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 result of a motion to withhold a decision from a judge?
"New York", United States of America
What is the test for prejudicial error in a portion of the instructions to the jury regarding self-defense?
California, United States of America
When will a judge remand a motion for a reversal of a penalty for failing to state on the record the reasons for his findings?
California, United States of America
Can a witness invoke fifth amendment privilege in a criminal case?
MultiRegion, United States of America
Does a fisher who is charged with criminal contempt have the burden of proving that he falls within the scope of an injunction against him?
MultiRegion, United States of America
Can an employer or its carrier force an employer to delay or deny an employee's claim for medical expenses?
California, United States of America
What steps must be considered in a disposition hearing?
Ontario, Canada
What is the onus of proof in a constitutional challenge based on the evidence provided by the respondents?
British Columbia, Canada
What is the legal test for discovery of the personnel records of a police officer?
California, United States of America
Does a search of a passenger's luggage constitute a search warrant?
California, United States of America
Can a search warrant be used to unlawfully extend the area of consent by intentionally opening a sealed container or enclosed space?
California, United States of America
What is the test for proving vindictive prosecution?
MultiRegion, United States of America
Can discretion not be disturbed on appeal?
California, United States of America
Is a motion to dismiss under section 581, subdivision (3) of the California Code of Civil Procedure valid?
California, United States of America
Does plaintiff have adequately alleged that denial of medical treatment may result in imminent danger of serious physical injury?
MultiRegion, United States of America
What is the test for judicial review?
British Columbia, Canada
What is the effect of the Court of Appeal's finding that a person who has been denied a right to drive a car without a license is entitled to drive without a licence?
California, United States of America
What is the test for a de novo review of a claim for costs?
California, United States of America
What is the test for giving a one-finger salute?
British Columbia, Canada
What is the test for determining whether a specific provision in provincial law should be applied?
Nova Scotia, Canada
What are the costs of a motion brought by the Respondent in 2020?
Ontario, Canada
Is there a defense that to their best and reasonable judgment?
California, United States of America
What is the test for withdrawal of a deemed admission?
British Columbia, Canada
Is there a dichotomy between a director, officer or employee of a corporation and an individual?
British Columbia, Canada
Is a defendant permitted to be charged and convicted lawfully of both aiding and abetting and being accessory after the fact?
MultiRegion, United States of America
What are the salient features of the respondent's argument in support of his position?
Canada (Federal), Canada
Can a plaintiff bring a civil action for violation of section 18 of the New York State Criminal Code?
MultiRegion, United States of America
What is the legal test for serious physical injury?
"New York", United States of America
What is the effect of an order dismissing a bankruptcy case for abuse of discretion?
federal, United States of America
What is the impact of drug use on the criminal justice system?
California, United States of America
What is the test for determining whether a plaintiff’s pre-existing depression would have led her to leave medical practice as a family doctor earlier than she intended?
British Columbia, Canada
Can a jury take a break during deliberations?
California, United States of America
What is the test for determining whether a defendant violated a condition of his release?
California, United States of America
What is the test for a judge to find that a jury can be found to have found a jury in a conflicting case?
Ontario, Canada
Does a borrower have standing to challenge the assignment or securitization of their loan?
California, United States of America
What is the test for jurisdiction in this case?
MultiRegion, United States of America
How have courts considered postjudgment events such as probation revocation and prison sentence?
California, United States of America
In what circumstances will a plaintiff not have to give evidence in a defamation case?
British Columbia, Canada
What is the effect of the statute of limitations on a claim of sexual assault brought by a minor?
California, United States of America
What is the consequence of a finding that a defendant committed a misdemeanor violation of section 25400, subdivision (a)(2) of the California Criminal Code?
California, United States of America
What is the test for certifying a witness as an expert?
California, United States of America
Can a volunteer grand jury act impartially?
MultiRegion, United States of America
Can a section 654 stay be stayed?
California, United States of America
Is a wife entitled to have her husband declared trustee for her?
British Columbia, Canada
What is the applicable general rule for interpretation of contracts generally?
California, United States of America
What is the test for a jury to convict a defendant of a first-degree murder?
California, United States of America
What is the common law test for a plaintiff in a medical malpractice case?
California, United States of America
What is the standard of review for a defendant's proposed jury instruction?
MultiRegion, United States of America
Does the First Amendment give the press a "special immunity from the application of general laws"?
California, United States of America
Is a minor guilty of criminal conspiracy to commit acts that were committed as a minor in furtherance of a conspiracy?
MultiRegion, United States of America
Does the sentence of a man convicted of sexually assaulting a young girl under the age of 16 years old have to be consecutive or concurrent?
British Columbia, Canada
In a sexual assault case, is a defendant required to pay compensation for emotional support provided by the victim's grandmother?
California, United States of America
What is the test for using deadly force against someone who has committed a felony?
California, United States of America
What is the test for determining whether a private person is entitled to benefit from a public health project?
California, United States of America
In what circumstances will the court reduce the costs of a husband who successfully sued his wife for double dipping?
Ontario, Canada
How have the courts dealt with credibility and reliability issues between the parties?
Ontario, Canada
What is the test for disposition under Rule 18A in a motor vehicle accident case?
British Columbia, Canada
In what circumstances will a defendant be denied the right to plead in propria persona?
California, United States of America
What is the impact of a non-compensationary principle on a former partner?
British Columbia, Canada
What is the test for establishing a founded suspicion that the driver of a vehicle was involved in criminal activity?
MultiRegion, United States of America
How has the federal district judge interpreted his own order in this case?
MultiRegion, United States of America
What is the standard of review for a motion to establish whether the District has authority to pass a resolution?
British Columbia, Canada
What is the test for reversing a conviction for assault in a case of mistaken identity?
California, United States of America
What is considered to be a prisoner's submission to the Court of Appeal on the date the inmate sends it to the prison staff for mailing?
MultiRegion, United States of America
What is the test for a defense of unequal enforcement?
"New York", United States of America
What is the current state of the law in Canada regarding the shifting burden of liability against a carrier?
Alberta, Canada
What are the principles applicable to a motion for leave to appeal a costs order?
Ontario, Canada
What is the impact of immigration history on a marriage determination?
Canada (Federal), Canada
Is there a new finding of probable cause de novo?
MultiRegion, United States of America
What is the effect of the "fireman's rule" on a tow truck operator?
California, United States of America
What is the test for determining whether a defendant can appeal against a finding that they have been found liable in part and part of a claim against them?
MultiRegion, 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 probable cause of arrest?
California, United States of America
What is the effect of using a sheriff's report to determine a judge's disqualification?
California, United States of America
Is there any case law in which a doctor has been found to be negligent or negligent in a medical malpractice case?
California, United States of America
What is a defendant's motive for testifying in a criminal case?
California, United States of America
What is the length of jury deliberations in a civil case?
MultiRegion, United States of America
What is the test for determining whether a defendant is mentally ill at trial?
MultiRegion, United States of America
What constitutes a course of conduct under the stalking statute?
"New York", United States of America
Is there probative value in a doctor’s testimony?
Ontario, Canada
What is the test for obtaining a permanent injunction to prevent a party from committing a wrongful act?
MultiRegion, United States of America
Can a plaintiff bring a cause of action for malicious prosecution?
California, United States of America
Can a state prisoner be denied federal habeas corpus relief on the grounds that evidence obtained in an unconstitutional search or seizure was introduced at trial?
MultiRegion, United States of America
In what circumstances will the trial court bar defense counsel from making references to well-known murderers in closing arguments?
California, United States of America
What is the test for finding discrimination in terms and conditions of employment in the context of employment law?
MultiRegion, United States of America
Can a defendant sentenced or placed on probation prior to Proposition 47's effective date have his or her sentence reduced?
California, United States of America
What is the test for determining whether a person can be found to have committed a crime by failing to show a reasonable risk of harm?
MultiRegion, United States of America
What is the test for a retaliation action under Title VII?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the appropriate penalty for failing to stop a pedestrian from crossing the street?
British Columbia, Canada
When there is doubt as to whether an action is in assumpsit or in tort, is there a presumption that the action is a tort?
MultiRegion, United States of America
How have courts treated a complaint that is frivolous under section 1915(d)?
MultiRegion, United States of America
Is a probationary probationary status a valid search condition of a search warrant?
California, United States of America
When determining responsibility for the publication of an opinion by the editor of a news website, does the trier of fact have to consider the whole publication as a whole?
British Columbia, Canada
What is the test for mobility cases?
British Columbia, Canada
What is the test for advising a defendant of their constitutional rights?
California, United States of America
What is the impact of a brother's educational background on the earning capacity of a plaintiff?
Ontario, Canada
What is the test for "use" of a deadly weapon in the commission of criminal threats?
California, United States of America
How have courts interpreted the meaning of the word "state" in the context of civil litigation?
MultiRegion, United States of America
What is the test for a disability discrimination claim?
California, United States of America
Can a jury trial be had in a personal injury case?
California, United States of America
Can a transcript of a witness be deemed hearsay?
California, United States of America
How have the courts interpreted the language of the US Environmental Protection Agency's regulations in the context of air quality regulation?
MultiRegion, United States of America
In reviewing whether a state trial judge should have sua sponte conducted a competency hearing, can a federal court consider only the evidence that was before the trial judge?
MultiRegion, United States of America
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP?
British Columbia, Canada
What is the test for a party to be convicted of assisting the actual perpetrator of a murder?
Manitoba, Canada
Does a limitation on disability benefits under a life insurance policy apply?
MultiRegion, United States of America
What is the test for a plaintiff to prove mental injury?
British Columbia, Canada
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 the second ground of defence in a commercial lease application?
Saskatchewan, Canada
What is the reasonable time in which a demand must be made?
California, United States of America
Does the Superintendent of Motor Vehicles or ICBC have a blanket policy of imposing a 12-month suspension in cases such as this?
British Columbia, Canada
Is a police officer liable for injuries sustained as a result of his actions under section 820.2 of the California Public Safety Act?
California, United States of America
What is the test for a plaintiff to be successful in an employment action against the city where they were employed as municipal employees?
MultiRegion, United States of America
How have courts interpreted the liberal construction requirement to construe a notice to include a party who was omitted from the notice entirely?
California, United States of America
What is the onus on the accused in a reverse onus situation?
Newfoundland and Labrador, Canada
What is attorney-client privilege and what are the implications of this?
MultiRegion, United States of America
What is the current state of the law on editing material in a criminal case?
Saskatchewan, Canada
What is the burden of proving knowledge and approval of a will in relation to allegations of fraud and undue influence?
British Columbia, Canada
Can a plaintiff plead a cause of action that may be available to other persons in different circumstances?
British Columbia, Canada
Is receiving a stolen vehicle a crime under Section 496 of the California Vehicle Prosecutions Act?
California, United States of America
What is a waiver of counsel for a defendant in a personal injury case?
California, United States of America
What is the test for assessing all contingencies in a medical malpractice case?
British Columbia, Canada
Does the Attorney General have any authority or authority to reject his opinion?
California, United States of America
Can a plaintiff compel the attendance of two witnesses at trial?
Saskatchewan, 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 entitlement to costs in a personal injury case that has settled?
Ontario, Canada
How have courts treated the issue of equity jurisprudence in the context of corporate law?
MultiRegion, United States of America
What factors will the court consider in determining whether a person who broke a plea bargain is entitled to appeal against their sentence?
California, United States of America
Is a sentencing judge required to strike a balance between general deterrence and individualized sentencing?
MultiRegion, United States of America
Inadvertence is not a requirement for application of the plain view exception to the warrant requirement for search warrants, in what circumstances will the court consider this?
MultiRegion, United States of America
What is the test for provocation in the context of an intentional, unlawful homicide?
California, United States of America
Does a verdict of acquittal in a criminal case have to be re-examined?
California, United States of America
What is the effect of police reports not being included in the record on appeal?
California, United States of America
In what circumstances will the master calendar judge rule on an audio recording of a defendant pleading guilty?
California, United States of America
What is the standard for determining whether a plaintiff has failed to state a claim under Section 1915?
MultiRegion, United States of America
How has the father's objection been interpreted in the context of child support?
Nova Scotia, Canada
What is the current state of the law on assessment and damages for loss of earnings?
British Columbia, Canada
When can consecutive sentences under section 654 of the Criminal Code be imposed for abuse of discretion?
California, United States of America
Does a federal district court have the power to order the disclosure of the names of prospective witnesses?
MultiRegion, United States of America
How have courts dealt with claims of misappropriation under the Government Claims Act?
MultiRegion, United States of America
Can the actual inspection of a house be considered an operational duty of care?
Alberta, Canada
What is the test to determine whether a plaintiff has a valid claim against the appellant?
California, United States of America
In what circumstances will the court reject a contention made by appellants in a personal injury case?
California, United States of America
What is the meaning of the word "injury" in the California Injury Statute?
California, United States of America
What is the test for a defendant to prove that they were intoxicated at the time of an assault?
California, United States of America
What is the test for abuse of discretion in the discovery process?
MultiRegion, United States of America
What is the legal test for consent?
Alberta, Canada
What is the standard of review for a finding of fact or mixed fact and law?
Canada (Federal), Canada
What is our holding regarding the use of testimony obtained from a government witness?
MultiRegion, United States of America
Does the failure to give the jury a pertinent instruction constitute an error in the preservation and waiver rules?
"New York", United States of America
What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property?
British Columbia, Canada
On cross-examination, over his objection, is it permissible to ask whether he invoked his constitutional privilege against self-incrimination before the Grand Jury?
MultiRegion, United States of America
Is a jury entitled to a presumption that drugs were used to convict a defendant of 185 counts of rape?
California, United States of America
Does a state violate the Fourth Amendment by requiring convicted murderers and sexual offenders to submit their blood samples for DNA analysis?
MultiRegion, United States of America
Is Section 201 of the California Tax Code interpreted as "all 'property' subject to taxation"?
California, United States of America
Does a judge have discretion to strike the prior serious felony conviction enhancement at the time of a resentencing?
California, United States of America
What is the test for using testimony from other police officers in a criminal case?
California, United States of America
Does a District Attorney have the authority to prosecute cases in the Magistrates' Court?
"New York", United States of America
What is the test for “express malice” in libel law?
Alberta, Canada
Does a prison inmate have First Amendment rights?
MultiRegion, United States of America
What is the test for sexual assault under section 288 of the California Child Protection Act?
California, United States of America
Does a finding of partiality support a finding that a judge's failure to permit the introduction of evidence of duress?
MultiRegion, United States of America
Does the error in admitting that a witness admitted shooting victim's statement was harmless?
California, United States of America
What is the test for determining whether a plaintiff has a future risk of injury?
British Columbia, Canada
Can a prosecutor's "were they lying" questions to a jury at a sexual assault trial affect jury deliberations?
California, United States of America
What is the test for a search warrant for in-home arrest?
California, United States of America
Is employment in law enforcement sufficient to prove bias on a jury?
MultiRegion, United States of America
What is the test for "substantially due process" provisions in the Civil Rights Act?
MultiRegion, United States of America
Is there any evidence that a witness's testimony is unsound, unbelievable or even patent lie?
California, United States of America
What is the test for an objection in a medical malpractice case?
California, United States of America
When purchasing shares in a non-qualified investment, automatically triggering subsection 146(1) of the Income Tax Act, can a taxpayer avoid paying tax on those shares?
Canada (Federal), Canada
Is a motion for attorney's fees an abuse of discretion?
MultiRegion, United States of America
What is the test for dismissing an application pursuant to section 27(1)(c)?
British Columbia, Canada
What is the effect of rule 435(b)(1) of the Probation Guidelines on probation revocation?
California, United States of America
What is the relationship between a payment and the accompanying letter?
British Columbia, Canada
What is the test for a motion under section 2255 of the Habeas Corpus Act?
MultiRegion, United States of America
Can a motion to dismiss for failure to state a claim can be granted?
MultiRegion, United States of America
What is the test for lack of diligence in assessing the risk of sexual assault?
Manitoba, Canada
What constitutes "arming" in addition to the simple possession of a firearm?
California, United States of America
What date should be set as the date on which the real property should be valued?
British Columbia, Canada
Can an accountant's interpretation of the tax laws be relied upon by a taxpayer?
California, United States of America
What is the Attorney General's position on the allegation of shoplifting?
California, United States of America
What is the test for probable cause?
California, United States of America
Does an expungeable conviction need to be formally expunged?
MultiRegion, United States of America
What is the effect of terminating a law firm’s contract after the death of a named executor?
Alberta, Canada
What is the test for a motion to suppress evidence?
California, United States of America
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident?
British Columbia, Canada
What is the test for a motion to dismiss for a failure to exhaust non-judicial remedies?
MultiRegion, United States of America
What are the elements of a cause of action for intentional interference with contract?
California, United States of America
Is there any evidence that the Defendant waived his right under Miranda?
California, United States of America
How much restitution is required by a judge to a victim in a sexual assault case?
California, United States of America
Is it an error to instruct a jury on self-defense?
California, United States of America
Is there an actual innocence exception to the statute of limitations under Section 2244(d) of the Criminal Code?
MultiRegion, United States of America
What is the test for possession of a small amount of marijuana?
MultiRegion, United States of America
What is the legal test for a pro se pleading in a habeas petition?
MultiRegion, United States of America
What is the applicable standard of review to determine whether sufficient evidence supports the findings of a juvenile court?
California, United States of America
Can counsel renege on a production undertaking where they later come to believe the document is not relevant?
Ontario, Canada
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction?
MultiRegion, United States of America
What is the meaning of section 1170.126 of the California Penal Code?
MultiRegion, United States of America
