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 interpreted disposition or propensity evidence in sexual assault cases?
California, United States of America
Can a defendant argue that he cannot be convicted of a methamphetamine DUI because his driving impairment was induced by withdrawal?
California, United States of America
What is the test for a lump sum award of spousal support?
Ontario, Canada
What are the elements required to establish a breach of a court order?
British Columbia, Canada
In what circumstances will a defendant waive his right to remain silent?
California, United States of America
What is the test for establishing that a section of the Constitution or the Charter has been breached?
British Columbia, Canada
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 reasonable settlement offers and the response of the litigants to settlement offers?
British Columbia, Canada
What is the test for a finding that a person is entitled to claim damages under the Mental Health Act?
California, United States of America
When a demurrer is sustained, how does the court review the facts in the complaint de novo?
California, United States of America
What is the test for determining whether a contract was made for the benefit of a third person?
California, United States of America
What is the test for an allegation of bias against a tribunal?
Canada (Federal), Canada
What is the standard of review for the purpose of determining the sufficiency of evidence in a criminal case?
MultiRegion, United States of America
What is the effect of a change of plea in a criminal matter?
California, United States of America
What is the test for a variation in spousal support?
British Columbia, Canada
When will a child of the marriage be deemed to have attended secondary school?
Nova Scotia, Canada
What is the test for habeas corpus to challenge a decision not to transfer an inmate from a maximum security facility to a medium security facility?
Ontario, Canada
How have appellate courts treated the issue of loss of future earning capacity?
British Columbia, Canada
What is the test for making a criminal allegation of sexual assault as a condition precedent?
"New York", United States of America
Does a trial court lose jurisdiction by failing to conduct a trial on a recommitment petition during that period of time?
California, United States of America
What are the factors used by the courts in determining what is in the best interests of the children?
British Columbia, Canada
Is there any case law where a jury has been ordered to interpret the evidence in the context of a witness testimony?
California, United States of America
How have the courts interpreted the relevant testimony at trial?
MultiRegion, United States of America
What is the totality of circumstances in which a defendant waived his Miranda right to speak to a police officer?
California, United States of America
Is there a cause of action for breach of contract, breach of the covenant of good faith and fair dealing or fraud?
California, United States of America
What is sufficient evidence to convict a defendant of the lesser included charge of voluntary manslaughter?
California, United States of America
What is the range of enhancements to a sentence under section 654 of the California Penal Code for stalking and criminal threats?
California, United States of America
Can a convicted sex offender who is caught in a sting operation avoid having to register as a sex offender?
California, United States of America
Is a finding of probable cause by a magistrate given substantial deference by a reviewing court?
MultiRegion, United States of America
Is a claim that attorney ineffective in advising a defendant to accept a plea agreement survives an appellate waiver?
MultiRegion, United States of America
Does a jury have to agree unanimously on specific overt acts in order to convict a defendant under a conspiracy theory?
California, United States of America
What is the test for resorting to administrative review?
California, United States of America
What is the test for a plaintiff to prove that their disability was not a factor in their neglect?
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 of?
California, United States of America
Does federal law support a habeas grant?
MultiRegion, United States of America
Can a failure to object to prosecutorial misconduct be excused when the misconduct "contributed materially to the verdict"?
California, United States of America
What is the standard of review applicable to awards of damages in past loss of income cases?
Newfoundland and Labrador, Canada
How have the courts interpreted a statement of facts in a motion for class certification?
California, United States of America
What is the test for establishing a contributory factor in a tort?
British Columbia, Canada
Can Certas add itself as a third party to this action?
Ontario, Canada
What is the test for the use of a motion of common law common law for unjust enrichment?
Ontario, Canada
What is the effect of a defendant's failure to object in a motion to terminate his mandatory supervision sentence?
California, United States of America
Can an affidavit be struck as inadmissible?
New Brunswick, Canada
What are the implications of a finding of breach of trust conditions for a law firm?
British Columbia, Canada
Does the Attorney General have to defend the admission of a statement in the California Superior Court of Justice that refers to sexual assault?
California, United States of America
Does a good faith belief in a legal defense preclude a finding of wilful failure to pay the wages of an employee who quits?
MultiRegion, United States of America
What is the test for admitting evidence beyond the record in a judicial review proceeding?
Nova Scotia, Canada
What is the standard for disclosing all material risks to a patient?
British Columbia, Canada
Is there any case law where a defendant relied on the doctrine of "substantial evidence" to support their case?
California, United States of America
What is the test for a "reasonable cause" claim?
Manitoba, Canada
What is the test for being armed with a firearm for purposes of determining Proposition 36 eligibility?
California, United States of America
What is the legal test used to determine compensation for loss of income or wages as a result of discrimination?
Prince Edward Island, Canada
Is there any case law in which a plaintiff has been granted privileged privilege in a civil case?
MultiRegion, United States of America
What is the current state of the law on steroid use in sport?
MultiRegion, United States of America
What is the burden of proof in medical malpractice cases?
California, United States of America
What is the burden of proving intentional damage to a tree?
"New York", United States of America
What are the instructions given to a jury in a criminal trial of a man accused of being a member of a criminal gang?
MultiRegion, United States of America
Is a website accessible to the public a "public forum" for purposes of the anti-SLAPP statute?
California, United States of America
When will a judge reverse an order requiring the mother to obtain a temporary restraining order?
California, United States of America
What is the difference between damages for mental distress and aggravated damages for breach of contract?
Ontario, Canada
What is the test for striking a guilty plea?
Alberta, Canada
Is a plea condition that a witness must agree to testify in the context of immunity valid?
California, United States of America
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait?
California, United States of America
Can the putative father be compelled to attend an inquisition under section 56 of the Maintenance and Recovery Act?
Alberta, Canada
What is the test for establishing that a defendant's conviction may not stand?
MultiRegion, United States of America
What is our duty to determine whether a jury misunderstood or misapplied an instruction?
California, United States of America
Are analyses undertaken in a criminal law context not to be imported into child protection proceedings?
Ontario, Canada
What is the test for an exception to a general rule laid down in a statute?
California, United States of America
Can a defendant appeal from a conviction on a plea of guilty or no contest?
California, United States of America
How have the courts interpreted privilege in a motion to amend a statement of claim?
Ontario, Canada
What is the legal test for signing a Defendant's Attorney's Affidavit on a charge of aggravated robbery?
California, United States of America
When will a jury be asked to limit the scope of evidence in a sexual assault case?
California, United States of America
How have courts interpreted hearsay statements by police responding to reports of a shooting?
California, United States of America
How have courts interpreted the Three Strikes law?
California, United States of America
What is the test for the defence of qualified privilege?
Ontario, Canada
Does an amendment to the constitution disclose a new cause of action?
Ontario, Canada
Can a contributory negligence be found in a case where a pedestrian was struck by a car while crossing the road?
Prince Edward Island, Canada
What is the effect of a finding that a motion for relief under section 1170.18 of the California Penal Code has been denied?
California, 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 a jury to convict a defendant in a sexual assault case?
California, United States of America
What are the consequences of a defendant not knowing or otherwise knowing of a patent violation?
Manitoba, Canada
What is the test for determining whether an environment is "hostile" or "abusive"?
MultiRegion, United States of America
Does the doctrine of common law apply in this case?
California, United States of America
What is the test for re-examining an opinion from a panel of the 9th Circuit?
MultiRegion, United States of America
What is the current state of the law on the right of search warrant for the detention of an individual in a vehicle?
California, United States of America
Does public interest immunity bar the production of the government-wide implications and communications plan in the Record?
Nova Scotia, Canada
What are the mitigating and aggravating factors used to determine whether to grant probation?
California, United States of America
Does the jury need to be instructed on separate conspiracies?
MultiRegion, United States of America
What is the cost of photocopying for disbursements from the registrar?
British Columbia, Canada
Is there any case law supporting a finding that a defendant violated his probation by associating with a gang?
California, United States of America
Does section 654 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime?
California, United States of America
If the option of paying the Single Call Fee was severed from the Bylaw, would entering into a 911 Emergency Calling Service Agreement be unenforceable or mandatory?
British Columbia, Canada
Can a plaintiff recover attorney fees for time spent litigating this action?
MultiRegion, United States of America
What is the test for instructing a jury on involuntary manslaughter?
California, United States of America
Is service of a notice of objection effective by posting to the address provided by a bankrupt who has not disclosed his true address?
Alberta, Canada
What is the test for a warrantless search of a person's property at a hotel?
California, United States of America
What is the difference between a motion to reconsider an order granted or denied?
California, United States of America
What is the test for unanimous verdicts?
British Columbia, Canada
Is execution before judgment permitted?
New Brunswick, Canada
What is the legal test for “reading in”?
Ontario, Canada
What is the probative value of an uncharged crime?
California, United States of America
Can a rescinding party stay in possession of the property involved?
California, United States of America
What are the consequences of dual representation of a defendant and an important prosecution witness?
California, United States of America
Can a final decision of the Court of Appeal be reopened?
British Columbia, Canada
What is the test for the interpretation of the implied undertaking in a personal injury case?
British Columbia, Canada
What is the test for standing in this case?
MultiRegion, United States of America
Does a search conducted under the auspices of a properly imposed parole search condition violate a person's privacy?
California, United States of America
What are some cases dealing with a motion to strike a jury notice?
Nova Scotia, Canada
What is the test for reviewing a judgment as a matter of law de novo?
MultiRegion, United States of America
Can an employee who abuses sick leave benefits file a grievance or a tort?
Prince Edward Island, Canada
Can an appeal be appealed from a judgment that fails to dispose of all causes of action between the parties?
California, United States of America
What is the test for a charge of conspiracy to murder?
California, United States of America
What is the test of probable cause in the context of drug trafficking cases?
California, United States of America
Does the per se rule apply when an unlicensed lawyer represents a criminal defendant in court?
MultiRegion, United States of America
What is the test for using testimony from other police officers in a criminal case?
California, United States of America
What is the test for an allegation of sexual assault in a foreign jurisdiction?
"New York", United States of America
Is a criminal defendant entitled to a jury trial at the forfeiture stage of a criminal proceeding?
MultiRegion, United States of America
Can a prosecutor cross-examine the evidence of a defendant's false or misleading prior statements about the charged crime?
California, United States of America
Does the common law apply to the present transactions as well as the past transactions?
Nova Scotia, Canada
When can a plaintiff bring a nondefamation claim against a defendant for defamation based on defamatory language?
California, United States of America
What is the range of damages for soft tissue injuries?
British Columbia, Canada
Is there a reasonable possibility that there has been an abuse of discretion in a claim?
California, United States of America
How have courts interpreted section 893 of the California Code of Civil Procedure when requiring additional blood tests?
California, United States of America
What is the test for an enforceable contract?
British Columbia, Canada
Can a defendant withdraw his no contest plea and plead not guilty?
California, United States of America
What is the test for admitting evidence of a defendant's use of drugs at trial?
California, United States of America
What is the appellant's position on the issue of great bodily injury?
California, United States of America
What are some of the cases that have been cited in the history of bad law on the issue of unpaid debt?
Saskatchewan, Canada
What is the appropriate remedy for a claim for unjust enrichment in the context of a constructive trust?
Ontario, Canada
Under what procedural safeguards under the Miranda Miranda, or otherwise, does a suspect have to be warned that he has a right to remain silent, that any statement he makes may be used as evidence against him?
California, United States of America
Is an application for judicial review of a decision made by the Court of Appeal in the U.S. on a motion of appeal?
Canada (Federal), Canada
Does a difference in opinion between a physician and a prisoner concerning medical care constitute deliberate indifference?
MultiRegion, United States of America
What are the damages for which a plaintiff can claim?
California, United States of America
What is the effect of having all issues determined at the same time?
British Columbia, Canada
What is the standard of review for a medical malpractice claim?
Canada (Federal), Canada
What is the test for interference with FMLA rights?
MultiRegion, United States of America
What is the threshold requirement for maintaining a tortious interference with economic advantage cause of action?
California, United States of America
What is the test for inferring that a murder was committed for the purpose of obtaining the victim's wallet?
California, United States of America
What is the test for bringing a medical malpractice claim against a doctor for malpractice under section 340.5 of the Health and Social Care Act?
California, United States of America
What is relevant and potentially admissible evidence in a sexual assault case?
California, United States of America
What is a reasonable probability of a more favorable result within the meaning of Watson?
California, United States of America
What is the impact of Section 12303.2 of the Penal Code on the determination of second degree felony murder?
California, United States of America
What are the elements of a cause of action for intentional interference with contractual relations?
California, United States of America
Does a plaintiff have any objection to an instruction given to him by the Attorney General?
California, United States of America
What are "special facts" that prevent police officers from obtaining a search warrant for a motorcyclist's last drink?
California, United States of America
How have courts interpreted the meaning of a statute requiring certainty and lack of ambiguity?
California, United States of America
What is the test for a jury to convict a defendant of attempted murder?
California, United States of America
What is the test for reversal of a conviction based on the sufficiency of the evidence?
California, United States of America
When will an interim order requiring a party to attend a trial on viva voce evidence be enforceable?
Ontario, Canada
What is the range of damages for a plaintiff who refused to accept a number of reasonable recommendations from her medical advisors?
British Columbia, Canada
Can an action be made for mandatory relief based on an attorney's affidavit of fault?
California, United States of America
What are the consequences of an MVA in 2011?
Canada (Federal), Canada
Can a Notice of Appeal be stayed?
Nova Scotia, Canada
If a party timely objects to any portion of a magistrate judge's report and recommendation, does the court have to make a de novo determination of that portion?
MultiRegion, United States of America
What is the test for determining whether a jury can reasonably have reached a verdict in a personal injury case?
British Columbia, Canada
When is a person who is not a plaintiff in a civil case entitled to sue for damages?
MultiRegion, United States of America
What is the test for excusing a jury who have concerns that the jury may be prejudiced against a plaintiff?
California, United States of America
What is the test for making a finding in an appeal?
California, United States of America
What is the test for determining whether a court abused discretion by refusing to grant a continuance of a sentencing hearing to allow defense counsel to investigate allegations of juror misconduct?
California, United States of America
What factors will the court consider when determining the ability of a defendant to pay a claim?
California, United States of America
What is the legal test for deliberate indifference in prison?
MultiRegion, United States of America
What are some cases dealing with the issue of felons in possession of a firearm?
California, United States of America
What is the effect of reducing a conviction for an assault conviction by reducing it to an attempt to violate section 236.1(c) of the California Criminal Code?
California, United States of America
Can a litigant dismiss an action to avoid further fees and costs?
California, United States of America
Is a spouse entitled to spousal support based on income disparity?
British Columbia, Canada
Can evidence discovered as a result of a customs search and seizure be used in a subsequent state prosecution?
California, United States of America
Can an appeal against the Court of Appeal be dismissed?
British Columbia, Canada
In a second-degree murder trial, what is the defense counsel's strategy in the closing argument?
California, United States of America
What is the test for determining credibility of a witness?
California, United States of America
What is the standard of review for a supplemental instruction in a civil case?
MultiRegion, United States of America
Is a plaintiff entitled to recover the entire amount of damages from a jury in a single verdict?
California, United States of America
Is child sexual abuse accommodation syndrome relevant in the context of this case?
California, United States of America
What is the test for a party seeking a new trial on the basis of newly discovered evidence?
California, United States of America
What is the test for exclusion from evidence in a civil case?
California, United States of America
What is the test for retaining a lien against a vendor in a commercial real estate transaction?
British Columbia, Canada
What is the test for causation in tort law?
Ontario, Canada
What is the impact of requiring a plaintiff to provide blood and urine samples for analysis?
British Columbia, Canada
What is the burden of proving negligence against a premises owner?
California, United States of America
Is there a requirement that an employee exercising discretionary authority be a licensed engineer or architect?
California, United States of America
Does a jury need to consider the character and record of the individual offender?
MultiRegion, United States of America
What is the current state of the law in Canada on a publication ban?
Ontario, Canada
When will a court order security to prevent a payor from making maintenance payments?
British Columbia, Canada
What is the test for admitting roll call kites into evidence in a medical malpractice case?
California, United States of America
In what circumstances will the court order an independent review of the record in determining whether a defendant has a right to exercise his privacy?
California, United States of America
What is the effect of the registrar’s exercise of discretion in assessing disbursements?
British Columbia, Canada
What is the test for determining whether a future care item is reasonable and medically justified?
British Columbia, Canada
What is the test for abuse of discretion under section 352 of the Criminal Code?
California, United States of America
What is the effect of Section 32 of the Criminal Code on the extradition process?
Ontario, Canada
What jurisdiction does the Court have in determining whether an appeal is moot?
federal, United States of America
How have courts interpreted the phrase "sudden and accidental" in pollution exclusion clauses?
California, United States of America
What is the test for remand of an indeterminate Page 2 in a personal injury case?
California, United States of America
What is the test for a motion to relieve a public defender's office of a conflict of interest?
California, United States of America
What is the legal test for determining a triable issue under R. 22-1(7)(d), as under the summary judgment rule?
British Columbia, Canada
What is the test for control of words on a headstone?
British Columbia, Canada
What is the test for using the term "prima facie evidence" in a civil case?
California, United States of America
What are the costs of a successful moving party in a motor vehicle accident claim?
Ontario, Canada
When a grand jury returns an indictment valid on its face, can independent inquiry be made to determine the kind of evidence considered by the grand jury?
MultiRegion, United States of America
What is the efficacy and integrity of the process by which an offer was obtained?
Ontario, Canada
What is the limitation on a motion to vacate a conviction for sexual assault?
MultiRegion, United States of America
Is there a reasonable probability that counsel would have obtained a more favourable result?
California, United States of America
