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 defendant to prove that they were entrapped into committing the crime?
California, United States of America
What is the test for making an "all in" offer under Rule 37 of the Rules?
British Columbia, Canada
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code?
California, United States of America
What is the test for credibility of a witness testimony?
British Columbia, Canada
What is the impact of having a father who has not seen his children for almost nine months on their access schedule?
Saskatchewan, Canada
Is there any case management judge who has jurisdiction to order that an expert who did not give an affidavit be examined?
Alberta, Canada
What is the priority of an insurer in determining which insurer has priority?
California, United States of America
What is the burden of proof for a motion where the claim is not proven?
California, United States of America
In what circumstances will a Minister of Employment and Immigration be allowed to bring an application for an indefinite stay in the United States without fear of persecution?
Canada (Federal), Canada
What are the factors used to determine whether a defendant may not have been convicted of violations of section 245(a)(1) of the Penal Code during the course of an assault?
California, United States of America
In what circumstances will the court apply the rule of common law to public highways?
MultiRegion, United States of America
What is the test for using badges of fraud as evidence of fraud?
Alberta, Canada
In what circumstances will a lender be able to obtain summary judgment in a claim that its agents were involved in a fraud?
Alberta, Canada
How have courts interpreted "premeditation and deliberation" in a murder case?
California, United States of America
What is the evidence sufficient to sustain a conviction for possession of cocaine with intent to distribute?
MultiRegion, United States of America
How does a motion to dismiss for failure to state a claim survive?
MultiRegion, United States of America
Is there an exception to liability for allowing water from melting snow on a roof to run across a sidewalk?
Nova Scotia, Canada
Does the Court have to instruct the jury on the elements of force and fear?
California, United States of America
What is the impact of the fact that a child attends French-language primary school?
Ontario, Canada
When a judge is challenged on a motion to disqualify him from the bench, what is the test for disqualification?
California, United States of America
Does the consensual exception apply to a right of way grant?
MultiRegion, United States of America
Is a retroactive award for damages retroactively ordered?
British Columbia, Canada
How have courts interpreted the theory of imperfect self-defense in a voluntary manslaughter instruction?
California, United States of America
What is our review of sentencing decisions for procedural and substantive reasonableness?
MultiRegion, United States of America
Can an inalienable estate be created without any gift over?
Saskatchewan, Canada
Is a City employee eligible for service-connected disability benefits?
California, United States of America
What is the test for making a payment involuntary?
British Columbia, Canada
Does an umbrella policy need to prorate or otherwise contribute concurrently with a primary policy?
California, United States of America
What is the test for showing prejudice in a motion where the appellant only speculates how a different defense could have been presented?
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
What are the consequences of a fiduciary's actions in a personal injury action against a beneficiary?
British Columbia, Canada
Is a defendant guilty at most of the lesser crimes in a murder case where the trial court failed to instruct on the lessers to robbery?
California, United States of America
What is the test for striking and dismissing class allegations?
California, United States of America
What is the test for a custody award in a custody matter?
Manitoba, Canada
Does an appellant have a duty to provide an adequate record on appeal?
California, United States of America
What are the grounds for appeal against a finding that there is no arguable issue on appeal?
California, United States of America
What is the test for impeaching a witness who has previously admitted that he does not remember the facts of the trial?
California, United States of America
In reviewing a claim that the Miranda rights were violated, how have courts reviewed the evidence in the context of Miranda rights claims?
California, United States of America
What is the test for a knowing assistance claim?
Alberta, Canada
Can a defendant be liable for assisting and abetting in the commission of a crime?
California, United States of America
Is suppression of evidence sufficient to warrant a new trial?
MultiRegion, United States of America
Can a plaintiff's claim be deemed frivolous, groundless or unreasonable?
MultiRegion, United States of America
When there is a difference of one vote between the number of ballots and the total of ballots at a general election, does the court consider that no vote should be discounted as a result?
Ontario, Canada
In what circumstances will a court allow a purchaser to rescind a contract of purchase of a vehicle that is not a 1950 vehicle?
British Columbia, Canada
Does section 209 of the California Criminal Code (proscribing kidnapping for ransom or robbery) rely on section 207 of the Act 207 to provide the definition of kidnapping?
California, United States of America
What is the current state of the law on assistance on appeal?
California, United States of America
In what circumstances will a court grant a motion to terminate child support on the basis that the child is no longer a child of the marriage?
Ontario, Canada
What is the test for appeal from a judgment of conviction for second degree robbery?
California, United States of America
What is the test for establishing a felony murder?
California, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
Is ineffective assistance an ineffective assistance claim?
MultiRegion, United States of America
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility?
British Columbia, Canada
Can a criminal act be considered a "gang enhancement"?
California, United States of America
What is the current state of the law on the Miranda rights of a suspect?
California, United States of America
What is the test for denying an evidentiary hearing for abuse of discretion?
MultiRegion, United States of America
What is the definition of patent unreasonableness under the ATA?
British Columbia, Canada
What has not diminished over the course of a long-term parenting relationship?
New Brunswick, Canada
Does section 1009 of the California Criminal Code protect a defendant's right to due process?
California, United States of America
What is the test for successfully challenging a sealed search warrant?
California, United States of America
What is the test for making a claim for damages against a Zen company?
British Columbia, Canada
Can a prosecutor ask the jury to view the case through the victim's eyes?
California, United States of America
How have evidentiary errors been determined in a civil case?
California, United States of America
What is the test for intentional blindness in criminal law?
MultiRegion, United States of America
What is the current state of the law on substantive due process rights of pretrial detainees?
MultiRegion, United States of America
What is the test for an abuse of sentencing?
California, United States of America
Is King Day's strata parking entitlement formula fair?
British Columbia, Canada
What is divided success in a family court case?
Ontario, Canada
What is the test for making a will in Scotland?
Alberta, Canada
What is the test for determining a successful litigant’s costs?
Ontario, Canada
What are the implications of an individual respondent in a human rights case?
Ontario, Canada
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application?
Nova Scotia, Canada
What is the test for striking out paragraph 18(e) of a pleading?
Ontario, Canada
Can a motion to suppress a statement made by appellant to police be reviewed by the Court of Appeal?
California, United States of America
What is the test for establishing ample need for a medical malpractice case?
"New York", United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
What is the standard of review applicable to discretionary decisions in family law cases?
British Columbia, Canada
Does GLAD have standing to bring a private action under section 504 of the New York State Civil Rights Act?
MultiRegion, United States of America
What is the test for determining whether there is prejudice against a defendant at trial?
California, United States of America
What is the burden of proving that a plaintiff acted unreasonably in her actions?
British Columbia, Canada
What is the specific intent required in a felony murder case?
California, United States of America
What is the test for general damages in a defamation action?
Manitoba, Canada
How has 9-1(6)(c) been interpreted in the context of litigation costs in a personal injury case?
British Columbia, Canada
What is the test for establishing a permanent estrangement under the marital privilege?
MultiRegion, United States of America
What is the impact of a delay in bringing a motion to add parties to the application?
Ontario, Canada
What is the test applied by the courts to review a sexual assault conviction under the Sexual Offences against Children Act?
California, United States of America
Does the statute of limitations for a quiet title action run against one in possession of land?
California, United States of America
Is a defendant in a paternity action entitled to free counsel?
California, United States of America
What is the test for applying the new Law Society Guidelines in a personal injury case?
Ontario, Canada
What is the abuse of the standard in determining prejudice?
California, United States of America
What is the merger principle in law and what is the effect of it?
Ontario, Canada
How have courts dealt with assault and battery cases?
New Brunswick, Canada
What is the test for a jury in a civil case where a police officer deliberately destroyed evidence?
California, United States of America
Can an arbitrator be held liable for failing to render a timely award?
California, United States of America
If a motion to dismiss is successful, can the court exercise its equity powers to vacate the judgment of dismissal?
California, United States of America
What is the effect of a protective order on a defendant's probation terms?
California, United States of America
What obligation does a police force have to respond to a call about a man armed with a gun?
"New York", United States of America
What is the standard of review and approval of a health care benefit claim by a specific insurance carrier?
California, United States of America
What is the test for error in a drug possession charge?
California, United States of America
What is the test for qualified immunity in a civil case?
MultiRegion, United States of America
What is the test for dismissing a motion for a retrial on a charge of sexual assault against an alleged sexual offender?
MultiRegion, United States of America
What is the test for adequacy of jury instructions in a murder case?
California, United States of America
Does the Attorney General have the authority to compel a defendant to raise any complaint below on appeal?
California, United States of America
What is the scope of the alleged duty of disclosure of a property owner?
Ontario, Canada
Is equalization of standards of living a factor when determining maintenance?
British Columbia, Canada
What is the current state of the law in this case?
MultiRegion, United States of America
Is ignorance of the fact that a child has been born a defense?
California, United States of America
What is the legal basis for a conditional plea in a sexual assault case?
California, United States of America
What evidence would be sufficient to prove the premeditation allegation beyond a reasonable doubt?
California, United States of America
Can a motion for leave to amend an amended complaint be denied?
MultiRegion, United States of America
Is there insufficient evidence for a reasonable jury to convict defendant of possession of burglary tools?
California, United States of America
What is the test for determining a remedy in a personal injury action?
British Columbia, Canada
Is discovery permitted in a class action?
MultiRegion, United States of America
What is the impact of a family law contract where the terms are varied at will?
British Columbia, Canada
Is an amendment to the Penal Code retroactive?
California, United States of America
Does a municipality's condonation of a violation of its bylaw preclude it from later seeking to enforce the same bylaw?
British Columbia, Canada
What is the test for setting bail under the Fourteenth Amendment?
California, United States of America
What is substantial evidence supporting a finding of first degree felony-murder?
California, United States of America
What is the common law calculation of notice periods in wrongful dismissal cases?
British Columbia, Canada
What is the duty of the trial court to help the jury understand the legal principles it is asked to apply?
California, United States of America
Is a dependent child disentitled to maintenance if she attends a subsequent academic program?
Nova Scotia, Canada
Does the defense of prosecutorial independence immunize law enforcement officers from damages suffered as a result of their actions?
MultiRegion, United States of America
What is the impact of race on a child's adoption?
British Columbia, Canada
What is the test for a judge to refuse a unanimous instruction?
California, United States of America
Under what circumstances will a judge suspend trial proceedings and conduct a competency hearing if there is substantial evidence of incompetence?
California, United States of America
What is the legal test for reversal of a finding of guilty under the California Criminal Code of Criminal Procedure?
California, United States of America
What is the test for disclosure under section 206 of the California Code of Civil Procedure?
California, United States of America
What is the effect of a motion denying a stay pending appeal?
MultiRegion, United States of America
In a strict products liability action, can a plaintiff allege that the product is defective because of a mistake in manufacturing, or because of improper design?
MultiRegion, United States of America
What is the burden of ineffective assistance of counsel?
California, United States of America
Is a lawyer entitled to recover for services rendered on a quantum meruit basis if the contingency fee agreement under review is terminated?
British Columbia, Canada
What is a "willful" action and what constitutes a "malicious" action?
MultiRegion, United States of America
Can a police officer search a passenger's purse after she has been arrested?
MultiRegion, United States of America
Is it reasonable to impose three probation conditions?
California, United States of America
What is the test for hearing a moot appeal?
Ontario, Canada
What is the People's burden to prove a defendant guilty beyond a reasonable doubt?
California, United States of America
What is the current state of the law on suppression of evidence in civil cases where the suppression was not deliberate in either of the senses of deliberation or deliberate misconduct?
MultiRegion, United States of America
What is a medical professional's duty to conduct their practice in accordance with recognized and acceptable practices of the profession?
British Columbia, Canada
What is the proper procedure for appointing counsel to defend a motion for personal injury?
MultiRegion, United States of America
What is the burden on a plaintiff to establish a prima facie case on each ground of discrimination under s. 27(1)(c)?
British Columbia, Canada
What is the test for exhaustion defense?
MultiRegion, United States of America
What is the fourth potential ground of rejection under the California Civil Code of Civil Procedure?
California, United States of America
What is the evidentiary test for abuse of a defendant's right to present a defense?
California, United States of America
What are the elements of a dangerous condition cause of action?
California, United States of America
What is the test for reversing a jury's verdict in a motor vehicle accident case?
California, United States of America
What is the difference between an attempted escape and a conviction under section 4532 of the Penal Code?
California, United States of America
Can a federal district court dismiss a case for failure to prosecute pursuant to Rule 41(b)?
MultiRegion, United States of America
What is the test for setting aside a sexual assault conviction?
California, United States of America
When will a jury not consider the consequences of their verdict?
California, United States of America
What constitutes criminal possession of a forged instrument in the first degree?
"New York", United States of America
Is Master Funduk’s position that the superior court should not give undue deference to Master's decisions?
Alberta, Canada
Is probable cause for arrest based on information provided by a single informer?
California, United States of America
What is the effect of delay in the sentencing of a convicted criminal?
California, United States of America
What is the legal test to suppress evidence in a criminal case?
California, United States of America
Can a spousal support application be justified on a compensatory or needs basis?
British Columbia, Canada
Does section 654 of the California Criminal Code require a separate prosecution for driving under the influence of drugs and possession of heroin?
California, United States of America
Does a state prison have to be represented by an attorney when there is no lawyer available or available?
California, United States of America
What are the procedural due process requirements of a judicial review committee?
MultiRegion, United States of America
What is the test for putting a vehicle in motion?
Alberta, Canada
Is a trustee entitled to pay the legal costs of the 3 daughters?
Ontario, Canada
What is the test for admitting a statement that was erroneously admitted at trial?
California, United States of America
Is a probation condition that prohibits a defendant from possessing firearms or illegal drugs unconstitutionally vague?
California, United States of America
What is considered a serious medical need?
MultiRegion, United States of America
What is relevant evidence in a sexual assault case?
California, United States of America
When will a judge be granted civil immunity in a civil proceeding?
California, United States of America
Does the Miranda warning need to be triggered after a person has been taken into custody or otherwise deprived of his freedom?
MultiRegion, United States of America
What is the test for an enforceable agreement for the purpose of a commercial lease?
Ontario, Canada
Does Marineland have a statutory obligation to reasonably respond to a complaint of workplace harassment?
Ontario, Canada
What factors are considered by the trial court in granting a motion to delay the trial of a defendant?
California, United States of America
What is the difference between hearsay and hearsay evidence?
California, United States of America
What is qualified privilege, if any, and what is the test for this?
British Columbia, Canada
What is the result of a motor vehicle accident on March 20, 1998?
Alberta, Canada
What is the required state of mind for the use of a stun gun in solitary confinement?
MultiRegion, United States of America
Can a plaintiff plead negligent misrepresentation and breach of contract?
Ontario, Canada
Is there any case law in which evidence has been purged of the taint caused by the illegal seizure of documents by the federal undercover police?
MultiRegion, United States of America
How have photographs of a defendant been used as evidence in a criminal case?
MultiRegion, United States of America
Does a valid declaration have the same force and effect as an affidavit?
California, United States of America
What is a vexatious litigant who makes a claim that the court has repeatedly said cannot be advanced?
British Columbia, Canada
Does section 14.3.1 (subdivision E) need to include "unnecessary hardship"?
California, United States of America
How have the courts treated a charge of reckless driving in a motor vehicle case?
California, United States of America
What is the standard of review in the context of a motion by the Court of Appeal?
Newfoundland and Labrador, Canada
What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person?
California, United States of America
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident?
MultiRegion, United States of America
What is the effect of claim preclusion on an action where the claim was not expressly pleaded or otherwise urged?
California, United States of America
What is the test for a jury's verdict in a personal injury case?
California, United States of America
What is the test for the constitutional rule of state subvention?
California, United States of America
Is imputation of income an abuse of discretion?
California, United States of America
What are the consequences if plaintiff fails to comply with a written warning of the consequences of failure?
MultiRegion, United States of America
Can an adjudicator who inserts his own opinion about mouth contamination in a review of a driver’s blood test for an invalid reading without giving the driver a chance to respond?
British Columbia, Canada
Can a defense attorney be removed from the witness list?
California, United States of America
How have the courts interpreted sentencing instructions in a murder case?
California, United States of America
What is the specific scope of a search warrant?
MultiRegion, United States of America
In what circumstances have counsel been found to be reasonable in their performance with regard to a pretrial motion?
California, United States of America
What are the principles of failure to call a Gang Expert?
California, United States of America
Can a constructive trust or unjust enrichment be maintained?
Alberta, Canada
What is the standard of review for a motion where a claim has been made that the claim is incorrect?
Canada (Federal), Canada
What is the test for determining whether Section 667.61 of the California Code of Civil Procedure applies to sex offenders?
California, United States of America
In what circumstances will a plaintiff be able to enforce Section A.1 of the California Declaration of Rights?
California, United States of America
In what circumstances will a court order access to a child who has been diagnosed with COVID-19?
Ontario, Canada
What is the basis for a reversal and remand of a city's request for attorney fees and costs?
California, United States of America
What is the test for individualized sentencing in the context of the death penalty?
MultiRegion, United States of America
