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.
Does the Attorney General have jurisdiction to issue a new Miranda waiver?
California, United States of America
Is a juror declaration inadmissible when one or more jurors failed to follow the trial court's instructions?
California, United States of America
What is the effect of the sentencing reform act on appellate review of federal sentences?
MultiRegion, United States of America
What is the test for determining if a claim is valid or invalid?
California, United States of America
What is the test for reasonable expectations and proportionality analyses in the context of litigation?
Ontario, Canada
What is the test for striking out a statement of claim?
Saskatchewan, Canada
What is the totality of the circumstances and what is the test for determining if a defendant has known for a long period of time that they may have committed acts that were reasonably likely to elicit incriminating responses?
MultiRegion, United States of America
What is the standard of care applicable in cases of misstatement?
British Columbia, Canada
What is the “essence” of the test for determining whether a claimant had pursued the driver as resolutely and resourcefully as they would have done if the claimant intended to pursue any right of action arising out of the accident?
British Columbia, Canada
What is the test for establishing that a party to a motion has a valid claim against the petitioner in a civil case?
MultiRegion, United States of America
Can a manager of a limited liability company be held liable for breach of contract or fiduciary duty?
California, United States of America
What is the standard applied by a court to grant a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
Can a successful party who has given a willfully dishonest evidence deny the denial of costs?
British Columbia, Canada
What factors must a jury consider at the penalty phase?
California, United States of America
What is the test for a plaintiff's Charter claim?
Ontario, Canada
What is the test for equal division of property?
British Columbia, Canada
In what circumstances will a defendant be allowed to represent himself at trial?
California, United States of America
Is a statutory interpretation of the possession of PCP dangerous enough to cause death?
California, United States of America
Is a purchaser required to inspect and discover a patent defect?
British Columbia, Canada
What is the presumption that a new law lessening criminal punishment or reducing criminal liability applies to all cases not yet final on appeal?
California, United States of America
What are some cases where the US Supreme Court has ruled in favour of an individual who was denied a right to sue on the basis of his own privacy?
MultiRegion, United States of America
What is the current state of the law on tight handcuffing?
MultiRegion, United States of America
Is a date of possession an essential term?
"New York", United States of America
Does the principle of estoppel apply to deny an executrix the defence of the limitation period if the executrix has not delivered the notice of application for probate?
British Columbia, Canada
What is the effect of double costs on settlement negotiations?
British Columbia, Canada
Can a common law partner who provides housekeeping and child care services for the other spouse claim unjust enrichment?
British Columbia, Canada
What is the impact of having to refer a complaint to a committee of inquiry for professional misconduct?
Saskatchewan, Canada
Does the harmless error rule apply to a coerced confession?
MultiRegion, United States of America
What is the test for an award of s. 7 expenses under s.7 of the Child Support Guidelines?
British Columbia, Canada
What is the test for premeditation and deliberation in the context of murder?
California, United States of America
What are the reasons given by the Court of Appeal in the Rectification Petition?
British Columbia, Canada
What is the relevant case law in the context of sexual assault cases?
California, United States of America
Is a court's application of the law to the facts reversible only if it is arbitrary and capricious?
California, United States of America
How have courts dealt with an action for wrongful death against both the driver of a vehicle and the owner of the vehicle?
California, United States of America
What is the burden of proving beyond a reasonable doubt on causation in a murder case?
California, United States of America
Is it necessary for a plaintiff to prove that loss of future income is probable?
British Columbia, Canada
What factors will be considered by the Court in deciding whether to grant a motion to remove the mother of her children?
Ontario, Canada
What is the test for certifying a motion for personal injury?
Ontario, Canada
What is the current state of the law in relation to police identification procedures?
MultiRegion, United States of America
What is the legal test for adjourning a trial?
British Columbia, Canada
Does a jury have to be told that if it returns a death verdict, the sentence of death will inexorably be carried out?
California, United States of America
Does a prosecutor's improper comment on defendant's courtroom conduct affect the outcome of a jury trial?
California, United States of America
What is the effect of provincial legislation on the status of Indians?
British Columbia, Canada
What factors will be considered by a Law Society of BC disciplinary panel in determining the appropriate disciplinary action?
British Columbia, Canada
What is the test for determining whether a defendant possessed the requisite intent to kill?
California, United States of America
What is the standard for a jury charging a jury in a joint trial where out-of-court statements are tendered?
Saskatchewan, Canada
What is the burden of proving there was abuse of discretion in denying a motion to terminate a restraining order?
California, United States of America
What is the test for a search warrant in a narcotics commitment case?
California, United States of America
What is the test for interpreting instructions in a personal injury case?
California, United States of America
What is the test for reimbursing a plaintiff's defense costs?
MultiRegion, United States of America
In what circumstances will counsel request our review of the record for error?
California, United States of America
What is the reason why a defendant is denied evidence of a prior sexual assault?
California, United States of America
Can a recommendation of dismissal be made in a pro se prisoner's civil action for failure to file a conforming complaint?
MultiRegion, United States of America
Is expert testimony allowed to help the jury understand the structure of a criminal enterprise?
MultiRegion, United States of America
What is the test for reversal of a judgment in a personal injury case?
California, United States of America
What is considered to be an involuntary confession in a criminal case?
California, United States of America
Is annexation procedure pursuant to the Fourteenth Amendment or the California Constitution equal protection provisions?
California, United States of America
What is the test for determining attorney's fees in a civil rights case?
MultiRegion, United States of America
What is the test for an Eighth Amendment claim challenging conditions of confinement in a maximum security prison?
MultiRegion, United States of America
Under what circumstances can a defendant challenge the veracity of an affidavit supporting a search warrant based on official misconduct?
California, United States of America
What are the reasons given to the Applicant and Respondent in the Hutchison-Perry case?
Ontario, Canada
When can a police officer withdraw blood from the blood of a suspect under the exigent circumstances theory?
California, United States of America
What is the test for a knowing and voluntary waiver of an individual's right to appeal?
MultiRegion, United States of America
What is the legal test for specific intent in a murder case?
California, United States of America
Is there any evidence that counsel ever discussed a bifurcated process?
Newfoundland and Labrador, Canada
What are the two ground of a federal habeas application?
MultiRegion, United States of America
What is the test for a maintenance order?
Alberta, Canada
Does a no contact order and stay away order apply?
California, United States of America
When will a defendant bring a claim of ineffective assistance of counsel to the Court of Appeal?
California, United States of America
What is the test for probable cause in a felony preliminary hearing?
California, United States of America
Is ICF's baseboard and door casing work of reasonable quality and met industry standards?
British Columbia, Canada
What is the test for privilege in the context of privilege at bar?
British Columbia, Canada
Can a crime not be found gang related?
California, United States of America
What is the definition of unue influence?
British Columbia, Canada
Is there a statute increasing the term for second degree murder when a shooting is committed by shooting from a vehicle?
California, United States of America
Is a third party tenant permitted to occupy the Leased Premises?
Ontario, Canada
Can common law be used as a substitute for the common law?
Alberta, Canada
What rights does a detained person have to consult counsel on a search warrant?
Canada (Federal), Canada
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases?
California, United States of America
Is a strata corporation obligated to maintain and repair common property and common assets to a standard of reasonableness?
British Columbia, Canada
Can an applicant reapply for a determination of catastrophic impairment under the same criterion or his condition changes over time?
Ontario, Canada
What are some cases where a trustee has been found to have engaged in fraudulent conduct?
British Columbia, Canada
What is the test for proportionality in disclosure of documents?
Newfoundland and Labrador, Canada
Can a jury be instructed on the consequences of failing to reach a unanimous verdict in the second degree?
California, United States of America
Does the lingering doubt defense need to be presented to the jury?
California, United States of America
Can a judge retroactively strike a serious felony enhancement in furtherance of justice?
California, United States of America
What are the rights of an inmate to exercise religious freedom?
MultiRegion, United States of America
What is the test for an aider and abettor of an attempted murder charge?
California, United States of America
What are elements of drug conspiracy under 21.1,000 kilograms of marijuana?
MultiRegion, United States of America
What is the standard of review for a writ of habeas corpus application brought by a defendant who was convicted of assault because of comments made by a prosecutor?
MultiRegion, United States of America
Does a lesser included instruction need to be given when there is no evidence that the charge is less than that charged?
California, United States of America
What is the legal test for calculating future loss of earnings as a result of a loss of capital assets?
British Columbia, Canada
What is the test for wilful misconduct in a motor vehicle accident?
California, United States of America
Does the prosecution have to keep "periodic tabs" on every material witness in criminal cases?
California, United States of America
Is there any case law in support of a claim that medical malpractice is a form of malpractice?
MultiRegion, United States of America
How have courts dealt with inconsistencies in the chain of custody at a crime laboratory?
California, United States of America
Is a driver's failure to produce a license presumptive evidence that he was not duly licensed?
MultiRegion, United States of America
What is the effect of section 654 of the California Code of Criminal Procedure when a defendant is convicted of a single crime?
California, United States of America
When will a jury strike a jury notice in a medical malpractice case?
British Columbia, Canada
What is the consequence of a finding of perjury in an affidavit?
California, United States of America
What is the effect of section 12022(b)(1) of the California Criminal Code on a person who personally uses a deadly or dangerous weapon in the commission of a felony?
California, United States of America
Is an arrest warrant an instrumentality in pleading?
California, United States of America
Does a party have to sign the Rules of Arbitration Agreement or must it be signed by the parties' solicitors?
Ontario, Canada
What is the test for obtaining a judgment in favour of a plaintiff in a personal injury case?
California, United States of America
What is the test for obtaining a search warrant?
California, United States of America
Is there prosecutorial misconduct to misstate the applicable law during argument to the jury?
California, United States of America
In what circumstances will a court order suppression of statements made by a police officer under section 3303 of the Civil Procedure Code?
California, United States of America
Does Montague have an evidentiary hearing in his objection to the magistrate judge's report and recommendation to plead guilty?
MultiRegion, United States of America
How have the courts dealt with the appeal from an order confirming an arbitration award?
MultiRegion, United States of America
What are the implications of the First Amendment right of an inmate to file a grievance?
MultiRegion, United States of America
What are some cases dealing with a motion to strike a jury notice?
Nova Scotia, Canada
What is the legal basis for a motion for recusal on the basis of reasonable apprehension of bias?
Ontario, Canada
What is the range of damages for psychological injuries in a motor vehicle accident case?
Ontario, Canada
Is it appropriate and even a practice to permit the opposing party to call reply evidence in a personal injury case?
Ontario, Canada
Can a defense counsel refuse to assign a prosecutor's brief comment as misconduct?
California, United States of America
What is the meaning of a Release in a Release?
British Columbia, Canada
What is the effect of text messages on a police report?
California, United States of America
What are the implications of a property law case in which a party is not entitled to a tax return because they do not have an actual property?
British Columbia, Canada
Can an action for recovery of land include setting aside the title of the registered owner?
Saskatchewan, Canada
What is the burden of proving an informer to a jury?
California, United States of America
Does a tenant have to do equity by paying rent before raising the equitable defense of retaliatory eviction?
California, United States of America
What is the test for demurrer in a personal injury case?
California, United States of America
Is there a just and equitable award for a testatrix who failed to provide adequate provision for her son?
British Columbia, Canada
What is the test for a cause of action for medical malpractice?
California, United States of America
What are the elements of a provocative act of murder?
California, United States of America
What is the burden of establishing by a preponderance of the evidence that a defendant's confession was voluntary?
California, United States of America
Can opposing counsel be removed from the witness box?
Ontario, Canada
What is the onus on employers to be aware of and observe the minimum legislative requirements respecting employment?
British Columbia, Canada
What is the test for granting a continuance under Rule 9006(b)(1) of the Bankruptcy Code?
federal, United States of America
Is there any case law where the testimony of a witness was not prejudiced or prejudiced by the district attorney?
California, United States of America
What are the consequences of a conversation between a murder suspect and his accomplice discussing how to escape from the scene of the crime?
California, United States of America
Can a defendant, after pleading guilty to a misdemeanor, challenge on appeal a motion to dismiss on constitutional or statutory speedy trial grounds?
California, United States of America
What is the current state of the law on the right to picket?
British Columbia, Canada
What constitutes sufficient notice and reasonable time to make a defense?
"New York", United States of America
What is the test for exclusion of prejudicial evidence in a sexual assault case?
California, United States of America
What is the sufficiency of a complaint?
California, United States of America
Is common law spouses exempt from the spousal incompetency rule?
Ontario, Canada
What is the burden of challenging attorney fees as excessive because too many hours are claimed?
California, United States of America
What is the current state of the law in relation to privacy issues?
Ontario, Canada
In what circumstances will a motion to dismiss based on qualified immunity be dismissed?
MultiRegion, United States of America
Is a conviction and punishment for burglary a separate punishment for the crime of entering into a inhabited location with the intent of committing a felony?
California, United States of America
Does the use of "a witness" in the context of immunized testimony constitute self-incrimination?
MultiRegion, United States of America
What is sufficient to convict a defendant of knowing participation in an established conspiracy?
MultiRegion, United States of America
Is a motion to enter a plea of not guilty by reason of insanity reviewed for abuse of discretion?
California, United States of America
How have courts interpreted the words in the grant of the right-of-way?
Ontario, Canada
What is the test for establishing that evidence in a civil case is the product of illegal activity?
California, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
Does Section 1192.7, subdivision (c) of the California Criminal Code apply to a defendant who has committed a serious felony under the Criminal Code?
California, United States of America
What is the date of accrual of a right to petition to compel arbitration?
California, United States of America
What is the burden of proving that a habitual offender has not been sentenced to a life sentence?
California, United States of America
What is the test for determining whether a weapon is a deadly weapon?
California, United States of America
What is the defence of failing to explain why a test for penetration has failed?
Alberta, Canada
Does a supervisor have to be held liable for the actions of his or her employees?
MultiRegion, United States of America
Is a plaintiff unable to mitigate his damages by purchasing a substitute home?
British Columbia, Canada
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence?
California, United States of America
Does an amendment to the pleadings of a motion requiring a party to be served with a summons apply to a defendant?
California, United States of America
Can a plaintiff bring a motion to dismiss the complaint for failure to state a claim?
MultiRegion, United States of America
What constitutes a lewd act under section 288 of the California Lascivious Act?
California, United States of America
What is the test for using s. 10(b) of the Charter to argue that the amended provisions in the Charter do not violate section 8(b)?
British Columbia, Canada
Can a plaintiff plead negligence in a claim for medical negligence?
California, United States of America
Can a search warrant be used to search a car containing marijuana?
California, United States of America
What is the test for a plaintiff who seeks to hold a prison official liable for deliberate indifference?
California, United States of America
What factors will the court consider in determining whether or not to convict appellant of a charge of assault based on uncharged conduct?
California, United States of America
What is the test for determining whether causation can be drawn even in the absence of positive or scientific proof?
Ontario, Canada
Is Item 50.00 of the BC SPCA an arbitrary or discriminatory policy?
British Columbia, Canada
What is the test for a motion to dismiss a complaint where the allegations in the complaint are too vague to state a cognizable claim for relief?
MultiRegion, United States of America
How have the courts applied SCCR 7-1(3) and (4) to motor vehicle accident claims?
British Columbia, Canada
Does a motor vehicle accident result in injury?
British Columbia, Canada
What is the test for total and permanent disability?
MultiRegion, United States of America
Is there any case law where a defendant's attorney has not complied with his responsibilities and no arguable issues exist?
California, United States of America
What are the strict liability instructions in a motor vehicle accident case?
MultiRegion, United States of America
What is the law on the distinction between discrete crime and discrete crime?
California, United States of America
What is the test for an expert's opinion in a medical malpractice case?
California, United States of America
Can a minor be an accomplice to a crime?
California, United States of America
Does the Attorney General's general statement that confidential information is frequently used in such cases violate constitutional protection?
MultiRegion, United States of America
What is the test for obtaining a search warrant for an assault rifle?
California, United States of America
Is there any difference between a libel action and a similar media action?
British Columbia, Canada
What is the test for "controlling weight" in medical opinion?
MultiRegion, United States of America
What is the substantial evidence standard of review applied to a court's determination about presumed father status?
California, United States of America
Does reasonable cause and probable cause overlap with reasonable cause?
"New York", United States of America
What is the test for determining liability as an aider and abettor of a robbery?
California, United States of America
What are the proper filing dates for a prisoner's habeas corpus petition?
MultiRegion, United States of America
Is #100 entitled to recovery of the duplicate certificate of title by #100?
British Columbia, Canada
What is the effect of the expansion of the City of Regina on the value of a parcel of land in the path of urban development?
Alberta, Canada
What are non-pecuniary damages for pain, suffering and loss of enjoyment of life?
British Columbia, Canada
What is the definition of a civil assault?
MultiRegion, United States of America
What is the concept of misconduct in the context of an application for a mistrial and associated request that the trial continue without a jury?
British Columbia, Canada
What is the test for using third party evidence in a civil case?
California, United States of America
What is the test for "exigent circumstances" in a criminal case?
MultiRegion, United States of America
What is the test for responding to questions to a jury in a personal injury trial?
California, United States of America
What is the test for prejudgment interest in a wrongful death claim?
MultiRegion, United States of America
What is the impact of the evidence of sexual abuse against Paredes?
California, United States of America
How does the appellate court review a final administrative decision?
California, United States of America
Is Defendant's attorney required to file a supplemental brief on appeal?
California, United States of America
What is the test for bringing a civil action against a county, town, city or city and county of the state?
California, United States of America
Is a defendant's claim that his probation was improperly terminated because the trial court did not make a finding that he was either a danger to others or unamenable to treatment?
California, United States of America
What is the connection between the two decisions at issue in an application for judicial review?
Canada (Federal), Canada
What is the impact of a prosecutor's "gratuitous" and "unnecessarily gratuitous" remarks to a jury?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found in error in a motion?
California, United States of America
What is the legal test for error in a judgment against defendant in a personal injury case?
California, United States of America
