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.
Is there a substantial likelihood of misidentification based on the evidence that defendant's fingerprints were found on the driver's side door of the victim's car?
California, United States of America
Does a state law action that is not related to a collective bargaining agreement have to be preemption?
MultiRegion, United States of America
How have the courts treated allegations of arbitrariness or bad faith against the Fire Department of New York?
"New York", United States of America
When will the City rely on the legislative history of the Amendment to add to its tax code?
MultiRegion, United States of America
What is the test for establishing that a party has been deliberately prevented from presenting their case at a hearing?
California, United States of America
Is Severance an ordinary and everyday part of constitutional adjudication?
British Columbia, Canada
What is the test for a finding of admissibility of evidence of a prior uncharged crime?
California, United States of America
What is the test for obtaining a search warrant for clothing seized from a defendant in a bank robbery?
MultiRegion, United States of America
How do we review a federal court's formulation of jury instructions for abuse of discretion?
MultiRegion, United States of America
What is the test for imposing a sentence that is grossly disproportionate to the severity of the crime?
California, United States of America
Can an application to dismiss be brought at any stage of a civil proceeding?
British Columbia, Canada
What evidence supports a finding of aggravating circumstances in an assault case brought by the Defendant against his ex-wife?
"New York", United States of America
Can a plaintiff bring a claim for violation of the Eighth Amendment?
MultiRegion, United States of America
What is the evidence of the amount of litigation costs in a personal injury action?
California, United States of America
What is the test for making a claim that a sentence is unauthorized on appeal?
California, United States of America
What is the current state of the law on appeal and judicial review?
Ontario, Canada
Can a landowner be held liable for failure to maintain a fence around a house?
California, United States of America
What is the legal test for deliberate by-passing in a pro se motion?
MultiRegion, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for determining whether a payor’s income tax return “fairly reflects all all the money available to the parent or spouse for the payment of child support”?
Ontario, Canada
What is the test for establishing a “net worth” for income tax purposes?
Alberta, Canada
Is there any harm arising from the prosecutor's argument that the admonition to follow the court's instructions was insufficient?
California, United States of America
Is there any privity between a bank and the maker of a banknote?
Ontario, Canada
Does privilege apply to attorney communications?
California, United States of America
What is the effect of gifts of exempt property to spouses?
Alberta, Canada
Is there any need to restate or amend the words "subjectively" or "objectively" in the instructions in CALCRIM No. 520?
California, United States of America
Does the "last overt act" rule apply to civil wrongs?
California, United States of America
Does a defendant have forfeited any right to challenge the instruction of a jury?
California, United States of America
Is a prosecutor entitled to remind the jury of the fact that a witness has been convicted of perjury?
MultiRegion, United States of America
What is the difference between a state and a judicially-crafted search rule?
MultiRegion, United States of America
Is Defendant's appointed counsel permitted a supplemental brief in which he asked this court to conduct an independent review of the record pursuant to People v Wende?
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
Are there any cases where a defendant has been found guilty of a similar offence against a different defendant?
California, United States of America
What is the test for determining whether a prosecutor's reasons are genuine?
California, United States of America
In what circumstances will summary trial be used in real estate cases?
British Columbia, Canada
What is the test for abuse of mental health?
MultiRegion, United States of America
What is the current state of the law in relation to the termination of a Government employee?
MultiRegion, United States of America
Is there any case law in which a conviction for assault has been overturned on the grounds that there is no case law error?
California, United States of America
Is a criminal defendant entitled to the assistance of counsel?
California, United States of America
In what circumstances will the state be found liable for misrepresentation by the state?
California, United States of America
What is the test for determining a person's eligibility for marriage?
California, United States of America
Is an order granting or denying an attorney disqualification motion also appealable?
California, United States of America
What is the legal test for producing documents in the hands of a third party?
British Columbia, Canada
Can a witness refuse to answer questions at a grand jury?
MultiRegion, United States of America
Does the Federal Trade Association waiver of sovereign immunity apply to a plaintiff in a motor vehicle accident?
MultiRegion, United States of America
What role does the Commissioner of Justice play in making a determination in determining a plaintiff's fee?
MultiRegion, United States of America
What is the duty of the courts to review the facts of each case?
MultiRegion, United States of America
What is the test for establishing that a state court is bound by its own law?
MultiRegion, United States of America
Is there any evidence that there was a collision between defendant and plaintiff?
California, United States of America
Is a defendant permitted to wear street clothes that do not carry the stigma of a prison uniform?
California, United States of America
What is the burden of proving that Defendant was guilty under the intangible rights theory?
MultiRegion, United States of America
What is the test for setting aside a judgment of conviction of aiding and abetting first degree felony murder?
California, United States of America
What is the test for general damages in a libel action?
Ontario, Canada
Is there any case law where a judge placed a witness on the stand in the context that the evidence strongly favors the prosecution's case?
California, United States of America
What is the test for making a restitution order against a defendant who has been found not guilty of a crime of which he was acquitted?
California, United States of America
In a high-speed police pursuit, can the driver of the vehicle be held liable for reckless driving under the Highway Traffic Safety Act?
California, United States of America
Does section 215 of the California Code of Criminal Procedure require that the victim was not present at the time of the robbery?
California, United States of America
What is the test for reasonableness in the review process?
Canada (Federal), Canada
What is the test for determining whether the police could have done more in the circumstances?
Ontario, Canada
What is the test for costs in a personal injury action?
Ontario, Canada
What disposition should be made of the appeal against the conviction on count 3?
British Columbia, Canada
Can a private school expense be disallowed?
Ontario, Canada
Is there double jeopardy in a motion where evidence was erroneously admitted at trial?
California, United States of America
What is the test for making a preliminary showing in support of an arrest warrant?
MultiRegion, United States of America
Is a debt collector liable for a violation of the Fair Debt Collection Practices Act?
MultiRegion, United States of America
Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
When a statute is penal, when the penalty is limited, what is the test for this type of construction?
California, United States of America
What are the consequences of the cumulative effect of a series of errors in a jury trial?
California, United States of America
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public?
Canada (Federal), Canada
What is the basis for an independent review of an application for a certificate of probable cause?
California, United States of America
Is a plaintiff entitled to pursue an appeal of a judgment as well as a motion to set aside the judgment at the same time?
Ontario, Canada
What is the legal test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Does a plaintiff have a right to seek attorneys' fees in a class action?
California, United States of America
What is the test for determining whether a debt was matrimonial or family debt?
Newfoundland and Labrador, Canada
What is the test for "abuse of discretion" in a civil case?
California, United States of America
What is the jurisdictional argument in favour of a motion to vary or overturn an order requiring a change of an order?
Ontario, Canada
What are the options available to an insured who is injured by an uninsured tort feasor in a motor vehicle accident?
Ontario, Canada
Does the CFSA s. 50 exception to hearsay rule?
Ontario, Canada
What is the test for obtaining security for costs in a personal injury action?
Manitoba, Canada
Does a translator have to be admitted as a witness under the hearsay rule?
California, United States of America
In what circumstances will the trial court instruct on lesser included offenses in a case where a police officer was killed during a pursuit by a robber?
California, United States of America
What is the test for personal injury in a motor vehicle accident?
California, United States of America
What is the test for "touching breasts for the purpose of sexual arousal, sexual gratification or sexual abuse"?
California, United States of America
Does appellant have a right to exclude a confession from the record?
California, United States of America
What is the test for determining whether a defendant owes a plaintiff a duty of care?
California, United States of America
Is a conviction under Penal Code section 209 improper if there was a kidnapping for the purpose of robbery prior to the rape of the victim?
California, United States of America
What is the test of abuse of discretion on appeal?
California, United States of America
What is the burden of proving that a party to a Title VII retaliation claim is discriminatory?
MultiRegion, United States of America
What is the current state of the law on the right of an inmate to present evidence at a disciplinary hearing?
MultiRegion, United States of America
What is the test for dismissing a Three Strikes Order?
California, United States of America
What is the effect of a stay of proceedings?
Canada (Federal), Canada
Does an RICO indictment that fails to allege that a forged document is a crime?
MultiRegion, United States of America
What are the consequences of pleading no contest to a charge of theft?
California, United States of America
What are the costs of a summary judgment motion?
Ontario, Canada
What is the test for express malice in a murder case?
California, United States of America
Can an employee sue the California Board of Representatives for failing to provide written notice of an action in breach of the Brown Act?
California, United States of America
When will a judge grant jurisdiction by stipulation?
California, United States of America
Can a judge be found to have prejudicial effect on a trial?
MultiRegion, United States of America
What is the effect of using hostile and intemperate language in the context of discrimination?
Newfoundland and Labrador, Canada
What is the effect of a search of a car on remand?
California, United States of America
Is aiding and abetting a specific intent crime?
MultiRegion, United States of America
Is a judge's failure to grant a peremptory challenge a structural error?
California, United States of America
What is the standard of review applied to a lesser included offence?
California, United States of America
What is the test for appealability in a writ of habeas corpus case?
MultiRegion, United States of America
Can a plaintiff bring a civil rights action to challenge a conviction or sentence that has been found to be wrongful?
MultiRegion, United States of America
What is the legal test for sufficiency of evidence in a sexual assault case?
California, United States of America
What is the current state of the law on supervised release for a convicted sex offender?
MultiRegion, United States of America
What is the difference between parole revocation proceedings and probation revocation proceedings?
California, United States of America
Can an auctioneer be sued for breach of contract if he is acting for an undisclosed vendor?
Alberta, Canada
Does a cause of action for malicious prosecution arise prior to termination of the entire action?
California, United States of America
What is the legal test for establishing that a party is not a director of a closely-held corporation?
British Columbia, Canada
In what circumstances can a court dismiss an action?
MultiRegion, United States of America
Is evidence that a defendant committed crimes other than those for which he is on trial admissible?
California, United States of America
Does a minor have a right to remain silent during an interrogation?
California, 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
In what circumstances will a court order a party to pay solicitor/client costs to the successful in a challenge?
Alberta, Canada
What is the test for identifying a DNA match between a suspect's DNA and the crime scene evidence?
California, United States of America
Is there an issue respecting the actions of the tenant in 2010 once she was aware of a default judgment?
British Columbia, Canada
What is the test for a jury to agree on a theory of first degree murder?
California, United States of America
What is the in camera procedure for in-camera testimony in a civil case?
MultiRegion, United States of America
In what circumstances will a husband be able to provide a substantial amount of cash to his wife pursuant to a restraining order?
Ontario, Canada
What is the test for second degree murder?
California, United States of America
In what circumstances will a piece of fittings become part of the land?
Saskatchewan, Canada
In what circumstances will a court admit that two documents sworn and filed in connection with an application for a protection order contain allegations that the complainant may have been influenced by their mother?
British Columbia, Canada
How has the Court interpreted the intention of the recipient of alimony to dispose of the amounts at issue?
Canada (Federal), Canada
What are the implications of the Due Process Clause in the context of sexual assault cases?
MultiRegion, United States of America
Does the ex post facto clause in the Criminal Code apply to ex-felons?
MultiRegion, United States of America
Can a court, rather than a jury, determine the appropriate remedy for a motor vehicle accident?
California, United States of America
Does the limitation period apply to a Charter claim?
Manitoba, Canada
What is the burden of proving that the trial court did not abuse its position in awarding sole legal and physical custody and denying defendant visitation?
California, United States of America
If a state law claim is successful, what is the impact of the collective bargaining agreement on employee privacy rights?
MultiRegion, United States of America
What constitutes a reasonable step to notify users of a premises of exclusion clause?
British Columbia, Canada
Is a prosecutor permitted to tell a jury defense counsel's job is to create men, "put up smoke, red herrings", and "create men" in an attack on the integrity of opposing counsel?
California, United States of America
What is the scope of review provisions in a support order?
British Columbia, Canada
How have courts interpreted section 1203(e)(3) of the Criminal Code when determining whether a defendant is presumptively ineligible for probation?
California, United States of America
What is the result of a jury's finding that the appellants suffered suffering as a result of the Defendant's negligence?
MultiRegion, United States of America
What is the test for determining whether a defendant would pose an unreasonable risk to public safety?
California, United States of America
What is the test for appealing an administrative finding in a civil case?
California, United States of America
What is the test for establishing a driving under the influence conviction?
California, United States of America
What is the burden of proof in an action to collect tax?
MultiRegion, United States of America
Can a vendor be held liable for misrepresentation in a real estate transaction?
British Columbia, Canada
What is the impact of the doctrine of last clear chance?
British Columbia, Canada
What is the current state of the law on joint assets?
Ontario, Canada
Are defendants entitled to qualified immunity for failing to provide fair notice of Section 240.30(1) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Does the Court have jurisdiction to grant specific performance?
Alberta, Canada
What is the test for a conspiracy to violate a person's constitutional rights?
MultiRegion, United States of America
Can a same-sex domestic partner jointly adopt a child with the child's natural parent?
California, United States of America
Does a plaintiff have to pay the deductible for personal injury claims?
British Columbia, Canada
What is the effect of a judge's will-o-the-wisp approach to jury selection in a sexual assault trial?
California, United States of America
What authority does a court have to correct a clerical error in a judgment?
MultiRegion, United States of America
What is the effect of losing one of eighteen visitor parking spaces in a lot strata project?
British Columbia, Canada
What is the test for assessing bad faith in police misconduct?
California, United States of America
What is the test for admissible evidence in a civil case where a witness has given an inconsistent statement?
California, United States of America
What is the test for admitting evidence of hearsay in a criminal case?
California, United States of America
Can a teacher be dismissed for unprofessional conduct?
California, United States of America
Is probable cause for arrest based on information provided by a single informer?
California, United States of America
Is a defendant's expressed intention to escape or engage in nonconforming conduct during trial a factor in determining whether there is a manifest need for shackles?
California, United States of America
What is the test for a conspiracy to commit a criminal conspiracy?
MultiRegion, United States of America
What is the standard for the use of the preponderance of the evidence standard in a civil case where a police officer's testimony is hearsay?
MultiRegion, United States of America
What is the standard for determining whether a person can be found to have committed acts of cruelty against another person?
Saskatchewan, Canada
Is there a "shield of immunity" in the context of a search or seizure pursuant to a warrant?
MultiRegion, United States of America
Is there any case involving the Fifth Amendment involving the Fourth Amendment?
MultiRegion, United States of America
What is the appropriate notice period?
British Columbia, Canada
What is the difference between a factual finding and a legal conclusion regarding the sufficiency of the evidence?
California, United States of America
What is the purpose of a Mareva injunction?
Ontario, Canada
Does the prosecution need to rely on expert testimony in the penalty phase of a murder trial?
California, United States of America
Does a defendant have the right to defend herself in a civil proceeding without the assistance of counsel?
MultiRegion, United States of America
Can an appellant invoke the fact that income tax was deducted at the source to avoid the penalty imposed under subsection 163(1) of the Income Tax Act?
Canada (Federal), Canada
When will a court order a reduction in the sentence of an appellant convicted of attempted robbery?
California, United States of America
Is it misconduct for a prosecutor to ask for comments on the veracity of witnesses or the guilt of a defendant?
MultiRegion, United States of America
How much deference should the Court give to the decisions of a specialized administrative tribunal?
Manitoba, Canada
Is a motion for dismissal without leave to amend appropriate?
MultiRegion, United States of America
In what circumstances will the Supreme Court dismiss a motion to appoint counsel in a personal injury case where there is no prior decree in effect and there are no allegations of noncompliance?
MultiRegion, United States of America
What is the test for making excessive or excessive use of words in a statute?
California, United States of America
What is the test for discretionary registration for abuse of discretion?
California, United States of America
What is the test for determining whether a defendant has a mental state in the context of a crime?
California, United States of America
Is a court's control over the manner of questioning at trial reviewed for abuse of discretion?
MultiRegion, United States of America
What is the nature of the relationship between the parties in determining whether a fiduciary duty exists?
Ontario, Canada
What is the test for demonstrating a violation of the Sixth Amendment by denying a motion to continue?
MultiRegion, United States of America
What is the test for a plaintiff to request a voluntary assistance counsel in a personal injury case?
MultiRegion, United States of America
What is the test for imposing an indefinite suspension before the indefinite suspension for a defined time?
Ontario, Canada
What is the legal test for false imprisonment?
Ontario, Canada
What factors will be considered in exercising the right to receive fresh evidence at trial?
Ontario, Canada
What is the test for having standing to exclude or exclude evidence that may have been obtained in violation of the fourth amendment?
MultiRegion, United States of America
Is a plaintiff entitled to an attorney's fee in a civil rights case?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What are the consequences of a jury finding a defendant guilty of a robbery and a burglary under the Criminal Code?
California, United States of America
What is the test for a province to continue to have its own administrative structure?
Manitoba, Canada
What is the test for calculating past loss of earning capacity?
British Columbia, Canada
In what circumstances will a judge order a final custody order in favour of the father in the absence of one-sided evidence?
Ontario, Canada
Is there any case law where defense counsel's time records have been deemed inadequate or unprofessional?
California, United States of America
What is the test for appealability of a final order in a habeas proceeding?
MultiRegion, United States of America
Does the federal estate tax need to be enforced by the states?
California, United States of America
What is the test for striking a strike on a conviction for violent crime?
California, United States of America
What is the scope of the court's authority under s. 94 of the BC S. 94(1) of the Motor Vehicles Act?
British Columbia, Canada
What is the test for determining whether a jury's verdict was contrary to the evidence in a sexual assault case?
California, United States of America
Can a defendant be granted qualified immunity under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
Does the trial court have a duty to instruct on its own motion to convict a defendant of an attempted criminal threat?
California, United States of America
What is the test for probable cause seizures under the Fourth Amendment?
California, United States of America
Does a bankruptcy judge have a duty to discharge a debt that is nondischargeable for gross abuse of discretion?
MultiRegion, United States of America
