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 the legal test for an oral agreement?
Ontario, Canada
What is the test for determining whether a plaintiff should have to pay additional special costs in a personal injury action?
British Columbia, Canada
Is affidavit evidence from a decision maker admissible on judicial review?
British Columbia, Canada
Is exclusion of evidence pursuant to the state evidentiary rule unconstitutional?
MultiRegion, United States of America
Does the term "sustained" mean a period of time that is sustained?
California, United States of America
Does the exclusionary rule apply to a defendant who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by the third person?
MultiRegion, United States of America
Does the phrase "per stirpes" in a will need to be interpreted as per stirpes?
Ontario, Canada
What factors will the court consider when determining the division of assets between the parties in a long-term marriage where there was a long term marriage?
British Columbia, Canada
What is the test for a plaintiff to successfully argue that a voluntary association's bylaws do not constitute a cause of action for breach of contract?
California, United States of America
Can a seller exclude an implied warranty through a contract term?
British Columbia, Canada
What is the state of the law in the context of an appeal?
California, United States of America
What is the impact of close relationship between a witness and the witness?
British Columbia, Canada
Does the Fifth Amendment privilege apply to a plaintiff in a civil case?
California, United States of America
What is the quantum of bad faith damages awarded by a jury at the Superior Court of Justice for an additional three months of notice?
British Columbia, Canada
What is the test for applying the relationship-back doctrine in a personal injury case?
California, United States of America
What is the test for establishing an agency relationship between a principal and an agent?
California, United States of America
What is the impact of a change in the law which holds out the deliberate prospect of uni racial or uni cultural juries?
Ontario, Canada
Does Section 190.2(d) of the California Criminal Code apply to a felony-murder defendant?
California, United States of America
What rights does a jury have in determining whether a defendant should be found guilty of a criminal offence?
California, United States of America
What are the implications of the Court of Appeal's decision not to grant a suspended sentence to an appellant in his criminal case?
California, United States of America
In what circumstances can the court declare the children of the marriage and adjourn the application for child support?
British Columbia, Canada
When will a defendant's claim of ineffective assistance be rejected on appeal?
California, United States of America
What are the four factors used to determine whether a medical malpractice case should be successful?
Alberta, Canada
What is the test for full and adequate disclosure under section 7 of the Charter?
Ontario, Canada
In what circumstances will the Court grant a temporary order to remove a child from the care of the child's biological mother?
MultiRegion, United States of America
In what circumstances will a jury overturn a conviction for human trafficking?
California, United States of America
Is section 2805 of the California Criminal Code unconstitutional because it purports to authorize a search of an occupied vehicle in violation of applicable constitutional limitations?
California, United States of America
How have courts interpreted section 175 of the Criminal Code with respect to an enhancement to a sentence that includes an indeterminate term?
California, United States of America
How have courts dealt with allegations of error in excluding evidence in a sexual assault case?
California, United States of America
How much contributory negligence has been apportioned to a plaintiff who tripped on a crack?
Ontario, Canada
What are the consequences of failing to install smoke alarms?
British Columbia, Canada
Can an employer be held vicariously responsible for an employee's injuries?
California, United States of America
Is an assault in the second degree a lesser included crime under New York State Penal Law?
"New York", United States of America
Are there any cases where a husband and wife filed joint tax returns at the same time?
MultiRegion, United States of America
What is the test for overturning a finding of fact by a federal district court?
MultiRegion, United States of America
What are the implications of a claim to add parties and amend pleadings?
British Columbia, Canada
Does a judge have discretion to sentence an appellant to a full, consecutive sentence under section 667.67.6, subdivision (d) of the Penal Code?
California, United States of America
What is the general rule on remand in a criminal case?
California, United States of America
What is the standard for criminal negligence in involuntary manslaughter?
California, United States of America
What is the common law privilege against disclosure of the identity of a confidential informant?
California, United States of America
What is the test for a civil rights claim against a defendant?
MultiRegion, United States of America
Does privilege over an without prejudice letter apply to the entire document?
British Columbia, Canada
Can a plaintiff's comparative negligence be asserted as a defense in a tort action?
California, United States of America
What is the current state of the law in respect of due process?
MultiRegion, United States of America
What is the test to vary a custody order?
New Brunswick, Canada
What is the test for affirmative defense?
California, United States of America
Can a plaintiff waive his right to cross-examine his wife during a family law hearing?
California, United States of America
Is insufficient evidence sufficient to invalidate a conviction?
California, United States of America
How have the courts treated a claim for unpaid debts in the context of employment law?
MultiRegion, United States of America
What is the test for a plaintiff to be fully compensated by way of damages for personal injury?
Ontario, Canada
Can a declaratory relief action be considered a contract?
California, United States of America
Does the Due Process Clause apply to a prisoner?
MultiRegion, United States of America
What is the current state of the law around the use of video technology at a civil hearing?
Ontario, Canada
What is the effect of the Moorhouse tests on an assault claim?
British Columbia, Canada
Can a plaintiff obtain a declaratory judgment and injunctive relief in a second action for damages under the same federal statute?
California, United States of America
What is the meaning of the word "eligible for remission"?
Ontario, Canada
What is the standard of care required by a strata to repair and maintain common property?
British Columbia, Canada
What is the test for making a defendant pay for the costs associated with acquiring the relevant clinical notes and records?
Ontario, Canada
What is the role of a trial attorney in determining the cause or defense of a defendant?
California, United States of America
How is spousal support calculated when the applicant no longer has any employment income?
Saskatchewan, Canada
Can a judge accept the amendments dealt with in paras 18.5 and 22.4 of the case as a whole?
Canada (Federal), Canada
What is the test for aggravated punishment for a crime committed while defendant was legally insane?
California, United States of America
What is the role of the court on an interim application for support?
Ontario, Canada
Does a sentence imposed on count 4 under section 654 of the California Criminal Code apply under the multiple victim exception?
California, United States of America
What is the standard of care under s. 175 of the Motor Vehicle Act?
British Columbia, Canada
Does the Court have any power to vacate or set aside a judgment in a criminal case?
California, United States of America
What is the test for a court to grant complete relief in a declaratory judgment action?
California, United States of America
What is the test for a defendant to be found guilty of a lesser charge under section 69 of the Criminal Code?
California, United States of America
What is the test for sealing a search warrant?
California, United States of America
What is the standard of care for an individual who is injured in a motor vehicle accident?
New Brunswick, Canada
Can a sawed-off shotgun be used in a burglary?
California, United States of America
What is the current state of the law on "fighting words" and obscenity?
MultiRegion, United States of America
What are the elements of premeditation and deliberation relevant to sustain a verdict of first degree murder?
California, United States of America
What is the standard of clinical judgment in medical malpractice when a radiologist fails to diagnose a fracture?
British Columbia, Canada
Is there probable cause to hold defendant to answer for the attempted murder charge?
California, United States of America
What is the test for determining the length of a defendant's sentence?
California, United States of America
What is the test for determining whether provocation was a factor in a murder case?
California, United States of America
When defendant threatened to blow up his mother's home, in what circumstances would he be convicted of making a criminal threat against her?
California, United States of America
What is the test for insufficient evidence in a sexual assault case?
California, United States of America
In what circumstances have courts accepted or rejected statistics that do not support a claim that the population of a community does not represent a representative cross-section of the population?
California, United States of America
What is the applicable standard of review for findings of credibility?
Canada (Federal), Canada
What is the test for directing a defendant to pay damages in a motor vehicle accident?
Alberta, Canada
Does a defendant have a right to appear before the jury free of shackles or other restraints?
MultiRegion, United States of America
What are the consequences of a trial court's ruling on discovery under the abuse of discretion standard?
California, United States of America
What are some of the badges of fraud that were listed in Prodigy?
Ontario, Canada
What is the test for overturning a jury's guilty verdict?
California, United States of America
What is the test for "due diligence"?
MultiRegion, United States of America
Can a plaintiff sue a government official on the theory that he or she is responsible for the unconstitutional conduct of his or her subordinates?
MultiRegion, United States of America
Is effective management of fisheries a valid purpose for denying a fishing permit?
Saskatchewan, Canada
Can a plaintiff bring a cross-complaint?
California, United States of America
What is the test for reducing the maximum penalty for murder of the first degree?
California, United States of America
Is there any abuse of the law or abuse of evidence against appellant in his assault case?
California, United States of America
What is the test for determining the statute of limitations for a Page 8 action?
MultiRegion, United States of America
Can a partner or associate lawyer swear an affidavit in support of a motion?
Ontario, Canada
What is the current state of the law on the conduct of a prosecutor in a civil trial?
California, United States of America
What is the law applicable to a claim of insufficiency of evidence?
California, United States of America
What is the effect of the Scrutin 3 scale 3 to compensate for "average" or "ordinary" difficulty?
British Columbia, Canada
What is the test for determining probable cause under the Fourth Amendment?
California, United States of America
Does the Court have jurisdiction to hear an appeal pro se from a denial of a motion to correct a presentence report?
MultiRegion, United States of America
What is the scope of the inmate's "right to bring a grievance to court"?
MultiRegion, United States of America
What is the test for finding individual defendants liable for breach of a sales contract?
British Columbia, Canada
What are a number of federal and state constitutional provisions that prohibit the taking of private property for public use without just compensation?
California, United States of America
What is the conceptual framework for determining spousal support entitlement?
British Columbia, Canada
What is the test for requiring a parent to contribute to the cost of an extraordinary expense?
Alberta, Canada
What is the burden of establishing that any prior conviction under Proposition 47 is eligible for relief?
California, United States of America
Does a court have a sua sponte duty to instruct on involuntary manslaughter?
California, United States of America
What is the test for unequal division of matrimonial assets?
Nova Scotia, Canada
What is the test for driving in the wrong lane?
Manitoba, Canada
In a federal habeas review of a claim of insufficient evidence, what is the meaning of the phrase "all evidence must be considered in the light of the prosecution"?
MultiRegion, United States of America
What is the current state of the law in relation to multi-party litigation?
Saskatchewan, Canada
What is the test for support and maintenance under the definition of a parent who is not a parent?
British Columbia, Canada
What is the test for a defendant's ability to object to a court's decision to grant a defense counsel fee?
California, United States of America
Does a finding that evidence obtained pursuant to an arrest under an unconstitutional statute necessarily require that such evidence be suppressed?
"New York", United States of America
What is the test for a firearm possession offence?
California, United States of America
Does the term "accessing" or "intercepting" an electronic communication need to be interpreted as an eavesdropping warrant?
"New York", United States of America
What is the difference between the mail and wire fraud statutes?
MultiRegion, United States of America
What decisions have been reviewed and applied in this province?
New Brunswick, Canada
What defects exist in the instruction that possession of stolen property tends to prove robbery rather than grand theft?
California, United States of America
Is a defendant's lack of trust in an appointed attorney sufficient to compel appointment of a substitute counsel?
California, United States of America
What is the test for making out a proper basis for an exemption?
British Columbia, Canada
Can a will not be executed in compliance with section 6110, subdivision (c)(1) of the California Probate Code?
California, United States of America
What constitutes abandonment of a cause of action on appeal?
California, United States of America
Is the federal Constitution not violated by not requiring a penalty phase jury to reach unanimity on the basis of aggravating factors?
California, United States of America
How does section 215 of the Immigration Code affect the deportation of an illegal alien?
MultiRegion, United States of America
How have courts treated medical malpractice in cases involving an ectopic pregnancy?
British Columbia, Canada
What factors must be considered in determining whether a defendant's Miranda waiver is effective or ineffective?
California, United States of America
What is the slight corroboration requirement for possession of stolen property?
California, United States of America
What rights does a criminal defendant have to be personally present at a trial?
California, United States of America
What is the legal framework that informs an award for loss of earning capacity?
British Columbia, Canada
What is the proper approach on an application for security for costs of appeal?
British Columbia, Canada
What is the test for admitting or excluding expert testimony in a medical malpractice case?
California, United States of America
What is the test for the exclusion of evidence in a civil case?
California, United States of America
Are contractual attorney fees awarded to a party who recovers no money damages treated as incidental costs of litigation?
California, United States of America
What is the test for credibility in a criminal case?
California, United States of America
What is the test for a plaintiff's claim that he was improperly transferred to Pelican Bay State Prison?
MultiRegion, United States of America
What is the test for reasonable suspicion of a vehicle and traffic law violation?
"New York", United States of America
Can a federal firearms licensee be considered a government official for purposes of the defense of entrapment by estoppel?
MultiRegion, United States of America
In a diversity action, in what circumstances can the opposing parties claim attorney's fees for the prevailing party?
MultiRegion, United States of America
What is the test for determining that access is not beneficial and meaningful to R?
Ontario, Canada
What are the implications of a finding that shares are not family assets?
British Columbia, Canada
What is the test for having maximum access to a child?
Ontario, Canada
Is there a cause of action for negligent infliction of emotional distress?
MultiRegion, United States of America
In what circumstances will a court grant injunctive relief against a television reporter who harassed and spied on a family for a story?
California, United States of America
What is the test for a motion for a new trial based on ineffective assistance of counsel?
California, United States of America
What is the effect of dimmed memory on witnesses who witnessed appellant at the time of the crime?
MultiRegion, United States of America
What is the legal test for whether an admission or confession was voluntary?
California, United States of America
Is there any 'weak evidence before the jury' or 'strong evidence'?
MultiRegion, United States of America
What is the test for rescinding a decision?
Canada (Federal), Canada
What is the effect of a trial judge’s “dollar for dollar” approach to reapportionment of the family finances?
British Columbia, Canada
Does defendant have a religious objection to the exclusion of prospective jurors from a jury?
California, United States of America
How has the Court dealt with the issue of failure to process Appeal 04034?
MultiRegion, United States of America
How have courts interpreted the implied covenant of good faith and fair dealing in the context of termination rights?
MultiRegion, United States of America
Does an offer to settle in a case constitute a special circumstance and justified departure from Rule 66(29)?
British Columbia, Canada
What are the consequences of the Attorney General's error in his written order for volunteer work requirements?
California, United States of America
What is the test for admitting or excluding expert testimony at trial?
California, United States of America
What is the test for a plaintiff to bring a claim under the California Civil Code of Civil Procedure?
California, United States of America
Are cars sold with a balance remaining on a manufacturer's new motor vehicle warranty included within the definition of "new motor vehicle"?
California, United States of America
How have the courts dealt with an appeal from a finding that a defendant was mentally unfit to stand trial for indecent exposure?
California, United States of America
How does section 654 of the California Penal Code apply?
California, United States of America
How have courts interpreted the meaning of the word "willing to act" in the context of reasonable doubt?
MultiRegion, United States of America
What is the standard of review on the admissibility of evidence in a sexual assault case?
California, United States of America
What is the test for sufficient evidence to overturn a conviction?
California, United States of America
What is the meaning of the word “intoxicated”?
Saskatchewan, Canada
What is the legal test for calling evidence in a sexual assault case?
Newfoundland and Labrador, Canada
What is the test for determining the range of damages for a plaintiff who sustained a fractured skull in a motor vehicle accident?
British Columbia, Canada
Is a jury permitted to read written instructions of the court in the jury room?
California, United States of America
What are the factors relevant to sentencing a young offender?
British Columbia, Canada
What is the burden of proving that a settlement was made in good faith?
California, United States of America
What is the effect of failing to call witnesses who may have important medical evidence?
British Columbia, Canada
Is section 1538.5 of the California Code of Civil Procedure sufficient to compel a censor to go to court?
California, United States of America
In what circumstances would a reasonable innocent person believe that they were in custody during a search at a border search?
California, United States of America
Does a per se "two-minute rule" derived from Bynum apply to immunity for wiretaps?
MultiRegion, United States of America
When will a judge order a supplemental brief in defence of a motion of appeal?
California, United States of America
When will the court allow a jury to convict a defendant of corporal injury to his spouse if he accidently pushes his partner into the bedpost?
California, United States of America
What is the defence of self-defence?
New Brunswick, Canada
What factors under section 65(1)(f) of the Rules of Apportionation under s. 65(2)(f), when a spouse's contribution to the value of an interest in P.S. Ltd. during the last three years of their marriage?
British Columbia, Canada
Can a federal habeas court review a claim made by a state court against a federal defendant?
MultiRegion, United States of America
Is there any case law where a defendant has been successful in challenging a finding that the trial court erred prejudicially in its review process?
California, United States of America
What is the test for a challenge to a trial court's choice to admit or exclude evidence under section 352 of the California Evidence Code?
California, United States of America
What is the test for a judge to be a self-represented judge in a personal injury case?
Ontario, Canada
What is the test for admitting a witness to give evidence of abuse?
California, United States of America
In what circumstances will a trial court deny an award of attorney fees on the grounds of special circumstances?
California, United States of America
Does the forfeiture rule apply to challenges to probation-related costs and/or to appointed trial counsel?
California, United States of America
What are the elements of a false imprisonment claim?
MultiRegion, United States of America
Is there a constructive trust or does the husband's testimony that he was the real owner of the unit?
Ontario, Canada
Does a decision to live together create a positive intention to contribute to and share in each other's assets and liabilities?
Alberta, Canada
Does the court have any reasonable grounds to infer malice from evidence that a client filed a lawsuit for breach of contract and legal malpractice against his former attorney for the improper purpose of retaliation?
California, United States of America
In a sexual assault case, is a prosecutor permitted to personally vouch for the credibility of his or her witnesses?
California, United States of America
How has the Attorney General argued that defendant forfeited his argument by expressly concurring with the court that a lesser included offense was not required under the circumstances?
California, United States of America
Can a defense attorney request a continuance on appeal?
California, United States of America
How have courts treated the issue of a proposed duty of care in a motor vehicle accident case?
Ontario, Canada
What is the effect of the statute of limitation on timely litigation?
California, United States of America
What is the impact of a deceased's death on the amount of family debt?
Alberta, Canada
How is the balance of probabilities applied in assessing future losses?
British Columbia, Canada
What is the test for "use" of a firearm under section 12022.5(a) of the California Criminal Code?
California, United States of America
Does a jury have any authority or responsibility to determine contract contract damages?
California, United States of America
When will estoppel apply to a patdown search?
California, United States of America
When a defense is raised by demurrer, what is the procedure?
California, United States of America
What is the burden placed upon a trial court under section 995 of the Penal Code?
California, United States of America
In a motor vehicle case, what evidence does the court consider to support an inference of malice?
California, United States of America
