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.
Is there a design immunity defense in the context of liability for injuries caused by the design of a construction of or improvement to public property?
California, United States of America
What is the test for "good cause" under section 425.16(g) of the California Anti-SLAPP Act?
California, United States of America
What is the legal test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the effect of section 47 of the California Civil Code on access to the courts?
California, United States of America
What is the effect of not calling a witness who can give evidence which it was in his power to give?
Saskatchewan, Canada
What is the test for making an equal protection argument?
California, United States of America
Is a pleading filed by a pro se prisoner as of the date the pleading was delivered to the prison authorities for mailing to the court clerk?
MultiRegion, United States of America
Does a refusal constitute a testimonial for purposes of the Fifth Amendment?
MultiRegion, United States of America
How have courts dealt with the sale of a property where the buyer has never understood the terms of the contract?
Manitoba, Canada
What is the test for a sudden quarrel or heat of passion murder?
California, United States of America
What is the current state of the law on privacy in the context of privacy rights?
California, United States of America
What is the city's position on a common law employee's right to terminate an employment relationship?
British Columbia, Canada
In what circumstances has the Law Society of BC suspended or ordered the respondent to pay costs for professional misconduct?
British Columbia, Canada
What are the circumstances in which special costs may be ordered in a personal injury action?
British Columbia, Canada
What is the test for admitting evidence that a defendant had a propensity to commit sexual acts against underage girls?
California, United States of America
What are the implications of a federal district court's refusal to certify a class action?
MultiRegion, United States of America
What are the three elements of a traffic law violation?
California, United States of America
What is the test for negligence in the context of medical malpractice?
Saskatchewan, Canada
What is the effect of sentencing errors in sentencing for dissuading a witness?
California, United States of America
What is the test for serious impairment in a plaintiff's daily life?
Ontario, Canada
What is the test for determining restitution in a civil case where a defendant has been convicted on some criminal charges but has not been sentenced to jail?
California, United States of America
What is the basis for penalty assessments in the minutes and abstract of judgment of a motor vehicle fine?
California, United States of America
Can a visa officer assess experience relevant to the employment intended to be pursued in Canada?
Canada (Federal), Canada
Does a defendant have a right to represent himself in court?
California, United States of America
What is the current state of the law at the BC's sexual assault tribunal?
British Columbia, Canada
What is the meaning of s. 35 (c) of the Canadian Civil Rights Act?
British Columbia, Canada
What is the standard of proof in a first degree felony murder case?
California, United States of America
What is the test for acquitting a defendant if the jury finds that circumstantial evidence is susceptible to two interpretations?
California, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
How have attorney fees been apportioned in a personal injury case?
California, United States of America
Does a defendant have forfeited any right to challenge the instruction of a jury?
California, United States of America
Can a defendant in custody give a spontaneous confession?
"New York", United States of America
What is the standard for determining whether to accept or reject evidence in a sexual assault case?
British Columbia, Canada
Can a district court assess attorneys' fees against a debtor under section 1692k(a)(3) of the Mental Health Act?
MultiRegion, United States of America
Does a marriage agreement have to be included in a Will?
British Columbia, Canada
What is the debtor's final defense?
MultiRegion, United States of America
Does Section 5G1.1.3 of the Criminal Code apply to sentencing a defendant to two consecutive sentences?
MultiRegion, United States of America
Does a no-gang contact probation condition need to be considered?
California, United States of America
What is the test for admissibility of testimony in a civil case?
"New York", United States of America
What is the test for dispelling an expert’s charges?
British Columbia, Canada
What is the test for an "imminent peril" in a motor vehicle accident?
California, United States of America
Does an attorney at law who was a partner in the practice of his profession have any authority to bind the firm by becoming parties to a negotiable instrument?
"New York", United States of America
What is the test for divorce when a spouse is found guilty of a condoned matrimonial offence?
Saskatchewan, Canada
What constitutes a dangerous condition for failure to post a stop sign at a busy intersection?
California, United States of America
What is the effect of overlapping class actions?
British Columbia, Canada
What is the test for a motor vehicle licence holder to obtain a licence to drive without a license?
British Columbia, Canada
How much is a plaintiff entitled to in damages?
British Columbia, Canada
How have the courts interpreted a waiver declaration in the context of criminal history?
California, United States of America
Does a defendant have a constitutional right to seek personal counsel for a motion seeking to amend his criminal record under section 2255 of the Criminal Code?
MultiRegion, United States of America
What is the current state of the law in cases involving insanity and insanity?
MultiRegion, United States of America
What is the test for inadmissible accounts in a personal injury case?
British Columbia, Canada
What is the effect of delaying access to the courts for a theoretical argument?
Northwest Territories, Canada
When a demurrer is sustained without leave to amend, can the petitioner advance on appeal a new legal theory why the allegations of the petition state a cause of action?
California, United States of America
Can "serious and willful misconduct" under section 533 of the California Civil Code be considered a form of wilful misconduct?
California, United States of America
What are the elements of the tort of knowing assistance in the breach of a fiduciary duty?
Ontario, Canada
What is the test for a jury to deliver a verdict that is not supported by the evidence?
California, United States of America
Does a conviction for kidnapping for the purpose of robbery support a conviction under section 654 of the California Criminal Code for moving a robbery victim a distance beyond the intended location?
California, United States of America
What is the test for "of more than unusual difficulty"?
British Columbia, Canada
Is understanding the effect of a personal injury agreement sufficient to satisfy the requirement for independent legal advice?
British Columbia, Canada
What is the test for establishing substantial prejudice in a claim for wrongful dismissal?
California, United States of America
What is the test for determining causation?
British Columbia, Canada
Does the crime of stealing property from the person, even if the value of the property is low, need to be treated as a felony rather than a petty theft?
California, United States of America
Can a defendant be convicted of receiving stolen property?
California, United States of America
Does a court order or an agreement regarding contribution to section 7 expenses in a child support case require a party to contribute to the expenses?
Ontario, Canada
What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence?
Alberta, Canada
What is the effect of the failure of the accused to testify in their own defence?
Ontario, Canada
What is the test for construating terms “reasonable in the circumstances” in the context of section 43 of the Criminal Code?
British Columbia, Canada
What is the current state of the law on border searches?
MultiRegion, United States of America
What is the sua sponte duty of a trial court to instruct a defendant on a defense of kidnapping during the commission of a murder?
California, United States of America
What is the test for establishing a reasonable doubt in a sexual assault case?
California, United States of America
What is the legal test for aiding and abetting?
California, United States of America
What is the burden to establish an abuse of discretion on appeal?
California, United States of America
Is there any case law where a plaintiff has been found to have inconsistencies in his testimony?
MultiRegion, United States of America
Is a failure to readvise an unrepresented defendant of their right to counsel under section 987, subdivision (a) prejudicial?
California, United States of America
Can a defendant be punished for more than one crime?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a defendant who did not object to a probation condition at sentencing raise a challenge to that condition on appeal?
California, United States of America
Does the rule of liberal construction apply in civil rights cases?
MultiRegion, United States of America
Is a form prepared by a police community support officer excludable under the hearsay rule?
MultiRegion, United States of America
Under section 70.25(2) of the New York State Criminal Code, under what circumstances will sentences for two or more offences run consecutively?
"New York", United States of America
In what circumstances will a defense counsel be required to consult with outside medical experts at trial?
"New York", United States of America
What is the test for determining whether a sentence is too severe?
MultiRegion, United States of America
Does the doctrine of ordinary care need to be considered by the court or jury?
California, United States of America
What is the definition of a bodily injury?
California, United States of America
What is the test for dismissing a complaint for failure to comply with an order of the court?
MultiRegion, United States of America
Is there any legal or logical reason why one defendant, where substantial evidence has been introduced to sustain his conviction, should be exonerated and allowed to escape punishment for his crime?
California, United States of America
What is the test for inadmissible gunshot residue evidence in a civil case?
California, United States of America
Are prior and at the time of purchase declarations admissible as evidence for or against the party who made them?
British Columbia, Canada
What is the test for cross-examination in an extradition proceedings?
British Columbia, Canada
Is an attorney's dealings with a client considered to be those of a trustee with his beneficiary?
California, United States of America
What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion?
California, United States of America
What is the test for disclosure of evidence in a civil case?
California, United States of America
What is the test for an intentional lie under the False Claims Act?
MultiRegion, United States of America
What is the test for unanimity in a motion where a defendant is convicted of a single discrete crime?
California, United States of America
What is the legal test used to determine whether a jury has been misdirected in the trial of a defendant?
California, United States of America
How have the courts dealt with allegations that the police knew that a witness could testify to the defense?
California, United States of America
What is the test for a claim of conspiracy under section 1983 of the Federal Trade Commission Act?
MultiRegion, United States of America
Does a probable cause finding necessarily preclude challenges raised to the veracity of the arresting officer?
California, United States of America
Can a juror be found to have improperly obtained personal information about a defendant prior to their trial?
California, United States of America
Does the equitable rule apply to fees paid by the common fund?
California, United States of America
Can a search warrant be used to search for cash, jewelry, bonds and notes obtained through a fraud scheme?
MultiRegion, United States of America
What is the test for a felony elder abuse charge?
California, United States of America
What is the test for dismissing an indictment for preindictment delay?
MultiRegion, United States of America
Can a taxpayer bring a civil action to restrain or prevent an illegal expenditure of public money?
California, United States of America
Does a defendant have a right to an instruction that pinpoints the theory of the defense?
California, United States of America
Can Rule 37 of the Rules 37 global offer to settle multiple actions heard together?
British Columbia, Canada
Can a sentencing court rely on evidence from a separate trial for sentencing purposes?
MultiRegion, United States of America
Does a judge have the power to stay imposition of sentence and execution on the enhancements to the original sentence?
California, United States of America
What is the effect of designation of a conviction under Count 1 as a misdemeanor under section 1170.18 of the California Criminal Code?
California, United States of America
Does the doctrine of defense constitute a "theory of defense" instruction to the jury?
MultiRegion, United States of America
What is relevant evidence in a personal injury case?
California, United States of America
Can a judge strike down an indefinite order to stay away from the victim?
California, United States of America
Can an order for advance payment of damages under Rule 18A be made?
British Columbia, Canada
What is the test for the doctrine of reasonable doubt?
California, United States of America
Can a landlord obtain a judgment for possession of a property obtained by the landlord in an unlawful detainer action?
MultiRegion, United States of America
What is the effect of a medical report by a forensic pediatrician on a murder conviction?
California, United States of America
In what circumstances will a federal court grant deference to a jury in a case where the jury was found unfit to stand trial?
MultiRegion, United States of America
What are the consequences of an inmate spitting on, or throwing bodily fluid at an officer?
California, United States of America
Can a judge refuse to sever on a defendant's motion?
California, United States of America
What is the test for demurrer in a personal injury case?
California, United States of America
What is the test for removing an action from a state court to federal district court?
MultiRegion, United States of America
Can a prosecutor's error infect a trial with unfairness and invalidate a defendant's trial?
California, United States of America
What are the principles to be considered in determining a claim for loss of future earning capacity?
British Columbia, Canada
What is the test applied at the summary hearing of an allegation of sexual assault?
Ontario, Canada
What are the consequences of a retrial of a second degree murder charge?
California, United States of America
What are the implications of a federal court's interpretation of sentencing guidelines de novo?
MultiRegion, United States of America
What is the test for attacking the validity of a search?
California, United States of America
What is the burden of showing that a matter is re-opened?
British Columbia, Canada
Can a defendant be ordered to stay away from the crime victim while on probation?
California, United States of America
Is a search warrant valid for the search of defendant's car?
California, United States of America
What are the elements of a battery claim?
California, United States of America
Can a city refuse access to a private property for safety reasons?
Saskatchewan, Canada
Is there any case law where a defendant was denied the effective assistance of counsel by a defense attorney who advised against a probation recommendation to sentence him to prison?
California, United States of America
Can a court compel a municipality to open a original road allowance and make it fit for being travelled upon as a public highway?
Saskatchewan, Canada
When a borrower defaults on payment of a loan that is secured by a deed of trust on real property and sells the property for less money than the debtor owed, can the creditor seek a deficiency judgment against the debtor for the balance of the debt?
California, United States of America
Does solicitor-client privilege last beyond the death of the client?
British Columbia, Canada
What is the test for relative and qualifying words in a statute?
"New York", United States of America
Can a trustee who is in an adversarial position towards a co-trustee or beneficiary be removed from charge of the trust property?
Ontario, Canada
What is the test for a motion to suppress evidence in a civil case?
California, United States of America
When is a commercial operator's duty to recopying copy work?
Saskatchewan, Canada
What is the test for abridging a prisoner's civil rights as a result of medical malpractice?
MultiRegion, United States of America
What is the back of the Appeal Book and Compendium?
Ontario, Canada
What is the test for a concurrent sentence under section 654 of the California Criminal Code?
California, United States of America
What is the test for determining whether a Secretary of State acted within his authority or capricious or abuse of authority in making a decision that would otherwise have been overturned?
MultiRegion, United States of America
How have the courts interpreted the meaning of the word "sexually diverse" in the definition of sex discrimination?
Ontario, Canada
What is the quantum of damages for libel and slander against the Church of Scientology?
Ontario, Canada
If a parole board member is granted immunity from prosecution in a criminal case, what is the effect of that immunity?
MultiRegion, United States of America
What is the standard of deliberate indifference by a prison officer in a case of medical malpractice?
MultiRegion, United States of America
Can a defendant challenge the imposition of a restitution fine outside of the parameters of his plea bargain?
California, United States of America
Is there substantial evidence on the issue of innocent intent sufficient to alert the trial judge?
California, United States of America
Can a defendant argue that his girlfriend's "excited utterance" was not enough to satisfy due process?
California, United States of America
What is the test for establishing a cause of action under res judicata?
California, United States of America
Does a plea of guilty necessarily include a waiver of the right to a trial by jury?
California, United States of America
What is the applicable general rule for interpretation of contracts generally?
California, United States of America
What is the appropriate sentence for a defendant who commits sexual assault against a minor under the age of 14 where there is substantial age disparity between the offender and the minor victim?
California, United States of America
What are a beneficiary's rights to sue a trustee for breach of trust?
California, United States of America
Is a defendant's conviction for assault to be overturned for prosecutorial misconduct?
California, United States of America
What is the difference between voluntary manslaughter and involuntary manslaughter?
California, United States of America
What is the difference between a shedded pier and an unshedded pier?
"New York", United States of America
What constitutes reversible misconduct in a criminal case?
California, United States of America
What is the current state of the law on bribery?
MultiRegion, United States of America
What is the burden of establishing supervised access?
Ontario, Canada
Does a demurrer to a malicious prosecution complaint need to be sustained while an appeal is pending?
California, United States of America
What is the legal test for fleeing from the scene of a crime?
California, United States of America
Does the factor of racial discrimination play any part in the actions of the judge, jury or counsel?
California, United States of America
Can a defendant appeal against his conviction for aiding and abetting the manufacture of a drug that was supplied by a government agent?
MultiRegion, United States of America
What is the standard of review for a challenge to the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the current state of the law on new evidence in a judicial review?
British Columbia, Canada
What is the test for "serious medical treatment" for a prisoner?
MultiRegion, United States of America
What is the test for excluding evidence in a personal injury trial?
California, United States of America
How has the Fraser Health decision been interpreted in other circumstances?
British Columbia, Canada
What is the effect of a foreign prosecutor’s impartiality in the context of an extradition hearing?
British Columbia, Canada
What is the test for challenges to instructions in a personal injury case?
California, United States of America
What is the test for enforceability of a Credit Offer?
British Columbia, Canada
Can a vendor of an alcoholic beverage be held liable for injuries sustained by a customer as a result of intoxication?
California, United States of America
How have the courts dealt with a timely notice of appeal?
California, United States of America
What is the standard of review for a motion to suppress evidence?
California, United States of America
Can a criminal appeal be appealed from a final judgment of conviction?
California, United States of America
What is the current state of the law in the context of "custodial interrogation"?
MultiRegion, United States of America
What are the elements of entrapment?
MultiRegion, United States of America
Can a lessor be held liable for breach of a covenant by an independent contractor?
Saskatchewan, Canada
What is the effect of a brief remark by an attorney to a jury in a civil case?
California, United States of America
What is the test for determining whether a personal injury settlement is taxable or severance pay?
MultiRegion, United States of America
What is reasonable or due diligence?
California, United States of America
In what circumstances will a judge order a lump sum payment to reimburse a wife for past accounting and legal expenses?
British Columbia, Canada
Is there substantial evidence supporting defendant's conviction for forcible lewd acts where he grabbed the victims' hands and forced them to touch his genitals?
California, United States of America
Does a district court's denial of a proposed jury instruction review de novo or for an abuse of discretion?
MultiRegion, United States of America
What is the burden of proving inadequate in a request for a transcript?
California, United States of America
Does the police have to renew the Miranda warning given to a defendant?
California, United States of America
Does a decision to freeze the residence of a defendant be supported by probable cause?
California, United States of America
What is the test for a writ of error to vacate a conviction for the crime of murder in the first degree with a recommendation of life imprisonment?
"New York", United States of America
Is an executor entitled to indemnity for costs and expenses incurred by the executor in the course of the administration of the estate?
Manitoba, Canada
What is the test for rebutting the presumption of a resulting trust?
Saskatchewan, Canada
What is the effect of having to change the reasons for a worker’s unemployment?
British Columbia, Canada
What is the test for appealing against a conviction under section 654 of the California Criminal Code for sexual assault?
California, United States of America
What is the current state of the motor and the gear in the vehicle?
Saskatchewan, Canada
What is the test for a motion to review an order in which an alien has failed to take an administrative appeal?
MultiRegion, United States of America
What is the test for remanding a defendant to a different district judge?
MultiRegion, United States of America
Can a joint tenant of the matrimonial home claim occupational rent?
Saskatchewan, Canada
What is the test for making a spontaneous and unreflective statement?
California, United States of America
