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 a jury to convict a defendant of murder?
California, United States of America
What is the test for determining whether to dismiss a complaint under Section 1915(e.2) of the Civil Procedure Act?
MultiRegion, United States of America
Does a court erred in failing to impose sanctions for abuse of power?
MultiRegion, United States of America
What is the statute of limitation for injuries sustained during pregnancy?
California, United States of America
Can a police officer with a baton, mace and stun gun reasonably fear that a suspect would cause him physical harm?
California, United States of America
What is the test for declaring a litigant vexatious?
California, United States of America
What considerations will the court consider when deciding a separation under the Family Law Act?
British Columbia, Canada
What is the test for an aider and abettor of a murder?
California, United States of America
What is the burden of proving error in a medical malpractice case?
California, United States of America
What is the test for a claim for negligence against a strata?
British Columbia, Canada
Is remand for resentencing required if a defendant has been convicted of assault under the Criminal Code Amendment?
California, United States of America
How is care or control determined in a motor vehicle accident?
Ontario, Canada
What is the effect of a de novo interpretation of a district court's interpretation of state law?
MultiRegion, United States of America
Is there a waiver or forfeiture of a right?
MultiRegion, United States of America
What is the current jurisprudence under the provisions of the Statutory Review of Strata Plan LMS 3265?
British Columbia, Canada
What is the appellate forfeiture rule on a defendant's claim that he lacks the ability to pay any fine or fee imposed at his sentencing?
California, United States of America
What is the test for failing to state a cause of action?
California, United States of America
What is the test for reviewing a restitution order for abuse of law?
California, United States of America
What is the impact of a structured settlement where a plaintiff receives a lump sum award for future care costs?
Nova Scotia, Canada
Is the error in failing to suppress a defendant's extrajudicial statements made without a proper Miranda admonition harmless beyond a reasonable doubt?
California, United States of America
What is the test for resentencing on a second degree burglary charge?
California, United States of America
What is the test for making a timely objection and/or request for admonition?
California, United States of America
Is there any case law where a trial court prohibited defense counsel from referencing the prosecution of O.J. Simpson and the Menendez brothers?
California, United States of America
Does the wife have to wait until after the date of her husband's death to claim his pension?
British Columbia, Canada
What is the standard of review for the purpose of determining correctness?
Manitoba, Canada
What is the test for a motion for a mistrial?
California, United States of America
What is the standard of review for an appellate court reviewing a trial decision?
Alberta, Canada
Can a defendant be convicted of an attempted murder if they have a specific intent to kill?
California, United States of America
Is insufficient evidence sufficient to overturn a jury's verdict?
California, United States of America
Can an application be dismissed without providing an opportunity for oral submissions?
Ontario, Canada
What is the effect of a plaintiff’s behaviour in seeking spousal support for a husband who is a winery owner?
British Columbia, Canada
What is the test for a finding of guilty beyond a reasonable doubt?
California, United States of America
Is there any case law where a plaintiff has been found to be "difficult to meet" by the Court of Appeal?
MultiRegion, United States of America
What is the test for compartmentalizing hearsay in a jury trial?
California, United States of America
What is the impact of a delay in accepting a complaint from a party that has been pending an action for more than six months?
British Columbia, Canada
Does our holding conflict with the definition of a crime of violence?
MultiRegion, United States of America
Does the warranty as to durability of a machine warranty extend to a machine made of good material and durable with good care and proper usage?
Saskatchewan, Canada
What is the test for applying for section 35 of the Constitution?
Canada (Federal), Canada
What is the test for finding a probationer in violation of probation for failing to appear in court on time?
California, United States of America
What is the one year rule in child support?
Ontario, Canada
Is partial summary judgment appropriate?
Ontario, Canada
Is there any case law in which a defendant has been found competent to stand trial?
California, United States of America
What is the test for deference given to an agency's interpretation of its own regulations?
MultiRegion, United States of America
What is the standard of review applicable to the respondent under the CCRA?
British Columbia, Canada
What are the consequences of Proposition 7's increased penalties for first and second degree murder?
California, United States of America
In what circumstances will the District Judge order that the Department of Justice failed to conduct a proper investigation into whether there were any criminal charges brought against the Attorney General for failing to make the necessary tests?
MultiRegion, United States of America
Does a three-judge court need to be convened on the theory that the challenged state policy is informal and not mandated by statute?
MultiRegion, United States of America
What is the current state of the law in relation to Bemore's case?
MultiRegion, United States of America
Does the law of trespass still apply in the context of a commercial parking agreement?
British Columbia, Canada
What is the difference between a plaintiff and his lawyer in a personal injury case?
British Columbia, Canada
What is the legal test for finding that a bankruptcy judge wrongfully found an attorney guilty of misconduct in a claim?
federal, United States of America
What is the value of a psychiatrist's opinion?
British Columbia, Canada
What is the test for reasonable expectations and proportionality analyses in the context of litigation?
Ontario, Canada
What is the test for admitting third party suspect evidence?
Ontario, Canada
Does a defendant charged with first degree murder need to maturely and meaningfully reflect on the gravity of his actions?
California, United States of America
What is the definition of a sale of a one-seventh interest in a subdivision?
British Columbia, Canada
Is a defendant forfeited his due process claim by not first objecting on the ground of forfeiture?
California, United States of America
Is a plaintiff entitled to an award of attorney's fees on a contract where he was not the prevailing party?
California, United States of America
What is the standard of review on appeal when a defendant challenges the sufficiency of the evidence to support his conviction?
California, United States of America
What is the standard of instruction for a jury in a personal injury case?
California, United States of America
Does the Court have any authority or authority to rule on moot questions or abstract propositions?
California, United States of America
Can a customs official waive compliance with a statutory obligation?
British Columbia, Canada
What is the test for interviewing a witness or suspect in a witness interview?
California, United States of America
What are the reasons for judgment in an appeal?
Ontario, Canada
What are the consequences of a motion to strike?
Prince Edward Island, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Does a prison officer have a constitutional right to inspect a prisoner's legal correspondence?
MultiRegion, United States of America
What is the test for equality in s. 15 of the Charter?
Nova Scotia, Canada
What entitlement does a local authority have to return unexpended mitigation fees for failure to make nexus findings?
California, United States of America
Is there any case law supporting the argument that a plaintiff must travel to the right side of the through lane to avoid a collision?
British Columbia, Canada
What are the implications of a federal bankruptcy court's affirmance of a bankruptcy court order requiring the debtor to repay a judgment against him?
MultiRegion, United States of America
What is the motivation of a party seeking to remove counsel?
Ontario, Canada
Can a party who is representing themselves at the Court of Appeal be denied a hearing?
California, United States of America
Do new responsibilities including a new family constitute grounds to support an application to cancel arrears?
British Columbia, Canada
What is the test for a party to elect for trial by jury?
British Columbia, Canada
Does the Attorney General have any authority to grant a petition against the President of the State of California seeking an order of show cause?
California, United States of America
What is the test for reversal of a finding of misconduct in a criminal case?
California, United States of America
What is the burden of proof of waiver in an election?
California, United States of America
Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made?
Ontario, Canada
Is there any ground forfeited on appeal under the Miranda Rule?
California, United States of America
Does the absence of an explanation of the basis of the lodestar amount in a motion for attorney fees and costs require reversal?
California, United States of America
Does the exclusionary rule apply to suppress evidence?
California, United States of America
What is the test for making a formal offer of settlement in a personal injury case?
British Columbia, Canada
What is the test for a conviction of assault with a deadly weapon under section 246 of the California Code of Civil Procedure?
California, United States of America
Is there any case law where the accused was charged with trafficking in a small amount of cocaine?
Canada (Federal), Canada
Does section 1170.1, subdivision (a) of the California Criminal Code apply to the determinate term of an indeterminate life sentence?
California, United States of America
What is the test for probable cause to issue an arrest or search warrant?
California, United States of America
What is the test for equalization under the Income Tax Act?
Canada (Federal), Canada
Does trimming of the hedges constitute a significant change?
British Columbia, Canada
What is the impact of a police officer on a defence counsel’s confidence in their own counsel?
Ontario, Canada
In what circumstances will a defendant succeed in his claim that his signature was forged on his notice of appeal and request for a certificate of probable cause?
California, United States of America
In what circumstances will the Court uphold a finding of deliberate murder?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the current state of the law on contempt in family proceedings?
Manitoba, Canada
Is a search warrant valid to arrest a suspect?
California, United States of America
How has the adjudicator assessed the credibility of an independent witness at a motor vehicle licence hearing?
British Columbia, Canada
Is possession of a controlled substance while incarcerated eligible for resentencing pursuant to section 1170.18?
California, United States of America
What is the test for a plaintiff to bring a motion to amend her name to make changes to her name?
Ontario, Canada
Is solicitor client privilege limited to the opening of solicitor client mail and even reading if necessary?
Ontario, Canada
Does Section 132 of the California Family Law Act apply to a family law hearing regarding wage garnishment?
California, United States of America
What is the test for an allegation of criminal intent in a criminal case?
MultiRegion, United States of America
What is the test for pleading a new ground or claim that is inconsistent with that party's previous pleading?
British Columbia, Canada
When is a passenger not required to wear a safety belt?
Ontario, Canada
What is the test for overturning a conviction for sexual assault?
California, United States of America
What constitutes misconduct in a trial if a judge makes disparaging remarks to defense counsel?
California, United States of America
What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act?
California, United States of America
Is there a direct aider and abettor liability for murder?
California, United States of America
What is the test for reducing the sufficiency of evidence in a criminal case?
California, United States of America
Is a plaintiff entitled to an award of attorney fees?
California, United States of America
What is the test for a jury to find a person guilty of a felony murder?
California, United States of America
Are there any considerations that support the denial of the writ of appeal against the statute of limitation in the context of a fourteenth amendment violation claim?
MultiRegion, United States of America
What analysis a court must undertake in determining costs?
Ontario, Canada
What is the standard of review for a statutory appeal?
Alberta, Canada
Does the word “testamentary expense” include estate duty on personal property?
Saskatchewan, Canada
What is the test for a claim for unjust enrichment?
British Columbia, Canada
What is the effect of the Court of Appeal's ruling that the duration of a burglary lasts until the perpetrator leaves the structure?
California, United States of America
Can a judge set two separate actions, one commenced under Rule 66 and one under Rule 68, at the same time, for the same day?
British Columbia, Canada
What is the test for dismissing a juror?
California, United States of America
Can the federal government sue a state in federal court?
MultiRegion, United States of America
What is the test of merit and recourse in federal public service employment?
Canada (Federal), Canada
Is a defendant who waives any or all Penal Code section 654 violations by failing to object below?
California, United States of America
What is the test for reviewing an award of attorney fees at the Court of Appeal?
California, United States of America
What is the test for having a mental health disorder?
California, United States of America
What is the test for making a testimonial statement in a criminal case?
California, United States of America
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately?
California, United States of America
How have courts interpreted the exception in the context of workers' compensation cases?
MultiRegion, United States of America
Does a trial court have a sua sponte duty to instruct on self-defense?
California, United States of America
What is the test for abuse of a district court's refusal to appoint counsel?
MultiRegion, United States of America
What is the test for admitting identification evidence in a civil case?
MultiRegion, United States of America
What is the standard of review for a claim of ineffective assistance of counsel?
California, United States of America
Is there any case law supporting a defendant's conviction under a lying in wait theory?
California, United States of America
What is the effect of failing to assert a timely and specific Miranda claim on appeal?
California, United States of America
What are the grounds of ineffective assistance in a criminal case?
California, United States of America
What is the burden of burden on the petitioner in a civil case?
MultiRegion, United States of America
Is there any case law supporting the argument that alternative assessments are not scientific experiments?
Canada (Federal), Canada
What is the standard of review of a claim?
California, United States of America
Is a freestanding actual innocence claim cognizable in a federal habeas corpus proceeding in the non-capital context?
MultiRegion, United States of America
What is the standard of review applied by the California Court of Appeal?
California, United States of America
What is the state of the law in relation to the interpretation of section 7434 of the Tax Code?
California, United States of America
Can the evidence of fraud and dissipation of assets be inferred together?
Ontario, Canada
Is a defendant entitled to credit for time spent in custody under section 2900.5 of the California Criminal Code?
California, United States of America
What are the consequences of a finding of error in a motion for personal injury?
MultiRegion, United States of America
What is the relevant case law in the context of the substantive elements of a sexual assault case?
MultiRegion, United States of America
What is the impact of segregation on the applicant's mental health?
Canada (Federal), Canada
Is it a tactical decision by defense counsel not to introduce any evidence of ownership of horses from any source?
California, United States of America
Can a defendant in a personal injury case treat the abandonment of an agreement as abandoned?
Saskatchewan, Canada
Is it possible to set aside an agreement where the parties have received independent legal advice?
Ontario, Canada
Is there any case law supporting the argument that the trial judge was wrong in refusing to grant a continuance?
MultiRegion, United States of America
What is the test for obtaining an express warranty or an independent examination of the premises?
Ontario, Canada
When is an Indian's salary subject to tax?
Alberta, Canada
Can qualified privilege be lost in circumstances where there is malice or reckless disregard for the truth?
British Columbia, Canada
If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences?
California, United States of America
What are some of the most important statements ever made by a police officer in a criminal case?
California, United States of America
Does an RICO indictment that fails to allege that a forged document is a crime?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
Does the federal government have a role in establishing and maintaining a criminal bootlegging operation?
MultiRegion, United States of America
Can a debtor in possession avoid prepetition security interests that have not been properly perfected?
federal, United States of America
Is there any case law where a delay of more than 20 years was justified by impecuniosity?
British Columbia, Canada
What is the test for establishing that misconduct was a direct or exclusive cause?
California, United States of America
Is there a class action for personal injury and property damage caused by toxic pollution?
California, United States of America
Is the court’s position on costs for personal injury cases in the context of the case management system?
Manitoba, Canada
What is the test for making a declaration of sufficient a statement that the value of a property was not to exceed 16 hundred dollars?
California, United States of America
Is a plaintiff entitled to Management fees?
British Columbia, Canada
What is the difference between Sixth Amendment rights and Fifth Amendment rights?
California, United States of America
Does the Sixth Amendment apply to a defendant who has been charged with a similar crime?
California, United States of America
What is the presumptive disposition of a client's bank account?
Ontario, Canada
Does Umarov have to waive the right to appeal against the US Immigration Agency's denial of his application for asylum?
MultiRegion, United States of America
What is the test for evidence of poverty in a criminal case?
California, United States of America
What is the test for assessing future income loss damages in a motor vehicle accident?
British Columbia, Canada
Does the doctrine of search authorization based on an unknown search condition apply?
California, United States of America
Does section 190.2 of the California Code of Civil Procedure apply to the death penalty?
California, United States of America
What is the test for reversing a jury verdict in a sexual assault case?
California, United States of America
What is the test for determining whether a testator has a moral obligation to provide for his or her children?
British Columbia, Canada
What are the grounds for wrongful dismissal of an employee?
Nova Scotia, Canada
Does the Attorney General's theory in closing argument conflate the two charges of kidnapping with false imprisonment?
California, United States of America
What is the scope of a district court's authority to revoke probation when the conditions of the probation have been violated?
MultiRegion, United States of America
What impact will the California Supreme Court have on child support payments?
California, United States of America
Can an individual remedy under s. 24(1) of the Charter be made retroactive if the provision has been suspended?
British Columbia, Canada
Can a bed and breakfast restaurant operate within the permitted use of a golf club?
British Columbia, Canada
How have the courts treated extraordinary expenses in child support cases?
British Columbia, Canada
What factors must the reviewing court consider in determining whether a decision is final or subject to appeal?
Alberta, Canada
Are defendants entitled to qualified immunity for failing to provide fair notice of Section 240.30(1) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Can a jury rest its first degree murder verdict on the theory that defendant committed a kidnap for ransom?
California, United States of America
What is the test for appeal against a jury verdict in a motor vehicle case?
MultiRegion, United States of America
What is the test for determining whether a verdict for receiving stolen property is reasonable?
California, United States of America
What is the test for obtaining a search warrant and consent authorization under section 487 and section 184.2 of the Criminal Code?
Ontario, Canada
Is there any evidence to support a claim that Delancey Street was responsible for the death of defendant in a motor vehicle accident?
California, United States of America
Can a defendant avoid double punishment under section 654 of the California Penal Code?
California, United States of America
Is a section 654 claim waived?
California, United States of America
Does section 43 of the Rules of Civil Procedure apply to a constructive trustee?
Saskatchewan, Canada
Is there any case law where a defendant has been found not guilty of sexual assault by a jury?
MultiRegion, United States of America
What is the test for a search warrant for a home in which there is evidence of mortgage fraud?
California, United States of America
What is the standard for obtaining severance orders in personal injury cases?
British Columbia, Canada
Is knocking on a door and stepping out of view to lure a suspect outside of his home a violation of the Fourth Amendment?
California, United States of America
Does the prosecution have failed to prove beyond a reasonable doubt that a defendant did not act in self-defense in an assault case?
California, United States of America
How have courts treated errors of judgment in medical malpractice cases?
Alberta, Canada
What is the test for an application for an order of urgency?
Ontario, Canada
Does the Attorney General's general statement that confidential information is frequently used in such cases violate constitutional protection?
MultiRegion, United States of America
In a personal injury case, how have formal instructions been used to instruct the jury on the presumption of innocence and proof beyond a reasonable doubt?
California, United States of America
What is the burden of proof to prove the issue of withdrawal?
California, United States of America
