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 legal test for a motion to suppress evidence in a sexual assault case?
California, United States of America
What is the burden of proving a prior conviction for sexual assault?
California, United States of America
Does the Court of Appeal have the power to review a decision of a Board of Arbitration?
Ontario, Canada
What is the test for a judicial review of an Emergency Information System (EIS) prepared in accordance with the Administrative Procedure Act?
MultiRegion, United States of America
Can a defendant be convicted of possessing stolen property even if the vehicles and parts were not stolen?
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
What is the test for denying a defendant's opportunity to cross-examine a witness for bias?
MultiRegion, United States of America
Can a Minister or a civil servant be deemed confidential?
Canada (Federal), Canada
What is the test for determining whether a police officer destroyed or disposed of a complaint file?
California, United States of America
How has the DNA of an arrestee been used to identify the actual crime scene?
California, United States of America
Does a convicted sex offender have to complete a sex offender program to be eligible for parole?
MultiRegion, United States of America
How have courts dealt with injuries sustained by the victim in a motor vehicle accident?
"New York", United States of America
Is a sentencing enhancement part of the sentence for the most serious criminal offence?
MultiRegion, United States of America
Is a plaintiff required to describe the time and manner of discovery of the cause of action?
California, United States of America
Can a jury discount expert testimony or the mental disorder defense?
California, United States of America
When can a defendant assert self-defense?
California, United States of America
What evidence supports a finding that the accused was in care or control and both while impaired?
Saskatchewan, Canada
What is the test for making a default judgment?
California, United States of America
What is the burden of proving a crime committed without the consent of the accused?
California, United States of America
What is the test for a motion to discharge a spouse in a personal injury case?
California, United States of America
Does the presumption of sexual assault apply to a plaintiff who failed to instruct the court regarding the on-the-person exception?
MultiRegion, United States of America
Is there a conflict of interest between counsel and defendant?
California, United States of America
Does solicitor-client privilege apply to communications between a client and solicitor?
Ontario, Canada
Can a final order of foreclosure be reopened?
Alberta, Canada
What is the contribution necessary in order to found a claim for unjust enrichment?
British Columbia, Canada
What constitutes a criminal attempt to commit a carjacking?
California, United States of America
What is the test for denying a request to admit a plaintiff in a civil case?
California, United States of America
What is the effect of a construction theory approach on a construction contract?
Saskatchewan, Canada
What is the test for a wrongful dismissal claim?
Alberta, Canada
What is the current state of the law on presumption?
California, United States of America
Is a defendant entitled to credit under section 2900.5 of the California Criminal Code for the amount of time they have spent in post-incident custody?
California, United States of America
Does a voluntariness colloquy need to be held before a court accepts a defendant's admission of supervised release violations?
MultiRegion, United States of America
What is the scope of disclosure of a surgeon?
Ontario, Canada
Does section 654, subdivision (a) of the California Criminal Code bar a defendant from being punished for more than one crime?
California, United States of America
What is the test for establishing personal or subject matter jurisdiction in an action?
California, United States of America
What is the test for validly waiving the Miranda rights?
California, United States of America
Does a new trial need to be reviewed separately by the appellate court?
California, United States of America
Is there an exception to the rule that each party must pay its own attorneys' fees?
MultiRegion, United States of America
What is the test for a remedy for breach of reasonable expectations?
Nova Scotia, Canada
What is the test for a plaintiff to succeed in a claim of retaliation against a defendant for filing a grievance?
MultiRegion, United States of America
What is the natural and probable consequences of a crime committed by a person who knowingly aids and abets criminal conduct?
California, United States of America
How have the courts interpreted the Miranda warning during a police interview?
California, United States of America
What is the test for abuse of management of a case?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of deliberate and premeditated first degree murder?
California, United States of America
What is the test for a defendant to be punished only for the most serious criminal offence?
California, United States of America
Can a warrantless search of a car and its trunk be used to search for stolen bonds?
California, United States of America
Is dysfunction between trustees a sufficient basis to remove a trustee?
British Columbia, Canada
Does a preliminary hearing need to be held where a parolee has been revoked on the basis of a parole violation charge?
California, United States of America
What is the analysis applicable to a forum selection clause?
British Columbia, Canada
In a motion to vacate a conviction pursuant to section 1016.5,1 of the California Penal Code, what is the effect of that section?
California, United States of America
Is there any case law where a defendant's right to counsel was called into evidence?
California, United States of America
Is a motion for habeas corpus a proper vehicle for obtaining judicial review of a parole board decision?
MultiRegion, United States of America
What is the test for vexatious conduct under section 73 of the Small Claims Act?
Manitoba, Canada
What is the test for granting partial judgment notwithstanding a verdict in a personal injury case?
California, United States of America
In what circumstances will a state employee be automatically terminated if he does not return to work after a leave has expired?
California, United States of America
What is the role of the court in a child rearing matter?
Nova Scotia, Canada
Does a motion to withdraw a guilty plea constitute abuse of power?
MultiRegion, United States of America
Does an execution bind beneficial interest in land held by the debtor at the time the writ is received?
Alberta, Canada
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?
California, United States of America
What is the test for cross-examining at a defamation hearing?
British Columbia, Canada
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period?
Ontario, Canada
Can a state court civil action be removed to federal court?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining that permission was not given to a witness who testified at trial?
California, United States of America
How have courts dealt with the issue of delay in an action for delay?
Manitoba, Canada
Is entrapment a defense to criminal charges?
California, United States of America
What is the effect of the death of an infant on a civil rights action?
"New York", United States of America
Is a motor vehicle a dangerous weapon?
MultiRegion, United States of America
What is the effect of admitting a statement made by a defendant while he was in hospital?
California, United States of America
What is the test for pleading in a pro se proceeding case?
MultiRegion, United States of America
Is there sufficient trustworthiness in a witness statement to a friend that either a defendant or declarant shot one victim?
California, United States of America
Can a prosecutor commit misconduct if they attacks the integrity of defense counsel?
California, United States of America
What is the test for constructive trust in a claim of unjust enrichment?
British Columbia, Canada
Is there any case law in which a jury has found that the non-moving party has a valid claim against the moving party?
MultiRegion, United States of America
Can a prosecutor be found guilty of Prosecutorial Misconduct?
California, United States of America
When children cease to be children of the marriage, does the court have jurisdiction to vary child support?
Ontario, Canada
What is the test for awarding damages for psychological injuries that are not the result of physical injuries?
British Columbia, Canada
Does an expungeable conviction need to be formally expunged?
MultiRegion, United States of America
What are the implications of a Mareva injunction on an ex parte application?
British Columbia, Canada
Does negligence of an additional defendant doctor or nurse in a delayed treatment case allow the original defendant doctor to escape liability?
British Columbia, Canada
What is the burden of burden on the petitioner in a civil case?
MultiRegion, United States of America
In what circumstances can a court dismiss an action?
MultiRegion, United States of America
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect?
California, United States of America
Does Section 2254(d) of the Civil Code apply?
MultiRegion, United States of America
What are the costs of an action brought by the Board of Arbitration for Sport's compliance with the Rules of Cricket Board of Canada?
British Columbia, Canada
What is the test for admitting evidence of a statement made by a witness under the hearsay rule?
California, United States of America
Does the awarding of costs of a motion be a matter for the court or the appellate court?
Manitoba, Canada
Does the confrontation clause in the Civil Code of Civil Procedure apply to statements made by police officers in the course of questioning?
California, United States of America
What is the test for a defendant to argue that he did not have the intent to kill in the heat of passion?
California, United States of America
When a search warrant is used to search for evidence of drug dealing, can a defendant deny giving evidence that incriminating statements were made during the search?
"New York", United States of America
What is the test for establishing an agreement?
MultiRegion, United States of America
What is the appropriate penalty for a lawyer who has been suspended because he is ungovernable?
Ontario, Canada
What is the range of damages for non-pecuniary loss in a motor vehicle accident?
British Columbia, Canada
Does a defendant have to contend on appeal that the trial court committed error by failing to provide adequate notice of the evidence at trial?
California, United States of America
How have the courts instructed the jury in a sexual assault case?
California, United States of America
What is the test for an anti-SLAPP motion de novo?
California, United States of America
How have courts interpreted the confession rule?
Manitoba, Canada
Does the information charged defendants in count 2 with felony embezzlement need to be treated as a felony?
California, United States of America
Can a motion under section 995 to dismiss the gang enhancement allegation be dismissed if it is brought by the Attorney General?
California, United States of America
What is the impact of a plea bargain on a claim for section 1016.5 relief?
California, United States of America
Does a motion for reconsideration need to be reviewed for abuse of power?
MultiRegion, United States of America
What is the burden of proof required at a tribunal to prove an allegation of sexual assault?
British Columbia, Canada
Is a notice to appear on a Sunday valid?
Alberta, Canada
What is the test for making a prediction of a defendant's potential future violence?
California, United States of America
Can statements of a trial judge amount to coercion of a verdict?
California, United States of America
What is the test for a life sentence under the Eighth Amendment?
MultiRegion, United States of America
What is the test for establishing that a defendant adopted a drug ledger?
MultiRegion, United States of America
What is the role of a parent in determining a child's school placement?
Ontario, Canada
What are the elements of robbery and theft by false pretense?
California, United States of America
In what circumstances will a judge dismiss a Rule 12(b)(6) dismissal?
MultiRegion, United States of America
What is the current state of the law on reasonable doubt in closing arguments?
California, United States of America
Is there any case law in which a sentencing court considered improper reasons for selecting the upper term for the enhancement in a sentence for a motor vehicle accident?
California, United States of America
What is the test for a defendant to be convicted under the Natural and Probable Consequences Doctrine?
California, United States of America
What is the standard for appealing from where an order is appealed from?
British Columbia, Canada
What is the current state of the law on set-off?
Ontario, Canada
Does a Defendant have a right to self-defence if he retreats and withdraws?
California, United States of America
What is the test for admitting or denying "prejudicial evidence" under section 352 of the California Domestic Violence Act?
California, United States of America
What is the spousal contribution under s. 65 of the BC S. 65(1) of the Spousal Contribution Guidelines?
British Columbia, Canada
What is the test for a prison officer to prevent a riot?
MultiRegion, United States of America
What is the standard of proof in a medical malpractice case?
Saskatchewan, Canada
What are the consequences of an MVA in 2011?
Canada (Federal), Canada
What is the limitation period for an application to amend the pleadings?
British Columbia, Canada
What is the range of sentences for a convicted of a violent felony committed for the benefit of a criminal street gang, with the specific intent to promote or assist criminal conduct by gang members?
California, United States of America
What is the test for insufficiency of evidence in a criminal case?
California, United States of America
Can a defendant bring an appeal against the finding that a prosecutor committed misconduct by requesting instructions to a jury on aiding and abetting liability?
California, United States of America
Can expert testimony be compelling support for an affirmative defense of insanity?
MultiRegion, United States of America
What is the effect of section 1424 of the California Criminal Code on a defendant's personal injury?
California, United States of America
What is the general rule that questions relating to the admissibility of evidence will not be reviewed on appeal?
California, United States of America
Is loss of earning capacity an exclusion rider or exclusion rider for personal injury insurance?
British Columbia, Canada
Can a jury rely on the testimony of an accomplice in a sexual assault case?
California, United States of America
What is the test for a request for counsel in a criminal case?
MultiRegion, United States of America
In what circumstances will a pleading in a motion be amended or amended?
MultiRegion, United States of America
Is section 47(b) of the California Civil Code (e.g. privacy protection act) applicable to eavesdropping?
California, United States of America
What are the obligations of a partner in a long-term partnership?
MultiRegion, United States of America
Is affirmative action permissible or desirable?
"New York", United States of America
What findings have been made by two juries in the second trial of the same defendant in the same sexual assault case?
California, United States of America
Can a defendant who has pleaded guilty to a charge under section 1237 of the Criminal Code, challenge the sentence on appeal?
California, United States of America
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case?
California, United States of America
What is the test under section 51 of the Child Protection Act?
Ontario, Canada
How can an arbitrator be found to have made an error in a decision?
California, United States of America
What is the test for an equal protection claim under the equal protection clause based on sentencing disparities?
California, United States of America
What is the test for acquittal in a sexual assault case?
California, United States of America
What are the legal principles applicable to a claim for aggravated damages in a wrongful dismissal case?
British Columbia, Canada
What is the relevant case law in the context of a reversal of conviction for sexual assault?
California, United States of America
Is it inappropriate for issues relating to the identity of the judgement debtor being determined in the course of execution proceedings?
Canada (Federal), Canada
How to evaluate the credibility of a children's affidavit?
British Columbia, Canada
What is the current state of the law on a pre-marital agreement with respect to spousal support?
California, United States of America
Does a defendant have to have at least two prior "strike" convictions to prove an equal protection violation?
California, United States of America
What is the test for a motion to set aside a default judgment based on a lack of actual notice?
California, United States of America
What is the post-readiness delay of a defendant at a personal injury trial?
"New York", United States of America
What is the standard test applicable under section 9(1)(n)(iii) of the Criminal Code Act?
Canada (Federal), Canada
What is the test for a jury to interpret an instruction in a civil case?
California, United States of America
What is the burden of establishing entitlement to attorney fees?
California, United States of America
What is relevant evidence to attack the credibility of a witness?
California, United States of America
What is the test in informed consent cases?
Ontario, Canada
What is the test for future care in the context of the BCAA?
British Columbia, Canada
What is the difference between a visitor and the owner of a residential unit in SL30 and the occupant of SL30?
British Columbia, Canada
Can a claim about chargeback be res judicata or estoppel?
British Columbia, Canada
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application?
Alberta, Canada
What is the applicable standard of care for a buyer in a real estate transaction?
British Columbia, Canada
What is the test for impartiality under section 653.1 of the Criminal Code of Canada?
Ontario, Canada
What is the test for a teacher to be found guilty of misconduct by a school disciplinary board?
MultiRegion, United States of America
How does a court order enjoining a nonconforming use under a zoning ordinance apply to a municipality?
California, United States of America
Can a jury consider evidence of a defendant's voluntary intoxication?
California, United States of America
Does the doctrine of contributory negligence preclude damages in tort?
Ontario, Canada
Does an attorney have a valid contract with a client where there is a pre-existing attorney-client relationship?
California, United States of America
What is the test for overturning a jury's verdict in a sexual assault case?
California, United States of America
Can a non-client litigant move for disqualification of counsel?
MultiRegion, United States of America
What are the grounds of opposition?
Canada (Federal), Canada
Does the Respondent have to pay the legal costs of the Estate Trustee of the respondent in a personal injury action?
Ontario, Canada
Is the Sossin Affidavit necessary to include references to U.S. law?
New Brunswick, Canada
What is the remedy for a plaintiff who has been denied a motion of appeal?
California, United States of America
Can a defendant amend his plea to a lesser charge?
California, United States of America
What is the test for determining whether a bankruptcy judge identified the correct legal rule to apply to a plaintiff?
federal, United States of America
What is the test for whether a specific intent crime is a criminal act?
MultiRegion, United States of America
Does the doctrine of affirmative action apply to private security services?
California, United States of America
What is the test for committal under s.29(1) of the Extradition Act?
Ontario, Canada
What are the limits on a trial judge's questioning of witnesses in the presence of a jury?
California, United States of America
How have courts interpreted the test to determine whether a confession made after a polygraph examination is voluntary or involuntary?
MultiRegion, United States of America
What is the strength of the presumption of judicial impartiality?
Ontario, Canada
What is the legal duty of care of a plaintiff in a motor vehicle accident?
MultiRegion, United States of America
What is the test for whether a defendant aided and abetted a crime?
California, United States of America
What is the current state of the law on sexual assault?
MultiRegion, United States of America
Are fixed pets a consideration for division under s. 7 of the BC SPCA Guidelines for Divisions?
British Columbia, Canada
What is the test for determining a jury verdict in a civil case?
California, United States of America
Is a plaintiff entitled to a jury trial in a personal injury case?
California, United States of America
What is the test for establishing a cognizable constitutional violation?
MultiRegion, United States of America
In reviewing a suppression ruling, what is the test for determining whether a search warrant can be searched without a warrant?
California, United States of America
In what circumstances will a city be successful in its claim for declaratory relief?
California, United States of America
What is the test for an arrest and detention order?
Saskatchewan, Canada
Is a non-forcible sex crime considered a lesser included offense of the forcible sex crime?
California, United States of America
Does a probationer have a right to be free of self-incrimination in a revocation proceeding?
California, United States of America
In what circumstances will the police lull a person into a false sense of privacy?
California, United States of America
What are the consequences of a trial court's failure to instruct on defenses and lesser included offenses?
California, United States of America
In considering his role as a preliminary inquiry judge, what is the proper approach to assess all of the evidence at the preliminary inquiry?
Ontario, Canada
What is relevant to the assessment of credibility?
British Columbia, Canada
What is the test for determining whether a conditional transfer of a deceased's home was an outright gift?
British Columbia, Canada
Is a person not a refugee solely because a member of his or her family is being persecuted?
Canada (Federal), Canada
How has the "odd lot" rule been applied to determine whether an employer has a claim against an at-home only employee in a Workers' Comp case?
California, United States of America
What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale?
MultiRegion, United States of America
