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 onus on a party who seeks to displace the usual rule that costs follow in the event?
British Columbia, Canada
Can a court refuse to grant declaratory relief?
California, United States of America
What have the re-trial jury recommendations for parole ineligibility?
Ontario, Canada
What rights does a party have to appeal an award under an arbitration agreement?
Ontario, Canada
What is the test for a lump sum maintenance order?
Saskatchewan, Canada
If the parties cannot agree on costs in a personal injury action, what are the deadlines for responding to the claim?
Ontario, Canada
In what circumstances will the court allow the defense to argue that provocation played a role in the manslaughter instruction?
California, United States of America
In what circumstances will a jury be instructed to negate the malice required for the general intent crime of mayhem?
California, United States of America
What is the test for determining whether a defendant is guilty of a lesser included crime of theft?
California, United States of America
Can a court order a restriction on the telephone access of a pretrial detainee?
California, United States of America
Does a separate separate bit of evidence need to be proved beyond a reasonable doubt?
MultiRegion, United States of America
What is a defense attorney's obligation to advise defendants on issues in the plea context?
California, United States of America
Does the 10% penalty apply to temporary disability benefits that were apparently voluntarily paid before the hearing on the claim?
California, United States of America
What is the burden of establishing causation in a medical malpractice case?
British Columbia, Canada
Is a previously dismissed criminal charge not transactionally related to the original criminal charges?
California, United States of America
What is the test for determining whether a defendant knew of the nature or character of a controlled substance when he allegedly acted in this case?
California, United States of America
Are the heirs of a deceased plaintiff bound by the terms of his premortem contract?
California, United States of America
Does a prosecutor's summation comment at a sexual assault trial amount to vouching for the victim's credibility and prosecutorial misconduct?
"New York", United States of America
Can a motion for reconsideration include any causes of action?
California, United States of America
What is the test for dismissing criminal charges against defendants pursuant to section 995 of the California Penal Code?
California, United States of America
What constitutes prosecutorial misconduct in the context of the Fourteenth Amendment?
California, United States of America
How have courts dealt with an error in electronically filing a Notice of Appeal?
federal, United States of America
What is the test for jurisdiction in this case?
MultiRegion, United States of America
How have courts interpreted the meaning of the word "harrowing" in the context of the law?
MultiRegion, United States of America
Can a probation condition that prohibits the possession of a controlled substance without the knowledge of a physician be modified?
California, United States of America
How has the court treated the opening brief in a personal injury action?
California, United States of America
What is the test for reducing the degree of first degree murder?
California, United States of America
What is the test for denying a motion for a new trial?
California, United States of America
What is the test for a conviction for conspiracy to pervert the course of justice?
California, United States of America
Is there any case law that supports a claim that corroboration is sufficient to support a claim of due process?
MultiRegion, United States of America
Is there any consideration as to whether capital gains tax on the auto business, Orient, will ever crystallise because it might never crystallise?
British Columbia, Canada
What is the effect of the old rule of probable cause on contributory negligence?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
How have courts interpreted the possession of a class A drug?
MultiRegion, United States of America
What is the current state of the law regarding the return of documents from a defendant in a civil matter?
MultiRegion, United States of America
Can counsel influence the outcome of a murder trial?
California, United States of America
Is there a reasonable likelihood that the jury was misled by the standard instruction given to the jury in a personal injury case?
California, United States of America
What is a defendant's constitutional right to have compulsory process for obtaining witnesses in his favor?
California, United States of America
What is the test for determining whether a search warrant is valid?
MultiRegion, United States of America
What is the test for assault with a deadly weapon?
California, United States of America
What is the legal test for a petition for a writ of administrative mandamus against an administrative agency's final decision imposing discipline upon a police officer?
California, United States of America
Is a municipal by-law that seeks to amend the criminal code to criminalise prostitution unconstitutional or ultra vires?
British Columbia, Canada
Does Section 190.2, subdivision (a)(1) of the California Criminal Code apply to a person convicted of first degree murder for financial gain?
California, United States of America
What is the effect of section 1387 of the California Criminal Code on the prosecution of a defendant who has been found not guilty of a charge under Section 1387?
California, United States of America
What is the test for determining liability under the Negligence Act?
British Columbia, Canada
What is the standard of review for determining the sufficiency of evidence to support a conviction?
California, United States of America
Can a defendant appeal against his conviction for assault after a jury deadlock?
California, United States of America
Can the board of supervisors compel the district attorney to perform his investigative functions through the office of the sheriff?
California, United States of America
Is there insufficient evidence to prove there is a criminal street gang?
California, United States of America
What is the standard instruction on circumstantial evidence?
California, United States of America
Is a creditor entitled to claim damages from a plaintiff for emotional distress?
California, United States of America
Does a statutory cap on the duration of a probation sentence apply to a judge?
MultiRegion, United States of America
What is the test for successful employment discrimination claims?
Canada (Federal), Canada
What is the test for reversing a jury's verdict in a sexual assault case?
California, United States of America
What is the test for a vendor who failed to deliver a copy of a contract?
Saskatchewan, Canada
What is the test for equitable sharing of the economic consequences of a dissolution of a marriage?
Nova Scotia, Canada
What is the proper consumer perspective for an advertisement?
Ontario, Canada
Does the attorney general have a duty to withhold or otherwise withhold favorable and material evidence from the defense?
California, United States of America
Is it error for the trial court to exclude prospective jurors who indicated upon voir dire that they were opposed to the death penalty?
California, United States of America
What is the minimum term for an attempted murder?
California, United States of America
What is the current state of the law on hearsay in child protection applications?
Ontario, Canada
Does referring to settlement offers or discussions constitute scandalous, frivolous or vexatious?
Ontario, Canada
Can a plaintiff bring a design defect claim against the designer or manufacturer?
MultiRegion, United States of America
Does a defendant who is in custody have the right to waive his right to be present at trial?
MultiRegion, United States of America
What is the test for changing a custody order?
British Columbia, Canada
Can a nonresident defendant in a condemnation action request a transfer of the proceeding to another jurisdiction?
California, United States of America
What are the implications of a federal district court's order certifying a class of up to 250 million class members in an antitrust multi-district litigation?
MultiRegion, United States of America
What is the test for dismissing a claim as moot?
California, United States of America
What is the test for a jury to determine the meaning of a word in a text message?
California, United States of America
Does a finding of guilty of second degree burglary preclude enhancement of a sentence pursuant to section 667, subdivision (a) of the Criminal Code?
California, United States of America
What are the principles governing the court’s approach to assessing evidence where there are significantly different versions of the evidence?
British Columbia, Canada
What are the purposes of a witness giving evidence at trial?
California, United States of America
Does the Attorney General have the authority to instruct a jury on a voluntary manslaughter instruction based on provocation?
California, United States of America
Under what circumstances must instructions be recorded in the minutes of a grand jury?
"New York", United States of America
What is the test for a solicitor’s conflict of interest?
British Columbia, Canada
What is the test to convict a defendant as an aider and abettor?
MultiRegion, United States of America
Does section 6313 of the California Code of Civil Procedure violate the equal protection clause?
California, United States of America
What is the test for determining whether a witness was legally unavailable?
California, United States of America
In what circumstances have courts admitted evidence of a prior theft of a car and credit cards as an uncharged offense in a murder case?
California, United States of America
Is a defendant permitted to continue his sentence for unlawful possession of ammunition?
California, United States of America
What is the test for a jury to accept or disbelieve a portion of testimony?
California, United States of America
What are the consequences of a juvenile court's dispositional order placing him on home detention after evading a police officer?
California, United States of America
In what circumstances will a defendant be barred from arguing that there are other murderers who have not received the death penalty?
California, United States of America
Does a juvenile court's evidentiary ruling that a minor is not a violation of her constitutional rights or an abuse of discretion?
California, United States of America
What is the test for a motion to dismiss an appeal from a judgment?
California, United States of America
What is the historical context of Section 3 of the Toronto Agreement?
Ontario, Canada
What is the test for determining the length of a sentence in a criminal case?
California, United States of America
What is the effect of a mandamus proceeding to review an administrative order?
California, United States of America
What is the effect of Section 33 of the Criminal Code on an amended charge?
California, United States of America
Can a person who witnessed a traumatic event, or the immediate aftermath, involving a family member recover damages for mental injury?
British Columbia, Canada
Can a municipal authority be liable for failing to properly inspect a building plan?
Manitoba, Canada
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, pursuant to section 1170.1?
California, United States of America
What is the test for evidence on each of the Farden factors?
British Columbia, Canada
Can a motion to dismiss be barred because of a failure to obtain leave to bring it?
MultiRegion, United States of America
How has the doctrine of mootness been interpreted in the context of a personal injury action?
Manitoba, Canada
What is the test for a warrant to search for a suspect who is not armed?
California, United States of America
(4) Does there need to be a hearing to determine whether there is no basis for denying a claim of sexual assault made against respondent?
"New York", United States of America
What is assignable or assignable to the purchaser of a property?
Ontario, Canada
Can a motion for a new trial based on an assertion of legal error be denied on appeal?
California, United States of America
What is the test for the Court of Appeal to determine whether a strata can be found to be performing its repair and maintenance duties under a Strata Plan?
British Columbia, Canada
What is the appropriate amount of counsel fees under the new cost grid?
Ontario, Canada
What is the test for the affirmative defense of settlement without a jury?
California, United States of America
What is the test for suppressing evidence in a motion to suppress evidence?
California, United States of America
What is the abuse of the abuse standard in bankruptcy law?
federal, United States of America
How have the courts treated the error that resulted in a jury convicting all of the appellants of conspiracy against all of them after the conspiracy had ended?
MultiRegion, United States of America
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?
California, United States of America
Does a plaintiff have to prove that the accident caused or contributed to their degenerative changes?
British Columbia, Canada
Can a claim that a police officer brought unfounded charges against him be successful?
MultiRegion, United States of America
What is the test for establishing good cause for a Pitchess hearing?
California, United States of America
What is the effect of fraudulent acts of the husband on the division of net family property?
Ontario, Canada
What is the test for whether a defendant can avoid a conviction for soliciting for the murder of a minor?
California, United States of America
How much is a person required to put up with some inconvenience?
British Columbia, Canada
What is the legal test for a judicial review of term-fixing practices by the California Parole Authority?
California, United States of America
What is the standard of review of evidence in a cross-complaint?
California, United States of America
What is the standard of proof in medical malpractice cases?
British Columbia, Canada
Can a property be sold on the basis of non-payment of taxes?
Manitoba, Canada
Is there a reasonable likelihood that the jury misconstrued or misapplied the law?
California, United States of America
What is a defendant's right to peremptory challenges?
California, United States of America
In what circumstances have courts upheld motions to compel discovery in assault cases?
California, United States of America
Does a jury need to be instructed that an accomplice's testimony regarding the circumstances of a crime of previous crime must be viewed with caution?
California, United States of America
Can a tenant-in-common (tenant in common) claim exclusive possession of the property?
"New York", United States of America
Is a principal who aids and abets in the commission of a crime guilty as a principal?
California, United States of America
What is the duty of the trial court to instruct the jury as to the principles of law relevant to the issues raised by the trial?
California, United States of America
Is hearsay evidence admissible in a child protection case?
Prince Edward Island, Canada
Does a waiver of any right to apply to vary any term of the agreement between the parents apply to this court?
British Columbia, Canada
What are the principles that apply to a spousal support claim?
Ontario, Canada
What are the standards used in determining the qualifications of an expert?
California, United States of America
Is a sentence that is grossly disproportionate to the crime a cruel or unusual punishment for the purposes of the Eighth Amendment?
California, United States of America
When a police officer impounded a stolen SUV and found that the vehicle was full of stolen arrow keys and stolen mail, what is the effect of the search?
MultiRegion, United States of America
How have courts interpreted the doctrine of contributory negligence in a collision where a car is struck by another vehicle?
California, United States of America
What are the mitigating factors used by the court to determine a split sentence for a defendant who has committed a series of crimes against the public while on probation?
California, United States of America
In what circumstances have privileged documents been refused to be disclosed?
Canada (Federal), Canada
How have courts treated evidence of a young driver's religious upbringing in an "extremist, reclusive fundamentalist cult"?
California, United States of America
What is the test for admitting or denying evidence that has been obtained in violation of the Charter of Civil Procedure?
British Columbia, Canada
For the purposes of a federal habeas petition, does the statute of limitations apply?
MultiRegion, United States of America
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection?
California, United States of America
What is the burden of showing that a matter is re-opened?
British Columbia, Canada
What is the current state of the law on instructions on intoxication?
California, United States of America
What is the current state of the law on how to deal with "disruptive" defendants?
MultiRegion, United States of America
Is a defendant's prior drug conviction relevant to the credibility of the witness?
California, United States of America
What is the test for retroactively applying a new interpretation of criminal procedural rules?
MultiRegion, United States of America
Does the fact plaintiff is representing himself on appeal invalidate his right to be represented as an attorney?
California, United States of America
What are the consequences of making statements of supposed facts not in evidence?
California, United States of America
Is a defendant entitled to effective assistance of counsel at sentencing?
California, United States of America
Is a full term sentence required to be imposed on counts 3, 4 and 5 if they are to be stayed pursuant to section 654?
California, United States of America
Does the court have to instruct the jury on the defense in the absence of a request by trial counsel?
California, United States of America
What is the test for probable possession of a firearm?
California, United States of America
What is the test for probable cause?
California, United States of America
Can a party be added as a witness in a civil proceeding?
Ontario, Canada
What is the test for determining whether a statement was obtained in violation of Miranda?
California, United States of America
How have courts dealt with appeals from a conviction under the Youth Corrections Act?
MultiRegion, United States of America
In what circumstances will a jury at a sexual assault trial be allowed to retire to consider their verdict?
California, United States of America
What is the test for determining whether a spouse has been found to be in breach of their marriage by a California Superior Court?
California, United States of America
What is the test for admitting evidence of abuse of discretion in a civil case?
California, United States of America
Is there any case law that supports the argument that a jury should be able to rely solely on their own intelligence and expertise?
California, United States of America
Can plaintiffs who have been found to have lost standing in a civil action be substituted as real parties in interest?
California, United States of America
What is the basis for a claim that plaintiffs were denied a hearing to determine whether they were deprived of a hearing?
MultiRegion, United States of America
What is the current state of the law in the context of sentencing under section 3553(c) of the Criminal Code and the Guidelines Guidelines?
MultiRegion, United States of America
What is the test for a motion for judgment of acquittal based upon insufficient evidence?
MultiRegion, United States of America
What is a fresh evidence on appeal?
British Columbia, Canada
What is the evidentiary requirement on an application to discharge arrears?
Saskatchewan, Canada
Can a motion to dismiss a criminal action be dismissed in the interest of justice?
"New York", United States of America
How have we received responses from Appointed Counsel to our request for independent review pursuant to People v. Wende?
California, United States of America
What is the test for a jury to convict appellant of assault by means likely to produce great bodily injury upon a peace officer?
California, United States of America
Is a diagram of a residential structure validly seized pursuant to a search warrant?
California, United States of America
What is the standard for review on the issue of medical malpractice?
Canada (Federal), Canada
Is there prejudice against a plaintiff in a motor vehicle accident action?
Ontario, Canada
Does the clean hands doctrine apply to a claim for unjust enrichment that involves the construction of a barn on a Defendant's property?
British Columbia, Canada
What is the test for a retrial in a sexual assault case?
California, United States of America
What is the test for a doctor to be held liable for negligence?
Alberta, Canada
What is the test for admitting evidence from a search without a warrant?
British Columbia, Canada
What is the test for admissibility of evidence at a preliminary hearing?
MultiRegion, United States of America
How is the estate of a testatrix divided between her two daughters and her grandchildren?
British Columbia, Canada
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search?
California, United States of America
What is the current state of the law in the context of the Miranda waiver?
California, United States of America
What is the definition of a class definition for a class action?
Ontario, Canada
What is the test for a prison official to be held liable in a tort action for failing to warn of the risk of serious harm to a patient?
MultiRegion, United States of America
How have the courts interpreted the warranty of a glue manufacturer's product?
Nova Scotia, Canada
What is the meaning of the phrase "Fourth Amendment"?
California, United States of America
Are there any cases where a prosecutor's comments to the jury were declared not to be misconduct?
California, United States of America
Can a federal habeas court review an evidentiary ruling by a state court that invalidates the evidence of a criminal case?
MultiRegion, United States of America
What rights does appellant have under the Second Amendment?
California, United States of America
What is the test for section 15(1) of the Charter of Canada’s Human Rights Act, s.15(1)?
British Columbia, Canada
What is the effect of introducing new evidence at trial that takes the accused by surprise?
Alberta, Canada
How have courts dealt with a default judgment in a personal injury case?
California, United States of America
What is the test for determining whether a person has a legitimate expectation of privacy in a vehicle?
California, United States of America
Does Ruiz-Alvarez have any grounds to challenge the district court's instruction of reasonable doubt?
MultiRegion, United States of America
What is the corpus delicti rule as it applies to robbery murder?
California, United States of America
Does a state court have the authority to rule that a sentence forcible sexual Penetration with a Foreign Object is unconstitutional?
MultiRegion, United States of America
Does the failure of the trial court to instruct the jury on the elements of the offense compel a reversal of a finding?
MultiRegion, United States of America
Is a joint tenant entitled to receive fair market value for his interest in the home?
Ontario, Canada
What is the test for a motion to sue for personal injury as a result of exposure to harmful substance untimely?
MultiRegion, United States of America
How much is a plaintiff entitled to maximum pay?
British Columbia, Canada
Can a jury overturn a conviction for felony murder?
California, United States of America
What is the test for a claim of ineffective assistance on the basis of failing to lodge a contemporaneous objection and a request for an admonition?
California, United States of America
What is the test for determining who is to be held responsible for the collision?
British Columbia, Canada
What is the test for relation-back type relief in a medical malpractice case?
California, United States of America
Does the presumption of advancement apply when a parent funds in a joint account with an adult independent child?
British Columbia, Canada
What is the test for a motion to set aside a default in a personal injury action?
California, United States of America
What is the test for a cruel or unusual sentence in a criminal case?
California, United States of America
