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 factors will be considered in assessing credibility of a news report?
British Columbia, Canada
When can an appeal be based entirely on the factual findings of the trial judge?
British Columbia, Canada
What is the test for habeas corpus relief under AEDPA?
MultiRegion, United States of America
What is the standard of review for appeal from an administrative decision on a question of law alone?
Ontario, Canada
What is the test for a de novo a due process claim involving the government's failure to preserve potentially exculpatory evidence?
MultiRegion, United States of America
Is there any gaps between a plaintiff’s medical visits?
British Columbia, Canada
Is there any case law where a police officer admitted to admitting that a post-arrest interview of Faulkenbery was conducted without a written statement?
MultiRegion, United States of America
What is the test for a plaintiff to seek punitive damages in a motor vehicle accident?
"New York", United States of America
What is the test for restricting cross-examination in a criminal case?
California, United States of America
Can a defendant object to double punishment under section 654 of the California Penal Code?
California, United States of America
What is the test for a motion under section 1016.5, subdivision (b) for abuse of discretion?
California, United States of America
Does a defendant's failure to object on grounds of prosecutorial misconduct forfeits the issue?
California, United States of America
How have the courts in Monmouthshire dealt with the issue of an application by the mayor of a town council?
Saskatchewan, Canada
What is the scope of a federal agency's "action area" and what is the test for determining its scope?
MultiRegion, United States of America
What is relevant evidence in the context of a defendant's right to a fair trial?
California, United States of America
What is a master’s duty towards his servant?
Saskatchewan, Canada
What is the test for determining whether a defendant's sentence is too lenient?
MultiRegion, United States of America
What is permissible police intrusion of an individual?
"New York", United States of America
How have the courts treated objections to paragraphs in the affidavits of the father in a custody/access matter?
Nova Scotia, Canada
Can a police officer detain and question a person?
California, United States of America
What is the test for reducing first degree murder to second degree manslaughter?
California, United States of America
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code?
Canada (Federal), Canada
What is the current state of the law on the right to make public criticism of the government policy?
Canada (Federal), Canada
What is the test for determining whether a person can be held liable for damages caused by a cat in an enclosure?
Saskatchewan, Canada
Is a judge's discretion to strike or vacate prior felony convictions in furtherance of justice limited?
California, United States of America
Does issue estoppel prevent an appellant from seeking nunc pro tunc relief?
Ontario, Canada
Does presence at the scene of a crime nor knowledge of the crime, but failure to prevent it, constitute aiding and abetting?
California, United States of America
Can an action for wrongful dismissal be brought after the statute of limitations has expired?
California, United States of America
Is a failure to preserve or collect only potentially useful evidence a denial of due process?
MultiRegion, United States of America
Can evidence of a defendant's past sexual past be considered in a sexual assault case?
California, United States of America
What obligation does a bank have in dealing with an illegal transaction?
MultiRegion, United States of America
Is there a sufficient factual basis to support an allegation that appellant personally inflicted great bodily injury within section 1192.7, subdivision (c) of the California Criminal Code?
California, United States of America
Is gawking, pointing and joking constitute a violation of the Eighth Amendment?
MultiRegion, United States of America
What is the test for a party alleging a Charter section 15 infringement?
British Columbia, Canada
What is the test for assessing damages in defamation cases?
British Columbia, Canada
Is interference justified on the basis that the trial judge misapprehended the evidence?
New Brunswick, Canada
In what circumstances will counsel be disqualified as a witness?
Ontario, Canada
What is the effect of Section 996 of the California Code of Civil Procedure on the defence of consent?
California, United States of America
What constitutes prosecutorial misconduct under the Fourteenth Amendment?
California, United States of America
What is the test for retraining a plaintiff in a motor vehicle accident?
British Columbia, Canada
Have third party rights been invoked to overcome the usual rules of causation and damage assessment in tort?
British Columbia, Canada
Is an instruction error harmless beyond a reasonable doubt?
California, United States of America
When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence?
California, United States of America
Does a defense counsel provide ineffective assistance by failing to seek to exclude statements on that ground?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
What is the test for finding a municipal authority liable for failing to provide adequate police training?
MultiRegion, United States of America
Does a defendant need to be given a Miranda warning before consenting to the administration of a chemical test?
"New York", United States of America
What is the liability of a corporation under section 3294 of the California Civil Code?
California, United States of America
What is the test for knowledge of a crime?
California, United States of America
What factors are considered by the courts in determining non-pecunciary damages in a motor vehicle accident?
British Columbia, Canada
Can an offer to settle substantive terms which also includes a pre-determination of costs pervert the analysis of Rule 18(14)?
Ontario, Canada
Does the position of a prosecuting officer in a criminal case have any influence or influence on the opinion of the jury?
MultiRegion, United States of America
What can an employer do to prevent violence at the workplace?
California, United States of America
What is the test for determining whether a store owner is liable for injuries sustained by a customer as a result of faulty lighting fixtures?
California, United States of America
Does a police officer have reasonable suspicion that an illegal gravity knife is illegal?
"New York", United States of America
How have the courts dealt with assault allegations in personal injury cases?
British Columbia, Canada
Does the doctrine of reasonable apprehension of bias operate without restriction?
Saskatchewan, Canada
Does a judge have any authority to grant a temporary restraining order against correctional officers that are allegedly harrassing and harassing a patient?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for determining what likely happened?
British Columbia, Canada
What is the test for alleging that an undercover officer fabricates information?
MultiRegion, United States of America
What is the test for assessing a lawyer’s account in a personal injury case?
Nova Scotia, Canada
In what circumstances will the court award equal division of family assets in a long-term marriage?
British Columbia, Canada
What is the standard for a law society to sanction a lawyer for making allegations that they have a sincerely held but mistaken legal position?
Canada (Federal), Canada
Does a jury need to "assume" or "presume" that the sentence in the penalty phase will be carried out?
California, United States of America
What is the test for a challenge to arbitrator’s jurisdiction?
British Columbia, Canada
What is the law on the definition of "under the influence of intoxicating liquor"?
California, United States of America
What is the test for a jury to convict a hit and run driver based on circumstantial evidence?
California, United States of America
Is a plaintiff barred from pursuing his constitutional claims in state court before the conclusion of his federal proceedings?
MultiRegion, United States of America
What is the test for a judge to exercise the Rule of Civil Procedure?
British Columbia, Canada
What is the impact of a child's separation from their parents?
British Columbia, Canada
What is the state of the law when it comes to waiver provisions?
MultiRegion, United States of America
What is the test for breaching a Charter right?
Alberta, Canada
Are there any cases where a child’s parents are not married?
Ontario, Canada
What is the threshold for a court-ordered mental health assessment?
Ontario, Canada
Is a plaintiff's refusal to seek the advice of counsel for the purposes of postponement or adjournment of a claim?
British Columbia, Canada
What is the good faith requirement for a parent to be considered in the context of a child relocation application?
British Columbia, Canada
Is there a separate action for loss of property based on conversion of a trailer without lawful justification?
Yukon, Canada
How has section 861 of the California Criminal Code been interpreted in the context of Section 861?
California, United States of America
Can a party plead inconsistent claims in a statement of claim?
British Columbia, Canada
What is the standard of review for a visa officer's decision?
Canada (Federal), Canada
Can a landlord evict a tenant who is charged with growing marijuana?
British Columbia, Canada
In what circumstances will a prosecutor be allowed to refer to allegations of sexual assault against a witness?
MultiRegion, United States of America
What is the difference between aiding and abettor and criminal conspiracy?
California, United States of America
What is the defence of reflex action in the context of reflex defence?
Ontario, Canada
How has probable cause been established to issue a universal summons?
"New York", United States of America
What is the burden of proof on the school even if the school prevails at the administrative hearing?
MultiRegion, United States of America
What is the test for abuse of discretion in a motion for partial satisfaction of a judgment?
California, United States of America
What is the effect of a demurrer to an amended complaint?
California, United States of America
What is a defendant's right to be personally present at trial?
California, United States of America
Is a wife who stays at home to care for her children entitled to a capital loss?
British Columbia, Canada
What is the test for identification of a person in a request for extradition from the United States?
British Columbia, Canada
How have the courts treated evidence under section 1101(b) in a sexual assault case?
California, United States of America
What is the effect of error in determining whether there was error at the time of trial?
MultiRegion, United States of America
What is the test for limiting federal courts to adjudicating "controversy between litigants"?
MultiRegion, United States of America
What is the test for a party alleging duress to prove they entered a marriage agreement because of duress?
British Columbia, Canada
What is the test for ordering a second examination of a plaintiff?
British Columbia, Canada
What is the current state of the law on open access to courts?
Prince Edward Island, Canada
What is the test for implied malice in the description of a first degree felony murder?
California, United States of America
Is an accessory after the fact a principal in the crime?
California, United States of America
Is an excerpt from a probation officer's report part of the record of conviction?
California, United States of America
What are the implications of a district court order granting preliminary injunctive relief?
MultiRegion, United States of America
Can a plaintiff avoid removal to federal court by "artfully pleading" their claims to omit references to federal law?
MultiRegion, United States of America
What is the test for proving that a prisoner has a serious medical need?
MultiRegion, United States of America
What factors will the court take into account when determining primary residence and shared parenting?
British Columbia, Canada
What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act?
California, United States of America
What is the test for a motion for a mistrial based on the results of a polygraph examination?
California, United States of America
What is the test for a motion for self-representation in a personal injury case?
California, United States of America
Can a defendant appeal against a finding that he failed to comply with a victim restitution order?
California, United States of America
What factors will be considered in determining the severity of a sexual assault charge?
New Brunswick, Canada
What is the effect of a retroactive award for damages against a father who was awarded in his own name?
Ontario, Canada
What is the test for a court to order a temporary order or custody order in a custody matter?
Ontario, Canada
In what circumstances will an action be remanded in a different court?
MultiRegion, United States of America
When will a court order a review of the sufficiency of evidence to support a judgment?
California, United States of America
What is the scope of the prosecution's rebuttal in its response to the defense's charge that the government's calculations were incorrect?
MultiRegion, United States of America
Can a federal court order a reversal and remand for resentencing for failing to comply with Rule 32(a)(1)(C) of the Criminal Code?
MultiRegion, United States of America
What is the test for determining whether a party's intention was intended?
British Columbia, Canada
Does the court have power to dismiss a civil action for failure to prosecute?
"New York", United States of America
What are the elements of a burglary?
California, United States of America
What is the effect of a strict adherence to the Forms?
British Columbia, Canada
What is the test for introducing a witness's prior recorded testimony?
California, United States of America
What is the test for establishing a “net worth” for income tax purposes?
Alberta, Canada
When a defendant is convicted of a charge of assault with intent to pervert the course of justice in a criminal case, is he entitled to full custody credit in the felony case?
California, United States of America
What is the test for pleading guilty to a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is the test for admissibility of evidence offered for the purpose of showing bias?
California, United States of America
What is the test for determining whether a motorcyclist is driving at high speed?
California, United States of America
What is the test for common sense in the context of the reasonable doubt standard?
California, United States of America
Does a failure to introduce mitigating evidence at the penalty phase constitute ineffective assistance of counsel?
California, United States of America
What is the test for cancelling or cancelling arrears?
British Columbia, Canada
Where the onus of proof regarding intention rests under section 7(1) of the Health and Social Care Act?
Manitoba, Canada
Can a defendant withdraw a guilty plea based on alleged coercion for abuse of discretion?
California, United States of America
What is the legal basis set out in a petition seeking to overturn a prohibition on driving under the influence of alcohol?
British Columbia, Canada
Is Bank of Montreal a factually distinguishable company from the Bank of Canada?
Ontario, Canada
Does section 654 of the Criminal Code of Justice bar multiple punishment enhancements for the same aspect of a criminal act?
California, United States of America
Is a forfeiture under the forfeiture rule exempt from the forfeiture rules?
California, United States of America
What is the appropriate sentence for a corporation convicted of a charge of common law fraud?
Ontario, Canada
Can a judge be disqualified for bias and prejudice?
MultiRegion, United States of America
What is the defence of res judicata?
Alberta, Canada
What is the test for appellate courts to grant relief in a habeas corpus petition?
MultiRegion, United States of America
What is the consequence of Elena's failure to seek a judicial review of an order requiring her to address the proposed order in writing?
California, United States of America
What is the test for retaining or discharging a jury in a personal injury case?
Ontario, Canada
When will a judge award post-judgment interest in a race discrimination case?
MultiRegion, United States of America
What is the test for enforcement of exclusion (h) in a motor vehicle accident insurance policy?
California, United States of America
Is a right of reimbursement clause in an insurance policy enforceable?
California, United States of America
Is there any error or error in instructing the jury that burglary required the intent to commit one of the two felonies?
California, United States of America
Is a term of probation invalid if it has no relation to the crime of which the offender was convicted?
California, United States of America
What is the test for s. 11(b) of the Charter of Canada?
British Columbia, Canada
What is the legal test for waiving a jury in a criminal case?
California, United States of America
What is the test for a motion to suppress evidence?
MultiRegion, United States of America
What is the test for a motion for substitution of counsel for abuse of discretion?
MultiRegion, United States of America
What is the test for a jury to determine whether a jury is deadlocked?
California, United States of America
How have courts interpreted the concept that a driver is entitled to assume traffic will comply with the law and stop?
British Columbia, Canada
What is the standard for malicious prosecution in civil law?
"New York", United States of America
What is the standard of review used by courts to determine the sufficiency of evidence in a sexual assault case?
California, United States of America
Is it appropriate for the wife to collect arrears of maintenance for the first time?
Saskatchewan, Canada
What is the test for determining whether extraneous material contributed to a jury's verdict?
MultiRegion, United States of America
What is the limitation period for a claim brought by a plaintiff in 2014?
Ontario, Canada
What is the test for determining whether the absence of a mitigating factor constitutes an aggravating factor?
California, United States of America
How have courts dealt with civil rights claims in civil cases?
MultiRegion, United States of America
Does a probationer have a right to a search warrant when they are on probation?
California, United States of America
What is the test for negligence in tobacco products?
British Columbia, Canada
What is the test for determining whether an enforceable agreement exists?
British Columbia, Canada
Does a defendant's request to represent himself at a jury trial need to be considered to have been considered prior to trial?
California, United States of America
What is the test for competence to grant Charter remedies at the Licence Review Board?
British Columbia, Canada
Can a prenuptial agreement waiving any rights by the spouse to maintenance apply to the wife?
British Columbia, Canada
Does our decision not to grant a state official immunity from liability in a medical malpractice case affect the immunity granted to a state employee?
California, United States of America
Can a police officer search a container that is not owned by a passenger?
California, United States of America
What is the test for standing trial by jury in a motor vehicle accident?
Alberta, Canada
How to instruct the jury on an alibi defense?
MultiRegion, United States of America
How have courts interpreted the words "security of privacy" in a search warrant application?
MultiRegion, United States of America
What is the impact of the Court of Appeal's failure to allow defendants to cross-examine and present their own defense?
California, United States of America
What rights does the employment standards legislation have to the employer?
British Columbia, Canada
Under what circumstances will a defendant be able to plead not guilty to a charge of false imprisonment under the Fifth Amendment Privilege against self-incrimination?
MultiRegion, United States of America
Is Ex. 3 a validly executed document?
Alberta, Canada
What is the test for a prison official to violate the Eighth Amendment by failing to provide adequate food, shelter, sanitation, medical care, and personal safety for an inmate?
MultiRegion, United States of America
What is the test for assault with a deadly weapon?
California, United States of America
What circumstances are sufficient to justify the arrest of a man and a woman for possession of a firearm?
California, United States of America
What is the test for subject matter jurisdiction in a medical malpractice case?
MultiRegion, United States of America
In what circumstances will a jury not be required to prove all elements of the crime beyond a reasonable doubt?
California, United States of America
Does a school have a duty to supervise or provide for the protection of pupils on their way home?
California, United States of America
Is an order granting a new trial after a jury verdict of guilty not appealable prior to a retrial?
MultiRegion, United States of America
Can a state waive its sovereign immunity under the Eleventh Amendment?
MultiRegion, United States of America
What is the legal test for an action by a minor against a health care provider based upon professional negligence?
California, United States of America
What is the test for rezoning a residential development?
Nova Scotia, Canada
What is the standard of review for a determination of law de novo and its findings of fact for clear error?
MultiRegion, United States of America
What is the test for finding an aggravating factor in an assault case?
California, United States of America
What is the standard for the forgiveness of a loan?
British Columbia, Canada
How have the victims and witnesses been treated by the courts in the past?
California, United States of America
How have the courts interpreted the test for a motion for a mistrial in a sexual assault case?
California, United States of America
Is a contract that violates the statutory provisions of a common and statutory contract void ab initio?
Alberta, Canada
What is the authority on contributory negligence in motor vehicle accidents?
British Columbia, Canada
What is the factor considered in determining whether a delay in responding to an application is prejudice to responding parties?
Ontario, Canada
In a family case where there are conflicting affidavit evidence, can the court proceed summarily?
British Columbia, Canada
In what circumstances will a bank be liable for estoppel if it has a guarantee on its face that only three people signed the guarantee?
Saskatchewan, Canada
What is the proper test for certification of a statement of claim?
Newfoundland and Labrador, Canada
What is the test for reasonable suspicion in a search warrant application?
MultiRegion, United States of America
When will a negative covenant be enforceable?
Manitoba, Canada
What is the case law in which a/k/a designation is a reasonable middle ground?
MultiRegion, United States of America
Does a finding that a defendant currently poses an unreasonable risk to public safety constitute an abuse of discretion?
California, United States of America
What is the test for a motion for a new trial for a defendant in a criminal case for abuse of discretion?
MultiRegion, United States of America
