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.
Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made?
California, United States of America
Is a defendant entitled to a jury instruction on any legal defense to the charge against him which has some foundation in the evidence?
MultiRegion, United States of America
Does a defendant have a right to instruct on a lesser related crime?
California, United States of America
What is the test for coercive police tactics?
California, United States of America
Does a mistake by a secretary or other employee cause a default judgment to be set aside?
California, United States of America
What is the test for preliminary injunctive relief under section 3626(a)(2) of the Criminal Code?
MultiRegion, United States of America
What is the legal test for solicitor-client costs?
Newfoundland and Labrador, Canada
How have courts interpreted the meaning of the California Civil Code in the context of "Liberal interpretation"?
California, United States of America
What are the potential penalties under section 654 of the California Criminal Code for assault with intent to cause grievous bodily harm?
California, United States of America
What is an obligation of a search warrant holder to notify the issuing magistrate of a change in circumstance prior to a search?
MultiRegion, United States of America
What is the test for a supplemental brief in a personal injury case?
California, United States of America
What is the effect of excluding a police chief from a bargaining unit?
California, United States of America
What is the test for gross negligence in a motor vehicle accident?
California, United States of America
Does federal law operate to the exclusion of state law?
California, United States of America
Can a statement by a declarant who is unavailable as a witness at trial be admitted as a declaration against interest?
California, United States of America
Is the term "administrative service" appropriate to be used as an administrative term?
Canada (Federal), Canada
In a motion to reconsider the restitution order, what are the grounds of appeal?
MultiRegion, United States of America
What is the test for an apparent conflict of interest?
Ontario, Canada
Can a court reverse a defense counsel's decision not to call an expert witness to challenge eyewitness identification?
California, United States of America
What is the test for establishing discrimination against a person who alleges sexual harassment?
British Columbia, Canada
What are the specific intents required for felony murder in the commission of robbery or burglary?
California, United States of America
Can a spouse establish both a claim for reapportionment and spousal support?
British Columbia, Canada
What is the test for continuing trespass?
British Columbia, Canada
What is the standard of review in a sexual assault case where the evidence of guilt is primarily circumstantial?
California, United States of America
Does Marina need to obtain a drainage easement to prevent it from being used as a form of inverse condemnation?
California, United States of America
How have courts interpreted the term "motive" or "intent" in the context of a robbery-murder special circumstance?
California, United States of America
How have courts treated unsatisfactory questions?
British Columbia, Canada
What is the test for deliberate indifference in a civil case?
MultiRegion, United States of America
What is the test for determining whether a defendant has been convicted of a crime but has not been found guilty?
California, United States of America
What is the test for dismissal of a second federal habeas petition?
MultiRegion, United States of America
What is the test for establishing that a commercial activity does not constitute a business?
Canada (Federal), Canada
Does "4.1" mean "fair and equitable consideration" for the purposes of Section 4.1 A?
MultiRegion, United States of America
Is there any case law where a defendant's trial counsel was ineffective for failing to object in a timely manner to asserted prosecutorial misconduct?
California, United States of America
What are the implications of the duty to warn of Trustees of a Trustee?
British Columbia, Canada
Does a defendant have to bring a motion before the Court of Appeal to dismiss his prior conviction for a violation of Section 2255 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the test for a disqualification motion for abuse of discretion?
California, United States of America
What is the test for punitive damages in a wrongful termination case?
MultiRegion, United States of America
What factors will a federal court consider when deciding whether to grant a conditional discharge for a prior conviction?
MultiRegion, United States of America
How have courts dealt with a motion to stay a summary judgment?
Ontario, Canada
Can plaintiff prevail on both causes of action in negligence and breach of contract?
"New York", United States of America
What are the implications of a federal court's decision to approve involuntary medication of a detainee?
MultiRegion, United States of America
Does the victim's fleeing after being disarmed demonstrate his intent to withdraw from the fight?
California, United States of America
What is the legal test for an accessory to a crime?
California, United States of America
Is a sentence under section 654 of the Criminal Code that includes multiple punishment available to the Court of Appeal reviewable as an unauthorized sentence?
California, United States of America
What is the test for arrest under the fourth amendment?
MultiRegion, United States of America
What is the effect of the court's instruction to the jury that a storage company was responsible for the destruction of evidence in a civil case?
MultiRegion, United States of America
Does the Restatement Rule apply after the Rowland v. Rowland decision?
California, United States of America
What is the current state of the law on administrative tribunals?
British Columbia, Canada
Is a pleading in paragraph 52 of the Statement of Claim inadequate to disclose a reasonable cause of action?
Ontario, Canada
What is the test for deliberate indifference in medical care?
MultiRegion, United States of America
What is a reasonable time for acceptance of an offer?
British Columbia, Canada
What is the test for determining a deceased's testamentary intention?
Nova Scotia, Canada
What is the test for striking a pleading on the grounds that it is scandalous, frivolous or vexatious?
Ontario, Canada
Does a judge have to take into account all substantial possibilities and give them weight according to their relative likelihood?
British Columbia, Canada
What is the current state of the law on the doctrine of finality in the context of an action alleging that the US Department of Energy failed to act?
MultiRegion, United States of America
Does the Attorney General have a duty to instruct a jury on the element of gang enhancement?
California, United States of America
What is the test for a finding that all parties involved in a breach of fiduciary duty were fully aware of all facts at the time of the alleged breach of duty?
MultiRegion, United States of America
Does the due process clause in the 14th Amendment limit an arbitrator's award of punitive damages?
California, United States of America
What is the test for vagueness in the language of a disability application?
MultiRegion, United States of America
Can increases in income from efforts made after a separation be considered for spousal support?
Ontario, Canada
Is Section 422 of the California Code of Civil Procedure intended to punish emotional outbursts?
California, United States of America
Can an accused person refuse to be represented by counsel at trial?
British Columbia, Canada
What is the current state of the law in relation to Kann?
MultiRegion, United States of America
How is causation calculated in a motor vehicle accident case?
British Columbia, Canada
Can an applicant request an adjournment of an interview before a decision on his application is made?
Canada (Federal), Canada
How have the courts dealt with a defendant's motion to dismiss a finding of not guilty of murder based on a knife print?
California, United States of America
When can a defendant withdraw his plea and appeal against his sentence?
California, United States of America
What is the defense of mistake of fact?
California, United States of America
What is the standard of review for assessing the sufficiency of the evidence to support the criminal conviction?
California, United States of America
What is the case of a married woman who, as a result of her long-term relationship with another husband, is entitled to maintenance?
British Columbia, Canada
What is the test for establishing that there is no genuine issue requiring a trial?
Ontario, Canada
What are some cases that have been reviewed on appeal by the Court of Appeal?
MultiRegion, United States of America
Can a jury be "straight jacketed" after the trial judge's decision that the jurors did not think or analyze the case properly?
California, United States of America
How have the courts dealt with a specific performance claim for specific performance?
British Columbia, Canada
What are the findings of the three federal district court opinions affirming all three defendants' convictions as to all counts of sexual assault?
MultiRegion, United States of America
What is the standing of a plaintiff in a civil action?
MultiRegion, United States of America
What causes of action have been deemed waived or abandoned?
California, United States of America
What is the test for good faith and due diligence in the prosecution of a sexual assault case?
California, United States of America
Does a substantial evidence analysis in a medical malpractice case have any relation to the "some evidence" standard of review?
California, United States of America
What are the consequences of failing to act under Section 851(b) of the Civil Rights Act?
MultiRegion, United States of America
What is the test for dismissing an in-forma pauperis complaint?
MultiRegion, United States of America
What are the elements necessary to prove a violation of section 422 of the California Penal Code?
California, United States of America
Can a city bring a cause of action for declaratory relief that is based on a contractual dispute?
California, United States of America
What is the test for a party to release a statement of intent in a dispute?
British Columbia, Canada
Can a witness be injured in retaliation for his actions?
MultiRegion, United States of America
In what circumstances have the courts reversed a jury's verdict in a criminal case where the prosecutor argued to the jury that the burden of proving was reasonable?
California, United States of America
What is the test for ineffective assistance of counsel?
MultiRegion, United States of America
What are the factors used by the Court to determine whether a person charged with a serious drug offence should not be released from a maximum security prison?
MultiRegion, United States of America
Is it a failure to warn of a known, hidden danger a fireman's rule violation?
California, United States of America
What is the standard of review for admitting and denying co-conspirator statements?
MultiRegion, United States of America
What is the test for a claim in negligent misrepresentation?
Nova Scotia, Canada
What is the test for determining whether a defendant is liable for misconduct?
MultiRegion, United States of America
What is the test for a motion for an independent review of the record?
California, United States of America
How have the courts dealt with the dismissal of the breach of contract claim?
California, United States of America
Is a contractual attorney fee clause in a contract valid?
California, United States of America
Does a prisoner have a right to access the property of his or her personal property?
MultiRegion, United States of America
Can a prosecutor be found guilty of misconduct under the Fourteenth Amendment of the Federal Criminal Code for making false statements to the jury?
California, United States of America
Does a defendant have to obtain a certificate of probable cause to challenge a sentence in a criminal case?
California, United States of America
Can a defendant be remanded in custody for a hearing regarding his ability to pay a restitution fine?
California, United States of America
What is the test for making an adjournment application at the opening of a trial on the grounds that a party cannot be present?
British Columbia, Canada
Can a search for weapons be used as a protective search?
MultiRegion, United States of America
Does a trial court's reliance on a Webster's Dictionary definition constitute an acceptable manner of ascertaining the ordinary and popular usage of words in the English language?
California, United States of America
What is the legal test for insufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for obtaining a search warrant for a federal search warrant?
MultiRegion, United States of America
Is obstruction of justice the basis for the RICO cause of action?
California, United States of America
What is the standard of review in closing arguments in criminal cases?
MultiRegion, United States of America
Can a juror be removed from a jury?
California, United States of America
How have the courts treated a defendant's prior convictions under the three strikes law?
California, United States of America
What are the elements of the doctrine of equitable estoppel?
California, United States of America
What is the test for determining whether a defendant has carried out the burden of proving purposeful racial discrimination?
California, United States of America
What is the admissibility of a conversation between a defendant and the police at the time of his arraignment?
California, United States of America
What are the implied warranty and condition provisions at s. 18 of the Sale of Goods Act?
British Columbia, Canada
Can a plaintiff amend their pleading without leave of court?
California, United States of America
What is the burden of presenting a record to the Court of Appeal in support of a motion seeking to overturn an order against an appellant?
California, United States of America
Is amplification permitted to be used as a form of amplification?
British Columbia, Canada
What is the effect of a finding of not guilty on the merits of a motion for unfair dismissal?
California, United States of America
What is the test for dismissing an appeal from an order which is not appealable?
California, United States of America
What is the test for appeal against an order granting attorney fees?
California, United States of America
What are the legal principles applicable to the assessment of loss of future earning capacity?
British Columbia, Canada
How have courts interpreted the law in the context of personal injury cases?
MultiRegion, United States of America
What is the test for establishing that a party has evidence to support their claim?
Saskatchewan, Canada
What is the current state of the law in Canada when a member of an international terrorist group is found to be an accomplice?
Canada (Federal), Canada
What is the impact of a single factor in determining a merger agreement?
British Columbia, Canada
What is the burden of proving that a check was stolen from the mail?
MultiRegion, United States of America
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18?
Canada (Federal), Canada
What date was ordered for a functional capacity evaluation?
British Columbia, Canada
Can a defendant's claim that he was in custody during a pre-arranged encounter with a police officer that resulted in a custodial interrogation?
California, United States of America
What is the test for an extension of time on an appeal?
British Columbia, Canada
What constitutes a "interrogation" under the Miranda Rule?
California, United States of America
Can a defendant be punished for multiple violations of section 290, subdivision (b) of the Ontario Criminal Code for failing to register under section 290 of the Act?
California, United States of America
Does the jury have been misled in their instruction that the law does not require that the driver be drunk or intoxicated or have consumed some specified number of drinks?
California, United States of America
What is the definition of negligence of a lawyer?
Alberta, Canada
Does Rule 33 allow a motion based on "newly discovered evidence" when the evidence involves jury misconduct?
MultiRegion, United States of America
What constitutes laches in the context of adverse possession claims?
California, United States of America
What is the test for a police officer to be found to be in breach of an unconstitutional ordinance?
MultiRegion, United States of America
What is the impact of a tenant’s repudiation of the agreement?
British Columbia, Canada
What is the legal test for a person to be found guilty of a charge of reckless endangerment of life if they commit a crime within a short period of time?
California, United States of America
Is a condition of probation that prohibits a defendant from engaging in sexual acts with a minor criminal while on probation valid?
California, United States of America
What is the discoverability test for an incest victim?
Ontario, Canada
Is there any difference between a missed diagnosis and a subsequent motor vehicle accident?
Alberta, Canada
What is the test for reliance in the tort of negligent misrepresentation?
British Columbia, Canada
Does the statutory admonition given to a defendant in a criminal case need to be given orally?
California, United States of America
What is the test for reversal of a finding of guilty on appeal?
California, United States of America
What is the test for a motion for a new trial based on jury misconduct?
California, United States of America
What is the range of damages awarded in a personal injury action?
British Columbia, Canada
When is a finding of fact not remanded?
British Columbia, Canada
If a party timely objects to any portion of a magistrate judge's report and recommendation, does the court have to make a de novo determination of that portion?
MultiRegion, United States of America
What is the test for a failure to file an income tax return under section 7203?
MultiRegion, United States of America
Does the Court of Appeal have to object to a discretionary sentencing of a defendant who has pleaded guilty to a charge of assault?
California, United States of America
When can constructive trust be a branch of the law of unjust enrichment?
Ontario, Canada
Is it an abuse of authority for a judge to question a witness?
MultiRegion, United States of America
What is the test for denying a motion to withdraw a guilty plea?
California, United States of America
Does a qualified disclaimer need to include a return of property?
California, United States of America
How have courts dealt with constitutional issues such as double jeopardy and former jeopardy?
California, United States of America
What is the proper way to assess future loss of capital as a form of capital asset?
British Columbia, Canada
What is the test for withdrawing an admission?
Alberta, Canada
Is a sentence for a charge of possession of a firearm under section 654 of the Criminal Code considered unauthorized?
California, United States of America
Can a claim about chargeback be res judicata or estoppel?
British Columbia, Canada
What is the test for a judicial order for the sale of a property prior to trial?
Ontario, Canada
Can a police officer approach a passenger on a bus and request their consent to be questioned and searched?
MultiRegion, United States of America
What is the test for filing a supplemental complaint in a civil case?
MultiRegion, United States of America
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument?
California, United States of America
Can a manager of a limited liability company be held liable for breach of contract or breach of fiduciary duty?
California, United States of America
What is the test for a defendant's right of self-defense?
California, United States of America
How have we reviewed an appeal from the trial court's confirmation of an award from an arbitrator?
California, United States of America
What is the statutory basis for statutory references to the Penal Code?
California, United States of America
Can a judge be found bias or partiality during a trial?
California, United States of America
What is the burden of establishing that the punishment prescribed for an assault is unconstitutional?
California, United States of America
What is the test for establishing a sufficient causal connection between an act of violence and injury?
MultiRegion, United States of America
What are the implications of the Court of Appeal's ruling that a claim must be processed within a certain specified time?
MultiRegion, United States of America
In what circumstances will a transaction between a husband and wife be considered a fraudulent?
Saskatchewan, Canada
Can a person who drew the contract for sale or transfer in that case, take an acknowledgment of the wife, form B under The Homesteads Act, and then withdraw from the agreement?
Saskatchewan, Canada
In what circumstances will a jury allow a defendant to present his defense in the absence of jury instructions?
California, United States of America
What is the current state of the law on compassionate release of federal prisoners?
MultiRegion, United States of America
Does a protester have a right to stay on the property of the jail?
California, United States of America
How have courts treated aiding and abetting cases?
California, United States of America
What is the legal test for an allegation of criminal activity before a grand jury?
California, United States of America
How have the courts determined that there was probable cause to arrest and not a false arrest?
MultiRegion, United States of America
What is the substance of a defense counsel's objection to the term "prejudice" or "unduly prejudicial" in the context of Rule 403 balancing?
MultiRegion, United States of America
What is the test for determining whether a person who moves with intent to injure is more than incidental to the underlying offense?
California, United States of America
What is the test for time-barred amendments in medical malpractice cases?
California, United States of America
What are the implications of entering an unconditional plea of guilty?
MultiRegion, United States of America
What is the result of a motion to suppress a search warrant?
California, United States of America
Can a witness be found to have made improper or improper comments in testimony?
California, United States of America
What is the test for obtaining discovery from a police officer's personnel file?
California, United States of America
What is the standard of review applicable to the original decision and to the new evidence?
British Columbia, Canada
What is the test for a motion to amend for abuse of power?
MultiRegion, United States of America
Is a contingency agreement enforceable for attorney's fees?
California, United States of America
What is the test for a trade union representative action?
Ontario, Canada
What is the effect of the rule of People v. Jimenez v Jimenez?
California, United States of America
Does the Court of Appeal have a duty to independently review the entire record of a section 1170.95 petition?
California, United States of America
What is the test for invoking the Fifth Amendment privilege?
California, United States of America
What are the legal principles applicable to the assessment of loss of future income earning capacity?
British Columbia, Canada
Is sufficient "constitutional facts" sufficient to establish Charter violations?
New Brunswick, Canada
Can a joint tenancy in real property be terminated?
British Columbia, Canada
Does section 654 of the California Penal Code require the court to stay the sentences for false imprisonment and making criminal threats?
California, United States of America
What are the "best interests" of a child in a relocation context?
British Columbia, Canada
What is the cause of action in a medical malpractice case?
"New York", United States of America
What is the current state of the law in Canada on a declaration of personal injury?
Manitoba, Canada
What is the test for rejecting a witness's whole testimony?
California, United States of America
