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 current state of the law on the sufficiency of an out-of-court identification?
California, United States of America
What is the test for obtaining a warrant for search and seizure without a judicial review?
MultiRegion, United States of America
How have courts interpreted the Statement of Claim in garnishee proceedings?
British Columbia, Canada
What is the legal test for a defence of automatism?
British Columbia, Canada
In what circumstances will a police officer impound a vehicle after learning the driver and passenger have suspended licenses?
California, United States of America
What is the Harvey-Madden rule on probable cause to arrest?
California, United States of America
What is the test for determining whether a restitution determination is capricious or arbitrary?
California, United States of America
What is the test for declaring a matter moot?
Ontario, Canada
Is it appropriate for a plaintiff to proceed in a class proceeding?
British Columbia, Canada
Does section 654 of the California Criminal Code apply?
California, United States of America
Does the Superior Court of Appeal have jurisdiction to determine the outcome of a divorce?
Ontario, Canada
Does the jury have authority to make a penalty determination based on its own reasoning processes?
California, United States of America
Does a police interview of a suspect have coercive aspects to it?
California, United States of America
What constitutes a "interrogation" under the Miranda Rule?
California, United States of America
What is the test for granting a petition for habeas corpus?
MultiRegion, United States of America
What is the standard of review for corroborating evidence in a sexual assault case?
California, United States of America
Does the rule of automatic reversal apply to denial of counsel in a capital case?
California, United States of America
How have the courts interpreted the findings of Reynolds v. Sims and its progeny?
MultiRegion, United States of America
In a motor vehicle accident reconstruction trial, is an expert allowed to testify that a motorcycle was not turning at the time of impact?
California, United States of America
What is the appropriate standard of review?
Canada (Federal), Canada
What is the test used to determine whether a defendant has been found guilty beyond a reasonable doubt?
California, United States of America
Is appellant entitled to an admonition from the Attorney General?
California, United States of America
Is an advance by a mother to her daughter in-law considered a gift?
British Columbia, Canada
What is the test for determining whether a state court made an unreasonable determination of the facts?
MultiRegion, United States of America
Is there any case law or case law that would have changed the disposition of a motion against defendant in the Superior Court?
California, United States of America
What is the relevant case law in the context of an application in the Superior Court of Justice?
Saskatchewan, Canada
What is the test for an accomplice in a criminal case?
California, United States of America
What is the legal framework for a division of the family property?
Saskatchewan, Canada
Can a defendant who voluntarily accompanied the police to the police station give a Miranda warning?
"New York", United States of America
What is the impact of inadmissible evidence in an affidavit?
British Columbia, Canada
Does negligence in diagnosing or treating a medical condition violate a prisoner's Eighth Amendment rights?
MultiRegion, United States of America
Can a defendant be convicted of multiple counts for one instance of driving under the influence?
California, United States of America
What is the Federal standard for showing prejudice in a motion for dismissal?
California, United States of America
What is the test for denying collateral review because of a petitioner's failure to raise an issue on direct appeal?
MultiRegion, United States of America
Does the running of the statute of limitations need to be tolled?
MultiRegion, United States of America
What is the current state of the law on class actions in welfare cases?
California, United States of America
What is the test for conducting a judicial review of a finding of false imprisonment?
California, United States of America
Is an offer to settle providing that each party bears its own costs under Rule 37A?
British Columbia, Canada
Can a prosecutor's penalty phase argument for a life without Possibility of Parole (LOPP) sentence be heard before a jury?
California, United States of America
Is possession of a firearm by a felon a serious felony?
California, United States of America
What is the meaning of the term "renovate"?
Canada (Federal), Canada
What is the reasonable notice period for an employee to claim damages for non-payment of severance?
New Brunswick, Canada
What factors will the court consider in determining a child's future?
Ontario, Canada
How have the courts interpreted the Miranda rights of a defendant in a murder case?
California, United States of America
When will a district court dismiss a case for failure to prosecute?
MultiRegion, United States of America
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial?
California, United States of America
Is misconduct for a prosecutor to encourage the jury to speculate about facts not in evidence?
California, United States of America
What is the obligation of an applicant to report any changes to their application for permanent residence?
Canada (Federal), Canada
What is the test for a waiver of a defendant's right to counsel without disclosing a conflict of interest?
California, United States of America
What is the legal test for professional membership of a professional association?
Canada (Federal), Canada
Does a foreclosure of a mortgage or lien under a deed of trust extinguish a leasehold interest?
California, United States of America
Is there any error in indicating a number of employees who have indicated a wish to no longer be represented by the responding party?
Ontario, Canada
What is the current state of the law on third party procedure in King’s Bench?
Saskatchewan, Canada
Does appellant have any legal authority to support his contention that the trial court erred in denying him a motion to withdraw his plea?
California, United States of America
What relevant contingencies need to be considered in determining the outcome of a medical malpractice case?
British Columbia, Canada
What factors are considered to justify a request by counsel for a 30% award in a class action?
MultiRegion, United States of America
What is the prison mailbox rule used to determine the filing date of a habeas petition?
MultiRegion, United States of America
How has the court dealt with the issue of personal injury on appeal?
California, United States of America
What is the scope of discovery in a civil matter?
Nunavut, Canada
What is the test for implied malice in a second degree murder case?
California, United States of America
Is Oncap entitled to claim for economic loss as a result of misrepresentation?
Ontario, Canada
What is the range of restitution available to a defendant who has been denied probation and sentenced to prison?
California, United States of America
What is the test for making out a cause of action for negligent misstatement?
Ontario, Canada
What is the extent of intrusion by police into the home of a motorist who has been found guilty of a traffic law violation?
California, United States of America
In a no-knock search warrant, can a search warrant be used to search a house without announcing its purpose?
"New York", United States of America
Does a landlord have a right to charge an increase in the amount of rent when the landlord has changed from an unfurnished to furnished apartment?
"New York", United States of America
What is the state of the law on municipal liability for nuisance claims?
British Columbia, Canada
When will a mortgagee be able to sue for the balance owing of a loan which has been foreclosed?
Alberta, Canada
What is the test for instructing a jury on an uncharged offense that is less serious than a charged greater offense?
California, United States of America
Is "no evidence" sufficient to constitute an error of law?
Alberta, Canada
What factors will be considered in an application to extend the time to appeal from a decision of the Master?
British Columbia, Canada
Does qualified immunity apply to a police officer who allegedly applied handcuffs in a way that aggravated a plaintiff's shoulder injury?
MultiRegion, United States of America
How have courts dealt with adverse possession claims involving a large shed which straddles a property line?
Ontario, Canada
What is the test for a voluntary confession under the Fifth Amendment?
California, United States of America
Does the statute of limitations run out?
MultiRegion, United States of America
When will a federal judge refuse to give jury instructions concerning eye-witness identification?
MultiRegion, United States of America
Is a state's procedure for restoring Second Amendment rights in the form of a judicial review procedure in the context of the Second Amendment?
MultiRegion, United States of America
What is the impact of a finding by a trial judge on the question of future loss of earning capacity?
British Columbia, Canada
What is the test for determining whether an undertaking fall within federal jurisdiction?
Canada (Federal), Canada
What is the test for insufficient evidence in a sexual assault case?
California, United States of America
What is the test for determining whether a strata has met reasonable expectations under a plan BCS?
British Columbia, Canada
What is the test for determining whether a defendant has been found competent to stand trial?
MultiRegion, United States of America
Does the rule of unanimity apply to the removal of a case to federal court?
MultiRegion, United States of America
Can a former director or senior officer of a company be disqualified by fiduciary obligation from usurping for himself or directing to another business opportunity?
Ontario, Canada
What is the test for suppressing evidence in a civil case?
MultiRegion, United States of America
Is an agreement articulated in Email #4 enforceable?
British Columbia, Canada
What is the test for insufficient evidence in a criminal case?
California, United States of America
What is the test for a judge to depart from another judge's judgment?
British Columbia, Canada
What is the state of the law on inmate grievances?
MultiRegion, United States of America
Does the prosecution have standing to challenge the search of a vehicle during a search?
California, United States of America
When a motion to dismiss has been granted by a district court against two out-of-state sales representatives, what is the relevant issue of material fact?
MultiRegion, United States of America
How do courts assess defamatory statements?
British Columbia, Canada
Does a plea agreement where the government's promise of leniency is contingent upon truthful testimony at trial violate due process?
MultiRegion, United States of America
What remedies are available to a plaintiff in a personal injury action?
MultiRegion, United States of America
What is the test for establishing a resulting trust?
Alberta, Canada
What is the range of damages available in a personal injury action?
Ontario, Canada
Is first degree murder based upon conspiracy and lying in wait theories where the underlying crime is an assault with a deadly weapon?
California, United States of America
What are the elements of stalking and attempted kidnapping?
California, United States of America
Does retirement result in a variation order reducing spousal support obligations?
Ontario, Canada
Does litigation privilege apply to communications that are allegedly fraudulent, perjurious, unethical or illegal?
California, United States of America
What is the style of cause in a cross-application in a Notice of Appeal?
Ontario, Canada
Can a district judge designate a magistrate judge to hear any nondispositive pretrial matter pending before the court?
MultiRegion, United States of America
How have courts interpreted witness testimony in cases where witnesses have been found not guilty of racial discrimination?
California, United States of America
What is the legal test for a joint tenancy?
Prince Edward Island, Canada
In what circumstances have we not been persuaded to allow the introduction of new evidence in a civil case?
Saskatchewan, Canada
What is the test in applying the real and substantial connection test to the facts of the case?
Ontario, Canada
Is hearsay evidence admissible at trial?
California, United States of America
What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change?
British Columbia, Canada
Is a clerk required to enter default judgment against a plaintiff under the California Code of Civil Procedure if they are not successful in obtaining damages?
California, United States of America
Does a witness have a duty to keep a lookout?
Saskatchewan, Canada
Can a person convicted of a charged offense raise the statute of limitations on appeal?
California, United States of America
Can uplift costs be allowed after the scale of the cost is fixed?
British Columbia, Canada
What is the test for determining the appropriate award for the cost of future care?
British Columbia, Canada
What are the elements of intentional infliction of emotional distress?
California, United States of America
What is the test for probation under Section 1210.1, subdivision (a) of the California Penal Code, and what is the definition of "nonviolent drug possession"?
California, United States of America
What is the test for "actively participates in any criminal street gang"?
California, United States of America
Does a landlord have a "duty" to his neighbour to control a vermin infestation on his property?
California, United States of America
What is the impact of contributions made by the wife on the relationship between the parties?
British Columbia, Canada
What is the current state of the law in the context of an appeal?
Ontario, Canada
What is the standard of proof in a criminal case?
California, United States of America
What are the costs and fees of a plaintiff in a personal injury action?
California, United States of America
Can a member of a governing body's governing body make a statement that impugens the law as written?
British Columbia, Canada
Does section 654 of the Criminal Code apply to crimes of violence against multiple victims?
California, United States of America
What are the merits of an Electronic Device Search Condition?
California, United States of America
How much recovery can a plaintiff recover from a motor vehicle accident?
California, United States of America
What is the test for abuse of power, capricious or patently absurd?
California, United States of America
Can a health and safety direction be changed if the impugned phrase does not form part of the direction?
Canada (Federal), Canada
How have the courts interpreted the evidence in the case of appellant's possession of a shotgun and possession of an assault weapon?
California, United States of America
In what circumstances will a mortgagee be liable for any loss and damage caused by negligence on a bill for redemption?
Saskatchewan, Canada
What is the test for proving entrapment?
MultiRegion, United States of America
In what circumstances will a defendant strike from the operative complaint of an anti-SLAPP motion?
California, United States of America
What authority does the Court have to discharge an appellant?
California, United States of America
What is the test for exclusion of a witness?
California, United States of America
In what circumstances has the reference to being on the hot seat been disapproved as part of an overall course of conduct which went beyond legitimate means of persuasion?
Ontario, Canada
What is attorney-client privilege in this circuit?
MultiRegion, United States of America
Does our holding conflict with the definition of a crime of violence?
MultiRegion, United States of America
What is the legal test for submitting a joint penalty at a discipline hearing?
Ontario, Canada
What is the test for discovery of evidence of past misconduct by a California Highway Patrol officer?
California, United States of America
Can a plaintiff's pleadings be amended to add plaintiffs after the expiry of the limitation period?
Ontario, Canada
In a real estate brokerage, what is the effect of an arrangement where an associate broker in a real-estate brokerage who recommended a builder for a client’s home?
Ontario, Canada
What is the test for reversal of instructions given to a jury in a personal injury case?
California, United States of America
What are the elements of a cause of action for money had and received?
California, United States of America
What is the impact of derivative jurisdiction analysis on derivative jurisdiction?
Canada (Federal), Canada
What is the effect of the Court of Appeal's corroboration determination in determining that Page 6 of the National Crime Act is valid?
MultiRegion, United States of America
What is the test for an allegation of ineffective counsel?
MultiRegion, United States of America
What is the objective component of the Eighth Amendment claim?
MultiRegion, United States of America
What is the difference between the words “variations” and “additional conditions” on a policy?
Ontario, Canada
In a personal injury action, is there any evidence that passion and prejudice played a part in the award of attorney fees?
California, United States of America
What are the consequences of an investigation under the Equity Policy?
Nova Scotia, Canada
Can a civil action be maintained only against a legal person?
California, United States of America
What are the consequences of a "doorway arrest" where police without an arrest warrant enter a person's home and arrest the person who opens the door?
California, United States of America
When can a police officer cite and release a detainee?
California, United States of America
Is a permit holder's right to continue possession of an interest that is not a protected entitlement?
MultiRegion, United States of America
Can a probation officer order anger management?
California, United States of America
Is Defendant's argument that the evidence presented to the jury was insufficient sufficient to support the jury's findings?
California, United States of America
What is the current state of the law on leave to amend a pleading?
"New York", United States of America
What are the costs of a successful petitioner who has advanced an extremely exaggerated or fraudulent claim?
British Columbia, Canada
How have the courts in B.C. considered the principle against permitting an accident victim to have double recovery?
British Columbia, Canada
What is relevant evidence in a criminal case?
California, United States of America
What are the consequences of a contract that is unenforceable?
Nova Scotia, Canada
What is the burden of providing an adequate record on appeal to assess claims of error?
California, United States of America
What is the current state of the law on division of assets between spouses?
British Columbia, Canada
What is the test of relevant evidence in a criminal case?
California, United States of America
What is the standard of review for a judge to exercise discretion?
California, United States of America
What is the test for making a mistake of fact in a forgery case?
California, United States of America
What is the burden of proof for discrimination against a police force?
Ontario, Canada
Does a reversal of a bench note indicating that a defendant had committed a crime by mistake of fact be reversed?
California, United States of America
What is the test for reversing a judgment or verdict based on "the erroneous admission of evidence"?
California, United States of America
What is the test for equal protection in the context of criminal convictions?
California, United States of America
Is evidence of a witness's conduct amounting to a misdemeanor involving moral turpitude subject to discovery?
California, United States of America
What is the process used by the Commissioner of Health and Social Care in determining whether an alleged disability is a mental illness?
MultiRegion, United States of America
What is the effect of a negotiated plea agreement between a defendant and the District Attorney's Office?
California, United States of America
Is there any prejudice or prejudice by the court in refusing to give the jury an instruction on unavoidable accident?
California, United States of America
What is the test for a plaintiff to prove that her husband's death was not caused by negligence?
British Columbia, Canada
Is a plaintiff required to state a specific cause of action?
California, United States of America
In what circumstances will a search of a tent for marijuana pursuant to a warrant be illegal?
California, United States of America
Is there any case law where a defendant has been convicted of possession with intent to distribute heroin as charged in Count Two?
MultiRegion, United States of America
What is the current state of the law on corroboration under the BIA?
MultiRegion, United States of America
Does a plaintiff have any grounds for error in her claim that she was denied access to key witnesses by defense counsel?
California, United States of America
Can a massage therapist be found to have bias in their records?
British Columbia, Canada
What is the test for a trier of fact in a medical malpractice case?
California, United States of America
How do we review a trial court's decision to shackle a defendant under the abuse of standard?
MultiRegion, United States of America
What is the legal test for a pro se litigant seeking to amend or amend their complaint?
MultiRegion, United States of America
What is the test for a plaintiff to have a claim advanced for unjust enrichment?
British Columbia, Canada
What is the definition of force in section 288, subdivision (b) of the California Penal Code?
California, United States of America
Can a defendant be held liable for his or her actions or inaction in a motor vehicle accident?
California, United States of America
What is the test for overturning factual findings from the California Court of Appeal?
California, United States of America
What is the test for a motion de novo in a civil case?
MultiRegion, United States of America
What is the test for admitting expert evidence in a medical malpractice case?
Ontario, Canada
Is a claimant entitled to an in specie equal division of travel-related benefits to the time of triggering event?
British Columbia, Canada
What is the test for "general principles of law" in a criminal case?
California, United States of America
What is the test for appointing a substitute attorney at a trial?
California, United States of America
What is the test for determining whether a defendant has made a mistake in assembling all their evidence at trial?
California, United States of America
Can a buyer complain of defects in a product that they have had an opportunity to inspect before purchasing?
Saskatchewan, Canada
What is the test for appointment of counsel in a personal injury case?
MultiRegion, United States of America
What is the test for having a "special relationship" with another party?
Saskatchewan, Canada
What is the test for dismissing a civil complaint for failure to state a claim?
MultiRegion, United States of America
What is the test for a drug dealer to have been convicted of possession of rock cocaine for sale and actively assisting a criminal street gang?
California, United States of America
When will a court grant a writ of habeas corpus relief against a defendant who has pleaded not guilty to a charge on intent?
MultiRegion, United States of America
What is the standard of review in a judicial review of an employment tribunal case?
British Columbia, Canada
