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 record of a jury trial in a murder case involving a defendant accused of a prior assault?
"New York", United States of America
Are statements in the police report and the prosecutor's questions to Uzel not evidence?
California, United States of America
What is the standard of review in a criminal case based upon circumstantial evidence?
California, United States of America
What is the test for loss of caregiving capacity in a personal injury action?
British Columbia, Canada
What is the test for a claim for damages arising from an unconstitutional disciplinary hearing or conviction?
MultiRegion, United States of America
Is a claim cognizable under Section 1983 if the information sought resulted in criminal charges?
MultiRegion, United States of America
What is the test for admissibility of evidence in a sexual assault case?
California, United States of America
What is the difference between a husband's allegation of physical abuse and that wife's claim of physical assault?
California, United States of America
What is the test for imputing capital from a pension for spousal support purposes?
Ontario, Canada
What is the test for a motion to suppress an allegation of hearsay evidence?
"New York", United States of America
What is the role of a parent in respect of the rule of law?
Ontario, Canada
What is the test for determining whether a defendant has a duty to act in the event of an accident?
California, United States of America
What is the legal test for determining liability for negligent driving under section 1714 of the California Civil Code?
California, United States of America
Does the appellate court have jurisdiction to review both a denial of an anti-SLAPP motion and a ruling on attorneys' fees?
California, United States of America
Does section 12022.22.1, subdivision (b) of the Criminal Code apply to a person arrested for a secondary offence that was alleged to have been committed while that person was released from custody on a primary charge?
California, United States of America
What is the test for a common law right to water from the Kern River?
California, United States of America
Is a defendant's failure to point out a constitutional error waived?
MultiRegion, United States of America
What is the date of a federal habeas petition?
MultiRegion, United States of America
When will the court order an estimated or estimated amount of expenses to be paid by the requesting spouse?
Manitoba, Canada
What are the implications of a "John Doe" arrest warrant?
MultiRegion, United States of America
What is the test to apply in the context of sexual assault cases?
British Columbia, Canada
Does a plaintiff have abandoned all causes of action for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing?
California, United States of America
What standard of review applies to the consent of a witness?
MultiRegion, United States of America
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
What evidence supports a claim of error in a medical malpractice case?
California, United States of America
What are the costs and attorney's fees of a debt collector who is liable under the Freedom of Information Act?
MultiRegion, United States of America
What is the test for assessing future loss of income in a motor vehicle accident case?
British Columbia, Canada
What is the test for adequacy of reasons in the Residential Tenancy Act?
British Columbia, Canada
If a jury finds a defendant guilty of first degree murder, what is the special circumstance?
California, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
What is the test of reasonable care in medical malpractice cases?
Alberta, Canada
What are the elements of a "quit from employment"?
New Brunswick, Canada
What testimony does the court need to provide to establish that a boxcar door has a broken handle?
California, United States of America
Does Defendant have any right to challenge the evidence at trial?
California, United States of America
Is a refusal to convict on Count 6 a proper acquittal on that count?
Alberta, Canada
What is the minimum term for a third strike sentence for attempted premeditated murder?
California, United States of America
Is a waiver of section 10(b) of the Charter valid and effective?
Alberta, Canada
Can a federal habeas judge grant a motion for a new trial for errors in state law?
MultiRegion, United States of America
What is the test for a motion to strike on a breach of contract claim?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
When will a court impute income to a parent who is unable to find employment to meet child support obligations?
Ontario, Canada
Is a dog a personal property?
British Columbia, Canada
What is the standard of review for a challenge to the sufficiency of the evidence?
California, United States of America
What is the legal basis for establishing a jurisdiction based on traditional or traditional grounds such as presence or consent?
Ontario, Canada
Does a criminal defendant have a right to appeal against the Court's decision to terminate his parole?
California, United States of America
What is the test for foreseeability in medical malpractice cases?
California, United States of America
Is jiggling a door handle sufficient to constitute an attempted burglary?
California, United States of America
What is the test for requiring a defendant to prove insanity beyond a reasonable doubt?
California, United States of America
What is the test for an exemption under section 25655 of the California Civil Rights Act?
California, United States of America
What is the scope of cross examination on a motion?
Ontario, Canada
What is the burden of establishing that prosecutorial misconduct at the retrial of an accused violated the Double Jeopardy Clause of the Fifth Amendment?
MultiRegion, United States of America
Is a decision to reopen a hearing to consider or present further evidence a matter of procedure and practice?
Nova Scotia, Canada
Can a jury be confused about whether a defendant can be guilty of dissuading a witness by force or threat?
California, United States of America
What are the characteristics of a fiduciary relationship?
Alberta, Canada
Can the School Authority and Surrey School District be held liable for discriminatory collective agreements?
British Columbia, Canada
How has liability in a personal injury action been defined?
California, United States of America
What is the test for a plaintiff to sue for damages arising out of a motor vehicle accident?
British Columbia, Canada
What are the elements of intentional misrepresentation, or actual fraud?
California, United States of America
What is the impact of the common law on the rule of law in Canada?
Prince Edward Island, Canada
Does the post-indictment, pretrial delay violation of the Fifth Amendment due process right?
MultiRegion, United States of America
What is the test for breaching the terms of a contract where a contractor is required to bore 150 feet (50m) of rock to complete a well?
Saskatchewan, Canada
Does a defendant have a right not to testify at a jury trial?
California, United States of America
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)?
British Columbia, Canada
Is a party who jointly invests in property entitled to divide the proceeds from the sale of the property prior to paying the unequal acquisition debt?
British Columbia, Canada
Can a defendant be punished for either kidnapping for robbery or kidnapping for kidnapping under section 654 of the California Criminal Code?
California, United States of America
What exceptions have been made to an attorney who fails to disclose to his client that he is not a local license holder?
California, United States of America
In a personal injury action, is there any case law that supports a claim for housekeeping costs?
British Columbia, Canada
Can a partial judgment be granted on admissions made by a Defendant?
Ontario, Canada
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right?
Saskatchewan, Canada
What is the test for instructing a jury on a lesser included crime?
California, United States of America
What is the difference between an agreement to forbear and a written acknowledgement of a debt?
British Columbia, Canada
What if the testator had not contemplated the possibility that both of his children would die without issue?
British Columbia, Canada
In a criminal case, in what circumstances will a jury be permitted to cross-examine a witness's testimony?
MultiRegion, United States of America
What is the test for unlawful possession of a controlled substance for sale?
California, United States of America
Can a defendant complain of his counsel's inadequacy or ineffectiveness at trial on appeal?
California, United States of America
What is the effect of hearsay upon hearsay on the basis of reasonable cause?
California, United States of America
Is a mere conclusory allegation insufficient to prove that counsel was ineffective?
MultiRegion, United States of America
Can a defendant who originally pleaded guilty to a charge of perverting the course of justice by making false statements at trial be found guilty of the same charges at the same time?
"New York", United States of America
What is the test for insanity in a criminal case?
California, United States of America
Is there any case law in the context of telecommunications legislation that is relevant to this question?
Canada (Federal), Canada
Is a capital offender entitled to case proportionality review?
California, United States of America
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back?
British Columbia, Canada
What is the statute of limitations for an action for professional negligence against a health care provider?
California, United States of America
What is the legal test for carrying on a business?
Canada (Federal), Canada
When will a court order that a plaintiff be able to pursue a career in a different profession?
British Columbia, Canada
Is an arrest warrant an instrumentality in pleading?
California, United States of America
How has the Court of Appeal treated future income loss claims in the context of the BCCA?
British Columbia, Canada
Can a delay in completing an extradition hearing result in a stay of proceedings at the committal stage?
British Columbia, Canada
What is the test for intentional infliction of emotional distress?
California, United States of America
Does the exclusionary rule apply when a police officer fails to make an announcement at the scene of an armed robbery?
California, United States of America
Can a failure to comply with a Mareva injunction constitute contempt of court?
British Columbia, Canada
Does the confirmation of a reorganization plan discharge the debtor of any debt that arose prior to the confirmation?
MultiRegion, United States of America
What is the standard for misconduct in the criminal justice system?
California, United States of America
What is the test for admitting evidence of other crimes under Rule 404(b)?
MultiRegion, United States of America
Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation?
British Columbia, Canada
What is the procedure for obtaining costs from a party seeking to obtain an Order of Appeal for the release of this Endorsement?
Ontario, Canada
How have courts dealt with a revocation petition alleging that a parolee violated his conditions by having sexual relations with a married woman?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining whether a plaintiff was negligent in a motor vehicle accident?
MultiRegion, United States of America
What is the standard of disclosure required by a physician to obtain consent from a patient?
British Columbia, Canada
What are the costs of a personal injury action brought by a married couple?
Ontario, Canada
Is plaintiff's disparate treatment claim timely as set forth herein?
California, United States of America
What is the test for a gap in seeking medical attention after a motor vehicle accident?
British Columbia, Canada
What is the evidentiary test for a motion for summary adjudication on a punitive damages claim?
MultiRegion, United States of America
What is the current state of the law on the balance of probability test?
British Columbia, Canada
What is the test for a jury to find that a reasonable person would have known that a man would be assaulted if he was walking with a member of another race?
MultiRegion, United States of America
How have the courts treated the issue of obtaining a permit to operate without a permit?
California, United States of America
What are the legal implications of the instructions in a personal injury case?
California, United States of America
What is the test for declaring a litigant vexatious?
California, United States of America
What is the test for making a criminal act a crime?
MultiRegion, United States of America
What is the burden of proving beyond a reasonable doubt that a petitioner is ineligible for resentencing?
California, United States of America
In what circumstances will an arbitrator award attorney fees on a motion brought by Fishman in a personal injury case?
California, United States of America
What is the test for establishing contributory negligence?
California, United States of America
What is the standard of review for findings of mixed fact and law?
Ontario, Canada
Can a defendant be convicted of receiving a stolen vehicle?
California, United States of America
Can a witness invoke privilege against self-incrimination?
California, United States of America
How have courts interpreted the felony-murder special circumstance in cases where robbery was incidental to the murder?
California, United States of America
What is the test for a restitution order in a criminal case?
California, United States of America
Does free speech and press immunity extend to speech or writing used as an integral part of conduct in violation of a valid criminal statute?
California, United States of America
Can a motion for class certification for abuse of discretion be made before a district court decision?
MultiRegion, United States of America
Is there any answer to any territorial claim by a colony to territorial waters in the high seas?
British Columbia, Canada
What is the ultimate burden of proving that a defendant has failed to properly investigate the facts of a claim?
"New York", United States of America
What is the test for determining whether a medical malpractice case is statutorily compelled?
California, United States of America
Is there any case law supporting the argument that a defendant has been found mentally incompetent?
California, United States of America
If a plaintiff has a crumbling skull, does the crumbling skull rule entitle her to additional damages?
British Columbia, Canada
Can an action be dismissed if service is not made within the statutory prescribed time?
California, United States of America
Does the cumulative effect of misconduct by a prosecutor in closing argument affect a defendant's right to a fair trial?
California, United States of America
What is the test for fresh evidence on a judicial review?
British Columbia, Canada
What is the effect of amended information at trial for second degree murder?
California, United States of America
What is the test for section 654 of the California Code of Civil Procedure on sexual assault?
California, United States of America
What factors must be considered in determining the quantum of damages in a motor vehicle accident?
Ontario, Canada
What is the test for a jury to determine whether there was sufficient evidence to convict defendant in a drive-by shooting?
California, United States of America
What are the consequences of an administrative agency acting arbitrarily or capriciously when it fails to conform to its own rules and regulations?
"New York", United States of America
Does a motion for temporary relief need not be addressed in a reply brief?
MultiRegion, United States of America
What is the standard of care of a surgeon?
British Columbia, Canada
What is the test for impingement on the liberty interest?
British Columbia, Canada
What is the test for admitting evidence of criminal misconduct in a criminal case?
California, United States of America
What is the test for finding a municipal entity liable for failing to protect a plaintiff's constitutional right?
MultiRegion, United States of America
What is a latent defect in a dryer vent?
British Columbia, Canada
Is a defendant's conviction for assault to be overturned for prosecutorial misconduct?
California, United States of America
What is the test for determining whether a prosecutor made "objectionable remarks" during a jury trial?
California, United States of America
What are the factors used in a motion for a change of custody?
Ontario, Canada
What is the test for establishing a binding contract?
California, United States of America
What is the test for a challenge under s. 15 of the Charter of Rights?
Manitoba, Canada
Is aggravated kidnapping for ransom a single crime?
California, United States of America
Can an accused waive his right to cross-examination and confrontation?
MultiRegion, United States of America
Is a successful plaintiff required to pay the costs of the unsuccessful Defendant in a personal injury action?
Ontario, Canada
In what circumstances will the prosecution be able to present a letter alleging that the accused was a member of a street gang?
Ontario, Canada
What is the test for a motion to disqualify counsel from a cause of action?
California, United States of America
Is a lump sum settlement agreement binding the parties to the arbitration process?
British Columbia, Canada
Does the Court of Appeal have discretion to review the dismissal of one claim and denial of leave to file a second?
MultiRegion, United States of America
What is the liability of the purchasing corporation of a manufacturer of equipment manufactured in 1948?
Ontario, Canada
Is a defendant in a paternity proceeding entitled to appointed counsel?
California, United States of America
Is there any case law where a defendant need only have played a minor or "slight" role in the conspiracy?
MultiRegion, United States of America
What is the test for determining whether a defendant acted with the specific intent to commit rape when he moved the victim a substantial distance?
California, United States of America
What is the test for a plaintiff to recover damages for negligence in a motor vehicle accident?
Saskatchewan, Canada
What is the test for habeas corpus relief under the Fourteenth Amendment?
MultiRegion, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
Can counsel speak to the jury in an opening about the law?
British Columbia, Canada
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
Does an instruction allowing the jury to credit or reject an inference "based on its evaluation of the evidence" relieve the People's burden of establishing guilt beyond a reasonable doubt?
California, United States of America
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident?
California, United States of America
Does the doctrine of functus officio apply to administrative tribunals?
Alberta, Canada
What is the test for a jury to convict a defendant of a sexual assault under section 352 of the California Criminal Code?
California, United States of America
Can a hospital refuse to comply with a police search warrant?
California, United States of America
What is the test for waiving a forfeiture claim?
California, United States of America
What is the standard of review of a motion to suppress evidence?
California, United States of America
What is the test for establishing that criminal activity was committed for the benefit of a street gang?
California, United States of America
Does a neighbour have to recognize the reservation of surface lease fees reserved by a previous owner?
Saskatchewan, Canada
Can a police officer who enters a person's home without giving the proper notice of a potential trespassing violate privacy by entering into the residence without the proper physical barrier or physical barrier?
California, United States of America
In what circumstances will a court vacate a finding of contempt?
Manitoba, Canada
Does personal property need to be affixed to real property?
MultiRegion, United States of America
Is there a direct aider and abettor liability for murder?
California, United States of America
What is the test for determining whether an error in an educational guidebook is harmless?
California, United States of America
How have courts interpreted section 1203(e)(3) of the Criminal Code when determining whether a defendant is presumptively ineligible for probation?
California, United States of America
Is a search warrant application misleading when it fails to state that a firearm is registered, registered and stored away from the reach of children?
California, United States of America
What is the "earnings approach" used to determine the value of a plaintiff's remaining years of employment?
British Columbia, Canada
Does failing to raise a meritless legal argument constitute ineffective assistance of counsel?
MultiRegion, United States of America
What is the standard of review applicable by the Umpire to this issue?
Canada (Federal), Canada
What is the test for determining the duration and frequency of visitation between a mother and her son?
California, United States of America
What is the test for dismissing a motion of dismissal alleging that there was a conspiracy?
MultiRegion, United States of America
Is hearsay or double-hearsay evidence prejudicial to the applicant's claim against the respondent mother?
Ontario, Canada
What is the effect of the "essence" test in federal courts?
California, United States of America
What is the test for admitting evidence of prior criminal conduct?
MultiRegion, United States of America
When a minor modification to a legislative act is a minor amendment to the legislation?
California, United States of America
In what circumstances will the Court remove the stay of a sentence for a second arson conviction under Penal Code section 654?
California, United States of America
What is the test for determining whether a sentencing court fully understood and properly exercised its discretion?
California, United States of America
What is the scope of an allegation of sexual assault brought by a victim's abuser against the victim's family members and/or potential victims?
California, United States of America
What is the test for relying on an amended complaint?
MultiRegion, United States of America
How have courts considered subtle discrimination in the context of discrimination in education and employment law?
MultiRegion, United States of America
What constitutes prosecutorial misconduct in a criminal case?
California, United States of America
What is the test for a reasonable search?
Ontario, Canada
Can a conspiracy to commit a crime be punished separately from the crime itself?
California, United States of America
What is the standard of review for a motion to overturn an order from a lower court?
California, United States of America
What is the burden of proof on the school even if the school prevails at the administrative hearing?
MultiRegion, United States of America
What is the test for a motion for disclosure of past misconduct by a police officer?
California, United States of America
Does a journalist have a burden to interview every individual who might conceivably have something to offer on the subject?
Ontario, Canada
What is the current state of the law on the instruction of a jury in a second degree murder case?
California, United States of America
Is there a difference between a trial judge and an appellate judge?
California, United States of America
What is the test for a motion to disqualify an expert witness in a civil matter?
California, United States of America
