Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
How has the court considered relevant factors in determining whether to grant a conditional discharge?
California, United States of America
Is the delay caused by an appeal from a judicial stay subject to Charter scrutiny?
Nova Scotia, Canada
What is the current state of the law on exercise rights for a prisoner?
MultiRegion, United States of America
What is the test for demonstrating good faith in an application?
Ontario, Canada
Can an employer be held liable for a worker's compensation claim where the employee is injured in a motor vehicle accident?
California, United States of America
What is the test for expert opinion evidence in a personal injury case?
Newfoundland and Labrador, Canada
Can a statutory obligation to pay compensation for damages resulting from the exercise of a pipeline company’s statutory powers create a civil cause of action?
Ontario, Canada
Is a county immune from liability for its failure to deploy its available on-duty police officers to the scene of a riot?
California, United States of America
What common law principle applies to articles attached to a piece of land?
Manitoba, Canada
When will a pro se plaintiff be denied leave to amend her complaint?
MultiRegion, United States of America
What is the test for a spouse's consent to disposition of a homestead?
Alberta, Canada
What evidence is required to support an allegation that a boat was damaged by an investor?
British Columbia, Canada
What is the test for judicial impartiality?
Ontario, Canada
Can a third party beneficiary of an arbitration agreement enforce the arbitration agreement against a plaintiff?
California, United States of America
In what circumstances will a lawyer be struck off his licence for fraudulent real estate transactions?
Ontario, Canada
Can a clause in a policy that states that an insurer may deny coverage, such as s. 1.4 of the policy, be interpreted as "may" preclude coverage?
Ontario, Canada
Can a federal judge bar evidence that is not specified in a pretrial order?
MultiRegion, United States of America
What is the test for a motion alleging that a section of the California Criminal Code is vague or ambiguous?
California, United States of America
Can an aider and abettor become liable for the commission of a very serious crime committed by the aeder and his confederate?
California, United States of America
What authority does this court have to remand an action?
MultiRegion, United States of America
Does the standard of reasonable doubt apply to a piece of evidence?
Nova Scotia, Canada
Does a defendant have a right to challenge his conviction for depraved indifference murder by requesting that the jury be charged with manslaughter in the second degree?
"New York", United States of America
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault?
British Columbia, Canada
Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"?
California, United States of America
What is the case law in favour of reducing the workload of a senior executive to a single position?
British Columbia, Canada
How have courts dealt with claims that an employer fired an employee for breaching internal policy?
California, United States of America
How has section 5K2.3 of the Criminal Code been interpreted in the context of psychological injury suffered by the victim's family?
MultiRegion, United States of America
Can a defendant appeal against his conviction for a charge of possession of a firearm without obtaining a certificate of probable cause?
California, United States of America
How have courts treated duress and psychological coercion in the context of sexual assault cases?
California, United States of America
What is the test for whether a federal Habeas Petitioner has exhausted all of his state remedies before filing a federal petition?
MultiRegion, United States of America
Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made?
California, United States of America
What is the test for credibility of historical evidence at trial?
British Columbia, Canada
What is the test for a factual sufficiency challenge in a civil case?
MultiRegion, United States of America
What is the proper test for insufficiency of evidence in a criminal case?
California, United States of America
Is it a criminal offence to offer in evidence a record that the person knows has been forged?
MultiRegion, United States of America
What is the legal test for admitting hearsay evidence in a summary trial case?
British Columbia, Canada
What is the standard for awarding statutory attorney fees?
California, United States of America
When will the court consider a request to independently review the record?
California, United States of America
What is the test for denying a defendant's right to challenge the determination of a restitution hearing?
California, United States of America
What is the standard for reasonable suspicion in civil cases?
California, United States of America
Is there any reasonable probability that counsel's error or error of judgment affected the verdict?
California, United States of America
Is a person who aids and abets in the commission of a crime a principal and is as guilty as a perpetrator?
California, United States of America
What is the current state of the law on liability for a veterinarian who is injured by a client's dog?
California, United States of America
Can the jury comprehend, recall and analyse the scientific evidence presented?
Alberta, Canada
Does the Miranda warning need to be triggered after a person has been taken into custody or otherwise deprived of his freedom?
MultiRegion, United States of America
What are the reasons of an order?
British Columbia, Canada
What is the appropriate notice period for an age title years service notice?
Alberta, Canada
What are the reasonable and unreasonable funeral expenses for a deceased person?
Alberta, Canada
What is the burden of proving an employer discriminated against an employee in the workplace?
California, United States of America
Can a public health officer order that every home be equipped with a colour television or popcorn maker for the same reasons?
Alberta, Canada
What is the test for using an excuse for failing to stop the car when driving?
Alberta, Canada
What is the error standard for failure to give a unanimity instruction?
California, United States of America
What is the effect of a change in circumstances in a child support case?
Ontario, Canada
What is the test for determining whether a person has been found to have an impairment that is not listed on a disability list?
MultiRegion, United States of America
When there are more than two joint tenants on title to a property, can one party severance the entire joint tenancy?
Ontario, Canada
When will a defendant lose his right to an objection when the prosecutor makes a reference to the Bible during his second penalty phase argument?
California, United States of America
Is a crime premeditated when it was considered beforehand and deliberate?
California, United States of America
Can defendants rely on the law of co-conspirator exception to the hearsay rule?
California, United States of America
What are the factors used to determine whether a parent has a valid parental mobility claim?
British Columbia, Canada
Does the court erred in failing to instruct the jury on "attempted involuntary manslaughter"?
California, United States of America
What is the impact of a long-term absence from the profession on the employment market?
Ontario, Canada
How should the BCSC assess the testimony of witnesses from other cultures or where English is a second language?
British Columbia, Canada
What are the requirements of Section 6 of the Tax Arrears Act, and what are the implications of Division 6?
Manitoba, Canada
What is the burden of establishing entitlement to relief for plain error?
MultiRegion, United States of America
Can a motion for reconsideration extend the time for filing the notice of appeal from the original ruling?
California, United States of America
What is the test for voluntary manslaughter based on imperfect self-defense?
California, United States of America
What is the test for removing a child from the home without a warrant?
MultiRegion, United States of America
How does the Court of Appeal review for abuse of discretion a sentencing enhancement under section 1385?
California, United States of America
What is the current state of the law on notice of failure to give notice of an application?
MultiRegion, United States of America
What factors will be considered in determining whether to award costs under section 3(1) of the Negligence Act?
British Columbia, Canada
Can a defendant's right to retained counsel of choice be abridged to serve a compelling purpose?
MultiRegion, United States of America
What jurisdiction does the Guam District Court have over civil actions that arise under federal law?
MultiRegion, United States of America
What is the test for obtaining consent under the Fourth Amendment?
California, United States of America
How can a judge appeal a conviction on the grounds of incompetence of counsel?
California, United States of America
What is the test for violating section 654 of the California Criminal Code when a defendant is convicted of multiple crimes arising from a single indivisible course of conduct?
California, United States of America
What is the test for reviewing an extradition order on a petition for habeas corpus?
MultiRegion, United States of America
What is the test for a court to accept testimony from a witness in a witness testimony?
California, United States of America
Can an order be issued against a defendant who is also a defendant in a criminal proceeding?
"New York", United States of America
What is the current state of the law on the destruction of evidence in a criminal case?
California, United States of America
Is character evidence admissible in a criminal case?
California, United States of America
Is there any case law where a judge was biased or prejudiced?
federal, United States of America
Is an employer's adverse action against an employee not illegal just because it is ill-advised?
California, United States of America
What would be required to have at least 8 named plaintiffs in a personal injury action?
MultiRegion, United States of America
Can a plaintiff maintain a commission under the contract?
Saskatchewan, Canada
Can a motion to dismiss a case for failure to comply with local rules be dismissed in a district court?
MultiRegion, United States of America
Does a plaintiff have to prove that his action does not violate clearly established law?
MultiRegion, United States of America
What is the legal test for dismissing a state-instituted paternity action?
California, United States of America
How have the Courts treated the foregoing provision of a "contract" in the context of a theft claim?
California, United States of America
In what circumstances will a defendant be held responsible for the rape of a woman in her own home?
California, United States of America
What is the limitation period for bringing a negligence claim against her current lawyers?
Ontario, Canada
Is a failure to admit or deny relevant evidence a breach of natural justice?
Manitoba, Canada
How have courts interpreted the Miranda rights of a defendant's Miranda waiver?
California, United States of America
What is the standard of review of a decision of a citizenship judge?
Canada (Federal), Canada
What is the limitation period for a motion under section 2255(f) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the current test for the least adjudicated elements test?
California, United States of America
What is the test for a jury to find that a murder committed for financial gain was intentional?
California, United States of America
Is evidence of mental disease, defect, or disorder admissible on the question of whether a defendant had the capacity to form the specific intent to commit the crime charged?
California, United States of America
Does section 1538.5 of the Penal Code of California apply to suppress evidence obtained as a result of an unlawful search or seizure?
California, United States of America
What is the legal test for overturning a conviction of sexual assault?
California, United States of America
What is the test for a judge to depart from the federal criminal sentencing guidelines when a defendant has pleaded guilty to a charge that has been dropped pursuant to a plea agreement?
MultiRegion, United States of America
What is the test for a jury to find a driver not negligent per se for using her headlights?
California, United States of America
Can a subpoena duces tecum be used to obtain a search warrant?
MultiRegion, United States of America
Can a police officer conduct a warrantless search of an automobile, including the containers within it, when they have probable cause to believe that the vehicle contains contraband or evidence of criminal activity?
MultiRegion, United States of America
Is detention of a driver in a stopped vehicle a Fourth Amendment violation?
California, United States of America
What are the reasons of the Chief Justice's decision that this appeal against the Court of Appeal should be dismissed?
British Columbia, Canada
What factors must be considered in determining whether an application has been commenced using the Internet?
Ontario, Canada
What is the burden of proving that a government position is substantially justified?
MultiRegion, United States of America
What is the standard of review in an appeal from a denial of a section 1473.7 motion to vacate a conviction?
California, United States of America
What is "critical" for the purposes of the Sixth Amendment?
"New York", United States of America
Does a landlord have a right to charge an increase in the amount of rent when the landlord has changed from an unfurnished to furnished apartment?
"New York", United States of America
What is the test for establishing a quid pro quo sexual harassment?
MultiRegion, United States of America
What is the effect of pleading no contest to a charge of continuous sexual abuse?
California, United States of America
Is there an expectation and general understanding that an individual filling in a registration of a live birth form provides information about the birth father?
British Columbia, Canada
What factors will be considered by the court when determining the appropriate scale of a person's sexual assault?
British Columbia, Canada
What is the test for dismissing a prior felony?
California, United States of America
What is the standard of care for doctors of chiropractic medicine?
British Columbia, Canada
In what circumstances will a court order that a city should appoint a commission to supervise the construction of a new city hall and court house?
Alberta, Canada
What is the test for a claim of prosecutorial misconduct?
California, United States of America
Can an employer be held liable for punitive damages based upon the acts of its employees?
MultiRegion, United States of America
What is the burden of persuasion of a plaintiff in a civil action?
MultiRegion, United States of America
How have the courts treated a motion to suppress evidence in the case of a man accused of possession of a forklift and possession of the stolen forklift?
California, United States of America
What is the effect of section 654 of the California Criminal Code on sentence for assault and criminal threat?
California, United States of America
What is the test for holding an evidentiary hearing on a motion to suppress?
MultiRegion, United States of America
What is the test for instructing a jury on the lesser offenses of the crime charged by the prosecution?
California, United States of America
Does the Regional Office of the Environmental Protection Agency have jurisdiction to make a preliminary determination regarding the scope of retrieval permitted under the Emergency Response Plan?
MultiRegion, United States of America
How have the courts treated the defense in the context of the Vietnam War?
MultiRegion, United States of America
What constitutes abandonment of a cause of action on appeal?
California, United States of America
In what circumstances will a court order indefinite support for a wife who has not given birth to a child?
Ontario, Canada
What causes of action are subject to a special motion to strike under the anti-SLAPP statute?
California, United States of America
Does a contempt order need to be issued while the individual is in jail?
California, United States of America
Is there any case where a portion of the interest rate was severed from a foreign judgment?
British Columbia, Canada
How does the Court assess the sufficiency of evidence in a civil case?
California, United States of America
What is the meaning of the phrase "to benefit a criminal street gang"?
California, United States of America
Does great bodily injury only need to be inflicted on a living person?
California, United States of America
Is an ex post facto law that increases the severity of a penalty imposed under section 1465.7 a year after the crime was committed a "penalty"?
California, United States of America
Is a spouse entitled to a spouse’s performance bonus from the time she entered into a relationship?
British Columbia, Canada
Does testimony at a criminal trial and statements to prosecutors preparing for a trial fall under the definition of activity in furtherance of the right to free speech or petition?
California, United States of America
What is the test for a negative declaration for "prejudicial abuse of discretion"?
California, United States of America
Is there an evidentiary hearing to determine if a federal claim can be denied on the basis of the state record?
MultiRegion, United States of America
What is the test for determining whether a doctor's failure to properly advise a patient of the risks associated with a proposed course of medical treatment?
British Columbia, Canada
What form instruction does a defendant need at trial for unlawful possession?
California, United States of America
How have the courts treated the issue of admitting that the City owned the property adjacent to the railroad tracks?
California, United States of America
Can a defendant be punished under section 654 of the California Code of Criminal Code for a single crime?
California, United States of America
What is the test to sustain a conviction for possession of marijuana with intent to distribute?
MultiRegion, United States of America
What is the effect of language in a jury instruction that refers to a violation of section 487 of the Penal Code?
California, United States of America
Can a warrantless search that precedes an arrest fall within the search-incident-to-arrest exception?
MultiRegion, United States of America
What is the test for testimony of a single witness?
California, United States of America
Does the need to demonstrate a material change in circumstances for a primary caregiver who may not formally be a custodial parent apply?
Ontario, Canada
Is it permissible to use a prior conviction to elevate petit theft to a felony under section 70 of the California Criminal Code?
California, United States of America
What is probable cause to arrest?
California, United States of America
What is the legal test for drawing an adverse inference in a sexual assault case?
British Columbia, Canada
What is the mens rea of publication contempt?
British Columbia, Canada
What is the test to determine whether legislation is within the power of a province?
British Columbia, Canada
Does a criminal defendant who fails to object in the trial court to a finding that there is no evidence of his ability to pay a booking fee forfeited his right to raise the claim on appeal?
California, United States of America
What is the test for the law of duress?
Ontario, Canada
What are the elements of a finding of unjust enrichment?
Ontario, Canada
What is the disposition of a medical malpractice case at a medical review board?
British Columbia, Canada
Can an oral agreement or representation be used to establish a collateral agreement?
British Columbia, Canada
What is the standard of conduct of a prosecutor in a civil case?
California, United States of America
What is the burden of presenting a motion for resentencing?
California, United States of America
What is the test for certifying the availability of evidence for extradition purposes?
British Columbia, Canada
Does the Eleventh Amendment bar a plaintiff from bringing a civil action against a state?
MultiRegion, United States of America
What is the test for "good faith" under section 2(8) of the Family Law Act, 1986?
Ontario, Canada
What is the test for relevancy?
Alberta, Canada
What is the test for admissibility of prior acts of domestic violence as propensity evidence in a criminal case?
California, United States of America
Is a motion to dismiss in the interest of justice an appropriate mechanism for a defendant to assert his innocence?
"New York", United States of America
Is a shopping bag search within the plain view search warrant requirement?
"New York", United States of America
What is the test for determining compensation for past loss of earning capacity?
British Columbia, Canada
What is the test for equitable sharing of the economic consequences of a dissolution of a marriage?
Nova Scotia, Canada
What is the legal test for probable cause?
California, United States of America
How does the role of a hearing judge change in a family law matter?
British Columbia, Canada
What is the test for determining whether there is a "good faith" in a relationship?
British Columbia, Canada
What is the test for a loss of future earning capacity?
British Columbia, Canada
How should a jury consider other criminal activity at the penalty phase of a criminal case?
California, United States of America
What is the test for dismissing a motion for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
What is the role professional orders play in protecting the public interest?
British Columbia, Canada
Can a motion for reconsideration be granted after entry of judgment?
California, United States of America
What is the test for an officer to prove bias?
Ontario, Canada
How is the testimony of a single witness sufficient to support a conviction?
California, United States of America
What is the test for the ex turpi doctrine in the context of personal injury claims?
Canada (Federal), Canada
What is the defence of fair comment?
Ontario, Canada
What is the test for pendent jurisdiction in a motor vehicle accident case?
MultiRegion, United States of America
Does litigation privilege apply to statements made in a judicial proceeding?
California, United States of America
What is the difference between an administrative forfeiture proceeding and a judicial proceeding?
California, United States of America
Does reliance on a fact pertaining to an earlier crime to aggravate another crime violate double jeopardy or ex post facto principles?
California, United States of America
Can a lawyer owe a duty of care to a non client?
Saskatchewan, Canada
Can a vendor lose the protection of caveat emptor if found negligent or fraudulent misrepresentation?
Ontario, Canada
Can a motion to compel the production of documents be made in camera?
California, United States of America
Can a mortgage or promissory note require attorney fees?
federal, United States of America
Is there any case law where a father challenged both the quantum of income imputed to him and the appropriateness of the Table amount of child support?
Manitoba, Canada
What are the tests and the cases about the joinder of parties under s. 7 of the Class Proceedings Act, 1992?
Ontario, Canada
What is the test for overturning a conviction in a sexual assault case?
California, United States of America
Is a right to privacy violated by enforcement of public nuisance or zoning laws?
California, United States of America
What remedies are available to an individual who is unjustified in equity?
British Columbia, Canada
What is the current state of the law on loss of earning capacity?
British Columbia, Canada
Is a contract that waives a claim for judicial review if the contract is declared void before it is submitted to arbitration?
California, United States of America
What authority exists for the proposition that once the trial court has ruled that a prima facie case has been made and that the burden has shifted to the prosecution?
California, United States of America
What is the standard of review for a finding of fact or mixed fact and law?
Canada (Federal), Canada
What is the test for cross-examination of a witness in a sexual assault case?
California, United States of America
Can a school report be challenged because it contains impermissible opinion under section 35?
Ontario, Canada
