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.
In what circumstances will a defendant have to pay the costs of an abuse of process counterclaim?
British Columbia, Canada
What is the test for plea bargaining in a murder case?
California, United States of America
Is there a fair probability that evidence described in a search warrant will be found in the identified places?
California, United States of America
Does an affidavit that was made after the statutory period of limitation apply to a motion for a new trial?
California, United States of America
What is the impact of admitting evidence in breach of section 24(2) of the Charter?
British Columbia, Canada
What is the effect of a failure in a business resulting in the failure of the respondent and his son's business?
Canada (Federal), Canada
Is a criminal conviction expunged under section 1203.4 of the California Criminal Code?
California, United States of America
What is the range of damages for personal injury in a medical malpractice case?
British Columbia, Canada
Does a decision following a bench trial on stipulated facts need to be reviewed de novo?
MultiRegion, United States of America
Is there any case law where the evidence of intent was excluded because of the fact that the other crime in the case was related to the same crime?
MultiRegion, United States of America
Does a judge have to provide an abstract of judgment reflecting 23 actual days of custody credit?
California, United States of America
What is the burden of proof required to prove that a mistake was prejudicial?
California, United States of America
What is the test for a motion to appoint counsel in a habeas proceeding?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the role of a trial judge in determining the recusal of a defendant?
"New York", United States of America
Does a jury have a duty to ascertain that a guilty plea is voluntary before accepting the plea?
MultiRegion, United States of America
Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike?
California, United States of America
Is a county sheriff a state rather than a county officer?
California, United States of America
What is the test for credibility of a witness in a civil case?
California, United States of America
Is a contingency fee paid by defendants in a personal injury action?
MultiRegion, United States of America
Can a party waive attorney-client privilege if they are compelled to produce documents that have not been produced voluntarily?
MultiRegion, United States of America
What is the test for future losses?
British Columbia, Canada
What is the test for the balance of risk of flight against Canada's international obligations in matters of extradition?
British Columbia, Canada
What is the proper burden of proof in a murder trial?
California, United States of America
Is proof of guilt of a crime by a unanimous jury required at the penalty phase of a death penalty trial?
California, United States of America
Does a witness have to be able to provide a description of the clothing of the suspect?
California, United States of America
When will a court compel disclosure of the identity of an informant at trial?
MultiRegion, United States of America
What is the procedure for establishing a judgment lien on real property for child support purposes?
California, United States of America
Does the Attorney General's argument that a conviction on a charge of sexual assault against a minor be proven at trial?
California, United States of America
What is the test for independent review of an interview where a confession is recorded and the facts surrounding the confession are undisputed?
California, United States of America
What is the test for a "suspect" in the second substantive component of the New York State Criminal Code?
MultiRegion, United States of America
Is a state prisoner's procedural default in the state courts barred from federal review?
MultiRegion, United States of America
Can a defendant be held liable for failing to prevent a witness from testifying?
California, United States of America
When will a defendant's claim be forfeited?
California, United States of America
What jurisdiction does the court have in determining liability under the Federal Tort Claims Act?
MultiRegion, United States of America
What is the effect of comments by a judge that generalizations are made based on generalizations?
Ontario, Canada
Can a plaintiff bring a claim for wrongful termination in violation of public policy?
California, United States of America
What is the test for legal setoff?
Ontario, Canada
What are some examples of "incivility, frivolity and impertinence" in the context of increased court costs?
British Columbia, Canada
What is the difference between the mail and wire fraud statutes?
MultiRegion, United States of America
What is the standard for a pro forma investigation prior to trial for a capital murder case?
California, United States of America
What are the relevant reasons for seeking costs arising out of the judgment of York Condominium Corporation No. 473?
Ontario, Canada
In support of a motion to set aside a default judgment, in what circumstances have courts considered this argument?
MultiRegion, United States of America
What is the standard of review and what is the test for overturning a judgment or order of the lower court?
California, United States of America
Does the Attorney General have any grounds to appeal against a conviction for an attempted carjacking?
California, United States of America
Does section 654 of the Criminal Code apply to stay the sentence of a convicted felon in possession of a firearm?
California, United States of America
Does the term "law enforcement officer" include parents?
California, United States of America
Can a probation officer supervise a minor on probation without declaring him a ward of the court?
California, United States of America
Does a police search pursuant to a probation search condition violate the Fourth Amendment?
California, United States of America
Does a defendant have a right to stand as a witness in a civil case if his lawyer misunderstood him?
MultiRegion, United States of America
What is the test for coercion in a civil case?
MultiRegion, United States of America
Is it sufficient or sufficient for a whole service to provide access to a full range of medical records?
MultiRegion, United States of America
What are the signs of a vexatious proceeding?
Ontario, Canada
Can a convicted burglar receive a concurrent sentence for both the crime and the felony objective or target of the crime?
California, United States of America
What is the test for overturning a jury's verdict in a sexual assault case?
California, United States of America
What is the test for damages for breach of a rental to own agreement?
Nova Scotia, Canada
What is the test for a single trial?
Nova Scotia, Canada
In what circumstances will a court vacate a finding of contempt?
Manitoba, Canada
Can a defense of lack of personal jurisdiction be waived during litigation?
MultiRegion, United States of America
What is an employer’s duty to provide a safe system of work?
Manitoba, Canada
What is the test for sufficiency of evidence in a case where the evidence supports the theory of lying-in-wait for first degree murder?
California, United States of America
When will we conduct our review for prejudice against the Defendant?
California, United States of America
Does the total number of nonunion employees in a public sector unionized company exceed the number of unionized employees?
MultiRegion, United States of America
In what circumstances have courts intervened on equal protection grounds?
California, United States of America
What is the test for a Rule 35(b) motion?
MultiRegion, United States of America
Is a collective agreement deductible from a loss of income claim?
British Columbia, Canada
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify?
California, United States of America
What is the defence of pheno- barbital?
Ontario, Canada
What is the test for a finding of significant unfairness under Section 8 of the BCSC's Rules of Civil Procedure?
British Columbia, Canada
What statutory declaration warrants the absolute truth of the statement and changes the warranty in the agreement of purchase and sale?
Ontario, Canada
What is the test for "relevant evidence" in a civil case?
California, United States of America
What factors will the US Supreme Court consider when determining a termination of parental rights?
California, United States of America
Does a defendant have reason to believe their actions were unlawful?
MultiRegion, United States of America
What is a true condition precedent?
British Columbia, Canada
In what cause of action can a plaintiff plead that there is an actual controversy?
California, United States of America
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected?
British Columbia, Canada
What is the test for substituting jurors for a jury in a civil case when a juror dies or becomes ill?
California, United States of America
What is the difference between a class action and a representative action?
Alberta, Canada
What is the test for determining costs in a family law case?
Ontario, Canada
What is relevant evidence in a personal injury action?
California, United States of America
What is the test for evidence of a competent member of a trade or profession at issue?
British Columbia, Canada
What is the test for determining whether a claim of irreparable harm will be successful in the ordinary course of litigation?
MultiRegion, United States of America
What is the limitation of the maximum amount of time a plaintiff has to spend at trial?
British Columbia, Canada
What is the test for habeas corpus relief in a case involving instructional error?
MultiRegion, United States of America
What is the scope of section 1252(e)(2) of the Immigration and Customs Enforcement Act, which, if any, limits judicial review to "whether or not the petitioner is an alien"?
MultiRegion, United States of America
Does an evidentiary hearing need to be held before a grand jury?
MultiRegion, United States of America
Can a federal district court impose a sentence that would have been a minimum sentence under section 3553(e) of the Criminal Code?
MultiRegion, United States of America
What is the test for a state to justify an infringement on established voting rights?
California, United States of America
What is the financial framework used to replace loss of support in a fatal accident case?
British Columbia, Canada
What is the difference between a representative and a derivative action?
"New York", United States of America
What is the test for a driver who swerved to avoid hitting deer?
British Columbia, Canada
Is a denial of a motion for a new trial reviewable?
MultiRegion, United States of America
Does a criminal defendant have a right to self-representation and the assistance of counsel?
MultiRegion, United States of America
What is the true nature of Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
What is the test for a convicted sex offender to be released from a mental health hospital?
California, United States of America
Is a complete absence of evidence a ground for quashing a committal for trial?
British Columbia, Canada
What is defendant's argument that use of the underlying felony murder as an element of the crime, a special circumstance, and an aggravating factor?
California, United States of America
What is the test for a plaintiff to accept a walk-away offer?
British Columbia, Canada
What is the test for establishing nexus between illegal conduct and employment?
MultiRegion, United States of America
Is there any error of law in a judge's analysis of the doctrine of unjust enrichment?
Yukon, Canada
Is a residential property of a cookie-cutter type residential property?
Ontario, Canada
Can a defendant give a mistake of fact jury instruction in a motor vehicle accident trial where he got into the victims' vehicle because he thought it was his black SUV?
California, United States of America
What is the standard of care for gratuitous bailees?
Ontario, Canada
Can a defendant invoke his right to self representation at trial if it is used as a tactic to secure delay?
MultiRegion, United States of America
What is the effect of the instruction barring the jury from being swayed by mere sympathy in the penalty phase of the trial?
California, United States of America
Can a defendant receive a concurrent sentence for concealing a firearm in a vehicle?
California, United States of America
What is the test for interpretation of the Settlement Agreement?
British Columbia, Canada
Does a failure to instruct on a lesser included offence constitute a constitutional error?
California, United States of America
Is there a conflict of interest between a guardian and a plaintiff in a personal injury action?
Ontario, Canada
What is the test for a jury to instruct on either voluntary or involuntary manslaughter in a felony-murder case?
California, United States of America
How has the US Federal Bureau of Investigation assessed the credibility of a witness in a civil case?
MultiRegion, United States of America
What is the test for a defendant to complain on appeal of a finding of misconduct in a criminal case?
California, United States of America
If we find forfeiture as to the jury instruction issue or the claim of prosecutorial misconduct then if we find that defendant received ineffective assistance of counsel, is he entitled to forfeiture?
California, United States of America
First, what is the case law on the right of search and seizure of a suitcase in an inventory search?
MultiRegion, United States of America
What is the standard of review applied to a defendant's claim that the evidence is insufficient to support his murder conviction?
California, United States of America
What constitutes deliberate indifference to medical needs for a prisoner?
MultiRegion, United States of America
What is the test for ineffective assistance for counsel's failure to seek suppression of cocaine found during a search?
California, United States of America
Does the use of a pen register pursuant to the Fourth Amendment, or is it controlled by a third party?
MultiRegion, United States of America
What is the effect of a Rule 35(b) motion to reduce the sentence of convicted drug dealer John "Jock" Dickerson?
MultiRegion, United States of America
How have the courts in BC divided the assets of the parties in the post-separation period?
British Columbia, Canada
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
What is the test for determining whether a bribe can be obtained through the medium of a go-between or intermediary?
California, United States of America
How has the respondent argued in court that the claimant was a person who was out of the job market for many years and exclusively caring for the children and managing household tasks?
British Columbia, Canada
Is a plaintiff’s capacity to perform cleaning services compensable?
British Columbia, Canada
Is there a class action for personal injury and property damage caused by toxic pollution?
California, United States of America
What is the duty of the trial court to instruct the jury on general principles of law relevant to the case?
California, United States of America
What is the test for a motion to disqualify counsel from a cause of action?
California, United States of America
Is there any evidence that giving the refused instruction would have influenced the jury's decision on the issue of negligence?
California, United States of America
What is the applicable rule for collateral estoppel?
California, United States of America
Can evidence of potential but untried criminal charges be considered in sentencing decisions?
Canada (Federal), Canada
What is the test for intoxication in a criminal case?
California, United States of America
Can a defendant be punished for each criminal offence under section 654 of the California Criminal Code?
California, United States of America
What is the oppression remedy in condominium law?
Ontario, Canada
What is the government's position on the exclusionary rule in the context of search warrants?
MultiRegion, United States of America
In what circumstances will the courts prevent a legislative body from undoing what the people have done, without their consent?
California, United States of America
What is the effect of the court's admonishment to the jury not to let the prosecutor's statements go unanswered?
California, United States of America
Is there any case law that supports the argument that intent was not intended to prevent the construction of a residence?
Canada (Federal), Canada
What is the test for exclusion under subsection 4(3) of the Immigration Regulations?
Canada (Federal), Canada
In what circumstances will a motions judge exercise costs?
Ontario, Canada
What is the state of the mind of a defendant at the time of the crime?
California, United States of America
In what circumstances will a payor payor parent have to pay significantly more than the guideline amount for child support?
Manitoba, Canada
What is the test for closing the trial of a witness in a witness testimony?
California, United States of America
Can a juror whose children have been convicted of drug-related crimes be found to have bias?
MultiRegion, United States of America
Can a wife who is not within the premises give consent to a search?
California, United States of America
Is a shed exempt from the building permit requirements?
British Columbia, Canada
When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court?
California, United States of America
What is the test for assisting and abetting a crime?
California, United States of America
What is the applicable law regarding conflict of interest?
Newfoundland and Labrador, Canada
What is the test for determining whether a party to a motion is entitled to judgment as a matter of law?
MultiRegion, United States of America
What is the legal test for amendment of a general plan?
California, United States of America
How does the anti-SLAPP analysis work?
California, United States of America
Does the Fifth Amendment prohibit the prosecution from commenting on the state of the evidence presented at trial?
California, United States of America
Can a court strike the entire testimony of a witness who has been cross-examined?
California, United States of America
Is implied malice sufficient to support a finding of second degree murder?
California, United States of America
What is the responsibility of a party represented in a motion to delay a motion by counsel?
Ontario, Canada
Can a franchisee claim for breach of fiduciary duty against the franchisee?
Ontario, Canada
What is the test for determining whether a child is a murder, manslaughter or accidental?
California, United States of America
Does section 1203.4 of the California Criminal Code apply retroactively?
California, United States of America
Is a defendant entitled to a defense to a special circumstance allegation?
California, United States of America
How has the Disbrow Court ever been persuaded of the unsoundness of the Harris-Nudd rule?
California, United States of America
What is the test for admissible recordings of a defendant in a federal criminal case?
MultiRegion, United States of America
What is the test for evaluation of an allegation in a civil case?
MultiRegion, United States of America
Is it error to consider statements made by a hearing officer during an investigatory meeting during the investigation?
California, United States of America
What are the requirements for notice and comment on an issuance of a statement by the Federal Reserve?
MultiRegion, United States of America
Can a pleading be struck out for disclosing no reasonable claim?
British Columbia, Canada
What is the current physical agility test for the position of police officer?
California, United States of America
What is sufficient to support a conviction in a sexual assault case?
MultiRegion, United States of America
What is the test for a plaintiff to recover from a contract where the contract is not enforceable?
California, United States of America
What is the test for excluding evidence of abuse of discretion?
California, United States of America
Is there a federal constitutional right to a unanimous jury verdict?
"New York", United States of America
What is the test for adjourning a hearing on a driving ban?
British Columbia, Canada
Does the court have an obligation to make a determination of protection in the remainder of the process?
Ontario, Canada
Is there any case law that limits damages for negligent infliction of emotional distress to those who contemporaneously observe both the negligent act and the injury it causes?
California, United States of America
Can an infant receive a long-term disability settlement?
British Columbia, Canada
What is the test for the necessity defense?
California, United States of America
What is the role of the courts in reviewing the decisions of specialized administrative tribunals?
New Brunswick, Canada
How have courts intervened in the internal affairs of a state?
"New York", United States of America
What is the statute of limitations for a malicious prosecution action against an attorney?
California, United States of America
When a parent voluntarily chooses to work overtime, does that parent have to exclude the overtime pay from that parent's gross income?
California, United States of America
What is the effect of the search and detention of the applicants in a vehicle search?
Nova Scotia, Canada
Can a court order costs to a defendant where an offer of settlement is in excess of the judgment?
British Columbia, Canada
Can a defense witness exclude evidence that M. thought she might be pregnant?
California, United States of America
What is the impact of the term “spousal services” in the context of spousal compensation?
British Columbia, Canada
Does the doctrine of laches apply in common law?
British Columbia, Canada
Does the Attorney General have a duty to conduct a Page 22 motion for a new trial on a competency review?
California, United States of America
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt?
Saskatchewan, Canada
How has the jury been instructed on reasonable doubt in a sexual assault trial?
California, United States of America
What is the test for a successful defense of a copyright infringement action?
MultiRegion, United States of America
What is the range of damages awarded in a personal injury action?
British Columbia, Canada
How have courts dealt with the enforcement mechanism of a special lien on a property?
California, United States of America
What is the law on unanimity instruction in criminal cases where there is evidence that more than one crime occurred?
California, United States of America
How have courts interpreted section 17, subdivision (b)(3) of the California Criminal Code to preclude imposition of a sentencing enhancement based on a prior "wobbler" conviction?
California, United States of America
How the courts handle settlements in personal injury cases?
Alberta, Canada
Is the adequacy of reasons sufficient to be set aside?
British Columbia, Canada
What is the test for waiver of sovereign immunity under section 2680(h) of the Federal Trade Commission Act?
MultiRegion, United States of America
Does the exclusionary rule apply to an attorney's disciplinary proceeding?
California, United States of America
What is the test for improperly inducing a person to refrain from becoming a candidate?
Ontario, Canada
Can a jury’s verdict in a medical malpractice case be quashed?
British Columbia, Canada
Does a judge have the authority to remand the matter for resentencing after finding that part of a sentence was wrongfully applied?
California, United States of America
What is the test for admitting evidence of prior criminal activity against a defendant?
California, United States of America
