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 standard of review in a claim regarding the sufficiency of the evidence?
California, United States of America
What is the test for insubstantial evidence to support a charge of possession of cocaine base for sale?
California, United States of America
Does assault and battery support a conviction of involuntary manslaughter under the misdemeanor-manslaughter doctrine?
California, United States of America
Is detention reasonable under the Fourth Amendment?
California, United States of America
Does the Court of Appeal in Dunsmuir hold that a patent unreasonableness standard set forth in s. 59(3) and (4) of the Anti-Patent Unreasonableness Act?
British Columbia, Canada
Does defendant have the initial burden of demonstrating eligibility under section 1170.18, subdivision (a)?
California, United States of America
What is the test for the Charter of Rights to make full answer and defence?
British Columbia, Canada
Can a trial court take judicial notice of the fact that a crime was committed in an incorporated city?
California, United States of America
Is consent required on the face of a summary disposition order?
Saskatchewan, Canada
When is an application for an extension of time permitted to be filed as soon as circumstances permit?
Canada (Federal), Canada
What is the impact of inadmissible evidence in an affidavit?
British Columbia, Canada
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony?
British Columbia, Canada
What is the basis for a finding that a judge gave insufficient weight to relevant considerations?
British Columbia, Canada
Does case law applicable to an insanity defense have any relevance to the defense that the accused lacked the requisite mental state?
MultiRegion, United States of America
Does a defendant have to plead guilty under section 1192.1 of the Penal Code to a charge of assault?
California, United States of America
Can an employee be fired in retaliation for reporting a colleague's claim of sexual harassment to higher management?
California, United States of America
What is the standard of conduct for a jury to determine provocation?
California, United States of America
Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court?
California, United States of America
What is the test for determining the earning capacity of a parent in lieu of the child's income?
California, United States of America
Does the Attorney General have to argue that a defendant's invocation was only a qualified one?
California, United States of America
What is the effect of a dismissal of a complaint?
MultiRegion, United States of America
What is the test for a jury to determine whether a defendant acted with the intent to promote, further or assist criminal conduct by gang members?
California, United States of America
What is the legal test for correcting the jury's instructions in a personal injury case?
California, United States of America
What is the test for a defense attorney to be successful in a civil case?
California, United States of America
What is the test for engaging the Grievor's legal obligation towards his parents?
Ontario, Canada
Is an electronic signature valid under section 24 of the Limitation Act?
British Columbia, Canada
What is the standard of conduct of counsel in personal injury cases?
California, United States of America
What is the burden of proof for the prosecution in civil cases?
California, United States of America
What constitutes an intentional act by appellant in refusing to testify before a grand jury?
MultiRegion, United States of America
Is an action that transgresses the scope of the applicable principles of law an abuse of the law?
California, United States of America
How much, if any, has the jury been shown a video of the interior of a house in a murder trial?
California, United States of America
Does consent to search a person's home need to be considered to be voluntary?
California, United States of America
Is a transcript of a telephone conversation with an FBI agent sufficient to be used as evidence in a civil case?
MultiRegion, United States of America
Can an arbitrator exclude relevant evidence from a court proceeding?
Ontario, Canada
Does the sentence of a man convicted of sexually assaulting a young girl under the age of 16 years old have to be consecutive or concurrent?
British Columbia, Canada
What is the value of the public hearing process?
British Columbia, Canada
Does a search warrant need to be signed in writing by the applicant?
California, United States of America
What is the standard of care of a plaintiff in a medical negligence action?
Ontario, Canada
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement?
California, United States of America
What evidence supports the finding that appellant had the right to control the gun that was found in the case?
California, United States of America
What is the test for an investigation into allegations of sexual assault?
New Brunswick, Canada
What are the consequences of a court's imposition of assessments, fees and fines?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the tort of inducing breach of contract?
British Columbia, Canada
Can a defendant make a motion to dismiss under section 1385 of the Criminal Code?
California, United States of America
What is the immunity of a debtor from forfeiture of his exemptions from the provisions of the Suspension and Condominium Act?
Saskatchewan, Canada
Can a retained attorney be discharged from trial for failing to attend defendant's trial?
California, United States of America
What is the test for invoking the Fourteenth Amendment's Due Process Clause?
MultiRegion, United States of America
What is the effect of a motion for reconsideration on a date set by the Superior Court of California on a motion to set a new trial date?
California, United States of America
What is the test for deliberation and premeditation in a motor vehicle accident?
California, United States of America
Are there any new facts or evidence that have not been disclosed to the defense?
MultiRegion, United States of America
Can a lawyer be suspended or suspended for a matter where the reasonableness of the lawyer’s fee is reviewed?
British Columbia, Canada
What are the reasons for a motion to dismiss this action for delay?
Ontario, Canada
What is the current state of the law in relation to exclusiveness?
Nova Scotia, Canada
Does the "real consideration" or extrinsic evidence to prove the “real consideration” generally admissible?
Ontario, Canada
How have courts interpreted constitutional principles in the context of a family law case?
California, United States of America
What is the test for determining whether a corporate officer or director was a "managing agent" for purposes of section 3294(b) of the Corporations Act?
California, United States of America
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant?
Saskatchewan, Canada
What is the scope of the power of a master arbitrator to review factual and procedural issues?
"New York", United States of America
What is the test for admitting testimony in a medical malpractice case?
California, United States of America
Can a defendant be convicted of a charge of resisting arrest under section 148 of the Penal Code?
California, United States of America
Does a dismissal of a complaint without prejudice constitute a final order?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel in a sexual assault case?
California, United States of America
What is the legal test for recovery of license fees from a plaintiff who was defrauded by a licensed real estate broker?
California, United States of America
What is the test for proving that someone has committed a crime in a criminal case?
British Columbia, Canada
Is exclusion of evidence designed to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence?
California, United States of America
What are some examples of conduct that could give rise to mental distress or moral damages?
Canada (Federal), Canada
Does section 654 control application of section 667, subdivision (c) of the California Criminal Code?
California, United States of America
What is considered to be a "prepared decision to kill" in a murder case?
California, United States of America
Is companionship not a recoverable head of damages?
British Columbia, Canada
Can an inquiry be used to circumvent the federally prescribed criminal procedure?
British Columbia, Canada
What are the consequences of using a firearm in the commission of a murder?
California, United States of America
Can a court make a record of the documents it examines before making a decision on a Pitchess motion?
California, United States of America
What is the meaning of the term "standing" in the context of Fourth Amendment claims?
California, United States of America
What is the burden of imputation of income on the controlling shareholder spouse?
Ontario, Canada
Does a jury have to assume that if it returns a death verdict, the sentence of life without possibility of parole will inexorably be carried out?
California, United States of America
Is a defendant's presence required at a criminal trial subject to certain exceptions?
California, United States of America
Does the exclusionary rule in the context of evidence obtained in violation of the Fourth Amendment apply?
California, United States of America
What is the test for limiting recovery of damages by bystanders in a motor vehicle accident?
California, United States of America
Is a motion to impeach an impeached member of the House of Representatives admissible as evidence?
California, United States of America
When can a defendant file a new trial motion?
California, United States of America
What constitutes the crime of vehicular manslaughter with gross negligence?
California, United States of America
What is the scope of a judicial review of a decision made by the Commissioner of Social Security?
MultiRegion, United States of America
What is the test for knowing participation in a criminal conspiracy?
MultiRegion, United States of America
In what circumstances will a judge deny a motion for relief under Civil Rule 60 for an abuse of discretion?
federal, United States of America
What is the test for estoppel on the facts?
British Columbia, Canada
What is the test for section 654 of the California Criminal Code when a single act or omission is a divisible transaction?
California, United States of America
Is there a need for bilateral handling?
MultiRegion, United States of America
What is the legal test in the best interests of the child or children?
British Columbia, Canada
In what circumstances will a police officer stop a car at a stop and search the vehicle of an alleged cannabis dealer?
British Columbia, Canada
How have the courts in India dealt with the issue of an application for an interim injunction?
British Columbia, Canada
What is the limitation of liability in a motor vehicle accident case?
MultiRegion, United States of America
How have photographs been deemed inadmissible in a murder trial?
California, United States of America
What is the current exchange rate for an action for an account?
Saskatchewan, Canada
In a sexual assault case, what is the test for a jury to disregard evidence of a false allegation of rape?
California, United States of America
What is the test for maintaining the status quo on a motion for interim custody?
Ontario, Canada
What is the state of the law in relation to the manner of witness testimony at a hearing?
MultiRegion, United States of America
In a personal injury case, can a defendant appeal against the judgment against him in an appeal?
California, United States of America
Is an essential term of a contract enforceable?
Saskatchewan, Canada
In what circumstances will the Court of Justice MacGuigan order that an applicant must attach his application for refugee status to his refugee status?
Canada (Federal), Canada
In what circumstances will causation be determined in a civil case?
British Columbia, Canada
What is the "highest degree of deference" given to a determination under s. 27(1)(c) of the Human Rights Code?
British Columbia, Canada
What is the test for determining whether a defendant has failed to provide the proper record to support the amount of the court's award?
California, United States of America
What is the Statue of Frauds?
Ontario, Canada
What is the test for an amended complaint in a medical malpractice case?
California, United States of America
Is a wife entitled to pendente lite attorney fees as a result of a denial of a continuance of trial?
California, United States of America
What is the standard of review for abuse of discretion?
California, United States of America
What rights does a criminal defendant have to be present at trial?
California, United States of America
Can a plaintiff change the nature of their action by alleging new, unrelated claims against multiple defendants?
MultiRegion, United States of America
Is there any reason why plaintiff Blanchard is seeking injunctive relief for medical malpractice?
MultiRegion, United States of America
What is the test for a negligent representation claim?
British Columbia, Canada
What is the test for patentability in medical malpractice cases?
MultiRegion, United States of America
How is a plaintiff's restitutionary remedy quantified?
British Columbia, Canada
Is a motor vehicle a dangerous weapon?
MultiRegion, United States of America
What is a state and federal prisoner's right to access the courts?
MultiRegion, United States of America
What is the test for a person who aids and abetts a crime?
California, United States of America
What is the test for dismissing an appeal against a finding that a plaintiff's only other claim is not properly before us?
California, United States of America
Is there any case law where a search warrant used to obtain evidence that the evidence against Rabe was overbroad?
MultiRegion, United States of America
What is the test for determining whether a defendant has ineffective counsel?
MultiRegion, United States of America
Is there any case law that supports the argument that a mental disability is not a mental illness?
British Columbia, Canada
Does a single course of conduct constitute both shoplifting and theft?
California, United States of America
How does a copy of a judgment enter into the judgment book?
California, United States of America
Does a court have a duty to appoint a court-appointed interpreter for an indigent, non-English speaking litigant in a civil small claims proceeding?
California, United States of America
Does a defendant have multiple criminal objectives independent of and not merely incidental to each other for purposes of section 654 of the Criminal Code?
California, United States of America
Is a search warrant affidavit required to obtain an affidavit from a superior court?
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 burden of proving a defendant validly waived their Miranda?
MultiRegion, United States of America
Is a defendant entitled to attorney's fees or damages from a judge who set a restitution fine in error?
California, United States of America
What is the minimum statutory requirement for a school to provide a reasonable accommodation for a disabled student?
MultiRegion, United States of America
What is the test for civil rights violation?
MultiRegion, United States of America
Can a transcript of an examination for discovery be read in or used in evidence at trial?
Ontario, Canada
What is the test for calculating future care costs in a medical malpractice action?
British Columbia, Canada
What is the test for plain error review in civil cases?
MultiRegion, United States of America
What is the test for substantial evidence in a sexual assault case?
California, United States of America
In what circumstances have common law principles concerning duress and undue influence been reviewed in common law?
Manitoba, Canada
If a defendant has no personal knowledge of the events, or of a reason that a witness may be lying or mistaken, can he provide relevant testimony?
California, United States of America
What is the current state of the federal bank fraud statute?
MultiRegion, United States of America
What evidence does the court need to establish that the intent of the applicant was not intended?
California, United States of America
Can RPI be retried for first degree murder?
California, United States of America
What is the test for reasonable suspicion in the context of detention?
California, United States of America
What is the test for credibility in a refugee application?
Canada (Federal), Canada
How have courts interpreted "shame excuses" in the context of discrimination cases?
California, United States of America
What is the standard of review for home relief and Supplemental Security Income claims?
"New York", United States of America
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime?
California, United States of America
Can a defendant be ordered to pay a fee under section 1203.1b of the California Penal Code?
California, United States of America
What is the difference between a plaintiff and his lawyer in a personal injury case?
British Columbia, Canada
Does rule 77.14(2) apply to this action?
Ontario, Canada
What is the test for driving under the influence of alcohol?
California, United States of America
What is the test for cancelling a claim for non-payment of mortgage arrears?
British Columbia, Canada
When will the court consider a parent’s relocation considerations in determining the best interests of the child?
British Columbia, Canada
In what circumstances will the courts rely on Zavaglia for determining whether a landlord has a higher duty of care than a landlord under the law of negligence?
British Columbia, Canada
Does an association have standing to bring a claim for declaratory and injunctive relief?
MultiRegion, United States of America
Does a prosecutor's knowing use of perjured testimony violate the due process clause of the Fourteenth Amendment?
MultiRegion, United States of America
Does a plaintiff have to continue to sue for damages even if his claim is dismissed?
MultiRegion, United States of America
What is the test for res judicata?
California, United States of America
In what circumstances will a defendant be named with a codefendant in a murder and attempted murder case?
California, United States of America
Is there any case law supporting the proposition that malice exists?
Ontario, Canada
Does the arrest of a man who was sitting in a hangar at a private hangar violate his civil rights?
MultiRegion, United States of America
What is the difference between the Federal and provincial guidelines on disclosure of income for child support purposes?
Manitoba, Canada
Does a defendant have to prove that he was an aider and abettor of the crime in order to be convicted of the special circumstance allegation?
California, United States of America
What is the speed of jury deliberations in a sexual assault case?
California, United States of America
What is the test for deciding a question of law raised for the first time on appeal?
California, United States of America
What is the test for identifying a group characteristic in respect of the complainant?
Ontario, Canada
Is a defendant entitled to a motion to dismiss the case under section 1385?
California, United States of America
What is the test for a charge of criminal association with gang members?
California, United States of America
Can an arbitrator determine that conduct in 2006 in relation to disability was discriminatory?
Ontario, Canada
As an intervener in an appeal, can intervener expand the evidentiary record on appeal?
Ontario, Canada
What is the test for a defendant to challenge the sufficiency of evidence de novo in a criminal case?
MultiRegion, United States of America
How have courts considered section 954 of the Criminal Code when sentencing a defendant under section 654 under Section 654?
California, United States of America
Can a jury interpret jury instructions in an improper manner?
California, United States of America
What are the duties of an executor?
Newfoundland and Labrador, Canada
Is Forefront liable for commingling funds with Forefront as constructive trustees?
British Columbia, Canada
What is the test for excluding evidence in a personal injury case?
California, United States of America
How have courts treated the term "subterfuge" in the context of a recording by a professional in a family law proceeding?
Ontario, Canada
What is the test for overturning a finding of insufficient sufficiency of evidence in a sexual assault case?
California, United States of America
How has the respondent argued in court that the claimant was a person who was out of the job market for many years and exclusively caring for the children and managing household tasks?
British Columbia, Canada
Does defendant's offer to wear any chains override his attorney's objection?
California, United States of America
What is the test for reducing the sufficiency of evidence in a sexual assault case?
California, United States of America
Is the crime of sexual penetration by a foreign object a specific intent crime?
California, 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 test for due process in a sexual assault case?
MultiRegion, United States of America
What is the proper sanction for failing to come forward with evidence of sexual assault?
MultiRegion, United States of America
Does the fact that funds might be available for retirement make a family asset?
British Columbia, Canada
When will a judge instruct the jury on the limited purpose for which evidence of other crimes or wrongful acts is admitted?
MultiRegion, United States of America
What is the current state of the law in relation to the possession of a firearm under section 924(c) of the Criminal Code?
MultiRegion, United States of America
Does a court have the authority to consider materials that have not been properly brought to its attention?
MultiRegion, United States of America
What factors will the court consider in determining whether or not to grant disclosure of personal information to a party in a civil matter?
California, United States of America
In what circumstances can a plaintiff seek to set aside a default judgment in a personal injury action?
California, United States of America
Does the Attorney General have any authority to determine the appropriate payment schedule for a booking fee and probation-related costs?
California, United States of America
Is it a specific intent crime for a defendant to commit a false imprisonment?
California, United States of America
Can a witness refuse to give evidence in a civil proceeding where the answers might incriminate him in future criminal proceedings?
California, United States of America
What is the legal test for instructing a jury on an aiding and abetting liability theory?
California, United States of America
What is the statute of limitations for childhood sexual abuse claims?
California, United States of America
What is the test for suppressing a search warrant-granted search warrant?
California, United States of America
What is the burden of documenting hours paid by a plaintiff in litigation?
MultiRegion, United States of America
What is the government's position on exclusive arbitral jurisdiction?
Nova Scotia, Canada
In what circumstances will a court grant suppression of an application for a wiretap even though the Attorney General has not approved the wiretap?
California, United States of America
What jurisdiction does a judge have to retain supervision over the implementation of the terms of an order dated November 6, 1996?
Prince Edward Island, Canada
What constitutes wilful misconduct by an attorney who misappropriated client funds?
California, United States of America
What is the penalty for multiple-murder?
California, United States of America
