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.
Can expert testimony be reviewed on appeal under the deferential abuse of discretion standard?
California, United States of America
What is the test for making a joint and several liability restitution order in a sexual assault case?
California, United States of America
Is a statement by a co-defendant admissible even in the absence of a conspiracy count?
MultiRegion, United States of America
Can a writ of mandate be issued to compel a public agency or officer to perform a mandatory duty?
California, United States of America
Is there a defense of performance excused when performance is prevented by the operation of the law?
California, United States of America
What are the elements of a statutory crime?
MultiRegion, United States of America
What are sufficient warnings to be given to a defendant seeking self-representation in a criminal case?
California, United States of America
Can an employer force an employee to work overtime?
California, United States of America
Does the discovery of prejudicial evidence in a criminal case constitute a writ of discovery?
MultiRegion, United States of America
What is the function of a police patrol?
California, United States of America
What is the standard of review in the context of gang enhancement cases?
California, United States of America
Can a jury be instructed on the elements of the criminal sexual penetration statute cited in the indictment?
MultiRegion, United States of America
What is the test for review of a decision made by the Ontario Court of Appeal in an administrative hearing?
California, United States of America
Can a prisoner compel the trial court to appoint counsel in a civil action?
California, United States of America
In what circumstances will a plaintiff fall from a ladder while working at the home of her son-in-law?
British Columbia, Canada
Is there an example of a party with "unclean hands" who has violated the principle of good faith?
Ontario, Canada
Can a reduction in income due to retirement constitute a material change in circumstances?
British Columbia, Canada
What is the case law on propensity evidence in a criminal case?
California, United States of America
What is the test for making a discretionary appointment in a personal injury case?
MultiRegion, United States of America
In what circumstances will a jury be instructed to find that a firearm must have been in relation to the underlying crime?
MultiRegion, United States of America
What is the effect of a classification order being reviewed in a criminal proceeding or on a habeas corpus petition?
MultiRegion, United States of America
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code?
California, United States of America
How will we review a ruling admitting evidence for abuse of discretion?
California, United States of America
What is the test for determining whether a defendant would be an unreasonable risk of danger to public safety?
California, United States of America
Does the Defendant have jurisdiction to set aside the original plea agreement or to accept the second plea agreement?
California, United States of America
Is a defendant entitled to good conduct credits against his sentence under section 2900.5 of the California Criminal Code?
California, United States of America
How have courts treated constitutional questions such as whether certain restrictions create a severe burden on an individual's First Amendment rights?
MultiRegion, United States of America
What is the test for a claim against the personal representative of a deceased person for equitable indemnity?
California, United States of America
What is the duty of a trial court to instruct a jury on general principles of law relevant to the issues raised by the jury?
California, United States of America
What is the test for determining whether use of force in handcuffing a suspect is objectively reasonable?
MultiRegion, United States of America
Can a court order relief for abuse of discretion against a party to an order obtained through mistake, inadvertence, surprise or excusable neglect?
California, United States of America
What is the test for determining whether there is sufficient evidence to support a criminal conviction?
California, United States of America
What is the state test for determining whether a jury would have reached a different result if the trial court had not made the challenged statements and rulings?
California, United States of America
What are the duties of a federal district judge in an R&R of a magistrate judge?
MultiRegion, United States of America
What is the test for abuse of a bankruptcy court?
federal, United States of America
Is character evidence admissible to establish criminal propensity?
California, United States of America
What are the elements of a close case?
California, United States of America
What is the test for making an adverse credibility finding?
MultiRegion, United States of America
Is the Attorney General's contention that a hearing officer did not have authority to act on an application?
MultiRegion, United States of America
What is the test for obtaining a certificate of probable cause to challenge a sentence imposed through a plea bargain?
California, United States of America
What is the test for compensatory support under the doctrine of equitable sharing of the economic consequences of a marriage and its breakdown?
British Columbia, Canada
What is the test for voiding a statute that prohibits sexual assault?
MultiRegion, United States of America
What constitutes a reasonable time for a plaintiff to be admitted to hospital?
California, United States of America
What is the test for rebutting the presumption that a client is entitled to an assessment if their solicitor is still representing them?
Ontario, Canada
If a complaint fails to state a plausible claim, does a judge have the authority to amend the pleading?
MultiRegion, United States of America
What is the standard of review for a challenge to the sufficiency of the evidence to sustain a conviction or sentencing allegation?
California, United States of America
How do we review a judgment dismissing an action based on the sustaining of a demurrer without leave to amend?
California, United States of America
Can a claim in a personal injury case be considered in the context of other matter that could bear on the case?
MultiRegion, United States of America
What collateral challenge does a defendant have to a prior conviction for murder?
California, United States of America
What is the test for dismissing a motion by a federal district court for lack of subject matter jurisdiction?
MultiRegion, United States of America
In what circumstances will a jury overturn a death penalty jury's finding that a robbery and burglary committed during the course of the crime be considered an independent aggravating factor?
California, United States of America
When will a jury's instruction in a criminal case be reversed per se?
California, United States of America
In a personal injury action, is the petitioner entitled to costs for the opposing party?
British Columbia, Canada
Can a defendant be held responsible for a plaintiff’s harm simply because the harms followed them in time?
British Columbia, Canada
What is the meaning of a paragraph in a commercial agreement that states that a contractual agreement does not stipulate that a contract does not contain the following items?
California, United States of America
Can a claim for disability benefits be denied if the claimant is unable to access treatment because of a lack of funds?
MultiRegion, United States of America
Is addictive substance abuse a disability under the federal Rehabilitation Act?
California, 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 serious impairment of important bodily function?
Ontario, Canada
What authority does a court have to disqualify an attorney?
California, United States of America
What is the test for exclusion of "possible prejudicial or prejudicial evidence" in a civil case?
California, United States of America
Can a partial summary judgment be granted to reduce the length of time for trial?
Ontario, Canada
What is the test for identifying a litigant's position on material facts?
Ontario, Canada
What is the difference between possession with intent to distribute and possession of a drug?
MultiRegion, United States of America
What are the elements of a false statement under Section 5 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Can evidence of past criminal conduct be admitted to demonstrate the lack of veracity of a witness?
California, United States of America
What is the burden of producing an affidavit of documents?
Ontario, Canada
Does the exclusionary rule apply to a DNA sample obtained during a search and seizure?
California, United States of America
Is there any case law or precedent for apportioning attorney's fees between defendants?
MultiRegion, United States of America
What are the different rules of evidence and procedure in civil actions against criminal defendants?
California, United States of America
Is a motion to dismiss on double jeopardy grounds de novo valid?
MultiRegion, United States of America
How have courts considered whether discrimination claims are interrelated?
California, United States of America
Is finality a constituent element of the doctrine of abuse of process as it relates to relitigation?
British Columbia, Canada
Does the unsuccessful plaintiff have to pay the costs of the successful plaintiff's third parties?
British Columbia, Canada
What is the proper course for a challenge of an order on the basis of new evidence?
British Columbia, Canada
Can a probation officer supervise a minor on probation without declaring him a ward of the court?
California, United States of America
What is the test for obtaining an order for delivery of the possession of land to be enforced by a writ of possession?
Ontario, Canada
Does a landlord have a duty to warn the tenant of any hidden danger or defect in the leased premises?
California, United States of America
What are the elements of credibility in law?
British Columbia, Canada
What is the test for establishing that a defendant was the sole cause of an injury?
British Columbia, Canada
Does a federal court's failure to conduct a foreseeability analysis to determine the amount attributable to each defendant convicted of conspiracy to commit a conspiracy to obstruct the course of justice affect sentencing?
MultiRegion, United States of America
What is the test for prejudicial evidence in a sexual assault case?
California, United States of America
What are the elements of fraud for deceit?
California, United States of America
What is the test for voiding a purchase under the rule of disqualification?
MultiRegion, United States of America
Is a buyer entitled to return the deposit money paid by the buyer to the buyer?
British Columbia, Canada
What is the test for determining liability for injuries caused by careless driving?
British Columbia, Canada
Is evidence of the violent character of the victim admissible in a prosecution for a homicide or assaultive crime where self-defense has been raised?
California, United States of America
What is the test for dismissing a motion for sexual assault?
MultiRegion, United States of America
What is the test for a whistleblower protection claim under the Sarbanes-Oxley Act or the Consumer Product Safety Improvement Act?
MultiRegion, United States of America
What is the federal standard for determining whether there is intent to provoke a mistrial?
California, United States of America
When reviewing a ruling on an unsuccessful motion to exclude evidence, what is the test for determining whether a search violated the Fourth Amendment?
California, United States of America
What is the test for determining whether a party has been successful in obtaining a motion to compel the Court to review the issue of "law de novo"?
MultiRegion, United States of America
What is the case law on exclusionary rule when it comes to forfeiture of a car?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the burden of proving all elements of an alleged sentence enhancement beyond a reasonable doubt?
California, United States of America
What are the grounds for refusing to recognize an Australian divorce in Canada as a foreign divorce?
British Columbia, Canada
What are the quantum differences between accident insurance benefits in quantum and quantum?
British Columbia, Canada
Does Section 2517(5) of the Civil Rights Act have constitutional validity?
MultiRegion, United States of America
Does the court abused its power to impeach appellant with the fact of two misdemeanor convictions, rather than solely the fact that they were convicted of a crime against a minor?
California, United States of America
In the context of the Okanagan test, what is the current state of the law with respect to this element of the test?
Ontario, Canada
What is the test for "not dealing with each other at arm's length"?
Canada (Federal), Canada
How have courts interpreted the doctrine of self-defense in cases that address other legal doctrines?
California, United States of America
Is a federal judge required to appoint counsel for a motion for motions for counsel in civil matters?
MultiRegion, United States of America
Is requiring registration and collecting evidence to be shared with the defence a form of pre-discovery production?
Ontario, Canada
What is the test for equitable tolling of a habeas petition?
MultiRegion, United States of America
What is a "proper rebuttal evidence" in a criminal case?
California, United States of America
What is the test for reversal of an award for attorney fees?
California, United States of America
Is sufficient evidence to sustain a conviction for the completed crime of criminal threats?
California, United States of America
What is the test for assignment of misconduct by a prosecuting attorney on appeal?
California, United States of America
What is the test applicable to a custody application to vary custody?
British Columbia, Canada
What is the test for mitigation in a personal injury case?
British Columbia, Canada
What is the difference between a mimeographed warrant and a night search warrant?
California, United States of America
Is a prison's administrative review system required to provide a written notification of a matter to the Department of Justice?
MultiRegion, United States of America
What is the test for capacity in a marriage contract?
Ontario, Canada
What is the effect of the one judgment rule on cross-complaint?
California, United States of America
What is the test for "exceptional circumstances" in determining whether a plaintiff can bring an action in which they are entitled to sue for damages in the form of personal injury?
MultiRegion, United States of America
Can a spouse's failure to take steps to become self-sufficient be a basis for terminating long-term support?
Ontario, Canada
What remedy does appellant have if he is found guilty of a charge of possession of a drug with intent to endanger life?
California, United States of America
What is the test for asserting personal liability on the part of an officer or director of a company?
Canada (Federal), Canada
What is the burden of producing evidence of the existence of a condition complained of for at least a sufficient time?
California, United States of America
Does a general intent crime require specific intent?
California, United States of America
Is a defendant's right to a jury trial violated by the imposition of the upper term sentence for possessing a controlled substance for sale?
California, United States of America
What is the test for self-incrimination in a witness statement?
MultiRegion, United States of America
What is the test for a defense of imperfect self-defense?
California, United States of America
What is the test for a party alleging a failure to mitigate to avoid loss?
British Columbia, Canada
What is the burden of proof in a death penalty case?
California, United States of America
In what circumstances will the Court strike down the death penalty?
California, United States of America
What is the most obvious case in which a court may find a breach of the standard of care in the absence of expert evidence?
British Columbia, Canada
What is the Miranda requirement for a suspect to waive his right to silence during questioning?
California, United States of America
How have courts interpreted "likely" in the context of aggravated assault?
California, United States of America
What is the definition of a "wobble" and what are the consequences of the crime?
California, United States of America
What is the test for a Charter remedy as a result of prohibited discrimination?
British Columbia, Canada
What is the burden of proving federal jurisdiction?
MultiRegion, United States of America
Can a lawyer bring a motion that would have resulted in the dismissal of criminal charges?
California, United States of America
What is the employer's obligation to respond to a sexual harassment complaint by a nonsupervisory co-worker?
California, United States of America
What is the test for deference when it comes to credibility findings?
Nova Scotia, Canada
Can a single indivisible course of criminal conduct be punished under more than one criminal statute?
California, United States of America
Is there any case law in which a plaintiff has been successful in a civil case?
MultiRegion, United States of America
Is a letter from a housekeeper alleging that her housekeeper's husband is not corroborative of paternity valid?
Newfoundland and Labrador, Canada
Does a sentence of life with the possibility of parole apply to a convicted child rapist?
California, United States of America
What is the state's obligation to provide paid counsel?
Alberta, Canada
Is a prior conviction of counterfeiting an aggravating factor in determining a sentence?
California, United States of America
How have courts considered cumulative irregularities in elections under the Elections Act?
Alberta, Canada
What is the test for determining the sufficiency of evidence in a criminal case?
California, United States of America
What constitutes malice in a prosecution for second degree murder?
California, United States of America
Is there any case law where the court relied on a legal assistant’s affidavit on the issue of intention?
British Columbia, Canada
If a petitioner has been convicted of a serious crime or has engaged in a pattern of misconduct, is the petitioner required to demonstrate "unusual or outstanding equities"?
MultiRegion, United States of America
What is the proper legal test for malicious prosecution for negligence against members of the public?
Ontario, Canada
Does a police officer have a duty to respect a lawful order?
"New York", United States of America
Is an executor's opposition to a spouse's spousal property petition not a claim on an asset?
California, United States of America
What is the test for making a restitution order pursuant to a defendant's plea?
California, United States of America
What is the minimum parole eligibility period prescribed by section 667.7, subdivision (a)(1) of the California Criminal Code?
California, United States of America
What is the test for establishing that a computer print function has worked properly?
California, United States of America
How have courts dealt with a motion to amend the complaint and invalidate the bail bond?
California, United States of America
Is the use of deadly force by a police officer a seizure subject to the Fourth Amendment?
MultiRegion, United States of America
What is the test for a claim of retaliation under Title VII?
MultiRegion, United States of America
Can a civil servant be examined without the consent of an attorney's secretary, stenographer or clerk?
California, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
Can an employee under a fixed term contract mitigate their wages and benefits if terminated without cause?
Ontario, Canada
What is the test for establishing probable cause to arrest based on information obtained through the use of an informant?
MultiRegion, United States of America
What are the statutory conditions for an individual to bring a claim?
MultiRegion, United States of America
What is the test for a "rational connection" between legislation and its objective?
British Columbia, Canada
Is a defendant eligible for probation?
California, United States of America
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
Does the issue of unexecuted Minutes of Settlement invalidate a settlement?
Ontario, Canada
Does a defendant have a right of confrontation or right to cross-examination?
California, United States of America
Does a defendant aid and abets a crime?
California, United States of America
What is the burden of making a showing in a motor vehicle accident?
California, United States of America
What is the test for spousal support?
British Columbia, Canada
Is a settled intention to abandon a prior residence?
British Columbia, Canada
What is the disentitlement doctrine in the context of a fugitive's claim?
MultiRegion, United States of America
What is the test for giving consideration to a recipient?
Ontario, Canada
What is the applicable test for striking out pleadings?
Alberta, Canada
What is the test for unjust enrichment and constructive trust?
British Columbia, Canada
What is the meaning of section 73(2) of the Motor Vehicle Regulation?
British Columbia, Canada
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
In what circumstances would the exclusionary rule be applied to suppress a rifle found in defendant's bedroom?
California, United States of America
What is the state's position on the adequacy of the evidence against the appellants in a sexual assault case?
MultiRegion, United States of America
What is the basis for a motion for federal habeas relief?
MultiRegion, United States of America
What is the test for establishing that defendant failed to establish that a tape once existed but was destroyed?
California, United States of America
If a jury finds that a defendant killed while conscious, with malice, will return a verdict of murder in the second degree?
California, United States of America
How has liability been determined in medical malpractice cases?
California, United States of America
Can a motion for compassionate release for abuse of discretion incorporate de novo review with respect to questions of statutory interpretation?
MultiRegion, United States of America
Is it a question of law that this court will review de novo?
California, United States of America
How have the courts dealt with a father's appeal from a disposition order and from a jurisdictional finding under section 300, subdivision (b) of the Child Support Act?
California, United States of America
Can a municipality be held liable for the safety of pedestrians who are struck and injured by traps on the sidewalk?
Ontario, Canada
What is the test for establishing a pretext for terminating an employee?
California, United States of America
Is access to the court for civil rights purposes and filing prison grievances protected by the First Amendment?
MultiRegion, United States of America
What is the test for a plaintiff to bring a claim in negligence?
Ontario, Canada
What is the test for an attempted murder?
California, United States of America
What is the test for excluding a party from a motion where they have a common law relationship?
British Columbia, Canada
Is a discovery transcript admissible under the rules of evidence?
Nova Scotia, Canada
What is the legal test for disclosing the identity of an informant in a criminal case?
"New York", United States of America
What is SLAPP and what is the test for SLAPP?
California, United States of America
When will a judge order that damages be determined by a jury rather than by a physician?
Ontario, Canada
Is there a cause of action for damages for a breach of the OHSA workplace investigation provisions?
Ontario, Canada
What is the legal test for maintaining the status quo on an interim motion?
Ontario, Canada
What is the legal test for overturning a finding of not guilty in a sexual assault case in which the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the state of the law on warrantless searches?
MultiRegion, United States of America
Does the Local Master have jurisdiction to hear or determine an application under Rule 620, sub-sec. 100?
Saskatchewan, Canada
