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 test for determining whether a delay of more than a year is fatal to an application?
Alberta, Canada
How have the courts interpreted the trespass instruction in a personal injury case?
California, United States of America
Does attacking a military convoy constitute terrorist activity under section 1182 of the Terrorism Act?
MultiRegion, United States of America
Does the First Amendment have any relevance to this case?
California, United States of America
In what circumstances will a judge order a new trial on the grounds of reversible error in a nonstatutory reasonable doubt instruction?
MultiRegion, United States of America
Is a defendant incompetent to stand trial?
California, United States of America
Is a prosecutor's expression of opinion in a criminal case prejudicial error?
California, United States of America
What is the test for establishing a "founded suspicion" or "articulable reason" to detain a person?
California, United States of America
Does section 1170.1, subdivision (a) of the California Criminal Code apply to "wobblers" who have been charged with the same nonviolent misdemeanors as felonies?
California, United States of America
What factors are used to determine the nature of the offender in a sexual assault case?
California, United States of America
What is the impact of a court order requiring a party to disclose their income before the date of the order is made?
British Columbia, Canada
Does a plea of guilty constitute the equivalent of a verdict of a jury?
California, United States of America
What is SLAPP and what is its impact?
California, United States of America
What is the evidence supporting the allegation that defendants were involved in a criminal gang?
California, United States of America
Is a solicitor entitled to a bonus in the event of success?
Alberta, Canada
What is the test for causation in a breach of contract case?
California, United States of America
Can a conspiracy claim for constructive fraud be based on a breach of fiduciary duty?
MultiRegion, United States of America
What are the principles applied to an assessment of the cost of future care?
British Columbia, Canada
Does the "rule of reason" test apply to review for abuse of power?
MultiRegion, United States of America
Does a defendant have to provide evidence of a defendant's state of mind in a civil case?
California, United States of America
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase?
MultiRegion, United States of America
Does a cause of action for reformation of a contract have proper venue in petitioner's residence?
California, United States of America
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants?
MultiRegion, United States of America
Does the standard of review need to be reformulated to permit appellate intervention in cases where the award is substantially lower or higher than the range?
British Columbia, Canada
Is there any case law where a judge has a wide range of opinions regarding prejudice?
MultiRegion, United States of America
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property?
Ontario, Canada
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately?
California, United States of America
How have the courts in BC dealt with an application to add new parties to a claim for damages brought by a plaintiff who was injured in a motor vehicle accident in 2014?
British Columbia, Canada
Is there any case law where a judge has been found guilty of misconduct in writing and issuing insufficient funds on a personal account?
California, United States of America
What is the test for determining whether there is a conflict in the evidence or the facts or the inferences arising from the evidence?
California, United States of America
What evidence was introduced and submitted to the jury on the theories that appellant was guilty of possession, on each of the four counts under which she stands?
California, United States of America
What is the test for conscriptive evidence in a sexual assault case?
British Columbia, Canada
In what circumstances will a court find a golf driving range liable in nuisance?
Manitoba, Canada
What is the current state of the law on the corroboration rule?
MultiRegion, United States of America
Does a felon in possession of a firearm preclude the prosecution of a manslaughter charge?
California, United States of America
Is there any case supporting the proposition that a person can be bound by law by virtue of having an equal status?
British Columbia, Canada
Does a court err when it refuses to use black-and-white photographs of a crime scene to "sanitize" the crime scene by trying to disguise blood?
California, United States of America
In what circumstances will a judge grant a motion to sever evidence of a similar crime in a separate criminal trial?
California, United States of America
Can a reviewing court review a trial judge's disposition on costs?
Ontario, Canada
What is the purpose of a spousal support order?
British Columbia, Canada
What is the test for finding Dennis unavailable due to the People's failure to exercise reasonable diligence in attempting to locate him?
California, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
What is the test for determining whether there is a causal connection between the conditions under which an employee is required to perform his work and the resulting injury?
"New York", United States of America
Can a court vary a final order pursuant to the Children's Law Reform Act?
Ontario, Canada
What is the Defendant's position on the charge of attempted voluntary manslaughter?
California, United States of America
What is the consequence of the failure to disclose relevant information in a police officer's personnel file?
California, United States of America
What is the test for determining probable cause in a civil case?
California, United States of America
Does the term "district" mean anything?
California, United States of America
What is the test to determine whether a law or governmental action violates the equal protection guarantee?
California, United States of America
What is the test for spousal support under a non-compensation basis?
British Columbia, Canada
What is the state of the law on the statute of limitations for fraud and concealment of fraudulent transactions?
MultiRegion, United States of America
Does the failure to give a "negligence per se" instruction based on section 70707 of the Health and Social Care Act constitute a prejudiced judgment?
California, United States of America
What is the definition of a crime against humanity?
MultiRegion, United States of America
In what circumstances will a court dismiss a motion alleging that a juvenile offender was released into the custody of his mother?
California, United States of America
What is the test for admitting evidence of an obsession with murder?
California, United States of America
What is the test for determining whether a person can be found to have committed a crime by failing to show a reasonable risk of harm?
MultiRegion, United States of America
Does the common benefit doctrine apply to attorney fees?
MultiRegion, United States of America
What is the test for reversal of a preliminary injunction for abuse of power?
MultiRegion, United States of America
What is the cause of action for trespass on a private property?
British Columbia, Canada
What is the test for limiting defense counsel's questioning during trial?
MultiRegion, United States of America
If a defendant is arrested and charged with multiple crimes, is his sentence credited against the term imposed on each crime?
California, United States of America
What is the burden of rebutting the presumption of correctness in civil litigation?
MultiRegion, United States of America
Under what circumstances can a police officer detain an individual for questioning?
MultiRegion, United States of America
Does the Attorney General have to preserve or amend the reasons for imposing consecutive sentences?
California, United States of America
What is the evidence supporting the jury's implicit finding that moving from the scene of the crime to the victim's location increased the risk of harm to Doe 2?
California, United States of America
What is the test for obtaining a waiver of a suspect's rights?
California, United States of America
What is the burden of sustaining a motion on grounds not stated by the lower court?
California, United States of America
What is the legal test for a prospective witness not to testify in a criminal case?
MultiRegion, United States of America
What is the effect of permitting a bull to be at large?
Saskatchewan, Canada
What is the test for having assigned counsel in a civil proceeding pro se?
MultiRegion, United States of America
What are the relevant factors in determining the appropriate penalty in a sexual assault case?
British Columbia, Canada
What is the test for using a state statute as a substitute for a federal statute?
MultiRegion, United States of America
Does a defendant have to have notice that he is being considered by a jury in a civil case?
MultiRegion, United States of America
What is the legal test for mental competence of a defendant in a criminal case?
California, United States of America
What is the legal test for filing a motion for relief from default within a reasonable time?
California, United States of America
What is the result of an appeal in the Superior Court of Appeal against the conviction and sentence of a convicted rapist?
California, United States of America
Can a defendant rely on hearsay testimony in a criminal case?
MultiRegion, United States of America
Can a defendant bring a claim of ineffective assistance on appeal?
MultiRegion, United States of America
What are the matrimonial debts of the parties?
Alberta, Canada
What is the general rule of law on the principle that all evidence is to be weighed according to the weight of the evidence?
British Columbia, Canada
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
Is a prison officer liable for failing to prevent an assault?
MultiRegion, United States of America
What is the current state of the law on fiduciary obligations in a new relationship?
Ontario, Canada
Does a prosecutor's ineffective assistance of counsel result in defense counsel's failure to object?
California, United States of America
Does the lingering doubt defense need to be presented to the jury?
California, United States of America
What is the difference between the federal and provincial governments?
California, United States of America
Can a city bring a cause of action for declaratory relief that is based on a contractual dispute?
California, United States of America
Can an employer be held liable for failing to warn that an employee was carrying out an unannounced inspection?
MultiRegion, United States of America
What is the test for jury instructions in a medical malpractice case?
California, United States of America
What is the test for pleading guilty in a criminal case?
California, United States of America
Is there any case law where a pro se litigant abandons his additional claims on appeal?
MultiRegion, United States of America
Can a jury's verdict be vacated and a new trial ordered?
California, United States of America
What is the test for allowing a party not before the court to assert their own rights?
MultiRegion, United States of America
Is a defendant's attorney ineffective in causing the jury to learn of the prior judgment of death?
California, United States of America
What is the test for determining whether a plaintiff is entitled to a fee that is not unreasonable?
California, United States of America
Is it an abuse of process for an applicant to seek to raise allegations that were the subject of a settlement agreement?
Ontario, Canada
What is the test for establishing that a marriage is legally binding?
California, United States of America
What is the standard of fair compensation for a plaintiff in a medical malpractice case?
British Columbia, Canada
Can a police officer order a driver to retrieve and present his license for examination?
California, United States of America
What contact time should RC have with the children?
British Columbia, Canada
Is a party who has been granted exclusive possession of a property a tenant of the property?
Saskatchewan, Canada
Does a federal district court's failure to make the required findings constitute plain error?
MultiRegion, United States of America
What is the standard of review applied to a Minister's surrender decision?
British Columbia, Canada
What evidence supports the finding that appellant was an organizer or leader in the criminal association or conspiracy?
MultiRegion, United States of America
What is the test for "independent review" of the evidence in criminal cases?
California, United States of America
In what circumstances will a court strike a punitive award in a motor vehicle accident?
California, United States of America
What constitutes malicious postings and e-mails sent to a plaintiff alleging that she is a convicted pedophile, gangster and organized crime figure?
Ontario, Canada
Can a petitioner obtain federal habeas relief for erroneous jury instructions in a civil case?
MultiRegion, United States of America
What is the test for vesting a morte testatoris in the remainder of a deceased's estate?
Saskatchewan, Canada
What is the object and duties of section 3 of the BC Human Rights Act?
British Columbia, Canada
What is the minimum probability of success on the merits of a federal due process claim?
MultiRegion, United States of America
What is the test for a child protection order against a mother who has been accused of experimenting with her children’s lives?
Ontario, Canada
What is the current state of California Probation and Para-proceeding with the waiver of a Fourth Amendment search as a condition of probation?
California, United States of America
What is the test for standing for injunctive or declaratory relief in a medical malpractice case?
MultiRegion, United States of America
What is the test for insufficient evidence in a sexual assault case?
California, United States of America
What is the test for a warrantless search of a defendant in a criminal case?
"New York", United States of America
Can an employer avoid having a portion of a settlement used to pay the employee's attorney?
California, United States of America
What is the test for a different type of disability determination?
MultiRegion, United States of America
In what circumstances can a defendant be found to have caused a fire by leaving a cigarette on a chair?
Ontario, Canada
Is a police officer required to make a public announcement to enter an individual’s home?
Ontario, Canada
What is the test for a court to exercise inherent jurisdiction?
Saskatchewan, Canada
Does the Court of Appeal have any authority to intervene in an application for support or maintenance?
Nova Scotia, Canada
What issues have counsel considered to assist the court in its independent review?
California, United States of America
What are damages for a crime victim who loses their wages while assisting the police or prosecution?
California, United States of America
Is refusing to address clinical recommendations a factor in unreasonable behaviour?
Ontario, Canada
What is the standard of review and what is the test of reasonableness?
British Columbia, Canada
Is there any case law where a judge has been found to be immune from liability for the actions of an employee who obeyed his own instructions?
MultiRegion, United States of America
Is there a duty to inform the jury that they must follow the law?
California, United States of America
What is the test for determining whether a juror's response to a prosecutor's argument that a jury should not be convicted of a crime for the wrong reasons?
MultiRegion, United States of America
Is a jury required to be instructed on the burden of proof during the penalty phase?
California, United States of America
Is allocation of shareholder benefits to a taxpayer’s shareholder justifiable where that benefitting taxpayer is a shareholder?
Canada (Federal), Canada
What is the range of general awards in medical malpractice cases?
British Columbia, Canada
What is the test for determining a spouse's ability to earn as distinguished from actual income?
California, United States of America
What is the test for federal paramountcy?
Yukon, Canada
What constitutes fraudulently prevented from presenting their claim or defense?
California, United States of America
What is the standard of conduct of a trial judge?
California, United States of America
How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified?
British Columbia, Canada
What is the test for determining whether an open and obvious condition in a motor vehicle accident is an accident?
"New York", United States of America
What is the burden of proving an arbitration provision invalid or otherwise unenforceable?
California, United States of America
What is the test for evaluating testimony in a civil case?
California, United States of America
Is there any barriers or barriers in accessing educational programs or practicums?
Ontario, Canada
Is a certificate of probable cause required to enforce a negotiated plea?
California, United States of America
What is the test for reversing a judgment in a personal injury case?
California, United States of America
What is the effect of Section 1170 of the California Criminal Justice Realignment Act on jail terms?
California, United States of America
What are the elements of a claim for unjust enrichment?
Ontario, Canada
Is there any case law where a correctional officer has been found liable for excessive force?
MultiRegion, United States of America
Can a prosecutor be found guilty of misconduct when he intentionally asks questions that are inadmissible?
California, United States of America
When will the court order disclosure of the entire criminal rap sheet to the defense?
California, United States of America
What is the test for a sudden quarrel or heat of passion murder?
California, United States of America
Can a custodian of records oppose a contested motion for in camera review?
California, United States of America
Is there a distinction between an attempted crime and a conspiracy?
California, United States of America
Is an agreement to arbitrate between the parties enforceable?
MultiRegion, United States of America
Is a federal claim enforceable if the trial court dismissed the motion for failure to state the claim?
MultiRegion, United States of America
What is the impact of improper communications between counsel and jury?
MultiRegion, United States of America
What are the implications of the First Amendment right of an inmate to file a grievance in a federal court?
MultiRegion, United States of America
What is the test for excluding expert testimony in a medical malpractice case?
California, United States of America
Does a defendant have any confusion about his right to refuse to speak and to have an attorney present?
California, United States of America
What is the effect of multi-factorial analysis in assessing a marked departure?
British Columbia, Canada
What is the test for exclusion of evidence in a criminal case?
California, United States of America
What constitutes a fraudulent misrepresentation to B?
Alberta, Canada
Does a court have discretion to reduce the quant of costs that the Respondent has to pay because of his financial condition?
Ontario, Canada
Is there genuine lis between the parties to the issue of non-removal?
Ontario, Canada
When will the defence counsel oppose the recalling of J.K. K.O. for a charge of sexual assault?
British Columbia, Canada
Does a minor have to pay out the attorney fees paid out of the share of the settlement proceeds?
California, United States of America
Can a defendant be sentenced to a life term under section 667.7 of the Criminal Code for the murder of his ex-girlfriend?
California, United States of America
What is the test for probable cause in cases of mistaken identity?
"New York", United States of America
What is the test for reducing a murder to voluntary manslaughter?
California, United States of America
What are the grounds for dismissal and remand the action to a state court?
MultiRegion, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
What is the test for the purpose of spousal support?
British Columbia, Canada
What is the test for a conscientious objector claim?
MultiRegion, United States of America
In what circumstances will a police officer be charged with bribery in a criminal case?
"New York", United States of America
What is the limitation period on a petition for post-conviction relief?
MultiRegion, United States of America
What is the effect of a chambers judge's decision not to refer the matter to the Registrar rather than the chambers judge?
British Columbia, Canada
What is the test for reasonable suspicion in a search?
California, United States of America
Does the court have to dispense with consent of the father of a child?
Ontario, Canada
What is the duty of a trial court to instruct a jury on an affirmative defense?
California, United States of America
Can an amended complaint to conform to proof be filed after the trial has concluded?
California, United States of America
In what circumstances will a court overturn an agreement for the sale of a homestead made by an elderly father in good health and in possession of all his faculties?
Saskatchewan, Canada
When competing interest in a property is expressed in a caveat, can the first purchaser of the property, who filed a caveat at the same time as the second, have priority to the first?
Saskatchewan, Canada
How have courts interpreted the Miranda v. Arizona v. Miranda case?
California, United States of America
How does the court review a restitution order for abuse of discretion?
California, United States of America
What is the appropriate test for a stay pending appeal?
British Columbia, Canada
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
Does implantation of an ear tube and allowing it to remain beyond the time set for removal adequately describe a serious medical need?
MultiRegion, United States of America
What factors are relevant to the assessment of the public interest?
British Columbia, Canada
What is the current state of the law on international recognition of judgments in private international law?
Manitoba, Canada
Can a defendant be convicted of multiple convictions for different crimes based on a single act?
California, United States of America
Is a covenant of good faith and fair dealing enforceable?
MultiRegion, United States of America
What are the relevant contingencies for a plaintiff in a motor vehicle accident?
British Columbia, Canada
What is the test for an inmate to claim that his right of access to the courts has been violated?
MultiRegion, United States of America
Is a judicial review of a ballot measure after the election appropriate?
California, United States of America
Does section 654 of the California Criminal Code apply to carjacking?
California, United States of America
What is the relevant case law in the context of sexual assault cases?
California, United States of America
What is the effect of "palm tree justice" on real property rights?
Ontario, Canada
What is the burden of a fiduciary on a plaintiff to prove that entrusted funds were not improperly used?
MultiRegion, United States of America
What are the elements of a prima facie case for retaliation?
MultiRegion, United States of America
Can a jury infer a defendant's specific intent from the circumstances attending the act?
California, United States of America
Is there jurisdiction to review both orders in part and part of the habeas petition?
MultiRegion, United States of America
Does the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they asserted to promote?
California, United States of America
