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.
Is impecuniosity a valid defence to a plea of failure to mitigate?
New Brunswick, Canada
What is the test for triggering a section 7 right under the Charter?
Ontario, Canada
Is withdrawal of use of a company vehicle a breach of an employment contract?
Ontario, Canada
What is the test for establishing a trust in a deed?
California, United States of America
Can a Commissioner of Justice defend his decision to refuse to grant a unionized union a vote to strike?
Alberta, Canada
What is the test for a motion challenging the imposition of a condition of supervised release for abuse of discretion?
MultiRegion, United States of America
Can an issue not presented to the district court be raised for the first time on appeal?
MultiRegion, United States of America
What are the requirements of a state to provide access to the courts for the purposes of a civil rights application?
MultiRegion, United States of America
Does the trial court improperly calculate the amount of post-judgment interest in a motion to vacate?
California, United States of America
Is an inmate entitled to sue for damages in the form of wrongful imprisonment?
MultiRegion, United States of America
Is this an exceptional case in which a civil proceeding is stayed?
British Columbia, Canada
Is a gross-up subject to res judicata?
British Columbia, Canada
How have the petitioners been held responsible for procedural irregularities in their review of their petition?
California, United States of America
What is the threshold question for a marriage to be valid?
British Columbia, Canada
How have the courts treated a motion to exclude statements that allege that a defendant was questioned in violation of Miranda?
California, United States of America
Can an employer recover damages from an employee who damages a vehicle?
British Columbia, Canada
What is the limitation period for an action under s. 6(4)?
British Columbia, Canada
Is there any case law where simple possession instructions were not given?
California, United States of America
Is cigar smoke in a condominium unit a nuisance?
Saskatchewan, Canada
What is the test for ordering a party to pay attorney's fees in a personal injury action?
California, United States of America
In what circumstances will a conspiracy to commit second-degree murder be disapproved?
California, United States of America
What is the impact of a secondary stage interview on an application?
Canada (Federal), Canada
Can a reasonable trier of fact have found the essential elements of the crime beyond a reasonable doubt?
California, United States of America
How has the court calculated lump sum arrears under the BCSC 500 retroactive period?
British Columbia, Canada
Is a defendant entitled to a hearing for attorney's fees under section 987.8(f) of the California Criminal Code?
California, United States of America
Does the Bureau of Investigation (BIA) have the authority to refuse to reopen a motion to reopen proceedings on the basis of lack of notice?
MultiRegion, United States of America
Does a strata have to indemnify the owner for expenses arising from a water leak from a toilet in his strata lot?
British Columbia, Canada
What is the impact of race on a child's cultural identity?
Ontario, Canada
What is the test for judicial review of legislative motives?
California, United States of America
What is the legal basis for federal jurisdiction over Indian land?
California, United States of America
Can an actuarial surplus in the Trust Fund be realized in violation of the terms of the Plan?
Ontario, Canada
In what circumstances will a court in Canada appoint counsel in Poland to represent the interests of the respondent in the Court of Appeal?
Ontario, Canada
What is the test for non-compensationary support in a dissolution action?
British Columbia, Canada
Can a jury at a sexual assault trial determine the burden of proof based on the testimony of the complaining witness alone?
California, United States of America
Is the Fourth Amendment implicated when an officer asks to see an individual's identification card?
California, United States of America
Is a stipulated custody order a final judicial custody determination for purposes of the changed circumstance rule?
California, United States of America
Can a police officer frisk a woman for having a gun in her waistband?
"New York", United States of America
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
What is the test for enforcing a foreign judgment in an action in personam?
Saskatchewan, Canada
What is the test for retaining jurisdiction over a state law claim?
MultiRegion, United States of America
Can a city police officer investigate suspected wrongdoing in the city?
California, United States of America
What constitutes a burglary if a defendant enters a bedroom within a single family residence?
California, United States of America
Can a probation condition prohibit a defendant from associating with any member of a criminal street gang?
California, United States of America
What is the test for aggravated assault against a peace officer?
California, United States of America
What are the torts for spoliation of evidence in a wrongful death/medical malpractice action?
California, United States of America
What is the test for standing in a civil action brought by a plaintiff against Metropolitan Insurance Company?
MultiRegion, United States of America
What is the test for making a declaration of rights under the first cause of action?
California, United States of America
What is the appropriate sentence for dissuading a witness?
California, United States of America
What is the test for making an unequivocal, unconditional, immediate, unconditional and specific threat of imminent execution of a threat?
California, United States of America
Can a plaintiff continue an action in disregard of the provisions of Section 1983 of the Federal Civil Rights Act?
California, United States of America
Is a malicious prosecution suit subject to the anti-SLAPP statute?
California, United States of America
In a medical negligence case, does an expert have to establish the appropriate standard of care?
California, United States of America
What is the effect of dismissing a federal habeas petition on the merits?
MultiRegion, United States of America
What is the test for paying both bills in a personal injury action?
British Columbia, Canada
Does the fact of a prior conviction preclude a defendant from standing trial?
California, United States of America
What is the difference between a promissory estoppel action and a breach of contract action?
California, United States of America
What is the impact of maximum contact on the analysis of child protection legislation?
British Columbia, Canada
Does a specific intent instruction need to be given by the court, sua sponte?
California, United States of America
Can a mortgagee who obtains possession of the mortgaged premises defend his possession in ejectment until his mortgage is paid?
"New York", United States of America
What is the test for overturning a conviction on a RICO charge of racketeering?
MultiRegion, United States of America
What proportion of the total costs relating to the lease issue and damages?
British Columbia, Canada
Can a defense counsel substitute an alternate juror after the jury has retired to deliberate?
"New York", United States of America
In calculating the amount of lump sum payments made by the wife to the husband on a lump sum lump sum payment, is the wife entitled to periodic maintenance payments?
Alberta, Canada
Is there a reasonable prospect of success in a discrimination claim brought by an employee who believes that he was not hired because of his age and/or place origin?
British Columbia, Canada
Can the full amount bill for past medical treatment be introduced as evidence of the reasonable cost of future medical care?
MultiRegion, United States of America
Can an arbitrator determine that conduct in 2006 in relation to disability was discriminatory?
Ontario, Canada
Can a sentence of 6 years imprisonment be served consecutively?
Alberta, Canada
What is the test for admitting or excluding expert testimony at trial?
California, United States of America
Can a shareholder bring a claim in tort alleging conspiracy?
Alberta, Canada
Can we reverse if the evidence supports the reasonable inference that by giving a nod to a witness that the witness was guilty of perjury?
MultiRegion, 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
What is the test for determining cause of action in civil cases?
MultiRegion, United States of America
Does discovery not reveal whether this conduct occurred within or without the statute of limitations?
MultiRegion, United States of America
What is the test for determining whether a defendant is liable for an injury caused by an intervening cause?
California, United States of America
What is the test for a plaintiff to claim for loss of earning capacity?
British Columbia, Canada
What are the requirements for a pleading in a civil case?
MultiRegion, United States of America
What is reasonable doubt in a sexual assault case?
Alberta, Canada
Does a defendant have to affirmatively state that he understood his Miranda rights?
California, United States of America
What is the effect of a district court's dismissal of a 28.S.C. Sec.H.2254 habeas corpus petition?
MultiRegion, United States of America
What is the burden of driving with due care and attention?
British Columbia, Canada
Does the favorable termination rule apply in the context of malicious prosecution?
MultiRegion, United States of America
What is sufficient evidence in a sexual assault case?
California, United States of America
Is there any case law where a judge has a wide range of opinions regarding prejudice?
MultiRegion, United States of America
What is the legal test used to determine the sufficiency of evidence to support a conviction?
California, United States of America
Is a motion for acquittal necessary at the end of the evidence?
MultiRegion, United States of America
How have the courts treated jury affidavits in the past?
California, United States of America
What is the test for withholding the removal of a person convicted of a particularly serious crime?
MultiRegion, United States of America
What is the limitation period on a plaintiff’s claim in pith and substance?
New Brunswick, Canada
What factors are considered to determine whether a plaintiff can bring a claim in a different venue?
MultiRegion, United States of America
Can a defendant avoid liability by claiming that he did not have the requisite knowledge of a substantial risk of harm?
MultiRegion, United States of America
What is the test for a motion to amend or amend a Complaint to include a claim under Section 1983 of the Federal Trade Commission Act?
MultiRegion, United States of America
What is the test for obtaining leave under section 140(4)(a) of the Revenue and Customs Act?
Ontario, Canada
What is the impact of social media technology on a parent's ability to move away with their children?
Ontario, Canada
What is the relevance of gang membership in the context of criminal charges?
California, United States of America
Can a person be charged with possession of a Class A drug under section 3583(g) of the Criminal Code?
MultiRegion, United States of America
Can a public entity discharge an employee because he exercised a statutory right to join an employees' organization?
California, United States of America
What are the implications of a motion under section 1170.95 for resentencing of a murder conviction?
California, United States of America
If defendant earns the minimum amount required by the Court to complete his sentence, can he continue to work in the food service industry once he is released from prison?
California, United States of America
Does an order on attorney fees have to be reversed if the underlying award is reversed?
California, United States of America
How have the courts dealt with the suppression of evidence in a search warrant application?
MultiRegion, United States of America
What is the test for determining whether a child is still a "child" when it comes to child support?
British Columbia, Canada
Is a municipal by-law that seeks to amend the criminal code to criminalise prostitution unconstitutional or ultra vires?
British Columbia, Canada
In what circumstances can the court award special costs in a personal injury case?
British Columbia, Canada
Is a motion for summary judgment a genuine issue requiring a trial?
Alberta, Canada
Can a jury infer that a defendant was lying to police about his actions at the time of the crime?
California, United States of America
What is the test for a child's habitual residence in a state where both parents lived together with the child?
Ontario, Canada
How have courts dealt with the issue of medical malpractice?
California, United States of America
What is the test for appointing a new attorney?
California, United States of America
What are the implications of the Eighth Amendment in the context of medical malpractice cases?
MultiRegion, United States of America
Is the federal Constitution not violated by not requiring a penalty phase jury to reach unanimity on the basis of aggravating factors?
California, United States of America
In what circumstances will a court order that identifies a custodial parent?
Nova Scotia, Canada
What are the requirements of a court for in camera review of a law enforcement officer's personnel file?
California, United States of America
Is there any case law where a plaintiff has standing to bring an action alleging that they have been denied standing by the Court?
California, United States of America
Is there any case law where a defendant who is charged with a felony must be personally present at trial?
MultiRegion, United States of America
How have the facts been determined in a civil case?
California, United States of America
Can an application for no fee status be denied if the underlying claim lacks merit?
British Columbia, Canada
What is the prima facie evidence that a person intends to reside and live in that location?
Alberta, Canada
Does a reference to her custodial status undermine the presumption of innocence?
MultiRegion, United States of America
What is the test for probable cause for arrest when investigating drug dealing?
California, United States of America
What is the testator's reason for giving evidence in a personal injury case?
British Columbia, Canada
Can a waiver of tort claim be assessed in the aggregate?
Ontario, Canada
What is the current state of the law on sexual assault in prison?
California, United States of America
What rights does a probation officer have to a defendant in a civil case?
California, United States of America
Is a debtor required to disclose all causes of action to the bankruptcy court?
federal, United States of America
What is the burden of proving an affiant's knowledge of falsity?
California, United States of America
What is the test for an affidavit to be used in criminal proceedings?
MultiRegion, United States of America
Is there sufficient evidence to convict plaintiff Tom Sitton on either conspiracy or possession with intent to distribute?
MultiRegion, United States of America
If a jury is inadvertently given and considers extraneous evidence, can the error be reversible?
California, United States of America
What remedies may be used to prevent a witness from testifying in a civil trial?
California, United States of America
What is the equalization of pension payments for the husband and wife?
Nova Scotia, Canada
What is the standard of care in medical negligence cases?
British Columbia, Canada
What is the test for a motion to reopen a hearing and, if so, what is the relevant new evidence?
MultiRegion, United States of America
What is the applicable standard of review for a registration order under section 290.006?
California, United States of America
Is there a greater risk to an officer from a traffic stop when there are passengers in the car?
California, United States of America
Does a prosecutor have to argue that the jury should consider mitigating defense evidence in aggravation?
California, United States of America
What is the test for determining whether a section of legislation that discriminates against an applicant based on race, ethnicity, nationality, race, gender, ethnicity or nationality violates section 15 of the Charter?
British Columbia, Canada
What are the material facts in a personal injury case?
British Columbia, Canada
What is the test for a motion to amend a medical malpractice claim?
MultiRegion, United States of America
Is there any authority for the proposition that a trial court must instruct the jury regarding crimes that do not constitute sexually violent predatory criminal behavior?
California, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
Is a waiver of rights made voluntarily or intelligently?
California, United States of America
Can damages be awarded in addition to specific performance?
British Columbia, Canada
What is the test for vagueness in a criminal statute?
MultiRegion, United States of America
What is the legal test for a charge of conspiracy to commit second-degree murder?
California, United States of America
Is a prisoner entitled to the same rights as a general public as he is entitled to be?
MultiRegion, United States of America
What is the mitigation test for medical malpractice?
British Columbia, Canada
What is the test for inadmissible evidence in a personal injury case?
California, United States of America
What is the range of return to work barriers for a contractor who is unable to work with the public or suppliers either in person or on the telephone?
Alberta, Canada
What is the legal test for a plaintiff to have a valid reason to sue for damages under section 657 of the Code of Civil Procedure?
California, United States of America
Does s.32 and the Rules of Civil Procedure apply to separate actions in a Statement of Claim and Counterclaim?
Alberta, Canada
Is Reardon an expert who would advise the jury on the adequacy of provocation?
California, United States of America
What is the test for severing liability and quantum issues in this trial?
British Columbia, Canada
What is the intention of a debtor making a disposition that is intended to defeat, hinder or delay his creditors?
Ontario, Canada
What is the test for a detention under the Fourth Amendment?
California, United States of America
Does a crime of rape, kidnapping require a live victim?
California, United States of America
What is an option in a contract?
Saskatchewan, Canada
Are prior and at the time of purchase declarations admissible as evidence for or against the party who made them?
British Columbia, Canada
What is the test for abrogation of a clause in a precluded condition in a testamentary notice of death?
Ontario, Canada
Does the Agency Holding Rule change apply to an amended complaint?
MultiRegion, United States of America
In a buy-and-bust situation, can a defendant deny participating in the drug transaction and deny that he or she was standing on the street at the time of arrest?
"New York", United States of America
Does Section 190.3 of the California Code of Civil Procedure apply to a defendant in a death penalty case?
California, United States of America
What is the duty of an attorney to obtain a psychiatric examination in a personal injury case?
California, United States of America
What are the elements of assault with a firearm and specific intent to kill?
California, United States of America
What is the test for future damages in a motor vehicle accident?
California, United States of America
What is the current state of the law regarding the right of meaningful access to the courts?
MultiRegion, United States of America
What is the test for determining whether a snowmobile or snowmobile was involved in a collision with a snowboarder?
California, United States of America
Does the Court have jurisdiction to set aside a final order from the Board of Arbitration for Sport?
British Columbia, Canada
What is the legal test for ineffective representation of a criminal defendant?
California, United States of America
Is understanding the effect of a personal injury agreement sufficient to satisfy the requirement for independent legal advice?
British Columbia, Canada
What are the consequences of prosecutorial misconduct when a defendant's conviction for assault is overturned?
California, United States of America
What is the test for an application under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
Does the third standard of review apply when a motion is brought against the Attorney General alleging misconduct?
MultiRegion, United States of America
What is the standard of proof for assessing damages for loss or impairment of earning capacity?
Ontario, Canada
What is the difference between full disclosure for the purposes of pleading and full disclosure at the trial stage?
Manitoba, Canada
What constitutes a procedural error in a federal district court's sentencing process?
MultiRegion, United States of America
What is the test for an action against a board of trustees by a principal of a school?
California, United States of America
What is the test for a motion to suspend criminal proceedings pursuant to Section 1368 of the California Criminal Code?
California, United States of America
Can a plaintiff be denied pre-judgment interest for a period of three years?
Alberta, Canada
Is prior domestic violence prejudicial in a criminal case?
California, United States of America
What is the test for initial application for custody and residency?
British Columbia, Canada
What is the proper procedure for bringing a request for judicial notice before the court?
California, United States of America
Can an employer make an employment decision based on any "record of an arrest that did not result in a conviction"?
California, United States of America
What is the test for a motion to extend the date of trial?
California, United States of America
What are the limits of a personal injury policy?
California, United States of America
What is the legal test for cost recovery in a family law case?
Ontario, Canada
What are the relevant statutory references to the Penal Code in the context of sexual assault cases?
California, United States of America
Can a plaintiff waive their right to a statement of decision?
California, United States of America
What is the test for calculating damages for personal injury in a personal injury case?
British Columbia, Canada
Does a federal district court commit reversible error by failing to give a jury a self-defense jury instruction?
MultiRegion, United States of America
What is the test for a motion to obtain an interim injunction?
British Columbia, Canada
Can a family corporation be imputed on income imputation if it has not provided additional benefits?
Ontario, Canada
What is the test for entitlement to a non-earner benefit?
Ontario, Canada
What is the quantum of damages for defamation?
Alberta, Canada
Are there any cases where a condition in a medical malpractice application has been modified to include a requirement of express knowledge?
California, United States of America
What is the difference between a waiver and a forfeiture?
California, United States of America
Can a plaintiff bring a common law action for negligence against a company director who is also a nurse?
California, United States of America
Can a defendant be convicted of leaving the scene of a single collision where there was no dispute that there was only one accident?
California, United States of America
What is the test for overturning a finding of admissibility of evidence on appeal?
California, United States of America
What is the scope of a motion under Rule 23.01(1)(a)?
New Brunswick, Canada
What is the test for admitting evidence of uncharged misconduct in a sexual assault case?
California, United States of America
