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.
In reviewing a claim of insufficient evidence, what is the test used to determine whether a criminal threat conviction is valid?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the law on sexual assault under the California Penal Code?
California, United States of America
What is the test for rescission of or reduction of child support arrears?
Ontario, Canada
Does res judicata apply where the fundamental issue in the action has already been decided in a prior proceeding?
British Columbia, Canada
What are the "best interest factors" in a child protection application?
Ontario, Canada
What is the test for reasonable accommodation under the Rehabilitation Act?
MultiRegion, United States of America
What is the effect of a police officer stopping a motorist for investigation and citation?
California, United States of America
In deciding a motion to dismiss for failure to exhaust, can a court look beyond the pleadings and decide disputed issues of fact?
MultiRegion, United States of America
What is relevant evidence in a personal injury action?
California, United States of America
What is the test for severity of a sexual assault?
Canada (Federal), Canada
Is a defendant's criminal record admissible in a criminal case?
Ontario, Canada
What is the test for waivering the Miranda rights?
California, United States of America
Is polygraph testing required as a condition of continued employment?
California, United States of America
What is the appealable issue when a district judge fails to depart downward from the applicable sentencing guideline range without comment on its authority?
MultiRegion, United States of America
Can there be more than one occupant of the same premises?
Ontario, Canada
What is the test for a preliminary inquiry judge?
Canada (Federal), Canada
Does the Court have a duty to give a jury instructions that explain the minimum level of risk that the jury must agree upon?
California, United States of America
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person?
California, United States of America
In what circumstances will a court order a review of spousal support?
British Columbia, Canada
Is there any case law supporting a finding of multiple criminal objectives independent of each other?
California, United States of America
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied?
Ontario, Canada
Does Defendant have a legitimate basis for his conviction for assault with a semi-automatic firearm and grossly negligent discharge of a firearm?
California, United States of America
What is the test for determining whether a plea bargain is valid?
California, United States of America
What is the difference between a party seeking to strike a jury notice at an early date and then postponing the hearing of the application?
British Columbia, Canada
Is a builder entitled to recover from a builder who has failed to complete the work on time?
British Columbia, Canada
What is the current state of the law on when a motion is proceeding pro se?
MultiRegion, United States of America
What is the parity principle when it comes to sentencing sentences?
Ontario, Canada
Is the Respondent's responsibility to introduce into evidence all material which may be essential to establish that a claimants claim as well-founded?
Canada (Federal), Canada
What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act?
California, United States of America
When a lien has arisen between vendor and purchaser, can the court decline to enforce the lien because of "unfairness"?
British Columbia, Canada
Does the court have to award costs to the successful party in a personal injury action?
British Columbia, Canada
Is "any touching" of an underage girl a crime?
California, United States of America
When will a state court order a stay of a declaratory relief action in a motor vehicle accident coverage dispute?
MultiRegion, United States of America
What is the test for determining whether a child is in the best interests?
Ontario, Canada
What is the effect of a motion for disqualification from a jury?
California, United States of America
What is the test for a motion to dismiss an indictment for violation of the Speedy Trial Act?
MultiRegion, United States of America
What is the burden on a defendant to defend against the facts of his past convictions?
California, United States of America
What is the legal test for "adequate representation" of a party to a motion for class action?
MultiRegion, United States of America
Can Bothke bring a motion to vacate and remand a judgment against him for failing to state a cause of action?
MultiRegion, United States of America
What are the grounds for discipline for an attorney's failure to communicate with clients?
California, United States of America
In a facial challenge to the constitutional validity of an ordinance, does the court need to take evidence regarding the enforcement of the ordinance?
California, United States of America
What are some cases dealing with abuse of discretion?
California, United States of America
Does a defendant have to obtain a certificate of probable cause to challenge a guilty or no contest plea?
California, United States of America
Can a minor be an accomplice to a crime?
California, United States of America
What is the test for a federal district court to impose consecutive sentences on a convicted felon in possession of a firearm?
MultiRegion, United States of America
Does an aider and abettor of a capital murder have to have had an intent to kill?
California, United States of America
What is the test for establishing that a statement is trustworthy and falls within the declaration against interest exception?
California, United States of America
Is there a burden of proof at the penalty phase?
California, United States of America
What is the test for an application for security for the costs of an appeal?
British Columbia, Canada
Can a motion to vacate a judgment or dismissal be appealed?
California, United States of America
Does section 452 of the Criminal Code of Ontario contain an exception in subsection (2) of the Code of Civil Procedure, or does the caveat in subsection 452 apply?
California, United States of America
How have courts treated evidence that a defendant had a lot of guns?
California, United States of America
What is the standard for determining whether political influence on a federal administrative agency is improper?
MultiRegion, United States of America
Is a tortfeasor jointly liable to a plaintiff for a single injury that is indivisible?
British Columbia, Canada
What is the current state of the law on adjournments in civil cases?
British Columbia, Canada
Can a city expropriate a property that is in a heritage conservation district?
Ontario, Canada
Is there cause for remand under section 667.6 of the California Criminal Code?
California, United States of America
Can a police force search and interview a suspected child abuse victim without obtaining parental consent?
MultiRegion, United States of America
Does an order waived in a personal injury case have appealability?
California, United States of America
What is the legal test for a conspiracy to commit second-degree murder?
California, United States of America
Is a plaintiff's attorney entitled to its fees pursuant to the sales agreement?
California, United States of America
What is the current state of the law on force use of force?
MultiRegion, United States of America
What is the test for multiple convictions for the same delict?
British Columbia, Canada
Can a jury overturn a conviction for felony murder?
California, United States of America
What is the judicial test of credibility?
Ontario, Canada
What is the consequence of the special circumstances in a single murder count in a non-capital case?
California, United States of America
What are the legal principles that apply to the determination of a claim for cost of future care?
British Columbia, Canada
Can an extension of time to file a notice of appeal under s. 84(1) of the Assessment Guidelines be extended?
Nova Scotia, Canada
Is a consensual encounter between a police officer and an individual not a violation of the Fourth Amendment?
California, United States of America
What is relevant evidence in a sexual assault case?
California, United States of America
If a court finds that a fiduciary officer breached his duty, how does the court review its order for abuse of discretion?
California, United States of America
When reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend, does the court have to assume the truth of the complaint?
California, United States of America
Is a plaintiff entitled to sue for damages arising out of negligence?
British Columbia, Canada
What is the test for reasonable suspicion of trespassing on a woman's property?
California, United States of America
Is the evidence sufficient to prove a shooting was committed for the benefit of a criminal street gang?
California, United States of America
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
What constitutes a search and seizure?
Canada (Federal), Canada
Does a driver have an opportunity to mitigate damages by not removing the manufacturer-installed seatbelt?
California, United States of America
What is the difference between a renewal application and an application for renewal being made on the same date?
Yukon, Canada
What is the test for proving that someone committed a crime for the benefit of a gang?
California, United States of America
Can a landlord be held liable for damages arising from criminal activity committed off of the landlord's property by drug dealers and their customers against third parties?
California, United States of America
How is a plaintiff's capacity to earn income calculated when they have lost their capacity to work?
British Columbia, Canada
What factors will the court consider in its exercise of Rule 7-6?
British Columbia, Canada
What is the impact of representing the same attorney on the application of res judicata principles?
MultiRegion, United States of America
What is the evidence sufficient to support the convictions on each of the five counts of sexual assault?
MultiRegion, United States of America
What is the test for assessing past lost earnings and future earning capacity?
British Columbia, Canada
What circumstances are sufficient to overcome the general presumption of correctness usually afforded to a trial court's order?
California, United States of America
Can a search warrant be obtained based on observation in an apartment by a police officer?
California, United States of America
Can a sentence for assault be stayed under section 654 of the Penal Code?
California, United States of America
What is the burden of proving that depression occurred in the years after the Accident?
Ontario, Canada
What would constitute the infliction of great bodily injury under section 1192.9 of the California Criminal Code?
California, United States of America
Can a spouse jointly liable to a creditor for the debt of the other spouse?
British Columbia, Canada
What is the test for hearing an appeal against a motion for an indefinite adjournment of an appeal?
MultiRegion, United States of America
Is there any waiver of privilege where a plaintiff’s testimony is inconsistent with that of their own counsel?
British Columbia, Canada
What is the impact of state law on res judicata analysis?
MultiRegion, United States of America
Can a probation condition that prohibits the possession of a controlled substance without the knowledge of a physician be modified?
California, United States of America
In what circumstances will a defendant be found guilty of destroying evidence?
California, United States of America
What are the findings of the Court of Appeal's review of an order requiring an attorney to comply with her responsibilities?
California, United States of America
What is the case law in the context of personal injury cases?
California, United States of America
What is the test for striking a party’s pleadings?
Ontario, Canada
What is the limitation period for filing a human rights complaint?
British Columbia, Canada
What is the majority’s approach to assessing a religious infringement?
Canada (Federal), Canada
What is the test for establishing that a motion was brought before the Court of Appeal against an order or judgment?
California, United States of America
Does the term "maliciousness" apply to a murder charge?
California, United States of America
In what circumstances will the trial court respond to a juror's question?
California, United States of America
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion?
Ontario, Canada
What is the test for establishing a commission of error as a ground for reversal on appeal?
California, United States of America
Is a search warrant obtained upon information acquired by an illegal search warrant invalid?
California, United States of America
What is the mental state of a defendant in a case of involuntary manslaughter?
California, United States of America
What is the test for establishing that a prior relationship between a client and a law firm prior to the disclosure of confidential information?
British Columbia, Canada
What is the test for making a personal injury claim?
British Columbia, Canada
What constitutes a payment made by one party to the other in an equitable mortgage?
Ontario, Canada
What is the burden of proof beyond a reasonable doubt?
California, United States of America
What is the effect of reducing the number of prospective jurors in criminal cases?
California, United States of America
What is the test for apportioning fault between a plaintiff and a defendant driver?
British Columbia, Canada
How have courts treated the issue of fault or blameworthiness in the context of a negligence claim?
British Columbia, Canada
What is the test for the definition of suicide in a medical malpractice case?
California, United States of America
Does Section 1252(b)(9) of the Civil Code of Civil Procedure apply to this court?
MultiRegion, United States of America
What is the test for a claim-of-right defense?
California, United States of America
Is a waiver of a right to silence unconditional?
Ontario, Canada
What is the appellant's burden to presume that the record contains every finding of fact?
California, United States of America
What is the test for supervised access in a final custody order?
British Columbia, Canada
What is the scope of review under section 2254(a) of the AEDPA for a habeas corpus petition?
MultiRegion, United States of America
Is a vehicle carrying insurance under the statutory limits an uninsured vehicle?
California, United States of America
What is the test for establishing a criminal street gang?
California, United States of America
What is the test for the exclusion of some potential jurors for cause in a murder trial?
California, United States of America
What is the limitation period under the current legislation?
British Columbia, Canada
What is the impact of the marriage of a deputy district attorney in the prosecuting attorney's office on a motion for a new trial?
California, United States of America
What is the test for a challenge that a statute is unconstitutionally vague?
MultiRegion, United States of America
What is the difference between a full oral hearing and a full written examination?
Ontario, Canada
Does the "rule of reason" test apply to review for abuse of power?
MultiRegion, United States of America
Is a prosecutor's summation to the jury prejudiced against appellant in a civil case?
MultiRegion, United States of America
What is the testator’s intent when making a will?
British Columbia, Canada
What is the current state of the law on "sideswitching" in civil litigation?
MultiRegion, United States of America
What is the test for an adjournment of a trial on the grounds that material witnesses are not available?
Alberta, Canada
Are there any cases where a plaintiff is able to claim damages from a defendant who is immune from liability?
MultiRegion, United States of America
Is a prosecutor improperly disparaging defense counsel by calling the defense's hiding the evidence theory a red herring?
California, United States of America
Is a plaintiff entitled to damages for loss of earning capacity?
British Columbia, Canada
What is the test for maintaining the status quo on an interim custody motion?
Ontario, Canada
In what circumstances will a jury be allowed to declare a mistrial?
MultiRegion, United States of America
What is the test for establishing a judicial impartiality?
Ontario, Canada
Does the good faith exception apply when determining whether there was probable cause?
MultiRegion, United States of America
What is the test for a motion for directed verdict under 548.1 of the Criminal Code?
Ontario, Canada
Is a defendant entitled to instruction on a theory of defense?
MultiRegion, United States of America
What is the test for a motion under section 3161(e) of the Criminal Procedure Act?
MultiRegion, United States of America
In what circumstances will a jury accept the recantation of a witness?
California, United States of America
What is the test for giving meaning to a word in a statute?
California, United States of America
How have courts treated wildlife collision cases?
British Columbia, Canada
What is the test for constructive trust in a claim of unjust enrichment?
British Columbia, Canada
Does plaintiff's claim under Section 1983 confer federal subject matter jurisdiction?
MultiRegion, United States of America
What is the test for unreasonable delay in advancing the application for a judicial review?
British Columbia, Canada
Does a presumption of resulting trust apply to a purchase or transfer of property?
Ontario, Canada
What is the test for consent to search a cell phone?
California, United States of America
Does violence need to be a required element in a civil action?
MultiRegion, United States of America
Does the substantial justification standard apply to a decision by an administrative law judge?
MultiRegion, United States of America
How have courts dealt with the issue of a beneficiary that had been murdered?
California, United States of America
What is the test for a jury to overturn a finding that the trial court's instruction was erroneous?
MultiRegion, United States of America
What is the standard of review of circumstantial evidence in an appeal?
California, United States of America
Is Bank of Montreal a factually distinguishable company from the Bank of Canada?
Ontario, Canada
Does the Attorney General have an obligation to reverse the judgment of Justice Trimble v Attorney General?
California, United States of America
What is the test for establishing a tort of negligent representation?
Ontario, Canada
Does a passage in the California Vehicle Code refer to the "mere act of driving a vehicle upon a public highway while intoxicated"?
California, United States of America
What is the test for an involuntary confession under the Fourteenth Amendment?
California, United States of America
What is the test for an insurer to refuse to settle a personal injury claim?
California, United States of America
What are the costs of a judicial review?
British Columbia, Canada
What is the standard of review for a claim of error in a trial court's response to a juror question?
California, United States of America
What is the test for a judge to determine which forum is the proper forum to determine a dispute?
Ontario, Canada
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Does a landlord have a duty to monitor and prevent the self-healing of a tenant's health and safety?
California, United States of America
What are the consequences of the trial court's failure to give instructions on the lesser included offenses of voluntary and involuntary manslaughter?
California, United States of America
What is the range of general damages in the case of the BCCA?
British Columbia, Canada
How has the record been interpreted in the context of an appeal?
California, United States of America
What is the current meaning of section 591 of the California Code of Civil Procedure on obstruction or interference with a telephone line?
California, United States of America
Is a defendant entitled to a restitution fine as part of his plea bargain?
California, United States of America
What is the significance of a passage in the Court of Appeal's Statement of Jurudence 656 referring to a failure to allude to difficulties in the evidence?
British Columbia, Canada
Is a clause in a mobile home contract requiring that the owner/landlord pay all insurance and property taxes enforceable?
British Columbia, Canada
Is it appropriate to consider surrounding circumstances when interpreting a contract?
British Columbia, Canada
What is the current state of the law when it comes to restricting the exercise of free speech on probation?
MultiRegion, United States of America
In what circumstances will a city be successful in its claim for declaratory relief?
California, United States of America
Can a jury infer that a defendant was aware of their guilt at the time of the crime?
California, United States of America
What is the burden of proof against a defendant for tax evasion?
MultiRegion, United States of America
In what circumstances will a plaintiff be able to bring a claim for wrongful termination under the California Workers' Compensation Act?
California, United States of America
What constitutes a criminal attempt to commit a carjacking?
California, United States of America
How does section 11370.4 of the California Code of Criminal Procedure apply?
California, United States of America
What is relevant and admissible in a case where a defendant claims to have acted in self-defense because of threats made against him by his own family and friends?
California, United States of America
Does section 654 of the California Criminal Code bar a subsequent felony prosecution in a case where no representative of the district attorney's office was present at the trial?
California, United States of America
Can a defendant confront prosecution witnesses at trial without violating his right of confrontation?
California, United States of America
Is there any case law where a defendant objected to the testimony of a mental health expert at trial?
California, United States of America
What is the test for filing a second amended complaint in a personal injury case?
MultiRegion, United States of America
Can a motion to quash be opposed in bad faith?
California, United States of America
How have courts dealt with the issue of home ownership issues in personal injury cases?
Ontario, Canada
In what circumstances have courts imputed income to the respondent where there is a failure to comply with the disclosure guidelines?
British Columbia, Canada
How does a trial judge determine a discount rate when calculating a lump sum of damages?
MultiRegion, United States of America
Is a trial court's inducement of a guilty plea sufficient to terminate a defendant's trial while the jury was deliberating his fate?
"New York", United States of America
Is an inquiry notice sufficient to trigger the statute of limitations?
California, United States of America
Does the doctrine of stare decisis apply to a rule of property?
California, United States of America
What are the requirements of a jury in a sexual assault case?
California, United States of America
Is there any case law where a defense counsel objected to the two point adjustment at the sentencing hearing?
MultiRegion, United States of America
What is the test for ordering a defendant to pay his or her attorney's fees?
California, United States of America
