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 reversal of a conviction for second degree murder?
California, United States of America
Can a defense counsel be deemed incompetent for failing to make a meritless, time-consuming, nonproductive argument, objections or motions that have little or no merit?
California, United States of America
Is the giving of an unmodified CALJIC No. 8.11, if error is harmless beyond a reasonable doubt?
California, United States of America
What weight of snow would be more weight than powdery snow?
British Columbia, Canada
What is the test for assessing the reasonableness of a clause in a personal injury notice?
Ontario, Canada
What is the test for premeditation in a sexual assault case?
California, United States of America
Can Attorneys General be held vicariously liable for the conduct of judges?
British Columbia, Canada
Can a charge be refiled a third time under section 1387.1 of the California Criminal Code?
California, United States of America
What is the legal test for dismissing an action on procedural grounds?
California, United States of America
Is the entirety of s. 32(1) of the Canadian Criminal Code applicable if evidence was gathered in Canada?
British Columbia, Canada
In what circumstances have courts overturned convictions for obscene content?
"New York", United States of America
Is there a de novo standard of review for removing a defendant from the courtroom?
California, United States of America
Does a conviction for driving under the influence constitute a criminal offense?
California, United States of America
Can a defendant use deadly force to repel a non-lethal attack?
California, United States of America
When is a defendant's appearance required under section 1305 of the California Civil Code?
California, United States of America
What is the burden of proof required for a plaintiff to prove that she has severe mental impairment?
MultiRegion, United States of America
What is the leading case setting out the factors to be considered in determining whether it is in the best interests of a child to move?
Ontario, Canada
What is the test for disclosure of HIV in medical malpractice cases?
MultiRegion, United States of America
Does section 654 of the California Criminal Code require a single offender to be punished for two separate crimes?
California, United States of America
Does a spouse have an obligation to disclose all financial information to the husband when they are seeking equalization of net family property?
Ontario, Canada
What is the test for credibility in a witness statement?
British Columbia, Canada
What is the test for granting interim support and other corollary relief in a divorce action?
Ontario, Canada
What is the scope of an officer’s review of a procurement officer's notes?
Canada (Federal), Canada
Does a reference to her custodial status undermine the presumption of innocence?
MultiRegion, United States of America
Does the sentence imposed by a federal district court for a charge of possession of a firearm with intent to endanger life and/or cause grievous bodily harm exceed the statutory minimum sentence?
MultiRegion, United States of America
Is a defendant's lack of trust in an appointed attorney sufficient to compel appointment of a substitute counsel?
California, United States of America
What is the quantum of a Support Mate awarded under the SSAG Guidelines?
Ontario, Canada
Are there any moneys which the city sought to recover as income taxes for 1924?
Ontario, Canada
Is this application for a judicial review?
British Columbia, Canada
Does a motion for a new trial substitute for a timely objection?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for a motor vehicle theft?
California, United States of America
Can a plaintiff bring multiple identical actions against the same defendant under the False Claims Act?
MultiRegion, United States of America
Can a concurrent sentence be imposed pursuant to section 654 of the California Criminal Code?
California, United States of America
Can a disparagement action be brought against a party to a judicial proceeding?
California, United States of America
What is the effect of the in limine motion to exclude evidence of a mistake of law defense under the nondeferential de novo standard?
MultiRegion, United States of America
Is a suspended sentence and probation for a minor role in a marihuana grow operation?
British Columbia, Canada
What is the current state of the law on the co-conspirator exception?
MultiRegion, United States of America
What is the test for "abuse of discretion" in awarding attorney fees on appeal?
California, United States of America
What is the meaning of the word “conflicting decision”?
Ontario, Canada
How should a date be determined in the assessment of damages?
British Columbia, Canada
Does the Immigration Officer have a duty to give reasons?
Canada (Federal), Canada
Are there any cases where a district court revoked probation for abuse?
MultiRegion, United States of America
What is the test for determining whether a jury has found that an ex parte communication was harmless beyond a reasonable doubt?
California, United States of America
Does the Court of Appeal have any authority to determine whether a plaintiff has been injured in a motor vehicle accident?
"New York", United States of America
Does a district court abuse its discretion in admitting wire transfers into evidence?
MultiRegion, United States of America
What is the applicable standard of care for placing a stop sign on a road?
Ontario, Canada
What is the test for establishing a causal link between a medical practitioner’s failure to inform a patient of any material, special or unusual risks involved with a medical procedure or treatment?
Manitoba, Canada
Is a lawsuit against a public officer in his official capacity a way of pleading against the public entity of which the officer is an agent?
MultiRegion, United States of America
What is the standard of proof in a first degree felony murder case?
California, United States of America
What are the consequences of Erroneous Jury instructions?
MultiRegion, United States of America
What is the effect of the adverse inference drawn by the trial judge for drawing an adverse inference?
Canada (Federal), Canada
Does a defendant's failure to deny that the identity of the alleged robber was disputed at trial?
California, United States of America
How have courts interpreted the standard formulation of the intent required for voluntary manslaughter?
California, United States of America
Is there any case law where a claim in Breslau raises the prospect of indeterminate liability to an unknown class?
Ontario, Canada
What is the test for a motion for an evidentiary hearing in a habeas case?
MultiRegion, United States of America
What is the test for a "prior restraint" under a licensing statute?
MultiRegion, United States of America
What rights does a defendant have at the preliminary examination of a charge of assault?
California, United States of America
What is the test for determining whether a Minister's net tax assessment is too high?
Canada (Federal), Canada
What constitutes substantial evidence in a motion to overturn a decision by the California Department of Environment?
California, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments for a single act, as well as an indivisible course of conduct?
California, United States of America
What is the test for excluding evidence of prior convictions from the evidence of a defendant's criminal record?
California, United States of America
Can a municipality be held liable in negligence for its policy decisions?
British Columbia, Canada
What is the state of the law on the credibility of medical evidence?
California, United States of America
Can the alleged omissions of information provided by Cognos be the basis for a negligent misrepresentation claim?
Ontario, Canada
What is the rule of res judicata?
Ontario, Canada
What is the entrapment defense?
California, United States of America
What is the test for determining whether there is intent to evade the income tax?
MultiRegion, United States of America
Can a conservatee force a mental health institution to police the sexual conduct of a severely disabled patient?
California, United States of America
What is the test for striking a jury notice in a personal injury action?
British Columbia, Canada
Is there any case law where counsel mischaracterized evidence in a criminal case?
California, United States of America
What is the test for subjective self-defense?
California, United States of America
What is the proper subject of expert testimony in a criminal case?
California, United States of America
Can a federal habeas writ be issued on the basis of a perceived error of the state law?
MultiRegion, United States of America
How much time has a grievor worked during the period of December 6, 2015 to January 2, 2016?
Canada (Federal), Canada
What is the condition to show a defendant lacked the mental states required for a crime?
California, United States of America
What are some of the most recent decisions on a motion for section 2255 relief?
MultiRegion, United States of America
What is the test of the principle of testamentary autonomy?
British Columbia, Canada
What is the test for a federal jury to convict a defendant of a charge of possessing a usable quantity of methamphetamine?
California, United States of America
Does a defendant have a right to raise the statute of limitations at trial?
California, United States of America
What rights does counsel have to make a closing argument in a criminal case?
California, United States of America
What is the timeline of events leading up to the appointment of appellate counsel to the Superior Court of Appeal in a sexual assault case?
California, United States of America
What is the test for reasonable suspicion in a stop by a police officer?
MultiRegion, United States of America
How have the BCSC treated gaps in the reporting of a plaintiff to her physician?
British Columbia, Canada
What is the test for reasons for judgment?
British Columbia, Canada
What is the test for a claim against a debtor who has committed a fraud against the debtor?
MultiRegion, United States of America
Does a notice of deficiency need to be addressed to "495 Margrave Street"?
MultiRegion, United States of America
What is the case law on assessment of railway premises in London?
Ontario, Canada
What is the test for reversing a judgment in a personal injury case?
California, United States of America
Is a summary trial pursuant to Rule 9-7 a true trial of the action?
British Columbia, Canada
Does a debtor's intent to defraud a creditor meet the requirements of Section 727(a)(2)?
federal, United States of America
What is the test for applying the relationship-back doctrine in a personal injury case?
California, United States of America
What are the relevant statutory references to the Penal Code in the context of sexual assault cases?
California, United States of America
What is the burden of proving that a marriage-like relationship commenced in September or November 2000 when she moved into the old house as a renter?
British Columbia, Canada
Is there any evidence that juror number 4 violated his Sixth Amendment right to jury trial by refusing to deliberate?
MultiRegion, United States of America
In what circumstances will the jury not be distracted from the evidence before and during the trial?
California, United States of America
When can a defendant reject a claim for damages arising out of a motor vehicle accident?
California, United States of America
In what circumstances will there be no due process violation if an infraction hearing is held without the presence of a prosecutor?
California, United States of America
When reviewing for insufficient evidence, what is the test for determining whether there is insufficient evidence?
MultiRegion, United States of America
What is the factual background set out by the Court of Appeal?
MultiRegion, United States of America
How have courts interpreted the term "but for" causation?
California, United States of America
What is the test for establishing that a person is entitled to sue for damages if they are found to have committed an act of negligence?
MultiRegion, United States of America
What is the impact of the substantial evidence rule on the factual findings of an administrative board's factual findings?
California, United States of America
What is the current state of the law on the Miranda rights of a suspect?
California, United States of America
Can a husband and wife be convicted of criminal conspiracy?
California, United States of America
What is the test for making restitution as a condition of probation in a sexual assault case?
California, United States of America
What is the test for establishing a criminal street gang?
California, United States of America
What is the purpose of the freeze provisions in the Notice to Bargain?
Canada (Federal), Canada
What is the test for establishing that a judgment is binding on a motion of appeal?
California, United States of America
Does a de novo appeal cure a breach of procedural fairness?
British Columbia, Canada
What if a plaintiff fails to comply with a court-ordered deadline to amend their liability?
MultiRegion, United States of America
What is the test for removing a personal representative?
Nova Scotia, Canada
What is the effect of counsel asking for an adjournment and recusal of a judge?
Ontario, Canada
Can a federal court second-guess a state court's finding that there are no mitigating witnesses?
MultiRegion, United States of America
Does a Defendant's appointed attorney render ineffective assistance of counsel by failing to request an instruction on self-defense?
California, United States of America
What is the test for determining whether an arbitrary deprivation of a state statute affecting life or liberty constitutes a violation of federal due process?
MultiRegion, United States of America
What is the test for whether a state law has a reference to an employee benefit plan?
MultiRegion, United States of America
Can a bank call on a customer to raise money elsewhere to reduce or replace their loans?
British Columbia, Canada
What is the legal test for a claim for substantial indemnity costs in a personal injury action?
Ontario, Canada
What is the test for supporting an argument in a personal injury case?
California, United States of America
What is the test for subpoenaing a witness?
Alberta, Canada
What is the primary concern of the appellate courts in determining whether a remand is necessary?
MultiRegion, United States of America
In what circumstances will the court make a separate award for loss of housekeeping capacity?
British Columbia, Canada
What are the elements of a misrepresentation of fact for a cause of action?
California, United States of America
What is the difference between a written confession and an oral confession?
"New York", United States of America
Does section 12022.9 of the California Penal Code apply to a defendant who intentionally injures a pregnant woman and causes the termination of her pregnancy?
California, United States of America
In what circumstances will a defendant appeal his conviction for forcible lewd acts against his stepdaughter?
California, United States of America
Does a trial court's award of attorney fees constitute an abuse of power?
California, United States of America
Is it improper for a prosecutor to suggest that a defendant has a duty or burden to produce evidence to prove their innocence?
California, United States of America
What is the test for a waiver of the Miranda rights?
California, United States of America
What is the test for a motion of nonsuit in a motor vehicle accident?
California, United States of America
What are the factors used by the BCSC to determine whether a witness is credible and reliable?
British Columbia, Canada
Is a plaintiff's claim that her involvement with Jeunesse gives rise to a past loss of income?
British Columbia, Canada
Can a strata corporation add additional parties to its counterclaim and a third party claim?
British Columbia, Canada
What is the test for using a trade-mark to promote a product?
Canada (Federal), Canada
Does a defendant's failure to request a modification of the CALCRIM No. 400 instructions forfeited any claim of error?
California, United States of America
Can evidence of uncharged sex crimes be used in a sexual assault case?
California, United States of America
Is the Minister responsible for issuing a Certificate of Possession under subsection 20(2) of the Indian Act?
Canada (Federal), Canada
How have sections 21100 and 21101 of the California Highway Code been interpreted?
California, United States of America
What is a custodial order for a solicitor?
Manitoba, Canada
What is the legal test for abuse of discretion when determining whether to reinstate probation or prison terms?
California, United States of America
Is there any legal authority showing the viability of a new cause of action?
California, United States of America
What is the effect of the Queen's prerogative power of the Lieutenant Governor to appoint a cabinet minister?
British Columbia, Canada
What is the effect of sharing information between police forces and intelligence agencies?
Canada (Federal), Canada
What is the test for "comity" in international law?
British Columbia, Canada
Is a condition of probation valid as long as it has no relation to the crime of the offender's criminal conviction?
California, United States of America
Can a public safety officer be terminated for refusing to cooperate with an investigation conducted by an outside agency?
California, United States of America
What is the test for admissibility of evidence in civil cases?
California, United States of America
What is the effect of the judgment against defendant in his personal injury case?
California, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
What is the test for failing to give way to an ambulance, police or fire department vehicle?
MultiRegion, United States of America
Is a declarant's right to confrontation not to be called as a witness and subject to cross-examination?
California, United States of America
What is the standard of review applied to a ruling by the California Appeal Court on the admissibility of expert testimony?
California, United States of America
Is corroborating evidence sufficient to convict a defendant in a sexual assault case?
California, United States of America
What is the test for a plaintiff to claim for loss of future income earning capacity?
British Columbia, Canada
Can a class action be maintained if each individual's right to recovery depends on facts peculiar to that individual?
California, United States of America
Can a court admit evidence of the factual matrix or circumstances surrounding the conclusion of an agreement?
Ontario, Canada
How do we review the interpretation and application of a local rule?
MultiRegion, United States of America
Can a motorcyclist be found guilty of vehicular manslaughter?
California, United States of America
Does a trustee have to intervene before a trustee intervenes in the transaction?
Alberta, Canada
How have multiple jury trials been able to proceed despite pre-trial publicity?
British Columbia, Canada
What are some exceptions to the general rule against bad character evidence?
British Columbia, Canada
Can an indigent litigant who is unable to pay the fees required to commence a legal action proceed without making a prepayment?
MultiRegion, United States of America
What is the test for determining whether a spouse has met the statutory support obligation set out in s. 15.2(6)?
Ontario, Canada
What is the test for corroboration in a criminal case?
Saskatchewan, Canada
What is the standard of review of a decision of the Master?
Alberta, Canada
Can a judge vary or rescind a child support order to reduce or eliminate arrears?
Alberta, Canada
Is a spousal agreement binding on property settlements?
Manitoba, Canada
Can prejudice be presumed in a medical malpractice case because of the delay in filing the complaint?
British Columbia, Canada
What is the sentence for a man who pleaded guilty to a charge of assault with intent to pervert the course of justice?
California, United States of America
Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy?
California, United States of America
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial?
Alberta, Canada
Is an attorney permitted by virtue of his employment to bind the client in procedural matters arising during the course of the action but not impair the cause of action?
California, United States of America
Is a state agency immune from a private cause of action for damages brought in federal court?
MultiRegion, United States of America
What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud?
California, United States of America
Does a federal prisoner have to bring a writ of habeas corpus to challenge the execution of their sentence?
MultiRegion, United States of America
What is the case law on "conservative treatment" in medical malpractice cases?
MultiRegion, United States of America
What is the test for establishing but for causation in a motor vehicle accident case?
Manitoba, Canada
What is the range of enhancements to a sentence for making criminal threats?
California, United States of America
Is there any case law where a defendant has argued that evidence of violent criminal activity was prejudicial and misleading?
California, United States of America
Is there any common law or federal or state law jurisdiction in this case?
"New York", United States of America
Can a state court refuse to grant a continuance of a motion for a writ of habeas corpus?
MultiRegion, United States of America
Does a dominant driver have a duty to ensure that opposing drivers in left-hand turn lanes do not have their view blocked by a dominant vehicle?
Alberta, Canada
What is the test for making a cost order within the scope of the trial judge?
British Columbia, Canada
What comments were made by the trial judge in response to defendant's remarks to the court?
California, United States of America
Does the judge have a right to interview the jurors after the trial has concluded?
MultiRegion, United States of America
What is the legal test for privacy under an easement?
British Columbia, Canada
Can a defense counsel argue that opinions about the identity of the victim be excluded from a jury trial?
California, United States of America
What is the test for retroactive orders for special expenses and special expenses?
British Columbia, Canada
What is the test for a motion for a new trial for abuse of the jury?
MultiRegion, United States of America
What is the test for a motion to disqualify a judge from the bench?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of possessing methamphetamine with intent to sell?
California, United States of America
What is the cumulative impact of a breach of the Elections Act?
Ontario, Canada
What is the case law applying the best interests principle?
Saskatchewan, Canada
What is the test for dismissing a motion for failure to prosecute diligently?
MultiRegion, United States of America
What is the impact of a stroke on a person's earnings?
British Columbia, Canada
What is the test for a statement of decision in a personal injury case?
California, United States of America
Does a prosecutor have to make a timely objection to a claim of prejudicial misconduct?
California, United States of America
When a misrepresentation as to the quantity of an acre is made by the vendor, does the purchaser get an abatement out of the purchase price?
"New York", United States of America
How have the words "to be paid" and "payable" been interpreted in a variation application?
Alberta, Canada
