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 are the conditions of probation for a defendant who has been found guilty of assault?
California, United States of America
Does a judge have authority to charge a fee to cover the administrative cost of collecting a restitution fine?
California, United States of America
How have courts interpreted closing statements by the prosecution in their rebuttal closing?
MultiRegion, United States of America
If a plaintiff is found to have a cause of action in nervous shock, can they continue to pursue their claim for damages for nervous shock?
British Columbia, Canada
Can a defendant waive his right to have his interpreter interpret the entire proceedings verbatim?
California, United States of America
What is the test for determining whether there is sufficient evidence to convict defendant Jesus Lopez of assault with intent to pervert the course of justice?
California, United States of America
What evidence exists that a showing of probable cause to search was not made out on the face of this affidavit?
"New York", United States of America
Does a judge have to determine the nature or basis of a prior qualifying conviction?
California, United States of America
Can a statutory building scheme be modified or removed from a property?
British Columbia, Canada
Is provocation sufficient to reduce the murder from first degree to second degree?
California, United States of America
What is the test for dismissing a complaint-in-intervention?
California, United States of America
What is the test for setting aside a judgment?
Saskatchewan, Canada
How have the courts in BC considered the nature of an operating line of credit under which the petitioner bank has issued a demand letter?
British Columbia, Canada
Does a federal officer have the power to refuse to disclose the name of a witness?
California, United States of America
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole?
California, United States of America
What is the effect of negligence in a medical malpractice case?
MultiRegion, United States of America
What is the test for joint guardianship and sole custody?
British Columbia, Canada
What is the standard of review for findings of mixed fact and law?
Ontario, Canada
What is the relevant evidence test in a personal injury action?
California, United States of America
What is the state of the law on the credibility of witnesses in criminal cases?
California, United States of America
Can a plaintiff obtain attorneys' fees under a fee-shifting statute if the underlying claim was dismissed for lack of subject matter jurisdiction?
MultiRegion, United States of America
What is the effect of a finding that a trustee acted reasonably and in good faith in litigation with a beneficiary?
California, United States of America
Does a folding knife with a fixed blade of two and one-half to three inches in length constitute a dirk or dagger?
California, United States of America
Can someone who is not a personal representative commence or defend proceedings on behalf of an estate?
British Columbia, Canada
What is the effect of rehabilitation in criminal law in Canada?
Ontario, Canada
How have courts interpreted exceptions to a general prohibition on same-sex marriage?
MultiRegion, United States of America
How does the Court of Appeal interpret a finding that appellant is a vexatious litigant?
California, United States of America
In what circumstances have defense counsel for defendant Salas been able to cross-examine the evidence of additional instances of cooperation in criminal activity?
California, United States of America
What is the legal test used to determine whether a Native Alaskan has the right to claim title to a traditional property?
MultiRegion, United States of America
What is the objective test for establishing that a party's conduct in litigating a suit was without foundation?
California, United States of America
What is the test for an action brought against respondent in an insurance case?
California, United States of America
How have courts treated a defendant's argument that the parties intended to make a severable contract with four promissory notes?
California, United States of America
Can a defendant be found guilty of as an aider and abettor of an attempted murder?
California, United States of America
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court?
California, United States of America
What is the test for setting aside a finding of no intentional discrimination in a Title VII action?
MultiRegion, United States of America
Is Statement Two of the Defendant's Statement Two an abuse of evidence?
California, United States of America
What is the constitutional basis for a defendant's claim that a unanimous verdict is necessary in a civil case?
California, United States of America
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs?
British Columbia, Canada
Can a plaintiff refer to a prior pleading in order to make her amended complaint complete?
MultiRegion, United States of America
Does the Attorney General's refusal to produce documents in obedience to subpoena duces tecum violate section 15 of the Bill of Rights?
California, United States of America
What is the appropriate sanction of dismissal with prejudice under section 3161(h)(1)(F) of the Ontario Criminal Code?
MultiRegion, United States of America
What is the test for establishing sufficient evidence to convict a defendant on appeal?
California, United States of America
Is a final agreement between the spouses binding on the terms of spousal support?
British Columbia, Canada
Does the Heck rule apply to an amended criminal complaint?
MultiRegion, United States of America
In a personal injury action, can a treating physician be subpoenaed?
California, United States of America
Does a failure of a plaintiff (the assured) to examine the policy policy when received by the agent (the insured) prevent recovery from the agent?
Alberta, Canada
What is the test for establishing that registered ownership reflects the actual ownership of a property?
British Columbia, Canada
What is the test for determining spousal support under s. 15.2(6) of the Divorce Act?
British Columbia, Canada
What is the statute of limitation for conspiracy to receive and conceal Exhibit 3?
California, United States of America
What is the current state of the Charter of Canada and how is it interpreted by the courts?
British Columbia, Canada
Can a juror be discharged under section 1089 of the Penal Code for refusing to deliberate?
California, United States of America
What is the effect of ss. 25(1), (2), (4), (5) and (6) in the calculation of damages for a plaintiff's estimated amount of benefits?
British Columbia, Canada
What is the test for showing affection between a parent and child?
Ontario, Canada
What is the test for determining whether a violation of a statutory requirement is justified or justifiable?
California, United States of America
Is defendant as an aider and abettor a participant in the offense under section 288a, subdivision (c) of the California Penal Code?
California, United States of America
Does a failure to instruct a jury to convict a defendant of simple assault and battery constitute harmless error?
California, United States of America
What is the scope of the Sixth Amendment right to counsel?
MultiRegion, United States of America
Does a finding of false arrest and malicious prosecution have to overcome the presumption of probable cause in a criminal case?
MultiRegion, United States of America
What is the test for a search or seizure under the Fourth Amendment?
California, United States of America
What is the test for harassment in Canadian law?
Ontario, Canada
What is the state of the law in relation to sexual assault cases?
MultiRegion, United States of America
Does a premature notice of appeal need to be filed immediately after the rendition of judgment?
California, United States of America
What is the standard of damages for pain and suffering in a motor vehicle accident?
British Columbia, Canada
What are the elements of the possession of a controlled substance under the California Controlled Substitute Act?
California, United States of America
What is the effect of a modification to a jury's instructions on voluntary manslaughter?
California, United States of America
How have courts interpreted the doctrine of ambiguity in the context of a personal injury claim?
California, United States of America
What is a fundamental requirement of due process in civil law?
California, United States of America
Is a search of a houseboat conducted without a search warrant illegal?
MultiRegion, United States of America
Can a mortgagee add fees, charges and costs to the redemption amount of a mortgage?
British Columbia, Canada
Does a statement by one party that there is an inability to communicate with the other party preclude a joint custody order?
Ontario, Canada
What is the test for a motion alleging that a defendant is being held in solitary confinement while on remand pending trial?
MultiRegion, United States of America
What is the standard of review in maintenance cases?
British Columbia, Canada
What is the test for imposing discovery sanctions on a party in a personal injury action?
California, United States of America
Does the SBI policy manual provide an adequate substitute for a hearing in which an inmate is allowed to present witness and documentary evidence?
California, United States of America
How have the courts interpreted the plain language of Section 851(a)(2) of the California Criminal Code and what are the implications?
MultiRegion, United States of America
What is the current state of the law on disclosure in medical malpractice cases?
Ontario, Canada
Is a judge required to advise a defendant of his statutory right to a jury trial?
California, United States of America
How is section 18 of the Family Child Support Guidelines interpreted?
British Columbia, Canada
What is the test for knowledge and control of possession in a search warrant entry situation?
Ontario, Canada
Does the imposition of a single budget after three years of segregated budgets result in unfairness?
British Columbia, Canada
What is the test for a court to order reunification therapy?
Ontario, Canada
What is the legal test for establishing probable cause in a search warrant application based on unverified information from an untested or unreliable informant?
California, United States of America
Is it particularly difficult to prevail on a claim of ineffective assistance on appeal?
California, United States of America
What is the test for dismissing an abuse of process application?
Ontario, Canada
What is the test for a search warrant to search a container of marijuana seized by a police officer?
MultiRegion, United States of America
What is the test for naming a successful defendant in a personal injury action?
British Columbia, Canada
What is the test for blood samples of a person arrested for driving under the influence of drugs?
California, United States of America
What is the defence relying on in the context of sexual assault cases?
Ontario, Canada
What is the test for determining whether multiple counts of sexual assault constitute a continuous offense?
MultiRegion, United States of America
Under what circumstances can a defendant obtain relief from the Court of Appeal?
California, United States of America
Can a plaintiff who is ignorant of the identity of a defendant file a complaint before the statute of limitations has expired?
California, United States of America
How have courts interpreted section 150 of the California Code of Civil Procedure on the basis that a permit is not 'lawfully granted' until all administrative action with respect to the application has been completed?
California, United States of America
What is the test for a reversal of a finding of guilty in a sexual assault case?
California, United States of America
In a long-term marriage, can a husband appeal a decision of the trial judge who dismissed his spousal support claim on the basis that he had not established any need?
British Columbia, Canada
Does a trial court have a sua sponte duty to instruct regarding the defense?
California, United States of America
What is the evidentiary burden on those attacking a will?
Alberta, Canada
How have severance pay been treated in the context of determining child support?
Nova Scotia, Canada
What are the deadlines for parties to make costs submissions in a personal injury action?
Ontario, Canada
What is the test for a cross-appeal from an order denying a motion for a new trial?
California, United States of America
What is the state of the law on "gross personal indignity" in medical malpractice cases?
MultiRegion, United States of America
What is the test for establishing that the Fly Boys were a criminal street gang?
California, United States of America
What are the implications of a bank's failure to report a forged or altered check?
California, United States of America
Does a defendant have a constitutional right to a unanimous jury verdict?
California, United States of America
How have courts in England and Wales applied foreseeability of shock as a test in awarding damages for nervous shock?
Saskatchewan, Canada
What is the joint and several approach to injuries?
British Columbia, Canada
What is the test for a court to consider good faith and the best interests of the child in the context of s. 46(2)(a) of the Family Law Act?
British Columbia, Canada
In what circumstances will counsel counsel raise the issue of race discrimination against a prosecutor in a civil case?
California, United States of America
What is the standard of review in a second level appeal?
Newfoundland and Labrador, Canada
Can a witness give an opinion on a defendant's guilt?
California, United States of America
What is the test for reasonable doubt in a sexual assault case?
California, United States of America
What is the law of damages for non-pecuniary loss?
British Columbia, Canada
What is the test for valuing assets that are expected to appreciate?
Nova Scotia, Canada
What is the effect of redactions to statements by the police officer who gave evidence to a jury in a civil case?
California, United States of America
Does a search warrant need to be issued to search a car and a purse?
California, United States of America
What is the current state of the law on sex offender classification?
MultiRegion, United States of America
What is the test for exclusionary rule in the context of search and seizure?
California, United States of America
Does the Double Jeopardy Clause prohibit the government from punishing or seeking to punish the same person for the same offense?
MultiRegion, United States of America
What is the test for making an application to set aside a final judgment?
Ontario, Canada
What is the definition of "due diligence" in the context of a search for a witness?
California, United States of America
What is the test for a jury to convict defendant of attempted murder?
California, United States of America
Does section 17 of the Ontario Health and Social Care Act have any constitutional meaning?
MultiRegion, United States of America
What is the scope of a probation search?
California, United States of America
Is a probation term invalid if it requires or prohibits conduct which is not itself criminal?
California, United States of America
Does a finding that a defendant committed the same crime pursuant to separate intents constitute sufficient grounds for a separate sentence?
California, United States of America
Can a defendant appeal from a final judgment of conviction?
California, United States of America
What is the proper conduct of counsel in cross-examination?
British Columbia, Canada
How have courts dealt with an anti-SLAPP motion brought by lawyers named in a malicious prosecution action?
California, United States of America
What is the test to determine whether a member of a class can opt out of Rule 23?
MultiRegion, United States of America
What is the test for determining whether a punishment is cruel and unusual?
California, United States of America
Can a defendant appeal an instruction in which the term "conspire" or "conspiracy" was not defined?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence and to special circumstance allegations?
California, United States of America
Is a motor vehicle the dominant feature of the claim?
Ontario, Canada
How have the courts dealt with a motion to appeal against a finding that defendant has failed to file a supplemental brief on appeal?
California, United States of America
How has the defense sought to exclude Hispanics from the jury in a civil case?
California, United States of America
What is the current state of the law on remedial constructive trust?
Ontario, Canada
In what circumstances have courts granted termination or modification of a final order of protection?
"New York", United States of America
Does a federal district court have the authority to dismiss a motion under Rule 12(b-1)?
MultiRegion, United States of America
What is the test for determining whether a murder is premeditated or unpremeditated?
California, United States of America
What is the impact of exclusion of evidence obtained from an unconstitutional search?
Ontario, Canada
What is the test for an instruction on defense of habitation?
California, United States of America
Can a search warrant be used to seize a stolen vehicle because of the serious problem of trafficking in stolen vehicles?
California, United States of America
What is the test to overcome a state procedural bar on a habeas petition?
MultiRegion, United States of America
Does a defendant have a right to be personally present in chambers or at bench discussions that occur outside of the jury's presence?
California, United States of America
Is the prosecution required to prove Page 17 of the Penal Code that a defendant fled the scene of the crime because of fear of prosecution?
California, United States of America
What is the effect of prejudicial evidence on a jury's consideration of a defendant's motive?
California, United States of America
What is a preliminary hearing for a defendant arrested and arraigned on a felony complaint?
California, United States of America
Is constructive possession of personal records valid for purposes of asserting Fifth Amendment privilege?
MultiRegion, United States of America
How has the firefighter's rule been interpreted in the context of a personal injury claim?
California, United States of America
What is the test for providing a jury with a definition of a common law term?
California, United States of America
What is the test for admitting evidence under section 24(2) of the Criminal Code?
Ontario, Canada
Is there any genuine dispute of material fact in the record?
MultiRegion, United States of America
What is the test for a murder charge?
California, United States of America
What is the test for making a testimonial out-of-court statement?
California, United States of America
What is the burden of proof at the penalty phase?
California, United States of America
What is the effect of a finding of no good cause for defendant's absence from an evidentiary hearing?
California, United States of America
What is the test for foreseeability of a driver who grabs the steering wheel and drives into a ditch?
Ontario, Canada
What would constitute reasonable efforts in a motor vehicle accident?
British Columbia, Canada
What is the test for sufficiency of evidence to support a conviction under section 240 of the California Criminal Code?
California, United States of America
How has the BCSC interpreted the hearsay rule?
British Columbia, Canada
Is a refusal to give entrapment instructions for abuse of discretion a re-examining?
MultiRegion, United States of America
What is the effect of s. 34(4)(c) of the Criminal Code on a defendant's opportunity and ability to meet the charge?
Ontario, Canada
What is the test for determining whether a victim/witness in a murder case was a victim of retaliation for their testimony?
California, United States of America
Does Section 352 of the California Evidence Code restrict a defendant's right to cross-examination?
California, United States of America
What is the test for determining whether a client has waived privilege?
Ontario, Canada
Can a person who has been in a marriage-like relationship for two years seek relief under Part 5 of the Family Law Act?
British Columbia, Canada
How is loss of future earnings calculated in a personal injury case?
British Columbia, Canada
What is the test for abuse of the bankruptcy court?
federal, United States of America
What is the current state of the law on dealing with drugs within 1,000 feet of a public or private elementary or secondary school?
California, United States of America
What constitutes the crime of resisting an officer?
California, United States of America
What is the test for a Rule 50 motion de novo?
MultiRegion, United States of America
What is the effect of the roadside driving prohibition scheme and its related review provisions?
British Columbia, Canada
Is there a controversy when all named plaintiffs in a proposed class action have settled, withdrawn or dismissed prior to class certification?
MultiRegion, United States of America
What is the balance of convenience of a motion for a stay of a considered decision?
British Columbia, Canada
What is the test for an intelligent waiver of constitutional rights?
California, United States of America
Does a violation of probation automatically lead to imprisonment or revocation of probation?
California, United States of America
Can a search warrant be used to search a car that has been stopped and searched by agents?
MultiRegion, United States of America
Is Sidman entitled to a full review of the evidence against him?
MultiRegion, United States of America
How have courts dealt with issues arising under section 75 of the Laws of 1806?
"New York", United States of America
How does the Court assess the sufficiency of evidence in a sexual assault case?
California, United States of America
Is there any case law where a defendant unambiguously waived his rights under Miranda?
California, United States of America
What is the test for restitution in a sexual assault case?
California, United States of America
Is possession of a loaded firearm a felony under section 12031 of the California Criminal Code?
California, United States of America
Can an employment contract be terminated within two days of its start?
British Columbia, Canada
What is the test for abuse of a district court's decision not to review the merits of a claim?
MultiRegion, United States of America
What constitutes substantial emotional distress under section 527.6 of the California Civil Code?
California, United States of America
What is the essential inquiry in a medical malpractice case?
British Columbia, Canada
Can a predecessor attorney bring an indemnification claim against a successor attorney?
California, United States of America
Is a sudden quarrel or heat of passion a crime?
California, United States of America
What is the test for determining whether defendant was the person identified in "Exhibit 25"?
California, United States of America
What is the test for an implied warranty in the sale of a horse?
Saskatchewan, Canada
What is the test for an extension to the appeal period?
Newfoundland and Labrador, Canada
Is an employee’s duty not to compete during the notice period inconsistent with the law concerning fiduciary duties?
Alberta, Canada
What is the determinative issue on this application?
Canada (Federal), Canada
Is it unfair to cross-examine on undisclosed documents?
Ontario, Canada
What is the test for a jury to find a defendant guilty of assault?
California, United States of America
What is the burden of proving that the evidence is insufficient to sustain convictions on counts 3 and 4?
California, United States of America
What is the test for determining whether substantial evidence exists?
California, United States of America
What is the test for imposing sanctions on discovery abuse?
California, United States of America
In what circumstances will a constable compel a person to attend a meeting at Union Hall?
Saskatchewan, Canada
What constitutes a first degree murder?
California, United States of America
