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 length of time between charge and trial for a case that proceeds through two levels of institutional delay?
Ontario, Canada
Does a juror's failure to object at trial affect their claim that the court failed to properly investigate juror misconduct?
California, United States of America
Does a court order requiring electronic monitoring violate a plaintiff's right against self-incrimination?
California, United States of America
How is the test for excessive force applied in a civil case?
MultiRegion, United States of America
What is the burden of proving ineffective assistance of counsel?
California, United States of America
Does the knowledge element of the crime of battery upon a peace officer constitute moral turpitude?
California, United States of America
Is a hospital and nurses responsible for non-pecuniary damages?
British Columbia, Canada
Can a jury exercise sympathy for the victims of the crime during the penalty phase?
California, United States of America
Does a recidivist have prior experience in the criminal justice system relevant to their knowledge and sophistication regarding their legal rights?
California, United States of America
Can a defendant be prosecuted for perjury under section 118 of the Penal Code for perjury?
California, United States of America
What jurisdiction does the Court have to hear the appeal of McCauley?
MultiRegion, United States of America
What is the test for 'correct cost accounting' in the context of attorney's fees?
California, United States of America
What is the Kawauchi rule on the meaning of a written instrument?
MultiRegion, United States of America
Can a judge change or modify a sentence or discharge a prisoner after Rule 35 of the Criminal Code has expired?
MultiRegion, United States of America
What is the test for setting aside a judgment against a defendant on the grounds of fraud?
California, United States of America
What is the test for requiring an employee to provide a report or statement in the ordinary course of their employment?
California, United States of America
When will a court grant a motion for late designation of an expert witness on the standard of care?
California, United States of America
What is the test for establishing an employee's failure to mitigate?
British Columbia, Canada
Are expenses for repairs that are necessary to maintain a rental property properly deductible?
Ontario, Canada
Is there a due process violation in permitting a prosecutor to elect to prosecute under either the Criminal Code or the Criminal Prosecution Service Act?
MultiRegion, United States of America
What is the procedure used by a judgment creditor to obtain an order requiring a debtor to attend a judgment debtor examination?
California, United States of America
What is the test for finding a person not competent to stand trial?
California, United States of America
Can gang evidence be used to prove a defendant has a criminal disposition and so must be guilty of the charged crimes?
California, United States of America
What is the standard of review applicable to an order of spousal support?
British Columbia, Canada
What is the effect of issuing a writ of hare before an alleged unlawful detention begins?
Ontario, Canada
Is there any case law supporting an equal distribution of the assets of a corporation?
British Columbia, Canada
Is there any case law in which a defendant is held to answer two counts of burglary in violation of section 496 of the Penal Code?
California, United States of America
Is a jury's verdict in a personal injury case inconsistent with the facts?
California, United States of America
How have courts interpreted comments made by a prosecutor before the jury in a murder case?
California, United States of America
Is there a distinction between knowingly making and intentionally making false affidavits?
MultiRegion, United States of America
In what circumstances have CPLs been cancelled?
British Columbia, Canada
Does Master Polika have any authority to amend a Defendant's Statement?
Ontario, Canada
What is the test for a jury to acquit an appellant of two charges of attempted murder?
California, United States of America
What is the test for assessing damages in favour of plaintiffs in a civil case?
Ontario, Canada
Can a servant be held liable for inducing breach of his master's contract with a third person?
Alberta, Canada
Does the federal courts have jurisdiction to order an injunction against an employer in an arbitration proceeding?
MultiRegion, United States of America
What is the effect of a defendant filing a draft order of directions in a third party action?
Saskatchewan, Canada
Does a dismissal on statute-of-limitations constitute a decision on the merits of res judicata?
MultiRegion, United States of America
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal?
California, United States of America
What is the current state of the law in relation to putatively curative instruction in primary school?
MultiRegion, United States of America
Can an extradition judge stay the extradition proceedings against the person sought on the grounds of abuse of process?
Ontario, Canada
Can conspiracy be used to prove criminal liability for acts of coconspirator?
California, United States of America
Is a defendant entitled to access instructions that pinpoint the theory of the defense case?
California, United States of America
How have courts treated allegations of mental health malpractice in a civil case?
MultiRegion, United States of America
In a personal injury action, what are the factors that aggravate or mitigate?
California, United States of America
What are the elements of resisting a peace officer?
California, United States of America
What is the history of child protection decisions and assessments of a mother's mental health and personality issues?
Ontario, Canada
What is the legal test for establishing that a witness's testimony is inherently improbable?
California, United States of America
Can an employer be held liable for a worker's compensation claim where the employee is injured in a motor vehicle accident?
California, United States of America
Does the trial judge conclude that the husband has control and possession of family assets of which he has no knowledge?
British Columbia, Canada
Is there any case law where a jury has been told that the facts could not have been found beyond a reasonable doubt?
California, United States of America
Does the Attorney General argue that appellant's requirement to register under section 290.005 constitute an unauthorized sentence?
California, United States of America
Can a state create a state-created impediment to filing for an application?
MultiRegion, United States of America
What is the test for a stay of a removal order?
Canada (Federal), Canada
Can a defendant who drives a car with defective brakes be held liable for an unlawful act under former section 501 of the California Vehicle Code?
California, United States of America
What is the test for credibility in eyewitness testimony?
California, United States of America
Does a general contractor have a duty to protect the safety of a subcontractor?
California, United States of America
Can a Defendant rely on his right against self-incrimination as an independent basis for exclusion of his statements?
California, United States of America
Does the date of retroactivity in a consent order apply when the respondent’s financial circumstances materially changed?
British Columbia, Canada
How have the courts interpreted the Miranda rights of a defendant in a civil case?
MultiRegion, United States of America
Can a holograph instrument be used in a will?
British Columbia, Canada
How have courts dealt with a motion to quash or amend the record of a community redevelopment application?
California, United States of America
Is a father's failure to serve mother with a paternity action faulty?
California, United States of America
Can periodic orders of support sustain a provision for security against property?
Ontario, Canada
What is considered "gross negligence" in the context of medical malpractice cases?
California, United States of America
What is the burden of establishing entitlement to attorney fees?
California, United States of America
Does the argument that no reasonable person would consent to a search of luggage that he or she knows contains drugs?
MultiRegion, United States of America
Can a federal habeas court refuse to issue the writ of appeal against a state-court decision?
MultiRegion, United States of America
Is a defendant entitled to be read his rights before he is questioned by a police officer about his name?
California, United States of America
What is the test for a fiduciary relationship outside of the traditional categories?
Ontario, Canada
Can a Court of Appeal alter a damages award made at trial?
British Columbia, Canada
Is diminished capacity an affirmative defense?
California, United States of America
What is the test for failing to comply with a court order?
Ontario, Canada
What is the test for maintaining a cause of action in trespass?
Saskatchewan, Canada
What is the standard of conduct of a defense attorney in a criminal proceeding?
"New York", United States of America
What is the burden of establishing jurisdiction?
MultiRegion, United States of America
Is evidence gathered under the letters of requirement admissible at the preliminary inquiry?
British Columbia, Canada
When will an executor pre-take compensation from a will?
Ontario, Canada
What is the principle against double recovery in tort law?
British Columbia, Canada
What is the duty of the trial court of the sua sponte rule in criminal cases?
California, United States of America
What is the test for proving the existence of a criminal street gang?
California, United States of America
What is the "golden rule of statutory construction"?
California, United States of America
In what circumstances will a federal agent and an undercover police officer be robbed at gunpoint?
California, United States of America
Is a federal court's failure to instruct the jury on an element of a sentence enhancement provision a federal constitutional error?
California, United States of America
What is the test for charging the jury in a motor vehicle accident case?
Saskatchewan, Canada
Is bad character evidence admissible as an aggravating factor in a criminal case-in-chief?
California, United States of America
What is the meaning of a writ of mandamus in the federal courts?
MultiRegion, United States of America
What is the test for an Eighth Amendment claim?
MultiRegion, United States of America
What is the test and approach to be taken by a judge in a custody application?
British Columbia, Canada
What is the test for whether instrumentality is capable of being an instrumentality?
California, United States of America
What is the test for establishing that continued possession of DNA without a search warrant violates the Fourth Amendment?
MultiRegion, United States of America
What is the test for establishing that a legal proposition that is stated in broader terms than called for by the facts to which it is applied?
California, United States of America
Is incorrect answer on an insurance application a defense of fraud?
California, United States of America
What is the test for Section 654 of the California Civil Code for a single act or omission?
California, United States of America
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend?
California, United States of America
What is the effect of delayed arraignment on a defendant?
California, United States of America
Is the best interests of the child paramount consideration for the court?
British Columbia, Canada
What is the test for joint tort feasors in a claim for negligence?
Alberta, Canada
What is the test for a defendant to be competent to stand trial?
California, United States of America
How have courts found liability for failure to replace or replace a sign warning motorists of an open culvert?
British Columbia, Canada
Can a defendant be sentenced to two concurrent sentences under section 654 of the California Criminal Code?
California, United States of America
What is the evidence given by an expert in a medical malpractice case?
California, United States of America
Is a defendant who is in custody given a Miranda warning before police can interrogate him?
California, United States of America
What is the test for determining if an allegation under s. 27(1)(b) of the Criminal Code is valid?
British Columbia, Canada
Does the Attorney General have the authority to bar a no contest plea?
California, United States of America
Can intention to adopt a new domicile exist when a person moves to a new location?
Alberta, Canada
What is the burden of seeking a new trial on the basis of prosecutorial misconduct?
MultiRegion, United States of America
What is the test for determining whether a child has met the appropriate standard of care?
Ontario, Canada
What is the duty of a public authority making an administrative decision which affects an individual's rights, privileges or interests?
Canada (Federal), Canada
What is the test for a judge's impartiality?
MultiRegion, United States of America
What is a misrepresentation in the context of a contract?
British Columbia, Canada
How have the courts dealt with the issue of notice of intent to deny a petition?
MultiRegion, United States of America
What is the test for determining whether a company can obtain compensation from a third party for failing to provide a proper risk assessment?
California, United States of America
How does a defendant's criminal record affect the integrity of his criminal record?
MultiRegion, United States of America
What is the test for overruling an objection to a prosecutor's statement?
California, United States of America
What is the test for relying on "class of one" theory when plaintiff is not in a protected class?
MultiRegion, United States of America
What are the elements of escape in the second degree?
California, United States of America
What is the test for dismissing a Rule 48(b) dismissal with prejudice?
MultiRegion, United States of America
Does a court order that allows maintenance work to be carried out on a private easement change the use of the easement?
California, United States of America
What is the test for admitting expert testimony in a medical malpractice case?
California, United States of America
What is the scope of a corporate director's right to inspect corporate documents?
California, United States of America
Does substantial evidence need to be affirmed on appeal?
California, United States of America
What are the costs of a successful Applicant in a medical malpractice proceeding?
Canada (Federal), Canada
What is the test for driving under the influence of methamphetamine?
California, United States of America
Does section 845, subdivision (b) of the California Civil Code provide immunity from prosecution under Section 845.8?
California, United States of America
Can a spouse's failure to make reasonable efforts to become self-sufficient be taken into account in determining quantum and duration of spousal support?
British Columbia, Canada
When was the amendment to the Fourteenth Amendment never intended to impose any new restrictions upon citizenship or to prevent any persons from becoming citizens?
MultiRegion, United States of America
How have courts dealt with misconduct by a prosecuting attorney in a criminal case?
California, United States of America
How have counsel argued in closing argument in a murder case?
California, United States of America
Is there a defence of responsible communication available where the publication was responsible?
Ontario, Canada
Can a defendant introduce evidence of voluntary intoxication to raise a reasonable doubt about their mental state?
California, United States of America
What is the test for summary adjudication of a plaintiff's conversion claim?
California, United States of America
What is the current state of the law on disclosure of assets under a domestic agreement?
Ontario, Canada
Is there any clear and unambiguous terms with respect to liability?
British Columbia, Canada
In what circumstances will a court find a physician negligent for failing to follow standard practice?
British Columbia, Canada
Does a servient tenement have an obligation to respect the right of way of land that has been granted?
Ontario, Canada
Does the term "unlawful purpose" in section 530.5, subdivision (a) of the California Criminal Code, require a trial court to define it?
California, United States of America
Is there a class period for tort and breach of fiduciary duty claims?
Nova Scotia, Canada
Can an accused demand that members of her race be included on the jury?
British Columbia, Canada
In what circumstances will a jury convict defendants of conspiracy?
MultiRegion, United States of America
What facts have been adduced at trial and relied on by the sentencing judge at the sentencing hearing?
MultiRegion, United States of America
What is the definition of a confidential personnel record in the California Penal Code?
California, United States of America
What is the current state of the law on "consensual encounters" with the police?
California, United States of America
Is a violation of section 243(b) of the California Criminal Code considered a felony or a misdemeanor?
California, United States of America
Is there a sufficient connection between two different legal entities?
British Columbia, Canada
Does the Court have jurisdiction to determine which tribunal has exclusive jurisdiction?
California, United States of America
What is the state's responsibility to preserve or preserve evidence in a criminal case?
California, United States of America
Does the word "willfully" in section 1203(e)(3) of the California Penal Code apply?
California, United States of America
Is Steiny's failure to supply billing statements sufficient to support its attorneys declaration?
California, United States of America
Does a plaintiff have consented to physical abuse?
MultiRegion, United States of America
Does section 1203.066, subdivision (c)(1)(1) through (5) of the California Criminal Code apply?
California, United States of America
What is the tolling of the statute limitations period?
MultiRegion, United States of America
What is the test for adduceing evidence in a personal injury trial?
British Columbia, Canada
Does the record need to show who requested the instructions?
California, United States of America
Can a defendant be prosecuted for each weapon used during the commission of a drug trafficking offence?
MultiRegion, United States of America
What is the test for a challenge to the sufficiency of evidence in a sexual assault case?
California, United States of America
Is there jurisdiction for a de novo action?
MultiRegion, United States of America
What is the test for making a declaratory judgment?
California, United States of America
In a medical negligence case, does an expert have to establish the appropriate standard of care?
California, United States of America
What is the test for determining the definition of crime and the determination of punishment?
California, United States of America
Does Section 654, subdivision (a) of the California Criminal Code prohibit punishment for two crimes arising from a single, indivisible course of conduct?
California, United States of America
What is the test to be applied in the resolution of a medical malpractice case?
Alberta, Canada
What is the testator's right to claim funeral expenses?
Alberta, Canada
Is there any case law supporting the allegation that the financing arrangements provided material information for the purposes of a buy/sell agreement?
Ontario, Canada
Is there any case law where an attorney breached his fiduciary duty by charging for services he never intended to provide?
MultiRegion, United States of America
Can a court conduct an in camera review of privileged communications to determine whether they fall within the crime-fraud exception?
MultiRegion, United States of America
What is the test for making out a case of discrimination under section 504?
MultiRegion, United States of America
What is the applicable standard of review for the purpose of determining whether a decision was reasonable?
British Columbia, Canada
What is the current state of the law on the doctrine of "substantial evidence" in a sexual assault case?
California, United States of America
Does a preliminary inquiry need to be directed to the issue of whether or not there is sufficient evidence to put the accused on trial?
British Columbia, Canada
What is the current state of the law on the Miranda privilege?
California, United States of America
What is the state of the evidence in the context of a prosecutor's argument in a civil case?
California, United States of America
Is a police officer permitted to enter a house using trickery, stealth or subterfuge?
California, United States of America
Is brandishing a lesser-related crime in a capital case?
California, United States of America
Is there any case law in which a debtor has been found to be in breach of the terms of a loan agreement?
MultiRegion, United States of America
What is the effect of the Criminal Code Code when it comes to prosecuting criminal cases?
California, United States of America
Is there any reason to doubt the inclusion of "fraud" in a certification order?
Ontario, Canada
What are the two questions that must be asked in the context of a class action?
Ontario, Canada
What is the test for an actionable claim in a medical malpractice case?
MultiRegion, United States of America
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions?
California, United States of America
Is removal of appellants from the Court of Appeal nugatory to appeal?
Canada (Federal), Canada
Does a will constitute an execution of a power to revoke a settlement?
Ontario, Canada
Does a police officer who approached a group of people walking in the middle of the night, ask them if they could talk to them for a minute?
MultiRegion, United States of America
Is Section 14(1) of the Regulations on Migratory Birds Protection and Migrations a new crime or a penalty?
Ontario, Canada
On appeal from a denial of a petition, what is the role of the Court of Appeal in reviewing a decision under Code of Civil Procedure section 1094.5?
California, United States of America
What is the test for a police misconduct finding that police conduct does not serve a reasonable interest?
California, United States of America
What is the test for an award of damages for non-pecuniary losses?
Alberta, Canada
What is the availability of assessment under the Solicitors Act?
Ontario, Canada
What is the test for determining whether a plaintiff’s earning capacity has been impaired by the accident?
British Columbia, Canada
What is the test for determining whether a jury found appellant was a major participant in the robbery who acted with reckless indifference to human life and that the murder occurred during the robbery?
California, United States of America
What is the test for determining whether a motion in a civil case against a defendant has been found unconstitutional?
California, United States of America
What is sufficient evidence that can be reconciled with a contrary finding to the jury's?
California, United States of America
What is prejudicial evidence in a personal injury case?
California, United States of America
Does the Court of Appeal have any authority or authority to overturn a support order made by a trial judge?
British Columbia, Canada
What is the defence of justification in a defamation case?
British Columbia, Canada
Is there any requirement that an insurer honour a collision claim from its own insured before it can consider a subrogated claim from the other insurer?
Alberta, Canada
Can Safe Cig continue to contest the amended allegations in its Rule 60(b) application?
MultiRegion, United States of America
What constitutes misrepresentation in the context of loan modification negotiations?
MultiRegion, United States of America
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney?
California, United States of America
What is the test for establishing a domicile in an action?
Saskatchewan, Canada
