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.
Can an accessory to a criminal be found guilty of perverting the course of justice for his own benefit?
British Columbia, Canada
What is the test for the rule of law in Canada?
Ontario, Canada
Is membership of an international terrorist organisation sufficient to establish complicity?
Canada (Federal), Canada
Does the Miranda rule apply to a witness before a grand jury?
MultiRegion, United States of America
When a parolee's vehicle was searched without a warrant for a search, can the parolee deny that he was driving the vehicle?
California, United States of America
Is a sentence beyond the statutory maximum based on a fact other than a prior conviction not found by a jury to be an aggravating factor?
California, United States of America
Is there any case law in which a defendant has complained of an instruction informing the jury it may reject the testimony of a witness who testified falsely?
California, United States of America
What is the test for an attempted murder?
California, United States of America
How is substantial evidence determined in a motion to dismiss?
California, United States of America
What is the test for battery against a police officer?
California, United States of America
What is the responsibility of the California Court of Appeal to determine the merits of each case?
California, United States of America
What are some cases that have been decided in the 9th Circuit of the US Supreme Court where a judge ordered that a plaintiff be bound by reason of cause of action?
MultiRegion, United States of America
How have courts treated attorney fees in costs under the California Court of Appeal?
California, United States of America
Can a plaintiff bring a bad faith lawsuit against an insurance company?
California, United States of America
What is the test for giving a jury instructions in a civil case based on the federal Constitution?
California, United States of America
What is the test for the doctrine of "duplication of elements"?
California, United States of America
What is the legal test for withdrawing an affidavit?
Nova Scotia, Canada
How has the California Supreme Court interpreted a section of the California Guardianship Act?
California, United States of America
What is the test for a motion to delay a plaintiff's claim under the Rules of Civil Procedure?
Manitoba, Canada
Does the exclusionary rule apply to an attorney's disciplinary proceeding?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for the common purpose of a homicide where there are a number of parties involved in the crime?
"New York", United States of America
Is a plaintiff entitled to attorney's fees on appeal?
California, United States of America
What is the test for reasonableness of class counsel’s fees?
British Columbia, Canada
What is the role of the district attorney in criminal proceedings?
California, United States of America
What is the standard of care required by a strata to repair and maintain common property?
British Columbia, Canada
What is the test for imputing income from a spouse when they are under-employed?
Ontario, Canada
What is the test for reversing a jury verdict in a personal injury case?
California, United States of America
What is the impact of a disability on a spouse's ability to pay for their pension?
Prince Edward Island, Canada
How does the Court of Appeal review a motion to suppress evidence on Fourth Amendment grounds?
California, United States of America
Is the trial judge correct to consider the issue of family assets before making a maintenance determination?
British Columbia, Canada
Does intent to kill constitute an element of the prior-murder conviction special circumstance?
California, United States of America
What is the standard of proof in a sexual assault case?
California, United States of America
Can a third party be added to a claim for subrogated rights?
British Columbia, Canada
What is the test for bifurcating a gang enhancement to a murder charge?
California, United States of America
What is the test for a miscarriage of justice?
Newfoundland and Labrador, Canada
What is the scope of an agreement between the parties to settle the litigation prior to trial?
British Columbia, Canada
What is the appropriate sentence for a 19 year old first offender who sexually assaulted an unconscious intoxicated victim without using a condom?
Ontario, Canada
What is the burden of proving that discriminatory action was taken against a plaintiff?
MultiRegion, United States of America
Can a plaintiff bring a claim against an employer that it violated the collective bargaining agreement?
MultiRegion, United States of America
When will a court grant a defendant's request to represent himself at trial?
California, United States of America
What is the test for determining whether a driver in a servient position is to be held liable for failing to yield the right-of-way?
British Columbia, Canada
What is the maximum interest rate paid on a promissory note?
MultiRegion, United States of America
What is the test for a motion to amend the terms of a motion where a plaintiff’s claim is invalid?
Saskatchewan, Canada
Does a police interview a person who was the focus of a criminal investigation need to be in custody?
California, United States of America
If an adult child is still living at home, is that adult child entitled to support?
British Columbia, Canada
Does an option to purchase stock transfer ownership to the beneficial owner of the company when the option is exercised?
MultiRegion, United States of America
How have the courts treated the evidence in the case-in-chief in impeaching a defendant?
California, United States of America
Are life insurance premiums reasonably deducted from the income of the father for child support purposes?
British Columbia, Canada
What is the test for relief in a federal habeas case?
MultiRegion, United States of America
What is the test for challenging an award in a personal injury case where damages are awarded on the basis that it is inordinately high or inordinately low?
British Columbia, Canada
What is the test for dismissing an action for failure to prosecute for an abuse of discretion?
MultiRegion, United States of America
What is the test for making a claim under the 8th Amendment?
MultiRegion, United States of America
Does the Commissioner of Banks have complied with all provisions of the Statutory Power to liquidate a bank?
"New York", United States of America
Is there any basis to support a finding that the trial judge erred in principle by failing to take into account the impact of a motor vehicle accident on a young motorcyclist with chronic myofascial pain and fibromyalgia?
Nova Scotia, Canada
What are the elements of conspiracy to manufacture methamphetamine?
MultiRegion, United States of America
Is the exclusionary rule applicable to other defendants?
California, United States of America
How have the courts treated a prosecutor's comment to a defendant's objection to a statement from the record?
California, United States of America
How is a restitution award reviewed for abuse of discretion?
California, United States of America
What are the costs and attorney fees of a party who requests a trial de novo and fails to obtain a judgment from an arbitrator?
California, United States of America
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted?
California, United States of America
What constitutes an admission under the severance clause?
Ontario, Canada
What is the minimum sentence for human trafficking an adult?
Ontario, Canada
Does a restrictive covenant on adjoining land automatically pass to the next owner of the land?
Saskatchewan, Canada
What is the current state of the law on in-camera privilege?
California, United States of America
How have courts interpreted the law of insanity in the context of a jury trial?
California, United States of America
What are the implications of section 6672 of the Tax Reform Act on a plaintiff's civil rights?
MultiRegion, United States of America
What are the circumstances in which the petitioner's claim is based in breach of fiduciary and statutory duties?
British Columbia, Canada
What is the effect of misrepresentation and concealment of facts?
California, United States of America
If a strata corporation is enforcing its own bylaw, what are the consequences?
British Columbia, Canada
What is the test for establishing a "criminal street gang"?
California, United States of America
How does expert opinion work in a medical malpractice trial?
California, United States of America
Does the one factor rule apply in determining child support?
California, United States of America
What are the relevant statutory references to the Penal Code and what are the implications of this?
California, United States of America
Does a search warrant describe items to be seized with sufficient specificity?
MultiRegion, United States of America
What is the test for judicial review of judicial review rulings in cases involving abuse of discretion?
MultiRegion, United States of America
What is the test for dismissing an appeal from an order which is not appealable?
California, United States of America
What is the test for a claim of insufficient evidence in a criminal case?
California, United States of America
What is the test for a claim of prosecutorial misconduct?
California, United States of America
What is the statute of limitations for a defendant in a civil case?
California, United States of America
What is the difference between a trial court's duty to instruct on defense and that of a defense?
California, United States of America
What is the test for a motion to suppress evidence alleged to have been illegally obtained?
California, United States of America
Does a state's interpretation of state law bind a federal court sitting in habeas corpus?
MultiRegion, United States of America
Is a jury's duty to strip the evidence of non-essentials and direct it to the case put forward by the defence?
Alberta, Canada
What is the impact of an unjustifiably quit his job in 2014?
Ontario, Canada
What is the current state of the law on section 17(a) of the Securities Act?
MultiRegion, United States of America
Does a defendant have a duty to conduct a reasonable pretrial investigation into all avenues of defense?
MultiRegion, United States of America
What is the "polluting pay principle" in the context of environmental legislation?
Northwest Territories, Canada
How have the courts treated a claim of error as to whether jury instructions in a sexual assault case properly explain the elements of the offence?
MultiRegion, United States of America
What factors will determine the extent of a defendant's obligation to prevent the injury of a third person as a result of their witness witnessing an accident?
California, United States of America
Does attorney-client privilege apply in the context of criminal law?
California, United States of America
What can be a malicious prosecution action against counsel in relation to their conduct of litigation?
British Columbia, Canada
What is the test for establishing that prior counsel was ineffective during the penalty phase of a capital trial?
California, United States of America
What is the test for retroactive child support orders under section 150 of the Family Law Act?
British Columbia, Canada
Does a defendant's failure to object on grounds of prosecutorial misconduct forfeits the issue?
California, United States of America
What is the prosecutor's position on the burden of proving guilt beyond a reasonable doubt?
California, United States of America
Does a defendant who overdoses on a drug during the course of his trial have waived his right to be present at trial?
MultiRegion, United States of America
What is the test for establishing a reasonable doubt in a sexual assault case?
California, United States of America
What is the test for a motion to change income imputed to the payor at the original hearing?
Ontario, Canada
What is the test for a "compelling state interest" to restrict access to a person's fundamental human rights?
California, United States of America
What is the test for an interim support application?
British Columbia, Canada
What is the test for a plaintiff to bring a claim against a defendant who was acting under the color of state law?
MultiRegion, United States of America
Is a defendant entitled to postconviction relief under section 1203.4, subdivision (a)(1)(1) of the California Criminal Code?
California, United States of America
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights?
California, United States of America
What is the test for a defense of property instruction in a shooting case?
MultiRegion, United States of America
What is the test for applying the illegality of contract doctrine as a defense?
California, United States of America
What are the implications of a sentencing court's interpretation and application of the Guidelines de novo?
MultiRegion, United States of America
Does the res judicata doctrine apply in this case?
California, United States of America
What is the impact of a motor vehicle collision on the neck and collar bone?
British Columbia, Canada
When is a loan not a loan?
Canada (Federal), Canada
Can Bothke bring a motion to vacate and remand a judgment against him for failing to state a cause of action?
MultiRegion, United States of America
What is the "substantial evidence" rule?
California, United States of America
What is the current state of the law on the exclusion of defense evidence?
California, United States of America
What is the test for a motion under the anti-SLAPP statute?
California, United States of America
In what circumstances have courts found the defense of entrapment to be inapplicable?
MultiRegion, United States of America
What is the impact of the elimination of the statute of limitations for assault cases?
MultiRegion, United States of America
Does the admonition need to have been applied?
California, United States of America
Can a judge of the lower court order a new trial based on the evidence received at the trial?
California, United States of America
What is the legal test for reapportioning assets under s. 95 of the BCAA?
British Columbia, Canada
Does a borrower have to allege actual damages for misrepresentation?
California, United States of America
What constitutes a "single disastrous escape"?
British Columbia, Canada
In a felony-murder case, how has the court interpreted the definition of "additional allegation" in CALCRIM 336?
California, United States of America
What is the effect of deferral of an application?
Ontario, Canada
What is the current state of the law on the grounds of obstruction of justice and perjury?
MultiRegion, United States of America
In what circumstances will the District Attorney bring a motion to reinstate charges of disorderly conduct against a group of men who were arrested after a night out?
"New York", United States of America
What is the test for making a finding that a child is in need of protection pursuant to the Family Law Act?
Ontario, Canada
What is the test for determining causation in a medical malpractice action?
British Columbia, Canada
Is imputation of income to a support payor an exercise of judicial discretion?
Ontario, Canada
What is the test for invalidating a statute?
California, United States of America
How has the Rule X unlimited grade been continued?
"New York", United States of America
What is the test for admitting unadjudicated "other criminal activities" and evidence of criminal activity after the crime has been committed?
California, United States of America
What is the test for whether a court has a duty to bail out a defense counsel?
California, United States of America
What is the test for an abuse of discretion on appeal?
California, United States of America
How have courts interpreted s. 5 of the SEF 44 Endorsement of the Motor Vehicle Act?
Alberta, Canada
What is the burden of proof in determining the appropriate penalty in a capital case?
California, United States of America
What is the test for impeaching a jury verdict in a long-delayed jury trial?
California, United States of America
Does a trial court have any authority to re-open argument before the jury has reached an impasse?
California, United States of America
Can a criminal defendant raise the issue of insufficient evidence in a subsequent appeal?
California, United States of America
What is the test for a motion to grant a continuance in a criminal case?
California, United States of America
What is the test for setting fees and costs in a personal injury action?
California, United States of America
Is a written testamentary contract enforceable?
British Columbia, Canada
Are statements in the police report and the prosecutor's questions to Uzel not evidence?
California, United States of America
What is the test of reasonableness for a police officer to walk upon common grass in a side yard to investigate a loud party complaint?
California, United States of America
Does a plaintiff have an obligation to take all reasonable measures to reduce their damages?
British Columbia, Canada
What is the test for proportionality and reasonableness when determining the amount of costs in a personal injury case?
Ontario, Canada
What is the test for committal on a preliminary inquiry?
Yukon, Canada
What is the test for a permanent stay of a proceeding?
British Columbia, Canada
Does the introduction of a police interview support defendant's self-defense theory?
California, United States of America
What is the legal argument that bed bugs are not a landlord's fault?
Saskatchewan, Canada
In a personal injury action, can a plaintiff argue that a Respondent have fully met their duty to present the evidence sufficient to support the judgment?
California, United States of America
Does a failure to admonish a defendant of his right to counsel during interrogation constitute actual coercion?
MultiRegion, United States of America
Is a plaintiff's service of a complaint sufficient to trigger the accrual of a defendant's equitable indemnity claim?
California, United States of America
What is the test for determining whether there is substantial evidence in support of the questioned element of the charged offense?
California, United States of America
What is the test for determining whether a property is community or separate property in a divorce proceeding?
California, United States of America
Can a jury find premeditation, deliberation or malice?
California, United States of America
What is the test for harmonizing sections of a statute?
California, United States of America
Is a union's failure to provide a translation of a collective bargaining agreement for Spanish-speaking members a violation of their duty of fair representation?
MultiRegion, United States of America
Does the Municipal Business Tax Board (MGB) have any jurisdiction to appeal the 2004 business tax assessment for the subject parking facilities?
Alberta, Canada
What is the test for a sentencing judge to determine a sentence based on an incorrect portion of the presentence report?
MultiRegion, United States of America
Can a direct perpetrator of a crime be convicted of first degree murder under the natural and probable consequences doctrine?
California, United States of America
Does the joinder of the counts of murder constitute a capital offence?
California, United States of America
Is there any evidence that the preconditions in the Ares v. Venner case have been met?
Manitoba, Canada
Does a trial court have any power or authority to add a father's earning capacity to his gross income when calculating his disability benefits?
California, United States of America
What is the test for determining the appropriate amount of restitution fines imposed on an appellant in her civil case?
California, United States of America
What is the test for determining whether a claimant’s share of interest in a claim is equal?
British Columbia, Canada
Is there any case law where a plaintiff has failed to prove that there is a real and substantial possibility of a loss of income?
British Columbia, Canada
Does Section 1237.5 of the California Criminal Code apply following a guilty or no contest plea?
California, United States of America
When a police officer sees a person working with a camera and driver's license working with their confederate, can the officer seize the items from the place where they were hidden?
California, United States of America
What is the burden of proving venue in a civil case?
MultiRegion, United States of America
What is a latent defect in a property and what is a patent defect?
British Columbia, Canada
What are the factors that a trial judge should consider when deciding on the question of admissibility?
Yukon, Canada
Does the court have a sua sponte obligation to instruct on assault with a firearm as a lesser included crime?
California, United States of America
Does a probation officer have the power to determine where and when a defendant must abide by a condition under a probation order?
MultiRegion, United States of America
What is the test for a jury to convict a man of first degree murder for killing his wife in a heat of passion attack?
California, United States of America
In a criminal case, in what circumstances will a jury be permitted to cross-examine a witness's testimony?
MultiRegion, United States of America
Is an undertaking as to damages an essential condition to an injunction?
Ontario, Canada
Can a prison doctor be found guilty of deliberate indifference in a medical malpractice case?
MultiRegion, United States of America
Can a committal order be quashed in the absence of an error by the judge?
British Columbia, Canada
Is a search of a house warranted on the basis of search warrant?
MultiRegion, United States of America
What is the test for determining whether a city has authority to regulate the possession of alcohol in public places such as parks?
California, United States of America
Is it per se error not capable of correcting a Per se error?
California, United States of America
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence?
California, United States of America
What is the standard of competence demanded of an attorney in criminal cases?
MultiRegion, United States of America
Can a judge comment on the evidence before the jury?
California, United States of America
Does the Miranda rule apply to investigative questioning during a brief stop and frisk?
"New York", United States of America
What is the burden of proving privilege against disclosure?
MultiRegion, United States of America
What is the result of an inquiry into material changes in circumstance?
Nova Scotia, Canada
Is the Eighth Amendment violated if a prison official acts with deliberate indifference to inmate's medical needs?
MultiRegion, United States of America
What is the test for determining whether a defendant inflicted great bodily injury on an accomplice who did not personally inflict the injury?
California, United States of America
Can pensioners escape the limitation period for their negligent misrepresentation claim?
Ontario, Canada
Is there any case law that supports the argument that cutting can be considered to be illegal?
Ontario, Canada
What is the test for corroboration in a criminal case?
California, United States of America
Is the whole of the Agreement on spousal support enforceable?
Manitoba, Canada
What is the test for a motion to suppress evidence obtained from a search and seizure?
California, United States of America
What is a defendant's burden in challenging his criminal conviction?
MultiRegion, United States of America
Does a defendant have a right to testify under People v. Robles?
California, United States of America
Does a defendant have to prove that the police acted in bad faith by failing to obtain a blood sample from him?
California, United States of America
What is the state of the law in Ontario on covenant of good faith and fair dealing?
MultiRegion, United States of America
Is battery actionable without proof of damage?
British Columbia, Canada
What is the test for a spouse to apply for spousal support under the Spousal Support Review System?
British Columbia, Canada
