Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is probable cause for a malicious prosecution action?
California, United States of America
What is the test for bringing a plaintiff within the statutory exception set out in subsection 267.5(5)(b)?
Ontario, Canada
What is the scope of judicial review of arbitration awards?
California, United States of America
Does a defendant have to prove that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of counsel?
California, United States of America
Can the prosecution introduce evidence of the specific harm caused by the crime in a capital trial?
California, United States of America
Is upset, disgust, anxiety, agitation a mental state that falls short of injury?
British Columbia, Canada
What is the test for establishing material facts in a defence?
Newfoundland and Labrador, Canada
What is the government's burden of making a strong showing that it is likely to prevail against procedural due process claims?
MultiRegion, United States of America
What is the standard of evidence required by a party to attack a transfer of what is presumed to be an advance?
Ontario, Canada
Does section 1192.7(c)(18) of the California Criminal Code include a sentence enhancement for repeat offenders who commit serious felonies?
California, United States of America
What is the test for establishing a statute of limitations for sexual assault?
California, United States of America
Is Defendant's in-field show-up under the Fourteenth Amendment?
California, United States of America
What is an obligation of a judge presiding in a criminal jury trial to review and relate the substantial features of the evidence adduced?
Ontario, Canada
Under section 3454, subdivision (a) of the California Criminal Code, is a parolee's risk of recidivism related to the underlying crime for which he was convicted?
California, United States of America
What is the test/criteria for the so-called "forced disclosure" rule?
Ontario, Canada
What is the current state of the law on the right to delay in the course of an investigation?
MultiRegion, United States of America
What is the test for a criminal defendant to request to represent himself in court?
California, United States of America
What is the test for setting a standard of care in a medical malpractice case?
British Columbia, Canada
Does a police officer's failure to explicitly state that he tested the manufacturer’s specifications or instructions affect the reliability of a radar device?
Ontario, Canada
Is a conviction of a sex offence sufficient to determine who must register as a sex offender?
California, United States of America
What are the grounds for appeal against the denial of a habeas petition de novo?
MultiRegion, United States of America
What is the substance of an agreement that requires a review of the substance?
Saskatchewan, Canada
What is the test for obtaining a search warrant for an inspection of a building?
California, United States of America
Can a prosecutor comment on a defendant's decision not to testify?
California, United States of America
How have the courts interpreted materiality in a complaint of non-disclosure?
Ontario, Canada
What are the implications of a guilty plea in a criminal case?
California, United States of America
Is security for debt secured before judgment?
British Columbia, Canada
What is the test for determining whether a plaintiff has a crumbling skull?
British Columbia, Canada
What are the elements of fraud/fraudulent misrepresentation?
British Columbia, Canada
How have courts interpreted federal legislation in the context of constitutional interpretation?
MultiRegion, United States of America
Can a federal court remand this case?
MultiRegion, United States of America
Is there any authority that can be relied on to support a claim in a personal injury action?
California, United States of America
What is the test for determining a jury verdict in a civil case?
California, United States of America
What review of a decision to deny a defendant's request for disclosure of juror identifying information?
California, United States of America
What is the test for exclusion of evidence in a sexual assault case?
California, United States of America
What is the test for a motion to stay a custody order?
Newfoundland and Labrador, Canada
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
What is the test for determining whether there is sufficient evidence to support a criminal conviction?
California, United States of America
What is a defendant's constitutional right to represent himself in a criminal case?
California, United States of America
Can a beneficiary of a bare trust be required to transfer their share of the trust property to one of several beneficiaries?
British Columbia, Canada
What is required to establish a fiduciary relationship outside of the established categories?
Ontario, Canada
What is the test for alleging misconduct by a prosecutor in a criminal case?
California, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
What are the requirements for a constructive trust and a claim for the constructive trust?
British Columbia, Canada
How have courts and tribunals been affected by cost-cutting measures?
MultiRegion, United States of America
Can an oral agreement be rescinded if it is not in writing?
Newfoundland and Labrador, Canada
Is there probable cause to search a vehicle parked outside the searched residence?
MultiRegion, United States of America
Is an easement a factor to accommodate a development plan?
British Columbia, Canada
Is a relationship that is not "marital-like" based on factors such as sex, physical, emotional, sexual orientation, or sexual orientation?
British Columbia, Canada
Can a defendant who shot and killed an unarmed, unsuspecting, unsuspecting victim argue that the victim was not particularly vulnerable because he was a healthy police officer with access to a gun?
California, United States of America
When is an application for an extension of time permitted to be filed as soon as circumstances permit?
Canada (Federal), Canada
What is the impact of time spent by counsel in preparing a motion?
Ontario, Canada
What is the test for denying a defendant's claim that he is not a sex offender?
California, United States of America
Does a jury's verdict that the breach of standard of care caused the loss of the two toes of a plaintiff be quashed?
Ontario, Canada
What is the test for issuing a certificate of appeal against a motion for habeas relief?
MultiRegion, United States of America
Can a plaintiff bring a civil rights action to challenge a conviction or sentence that has been found to be wrongful?
MultiRegion, United States of America
Does the rule that prevents a killer from profiting by his own wrong should not be invoked in such a way as to prejudice the rights of the other beneficiary?
California, United States of America
In a motion for a new trial, how have the courts treated defense counsel's claims of failing to object based on marital privilege and failing to request an Evidence Code hearing?
California, United States of America
Can plaintiffs amend their statement of claim in response to an application under rule 129?
Alberta, Canada
What is the test for equity to determine that no unfair advantage has been obtained in a transaction?
New Brunswick, Canada
Does the Court have jurisdiction to collect DNA profiles from arrestees, convicted offenders, and forensic evidence found at crime scenes?
California, United States of America
What is the legal test for obtaining a warrant for wiretapping in the executive branch?
California, United States of America
How has the Workers’ Compensation Appeal Tribunal in BC dealt with loss of earnings pension claims?
British Columbia, Canada
What are the consequences of failing to provide evidence in a child protection case?
Manitoba, Canada
What is the scope of a release in a settlement agreement?
British Columbia, Canada
What is the relevant case law in the context of sexual assault cases?
California, United States of America
Does a brief investigatory stop comply with the Fourth Amendment?
MultiRegion, United States of America
Does intentional acts toward inducing breach or disruption of contract constitute intentional breach of contract?
California, United States of America
What is the test for failing to object to the sentencing choices of the trial judge?
California, United States of America
In what circumstances will a defendant plead guilty to a crime charged or to any other crime under California Evidence Code section 1153.4?
California, United States of America
If a section of the New York State Code of Civil Procedure is ambiguous, what is the test for assessing the meaning of the statute in its current form?
MultiRegion, United States of America
What is the impact of an employer's misrepresentation of injuries in a termination letter?
Canada (Federal), Canada
How have courts interpreted the "special circumstances" doctrine in parking lots?
California, United States of America
What is the effect of prosecutor's overkill on the testimony of a witness in a criminal case?
MultiRegion, United States of America
What is the test for a corrected disclosure in a medical malpractice case?
MultiRegion, United States of America
In what circumstances will a judge order a retrial in the case of misconduct by a prosecutor who intentionally causes a mistrial?
California, United States of America
What is the test for a jury to convict an appellant of false imprisonment?
California, United States of America
Does a father need to look after his own legal rights by asking the juvenile court to order a bonding study before terminating his parental rights?
California, United States of America
Is there any evidence that the respondents experienced stereotyping or prejudice?
Alberta, Canada
What is the test for overturning a judgment in a victim restitution case?
California, United States of America
Is there any inconsistency in a jury's finding that oral copulation was not a crime?
California, United States of America
Can a fraudulent insurance claim result in no recovery for the insured under the applicable insurance policy?
Ontario, Canada
What is the quantum of damages for an unsuccessful party in a personal injury case?
Ontario, Canada
Can a trustee or beneficiary of a trust petition the probate court to determine the existence of the trust?
California, United States of America
What is the burden of persuasion regarding racial motivation in the context of a civil rights claim?
California, United States of America
Can a spouse bring a claim under Indian law against a divorce order?
British Columbia, Canada
Can a defendant be found guilty of a charge of perverting the course of justice if they have lain by intentionally causing grievous bodily harm?
Saskatchewan, Canada
What is the corpus delicti rule in law and what is the effect of extrajudicial statements?
California, United States of America
What is the grace period for filing a federal habeas petition under AEDPA?
MultiRegion, United States of America
How has the court considered subjective evidence in determining whether an air conditioner is too loud?
British Columbia, Canada
What is the test for an officer to prove bias?
Ontario, Canada
What is the test for economic regulation in Canada?
Canada (Federal), Canada
What are the requirements for a successful negligent misrepresentation claim?
British Columbia, Canada
What is the test for success in a civil action brought by a plaintiff against two police officers who used excessive force against her?
Ontario, Canada
What is the test for a federal district court to abstain from exercising jurisdiction in a criminal case?
MultiRegion, United States of America
Does the doctrine of frustration apply when a defendant waives the defense of frustration?
MultiRegion, United States of America
Does a city official charged with administering a nuisance abatement program have immunity from prosecution if they bar a contractor from entering into the contract?
California, United States of America
What is the cause of appellant's appeal?
MultiRegion, United States of America
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 administrative remedies must be exhausted before a court action is brought?
MultiRegion, United States of America
What is the test for obtaining a search warrant for a search without a warrant?
California, United States of America
Is harassment of an employee based on their disability or other protected status prohibited?
California, United States of America
Can a judge be found to have a preconceived purpose to grant probation?
California, United States of America
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code?
Ontario, Canada
Does counsel's refusal to renew his objection because it was so forcefully presented and unequivocally rebuffed by the court that it was apparent that further efforts to object would be unavailing?
MultiRegion, United States of America
Is there any case law supporting the argument that there is a disproportionate representation of lower income earners on a jury?
MultiRegion, United States of America
If the prosecution does not make a selection, can the court compel the jury to unanimously agree upon the act or acts constituting the crime?
California, United States of America
Does the trial court have a sua sponte duty to instruct the jury that "constitutionally protected activity" is a defense to stalking?
California, United States of America
What is the test for validating a search under the probation clause?
California, United States of America
What is the test for evidence of voluntary intoxication in a criminal case?
California, United States of America
Is it of no constitutional significance that the paint was scraped from the car after it was impounded by the police?
California, United States of America
Can a district court dismiss a habeas petition as successive?
MultiRegion, United States of America
Does a prison officer have authority to restrict outdoor exercise for the purpose of preventing inmates from exercising outdoors?
MultiRegion, United States of America
What is the standard of review for a motion of appeal in a personal injury case?
California, United States of America
What is a disabled person who is deemed to be unable to engage in substantial gainful activity due to her disability?
MultiRegion, United States of America
How have the courts interpreted the term “transportus” or “termination” in a government bonded warehouse?
Ontario, Canada
What is the legal test for "heat of passion" in a manslaughter case?
California, United States of America
Is a misrepresentation as to the use of the insured property relevant to the insurer?
British Columbia, Canada
What is the test for performing ineffective counsel on a search warrant?
California, United States of America
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt?
California, United States of America
Does the trial court abuse its discretion when it limited defense counsel's closing argument?
California, United States of America
What is the test for s. 92(14) of the Constitution Act, 1867, c.97(1) and s. 129 of the Canadian Constitution and what is the effect of the legislation on the inferior courts?
Canada (Federal), Canada
Is a video recording a "writing" for purposes of the secondary evidence rule?
California, United States of America
Can a jury take a break during deliberations?
California, United States of America
What is the test for abuse of power when a motion to amend a complaint is granted at trial?
California, United States of America
What is the test for whether parties are in a "cohabiting" relationship?
British Columbia, Canada
In a personal injury case, can an attorney's declaration of conflict be re-examined by the appellate court?
California, United States of America
What is the rational basis for the amount of restitution ordered by the trial court?
California, United States of America
In a medical malpractice case, is a plaintiff's testimony privileged?
"New York", United States of America
Can a social worker remove a child from the child's home without a warrant?
MultiRegion, United States of America
Does the new "three strikes" law change the role of a trial judge and prosecutor?
California, United States of America
What is the test for a plaintiff in a dental malpractice case?
Ontario, Canada
What is the test for a student who is unable to attend school because she is not eligible to do so?
California, United States of America
Can an individual be charged with attempting to dissuade a crime victim from making a complaint or information to be sought and prosecuted?
California, United States of America
What is the test for a city to be liable for failing to train or supervise a police community support officer?
MultiRegion, United States of America
What are the purposes of a patent for a combination of two elements?
MultiRegion, United States of America
What is the standard of evidentiary review on appeal from an attachment order?
California, United States of America
What is the scope of cross-examination in a federal district court?
MultiRegion, United States of America
Can a litigant refuse to amend his defence that a claim is statute barred?
Saskatchewan, Canada
Can leave be granted in an interlocutory appeal?
Newfoundland and Labrador, Canada
How have time entries in a personal injury case been interpreted by a court?
MultiRegion, United States of America
What is the test for determining spousal support under s. 15.2(6) of the Divorce Act?
British Columbia, Canada
What is the test for obtaining an interlocutory injunction on the basis of a restrictive covenant in an employment agreement?
British Columbia, Canada
In what circumstances will the court allow appellant to argue that the jury selection system systematically excluded African-Americans?
California, United States of America
If defense counsel had objected to the upper term of imprisonment, would the court have chosen to impose the lower term?
California, United States of America
What are the elements of the tort of malicious prosecution?
Nova Scotia, Canada
Does the Double Jeopardy Clause of the Fifth Amendment prohibit a retrial following acquittal?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of second degree manslaughter?
MultiRegion, United States of America
What is the limitation of disclosure against Dr. A that the complaint against him was dismissed on a preliminary basis?
British Columbia, Canada
What is a party's right to choose private counsel at trial?
California, United States of America
What is the effect of not having an official reminder of his rights?
California, United States of America
Does a federal district court have jurisdiction to award attorney fees in a personal injury case?
MultiRegion, United States of America
What is the meaning of attorney's fees?
MultiRegion, United States of America
Can a defendant offer the same defense to various acts constituting the same crime?
California, United States of America
Are attorney's fees recoverable in a personal injury action?
MultiRegion, United States of America
Does a plaintiff have to allege facts demonstrating or excusing compliance with the claim presentation requirement?
MultiRegion, United States of America
What is the test for establishing a pattern of criminal gang activity?
California, United States of America
Does Defendant's failure to object or to introduce the evidence necessarily waives review of his ineffective assistance claim?
California, United States of America
What is the burden of proof in a paternity proceeding?
"New York", United States of America
Does the "captain of the ship" rule give counsel exclusive control over whether to waive a jury trial?
California, United States of America
Can interveners waive the provisions of Code of Civil Procedure section 170.6 as a condition of intervention?
California, United States of America
Does the indemnity clause in a medical malpractice case have to be substantially identical to that in the case of Price v Shell Oil Co., supra?
California, United States of America
Is there a reasonable chance that an honest but unreasonable belief in self-defense should reduce felony murder to manslaughter?
California, United States of America
When will a director no longer hold office?
Canada (Federal), Canada
What is a plaintiff required to identify the other parties that are "highly unlikely to produce any result"?
British Columbia, Canada
How have the courts interpreted section 12021 of the California Criminal Code when a defendant is charged with possession of a firearm by a felon?
California, United States of America
What is the impact of freedom of expression in the context of restrictions on the media reporting on matrimonial disputes?
Ontario, Canada
What is the date of an amended Complaint against Tracy Rivers?
MultiRegion, United States of America
When reviewing a conviction upon a guilty plea to an impossible crime, can an accused waive a statutory right to a jury?
"New York", United States of America
In a motion to vacate an arbitration award, what is the test for vacating an award?
California, United States of America
Can a litigation guardian and litigation guardian agree to pay solicitor’s fees in a settlement?
Ontario, Canada
Does a treaty have the same constitutional status as Aboriginal rights?
British Columbia, Canada
Is a judicial officer liable for damages when they are acting in their judicial capacity?
California, United States of America
Does a jury selection error result in a guilt-prone jury?
California, United States of America
What is the proper venue for a criminal trial under section 777 of the California Penal Code?
California, United States of America
What are the principles of hearsay and the exceptions to hearsay in medical malpractice cases?
Nova Scotia, Canada
Does a judge have to hold a hearing to determine if a bribe or threat to a juror was communicated to the other jurors?
MultiRegion, United States of America
What are the requirements of the Court of Appeal for the appellant to present their case in a single, cross-examining the facts of the trial judge?
California, United States of America
What is the current state of the law on injunctive relief?
MultiRegion, United States of America
What are the consequences of a defendant waiving his right to a jury trial on alleged prior convictions?
California, United States of America
What is the test for determining the intention of a grantor in the event of an ambiguity in a description of a parcel of land?
Nova Scotia, Canada
When will a motion judge's decision relating to spousal support be reviewed by the Court of Appeal?
Ontario, Canada
What is the lesser included crime for domestic violence?
California, United States of America
How does Rule 23 of the Rule 23 class settlement work?
MultiRegion, United States of America
What is the appropriate degree of duty under the fiduciary relationship rule?
MultiRegion, United States of America
What is the test for reasonable return in a variance case?
"New York", United States of America
What is the current state of the law regarding applications to change venue?
British Columbia, Canada
Is there a distinction between knowingly making and intentionally making false affidavits?
MultiRegion, United States of America
What is the test for making a finding under the California Family Law Act?
California, United States of America
Can a plaintiff sue other parties to litigation for interference with the Plaintiff's ability to prevail in a common law tort action?
California, United States of America
How do courts determine whether a matter arises out of a collective agreement?
Saskatchewan, Canada
What is the test for acquitting a defendant in a sexual assault case?
California, United States of America
What is the legal test for overturning the penalty for failing to identify a "special circumstance" in a death penalty case?
California, United States of America
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute?
California, United States of America
What is the test for conducting a substantial evidence review based on all of the evidence?
California, United States of America
How have the courts treated the evidence in a sexual assault case?
Ontario, Canada
What is the standard of review applied in cases where the prosecution relies primarily on circumstantial evidence?
California, United States of America
What is the test for cross-examining a witness in a sexual assault case?
"New York", United States of America
What is the test for a jury to find that a defendant has not been prejudiced by a jury in a case where there was no cross-admissibility?
California, United States of America
In a motion for modification of judgment, what is the difference between a motion to vacate or withdraw a plea?
California, United States of America
