arising from an alleged retaliatory action?
MultiRegion, United States of America
Does the referral to adjudication occur after the 40-day deadline prescribed by the Regulations?
Canada (Federal), Canada
What is the test for oral history evidence in civil law?
British Columbia, Canada
What is the test for establishing a duty of care in a motor vehicle accident?
Alberta, Canada
Does a judge have the power to sentence a convicted criminal to lifetime probation without the consent and recommendation of a district attorney?
"New York", United States of America
What rights does a defendant prosecuted by indictment still have?
California, United States of America
What is the burden of proving a defendant's intent and knowledge in the context of a charge of possession of a Class A drug?
California, United States of America
In a sexual harassment case brought against CRST, what is the test for admitting or excluding "me too" witness evidence?
California, United States of America
Is a warranty made at the time of sale a warranty if it appears to have been intended and understood by the parties?
Saskatchewan, Canada
What is the test for finding a person guilty of sexual assault?
California, United States of America
Is a jury instruction misstated the elements of a crime in relation to the use of a firearm?
MultiRegion, United States of America
Can general deterrence be considered as a factor for sentencing?
Saskatchewan, Canada
What is the standard of review in the context of a motion for review in a sexual assault case-in-chief?
California, United States of America
Does a potential or de facto defendant have to testify before a grand jury?
MultiRegion, United States of America
What is the test for exclusion of future civil litigation evidence in a medical malpractice case?
California, United States of America
Can a defendant's continued criminal conduct be considered evidence of a lack of remorse for the crime of sexual assault?
MultiRegion, United States of America
Does the court have the power to remand the Commissioner of Social Security for further proceedings?
MultiRegion, United States of America
What is the test for a plaintiff to amend their complaint?
California, United States of America
Is it misconduct to ask a witness to comment on their own credibility?
California, United States of America
Does a wife's homestead declaration need to expressly state that the homestead is for the joint benefit of herself and her husband?
California, United States of America
What are the implications of a court's failure to conduct a Marsden inquiry into the reasons for defendant's dissatisfaction with counsel?
California, United States of America
What is the test for determining relevancy and admissibility of evidence in a sexual assault case?
California, United States of America
What is the meaning of the term "exclusive right" in the context of the Competition and Markets Act?
MultiRegion, United States of America
Is ineffective assistance of counsel ineffective on appeal?
California, United States of America
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action?
Ontario, Canada
Does the use of custodial status as a selection factor for the death penalty violate the Eighth Amendment?
California, United States of America
What is the liability of a municipality for failing to keep a public thoroughfare safe for pedestrians?
"New York", United States of America
Is evidence of a witness's fear of retaliation admissible?
California, United States of America
Is there any evidence defense counsel was ineffective because his penalty phase argument was brief?
California, United States of America
What is the state of the law on next-friend standing in the context of habeas corpus?
MultiRegion, United States of America
What are the findings of the Court of Appeal in assessing the conduct of appellant's attorney?
California, United States of America
Can a court restrain a breach of confidence?
British Columbia, Canada
Does section 1717 of the California Civil Code require attorney's fees in the event of a tort claim by third parties?
California, United States of America
What is the test for "extra caution" in a motor vehicle accident?
British Columbia, Canada
What is the test for a jury to acquit a defendant on appeal?
California, United States of America
What is the current state of the law on the power of the Court of Appeal in managing litigation?
Ontario, Canada
What are the consequences of Scotia Life Insurance Company’s failure to pay the costs of ScotiaLife?
Ontario, Canada
What is the burden of proving the voluntariness of a defendant in a civil case?
California, United States of America
What is the test for finding unfairness in the division of property under the current Family Law Act?
British Columbia, Canada
What is the effect of a decision by the Court of Appeal on a motion for a retrial where new evidence has not been presented?
California, United States of America
What is the test for a defendant to stand out from the other defendants in a witness box?
California, United States of America
What is the test for the exclusion of a letter in a personal injury case?
California, United States of America
What are the elements for general damages for time loss in a personal injury case?
Saskatchewan, Canada
What is the test of relevance in a civil case?
California, United States of America
Does the Constitution require a state to appoint counsel for indigent prisoners seeking state post-conviction relief?
MultiRegion, United States of America
In what circumstances will competent counsel be able to provide mitigating evidence in a murder case?
California, United States of America
What is the defense of illegality in the context of a modification agreement?
California, United States of America
Can a defendant at trial confront the prosecution witness?
California, United States of America
What is the current state of the law on "immediate hazard" under s. 175(1)(a) of the BC Transportation Act?
British Columbia, Canada
What is the current state of the law in relation to the treatment of a prisoner in prison?
MultiRegion, United States of America
Is there any case law where simple possession instructions were not given?
California, United States of America
What is the determinative issue on this application?
Canada (Federal), Canada
Can a defendant move to disqualify a prosecuting attorney or entire prosecuting agency?
California, United States of America
Is it an error in principle to award substantial indemnity costs when a defendant has a meritorious defence?
Ontario, Canada
What is the test for a motion to have a defendant's criminal record reviewed at sentencing?
California, United States of America
What is the effect of an affidavit in the context of access issues?
British Columbia, Canada
Can a living plaintiff recover damages for lost years?
Nova Scotia, Canada
What is the test for reversal of a conviction for gross misconduct in a criminal case?
California, United States of America
What is the threshold for a plaintiff to be denied employment because of a motor vehicle accident?
British Columbia, Canada
How have courts dealt with a motion for a new appointed counsel to replace the appointed public defender?
California, United States of America
What is the test for amending a medical malpractice complaint?
MultiRegion, United States of America
In what circumstances will a local authority be able to conduct its own inquiry?
Ontario, Canada
