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 test for a motion to amend a transcript to include material that is not included in the normal transcript?
California, United States of America
Are statements in the police report and the prosecutor's questions to Uzel not evidence?
California, United States of America
What is the test for dismissing a complaint for lack of subject matter jurisdiction?
MultiRegion, United States of America
What is the test for sentencing a defendant for assault with intent to commit a sex crime during the commission of a burglary?
California, United States of America
In what circumstances will the master calendar judge rule on an audio recording of a defendant pleading guilty?
California, United States of America
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error?
California, United States of America
What is the current state of the law on waiver of jury representation?
MultiRegion, United States of America
What is the test for pleading a claim in a personal injury action?
British Columbia, Canada
Is a defendant barred from challenging the validity of a probation condition in an appeal from the order granting probation?
California, United States of America
How has the objector been successful in his application for a judicial review?
California, United States of America
What is the effect of a motion to strike a prior conviction for assault?
California, United States of America
What is the test for determining whether a victim's economic loss is a result of the crime?
California, United States of America
What is the meaning of the words “shall render the policy void”?
Ontario, Canada
Does a jury need to be given instructions on aiding and abetting?
California, United States of America
What is the test for a motion to review an opinion by a reviewing court?
California, United States of America
What factors must a federal court consider to determine whether a defendant was a minor participant in a drug trafficking offence?
MultiRegion, United States of America
Is there any case law where an expert testified that the Vagos motorcycle club was a criminal street gang?
California, United States of America
Is a prosecutor's question and remarks about the failure to cross-examine witnesses "deceptive or reprehensible misconduct"?
California, United States of America
What is the test for a court to interpret section 29.4 of the California Penal Code in a criminal defendant's favor?
California, United States of America
Can a prosecutor argue reasonable inferences from the evidence presented?
MultiRegion, United States of America
Can a local government body be held liable for its failure to provide proper training for its employees?
MultiRegion, United States of America
Is a claimant substantially successful in her claim for damages?
British Columbia, Canada
What is the test for removing prospective jurors from a jury in a civil trial based only on race?
California, United States of America
Is there a fundamental right to be given notice of a specific charge in a criminal case?
MultiRegion, United States of America
Can an agency be deemed irrevocable unilaterally by the donor?
New Brunswick, Canada
In what circumstances will a defendant be found competent to stand trial?
California, United States of America
What is the test for establishing contributory negligence against a defendant in a motor vehicle accident?
British Columbia, Canada
Does an attorney representing a client on a charge leading to mandatory deportation need to tell the client that their plea carries a risk of deportation?
California, United States of America
Can a police officer enter a house and make an arrest without a warrant in a hot pursuit?
Manitoba, Canada
What is the test for giving a demurrer a reasonable interpretation?
California, United States of America
What is the appropriate course of action in this case?
California, United States of America
What is the test for a warrantless search?
MultiRegion, United States of America
What is the scope of a prospective easement?
British Columbia, Canada
What is the test for a lump sum order for support at the time of divorce and equalization?
Ontario, Canada
What is the test for a search of a vehicle by the California Highway Patrol?
California, United States of America
Does a no contact order and stay away order apply?
California, United States of America
Is there a permanent impairment arising from the accident?
Ontario, Canada
What factors will be considered in determining the outcome of a civil case?
Ontario, Canada
What is the current state of the law in Canada on a variation application?
British Columbia, Canada
What is the test for staying a sentence under section 654 of the California Criminal Code?
California, United States of America
What is the test for reducing child support based on high access costs?
British Columbia, Canada
What is the effect of the intention of the parties at the time of the purchase of the property?
British Columbia, Canada
What is the current state of the law on Miranda warnings?
California, United States of America
Are third party threats relevant to the credibility of a witness?
California, United States of America
Is it harmless error to admit that there is evidence that supports that a defendant is guilty of sexual assault?
MultiRegion, United States of America
Does section 186.22(b)(1)(C) of the Penal Code apply to a defendant who is convicted of a violent crime committed for the benefit of a street gang?
California, United States of America
Can a default judgment be issued against a defendant who fails to respond to a summons and complaint?
MultiRegion, United States of America
Does the statute of limitations apply to a borrower who alleges that he was defrauded by his bank?
California, United States of America
Is a policy or other instrument expressed to be made in pursuance of the Act?
Ontario, Canada
What is the test for a conspiracy to injure?
Ontario, Canada
What is the test for reversal of a jury verdict in a murder case?
California, United States of America
What is the test for habeas relief under the AEDPA?
MultiRegion, United States of America
Does a decision of abandonment need to be reviewed because the applicant has not yet obtained legal assistance?
Canada (Federal), Canada
In determining the lodestar of an attorney's fee, does the trial court have to identify all fees or hours it is allowing or disallowing?
California, United States of America
What is the test for a motion to suppress or quash expert testimony?
California, United States of America
What is the test for a com-mission of inquiry?
British Columbia, Canada
Does a defendant have a certificate of probable cause to develop evidence favorable to defendant for presentation at trial?
California, United States of America
How have courts dealt with the issue of a motion for a continuance?
California, United States of America
What is the test for having a child in a childless marriage?
Alberta, Canada
What is the standard of review for a restitution order?
California, United States of America
What is the test for defamatory statements to be made in a libel action?
Saskatchewan, Canada
Does the Court erred in failing to sentence defendant on counts 6 and 7?
California, United States of America
What are the legal principles for determining past loss of earning capacity?
British Columbia, Canada
Is relevant evidence admissible in a civil case?
California, United States of America
What is the test for awarding damages for psychological injuries that are not the result of physical injuries?
British Columbia, Canada
Does a separate separate bit of evidence need to be proved beyond a reasonable doubt?
MultiRegion, United States of America
What is the effect of a minor pleading guilty to a violation of section 32, accessory to a crime?
California, United States of America
Is a restriction on the possession of graphic material in prison a "neutral" regulation?
MultiRegion, United States of America
What is the test for a person claiming to be interested in real estate?
Saskatchewan, Canada
What is the test for the liberal construction rule in an insurance contract?
MultiRegion, United States of America
What is the range of aggravated damages for a plaintiff who was sexually harassed by a member of the Church of Scientology?
Manitoba, Canada
What is the test for restitutio in integrum?
British Columbia, Canada
How have the courts treated the issue of self-defence in a trespasser case?
MultiRegion, United States of America
Does Section 288.7, subdivision (b) of the California Penal Code require that a defendant committed an act of sexual penetration of the victim's anal opening for the purpose of sexual arousal, gratification, or abuse?
California, United States of America
Is latency a factor in determining when a plaintiff’s care needs to be provided by an occupational therapist?
Ontario, Canada
When will the court order consolidation of two separate actions?
British Columbia, Canada
What is the test of the rule of lenity?
MultiRegion, United States of America
What is the impact of social science literature on family law cases?
Ontario, Canada
What is the equitable remedy of a constructive trust?
British Columbia, Canada
How have courts addressed the issue of concurrent sentences under section 667.6, subdivision (c) of the California Penal Code?
California, United States of America
Does a defendant have a claim of contribution against other wrongdoers?
British Columbia, Canada
What are some cases dealing with post-arrest incarceration for the purposes of the Fourth and Fourteenth Amendment?
MultiRegion, United States of America
What is the test for a receiver to be appointed in a personal injury case?
California, United States of America
Does a non-advertised appointment process apply to a deputy minister of fisheries and Oceans?
Canada (Federal), Canada
What constitutes an assault when a man raises his hand against another man in a threatening manner?
Manitoba, Canada
What is the test for "constructive knowledge" in a motor vehicle accident case?
California, United States of America
What is the test for a plaintiff to prove that they have diminished capacity to earn income in the future?
British Columbia, Canada
What is the test for a class that is not a "properly certified" class?
MultiRegion, United States of America
What is the legal test for first degree murder?
California, United States of America
What is the test for a jury to convict a defendant of murder in a "special circumstance" where the accused was killed during a robbery and burglary?
California, United States of America
What is the test for obtaining a hard drive from a plaintiff’s home computer?
British Columbia, Canada
What is the burden of proving to be "disabled" in a disability claim?
MultiRegion, United States of America
What is the test for a solicitor to be awarded solicitor's client costs?
Alberta, Canada
What is the standard of review applied when procedural fairness is breached?
Canada (Federal), Canada
What is the standard for determining common issues in a sexual assault trial?
British Columbia, Canada
When will a jury reject a defendant's claim that trial counsel refused to object to the prosecutor's closing argument?
California, United States of America
What is the test for a defendant's right to be present at a trial?
California, United States of America
How have courts interpreted the Miranda warning?
California, United States of America
Is a motion for a new trial on the basis of newly discovered evidence disfavored?
MultiRegion, United States of America
What is the test for indigent status?
British Columbia, Canada
Is the exclusionary rule applicable to other defendants?
California, United States of America
How have the courts interpreted the rule that negotiable paper is good in the hands of a bona fide holder?
"New York", United States of America
What is the test for making a will?
California, United States of America
How has the federal government been successful in appealing from the preliminary injunctions issued under the Personal Injury Prevention Act?
MultiRegion, United States of America
What is the test to establish a Charter violation?
British Columbia, Canada
What is the test for enforceable easements of right of way?
Ontario, Canada
What is the test for "significantly unfair" actions?
British Columbia, Canada
What is the test for probable cause when stopping a pedestrian for questioning?
California, United States of America
What is the duty of care provided by the Health and Social Care Act?
British Columbia, Canada
What is the retroactive application of the medical marijuana defense?
California, United States of America
What is cause of action estoppel?
British Columbia, Canada
What is the value of lost future earning capacity for an injured person?
British Columbia, Canada
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder?
California, United States of America
What is the test for maintaining the status quo on an interim application?
British Columbia, Canada
What is the scope of a prosecutor's argument to the jury that a defendant's good character and his religious devotion are to be considered in aggravation?
California, United States of America
What is the test for determining whether the Court of Appeal has jurisdiction to hear an appeal from a bankruptcy judge?
MultiRegion, United States of America
What is the test for estoppel in res judicata?
Alberta, Canada
Can an injunction be used to protect a person from prosecution for the alleged commission of a criminal offence?
California, United States of America
What is the test for admissibility of evidence in civil cases?
California, United States of America
Is a derivative action not in the company’s best interests?
British Columbia, Canada
Does section 170.6 of the California Criminal Code require a written affidavit to prove that the disqualification of the judge assigned to hear the case is invalid?
California, United States of America
What is the test for applying section 15 of the Canadian Human Rights Code?
Canada (Federal), Canada
In what circumstances will a judge be found to have acted in a "judicial capacity" and in the complete absence of all jurisdiction?
MultiRegion, United States of America
What is the meaning of "unreasonable risk of danger to public safety" in section 1170.18(c) of the Ontario Penal Code?
California, United States of America
What is the element of mistake or lack of knowledge in a civil action brought by a defendant against a federal agent?
MultiRegion, United States of America
What is the consequence of a minor's failure to object to witness identification evidence?
California, United States of America
What is the scope of the Attorney General's prosecutorial authority?
"New York", United States of America
What is the test for dismissing a motion to dismiss a motion against a proper defendant?
MultiRegion, United States of America
Is child support a right that can be bargained away by either parent?
British Columbia, Canada
What is the current state of the law on the Miranda rights?
California, United States of America
What is the test for discharge in a motor vehicle accident?
MultiRegion, United States of America
Can a failure to advise a party about their apparent eligibility to apply for Section V benefits be excused?
MultiRegion, United States of America
How has the court interpreted the opinion of the Court of Appeal in deciding whether a retraction was published as conspicuously as a defamatory statement?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
In what circumstances will a prosecutor be permitted to use a defendant's statement at trial in breach of a prosecutor's promise not to do so?
California, United States of America
Is there any case law where a plaintiff’s solicitor failed to file a statement of claim until after the expiration of the limitation period?
Ontario, Canada
What is the standard for creating a reasonable doubt?
California, United States of America
What is the effect of defense counsel's vigorous pursuit throughout the trial of a potentially meritorious defense based on alleged discrepancies and inaccuracies in police reports?
California, United States of America
Is voluntary manslaughter included in the crime of Page 6 of the California Criminal Code?
California, United States of America
What is the test for "separate occasions" in sexual assault cases?
California, United States of America
What is the effect of having no knowledge of the relationship between her lover and her husband when she became pregnant?
Manitoba, Canada
In what circumstances will a jury be instructed on co-conspirator vicarious liability?
MultiRegion, United States of America
Does the Heck rule apply to an amended criminal complaint?
MultiRegion, United States of America
Does a prisoner have an objectively serious medical need?
MultiRegion, United States of America
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized?
British Columbia, Canada
What is the test for civil liberties in the United States?
Alberta, Canada
What is the test for a summary judgment motion in a family law case brought by Tyson and his mother?
Ontario, Canada
Does a defendant have the ultimate burden of proving eligibility for redesignation as a misdemeanor?
California, United States of America
Is a defendant's need for money relevant to show motive in a robbery case?
California, United States of America
What is the state of the law on disclosure of material at trial?
MultiRegion, United States of America
What is the test for obtaining an order to evict a tenant of a commercial property from a commercial landlord?
Saskatchewan, Canada
Can a witness be impeached with a conviction that necessarily involves moral turpitude?
California, United States of America
Can a jury consider whether a defendant has been drinking alcohol at the time of the crime?
California, United States of America
Can a state prisoner appeal a federal district court's denial of his writ of habeas corpus?
MultiRegion, United States of America
What is the test for admissibility under Rule 803 of the hearsay rule?
MultiRegion, United States of America
What is the legal test for dismissing a chapter 11 bankruptcy case "for cause"?
MultiRegion, United States of America
What is the test for a defendant seeking to challenge the sentencing of a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
Does the statute of limitations apply to sexual assault?
California, United States of America
When a public entity denies a minor's application for leave to present a late claim under section 911.6(b)(2) of the California Child Protection Act, does the minor have to file a petition under section 946.6 to challenge the denial?
California, United States of America
What is the threshold question in a personal injury action?
British Columbia, Canada
Can a motor vehicle be used as a vehicle for the purpose of stealing?
California, United States of America
What is the legal test for a motion to dismiss a complaint?
MultiRegion, United States of America
What is the test for an honest belief in a plaintiff's ability to locate the property line?
Ontario, Canada
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute?
California, United States of America
In what circumstances will the court rely on the declarations of three dissenting jurors in a motion for a new trial?
California, United States of America
What is the effect of the court's failure to appoint new counsel to develop a stronger motion for a new trial?
California, United States of America
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party?
California, United States of America
Is a trial judge's decision to limit cross-examination permissible?
MultiRegion, United States of America
What is the privilege against self-incrimination under the Fifth Amendment?
MultiRegion, United States of America
What is the test for a plaintiff to obtain a claim against a medical malpractice insurer?
MultiRegion, United States of America
Does the Court of Appeal have jurisdiction to determine judicial bias on appeal?
California, United States of America
What is the test for a judge to grant probation to a defendant who has been convicted of a sexual assault?
California, United States of America
What is the test for making submissions to costs in writing to BMO?
Ontario, Canada
Is a court's decision not to admit or exclude evidence reviewable for abuse of discretion?
California, United States of America
What is the test for determining whether a plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market?
British Columbia, Canada
What is the range of reasonable judgment in determining whether a rule application was unreasonable?
MultiRegion, United States of America
What is the burden of proving a cause of action?
California, United States of America
Does Section 1021.4 of the California Constitution provide attorney's fees for a sexual assault victim?
California, United States of America
What is the effect of a brief remark by an attorney to a jury in a civil case?
California, United States of America
Is a plaintiff entitled to a lump sum award for lost future earnings as a result of injury?
MultiRegion, United States of America
Can a defendant argue that a failure to preserve or preserve evidence in a criminal case is a denial of his right to a fair trial?
California, United States of America
What is the test for assessing damages in a moderate or moderately severe whiplash injury?
British Columbia, Canada
What is the test for establishing the first Strickland prong?
California, United States of America
Is a contract that defines a party as "identified party" or nominee void for uncertainty?
British Columbia, Canada
Is there a categorical match between the federal and state criminal statutes?
MultiRegion, United States of America
Does a default admit to a deficiency in the third amended complaint?
California, United States of America
What is the standard of care and skill required of a medical professional?
Ontario, Canada
How has the court in BC considered a disposition of assets before death as an estate planning tool?
British Columbia, Canada
What is the result of a summary judgment in a child support matter?
Ontario, Canada
What is the test for whether a complaint states a claim on which relief may be granted?
MultiRegion, United States of America
Does the prosecution need to sanitize its case by presenting only the most antiseptic evidence?
California, United States of America
In what circumstances will a plaintiff be able to bring an amended complaint in the absence of all intended defendants?
MultiRegion, United States of America
Is there any case law where a trial court committed an instructional error by removing an element of the crime of wiretapping from the instruction?
MultiRegion, United States of America
How are attorney fees recoverable as damages in a bad faith action?
California, United States of America
In what circumstances will a motion judge strike down a negotiated settlement agreement?
Ontario, Canada
What is the test for a warrant to search a residence pursuant to a warrant?
California, United States of America
Is a defendant entitled to a choice of counsel?
MultiRegion, United States of America
What remedies are available to an employer who fails to pay an employee their wages?
California, United States of America
Is there any case law where a court has considered prevailing party status for attorney fees?
California, United States of America
Is a public agency bound by the statute of limitations to bring a validation action?
California, United States of America
