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 constitutes misconduct when an officer makes an unlawful or unnecessary arrest?
Ontario, Canada
What is the test for determining the correctness of jury instructions in a sexual assault case?
California, United States of America
Does a defendant have to plead a former adjudication as a defense in an action to establish paternity and obtain support?
California, United States of America
Can a private cause of action be brought for a violation of Rule 10b-10?
MultiRegion, United States of America
What is the test for overturning a finding of guilty of sexual assault by a jury?
MultiRegion, United States of America
What is the test for determining liability for negligence in a motor vehicle accident?
California, United States of America
What is the test for insufficient evidence to convict a BATF agent of possession of an assault rifle?
MultiRegion, United States of America
Does Defendant Banks have any grounds to impeach himself as a witness?
California, United States of America
Can a defendant be punished for multiple crimes under section 654 of the California Criminal Code?
California, United States of America
What are the elements of misbehaving in public office?
Canada (Federal), Canada
In what circumstances will a court order a party to pay solicitor/client costs to the successful in a challenge?
Alberta, Canada
What is the test for determining whether defendant was armed during the commission of his current criminal conviction?
California, United States of America
What constitutes a misdemeanor under Section 702 of the California Welfare and Institutions Code?
California, United States of America
Is a licensee of a revocable license entitled to notice of revocation and a reasonable time afterwards to remove his goods?
Saskatchewan, Canada
Is a settlement agreement a form of contract?
Nova Scotia, Canada
What is the effect of the double jeopardy rule on a jury trial?
California, United States of America
What are the consequences of a jury finding a defendant guilty of rape and oral copulation while armed with a deadly weapon?
California, United States of America
What is the current state of the law on criminal copyright infringement?
MultiRegion, United States of America
What is the difference between a parenting report ordered under s. 211 of the BC Family Law Code?
British Columbia, Canada
What is the test for race-conscious relief under section 706(g) of the Civil Rights Act?
MultiRegion, United States of America
Does section 352 of the California Criminal Code apply to a defendant's evidentiary test?
California, United States of America
What is the current state of the law on the mens rea requirement?
MultiRegion, United States of America
What is the test for a claim of intentional relinquishment of a right or privilege?
California, United States of America
What is the effect of italicized language in the text of the Attorney General’s letter to the Teachers’ Federation?
British Columbia, Canada
What is the onus on the applicant to justify a departure from the Guideline amount of support?
Ontario, Canada
Does the term "in custody" under section 859b of the California Penal Code apply to defendants in custody by reason of pending charges?
California, United States of America
Is there any case law where an attorney is not held to the rule of infallibility?
"New York", United States of America
Can a court award costs beyond the limits of the Fast Track rule?
British Columbia, Canada
What is the test for an order granting or denying class certification for abuse of discretion?
MultiRegion, United States of America
What is the test for a motion by a defendant to obtain a continuance to replace retained counsel at trial?
California, United States of America
Is there any case law in which a defendant has been found not guilty of a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
Does a physician have a license to inflict medical procedures against your will?
MultiRegion, United States of America
What are some examples of civil cases involving Minister of Justice (Minister of Justice) Minister for Justice?
Ontario, Canada
Does the Second Amendment protect modern forms of communications?
MultiRegion, United States of America
What is the effect of the rule of finality on appeal?
MultiRegion, United States of America
What is the test for making a 911 call about a potential shooting?
"New York", United States of America
Does the court abuse its power to admit evidence of a prior lewd act against L.G.A.A defendant as propensity evidence?
California, United States of America
Is a defendant permitted to maintain a "no liability" position?
Ontario, Canada
If a defendant is released from supervised release under supervision under section 3553(e)(4) of the Criminal Code, can he be placed under house arrest?
MultiRegion, United States of America
How has section 654 of the California Vehicle Robbery and Carjacking Act been interpreted?
California, United States of America
Can a defendant appeal his conviction for possession of a firearm with intent to endanger life?
California, United States of America
What is the proper conduct of counsel in cross-examination?
British Columbia, Canada
What is the test for section 24 of the Child Support Act?
Alberta, Canada
Does a court have to relieve a plaintiff from the requirement of an injunction bond under section 529 of the Code of Civil Procedure?
California, United States of America
In what circumstances have aliens been granted judicial review of a similar administrative determination?
MultiRegion, United States of America
What is the test for excessive force under the Eighth Amendment?
MultiRegion, United States of America
What is the test for recovery in a personal injury action?
British Columbia, Canada
What is the impact of the US Supreme Court's recent decisions on the right to appeal against the US Federal Reserve's decision to withdraw funds from the Bank of America?
California, United States of America
When determining just cause for dismissal of an employee, is the employee’s misconduct justified?
British Columbia, Canada
What is the test for determining whether a court abused discretion by refusing to grant a continuance of a sentencing hearing to allow defense counsel to investigate allegations of juror misconduct?
California, United States of America
Does the fact that the area outside the house is within the curtilage of the home bar the police from viewing the front door of the house, or does the area surrounding the house have to be cordoned off by the police?
"New York", United States of America
Does the Double Jeopardy Clause apply to federal prosecution?
MultiRegion, United States of America
Does the Attorney General have any responsibility for determining whether a defendant must pay a crime-lab or drug program fee for each conviction?
California, United States of America
How have courts in BC dealt with disinherited inheritances?
British Columbia, Canada
What is the presumption of advancement when the transferor is a husband and the transferee is a wife?
British Columbia, Canada
What is the test for a claim of misconduct against a judge?
California, United States of America
Can an arbitrator update caselaw presented to him or her?
Nova Scotia, Canada
What is the current state of the law on "barter" and "customary trade"?
MultiRegion, United States of America
What is the test for alleging unlawful interference with economic or contractual relations?
Ontario, Canada
Can a judge set aside a judgment procured as a result of clerical error?
California, United States of America
Is a plaintiff's contention that an arbitrator was disqualified due to opioid use forfeited if they did not raise the issue at any point during the arbitration proceedings?
California, United States of America
What is the basis for an unfair labor practice claim brought by an employer against a retail store?
MultiRegion, United States of America
Is it problematic to force an unwilling applicant to pursue a dispute with the CRT?
British Columbia, Canada
What is the test for pleading under the Civil Rights Act?
MultiRegion, United States of America
Does a person have a right to use force to resist a search and seizure?
California, United States of America
In what circumstances can a libel action be brought against an article that refers to a sedition trial?
MultiRegion, United States of America
What is the legal test for using the term "sentence" in a criminal case?
California, United States of America
Is a third party party responsible for the spoliation of a plaintiff in a motor vehicle accident?
California, United States of America
Is a mere error of state law not a denial of due process?
California, United States of America
When will a court determine whether a defendant waived his right to be present at trial?
California, United States of America
What constitutes a coercive interrogation in a criminal case?
MultiRegion, United States of America
What is the impact of imputing income on a child support claim?
Ontario, Canada
What is the legal test for qualified immunity in the context of a Fourth Amendment unreasonable force claim?
MultiRegion, United States of America
What is the test for substantial evidence in a criminal case?
California, United States of America
Is a city charter that authorizes the discharge of a police officer who refuses to waive immunity from prosecution when he appears before a grand jury?
California, United States of America
Is there an uncharged sexual assault committed by Doe 2 on the same date as the assault on the other Doe 1 victim?
California, United States of America
What is the test for the prosecution to locate an absent witness?
California, United States of America
What effectual relief can appellant seek even if we address whether appellant was entitled to discovery in connection with respondent's attorney fees motion?
California, United States of America
What is the current state of the law on joint custody of a two-year-old child?
Ontario, Canada
Can an alien who alleges procedural errors at the Department of the INS bring a claim against the INS?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for freedom of religion in Canada?
Alberta, Canada
What is the burden of a Commissioner in determining whether a claimant bears the burden at step five of a disability claim?
MultiRegion, United States of America
What are the rules relating to failure to give instructions?
California, United States of America
When a defendant is charged with burglary and receiving stolen property in circumstances where conviction for both offenses is prohibited, what is the appropriate instruction to the jury?
California, United States of America
Does Section 186.22, subdivision (b)(5) of the California Criminal Code apply to a life sentence for a man convicted of attempted murder committed for the benefit of a street gang?
California, United States of America
What is the test for sufficiency of evidence in a burglary case?
California, United States of America
Is restoration of property a defense to an embezzlement charge?
California, United States of America
Does an applicant have to corroborate the testimony of a co-accused?
MultiRegion, United States of America
Is a person guilty of burglary if they enter a house with the intent to commit larceny or any felony?
California, United States of America
How have the courts interpreted the phrase "knew" or "ought to have known" that someone was operating without the consent of the owner?
British Columbia, Canada
What is the current state of the law on the implied covenant of good faith?
California, United States of America
What is the test for a Title VII retaliation claim?
MultiRegion, United States of America
What is the test for reviewing the findings of the Court of Appeal in a civil case?
California, United States of America
Is a defendant's knowledge that the gang's members engage in criminal activity inferable from the same evidence that shows their active participation in the gang?
California, United States of America
Can a signature verification card be the subject of a forgery within the meaning of section 470 of the Penal Code?
California, United States of America
What is the impact of a motor vehicle accident on a young woman's neck and shoulder?
British Columbia, Canada
What is the test for sentencing for multiple convictions under section 654 of the Criminal Code?
California, United States of America
Does a finding that plaintiffs have failed to state a cause of action constitute a de novo?
MultiRegion, United States of America
Under what circumstances will a court refuse to instruct a jury on a lesser included offence?
California, United States of America
When will a step-mother be awarded specified access to the child by the biological mother and father of the child?
Ontario, Canada
What is the test for a motion to strike or exclude evidence in a criminal case?
California, United States of America
In what circumstances will a police officer be found guilty of deliberate indifference in a civil case for failing to prevent violence at a political rally?
MultiRegion, United States of America
What is the test for apportioning fault between a plaintiff and a defendant driver?
British Columbia, Canada
Is a Defendant's failure to object or request a clarifying instruction below forfeits his ability to challenge the given instruction?
California, United States of America
Does a sentence imposed under a plea agreement violate the plea agreement?
MultiRegion, United States of America
Does the statute of limitations apply to a state habeas petition?
MultiRegion, United States of America
What is the burden of proving ineffective assistance of counsel?
California, United States of America
What is the test for obtaining evidence for trial in a medical malpractice case?
California, United States of America
What is the current state of the law on due process in civil cases?
MultiRegion, United States of America
Is there a contractual relationship between the parties?
Ontario, Canada
What is the test for authenticity in a civil case?
MultiRegion, United States of America
How have courts interpreted the general intent instruction in the arson statute?
California, United States of America
Under what circumstances can an attorney withdraw from an appeal?
MultiRegion, United States of America
Is a transfer made by a parent to a child a loan or a gift?
British Columbia, Canada
Is it misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence?
California, United States of America
What is the meaning of "forgery" in section 470 of the Ontario Criminal Code?
California, United States of America
What is the test for establishing relevance of evidence in a personal injury case?
California, United States of America
What is the legal test for dismissing an action on procedural grounds?
California, United States of America
Can a trade unionist sue in tort?
Ontario, Canada
What is the test for non-party questioning under rule 20(5)?
Ontario, Canada
What is the legal test for establishing that a party has met its initial burden?
MultiRegion, United States of America
Does a pro se action seeking leave to amend a pleading with intent to amend the pleading?
MultiRegion, United States of America
What is the test for overturning an order imposing a discovery sanction for abuse?
California, United States of America
What are the terms of an unenforceable parole agreement?
Nova Scotia, Canada
What is the test for producing a witness in a criminal case?
MultiRegion, United States of America
Can an executor be found to have failed to produce relevant documents as requested or ordered by the beneficiaries?
British Columbia, Canada
Does a motion for an order dismissing an accusatory instrument in the furtherance of justice have any merit?
"New York", United States of America
Can a federal officer be immune from prosecution for unlawful arrest and detention?
MultiRegion, United States of America
Is the but for test unworkable in medical malpractice cases?
Ontario, Canada
What is the test for obtaining a search warrant from a court?
California, United States of America
What is the current state of the law in this circuit on the doctrine of Section 22 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Is there an estoppel to compel a union to continue to enforce the time limits in the grievance procedure?
British Columbia, Canada
Is a mortgagee entitled to solicitor-and-client costs?
Alberta, Canada
When will a defence medical examination be ordered?
Ontario, Canada
Can a murder be reduced to first degree because of the fact of premeditation?
California, United States of America
What is the standard of care required of a medical practitioner?
Ontario, Canada
Can a juror persuade a reasonable doubt existed as to alienage?
MultiRegion, United States of America
Does a disciplinary proceeding constitute a criminal action?
California, United States of America
Is an accused denied the opportunity to make a full answer and defence if he is precluded from relying on either general reputation or specific sexual encounters?
Alberta, Canada
What is the test for giving a defendant an instruction that directs attention to evidence from which a reasonable doubt could be engendered?
California, United States of America
What is the test for proof beyond a reasonable doubt?
California, United States of America
What is the test for overturning a conviction of second degree murder?
California, United States of America
Does a motion for leave to amend need to be filed after entry of a Rule 16 scheduling order?
MultiRegion, United States of America
What are the factors used to determine whether a federal litigant has jurisdiction to stay a motion in a state court?
MultiRegion, United States of America
What are the reasons given by the trial court for a finding that a plaintiff's claim is invalid?
California, United States of America
What is the test for an accused to have a "honest belief" that the victim is giving consent?
Alberta, Canada
How have courts interpreted section 1203.1(1) of the California Criminal Code to determine that a defendant is entitled to restitution exceeding the damages for which he is held culpable?
California, United States of America
What is the test for making an order that a mother pay child support after a hearing in which she would have had an opportunity to argue against the order?
California, United States of America
Does a prior conviction for driving under the influence (DUI) constitute a criminal history calculation for sentencing purposes?
MultiRegion, United States of America
Can a mortgagor redeem a mortgage where there are several successive mortgages?
British Columbia, Canada
What is the test for a motion for a federal habeas?
MultiRegion, United States of America
What is the test for requiring a certificate of probable cause in a criminal case?
California, United States of America
What is the test for recognizing discrimination against an employee on the basis of a protected characteristic?
British Columbia, Canada
What is the test for exclusion of evidence in a criminal case?
California, United States of America
What is the scope of a waiver of attorney-client privilege?
California, United States of America
Is there a difference between a federal court and a district court?
MultiRegion, United States of America
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for determining credibility of a witness?
California, United States of America
How has the law of agency been interpreted in this case?
"New York", United States of America
Can a defendant be found guilty of a charge of assault for touching a young girl's buttocks by accident?
California, United States of America
What are the factors that determine whether a plaintiff has to prove that there was cohabitation over a period of time?
Ontario, Canada
Is an employer permitted to hire an unlicensed contractor for purposes of workers' compensation?
California, United States of America
What constitutes substantial success in a family law case?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
How have the courts in Redding dealt with the issue of electronic reader boards in the context of public health concerns?
California, United States of America
What is the test for asserting legal advice privilege?
British Columbia, Canada
What is the test for establishing that the rape of Felicitas was on account of her nationality?
MultiRegion, United States of America
What is the limitation period for obtaining a writ of claim against a defendant?
Saskatchewan, Canada
How have courts considered the intentions of the homestead claimant in the context of a homestead claim?
MultiRegion, United States of America
What is the test for a judge to order two concurrent sentences in a single case?
California, United States of America
Is there a crime of conspiracy to commit second degree express malice murder?
California, United States of America
What is a "protective sweep" and what is the test for such a search?
MultiRegion, United States of America
Does a non-custodial parent have any residual rights over the child?
Alberta, Canada
What is the test for denying costs on the basis of hardship?
British Columbia, Canada
What is assignable or assignable to the purchaser of a property?
Ontario, Canada
Does conflicting affidavit evidence on material facts require a trial?
Ontario, Canada
What is the burden of proving improper comment in summation?
MultiRegion, United States of America
Is a search warrant required before a search can be conducted?
British Columbia, Canada
What is the test for liability under the "intentional infliction of emotional distress tort"?
MultiRegion, United States of America
What is the test for determining whether a federal or state court has jurisdiction to hear a motion in the case of Cannon v. C. Cannon?
California, United States of America
What is the effect of the arresting officer's testimony that a defendant and his companions consented to accompany the police to the police station house to answer questions?
"New York", United States of America
What is the test for warrantless entry into a house by a police officer?
MultiRegion, United States of America
How has the CRT treated noise in a residential unit?
British Columbia, Canada
What is the test for a motion for failure to exhaust a grievance?
MultiRegion, United States of America
What is the test of natural and probable consequences in the law of negligence?
California, United States of America
Under section 654 of the California Criminal Code, under what circumstances will a court stay an unstayed sentence for a robbery conviction or for a burglary conviction?
California, United States of America
How have courts interpreted the meaning of section 3553(f)?
MultiRegion, United States of America
What is the standard of conduct for a lawyer who has lied to the Law Society of BC?
British Columbia, Canada
What is the impact of the due process clause on immunity from prosecution?
MultiRegion, United States of America
What is the test for dismissing an appeal as moot?
California, United States of America
What is the test for determining whether a defendant has a mental defect?
MultiRegion, United States of America
Is there any statutory claim of judicial bias against the trial judge?
California, United States of America
What is the test for a "settled intention" under the Family Law Act?
Ontario, Canada
Does the Miranda rule apply in the context of an allegation that the police improperly induced a suspect to give an inculpatory statement in order to get him to cooperate in the investigation?
"New York", United States of America
In what circumstances will a court order the inspection and testing of a school's test results to be conducted in accordance with the law?
Ontario, Canada
What is the effect of the failure of a medical malpractice examination on an applicant?
MultiRegion, United States of America
Can rescission be rescinded where the rights of third parties are prejudiced?
California, United States of America
In what circumstances will a city council be required to keep in repair a street made slippery by ice?
Saskatchewan, Canada
What is the burden of proving a medically determinable impairment?
MultiRegion, United States of America
