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 outrageous government conduct defense?
MultiRegion, United States of America
Does the Fifth Amendment require suppression of a custodial statement?
MultiRegion, United States of America
What constitutes a Ponzi scheme?
California, United States of America
Is there any evidence of commitment, permanence, affinity, and connection?
British Columbia, Canada
What is the test for a prison official to be found guilty of breaching the Eighth Amendment by failing to provide adequate medical and dental care for an inmate?
MultiRegion, United States of America
In what circumstances will a defendant be able to plead guilty to a charge of possession of a firearm under section 12021 of the Penal Code?
California, United States of America
Does the limitation period apply to post-conviction relief applications?
MultiRegion, United States of America
What is the test for reducing a plaintiff's attorney fees for work on unsuccessful claims?
California, United States of America
What is the burden of proving permanent impairment of a bodily function?
Ontario, Canada
How have the courts interpreted the meaning of section 65(1)(e) of the Rules of Civil Procedure in the context of an individual's ability to be self-sufficient?
British Columbia, Canada
What is the test for establishing a prima facie case of group bias?
California, United States of America
What is the importance of confidentiality in the relationship between a solicitor and client?
Ontario, Canada
Is there any difference between the amount of time opposing counsel spends and the amount that the opposing attorney would have received under the lodestar calculation?
MultiRegion, United States of America
How has Judge Pothecary considered the aspirations of each parent in the context of the best interests of the child?
British Columbia, Canada
What is the burden of a defendant to show a reasonable likelihood that they understood or applied the prosecutor's comments?
California, United States of America
What is the analysis under section 1170.12, subdivision 654.12 of the Penal Code (a)(6) of the Criminal Code?
California, United States of America
What is the test for a material change in custody?
Manitoba, Canada
Is the old slip rule limited to a point that the court has considered and decided in its reasons?
British Columbia, Canada
How have courts dealt with the issue of state interference in a criminal trial?
California, United States of America
What factors are considered to determine whether a plaintiff can bring a claim in a different venue?
MultiRegion, United States of America
What is the test for alleging conspiracy under section 1983 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Can a prosecutor ask a defendant whether he ever done a favor for a judge?
MultiRegion, United States of America
What are the consequences of an unproven allegation of fraud and other misconduct?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Is it proper for a court on a Rule 76.07 motion for judgment to determine a genuine issue including making findings of credibility?
Ontario, Canada
What is the current state of the law in Canada when it comes to dealing with the issue of medical malpractice?
British Columbia, Canada
What is the test for making out a case of discrimination under section 504?
MultiRegion, United States of America
What is the test for dismissing a prior strike?
California, United States of America
What is the state of the mind of the accused in a civil fraud case?
Alberta, Canada
Can a disposition be fraudulent conveyance?
British Columbia, Canada
What is the test for arrest and detention of a defendant in a criminal case?
MultiRegion, United States of America
What constitutes a "taking" or "police power" of a state?
MultiRegion, United States of America
What is the legal test for mental competence to stand trial?
California, United States of America
What is the test for allowing a defendant to present a defense?
California, United States of America
Is a defendant's refusal to take a breathalyzer test admissible evidence?
California, United States of America
Does a Native American tribe have the authority to stop non-Indians from committing crimes on their land?
MultiRegion, United States of America
Does the concurrence provision in the Federal Constitution violate the federal constitution?
California, United States of America
What is the test for reasonable discovery under the delayed discovery rule?
California, United States of America
In what circumstances can an application be denied a visa to work in a certain occupation?
Canada (Federal), Canada
Is a defendant permitted to explain to the jury why he is accused of sexually assaulting a minor?
California, United States of America
What is the per se reversible error rule?
California, United States of America
Does the BCSC have a duty of care in the context of misrepresentation in the negotiation process?
British Columbia, Canada
What is the scope of an application to amend the pleadings?
British Columbia, Canada
What are the elements of a stalking claim?
"New York", United States of America
What is the current state of the law in the context of a claim for unjust enrichment?
Ontario, Canada
Does section 654 of the Ontario Criminal Code apply in a case?
California, United States of America
Can a federal district court deny a hearing under Section 2255 of the Criminal Code for abuse of discretion?
MultiRegion, United States of America
Does the court need to consider all the relevant factors before making a decision on a "checklist" of factors?
British Columbia, Canada
What is the test for overturning a conviction of second degree murder?
California, United States of America
What is the test for substantive reasonableness under what is the "deferential abuse of discretion" standard?
MultiRegion, United States of America
What is discoverability for the purposes of determining damages?
Ontario, Canada
What are the legal standards used by a district court in awarding attorney fees for abuse?
MultiRegion, United States of America
What is the test for asserting Fifth Amendment privilege?
California, United States of America
Is necessity a defense in a sexual assault case?
California, United States of America
What is the state of the law on the consent of a defendant in a search without a warrant?
MultiRegion, United States of America
Can an expert witness give an opinion on the ultimate issue of law?
MultiRegion, United States of America
What is the test for establishing a probable cause in a personal injury case?
Ontario, Canada
Is loss of homemaking capacity compensable?
British Columbia, Canada
What is the test for warrantless search and seizure?
Nova Scotia, Canada
When a defendant's attorney-client privilege is breached, is it a "structural defect" in the trial process, rather than a "trial error"?
California, United States of America
Can a court set aside a domestic contract on grounds of unconscionability, duress, and misrepresentation?
Ontario, Canada
Does Section 12022.5(a) of the California Criminal Code apply to a defendant who, as a result of an assault, was carrying a knife?
California, United States of America
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review?
California, United States of America
What is the legal test for an accomplice in a criminal case?
California, United States of America
Is there a standard of deliberate indifference to inadequate medical care for pretrial detainees?
MultiRegion, United States of America
How is the substantial evidence standard applied in medical malpractice cases?
California, United States of America
How has section 654 of the California Street Terrorism Act been interpreted in the context of a drive-by shooting?
California, United States of America
How have the courts interpreted a probation officer's report on a death penalty application?
California, United States of America
What rights does a prisoner have when he is charged with a disciplinary violation?
MultiRegion, United States of America
What is the test for determining whether a federal government agency failed to properly maintain records?
MultiRegion, United States of America
Is the exclusion of time for a continuance to allow defense counsel time to prepare motions?
MultiRegion, United States of America
In what circumstances will a jury be asked to give an immediate and final instruction to the jury concerning the issues of concern?
British Columbia, Canada
When will a husband and wife agree to a 50% income split?
Ontario, Canada
What is the test for denying a motion for judgment of acquittal?
MultiRegion, United States of America
What is the test for determining whether an appointee holds his position de jure?
"New York", United States of America
What is the test for dischargeable debt under section 523(a)(2)(A) of the Bankruptcy Code?
MultiRegion, United States of America
What is the effect of a boycott by a trade association on competition if both the boycotters and their victims are members of the same trade association?
MultiRegion, United States of America
In what circumstances will the city attorney refer to the district attorney in criminal cases where the alleged misdemeanant is a city employee?
MultiRegion, United States of America
What is the test for obtaining a court order or informing a witness that the government had made a recording of a conversation between Barone and Sacco?
MultiRegion, United States of America
What is the test for a Miranda rights waiver?
California, United States of America
What is the test for a final order in a family law case?
Ontario, Canada
What is the Attorney General's ground for upholding a search warrant for a house search?
California, United States of America
What rights does a plaintiff have to attend a personal injury trial?
California, United States of America
What is the test for a criminal defendant to have access to counsel?
California, United States of America
Can a defendant be punished for multiple criminal offences under section 654 of the California Criminal Code?
California, United States of America
When a parent remarries, and the new spouse stays home to look after the child, is it considered a lifestyle choice?
British Columbia, Canada
Does corroboration need to be sufficient to convict a defendant of sexual assault?
California, United States of America
What are the implications of a court's ruling regarding the admissibility of evidence for abuse of power?
California, United States of America
Is a prison policy that prohibits same-sex marriage unconstitutional if it involves the "unnecessary and wanton infliction of pain"?
MultiRegion, United States of America
What is the test for inference of negligence in cases involving rear-end collisions?
British Columbia, Canada
What are the implications of section 171 and 172 of the Strata Plan LMS LMS 888?
British Columbia, Canada
Is a probation condition requiring a probationee to not be involved in any criminal street gang unconstitutional?
California, United States of America
Does a church official possess church property if he or she has control or the right to control the property?
California, United States of America
What are the attorney's fees payable to plaintiff as the prevailing party in both appeals?
California, United States of America
Is there any case law where a respondent has not remit collected GST to the government?
British Columbia, Canada
What is the test for a mistrial when prejudicial publicity has been found to have prejudiced a jury?
MultiRegion, United States of America
Does Canada have an obligation to extradite an individual to a foreign jurisdiction to stand trial in the country where they were charged with criminal offences?
Canada (Federal), Canada
When making a finding of current market value, does the inclusion of a normal real estate commission?
California, United States of America
What is the law of evidence in civil cases?
Prince Edward Island, Canada
What is the test for a judge to order the involuntary administration of an antipsychotic medication?
California, United States of America
What is the test for performing ineffective counsel on a search warrant?
California, United States of America
Can a search or seizure under the Fourth Amendment be conducted without reasonable reason?
California, United States of America
Is theft of access card information a crime eligible for reduced punishment under Proposition 47?
California, United States of America
Is coercive police activity a prerequisite for a finding that a confession was involuntary?
California, United States of America
Can a victim be compelled to be interviewed by the defense?
California, United States of America
What is the test for reversal of a verdict in a civil case based on error in state law?
California, United States of America
How have courts treated first names in family law cases?
California, United States of America
What role does the Minister of Justice (“Minister of Justice) in dealing with the issue of extradition?
Ontario, Canada
Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive?
California, United States of America
What is the test for impairment in a disability claim?
MultiRegion, United States of America
What is the legal test for complaint against the Court of Appeal?
Alberta, Canada
Can non-resident class members be protected in a class action?
Ontario, Canada
Does a Master have the authority to grant intrusive testing?
Ontario, Canada
Is there any case law in which a plaintiff was denied damages or costs by a Respondent who had continued his adulterous relationship with the Respondent?
Saskatchewan, Canada
What is the genuine issue for trial where there is no realistic possibility of an outcome other than that as sought by the Applicant?
Ontario, Canada
What is the burden of making a claim that a judgment is wrong?
California, United States of America
In a personal injury action, is a lawyer entitled to attorney fees?
California, United States of America
What is the role of the general partner of a private partnership?
Alberta, Canada
When will a defendant be found guilty of a criminal offence under the Three Strikes Law?
California, United States of America
Does a court's order for a surety to release a defendant's bond materially increase the surety's risk on the bond?
California, United States of America
What is the defense of an employer in an action for wrongful dismissal of an employee?
California, United States of America
What is the test for determining parental involvement with regard to the children?
Saskatchewan, Canada
How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction?
MultiRegion, United States of America
Is there any case law supporting the use of the mark DRAIN RESCUE?
Canada (Federal), Canada
What is the test for a conscientious objector claim?
MultiRegion, United States of America
What is the test for admitting evidence that a person committed a crime, civil wrong or other act?
California, United States of America
What is the current state of the law regarding the Fifth Amendment right of a defendant not to testify in a civil case?
MultiRegion, United States of America
Can expert testimony be compelling support for an affirmative defense of insanity?
MultiRegion, United States of America
Is RRSP income presumptively part of a spouse's income for child support purposes?
Ontario, Canada
In what circumstances will a defendant be denied a face-to-face encounter with a witness who testifies in court wearing a ski mask?
California, United States of America
What is the test for a plaintiff to plead in a civil rights case in which they have no legal training?
MultiRegion, United States of America
What is the test for a conviction for possession of a slungshot?
California, United States of America
Can expert opinions based on assumed facts be admissible at trial?
British Columbia, Canada
Is sufficient evidence to sustain a conviction for the completed crime of criminal threats?
California, United States of America
Can a lawyer who has a conflict of interest be removed from the record?
British Columbia, Canada
What is the test for a motion to reopen a hearing for abuse of power?
MultiRegion, United States of America
What is the test for rectification of a title under the Land Titles Act?
Ontario, Canada
Is a plaintiff entitled to attorney's fees under section 1717 of the Contract?
California, United States of America
Does the Attorney General's argument that a conviction on a charge of sexual assault against a minor be proven at trial?
California, United States of America
What is the prima facie case requirement for establishing that a defendant before the court is not a criminal defendant?
"New York", United States of America
Is third party culpability evidence in a federal civil case permissible?
California, United States of America
Does a post hoc assessment of a person's mental state need to be conducted before the time of trial?
California, United States of America
How have courts interpreted the phrase "forcible compulsion" in the context of sexual assault cases?
"New York", United States of America
What is the test for ineffective counsel in criminal proceedings?
California, United States of America
What is the effect of a Minister's Statement of Facts and Evidence on a Notice of Revocation?
Canada (Federal), Canada
What is the test for excess recovery in an employment insurance claim?
Canada (Federal), Canada
How does a court review a request for modification of a child support order?
California, United States of America
Does the Attorney General have jurisdiction to issue a criminal conviction assessment or a restitution fine?
California, United States of America
What is the current state of the law on s. 7 protection against police tricks in the pre-detention period?
Alberta, Canada
What is the specific intent required in a felony murder case?
California, United States of America
What is the test for admitting a criminal defendant's prior conviction?
California, United States of America
Is it a professional decision not to introduce medical evidence?
MultiRegion, United States of America
What is the meaning of section 3369 of the California Code of Civil Procedure?
California, United States of America
Is section 9(d) of a collective agreement required to include a health and social care plan?
British Columbia, Canada
What is the estimated time of trial for a civil jury application?
Alberta, Canada
Can Midland sue for damages arising from Harbottle?
Ontario, Canada
What are the essential elements of an action for money?
California, United States of America
What is the test for deference to a state court's decision not to issue a notice of appeal to the federal court?
MultiRegion, United States of America
In what circumstances will the court order costs on a solicitor and client scale?
Ontario, Canada
What is the standard of review applied to a Minister's surrender decision?
British Columbia, Canada
Is a prosecutor's questioning and commentary of evidence prejudicial in a sexual assault case?
California, United States of America
What is the test for making a claim of selective prosecution?
MultiRegion, United States of America
What are some cases dealing with abuse of a superior court?
California, United States of America
What is the test for a reversal of a finding of possession of a weapon or controlled substance?
California, United States of America
What is the test for a person to be able to enter into a contract?
California, United States of America
What is the current state of the law in the context of a search warrant application?
MultiRegion, United States of America
What is the effect of prosecutor's overkill on the testimony of a witness in a criminal case?
MultiRegion, United States of America
What is the standard of review for violations of the right to interpreter?
California, United States of America
Can a defendant be found guilty of attempted murder (or voluntary manslaughter) if his intent was either to kill or to kill everyone on the dance floor?
California, United States of America
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit?
California, United States of America
What is the impact of subjective feelings on an assessment of sexual harassment?
British Columbia, Canada
Does Hudson have to file a personal injury brief in the Court of Appeal?
California, United States of America
How have courts dealt with the issue of coerced testimony?
California, United States of America
Can a defendant rely on a probation officer's recommendation for a trial court's consideration?
California, United States of America
Is a policy of insurance for LTD benefits a contract of indemnification?
New Brunswick, Canada
What is the test for probable cause in the malicious prosecution context?
California, United States of America
What is a cause of action for defamatory language in a libel action?
California, United States of America
Does a convicted bank robber get a second trial?
MultiRegion, United States of America
Does a judge have to "read every word" of an exhibit as part of Rule 403 balancing?
MultiRegion, United States of America
What is the test for a charge of obstructing the discharge or discharge of a peace officer?
California, United States of America
What is the test for driving under the influence of alcohol?
California, United States of America
What is the test for admitting hearsay at trial?
"New York", United States of America
What is the date of accrual of a right to petition to compel arbitration?
California, United States of America
Is the exclusionary clause in a personal injury insurance application "conspicuous, plain and clear"?
California, United States of America
Is there any case law that supports the argument that a degree of financial strain was a motive for arson?
British Columbia, Canada
Is a court wrong to impose a concurrent sentence on a shooting at an occupied vehicle conviction pursuant to section 654 of the California Criminal Code?
California, United States of America
What is the test for possession of a firearm during the commission of a crime?
California, United States of America
Does assault by means of force likely to produce great bodily injury constitute a crime?
California, United States of America
What is the test for failing a breath test for an ASD?
British Columbia, Canada
What is the test for privileged information?
Ontario, Canada
Can a claim be waived in an action challenging the constitutionality of an administrative statute?
California, United States of America
What is the relevant case law for assessing non-pecuniary damages in a personal injury case?
British Columbia, Canada
What is the test for negligence in a medical malpractice case?
Alberta, Canada
Is Vicki's contribution to the matrimonial home equalization calculation sufficient?
Ontario, Canada
What is the test for cross-examination in law?
California, United States of America
Does Section 845.8 of the California Public Safety Act grant immunity from liability for injuries sustained by a police officer in an incident involving an escaped prisoner?
California, United States of America
What is the test for default judgment in a personal injury matter?
MultiRegion, United States of America
Is there any evidence of a subsequent robbery admissible under Rule 404(b) of the Criminal Code?
MultiRegion, United States of America
Does section 1203.067, subdivision (b)(4) of the California Probation Act require a defendant to waive the psychotherapist-patient privilege to communicate with a probation officer?
California, United States of America
What is the test for a loss of income under the BCAA?
British Columbia, Canada
