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 have courts interpreted the definition of a man's mens rea in a motor vehicle accident?
MultiRegion, United States of America
What is a District Attorney's obligation to instruct the Grand Jury concerning defenses?
"New York", United States of America
What is the effect of the delayed discovery rule on cause of action?
California, United States of America
What is the test for a court to exercise discretion in deciding whether or not to intervene in a civil matter?
British Columbia, Canada
What is the test for establishing causation in a personal injury case?
British Columbia, Canada
Does the Court of Appeal review an opinion or pre-trial order?
MultiRegion, United States of America
What is the test for a "reasonably contemplated" action?
British Columbia, Canada
What is the current state of the law on the basis of factual findings on a suppression motion?
MultiRegion, United States of America
Can a government official be held liable for defamatory statements made under section 1983 of the California Civil Code?
MultiRegion, United States of America
Does not offend equal protection principles by failing to provide capital defendants with the same procedural safeguards as non-capital defendants at the penalty phase?
California, United States of America
What are some cases where domestic abuse evidence has been found admissible to explain a defendant's motive to commit an arson attack?
MultiRegion, United States of America
What is a duty of care for a defendant in a personal injury action?
British Columbia, Canada
How have courts reviewed a motion to strike or dismiss under section 1385?
California, United States of America
What is the evidence supporting the People's claim that the underrepresentation of Hispanics in the selection process was not intentional discrimination?
"New York", United States of America
Is the credibility of a witness in a civil case considered credible in the context of habeas review?
MultiRegion, United States of America
Is a sentence within the statutory limits subject to appellate review?
MultiRegion, United States of America
What is the test for a motion to suppress a motion where a police officer has been watching a house from a public street?
California, United States of America
What is the test applied by the Court of Appeal to review a conviction?
California, United States of America
Does an offer to settle in a case constitute a special circumstance and justified departure from Rule 66(29)?
British Columbia, Canada
How much attorney fees are awarded to defendants on appeal?
California, United States of America
What is the test for setting aside a default judgment?
British Columbia, Canada
Is a defendant permitted to suppress evidence obtained in unjustified warrantless searches of his residence and vehicle?
California, United States of America
Can a defendant be punished for each violation committed under Section 654 of the California Criminal Code?
California, United States of America
Is a failure to instruct on accomplice liability harmless?
California, United States of America
Does a motion to vacate challenge the jurisdiction of the trial court?
California, United States of America
Does a defendant have a duty to instruct on his own motion concerning accident as an affirmative defense?
California, United States of America
Does litigation privilege apply to the anti-SLAPP statute?
California, United States of America
How has section 198.3.5 of the California Penal Code been interpreted by courts?
California, United States of America
Is a court's ruling on a motion for access to police personnel records subject to review for abuse of discretion?
California, United States of America
Does a breach of the relevant by-law constitute negligence or technical in the extreme?
Ontario, Canada
What is a prosecutor's duty to grant immunity to a witness?
California, United States of America
Can a motion to suppress identification evidence be heard after a mistrial has been declared?
California, United States of America
Does a judge have the power to strike a prior conviction for sentencing purposes?
California, United States of America
What is the test for a convicted arsonist to be found guilty of a felony murder?
California, United States of America
Can a plaintiff bring an action against a professional for negligence?
Ontario, Canada
Can a defendant plead against the bar of the statute of limitations?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
When will a judge order a present sanity hearing for a defendant?
California, United States of America
In what circumstances will a defendant be found in the driver's seat of his vehicle, in a field adjacent to the highway?
Saskatchewan, Canada
What is the test for granting relief in a personal injury case?
California, United States of America
What is the test for state protection in refugee law?
Canada (Federal), Canada
What is the test for trustworthiness and trustworthiness of a social worker in a sexual assault case?
Ontario, Canada
Is there insufficient evidence to support the MMP defense that defendant was lawfully cultivating marijuana for a nonprofit collective?
California, United States of America
What is the consequence of refusing to participate in an internal affairs investigation?
California, United States of America
How have courts dealt with negligent defamatory graffiti in the past?
California, United States of America
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs?
MultiRegion, United States of America
What is the preclusive effect of a judgment in a class action?
California, United States of America
Can a court appoint counsel to advise a witness on the Fifth Amendment?
California, United States of America
What is the test for invoking the word "sham" in the context of perjury?
MultiRegion, United States of America
What is the test for a return order under the Hague Convention on Human Rights?
Canada (Federal), Canada
What is the test for certifying a habeas petition?
MultiRegion, United States of America
What are the elements of adverse possession in common law?
California, United States of America
In a motor vehicle accident case, in what circumstances will a motorcyclist be found liable for failing to stop for police?
"New York", United States of America
What is the test for a party to amend their pleading in a civil case?
California, United States of America
What are the evidentiary requirements for a summary judgment?
British Columbia, Canada
Does a judge have the power to restrict fundamental rights in a probation sentence?
MultiRegion, United States of America
What is proportionality of a sentence for possession of a firearm with intent to cause grievous bodily harm?
MultiRegion, United States of America
What is the test for imputing income on a personal injury basis?
British Columbia, Canada
Does a party to a federal civil case have a right to proceed before an Article III judge?
MultiRegion, United States of America
What is the inconsistency of verdicts in a motor vehicle accident case?
California, United States of America
How will the courts intervene where an action by an association is in violation of its own bylaws and constitution?
California, United States of America
What is a qualified expert in a medical malpractice case?
California, United States of America
How have the courts treated "newly discovered evidence" in the context of a motion for a continuance of a robbery?
MultiRegion, United States of America
What is the test for determining whether a federal district court has jurisdiction to hear a class action brought by a union representing unionized workers?
MultiRegion, United States of America
What is the test for assessing past or future loss?
British Columbia, Canada
What is the test for a variation to the terms of a parenting order under s. 17(5) of the Divorce Act?
British Columbia, Canada
Does defendant's self-inflicted change in status as a repeat offender constitute an ex post facto violation of section 23175(a) of the Criminal Code?
California, United States of America
Can an actuarial surplus in the Trust Fund be realized in violation of the terms of the Plan?
Ontario, Canada
When redrafting the appeal provision in an arbitration agreement, can counsel for the parties be presumed to be aware of the provisions of the Arbitration Act?
Ontario, Canada
How can a non-attorney juror find there to be any reasonable doubt regarding an element that the People need not prove?
California, United States of America
What is the test for making a witness available for trial in a grand jury case?
"New York", United States of America
Is there any defence of due diligence available to the applicant in a claim for auto accident benefits?
Ontario, Canada
How have courts treated the First Amendment in cases involving self-censorship?
MultiRegion, United States of America
Can a plaintiff combine a claim for debt and one for damages under the Small Debt Procedure?
Saskatchewan, Canada
What is the test for premeditation and deliberation in a murder case?
California, United States of America
Does a defendant have a right to be present at a pre-trial hearing?
California, United States of America
What is the test for discipline of a police officer for publishing a letter critical of his immediate superior?
California, United States of America
What is the elements test for a lesser included crime within a greater crime?
California, United States of America
Does the Court have any obligation to provide notice of release from custody of an individual who has been released from custody during forfeiture proceedings?
MultiRegion, United States of America
What is the test for determining whether a police officer has the authority to arrest a person for possession of marijuana?
California, United States of America
What is the fiduciary duty of an insurer to an insured?
California, United States of America
What is the test for a vexatious litigant to seek an order for costs against the respondent?
British Columbia, Canada
What are the elements of the tort of intrusion upon seclusion?
Ontario, Canada
What is the test for determining whether a party was at fault in a motor vehicle accident?
California, United States of America
Can a plaintiff prove a substantial possibility of future loss of income despite having returned to his usual employment?
British Columbia, Canada
Is a probation condition requiring appellant to submit his person and property to search and seizure at any time of the day or night, by any peace officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion?
California, United States of America
Can a juror be discharged from a jury for misconduct?
California, United States of America
Is a repudiation of a loan an adequate remedy?
British Columbia, Canada
What is the test for clear and convincing evidence in a civil case?
federal, United States of America
Is the sentence imposed by the trial court consistent with the law?
California, United States of America
What is the standard of proof in contempt cases?
Ontario, Canada
How have the courts treated a supplemental brief in an appeal?
California, United States of America
What is the test for making a threat or threat to kill a person?
California, United States of America
What is the test for a search warrant for possession of marijuana under the Fourth Amendment?
California, United States of America
What is the effect of Rule 12 on the "motion in bar"?
MultiRegion, United States of America
What is the test for probable cause?
MultiRegion, United States of America
What is the test for a claim for deliberate indifference to a serious medical need?
MultiRegion, United States of America
Is a written testamentary contract enforceable?
British Columbia, Canada
What is the test for determining whether there is cause of proximate causation in a motor vehicle accident?
MultiRegion, United States of America
How have appellate courts considered motions to disqualify counsel?
California, United States of America
Can academic articles address post-separation parenting in the context of the best interests of the child?
British Columbia, Canada
Is a conviction for moral turpitude admissible regardless of whether it is a misdemeanor or a felony?
California, United States of America
Can section 118 of the Criminal Code of Ontario perverting the course of justice apply to a perjury charge?
MultiRegion, United States of America
What rights does a witness have to testify in a disciplinary hearing?
MultiRegion, United States of America
What is the test for establishing a right of way in perpetuity?
British Columbia, Canada
What is the test for a jury to convict a defendant in a sexual assault case?
California, United States of America
Is a defendant's net worth substantially greater than at the time of trial considered to be admissible at trial?
California, United States of America
Does a state appellate court have authority to interpret state law as binding or binding?
MultiRegion, United States of America
Is there sufficient evidence to support the jury's finding that the California Criminal Street Gang is a criminal street gang?
California, United States of America
Does a trial court's instructional error on the "natural and probable consequences" rule deny a defendant due process of law under the Fourteenth Amendment?
California, United States of America
What is the scope of judicial review for a teacher's claim for unfair dismissal?
California, United States of America
What is the argument that a jury can determine whether a knife is a deadly instrument based on "common sense"?
California, United States of America
Is entrapment or inducement an instruction that prejudiced their defense to the charge of conspiracy to commit murder for hire?
MultiRegion, United States of America
What is the test for impeaching a witness under the Evidence Code?
California, United States of America
In what circumstances have courts upheld warrantless entry?
MultiRegion, United States of America
Can disclosure of attorney-client privilege constitute a waiver of attorney work product?
California, United States of America
Is there insufficient evidence to convict Defendant of conspiracy to commit two separate conspiracies?
California, United States of America
Can an employer intervene in an employee's action for reimbursement of compensation paid to the employee?
California, United States of America
What is the test for determining whether or not a police action is justified?
"New York", United States of America
What is the test for a sudden quarrel or heat of passion murder?
California, United States of America
What are the consequences of a District Attorney's decision not to seek a retrial on counts 5, 1 and 2 of a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the effect of the Eighth Amendment on sentences that are grossly disproportionate?
California, United States of America
What is the legal test for disbarring a lawyer who misappropriated client funds but presented mitigating evidence?
California, United States of America
How have costs been apportioned in motor vehicle accident cases?
Prince Edward Island, Canada
In what circumstances will a defendant be found guilty of wilful violation of a court order?
California, United States of America
Can a director or officer of a corporation force the corporation to sign a contract?
Ontario, Canada
What is the standard of review for a sexual assault claim involving both direct and circumstantial evidence?
California, United States of America
How have courts treated a claim that a calling is more honorable than another calling?
California, United States of America
Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation?
California, United States of America
Is failing to properly caution a suspect fatal to the voluntariness of a statement?
Ontario, Canada
What is the test for establishing that a plaintiff has been harmed by Ogle?
California, United States of America
What is the test for establishing a military nexus under the Canadian Bill of Rights?
Canada (Federal), Canada
What is the test for a motion to stay a motion by the Department of Homeland Security to stay the motion?
MultiRegion, United States of America
What is the test for reasonable suspicion in a traffic stop?
MultiRegion, United States of America
Can a defendant request access to juror identifying information from a jury?
California, United States of America
What is the test for admitting or denying evidence in a civil case?
California, United States of America
What is the test for a state statute to be upheld?
MultiRegion, United States of America
Does the Hatch Act bar federal employees from engaging in "political activity"?
California, United States of America
What is the test for a judge to grant an adjournment in a personal injury case?
Nova Scotia, Canada
What is the impact of the review department's proposal of discipline against a referee?
California, United States of America
What is the burden of proving error in a motion?
California, United States of America
Can a sentence that conflicts with section 654 of the Criminal Code be challenged on appeal?
California, United States of America
What is the result of a summary judgment in a child support matter?
Ontario, Canada
What is the test for "good faith" conduct in the context of police misconduct?
Ontario, Canada
What is the full terms of the agreement at issue?
British Columbia, Canada
What is the legal test for a motion to quash in an unlawful detainer action?
California, United States of America
Does In-Home Supportive Services (IHSS) have to provide services in the home that are not covered by the state?
California, United States of America
In what circumstances will a defendant be found guilty of a violation of section 134 of the California Penal Code for submitting a false receipt?
California, United States of America
What is the impact of failure to apply for refugee status immediately upon arrival or within a reasonable delay?
Canada (Federal), Canada
What is the test for producing material that is not relevant?
Nova Scotia, Canada
What is the common law liability of a developer for misrepresentation in a disclosure statement?
British Columbia, Canada
Does the third-party litigation exception apply?
MultiRegion, United States of America
Does an amended complaint sufficiently allege that an individual has committed a wrongful act?
California, United States of America
What is the effect of pre-trial publicity on a jury?
MultiRegion, United States of America
Is there an exception to settlement privilege?
Canada (Federal), Canada
Does the Court have to consider the cumulative effect of multiple errors in a harmless error review?
MultiRegion, United States of America
What is the cumulative error doctrine in habeas?
MultiRegion, United States of America
What is the test for res judicata in the context of a motion to have a second action brought against a municipality for damages arising from a dam being built in the area?
Prince Edward Island, Canada
What is the objective test in determining what a reasonable patient would have done if given additional information about the risks of surgery?
Alberta, Canada
In a motor vehicle accident case, in what circumstances will a defendant be found to have been driving at high speed while drunk?
California, United States of America
Does the Fourteenth Amendment apply in the context of cruel and unusual punishment claims?
MultiRegion, United States of America
What is the standard of review for a nonsuit after conclusion of the opening statement?
California, United States of America
What is the test for summary trial in a medical malpractice case?
British Columbia, Canada
What is the test for variation application under section 17 of the Child Support Act?
Saskatchewan, Canada
Is a medical waste treatment facility exempt from a writ of mandate?
California, United States of America
How have the courts treated a claim that the prosecutor's closing argument violated the appellant's fifth amendment rights de novo?
MultiRegion, United States of America
Is a temporary judge required to conduct a capital trial?
California, United States of America
What is the width of an easement and its likely intended use?
British Columbia, Canada
What is the current state of the US Supreme Court opinion on First Amendment freedom of speech?
California, United States of America
What are the consequences of a failure to file a tax return within the statutory deadline?
Canada (Federal), Canada
What is the test for damages for irreparable damage in a personal injury case?
Ontario, Canada
What is the effect of placing a citizen complaint in a police officer's personnel file?
California, United States of America
Can a plaintiff bring a common law action for negligence against a company director who is also a nurse?
California, United States of America
What is the test for use of force by a police officer to arrest a man?
Ontario, Canada
How has the Court applied the great-bodily-injury enhancement (rule 4.421(a)(1) and the upper term for assault on a defendant who punched his ex-wife in the face?
California, United States of America
What is the test for finding a defendant to be liable for an injury caused by negligence?
California, United States of America
Can a defendant in a personal injury action obtain attorney fees?
California, United States of America
What is the standard of review of a motion to suppress?
California, United States of America
What is the burden of proving a defense by a preponderance?
California, United States of America
What is the current state of the law in this case?
MultiRegion, United States of America
What is the test for equalization of spousal support?
British Columbia, Canada
What is the test for requesting clarification of instructions on flight or the escape rule?
California, United States of America
Does a substitution of attorney have to apply for a motion for a new trial?
California, United States of America
Does Section 825 require a public entity to provide the defense?
California, United States of America
What are reasonable and probable grounds to issue an arrest warrant?
British Columbia, Canada
Does a motion to withdraw a plea of no confidence in a federal criminal case have jurisdiction to withdraw such a plea?
MultiRegion, United States of America
Is the adjudicator entitled to make findings of fact on conflicting evidence?
British Columbia, Canada
What is the test for obtaining a search warrant to search for items that may have been seized during a bank robbery?
MultiRegion, United States of America
In deciding a motion to dismiss for failure to exhaust, can a court look beyond the pleadings and decide disputed issues of fact?
MultiRegion, United States of America
What is the legal test for a servant who procures a man to commit a breach of contract with a third party?
British Columbia, Canada
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the standard of proof in a review of a finding of no substantial evidence?
California, United States of America
What is the burden of proving harmless contact with a juror?
MultiRegion, United States of America
What is the legal test for applying s. 52 of the Criminal Code of Canada?
British Columbia, Canada
What is the test for a finding of guilty beyond a reasonable doubt?
California, United States of America
What is the test for a foreign divorce?
Ontario, Canada
What is the legal test for making a motion for a commission to take a deposition?
California, United States of America
What is the test for a motion for summary acquittal under section 1118 of the California Penal Code?
California, United States of America
Does appellant have any grounds to argue that a notice of renewal was not timely?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
