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 scope of amicus work in criminal proceedings?
British Columbia, Canada
Does a search warrant need to be executed by telephone or radio?
California, United States of America
What is the effect of a police officer's lack of knowledge that a suspect had previously invoked his right to counsel?
California, United States of America
Does the court have any authority to grant qualified immunity to a government employee who is not a defendant in a civil case?
MultiRegion, United States of America
Does an applicant need to show a threat of country-wide persecution to be eligible for asylum or withholding of deportation?
MultiRegion, United States of America
What is the test for "actual injury" in medical malpractice cases?
California, United States of America
How have courts interpreted the words in the grant of the right-of-way?
Ontario, Canada
Is Figueroa a new rule of law?
California, United States of America
What is the test for abuse of denial of a motion for mistrial?
MultiRegion, United States of America
What is the test for determining probable cause in a civil case?
California, United States of America
What is the test for intentional racial discrimination in the jury selection process?
MultiRegion, United States of America
Does the consent of a minor have to be obtained by police officers who entered her house unannounced with drawn guns?
California, United States of America
Does the Attorney General (respondent) have any regrets about the finding that a defendant possessed a box cutter?
California, United States of America
How have the courts interpreted the facts in a search warrant application?
MultiRegion, United States of America
In what circumstances will a defendant be barred from using a stairway and landing on a plaintiff's land?
Ontario, Canada
Is a partnership agreement void as within the statute of frauds?
MultiRegion, United States of America
What is the ministerial phase in the extradition process?
Ontario, Canada
How have courts dealt with a frivolous application?
California, United States of America
How have courts treated rest breaks in the context of wage and hour laws?
MultiRegion, United States of America
What is the standard of review analysis for the issue of procedural fairness?
Canada (Federal), Canada
What are the principles of hearsay and the exceptions to hearsay in medical malpractice cases?
Nova Scotia, Canada
What is the test for a plaintiff to bring a cause of action?
Ontario, Canada
Is a spouse entitled to have more than one ordinary residence?
Ontario, Canada
If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party?
California, United States of America
Is there an award of costs for the technical winners of two separate motions?
Ontario, Canada
What is the proper procedure for a plaintiff to claim damages in a motor vehicle accident?
British Columbia, Canada
Does Section 1203 of the Criminal Code apply to a firearm?
California, United States of America
What is solicitor-client privilege and what is the duty of confidentiality toward their client?
Canada (Federal), Canada
What is the opening brief in a personal injury case?
California, United States of America
Can an opposing attorney seek relief from a judgment, dismissal, or other proceeding against the opposing attorney?
California, United States of America
Does a matrimonial domicile acquired by residence as distinct from domicility in the ordinary sense give any jurisdiction to divorce in English law?
Saskatchewan, Canada
When will the court consider the welfare of the children in the context of access?
Saskatchewan, Canada
What is the test for determining whether a plaintiff’s injuries are indivisible or a constituent cause?
British Columbia, Canada
When will a judge order a competency hearing against a defendant?
California, United States of America
What is the test for putting a plaintiff in a better position than their original position?
British Columbia, Canada
What is the test for a jury to determine whether defendant intended to aid and abet the crime of simple assault?
California, United States of America
What is the meaning of the term "exclusive right" in the context of the Competition and Markets Act?
MultiRegion, United States of America
Can a jury commit misconduct when it discusses a defendant's failure to testify?
California, United States of America
What is the test for a finding by the Court of Appeal in a motor vehicle accident case?
California, United States of America
In what circumstances will a court stay execution of an order requiring the relinquishment of custody of a minor?
California, United States of America
What defences are available to a defendant in a defamation case?
Ontario, Canada
What is the test for a jury to uphold a finding of sufficient evidence to convict a defendant in a sexual assault case?
MultiRegion, United States of America
When determining the sufficiency of a claim, what is the test for a motion to dismiss?
MultiRegion, United States of America
What is the test for an independent review of the record?
California, United States of America
Does a bankruptcy judge have a "core function" in determining whether or not to grant a claim against a debtor?
MultiRegion, United States of America
In assessing whether there was an intention to gift and that such intention was arrived at voluntarily, is undue influence raised?
Manitoba, Canada
What are the grounds for appeal against the revocation of a defendant's probation?
California, United States of America
Does the Registrar have jurisdiction to dismiss a complaint?
British Columbia, Canada
What is the test for multiple violations under section 654 of the California Civil Code of Civil Procedure?
California, United States of America
What is the limitation of liability in a motor vehicle accident case?
MultiRegion, United States of America
What is the burden of proving a land use regulation arbitrary or irrational?
California, United States of America
What is the standard of care required by a medical professional to treat a patient in a motor vehicle accident?
British Columbia, Canada
Does Section 667.5, subdivision (b) of the Ontario Criminal Code apply retroactively to appellant?
California, United States of America
What is the effect of the fact of refusal on an arrestee's right to plead not guilty?
California, United States of America
What is the test to establish a claim for future care?
British Columbia, Canada
If a person acts within their legal rights, is that person liable even if another person suffers a loss?
British Columbia, Canada
Does section 654 of the California Criminal Code apply to sentence a defendant to two separate terms?
California, United States of America
When will a defendant be impeached for a crime of moral turpitude?
California, United States of America
What is the test for establishing that a plaintiff is a plaintiff in a civil case?
California, United States of America
What are the elements of an employment discrimination claim?
MultiRegion, United States of America
In what circumstances have counsel been found to have concealed material facts to obtain judicial action?
California, United States of America
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel?
California, United States of America
Can a prosecutor reasonably challenge the peremptory decision of a jury?
California, United States of America
Does a prosecutor who presented conflicting versions of events at trial have to prove that they were false evidence?
MultiRegion, United States of America
How does the parol evidence rule apply to a fraudulent contract?
California, United States of America
Can a defendant's unadjudicated violent criminal activity be admitted for the jury's consideration?
California, United States of America
What is the test for a state's right to prohibit a spouse from entering into a marriage if the spouse dies before the date of separation?
California, United States of America
What is the effect of the Seventh Amendment allowing a plaintiff to sue for damages at common law?
MultiRegion, United States of America
What are the risks associated with surgical procedures?
Ontario, Canada
What are the consequences of a District Attorney's decision not to seek a retrial on counts 5, 1 and 2 of a charge of assault with intent to pervert the course of justice?
California, United States of America
Is a prosecutor entitled to use improper tactics in response to tactics of defense counsel?
MultiRegion, United States of America
What is the scope of a federal district court's review of an action brought by the Department of Justice?
MultiRegion, United States of America
Is a restraining order under section 527.6 of the California Civil Code enforceable?
California, United States of America
What is the test for determining whether a defendant should be on probation rather than on probation?
California, United States of America
Can a disability provider discriminate against plaintiffs on the basis of their disability?
MultiRegion, United States of America
What is the purpose of a s.15.2 order for a review of a claim made by a party to a claim of sexual assault?
New Brunswick, Canada
What is the test for abuse of discretion in the context of a restitution order?
California, United States of America
Can a jury take a break during deliberations?
California, United States of America
Does a judge have an overriding duty to preserve the integrity and honor of the judicial system?
"New York", United States of America
How have courts dealt with prejudicial juror misconduct in civil cases?
California, United States of America
What is the test for making a declaration of intent against a party to a party in a criminal conspiracy?
MultiRegion, United States of America
What is the test for determining whether an arrest warrant is valid?
MultiRegion, United States of America
What is the test for determining whether a judge can be found to have served an aggregate term of a single term?
California, United States of America
What is the test for personal injury claims in the context of medical malpractice cases?
California, United States of America
Is there any prejudicial error in a trial court's failure to explicitly inform a defendant his admission of a strike would double his sentence?
California, United States of America
Is interrogation of a witness a form of interrogation that is not threatening?
MultiRegion, United States of America
What is the test for admissibility of a video containing instructions for making explosive devices?
MultiRegion, United States of America
How have the courts dealt with a motion to stay the execution of fines and fees for a defendant who appealed from a judgment?
California, United States of America
In what circumstances can a plaintiff obtain summary judgment against a defendant for failing to repay a promissory note?
British Columbia, Canada
Does the Court have jurisdiction to review a final order of removal?
MultiRegion, United States of America
What is the range of sentences for a man convicted of attempted murder, firearm enhancement, and assault with a deadly weapon by force likely to cause great bodily injury?
California, United States of America
What is the test for comments by a prosecuting attorney on the evidence in a civil case?
California, United States of America
Is Rule 60(b) reconsideration appropriate?
MultiRegion, United States of America
What is the test for the doctrine of abuse of process in res judicata?
Ontario, Canada
Does a statement of decision need to be issued at trial?
California, United States of America
Is there any case law supporting the argument that a hung jury in the guilt phase was not a foregone conclusion?
California, United States of America
What is the current state of the law on the grounds of hearsay?
MultiRegion, United States of America
What is the proper inquiry in medical malpractice cases?
MultiRegion, United States of America
What is the standard for a motion to dismiss a criminal conviction for making criminal threats?
California, United States of America
Does an attorney at law who was a partner in the practice of his profession have any authority to bind the firm by becoming parties to a negotiable instrument?
"New York", United States of America
Is a jury's failure to consider an element of the charged offense governed by the rule of reversal per se?
California, United States of America
What is the test for determining whether a defendant's confession was voluntary?
California, United States of America
Does giving CALCRIM No. 331 lower the prosecution's burden of proof?
California, United States of America
What is the test for remand to the Court of Appeal?
MultiRegion, United States of America
In what circumstances will a defendant who sells his farmland be able to prove that he has purchased or rented the land after executing the agreement for sale?
Saskatchewan, Canada
Is a grand jury investigation a judicial proceeding?
MultiRegion, United States of America
What is the test for a preliminary inquiry judge to commit the accused to trial?
Alberta, Canada
Does a trial court have a sua sponte duty to instruct on a defense?
California, United States of America
What is the test for an award for abuse of attorney fees?
California, United States of America
What is the standard of care expected by a doctor in a medical malpractice case?
Alberta, Canada
What is the test for a fiduciary relationship between a registered investment dealer and a client?
Ontario, Canada
What is the standard of review for an appeal from a decision of a judge?
Ontario, Canada
What is the evidence used at trial in a murder case?
California, United States of America
What is the test for privacy protection in the context of Section 8 of the Charter?
Ontario, Canada
What is the evidentiary foundation to determine the patient perspective?
Ontario, Canada
What is the test for a jury to find a defendant guilty of burglary of a residence?
California, United States of America
What is the test for attributing quotation marks to a witness who did not actually utter the word?
MultiRegion, United States of America
Can a defendant be found guilty as a principal even though he personally did not commit the crime?
MultiRegion, United States of America
What is the effect of an order to cancel an order for non-payment of a lump sum of funds made in a personal injury case?
British Columbia, Canada
Is a failure to instruct that the firearm use must have proximately caused death and the decedent could not be an accomplice?
California, United States of America
What is the current state of the law in Canada with respect to the Canadian approach?
British Columbia, Canada
Is a defendant's criminal conviction relevant at trial?
California, United States of America
Does a panel member breach their own house on the questions of findings of fact, credibility and weight to be given to the evidence?
Canada (Federal), Canada
What is the test for a defendant's claim that he was denied due process because he was not given notice of his probation violations?
California, United States of America
What are the costs for self-represented litigants?
Nova Scotia, Canada
Is there any legal impediment or otherwise to convicting a defendant of both crimes under section 654 of the Penal Code?
California, United States of America
What is the burden of proving that male characteristics are more sexually aggressive and more physically aggressive than female counterparts?
MultiRegion, United States of America
What is the test for re-evaluating a witness's credibility?
California, United States of America
What is the test for qualified immunity for prison officials who deliberately ignore the serious medical needs of an inmate?
MultiRegion, United States of America
What is the test for a rational trier of fact to find a defendant guilty beyond a reasonable doubt?
California, United States of America
What is the test for finding a mother guilty of contempt in a contempt motion involving a 2002 divorce order?
Ontario, Canada
What is the test for a writ of review?
California, United States of America
Does the court judge persuasiveness of the evidence?
California, United States of America
What is the test for a reversal of a finding of guilty beyond a reasonable doubt?
California, United States of America
What factors will be considered in determining the best interests of the parties in a gestational surrogacy situation?
California, United States of America
What is the test for an interim motion to temporarily remove an interim judge from the Court of Appeal?
Ontario, Canada
Can a defendant waive section 190.1(b) of the California Statutory Right to be present at trial during the taking of evidence?
California, United States of America
What is the test for a finding of misnomer in a motion to amend a statement of claim?
Ontario, Canada
Does a deposit of funds under a lease agreement constitute an equitable mortgage?
Saskatchewan, Canada
Is a subpoena issued pursuant to the federal rule or the statutory command or does a refusal to comply with the subpoena constitute a violation of a court's judicial authority?
MultiRegion, United States of America
What is the test for a medical marijuana defense?
California, United States of America
What jurisdiction is given to the appeal court under Pt. XXIV of the Criminal Code?
Saskatchewan, Canada
Is it fraud on the part of a building owner or his agent to request alterations to the contract and then refuse payment?
British Columbia, Canada
Does a judge have fundamental jurisdiction to impose a sentence in a sexual assault case?
California, United States of America
What is the test for abuse of discretion on a restitution order?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for assessing the impact of employer speech in a union action?
Alberta, Canada
What is the purpose of requiring a defendant appealing after a guilty or no contest plea to obtain a certificate of probable cause?
California, United States of America
What is the test for the defense of selective prosecution?
MultiRegion, United States of America
Can a defendant be convicted of two counts of burglary based on the same unlawful entry into the same apartment within 2 hours and 15 minutes?
California, United States of America
Is an out-of-court statement not hearsay?
California, United States of America
In what circumstances will an expert be allowed to testify in a criminal case?
California, United States of America
What is the test for misconduct in the criminal justice system?
MultiRegion, United States of America
Does the Eighth Amendment prohibit gratuitous infliction of wanton and unnecessary pain?
MultiRegion, United States of America
Can a landowner charge the public for the use of their land?
California, United States of America
Can hearsay be used as evidence in a criminal investigation?
California, United States of America
Is assault or battery a lesser included crime of robbery?
California, United States of America
How have the courts dealt with the issue of improper use of public funds?
California, United States of America
What is the test for experienced trial judge?
California, United States of America
Can a defendant assert the statute of limitations at any time?
California, United States of America
What are some cases where the Court has found that the Government's decision to seek a sentence that is not within the Guidelines range was "unexplained and unreasonable"?
MultiRegion, United States of America
Is a waiver of section 10(b) of the Charter valid and effective?
Alberta, Canada
If an adult child is still living at home, but is not ill and disabled, is that adult child entitled to support?
British Columbia, Canada
What is the test for determining whether a person can be found to be a witness in a civil proceeding?
California, United States of America
When a judge meets a jury in an ex parte meeting, can the judge mitigate prejudicial effects of the meeting?
MultiRegion, United States of America
Does a tortfeasor have to pay out of pocket damages to a plaintiff based on uncertainties in the calculation of damages?
Ontario, Canada
What is the effect of an order in which an individual has been granted an unlimited right to sue for damages?
"New York", United States of America
What is the test for a cause of action or motion based on perjury in a preliminary or final declaration of disclosure, or in a current income and expense statement?
California, United States of America
Does a demand for prejudgment interest need to be served on appellant?
California, United States of America
What is the current state of the law in the context of police misconduct cases?
British Columbia, Canada
Is a witness's prior inconsistent statements admissible as to the hearsay rule?
California, United States of America
What is the range of factors used to determine whether to grant a conditional discharge?
British Columbia, Canada
Is there any case law in which a defendant has been found guilty of crimes committed during the Venezuelan civil war?
MultiRegion, United States of America
Does a burglary constitute larceny under section 459.5 of the California Penal Code?
California, United States of America
Is there a double standard when it comes to attorney fees?
California, United States of America
In what circumstances will the court allow a motion to allow discovery to be made after a motion has been denied?
California, United States of America
What is the test for establishing hearsay in a criminal case?
California, United States of America
What is the proper assessment of non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
What is the range of damages available under Section 1983 of the Civil Rights Act for the denial of procedural due process?
MultiRegion, United States of America
On what grounds can a company be sued on the basis of a claim that it would be a violation of the Chemical Safety Act?
MultiRegion, United States of America
What is the test for a driver who is involved in a collision involving a vehicle that is rear-ended?
British Columbia, Canada
What is the test for a motion to vacate a default and set aside a judgment?
California, United States of America
What is the test for determining whether the facts of a sexual assault can be proven in a civil case?
California, United States of America
Is there an ad hoc fiduciary relationship?
British Columbia, Canada
What is the current state of the law on "intentionally self-inflicted" injuries in the workplace?
California, United States of America
What is the difference between the value of stolen property and the crime of robbery?
California, United States of America
Can a plaintiff bring an action against Chronicle of California for failure to prosecute under Code of Civil Procedure section 583?
California, United States of America
Can a summary judgment motion (and, by analogy, on a s. 44(5) motion) be successful?
Ontario, Canada
What constitutes material evidence in the context of a habeas petition?
California, United States of America
Does a defendant's silence and refusal to speak raise a reasonable doubt about his competency to stand trial?
California, United States of America
What are the factors used by the Law Society of BC to determine a penalty for a lawyer who has been found guilty of misconduct in a civil case?
British Columbia, Canada
Does reasonable suspicion exist for an investigatory stop?
MultiRegion, United States of America
What is the range of discipline available to the California Bar for a breach of rule 5-101 relating to the abandonment of two clients?
California, United States of America
What is the test for setting aside a noting of default?
Ontario, Canada
Does a bank have a duty of care to disclose information about the risk of investment prior to approving a loan?
California, United States of America
What is a doctor’s professional obligation to treat a patient in a hospital?
British Columbia, Canada
Does a plaintiff have to disclose that she is insured for damages sustained by the wrongdoer?
California, United States of America
What constitutes substantial evidence of incompetence in a criminal case?
California, United States of America
Is a defendant represented by the public defender presumed to be indigent?
California, United States of America
What is the test for deliberative error in a jury in a personal injury case?
California, United States of America
