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 collateral estoppel apply to a motion to revoke a defendant's probation?
California, United States of America
Can a single act or omission constitute more than one crime?
California, United States of America
What is the test for holding an oral hearing in a medical malpractice case?
British Columbia, Canada
How have courts interpreted the terms "lewd" and "dissolute" in section 647, subdivision (a) of the Criminal Code?
California, United States of America
What is the test for a motion to set aside a default judgment when the moving party fails to submit a proper affidavit or declaration?
California, United States of America
What is the statute of limitations for a deficiency assessment?
California, United States of America
What is the legal test for overturning factual determinations in a personal injury case?
California, United States of America
What is the test for the proposition that a prosecutor violates the constitution by commenting on a defendant's right to retain counsel?
California, United States of America
Is there any case law where the authorities used or exploited a videotape to establish probable cause at a preliminary hearing?
California, United States of America
What is the test for a motion for a new trial for abuse of the abuse of a juror?
MultiRegion, United States of America
What is the test for being of more than ordinary difficulty?
British Columbia, Canada
What is the test for determining whether a defendant intended his words to be taken as a threat?
California, United States of America
What is the test for a defendant to be prosecuted under a general statute?
California, United States of America
What is the effect of false misrepresentation in the context of a public interest claim?
California, United States of America
What is the effect of removing the materiality requirement from a jury's determination in a motor vehicle accident case?
California, United States of America
How to instruct a jury in a sexual assault case?
California, United States of America
What is the test for extending the time to file a Notice of Appeal?
Ontario, Canada
What is the test governing the availability of summary judgment?
Ontario, Canada
Does a prosecutor's statement during his rebuttal argument shift the burden of proof to defendant?
California, United States of America
What is the test for establishing consent to search?
California, United States of America
Can a person enter a building with the requisite intent to commit a felony or a misdemeanor?
California, United States of America
What is the legal test for instructing a jury on a lesser included crime?
California, United States of America
What is the test for reversing a finding in a motion to overturn a finding of not guilty?
California, United States of America
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry?
Alberta, Canada
What is the test for pleading guilty in a criminal case?
Saskatchewan, Canada
Does the possibility that the respondent may not hire someone to perform the household duties constitute a contingency of which account must be taken?
British Columbia, Canada
What is the test for standing in a civil case?
MultiRegion, United States of America
What is the test for changing a spousal support order?
British Columbia, Canada
What is the test for deference to a trial judge in a family law case?
Ontario, Canada
When will the burden of producing evidence be reduced from one party to the other?
California, United States of America
What is the test for making a finding that a discharge was justified?
California, United States of America
What is the test for determining whether a plaintiff is entitled to medical malpractice compensation even without objective evidence from her doctor?
British Columbia, Canada
Does section 1170.126 and its incorporation by reference of serious or violent felonies "punishable by life imprisonment" apply to section 288.7 of the Penal Code?
California, United States of America
What is the test for "reasonable force" under the Fourth Amendment?
California, United States of America
How to plead guilty to a charge of grievous bodily harm in a civil case?
California, United States of America
In what circumstances will a prosecutor be found guilty of misconduct for using deceptive or reprehensible methods to persuade the jury to convict a defendant?
California, United States of America
Can an order that merely dismisses a complaint but does not expressly dismiss the action be appealed?
MultiRegion, United States of America
Does the statute of limitations apply to a petitioner who has not filed a post-conviction application since the expiration of the AEDPA limitation period?
MultiRegion, United States of America
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity?
British Columbia, Canada
What is the test for loss of straight time work?
British Columbia, Canada
What is the burden on a plaintiff to prove that her attorney was inadequate under the constitutional standard?
California, United States of America
Is there a constructively issued certificate to restore a person's civil rights?
MultiRegion, United States of America
What is the standard of care required for a patient to consent to surgery?
Ontario, Canada
Is a plaintiff entitled to recover the costs of medical treatment paid by his employer under workers' compensation?
California, United States of America
When will a witness be allowed to give an address in cross-examination?
MultiRegion, United States of America
What is the test for a motion for a continuance to retain counsel of a defendant's choice?
California, United States of America
What is the effect of the majority's rule requiring a jury to introduce new scientific principles by instruction?
"New York", United States of America
Is corroboration required for a grand jury indictment?
California, United States of America
What is the legal test for giving notice of an organization's disciplinary proceedings?
Ontario, Canada
What is the test for review of an attorney fee award under section 1021.5?
California, United States of America
What are the grounds for setting aside a writ of summons?
Saskatchewan, Canada
What is the appropriate remedy for a defendant who has been convicted of second-degree murder?
California, United States of America
Can Krown bring an anti-SLAPP motion?
California, United States of America
Is a waiver of attorney fees and costs reasonable?
California, United States of America
Does section 290 of the California Civil Code require a person to register as a sex offender who engages in oral sex with a minor?
California, United States of America
What is the test for a "fair comment"?
British Columbia, Canada
How have the courts interpreted contingent intent in the context of a burglary case?
California, United States of America
What is the legal test for awarding full indemnity costs in a personal injury matter?
British Columbia, Canada
What constitutes abuse of discretion under the Family Code and/or DVPA?
California, United States of America
How has the court awarded an unequal division of net family properties in a separation proceeding?
Ontario, Canada
What is the test for giving a jury instructions on involuntary manslaughter?
California, United States of America
What factors will be considered in deciding whether to transfer a claim to a different court?
MultiRegion, United States of America
What is the test for damages for delay in processing applications for permanent residence?
Canada (Federal), Canada
What is the test for admitting "fresh evidence"?
Nova Scotia, Canada
Is it misconduct for a prosecutor to appeal to the passions and prejudice of the jury?
California, United States of America
How have courts dealt with a request by a mother seeking to suspend access to her child due to respiratory issues?
Ontario, Canada
Does the City have "special reasons" to deny double costs or to award solicitor-client costs?
Alberta, Canada
Does the Fifth Amendment provide for a jury trial in a civil proceeding where a person is being held as a sexually dangerous person?
California, United States of America
What rights does the police have to monitor and record in public places?
California, United States of America
What are the recommendations for a settlement?
Ontario, Canada
What is the test for specific performance in a contract of purchase and sale?
British Columbia, Canada
Does a business partner have a right to prevent the sale of the goodwill of a business?
California, United States of America
Is a defendant entitled to credit against his sentence for his time in custody?
California, United States of America
Does the prosecutor at a sexual assault trial have to prove the victims were lying to obtain an acquittal?
California, United States of America
What is the effect of section 667.5(b) of the California Criminal Code on a defendant convicted of a charge of possession of a drug with intent to commit a criminal offence?
California, United States of America
Does the good faith defense apply to criminal contempt?
MultiRegion, United States of America
What is the test for establishing knowledge and approval of a will?
Nova Scotia, Canada
What is a defendant's right to discuss with his lawyer during a long recess?
MultiRegion, United States of America
What is the test for interpretation of section 78(1) and paragraph 87(d)?
Canada (Federal), Canada
What is the standard of review for a district court's denial of a proposed jury instruction?
MultiRegion, United States of America
Can a husband seek spousal support on the basis that his wife’s income is more than twice that of his?
British Columbia, Canada
What is the test for relief by way of habeas corpus?
MultiRegion, United States of America
What is the test for disclosing confidential information to a lawyer?
British Columbia, Canada
How has section 17 of the California Code of Criminal Procedure been interpreted in the context of criminal history?
California, United States of America
What is the test for expectation of being represented by an attorney after an attorney refuses to undertake representation?
California, United States of America
What is the test for reducing a felony to a misdemeanor?
California, United States of America
What is a building scheme and what is a restrictive covenant?
British Columbia, Canada
What factors were considered to support a reasonable belief that the officer's safety was at risk?
California, United States of America
Is it possible to access the law library of California Law School?
MultiRegion, United States of America
Can a juvenile offender be tried in adult court?
California, United States of America
Can a defendant's right to retained counsel of choice be abridged to serve a compelling purpose?
MultiRegion, United States of America
What is the test for proportionate sentences under the eighth amendment?
MultiRegion, United States of America
Can a rational juror find a defendant's intent to prevent a witness from testifying?
California, United States of America
Can overriding royalties issue from an interest in land?
Canada (Federal), Canada
What is the impact of a change in employment status affecting a person’s employment status?
British Columbia, Canada
What is the test for making a constitutional argument on appeal?
California, United States of America
What is known as "coram nobis" in the context of federal criminal proceedings?
MultiRegion, United States of America
Does the statute of limitation apply in cases involving interstate transportation of stolen property?
MultiRegion, United States of America
What is the current state of the law on "beyond a reasonable doubt" standard?
California, United States of America
What is the effect of a decision to disallow leave to amend for abuse of discretion?
California, United States of America
What is the test for determining the intent of the legislative body in the construction of statutory language?
California, United States of America
Can a judicial review application be considered both in the merits of a decision on the professional misconduct of a bankruptcy trustee and in the subsequent decision determining the appropriate sanctions?
Canada (Federal), Canada
Can an employer in its capacity as a sponsor (and not as plan administrator) obtain legal advice to amend a pension plan?
Ontario, Canada
Is plaintiff entitled to recover attorney's fees from the Court of Appeal?
California, United States of America
How have courts interpreted the rules of evidence in a sexual assault case?
California, United States of America
How does section 26 of the California Code of Civil Procedure apply in an assault case?
California, United States of America
How have courts interpreted section 1208(b)(10) of the California Code of Regulations?
California, United States of America
What is the test for assessing attorney's fees against a criminal defendant?
California, United States of America
Does a motion to revoke the grant of probation of a defendant who embezzled from her employer constitute a violation of the terms of her probation?
California, United States of America
Does the Attorney General have forfeited claims against defendant?
California, United States of America
What is the effect of a winding-up order requiring the receiver to seize all of appellant's bank accounts at the time of appointment?
California, United States of America
What are the findings of the Court of Appeal in a motion seeking relief for roadside approved screening devices?
British Columbia, Canada
What is informer privilege and what is the effect of it?
British Columbia, Canada
Can a petitioner obtain habeas relief based on erroneous admission of evidence?
MultiRegion, United States of America
What is the test for corroboration of testimony of two police officers in a criminal case?
California, United States of America
What is the test for establishing that a disc bulge in the arms was caused by a work incident?
British Columbia, Canada
Does a plaintiff have to "forfeit" his complete and imperfect self-defense claim by taking a gun into his backyard?
California, United States of America
What is the test for granting a preliminary injunction for an abuse of discretion?
MultiRegion, United States of America
Can a plea bargain include a waiver of the right to appeal?
California, United States of America
What is the statute of limitations for a plaintiff who alleges he was lied to about the possible side effects of radiation from a radiation experiment?
MultiRegion, United States of America
What is the test for a statute of repose?
MultiRegion, United States of America
What rights does a defendant have when he is excluded from an in camera proceeding?
California, United States of America
What is the test for a motion to recuse a district attorney from acting as a prosecutor?
California, United States of America
What is the equitable maxim of ex turpi causa non oritur actio?
British Columbia, Canada
Can an affidavit or statement from a jury be used to impeach a verdict after the jury has been discharged?
MultiRegion, United States of America
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives?
California, United States of America
What is the test for attacking the credibility of a witness?
California, United States of America
What are the details of an accident involving drywall and a falling sheet?
Ontario, Canada
In what circumstances will a physician be called as a witness at a trial?
"New York", United States of America
Can beneficiaries of a trust call in the trust from the trustee?
Ontario, Canada
What is the effect of a motor vehicle accident on the daily activities performed pre-accident?
Ontario, Canada
Does the standard instruction identifying the aggravating and mitigating circumstances need to be changed?
California, United States of America
Can a matter be conveniently tried by a jury?
Alberta, Canada
What is the standard of review in an appeal?
Ontario, Canada
How has the court dealt with the admission of propensity evidence in a criminal case?
California, United States of America
What is the test for carrying a person in a motor vehicle?
Saskatchewan, Canada
What is the test for using a defendant's "right to silence" in a civil case?
California, United States of America
Can an informal settlement offer co-exist with a formal settlement offer?
British Columbia, Canada
How have courts interpreted the distinction between "freedoms" and "rights"?
Ontario, Canada
How have courts interpreted delegation clauses in an arbitration agreement?
California, United States of America
How have the courts interpreted the argument in a trial where a prosecutor argued that a defendant had not even considered whether to switch lanes?
California, United States of America
What is the test for obtaining an affidavit for a search warrant based on an anonymous tip?
California, United States of America
What is the test for admissibility of expert testimony based upon the application of a new scientific technique?
California, United States of America
What is the standard of review on appeal from a judgment of dismissal after sustaining a demurrer without leave to amend?
California, United States of America
Is a federal magistrate judge barred from presiding over a civil case?
MultiRegion, United States of America
What is the test for determining whether a defendant can be convicted of a robbery where the victim positively identified the perpetrator?
California, United States of America
What is the test for negligence in the construction of a railway line?
Ontario, Canada
Can Rule 17 (23) of the Rules of Civil Procedure apply to parties to settlement discussions at a case conference?
Ontario, Canada
What is the basis for a custody order issued by the juvenile court?
California, United States of America
What factors are considered by the Court in deciding whether to award full custody to one or both of the parents?
British Columbia, Canada
What is the burden of proving a search warrant was obtained without a warrant?
California, United States of America
What is the test for reversing a grant of a new trial under the abuse of discretion standard?
MultiRegion, United States of America
What is the test for mediation in a personal injury case?
California, United States of America
What is the statute of limitations for a civil rights claim brought by a prisoner who has been released from prison?
MultiRegion, United States of America
What is the test for dismissing an ex post facto petition for habeas corpus?
MultiRegion, United States of America
What is the test for obtaining a fishing rod and reels from a shoplifter who entered the shop with the assistance of a police officer?
California, United States of America
What is the legal test for obtaining a writ of certiorari?
Saskatchewan, Canada
What is the test for disqualifying a judge?
California, United States of America
What is the test for restricting cross-examination in a criminal case?
California, United States of America
What are the implications of the Supreme Court's decision to re-apportion the value of a property owned by one party to one party in a family law case?
British Columbia, Canada
Is there any case law in which a witness has been excluded from testifying on the grounds of privilege?
California, United States of America
What is the test for accrual in a motor vehicle accident?
MultiRegion, United States of America
What is the CRT's discretion to decide the format of the hearing?
British Columbia, Canada
What is the test for arguments of justification and necessity to establish a defense to a violation of 18 U.S.C. Sec. 1382?
MultiRegion, United States of America
What is the test for sufficiency of the evidence for a guilty verdict?
MultiRegion, United States of America
What is the statutory limitation on the length of time required to complete an arbitration proceeding?
California, United States of America
In what circumstances will a judge reverse a finding of a defendant who used the term "victim" during trial?
California, United States of America
What is the test for determining whether a multiplier was misused?
California, United States of America
Is there a risk of a child dangling like a yo-yo at the end of their parents' string if a judge grants an interim order to change custody on an interim motion?
Ontario, Canada
In what circumstances will a judge be bound by the findings of the jury in a motion of no confidence?
Ontario, Canada
Is a purchaser entitled to claim back the deposit on a contract where the vendor has not had a good title?
Ontario, Canada
What is the definition of first degree burglary under California Penal Code Sec.460(1)?
MultiRegion, United States of America
Is an arbitration agreement precluded by statute?
California, United States of America
What is the appropriate sanction for a lawyer who has been found guilty of gross misconduct in a sexual assault case?
British Columbia, Canada
What is the scope of the respondent's liability for failing to ensure that the soil on which the building was to be erected was capable of supporting its weight?
Newfoundland and Labrador, Canada
What is the definition of a misdemeanor under former section 361 of the California Mental Health Act?
California, United States of America
Is Alanis an accomplice to the murder?
California, United States of America
What is the test for an anti-SLAPP application?
California, United States of America
When will a testatrix make the distribution of her estate as set out in her will?
Alberta, Canada
What remedies are available to a motor vehicle purchaser who finds that their vehicle is failing to conform to the Song-Beverly Act?
California, United States of America
What is the test for strip searches under s. 8 of the Charter?
Ontario, Canada
What is the test for awarding costs in personal injury cases?
British Columbia, Canada
Does the Attorney General have any authority to impose an upper term on a charge of possession of a small quantity of crack cocaine?
California, United States of America
What is the burden of proving discrimination in a human rights complaint?
British Columbia, Canada
What are the elements of the defence in the defence of duress?
Saskatchewan, Canada
What are the factors a court should consider before dismissing a case?
California, United States of America
What is the standard for punitive damages in a civil case?
MultiRegion, United States of America
How have courts considered whether a disproportionate number of peremptory challenges have been made against minorities?
MultiRegion, United States of America
Is it appropriate for a judge to answer a jury's written question by email rather than in open court?
MultiRegion, United States of America
How have the courts interpreted the reasonable doubt standard at the penalty phase?
California, United States of America
Is there an affirmative defense under section 1941.3?
California, United States of America
What is the test for objecting to a criminal conviction?
California, United States of America
Is there any case law in which a judge ordered disclosure of information from an in camera hearing?
California, United States of America
What is the test for substantive due process in civil law?
California, United States of America
Can a prosecutor be found guilty of Prosecutorial Misconduct?
California, United States of America
Can attorney fees be made payable in the court?
California, United States of America
What is the test for determining the date of trial in a civil case?
California, United States of America
What is the standard of review in the context of gang enhancement cases?
California, United States of America
How has the PCDO treated the evidence of an applicant's own evidence?
Canada (Federal), Canada
What is the effect of a covenant requiring a mortgagee not to sell or lease a property for a month?
Saskatchewan, Canada
