Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for a jury to be instructed on a lesser included charge of involuntary manslaughter?
California, United States of America
What is the meaning of the words "substantially the same" in the English Rules of Civil Procedure?
Saskatchewan, Canada
Does a driver have a presumption of negligence in a motor vehicle accident where, at the time of the collision, the driver was asleep at the wheel?
"New York", United States of America
In what circumstances will the court uphold the government's right to keep arrest records?
California, United States of America
What is the appellant's burden of proving that a judgment or order challenged on appeal is presumed to be correct?
California, United States of America
What is the procedure used by a coroner to determine the cause of death at an inquest?
California, United States of America
What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act?
California, United States of America
Is there any case law where a prosecutor manipulated mitigating evidence to support their argument that a defendant suffered from an antisocial personality disorder and was violent and uncontrollable?
California, United States of America
Is a witness's duty to produce documents in response to a subpoena duces tecum discharged when he speaks on the witness stand or produces documents already in existence?
"New York", United States of America
Is a prisoner entitled to federal habeas relief?
MultiRegion, United States of America
What is the impact of a breach of international humanitarian law?
Canada (Federal), Canada
What is the appropriate sentence for possession of a loaded prohibited firearm?
Ontario, Canada
What is the government's burden of proof in a bank deposit case?
MultiRegion, United States of America
What is the test for establishing that a factual error was made in a trial?
California, United States of America
What is the purpose of a non-pecuniary damage award in a personal injury action?
British Columbia, Canada
What should the objection have come earlier and not on the last court date?
Ontario, Canada
Does a defense counsel have an obligation not to delay or delay an appeal even if he thinks the appeal is without merit?
MultiRegion, United States of America
Does a trial court have an obligation to sift through the evidence to identify an issue that conceivably could have been but was not raised by the parties?
California, United States of America
Is use immunity sufficient to overcome a Fifth Amendment claim of privilege?
California, United States of America
What is the test for whether a defendant has committed an affirmative act or a crime of omission?
California, United States of America
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier?
MultiRegion, United States of America
What is the test for assessing damages for loss of future earning capacity in a medical malpractice action?
British Columbia, Canada
What is a resulting trust where a settlor's intent is inferred as a matter of law?
Ontario, Canada
What is the test for admonishing a jury in a criminal case?
California, United States of America
Is there any evidence of bias on the jury in this case?
California, United States of America
How has the hearsay exception been interpreted?
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
What is the opening brief in a personal injury case?
California, United States of America
What is the test for awarding damages for services provided by a court to a plaintiff attorney?
California, United States of America
Does a jury have to be re-polled to determine if the jury has reached a verdict?
California, United States of America
Is it improper for a district attorney to appeal to the passion or prejudice of the jury?
California, United States of America
What is the effect of a defendant's failure to object to the instructions of the jury in their closing argument?
California, United States of America
What is the current state of the law on the test for determining whether a party has a claim to a property owned or operated by a government or its subdivisions?
"New York", United States of America
What is the test for a challenge to the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for refusing to accept oral testimony at a personal injury hearing?
California, United States of America
What is the current state of the law on consent for defence medical examinations?
Ontario, Canada
When determining responsibility for the publication of an opinion by the editor-in-chief of a news website, can the trier of fact consider individual statements as a whole?
British Columbia, Canada
Does "Jessica's Law" apply in the context of Section 3003.5 of the Criminal Code?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a defendant be convicted of an attempted possession of a controlled substance for the purposes of completing the substantive offence?
California, United States of America
What is the evidence in favour of a jury trial finding that a nurse who sued a doctor for medical malpractice has been successful in her claim?
California, United States of America
What is the test for establishing a prima facie case for making a book-making offence?
"New York", United States of America
Does a Minister have an obligation to waive or cancel penalties and interest under the Income Tax Act?
Canada (Federal), Canada
What is the test for determining whether a statement was obtained in violation of Miranda?
California, United States of America
What is the test for second degree robbery?
California, United States of America
Is evidence gathered under the letters of requirement admissible at the preliminary inquiry?
British Columbia, Canada
Is gang membership admissible in a criminal case?
California, United States of America
Is an order imposing sanctions on a party's attorney appealable as a final order on a collateral matter?
California, United States of America
Does a negotiated guilty plea in a criminal case have to be followed by a reduced sentence?
California, United States of America
Is an attorney's performance deficient for failing to present mitigation evidence at a sentencing hearing in a capital case?
MultiRegion, United States of America
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable?
California, United States of America
Is a defendant's failure to raise any objection to the conditions of his probation under which he would be subject to an electronic search?
California, United States of America
Does the California Highway Traffic Safety Act exempt an employer from liability for negligence attributable to the driver's failure to comply with specified statutory provisions?
California, United States of America
What is the extrinsic test used to determine if an allegedly infringing work is substantially similar to a copyrighted work?
MultiRegion, United States of America
What is the test for determining whether a communication is a matter of public concern?
MultiRegion, United States of America
Does the word "shall" in the closing argument of a murder trial influence the jury's decision to award the death penalty?
California, United States of America
What is the test for bifurcation?
Ontario, Canada
What is the effect of a judge's failure to record or summarize in camera testimony of a confidential informant?
MultiRegion, United States of America
What is the test for a motion to exclude evidence in a personal injury case?
California, United States of America
Is one working day per week sufficient to qualify a plaintiff as an employee?
New Brunswick, Canada
How have the courts treated cheques in the past?
Alberta, Canada
Are there any cases where a jury was found to be biased against defendant?
California, United States of America
How have courts interpreted attorney-client privilege in cases involving personal information disclosure in a personal injury case?
California, United States of America
In what circumstances will a judge order a retrial in the case of misconduct by a prosecutor who intentionally causes a mistrial?
California, United States of America
Can an affidavit be admitted on judicial review?
Nova Scotia, Canada
Does a defendant who speaks only Spanish have an effective waiver of a jury trial?
California, United States of America
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment?
MultiRegion, United States of America
What is the defence of diminished capacity in a criminal case?
MultiRegion, United States of America
Does the least adjudicated elements approach apply in this case?
California, United States of America
Does a plantiff's failure to communicate his acceptance of the Minutes of Settlement and Release in question breach the terms of a settlement agreement?
Ontario, Canada
How have courts dealt with section 667.5, subdivision (b) enhancement after the underlying felony conviction was reduced to a misdemeanor?
California, United States of America
Does a plaintiff have to exhaust his administrative remedies when he is released from prison and subsequently reincarcerated?
MultiRegion, United States of America
In arguing against remand, how have the courts dealt with motions that would have reduced defendant's sentence?
California, United States of America
Can a jury reasonably find that assault with a deadly weapon is not an assault with intent?
California, United States of America
What is the test for proving reliance on a misrepresentation?
MultiRegion, United States of America
Does a conviction for bank fraud require proof of either subsection (1) or subsection (2) of the Bank Fraud Act?
MultiRegion, United States of America
Does a judge have immunity from prosecution if they are found to have committed acts that are not judicial in nature?
MultiRegion, United States of America
When can a portion of 25.38 acres be seeded, can the portion that could not be seeded be sown?
Saskatchewan, Canada
Does the Respondent have a right to access and child support and, if not, should his access be supervised?
Ontario, Canada
What is the test for suppressing a statement made by a police officer during questioning?
California, United States of America
What is the test for providing substantial assistance to a plaintiff in a civil case?
MultiRegion, United States of America
How has Section 1327(b) of the Civil Code been interpreted?
MultiRegion, United States of America
What is the test for an accomplice to commit a crime?
California, United States of America
What is the test for determining the credibility of a witness?
California, United States of America
Does the statutory exemption from collective bargaining agreements apply to unions in general?
MultiRegion, United States of America
What is the test for every part of a statute?
California, United States of America
What is the legal test for a defense of necessity in a civil case?
MultiRegion, United States of America
What is the effect of the objection of the Attorney-General to the granting of permission to file and serve an amended Claim?
"New York", United States of America
Is there a statutory requirement that the "set fine" amount appear on the certificate of offence?
Ontario, Canada
What is the essential element of the crime of conspiracy?
California, United States of America
How has the Federal Communications Commission been dealt with in this case?
MultiRegion, United States of America
What is the test for determining whether a party has a valid claim against the other party?
California, United States of America
Does the trial court have any authority to prevent the defense from pursuing a line of inquiry into whether a third party was involved in the murder of Michael Treto?
California, United States of America
When can a criminal defendant seek relief from the present application of a criminal statute or ordinance on constitutional grounds?
California, United States of America
What is the penalty for creating and submitting a false document?
Ontario, Canada
Does a warrant need to be signed by a magistrate?
California, United States of America
On appeal from an order dismissing a complaint after the sustaining of a demurrer, how is the pleading interpreted?
California, United States of America
Does instruction 19 inadequately instructed the jury on their public authority defense?
MultiRegion, United States of America
Does a judge have a duty and duty to control the conduct of the trial?
California, United States of America
Can a claim be dismissed due to the expiry of a limitation period?
Ontario, Canada
What are the consequences of a mutual will when one of the parties revoke their wills?
Ontario, Canada
Does a review board have any responsibility for the ongoing assessment and management of a person who has been found not criminally responsible?
Ontario, Canada
What is the test for disclosing information from a TD report on the Ponzi scheme?
Ontario, Canada
What is the definition of gross negligence in animal cruelty cases?
California, United States of America
What is the role of a federal prosecutor in the prosecution of a criminal defendant?
MultiRegion, United States of America
What is the test for publishing defamatory material?
British Columbia, Canada
How have the courts interpreted section 2189 of the Penal Law?
"New York", United States of America
What is the burden of proof in a paternity proceeding?
"New York", United States of America
Is a dismissal of a complaint for lack of subject matter jurisdiction barred a second action?
California, United States of America
When will a court grant or deny default judgment?
MultiRegion, United States of America
What is the objective test for a constructive dismissal claim?
Alberta, Canada
What is the test for establishing that a primary activity of a criminal gang is "primary activities"?
California, United States of America
What is the legal test for deliberate indifference in medical care cases?
MultiRegion, United States of America
What is the test for establishing jurisdiction for a crime committed elsewhere?
"New York", United States of America
What is reasonable compensation for a plaintiff in a personal injury case?
MultiRegion, United States of America
When a defendant makes manifestly and deliberately false statements about the circumstances surrounding the allegation of sexual assault, can they be considered admissions of guilt?
California, United States of America
What is the test for certifying an action on the basis of common issues?
British Columbia, Canada
What are the consequences of a remedial order of damages awarded to a plaintiff in a personal injury case?
Canada (Federal), Canada
What is the test for entering a final judgment in a criminal case?
MultiRegion, United States of America
What is the burden of proving that the court erred?
California, United States of America
Is a co-surety voluntarily discharging the principal obligation on a loan?
Ontario, Canada
Is a question of law remand to the district court?
MultiRegion, United States of America
What is the effect of a unilateral amendment to a Bank of America (i.e. an amendment to the Bank of California Act) requiring a plaintiff to pay off the balance of his account to arbitration?
California, United States of America
Does the Attorney General's contention that a plea bargain agreement contains an explicit waiver of the protections of the double jeopardy clause?
California, United States of America
Does improper motivation need to be included in a jury charge in a case involving a claim of adverse action based on improper motivation?
MultiRegion, United States of America
What is the impact of cloud computing on privacy concerns?
California, United States of America
What is the test for an allegation of imminent danger under Section 1915(g)?
MultiRegion, United States of America
What are the legal standards governing review of misconduct claims?
California, United States of America
What evidence supports defendant's claim that she was deprived of a hearing on the merits at an arbitration?
California, United States of America
What is the test for determining sufficiency of evidence to support a conviction?
California, United States of America
Does a city have an obligation to comply with both state and federal law?
MultiRegion, United States of America
What are the circumstances in which a party abandons an appeal?
British Columbia, Canada
In what circumstances will a convicted criminal defendant be remanded in custody for a reduction in his sentence due to a fortuitous sentencing error?
California, United States of America
What is the test for admitting new evidence at trial?
Ontario, Canada
What is the test for an injunction under section 527.61 of the California Code of Civil Procedure to prevent further harassment?
California, United States of America
What is the case law on the aider/abettor's guilt in a murder case?
California, United States of America
What is the test for reconsideration of a decision by the BC Human Rights Tribunal?
British Columbia, Canada
What are the elements of the "gang-related argument" in a criminal case?
California, United States of America
Is there any case law in which there have been any allegations of undue influence?
British Columbia, Canada
What is the legal test for a judge to determine the appropriate amount of costs in a personal injury case?
Ontario, Canada
Does the probation department have an obligation to notify the probation officer of an arrest warrant for violation of probation?
California, United States of America
In what circumstances will a defendant be detained by a police officer if the officer's actions are very intimidating to a reasonable person?
California, United States of America
Can a mediator recommend a recommendation to the court if the parties cannot agree?
California, United States of America
Does Section 654 of the California Criminal Code require a separate punishment for each crime committed against different victims?
California, United States of America
When will a court order that the results of an independent review be considered to be sufficient before a trial has begun?
MultiRegion, United States of America
Can a court award costs against counsel even if bad faith is not proven?
Ontario, Canada
What are the consequences of a claim being presented for the first time in a subsequent collateral review of a criminal conviction?
California, United States of America
What are the findings of the Court of Appeal in the case of Smith v Robbins?
California, United States of America
Does section 654 of the California Criminal Code bar multiple punishment for both possession of a firearm and possession of ammunition?
California, United States of America
What are some of the most well-known examples of First Amendment arguments in the history of the First Amendment?
British Columbia, Canada
Does a promise of leniency from a detective at trial and on appeal in a sexual assault case affect the credibility of a witness at trial?
California, United States of America
Does a failure to warn of dangers inherent in a product constitute a defective product?
California, United States of America
What is the test for a federal court to review a state's evidentiary rules?
MultiRegion, United States of America
What is the test for establishing a fiduciary duty outside the established categories?
Ontario, Canada
What is the test for a defendant's right to remain silent?
California, United States of America
What is the test for determining whether a document is relevant or material?
Alberta, Canada
Does a state prison have to be represented by an attorney when there is no lawyer available or available?
California, United States of America
Is there insufficient evidence to convict appellant of assault with intent to commit rape?
California, United States of America
What is the test for an expert witness in a mental health case?
California, United States of America
What are the main reasons the Divisional Court of Justice has found that the Applicant and Respondent did not have a reasonable chance of success in their appeal?
Ontario, Canada
What is the test for evidence of prior acts under Rule 404(b)?
MultiRegion, United States of America
What are the consequences of a party's success rate when it is not substantially successful?
British Columbia, Canada
What is the limitation period for an action brought by a plaintiff against a defendant who was placed on sick leave on October 25, 1992?
British Columbia, Canada
Does Defendant have any grounds to argue that the amendment to the California Civil Rights Act is unconstitutional on equal protection grounds?
California, United States of America
How has the Court considered whether appellant was armed when he was convicted in count four of the methamphetamine possession charge?
California, United States of America
Is attorney-client privilege an important element in the effectiveness of a counselor-at-law?
California, United States of America
How have the courts interpreted the term "appellate jurisdiction" in article VI, section 11 of the California Constitution?
California, United States of America
What is the standard of review in a conspiracy case where the alleged conspirators rely mainly on circumstantial evidence?
California, United States of America
Does Section 924(c) need to have a consecutive sentence?
MultiRegion, United States of America
Can a disciplinary committee or council conduct a two-stage proceeding?
Saskatchewan, Canada
Can a guarantor become a principal debtor?
British Columbia, Canada
In what circumstances will a court uphold an affidavit that states that J.N does not have any copies of the records described in the affidavit?
California, United States of America
Is a certificate of tenant eligibility issued by a local housing authority a "certification" pursuant to section 11105 of the California Criminal Code Code?
California, United States of America
What is the effect of a stay of an administrative driving ban on an appellant?
British Columbia, Canada
Is a defendant entitled to see a transcript of a conversation that does not relate to him?
MultiRegion, United States of America
In what circumstances will a mobile home be deemed to be affixed to the real property?
Saskatchewan, Canada
Are there any federal or state-law claims?
MultiRegion, United States of America
Is there an error in the prosecutor's comment about the failure of appellant to call his father as a witness?
MultiRegion, United States of America
What is the evidentiary onus on the responding party to impecuniosity?
Ontario, Canada
In what circumstances will a judge be permitted to comment on the evidence before a jury in a personal injury case?
California, United States of America
What is the test to survive a motion to dismiss?
MultiRegion, United States of America
In what circumstances will the court grant costs to the unsuccessful party in a probate action?
British Columbia, Canada
Does a Power of Attorney need a greater capacity than that required to manage property?
Ontario, Canada
What are the moral obligations of a supporting spouse to provide for the dependent spouse after the husband dies?
Alberta, Canada
How have courts treated cases involving police officers in the past?
California, United States of America
What is the current state of the law on personal costs against a solicitor?
Ontario, Canada
What is the test for admissible evidence in a murder trial?
California, United States of America
What is the result of a motion to dismiss the use of a dangerous weapon allegation against defendant?
California, United States of America
Does a search warrant need to include an incorporated, unattached supporting document that does not reference criminal statutes?
MultiRegion, United States of America
What is the test for inadmissible accounts in a personal injury case?
British Columbia, Canada
Is there any case law that supports the argument that the evidence provided by John Weaver, who was found guilty of perverting the course of justice in a civil case?
MultiRegion, United States of America
In what circumstances will the trial court appoint an interpreter for the trial of a defendant who does not speak English?
California, United States of America
What is the background to a criminal case where a defendant pleaded no contest to a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the test for a motion to dismiss pursuant to Rule 12(b)(6)?
MultiRegion, United States of America
Is a judge's statement of disqualification from the files of the court valid?
California, United States of America
Does section 44944(e) of the California Education Act restrict teachers' hearing rights?
California, United States of America
What are the consequences of failing to raise a claim on appeal?
MultiRegion, United States of America
Does the erroneous admission of evidence in a civil case provide a basis for federal habeas relief?
MultiRegion, United States of America
Is there a breach of trust for a lawyer who misappropriates client funds from an employer?
British Columbia, Canada
What is the test for cross-examination in criminal cases?
California, United States of America
