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 determining liability at a summary trial?
British Columbia, Canada
What is the test for obtaining a restraining order under the California Domestic Violence Act?
California, United States of America
What is the current state of the law on the use of pepper spray by a police officer in a confrontation with a man with a knife?
MultiRegion, United States of America
What happened after appellant pleaded guilty to a charge of possession of a firearm with intent to endanger life and a motion to dismiss a prior strike?
California, United States of America
What is the current range of maximum sentences for possession with intent to distribute cocaine?
MultiRegion, United States of America
Does an insurer have a duty to investigate claims made against them?
MultiRegion, United States of America
What is the legal test for a jury to convict a defendant on the evidence of an accomplice who changed the form of the stolen property to a different type of vehicle?
MultiRegion, United States of America
What is the test for overturning a Release?
British Columbia, Canada
What are the grounds for dismissal of an action for lack of diligence in serving the summons?
California, United States of America
How has section 654 of the California Criminal Code been interpreted on appeal?
California, United States of America
What is the effect of the Fifth Amendment on the prosecution of a defendant who is accused of a greater and lesser included crime?
"New York", United States of America
How does the Court of Appeal review a revocation of supervision under section 1203.2?
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 test for exclusion of evidence in a criminal case?
California, United States of America
What is the test for a warrantless search of a camper shell?
California, United States of America
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court?
MultiRegion, United States of America
What is the test for obtaining a warrant for arrest under s. 529 of the Criminal Code?
British Columbia, Canada
What is the test for finding a defendant competent to stand trial in a mental health case?
California, United States of America
Does a defendant have a right to a jury trial on a prior conviction allegation?
California, United States of America
What is the test for an alleged conspiracy to commit murder if the accused intended to personally possess PCP?
California, United States of America
Is a vendor's concealment of defects that would otherwise be patent invalid?
British Columbia, Canada
Does a judge have to consider "favorable" or "unfavourable" factors when deciding whether to grant voluntary departure?
MultiRegion, United States of America
What is the burden of severance when a party seeks to separate criminal charges from those of the other party?
California, United States of America
In closing argument in a personal injury case, can the court admonish the appellant for failing to object to any statements in closing argument?
California, United States of America
What is the duress defense?
California, United States of America
What is sufficient evidence to convict a defendant of failing to file an income tax return?
MultiRegion, United States of America
What is the standard of conduct of a reviewing judge in the context of a confirmation hearing?
British Columbia, Canada
What is the test for the doctrine of "just compensation" in the context of eminent domain?
California, United States of America
What is the test for determining whether an action by an official is an action in a private interest?
California, United States of America
What is the burden of proving that a fee application is warranted?
MultiRegion, United States of America
What is the test for a "crime of violence" under section 16(b) of the Connecticut Criminal Code?
MultiRegion, United States of America
What is the per se reversible error rule?
California, United States of America
What is the test for a judge to determine whether a child has been released from custody under a different custody arrangement?
British Columbia, Canada
Can a refiled action be treated as a continuation of a dismissed action?
California, United States of America
Can a nurse who is employed by a chiropractor sue her employer for malpractice?
California, United States of America
Can a defendant waiver the right to appeal or collaterally attack a sentence that has yet to be imposed?
MultiRegion, United States of America
Can the actual inspection of a house be considered an operational duty of care?
Alberta, Canada
Does the argument of counsel have more weight with the jury than the instructions of the court?
MultiRegion, United States of America
Is there any ambiguity or technical inconsistency in instructions that only one witness's testimony is sufficient for proof of any fact?
California, United States of America
Can a police officer briefly detain the companion of the subject of a search warrant?
California, United States of America
What is the burden placed on a left turning driver in a collision?
British Columbia, Canada
What are the consequences of a conviction for possession of ammunition by a previously convicted felon?
California, United States of America
How much objective evidence is required to prove soft tissue injury?
British Columbia, Canada
What legitimate reasons are legitimate reasons for an adverse employment action?
MultiRegion, United States of America
How have courts dealt with a motion for a change of venue?
California, United States of America
What is the impact of an employer's claim against an employee in a collective bargaining agreement?
MultiRegion, United States of America
What is the scope of evidence in an action for personal injury coverage?
California, United States of America
Is a defendant required to pay restitution as part of his sentence?
MultiRegion, United States of America
When is a municipality required to give a notice of an injury within 30 days of the injury happening?
Saskatchewan, Canada
What is the current state of the law on the basis of "viciousness" against a defendant in a retrial?
California, United States of America
What are the reasons used by the courts to determine whether a train operator has a valid claim?
Canada (Federal), Canada
Is a defendant entitled to damages if he fails to testify in his defense?
California, United States of America
What is the test for awarding exemplary or punitive damages in a medical malpractice case?
Alberta, Canada
Is a Miranda warning necessary to obtain consent to search?
California, United States of America
What is the defense of diminished capacity?
California, United States of America
Can a witness be impeached with any prior conduct involving moral turpitude?
California, United States of America
What is the test for negligent misrepresentation in the context of medical negligence claims?
Alberta, Canada
Can a defendant receive a concurrent sentence under section 654 of the California Criminal Code?
California, United States of America
What is the effect of revocation of parole on a parolee?
California, United States of America
Is there a presumption or presumption that when two adults live together, they thereby acquire or interests in each other's property?
British Columbia, Canada
What is the legal test for consent to medical treatment for an adult woman?
California, United States of America
Does a sanctioned party violate Rule 11 of the Bankruptcy Code?
MultiRegion, United States of America
Does section 1026.5 of the California Criminal Code require a state to prove beyond a reasonable doubt?
California, United States of America
What is the standard of living that a husband and wife can maintain when they are separated?
Ontario, Canada
What is the burden of issue preclusion?
California, United States of America
What is the test for overturning a decision of a district court upholding a denial of benefits de novo?
MultiRegion, United States of America
When is a crime arising out of the same transaction a crime against the property interests of several persons, rather than one of violence, permissible punishment?
California, United States of America
What is the test for consolidation of two separate criminal cases?
California, United States of America
On appeal to the Court of Appeal, what are the exceptions to the doctrine of sovereign immunity?
MultiRegion, United States of America
What is the test for a contractor to prove that his work is in good condition?
Newfoundland and Labrador, Canada
What is the burden of proving that an error in sentencing a defendant to life in prison for attempted murder was harmless?
California, United States of America
What is the test for admitting evidence of abuse of discretion in a civil case?
California, United States of America
Is a plaintiff entitled to an award of attorney fees?
California, United States of America
Can a doctor who has acted in accordance with general and approved practice defend against a claim of negligence?
Alberta, Canada
What is the effect of a court's ruling in a case involving a "virtual street brawl" and "endless discussions" among counsel regarding the admissibility of a motion for contempt of court?
California, United States of America
In a personal injury action, is a plaintiff entitled to a special protection against the award of attorney fees?
California, United States of America
How have courts treated a motion for a new trial on the basis of incompetent representation of counsel?
California, United States of America
What are the indicia of reliability of statements made by a Catholic Children’s Aid Society of Metropolitan Toronto?
Ontario, Canada
What is the effect of section 632 of the California Privacy Act on telephone records?
California, United States of America
Is a dependent child disentitled to maintenance if she attends a subsequent academic program?
Nova Scotia, Canada
What is the test for discoverability in sexual assault cases?
Alberta, Canada
What is the leading case on point of reasonable notice?
Ontario, Canada
Does a juvenile court's deviation from the recommendation of the probation department show an abuse of power?
California, United States of America
What is the effect of a prosecutor's misconduct in the closing argument of a civil case?
California, United States of America
What is the test for a plaintiff's right to demand payment of 3,000 dollars from Respondent to Respondent?
California, United States of America
What is the test for obtaining possession of a property under Section 1254 of the Criminal Code?
California, United States of America
What is the burden of proving the rule of judicial deference?
California, United States of America
What is the test for establishing a “net worth” for income tax purposes?
Alberta, Canada
How can an employer recover from a judgment against an employee?
California, United States of America
What is the test for granting probation for a defendant who has a history of alcohol abuse?
California, United States of America
What is the test for commenting on a defendant's exercise of the Fifth Amendment?
MultiRegion, United States of America
What is the standard for deliberate indifference in the context of medical malpractice?
MultiRegion, United States of America
What are the duties of a federal district court in connection with a magistrate judge's report and recommendation?
MultiRegion, United States of America
What is the legal test for an application to amend a pleading at the end of a trial?
British Columbia, Canada
What is the test for disclosing personal information in the context of family law?
Ontario, Canada
How have appellate courts dealt with a motion for injunctive relief?
California, United States of America
What is the test for obtaining an emergency intervention order?
Yukon, Canada
What is the test for destroying a police officer's testimony as to quantity and quality of marijuana?
California, United States of America
What is the test for using accident as a defense in closing argument?
MultiRegion, United States of America
Does a jury have to find that a defendant had the intent to kill?
California, United States of America
What is the test for admitting or excluding "propensity" evidence in a sexual assault case?
California, United States of America
What is the test for establishing a constructive or equitable fraud?
Saskatchewan, Canada
Is there a specific amount of funds available for the purposes of injunctive relief?
British Columbia, Canada
Is Rule 14(23) of the Rules of Civil Procedure requiring a party to comply with costs orders?
Ontario, Canada
What are the limits of a spousal support review order?
Saskatchewan, Canada
In what circumstances will a jury unanimously find a felony-murder special circumstance?
California, United States of America
When will the jury be instructed on the manslaughter theory of the defense?
California, United States of America
What is the test for a motion for summary judgment in a medical negligence case?
Ontario, Canada
What is the impact of Section 5 of the Limitations Act, 2002?
Ontario, Canada
Is vacation pay allocated pursuant to section 36(9) of the Regulations?
Canada (Federal), Canada
What is the test for "more effective relief" in a personal injury case?
California, United States of America
What is the test for possession of a controlled substance?
California, United States of America
How have the courts dealt with sentencing errors on appeal?
MultiRegion, United States of America
What is the test for a temporary order to stay in place of a trial date?
Ontario, Canada
Can the extrajudicial statement of an accused be considered in a civil case?
California, United States of America
What is the test for a motion to dismiss a lawsuit alleging that the collection of a state tax is unconstitutional?
MultiRegion, United States of America
What is the law on loss of earning capacity?
British Columbia, Canada
Does the test by statute apply to qualified immunity?
MultiRegion, United States of America
What is the standard for determining procedural errors in a civil case?
MultiRegion, United States of America
What is the current professional misconduct test for a lawyer?
British Columbia, Canada
What constitutes misconduct of counsel at a credible basis hearing?
British Columbia, Canada
What is the test for determining whether a federal error was found to be harmless beyond a reasonable doubt?
California, United States of America
Is a father required to contribute towards an Individual Savings Account ( RESP) expense?
Manitoba, Canada
What are the implications of the Court of Appeal's ruling on the admissibility of evidence for abuse of discretion?
California, United States of America
Is there any evidence that "many jurors know about the admonition given to a defendant convicted of driving under the influence"?
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
What is relevant evidence admissible in a personal injury case?
California, United States of America
When will a judge grant a motion for a directed verdict?
California, United States of America
How have courts treated comments made by the Attorney General in the context of the issue of personal injury cases?
British Columbia, Canada
Is there equitable set-off available?
Ontario, Canada
Is a defendant's failure to make a timely and specific objection on the ground asserted on appeal cognizable?
California, United States of America
Is the corporate veil pierced when the company is incorporated for the wrong purpose?
Ontario, Canada
Can a defendant amend his pleading at trial to amend it to include an additional charge of sexual assault?
California, United States of America
Does the Court of Appeal have jurisdiction to make a declaration or declaratory order?
British Columbia, Canada
What are the requirements for a person to move to a new home for the rest of his life?
Alberta, Canada
What is the current state of the law in Ontario with respect to section 782 of the Evidence Code and section 1103 of the Criminal Code?
California, United States of America
What is the test for a motion to dismiss an amended complaint?
California, United States of America
What are the damages for failure to apply for an application within the time stated?
Saskatchewan, Canada
What is the test for reversal of a charge of misconduct in a criminal case?
California, United States of America
Can a defendant plead guilty to a charge under section 1473.7 of the California Civil Code of Civil Procedure?
California, United States of America
Is sarcastic or harsh language sufficient to prove that a presiding member has lost his impartiality?
Canada (Federal), Canada
Does a subsequent declaration of invalid warrant result in the exclusion of evidence obtained as a result of the execution of a search warrant?
British Columbia, Canada
What is the state law duty to warn of an impending accident?
MultiRegion, United States of America
Does a failure to disclose the risks to a patient's health constitute negligence rather than battery?
British Columbia, Canada
Is a defendant required to admit liability or settle the action?
Ontario, Canada
Does the Court of Appeal's interpretation of section 1045(e) of the Penal Code apply to the disclosure of police officer personnel records?
California, United States of America
Is a right to retain a drivers license a fundamental right?
California, United States of America
Can a criminal defendant refuse to cooperate with his attorney in order to avoid prosecution?
California, United States of America
What is the test for a plaintiff to bring an action on behalf of third parties?
"New York", United States of America
In what circumstances will the Court of Appeal award an elevated cost award?
Ontario, Canada
Can an employee be dismissed for refusing to carry out his duties as a result of an ultimatum from his employer?
Alberta, Canada
What is the burden of reasonable diligence required by the California Court of Appeal to justify relief under the California Motor Vehicle Accident Relief Act?
California, United States of America
In a state habeas corpus action, in what circumstances will counsel be allowed to continue in his "official capacity" role?
MultiRegion, United States of America
What is the definition of "due diligence" in the context of a search for a witness?
California, United States of America
Is there any case law in which a learned judge has called for "comity" to be considered in the context of cross-border litigation?
Ontario, Canada
Does the terms of a contract override mandatory legislation such as the BPCPA?
British Columbia, Canada
What is the effect of res judicata on a disability application?
MultiRegion, United States of America
Can a claim of prosecutorial vindictiveness be reviewed on appeal?
MultiRegion, United States of America
What is the test for reasonable foreseeability in the context of negligence liability?
California, United States of America
Is a court fundamentally lacking jurisdiction to adjudicate upon a claim against a plaintiff who was not served with process within its territorial borders?
California, United States of America
What is the test for determining the amount of restitution a defendant must receive at a restitution hearing?
California, United States of America
What is the test for admitting a photograph of a defendant in a sexual assault case?
California, United States of America
When will the court grant a motion to add child pornography to the murder and kidnapping charges against Defendant?
California, United States of America
What is the state's role in a family law action?
MultiRegion, United States of America
What is a plea bargain between a defendant and a prosecutor?
California, United States of America
Is a defence medical report an essential ingredient in a motion for summary judgment?
Ontario, Canada
How have courts interpreted Section 65995 of the California Religious Freedom Act?
California, United States of America
Does a trial court have a sua sponte duty to instruct regarding the defense?
California, United States of America
Is there a statute of limitations for conversion and claim and delivery of evidence obtained pursuant to a search warrant?
California, United States of America
What is the test for a jury to convict defendant under section 803 of the California Code of Civil Procedure?
California, United States of America
Can a motion for a mistrial be denied because of the sudden availability of an expert witness?
California, United States of America
When a statute is penal, when the penalty is limited, what is the test for this type of construction?
California, United States of America
In what circumstances will a defendant be found guilty of voluntary manslaughter?
California, United States of America
What is the test for determining whether a child is in the best interests?
Ontario, Canada
What is the test for delivering an expert's statement at trial?
British Columbia, Canada
Does a trial court abuse its discretion in concluding that a plaintiff can no longer plead a valid cause of action against Respondent?
California, United States of America
Does a defendant have a "substantial right" to object to a jury instruction at trial?
California, United States of America
What is the Miranda warning to a person questioned by a police officer after being "taken into custody"?
California, United States of America
Can an elected official with final policy-making authority be liable for failing to provide adequate notice of an unconstitutional decision or action?
MultiRegion, United States of America
Does section 654 of the California Criminal Code apply when a defendant engages in a course of conduct with various consequences to multiple victims?
California, United States of America
What is the test for a jury to convict a defendant of deliberate and premeditated first degree murder?
California, United States of America
In what circumstances will the court strike down a plaintiff's equitable claim?
California, United States of America
What is the test for dismissing a motion by the federal district court for lack of subject matter jurisdiction?
MultiRegion, United States of America
Is there any case law supporting a finding that defendant participated in the smuggling operation for the purpose of commercial advantage or financial gain?
MultiRegion, United States of America
What is the effect of the Court of Appeal's decision in favour of a motion to reverse and remand a retrial?
MultiRegion, United States of America
What is the test for asserting Fourth Amendment rights vicariously?
MultiRegion, United States of America
Does a court have a duty to instruct on elements of aider and abettor liability in a factor (b) crime?
California, United States of America
Is disqualification not required when the judge's former partner or law firm appears?
federal, United States of America
What is the test for a search warrant?
California, United States of America
Does cumulative error affect a defendant's right to appeal against his conviction?
California, United States of America
Is a must or must test met in a settlement agreement?
Ontario, Canada
Can a probation officer order anger management?
California, United States of America
What is the test for admissibility of evidence in personal injury cases?
California, United States of America
What is the public interest of the accused in his employment application?
Alberta, Canada
What is the test for a claim for damages under section 859 of the Welfare and Institutions Code for (1) taking property by the use of undue influence in bad faith?
California, United States of America
When will a court compel disclosure of the identity of an informant at trial?
MultiRegion, United States of America
Is a sentence that would otherwise fit for an otherwise fit custodial sentence unconstitutional because of the offender's disabilities?
British Columbia, Canada
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence?
California, United States of America
What is the standard of proof required for a defendant to be successful in appealing against a sentence enhancement?
MultiRegion, United States of America
