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 difference between a voir dire and an appellate court?
California, United States of America
Does a judge have jurisdiction to issue a motion in a civil matter?
Ontario, Canada
What is the meaning of the term "for the benefit of a criminal street gang"?
California, United States of America
Is there any case law in which a plaintiff has been denied a continuance of a motion by the Court of Appeal because he is dissatisfied with his counsel?
California, United States of America
Is corroboration admissible in a sexual assault case?
California, United States of America
What is the test for a court to "rubber-stamp" a recommendation by an expert on custody and visitation?
California, United States of America
Can dogs track human scent at trial?
British Columbia, Canada
What is the test for determining the sufficiency of evidence in a personal injury case?
California, United States of America
How does the court review custody and visitation orders under the deferential abuse of test?
California, United States of America
What factors will the Board of Arbitration for Human Rights consider when determining whether to grant relief under section 244(a)(1) of the Immigration and Border Protection Act?
MultiRegion, United States of America
Does the District Court err in denying a motion to dismiss the indictment for alleged violations of the Speedy Trial Act?
MultiRegion, United States of America
Does section 1385 of the Penal Code apply to remand for discretionary consideration by the sentencing court?
California, United States of America
Is res judicata barred from the present action?
MultiRegion, United States of America
How have courts interpreted the statutory rules regarding driver's right of way in a collision?
British Columbia, Canada
What is the test for a motion to obtain custody of a child and what is the relevant authority on the test?
British Columbia, Canada
What is the test for equalization in a contract?
British Columbia, Canada
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act?
California, United States of America
What is the test for obtaining an extension of time on an application for judicial review?
Canada (Federal), Canada
What is the test for appointing a guardian ad litem?
MultiRegion, United States of America
Is there one rule of law for intoxicated driving cases?
California, United States of America
Does a defendant qualify for a four-level reduction for being a minimal participant in the crime?
MultiRegion, United States of America
What is the standard of review for a motion to suppress a statement under Miranda?
California, United States of America
Is there an error in a federal court's instruction concerning the federal witness protection program?
MultiRegion, United States of America
What is the impact of the Fourth Amendment on the search and seizure of electronic communications?
MultiRegion, United States of America
What is the modified categorical approach used by a jury to determine whether a defendant is a principal or an accomplice in a drug trafficking case?
MultiRegion, United States of America
What is the test for damages for irreparable damage in a personal injury case?
Ontario, Canada
Can a husband increase his wife's support on the basis of substantial increase in income?
Ontario, Canada
What is the difference between a motor vehicle accident and a lumbar strain?
Nova Scotia, Canada
What are the elements of a jury's finding of street terrorism?
California, United States of America
What is the current state of the law on affidavit preparation?
British Columbia, Canada
Does section 654 of the California Criminal Code require separate criminal threats and witness dissuasion charges?
California, United States of America
Can a defendant plead guilty to a criminal charge in a subsequent civil action?
California, United States of America
What is the standard for determining whether a jury would have convicted a defendant of simple kidnapping rather than a federal criminal offence?
California, United States of America
Does the County Water District need to pay the expenses incurred in the formation of a new district?
California, United States of America
What is the state of the law on national security concerns?
MultiRegion, United States of America
What is the impact of a federal court's decision on a defendant's immigration status?
MultiRegion, United States of America
How have the courts interpreted the warranty of a glue manufacturer's product?
Nova Scotia, Canada
What is the test for data that is used for statistical purposes?
Canada (Federal), Canada
What is the effect of the Final Rule on physical separation in the context of Title X?
MultiRegion, United States of America
What is the test for dismissing a prior conviction under the Three Strikes?
California, United States of America
How have the courts dealt with the use of photos of a murder victim by a prosecutor in their closing argument?
California, United States of America
What is the test for forfeiting a Probable Cause Certificate?
California, United States of America
What is the threshold question for granting leave to appeal where the issue is moot?
British Columbia, Canada
Is there any case law in which a federal district court erred in dismissing an initial indictment without prejudice under the Speedy Trial Act?
MultiRegion, United States of America
When will a tenant be justified in refusing to tender rent for February and March?
Saskatchewan, Canada
What is the test for the principle of "volenti" in the context of body contact sports?
British Columbia, Canada
What is the test for apportioning the proceeds of a sale of real property between the parties?
California, United States of America
What is the test for declining to hear an appeal?
New Brunswick, Canada
Is a motion to vacate or modify an order or judgment while the appeal is pending?
California, United States of America
What is the initial burden of persuasion under RLUIPA?
MultiRegion, United States of America
Can a jury substitute the word "would" for "could"?
MultiRegion, United States of America
Is there any evidence to support a claim of sexual favoritism towards female employees?
California, United States of America
Does a jury have to be told that if it returns a death verdict, the sentence of death will inexorably be carried out?
California, United States of America
What are the elements of conspiracy under federal law?
MultiRegion, United States of America
What is the legal test for taking judicial notice?
Alberta, Canada
What is the test for finding a statute facially unconstitutional?
California, United States of America
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel?
California, United States of America
What is the test for determining the amount of damages a victim can claim against a defendant?
California, United States of America
What are some of the most recent decisions in medical malpractice cases?
British Columbia, Canada
What is the meaning of “significantly unfair” and “oppressive” conduct?
British Columbia, Canada
What is the test for substantial evidence in a sexual assault case?
California, United States of America
How have courts interpreted ballot summaries and arguments in determining the meaning of a ballot measure?
California, United States of America
Is a defendant's right to the assistance of counsel impaired when he removed his appointed trial attorney?
California, United States of America
Does assault with a deadly weapon and carjacking charge merge for purposes of sentencing?
California, United States of America
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code?
California, United States of America
What is the test for intent in a criminal offence?
California, United States of America
What is the impact of COVID-19 exposure on a child's mental health?
Ontario, Canada
What is the test for determining whether a surgeon is qualified to operate on a patient?
British Columbia, Canada
What is the test for a claim of prosecutorial misconduct?
California, United States of America
Does a new trial order need to be affirmed as against law or against error in law?
California, United States of America
What is the test for cross-examination of a witness in a trial where the witness was cross-examined?
British Columbia, Canada
In what circumstances will a charitable bequest be held?
Saskatchewan, Canada
Can appellant challenge his sentence for failing to seek a certificate of probable cause?
California, United States of America
Does the US Supreme Court have any authority to review challenges to the effectiveness of defense counsel on appeal?
MultiRegion, United States of America
What is a loss payee’s right to a lien on the insurance money of a plaintiff?
Saskatchewan, Canada
Does a judge have authority to order a second restitution fine upon revocation of probation?
California, United States of America
Does the Police Report of a Defendant have a factual basis?
California, United States of America
What are the factors used to determine a penalty at the penalty stage?
British Columbia, Canada
What is an officer's obligation to respond fully when asked for information that qualifies his answer?
Alberta, Canada
Does a jury need to decide unanimously under two separate theories of liability under different theories of aider and abettor liability?
California, United States of America
When will a judge vary the order for sole custody?
British Columbia, Canada
Does the term "on contract" apply to attorney fees?
California, United States of America
Is a payor intentionally under-employed or unemployed intentionally negligent in paying for their child’s education and health needs?
Ontario, Canada
What is the test for a claim for "hostile or abusive work environment"?
MultiRegion, United States of America
What is the test for vacating a conviction for violating section 288.5 of the California Penal Code?
California, United States of America
Where someone who is not the client gives information to a lawyer, and expects the lawyer to hold it in confidence, what analysis is needed to reach the conclusion?
Alberta, Canada
Is it reasonable for a defendant to seek to avoid the death penalty by pleading guilty to two counts of second degree murder and one count of involuntary manslaughter?
California, United States of America
What is the legal test for a joint tenancy?
Prince Edward Island, Canada
Are there any reasonable methodologies for estimating the amount of CO2 emissions generated by the Project?
MultiRegion, United States of America
What is the test for compliance with the time limitations imposed by the Election Law?
"New York", United States of America
In a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, what is the burden of proving that a finding made by the state is correct?
MultiRegion, United States of America
Is a bankrupt a fiduciary position?
Alberta, Canada
What are the consequences if a plaintiff fails to follow the instructions in a motion to amend or amend the Complaint?
MultiRegion, United States of America
Can a judge overturn a trial court's decision to exclude evidence of prior crimes?
MultiRegion, United States of America
What is the test for dismissing an appeal from a federal bankruptcy court when the appeal is moot?
federal, United States of America
What are the damages for breach of contract, inducement and waiver of the probationary period?
Prince Edward Island, Canada
In what circumstances will a judge order that the undisputed facts are consistent with one reasonable inference?
California, United States of America
What is the effect of section 654 of the California Criminal Code on a defendant who has committed two separate crimes?
California, United States of America
In what circumstances will a jury not be able to reach a unanimous decision in a case?
California, United States of America
What is the meaning of “person aggrieved” in legislation?
New Brunswick, Canada
What is the evidence used in the application of the necessity test for a foster child?
Ontario, Canada
What is the scope of a jury's duty to deliver instructions to the defense in a robbery case?
California, United States of America
Is there a situation where a significant premarital contribution to the acquisition of marital assets by one of the spouses was significant?
Nova Scotia, Canada
Does a court have jurisdiction to prosecute the same defendant in the same case?
MultiRegion, United States of America
What is the test for having standing in a motion to obtain injunctive relief to prevent the collection of a personal injury tax?
California, United States of America
What is the limitation period for a cause of action for wrongful death against a health care provider based upon professional negligence?
California, United States of America
What is the test for provocation in a "heat of passion" case?
California, United States of America
What is the principal impediment to due process of law in a civil case?
California, United States of America
What is the definition of “total disability” in the context of Section 80(1) of the BC Insurance Act?
British Columbia, Canada
What is the test for determining whether a jury's error was unimportant?
California, United States of America
What is the joint and several liability of defendants in a personal injury action?
California, United States of America
Can a person be convicted of more than one crime arising out of the same act or course of conduct?
California, United States of America
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations?
Alberta, Canada
Can a jury consider statements made before trial which constituted implied admissions?
California, United States of America
What is the test for imposing a proper sentence on a defendant who has been found guilty of gross negligence under the California Penal Code?
California, United States of America
What are the deadlines for parties to make costs submissions in a personal injury action?
Ontario, Canada
What is the test for a motion for a new trial based on juror misconduct?
California, United States of America
Are affidavits and letters from counsel in India insufficient to adjourn a divorce application?
British Columbia, Canada
What is the test for an application for an ex parte injunction under the Domestic Violence and Stalking Act?
Manitoba, Canada
What is the test for determining what is wrong with a judge's judgment?
California, United States of America
Does a notice of appeal need to be timely filed?
California, United States of America
What is the test for a claim for failure to engage in the interactive process?
California, United States of America
Does the absence of a police station in a community have an impact on the safety and welfare of the community?
Ontario, Canada
What is the test for a jury to determine whether a homeowner can use force to evict an intruder from their home?
California, United States of America
What is the test for substantial evidence in an appeal from a denial of disability benefits?
MultiRegion, United States of America
Does a prisoner have to allege that he was denied access to the courts?
MultiRegion, United States of America
In what circumstances will a jury be able to convict a defendant of assault for refusing to take a polygraph?
California, United States of America
What is the pleading burden of a plaintiff seeking damages under the RICO Act?
MultiRegion, United States of America
What is the test for an accomplice to be convicted of aiding and abetting a crime?
California, United States of America
What factors are considered to be relevant in determining whether judgment creditors pursued debtors prior to the filing of a bankruptcy petition?
MultiRegion, United States of America
Is expert testimony admissible pursuant to Rule 702?
MultiRegion, United States of America
What is the test for a police officer to have an affirmative duty to detain a person who has been found to be intoxicated in the street?
California, United States of America
What is the test for a search warrant in the context of search warrant application?
MultiRegion, United States of America
Can a motor vehicle application be denied without reference to the victim's statement?
California, United States of America
How have courts interpreted the definition of a "definite and firm conviction" in a motion for sexual assault?
MultiRegion, United States of America
What is the standard of review for a motion for a new trial?
California, United States of America
How have courts dealt with allegations of sexual assault in the context of civil litigation?
MultiRegion, United States of America
Is an appeal from a judgment of a lower court moot?
California, United States of America
What information does a defendant need to know about the special elements of a murder charge?
MultiRegion, United States of America
Can a defendant appeal from a judgment of conviction for sexual assault in a direct appeal?
California, United States of America
In what circumstances will a summary trial be considered?
British Columbia, Canada
What is the test for excluding "prejudicial" evidence at trial?
California, United States of America
What is the effect of a construction theory approach on a construction contract?
Saskatchewan, Canada
Is there any case law in which a defendant was convicted under both a direct aiding and abetting theory and a natural and probable consequences theory?
California, United States of America
What is the burden of providing an adequate record of error on appeal?
California, United States of America
What is the standard of review for a motion to suppress?
California, United States of America
What is the standard of care expected of a registered nurse of average competence?
British Columbia, Canada
What is the current state of the law on common law lien?
MultiRegion, United States of America
In what circumstances will the court order a division of assets in the absence of an equal division?
British Columbia, Canada
Does reckless driving constitute a criminal offence for purposes of section 1159 of the Penal Code?
California, United States of America
What is the consequence of a person tripping over a low rail?
British Columbia, Canada
What is the test for a motion to overturn an attempted premeditated murder conviction?
California, United States of America
What is the effect of an order of the superior court to appoint a receiver for a property owned by a cross-complainant?
California, United States of America
How much of a nanny's income should be divided between child care and housekeeping?
Ontario, Canada
What is the importance of freedom of speech as a factor for judgment?
Alberta, Canada
What are the costs for a further adjournment in a personal injury case?
Ontario, Canada
How have courts considered the right to discovery in a disciplinary proceeding?
California, United States of America
What is the difference between (1) a breach of contract and (4) actual loss or damage resulting from the attorney's negligence?
California, United States of America
Is there any evidence that out-of-court or in-court identification was unreliable or otherwise inadmissible?
California, United States of America
How have the federal courts interpreted the meaning of the crime of conspiracy?
MultiRegion, United States of America
Does the collateral source rule apply to medical malpractice cases?
California, United States of America
What is the test for contributory negligence in a motor vehicle accident?
California, United States of America
Can a jury award emotional distress damages for a plaintiff who lost her disability benefits because she was unable to work because of the lack of expert testimony?
California, United States of America
What is the burden of proof for a plaintiff who refuses to undergo surgery that has a 70% chance of success?
Yukon, Canada
How to instruct a jury on a special circumstance charge?
California, United States of America
What is the test for a successful appeal against a finding that a mentally disordered sex offender has been found guilty of sexual assault?
California, United States of America
In what circumstances will a jury convict defendants of conspiracy?
MultiRegion, United States of America
What is the current state of the law on firearms possession in drug trafficking cases?
MultiRegion, United States of America
What is the consequence of the destruction of potentially exculpatory evidence in a criminal case?
MultiRegion, United States of America
What is the substantial evidence standard used to review a restraining order?
California, United States of America
What is the test for a firearm possession offence?
California, United States of America
Does the fact that appellant had no knowledge of the prohibition on the possession of an unlicensed firearm constitute a criminal offence?
California, United States of America
What is the test for unjust enrichment for domestic services?
Alberta, Canada
How has the Law Society of BC dealt with allegations of misappropriation of client funds?
British Columbia, Canada
Does the doctrine of qualified immunity apply if reasonable officers would have known they were violating clearly established Constitutional rights?
MultiRegion, United States of America
What is the test for a state habeas petition?
MultiRegion, United States of America
What is the limitation of an employer's right to invoke the statutory affirmative defense in cases that have yet to be filed?
MultiRegion, United States of America
Is defendant represented by a single attorney during the course of his prosecution?
California, United States of America
What is the basis for a pat-search for weapons?
California, United States of America
How have the courts interpreted the Miranda warning?
California, United States of America
What is the state of the law on intoxication in criminal cases?
California, United States of America
What is the test for re-examining the sufficiency of evidence in a sexual assault case?
California, United States of America
Does a juvenile court have the authority to shackle a defendant in a courtroom?
California, United States of America
What is the palpable and overriding error by a judge on appeal against a finding of palpable error?
Nova Scotia, Canada
Is there any case law in favour of an injunction to prevent a company from going into liquidation?
British Columbia, Canada
What is the test for determining whether a Commissioner can be found to have found that a Commissioner has found that the Commissioner has a valid case to answer?
MultiRegion, United States of America
What is the test for a plaintiff's claim that he was improperly transferred to Pelican Bay State Prison?
MultiRegion, United States of America
What is the test for establishing a Page 41 conspiracy?
California, United States of America
What is the test for consent in sexual assault cases?
California, United States of America
What factors will the court consider in a shared parenting case?
British Columbia, Canada
Is there a duty of care for an employer to prevent an employee from accessing a parking lot set aside for employee use?
British Columbia, Canada
Is the invalidity of an arrest warrant invalidated if the arresting officer himself originally had ample probable cause to arrest?
MultiRegion, United States of America
What is the test for determining whether there is substantial evidence supporting a finding in favour of plaintiff Street in his claim for damages?
California, United States of America
Can a manufacturer be held liable for over heating of a ceiling fan?
Alberta, Canada
Does a written agreement as to fees not oust the assessment process of the court?
Ontario, Canada
What is the basis for a motion to admit fresh evidence in an extradition hearing?
Ontario, Canada
What is the test for abuse of judicial review of a trial court's rulings?
California, United States of America
What is the test for overturning a guilty plea in a sexual assault case?
California, United States of America
How have the courts treated the testimony of a witness in a sexual assault case?
California, United States of America
What is the burden on Grappo to prove error and prejudice arising from an error?
California, United States of America
