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 role of a prosecutor in a criminal case?
MultiRegion, United States of America
What is the range of factors used by a court to determine a sentence for assault under section 1170, subdivision (b) of the California Criminal Code?
California, United States of America
Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal?
MultiRegion, United States of America
Are there any cases where an employee at a residential home who poses a risk of infection at the workplace has been found to be an employee of the residential home?
Ontario, Canada
Does section 2053 of the California Medical Code prohibit a physician from performing medicine without a license?
California, United States of America
In what circumstances will the Attorney General claim that the Defendant failed to object to the Defendant's conduct at trial?
California, United States of America
Is an examination for discovery or an interrogatory?
Alberta, Canada
In a dependency proceeding, in what circumstances will the court strike down on the appellant's right to confront the witness?
California, United States of America
What steps have been taken by a defendant in a possession with intent to distribute cocaine?
MultiRegion, United States of America
What is the test for whether a patient has a mental health issue?
California, United States of America
How have courts interpreted medical malpractice cases in the past?
California, United States of America
Is a defendant entitled to resent his sentence after the execution of his sentence has begun?
California, United States of America
How have the courts treated the issue of improper comments by a prosecutor in closing argument?
California, United States of America
What is the test for a warrantless search?
California, United States of America
Does section 1983 of the Federal Criminal Code, or does a failure to comply with prison regulations constitute a federal constitutional violation?
MultiRegion, United States of America
In a sexual assault case, what is the impact of the police officer's statements at the end of an interview with Avelino?
California, United States of America
What is the test for the purpose of spousal support in South Africa?
British Columbia, Canada
What is the test for willfully threatening to commit a crime which will result in death or great bodily injury to another person?
California, United States of America
What are the consequences of high crime rates in high crime areas?
California, United States of America
What is the test for a claim under the equal protection clause?
California, United States of America
Can a beneficiary of a life insurance contract claim prejudgment interest?
California, United States of America
What is the standard of review for a motion of appeal against a denial of a new trial motion?
California, United States of America
How have the courts interpreted jury instructions in a sexual assault case?
California, United States of America
Does the ends of justice exception bar a petitioner from making a second claim of constitutional error in a separate federal petition?
MultiRegion, United States of America
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients?
British Columbia, Canada
What is the definition of a kidnapping under section 207 of the California Penal Code?
California, United States of America
What is the test for intent to commit burglary?
California, United States of America
When will a court allow an objection on Fifth Amendment grounds?
California, United States of America
What is the test for reversing a finding of insufficient evidence in a robbery case?
California, United States of America
If there is insufficient evidence, would there have been good arguments to make in the trial court?
California, United States of America
What is the "reasonable value of services" standard for a severance claim?
federal, United States of America
In a personal injury case, what is the test for inadmissible evidence in the context of "unduly prejudicial" testimony?
California, United States of America
Does a trial court have discretion to admit evidence of a defendant's prior uncharged offence?
California, United States of America
What is the test for indemnification for expenses incurred by a trustee as a result of misconduct?
British Columbia, Canada
When will a court dismiss a petition for partition and sale under section 6 of the Property Agreement?
British Columbia, Canada
On what basis can a prosecutor in a sexual assault case rely on perjurious or hearsay testimony before a grand jury?
MultiRegion, United States of America
Does the sentencing of a defendant who pleaded guilty to a charge of reckless endangerment of life with intent to cause grievous bodily harm be considered within the range of permissible decisions?
MultiRegion, United States of America
Is there any case law where a school has been accused of failing to investigate and prosecute an employee's criminal charges?
California, United States of America
How is a claim for uniqueness determined?
British Columbia, Canada
What instruction is required by a jury on the charge of possession of cocaine with intent to sell?
California, United States of America
In what circumstances will the Respondent be liable for defamation if his agent published an article without the knowledge, understanding and consent of Respondent's agents?
Alberta, Canada
Is there a claim for money had and received available to recover from a defendant?
British Columbia, Canada
When will a hospital be considered a unitary provider under the continuous treatment rule?
"New York", United States of America
What is the test for “reasonableness” in the context of a challenge to the validity of a claim?
Alberta, Canada
What is the effect of a subpoena being issued to a witness at a preliminary hearing?
California, United States of America
Can a prosecutor make false or unsubstantiated accusations that counsel is fabricating or deceiving the jury?
California, United States of America
Does the attorney-client relationship between Sophia and her first attorneys terminate upon their discharge?
California, United States of America
Can an accused demand that members of her race be included on the jury?
British Columbia, Canada
Does Section 2702 of the Electronic Communications Privacy Act require disclosure by a covered service provider?
California, United States of America
What is the current state of the law on third party claims for declaratory relief under Rule 22(1)(c)?
British Columbia, Canada
What constitutes murder of the first degree?
California, United States of America
How has the court interpreted the opinion of the Court of Appeal in deciding whether a retraction was published as conspicuously as a defamatory statement?
California, United States of America
How have the facts been determined in a personal injury case?
California, United States of America
What is the test for determining whether there is competent evidence to support a finding that a witness has been found guilty of sexual assault?
MultiRegion, United States of America
How have courts interpreted the principle of waiver in a personal injury case?
Ontario, Canada
What is the test for a motion for a new trial on the grounds of "newly discovered evidence"?
California, United States of America
Is a convicted defendant entitled to a list of jurors who served as jurors in a civil case?
California, United States of America
What analysis is required of a shared custody arrangement under the shared custody regime?
Manitoba, Canada
What is the test for admitting a statement made by the police as evidence in a criminal case?
California, United States of America
Is there any case law supporting the argument that a defendant was denied effective assistance of counsel at both the trial and appellate levels?
MultiRegion, United States of America
Is prejudicial evidence in a criminal case admissible?
California, United States of America
What is the test for a motion to discharge a retained attorney at trial?
California, United States of America
Is there any case law where a party has relied upon the advice of counsel as a defense in a claim of privilege?
MultiRegion, United States of America
How have the courts interpreted a pleading in a motion where the pleading is "plausible"?
MultiRegion, United States of America
What is the burden of ineffective counsel on appeal?
California, United States of America
What is the effect of construction and traffic on the travel time between the Father's home and J.S’s school?
Ontario, Canada
What is the test of cruelty in a married relationship?
British Columbia, Canada
Does the term “gross negligence” apply to the offence of dangerous driving?
Ontario, Canada
What is the test for determining whether a perpetrator convicted of multiple felonies committed the same felonies on the same occasion?
California, United States of America
What is the test for establishing that a relationship can be protected in a tort action where the relationship was not in place at the time of the tortious conduct?
Ontario, Canada
Does the statute of limitations bar a substantive challenge to the validity of the regulations themselves?
MultiRegion, United States of America
How has the court dealt with a motion for interim support for a non-English-speaking, non-Canadian spouse?
Ontario, Canada
Is there any case law where a delay in bringing a motion to obtain relief is due to the discovery of irregularity?
Ontario, Canada
What is the test for a sufficiency of evidence claim?
California, United States of America
What is the test for qualified immunity in a personal injury action?
MultiRegion, United States of America
What is the current state of the law on a motion of no confidence?
California, United States of America
What is the test for rejecting an offer of $1 to settle a personal injury claim?
British Columbia, Canada
What evidence supports the conviction and sentencing of a man who encouraged a woman to become a prostitute by creating and providing her with an advertising scheme that encouraged her to engage in commercial sex acts?
California, United States of America
What is the test for a challenge to the constitutionality of a statute de novo?
MultiRegion, United States of America
What is the balancing test for determining whether a defendant has a right to sue for damages if they have been denied a hearing?
California, United States of America
What is the test for dismissing a complaint for failure to state a claim?
MultiRegion, United States of America
What is considered frivolous in a civil case?
MultiRegion, United States of America
What is the impact of a prosecutor's closing argument on the reasonable doubt standard?
California, United States of America
What is the test for cancelling child support?
British Columbia, Canada
What is the balance of convenience in the context of a balance of interest in a news conference?
British Columbia, Canada
Does a party who enters upon land by lease from a mortgagee in possession, or purchases from the mortgagee, be estopped from denying the right to possession of the land?
"New York", United States of America
What is the burden of proving a person had a reasonable expectation of privacy during a search?
California, United States of America
Is it reasonable for a defendant to seek to avoid the death penalty by pleading guilty to two counts of second degree murder and one count of involuntary manslaughter?
California, United States of America
What is the test for reasonable searches and seizures under the fourth amendment?
MultiRegion, United States of America
What is the test for limiting recovery of damages by bystanders in a motor vehicle accident?
California, United States of America
What is the current state of the law on judicial comment in a civil case?
California, United States of America
What is the impact of questioning the credibility of a witness in a civil case?
MultiRegion, United States of America
What is the cut-off date for discovery and motions in a civil case?
California, United States of America
Is an agreement binding an appeal under s. 44 of the Arbitration Act?
Alberta, Canada
How have the courts treated the issue of a search and seizure warrant?
California, United States of America
What is the test for alcohol screening in a motor vehicle accident?
California, United States of America
Does a jury need to be instructed on the meaning of words "commonly understood by those familiar with the English language"?
California, United States of America
Does the act of being armed with a firearm necessarily require possession of a firearm?
California, United States of America
Does a defendant have to obtain a certificate of probable cause to challenge his guilty plea?
California, United States of America
How have the courts considered the admissibility of photographs?
Manitoba, Canada
Can denial or delay of medical care violate the Eighth Amendment?
MultiRegion, United States of America
Is it a crime for one to carry a concealed firearm within a vehicle that is under the control or direction?
California, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
Is race a factor in determining whether a charge against a white man charged with assault should be dismissed?
MultiRegion, United States of America
Is a statement by a witness that is inconsistent with his trial testimony admissible?
California, United States of America
Is solicitor-client privilege displaced on public policy grounds under the wills exception?
British Columbia, Canada
What is the current state of the law on the basis of affidavit evidence?
British Columbia, Canada
What is the test for sentencing a defendant in a sexual assault case?
California, United States of America
What is the test for punitive damages in a medical malpractice case?
British Columbia, Canada
What is the case law on freedom of expression in the context of the Charter of Canada?
Manitoba, Canada
How have the courts treated appellant's claim that the court deprived him of his constitutional right to due process by ordering him into placement without an adequate case plan?
California, United States of America
What is the test for intent to murder?
California, United States of America
What is the difference between a common law misrepresentation and a statutory remedy for misrepresentation in the secondary securities market?
Ontario, Canada
What is the effect of a motion for a new trial on a kidnapping conviction?
California, United States of America
What is the test for independent review on appeal?
California, United States of America
What is the joint and several liability of defendants in a motor vehicle accident involving a minor?
California, United States of America
What is the difference between the standard and the standard instructions for the compassionate use defense?
California, United States of America
What factors are considered in determining the burden of proof?
California, United States of America
Does a judge pro tem have served as a lawyer in a proceeding?
California, United States of America
Does the presumption of unfair advantage apply to interspousal transactions where one spouse has obtained an unfair advantage over the other spouse?
California, United States of America
Can a court change a parenting order to address a specific issue while still maintaining the overall parenting scheme?
Ontario, Canada
What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse?
Saskatchewan, Canada
Is a police narrative report admissible into evidence in a motor vehicle case?
California, United States of America
What is the current state of the law on valuation of loss of earning capacity?
British Columbia, Canada
What is the test for determining the admissibility of testimony based on a newly developed scientific experiment or principle?
California, United States of America
What is the test for determining whether a sexual assault was committed with the requisite intent?
California, United States of America
Can a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?
California, United States of America
What is the impact of a refusal to provide a doctor’s note to verify a sick leave claim?
Ontario, Canada
What is the test for a challenge to the sufficiency of evidence in a sexual assault case?
California, United States of America
What are the requirements for a motion to dismiss or amend?
MultiRegion, United States of America
Does section 190.2 of the California Code of Civil Procedure apply to the death penalty?
California, United States of America
What causes of action exist for bad faith denial of insurance coverage?
California, United States of America
What is the standard of review for mixed questions of law and fact in a tax case?
MultiRegion, United States of America
How does a law enforcement officer raise qualified immunity in a civil rights action?
MultiRegion, United States of America
Does the statute of limitation apply to applications for post-conviction review while the other application is pending?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a state prisoner's federal habeas application?
MultiRegion, United States of America
What is the test for determining whether a contract is ambiguous or uncertain?
California, United States of America
Can a defendant be convicted of resisting an unlawful arrest under section 148 of the California Penal Code?
California, United States of America
What is the evidence in this case?
California, United States of America
What is the test for equalization of income between spouses after a marriage breakdown?
British Columbia, Canada
In what circumstances will a jury be found guilty of misconduct?
California, United States of America
Does the phrase “causes damage beyond reasonable wear and tear” apply to a strata?
British Columbia, Canada
Does a juror who considers material extraneous to the record commit misconduct?
California, United States of America
In a motion to suppress an application under the Immigration & Nationality Act, how have the courts considered the facts of the appellant's testimony at the preliminary examination?
California, United States of America
Can a victim's statement be considered in a criminal case without cross-examination and confrontation?
California, United States of America
What is the test for determining whether a defendant has been found to have engaged in a fraudulent trade practice?
MultiRegion, United States of America
Is there insufficient evidence of malice in the case of a defendant who was found guilty of assault by reason of gross negligence?
California, United States of America
What is the test for reasonable inference or speculation?
California, United States of America
What are the costs of a supplementary decision in a personal injury case?
Ontario, Canada
What is the test for a criminal statute's adequacy of standards or guidelines for its application?
California, United States of America
Is it an abuse of discretion to force a party to pay receiver's costs?
California, United States of America
How have courts interpreted the waiver of a defendant's right to stand trial by jury?
California, United States of America
What is the test for intimidating a witness?
California, United States of America
What is the test for calculating future loss of earnings for a plaintiff?
British Columbia, Canada
What are the credibility findings of a federal district court in a civil case?
MultiRegion, United States of America
What is the test for unanimity in a criminal trial?
California, United States of America
What is the standard of review for a motion to vacate a guilty plea?
California, United States of America
Can nuisance be a violation of a strata’s bylaw?
British Columbia, Canada
What is the test for abuse of counsel in a civil case?
California, United States of America
What is the test for abuse of abuse of power under section 352 of the Evidence Code?
California, United States of America
What is the test for a motion denying an anti-SLAPP motion?
California, United States of America
How has the jury been instructed in a personal injury case?
California, United States of America
What is a latent defect in a property and what is a patent defect?
British Columbia, Canada
Does the collateral source rule apply to a tortfeasor such as a public body?
California, United States of America
What is the test to determine whether a plaintiff has a valid claim in a civil case?
California, United States of America
What is the test for proving that someone committed a crime for the benefit of a gang?
California, United States of America
Does an order dismissing the matter contain the terms of a settlement agreement?
MultiRegion, United States of America
What is the standard for determining whether a public employee is discretionary and therefore entitled to immunity under section 820.2?
California, United States of America
What is the evidentiary basis for instructing the jury on statutory rape as a lesser offense of 1 and 2?
California, United States of America
What are awards for past wage loss for an injured person?
British Columbia, Canada
Does stress of a lay litigant have an impact on an award of costs?
British Columbia, Canada
What is the test for calculating a percentage in a calculation of the amount payable by an employer to an employee in return for their services?
Canada (Federal), Canada
What is the test for malice when a defendant is accused of first degree murder?
California, United States of America
How have courts interpreted qualified immunity in civil cases?
MultiRegion, United States of America
What is the test for granting relief for a man who suffered multiple injuries in a motor vehicle accident?
MultiRegion, United States of America
What is the test for error in admitting or excluding evidence in a sexual assault case?
California, United States of America
What is the burden of proving liability under section 425.16 of the California Motor Vehicle Act?
California, United States of America
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable?
California, United States of America
What is the test for a jury to determine whether a defendant acted with a conscious disregard for life?
California, United States of America
How have courts interpreted the burden of persuasion in a termination of parental rights proceeding?
"New York", United States of America
Does a neighbour have to recognize the reservation of surface lease fees reserved by a previous owner?
Saskatchewan, Canada
What are the findings of the Court of Appeal in assessing the conduct of appellant's attorney?
California, United States of America
What is the test for determining whether a strike was racially motivated?
California, United States of America
What is the current state of the law in assessing fault in motor vehicle accident cases?
British Columbia, Canada
Is a common law agreement valid as a matter of common law?
British Columbia, Canada
In what circumstances will the City of Dartmouth prohibit exotic dancing in the area?
Nova Scotia, Canada
What is the test for in-trust claims in a personal injury case?
British Columbia, Canada
What is the effect of a motion to strike out a statement of claim?
Prince Edward Island, Canada
What are the grounds that the applicant was denied an oral hearing before her appeal request was summarily dismissed?
Canada (Federal), Canada
Under what circumstances would a plaintiff's damages be reduced by the amount of workers' compensation benefits received?
California, United States of America
Are there any cases where a plaintiff was discriminated against because of her age?
MultiRegion, United States of America
How have courts interpreted section 5364 of the California Criminal Code?
California, United States of America
Does a criminal defendant have a constitutional right to effective assistance of counsel?
California, United States of America
Is a defendant mentally incompetent to stand trial?
California, United States of America
What is the test for possession of a controlled substance with knowledge of its illegal character?
California, United States of America
What is the test for being too late for an application?
Ontario, Canada
In a personal injury action, can plaintiffs argue that a judge's decision must conform to the HPT1 S.Tatement?
California, United States of America
In what circumstances will the BCSC find that evidence of J.B. and her evidence be inconsistent in relation to particular events?
British Columbia, Canada
Does the Pettkus threefold test apply today?
British Columbia, Canada
Does a plaintiff have to pay the cost of notice of a claim?
Ontario, Canada
