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 definition of prejudice or damage to a defense that naturally flows from probative evidence?
California, United States of America
Does the onus of a party who asserts environmental harm must prove it?
Ontario, Canada
When will a writ of replevin be issued?
Saskatchewan, Canada
Can a police officer draw a defendant's blood without a warrant?
California, United States of America
What is the defense of unconscionability in an adhesion contract?
California, United States of America
Can a defense counsel be ineffective in not seeking exclusion under Miranda?
California, United States of America
What is the test for denying a motion for a mistrial on the grounds of misconduct?
California, United States of America
What is the test for a motion to adjourn a summary trial?
British Columbia, Canada
Does the Attorney General have any grounds to dismiss a claim against counsel for failing to object to the precise language in a school lesson?
California, United States of America
What is the test for an attempted murder?
California, United States of America
Is a vessel that deliberately runs down a ship at her moorings a "prima facie evidence of fault"?
British Columbia, Canada
Is it a violation of the Eighth Amendment to provide showers and medical attention for inmates suffering from harmful effects of pepper spray?
MultiRegion, United States of America
What is the legal test for disqualification of an attorney?
California, United States of America
What is the test for establishing that a deed is delivered at a certain date?
"New York", United States of America
Is a judge required to advise a defendant of his statutory right to a jury trial?
California, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
What are the findings of an adjudicator/referee in a decision of 251 pages (1673 paragraphs) supporting the validity of a dismissal and dismissing a monetary claim?
Canada (Federal), Canada
What is the test for obtaining new evidence after judgment has been rendered?
British Columbia, Canada
Is there any liability for lack of informed consent?
California, United States of America
Is there any case law or case law supporting the confidentiality of mediation?
Nova Scotia, Canada
What is the test to apply in a personal injury application?
Manitoba, Canada
What is the test used to determine whether a crime is necessarily included as a lesser offense?
California, United States of America
What is a lesser included offense in a felony murder case?
California, United States of America
Is inconsistency in a jury's verdict a valid reason for rejecting a jury verdict?
California, United States of America
What is the test for shared parenting?
Nova Scotia, Canada
Is there any prejudice to the administration of justice in family law proceedings if the evidence of a telephone conversation is routinely admitted?
Saskatchewan, Canada
What proof does the court need to establish that a child was not sexually molested by a series of sexual acts?
California, United States of America
What is the appropriate sentence for a gang member convicted of conspiracy to commit murder against seven other defendants?
California, United States of America
What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment?
California, United States of America
Is there any reason to impeach a defendant for not invoking his right to counsel post-arrest?
MultiRegion, United States of America
What is the test for a finding that a grand jury's decision to destroy or otherwise destroy evidence against appellant was flawed?
MultiRegion, United States of America
Is adverse possession of a public interest prohibited under the California Public Prosecutions Act?
California, United States of America
Is a subsequently enacted statute for a special purpose deemed to take precedence over a statute which is general in scope and application?
"New York", United States of America
What is the test for a motion to reverse and remand for further proceedings?
California, United States of America
Does the Federal Bureau of Investigation (FBI) have an obligation to prevent a plaintiff from being singled out for harm on the basis that he would be a victim of discrimination?
MultiRegion, United States of America
What is the test for validity of a foreign divorce?
Ontario, Canada
Is a plaintiff entitled to attorney's fees even if they represented themselves?
California, United States of America
In a civil action brought by the Department of Justice against the State Department for obtaining public utility records from a private utility provider, can the records be considered as evidence of probable cause?
MultiRegion, United States of America
What is the natural and probable consequences doctrine?
California, United States of America
What is the test for “actual notice” in real estate law?
Nova Scotia, Canada
What are the legal requirements for a pro se pleading in a motion to dismiss a motion for failure to state a claim?
MultiRegion, United States of America
How has the US Supreme Court considered the constitutionality of a section of federal legislation that criminalizes the possession of a gun in furtherance of a drug crime?
MultiRegion, United States of America
What is the effect of the actual innocence exception on a federal habeas petition?
MultiRegion, United States of America
What is the test for standing in a drug case where a drug dealer is found in possession at the time of the seizure?
MultiRegion, United States of America
How have the courts treated the role of a deputy sheriff as a bailiff for a sequestered jury?
MultiRegion, United States of America
How have courts dealt with the issue of bias in a motion for a writ of mandate?
California, United States of America
When will the prosecution use a prior manslaughter conviction to impeach appellant's testimony on a charge relating to possession of a concealable firearm?
California, United States of America
Can a defendant who is convicted of a similar crime be held liable for the loss of a victim's income?
California, United States of America
What is the test for a jury to reach a verdict in a civil case?
California, United States of America
What is the test for disclosing the work product of counsel to a witness?
Alberta, Canada
What is the test for overturning an Order requiring the Husband to pay back damages for wilful delay or default?
British Columbia, Canada
Is a city liable for failing to install a stop sign at an intersection?
California, United States of America
What is the test for establishing that a party has an interest in a property?
Ontario, Canada
What is the test for admissible evidence of a defendant's prior criminal past?
California, United States of America
Is voluntary manslaughter a lesser included offense of intentional murder?
California, United States of America
Is there any case law where in camera review is required?
California, United States of America
What is the test for finding Inco liable under private nuisance or the rule in Rylands v Fletcher v Fletcher?
Ontario, Canada
Is a decree nisi for cancellation valid?
Saskatchewan, Canada
What is the test for reimbursing a plaintiff's defense costs?
MultiRegion, United States of America
What is the test for malice in a murder case?
California, United States of America
What are the Guidelines for Motor Vehicle Licensing and Licensing Review Guidelines?
British Columbia, Canada
What is the test for appealing pro se from the district court's orders in her disciplinary action?
MultiRegion, United States of America
What is the test for determining whether an offer was reasonable when the offer was made?
California, United States of America
What constitutes a Miranda warning for a defendant?
California, United States of America
What is the current standard for a minor to make a voluntary confession of a crime?
California, United States of America
When will the court order the removal of an executor or trustee from a family matter?
Manitoba, Canada
What is the test for an abuse of the middle term of a sentence?
California, United States of America
How have contingencies been interpreted in general damages calculations?
Newfoundland and Labrador, Canada
What is the test for a motion to challenge the validity of a defendant's guilty plea on the grounds of ineffective assistance of counsel?
MultiRegion, United States of America
What is the test for damages for loss of future earning capacity?
British Columbia, Canada
What is the material facts of the Sun Valley crime?
California, United States of America
What is the test for unanimity in a criminal case where the evidence supports more than one charged offence?
California, United States of America
What is the test for obtaining independent legal advice in a personal injury case?
New Brunswick, Canada
Is a motion to dismiss an action under section 1385 of the California Penal Code "in furtherance of justice" valid?
California, United States of America
What is the test for a defendant to be ordered to pay attorney fees under the California Criminal Code?
California, United States of America
What is the test for determining whether a government official's conduct violates clearly established law?
MultiRegion, United States of America
What is the standard of proof in a civil action?
Alberta, Canada
What is the statute of limitations for a claim of negligent infliction of emotional distress?
California, United States of America
Can a beneficiary of a trust bring a lawsuit against a trustee who allegedly breached fiduciary duties owed to the beneficiary?
California, United States of America
What is the test for 'special circumstances' in medical malpractice cases?
California, United States of America
What is the test for affirmation of an order that would support the respondent's contention and require an affirmance of the order?
California, United States of America
What is the test for establishing ineffective assistance of counsel?
California, United States of America
What is the statute of limitations for a TILA claim?
MultiRegion, United States of America
What is the standard of review for drug possession cases?
MultiRegion, United States of America
How have courts reviewed sentencing choices such as the one at issue, whether to reinstate probation or sentence a defendant to prison?
California, United States of America
Can a gas line anti-freeze put in the pocket of a police officer be considered an accident?
Alberta, Canada
Is a failure to declare a doubt and conduct a hearing when there is substantial evidence of incompetence?
California, United States of America
What is the test for reducing voluntary manslaughter to murder?
California, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
Can a motion to dismiss consider documents that are not physically attached to the pleading?
MultiRegion, United States of America
Does defendant have any grounds to argue that he would have avoided prosecution if he had been advised he was likely to lose his appeal?
California, United States of America
What is Res judicata "a matter adjudicated" and is it binding and determinative in later litigation?
Ontario, Canada
Are there any communications that do not meet the criteria for an alleged shared assumption?
Ontario, Canada
Does a reversal of a bench note indicating that a defendant had committed a crime by mistake of fact be reversed?
California, United States of America
What is the test for validity of the acts of the US states of insurrectionary states during World War II?
Canada (Federal), Canada
What is the test for voluntary manslaughter based on use of excessive force in self-defense?
California, United States of America
Is the doctrine of the principle or rule necessary to the disposition of the case binding in all subsequent proceedings?
California, United States of America
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident?
MultiRegion, United States of America
What is the test for probable cause?
MultiRegion, United States of America
What are the consequences of a defendant's failure to pay court fees, assessments and fines?
California, United States of America
What is the standard test applicable under section 9(1)(n)(iii) of the Criminal Code Act?
Canada (Federal), Canada
What is the burden of proving severance from a joint trial?
MultiRegion, United States of America
Does a police officer have to give a Miranda warning before questioning a suspect?
MultiRegion, United States of America
What is the burden of establishing that a defendant has met under section 1170.18 of the Criminal Code?
California, United States of America
Is pimping a crime of moral turpitude admissible to impeach his credibility?
California, United States of America
Can a motion to dismiss an allegation under section F)(2 of the California Family Law Act be dismissed in furtherance of justice?
California, United States of America
What is the role of the judiciary and the executive in the process of extraditing an alleged criminal to Canada?
Ontario, Canada
What is the test for waiving the voir dire in a sexual assault case?
Ontario, Canada
How have courts reviewed the admissibility of uncharged sexual offense evidence on appeal?
California, United States of America
Can a defendant bring a special motion to strike a cause of action arising from constitutionally protected speech or petitioning activity?
California, United States of America
Does a witness have to produce a copy of a statement to refresh his memory?
California, United States of America
In what circumstances will a jury find that the provocation was sufficient to prompt a person to kill?
California, United States of America
What is the legal test for intent to set up a criminal gang?
California, United States of America
What constitutes a waiver of the Miranda rights?
California, United States of America
How have the courts dealt with claims of deficient performance and ineffective assistance claims?
MultiRegion, United States of America
Does a provincial superior court have the authority to rule on the constitutional validity of federal legislation?
British Columbia, Canada
What is a legally incorrect theory in the context of sexual assault cases?
California, United States of America
What is the test for joint employer liability in a medical malpractice case?
California, United States of America
What is the burden of an appellant in appealing against a finding of insufficient evidence?
California, United States of America
What is the test for obtaining a warrant for search and seizure of evidence without a warrant?
California, United States of America
Is a convicted murderer who is serving a minimum term of life imprisonment for first-degree murder subject to lifetime parole supervision?
California, United States of America
What is the test for a motion for acquittal under section 1118.1?
California, United States of America
Can a constructive trust be used to determine that one spouse benefited at the expense of the other spouse?
Alberta, Canada
What is the test for "who, what, when, where, and how" a plaintiff can allege fraudulent conduct?
MultiRegion, United States of America
What is the test for a claim of prosecutorial misconduct against a prosecutor who made disparaging remarks to the jury?
California, United States of America
What is the test for reasonable diligence when it comes to the equitable estoppel?
California, United States of America
Can a judge conclude that a defendant's actions were objectively unreasonable?
MultiRegion, United States of America
What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence?
California, United States of America
What is the standard of review of a district court's denial of a defendant's proposed jury instruction?
MultiRegion, United States of America
(4) is a jury required to achieve unanimity as to aggravating circumstances?
California, United States of America
How much notice is a 46 year old supervisor entitled to when he is dismissed?
Ontario, Canada
What is the test for admitting rebuttal evidence in a sexual assault case?
California, United States of America
Does a defendant have the right to appeal against his conviction for murder by reason of insanity in a situation in which he was not the moving party?
California, United States of America
How have courts treated allegations of market manipulation in the context of a securities transaction?
MultiRegion, United States of America
Is one witness's testimony substantial evidence?
California, United States of America
What is the standard of care, knowledge and care prevailing in the medical community?
California, United States of America
What is the impact of remarriage on a compensatory support case?
British Columbia, Canada
What is the test for dismissing a motion by a district court for want of jurisdiction de novo?
MultiRegion, United States of America
What is the burden of establishing jurisdiction against a party who is not a party to a claim?
MultiRegion, United States of America
What is the effect of consolidation of writs in three separate actions?
Saskatchewan, Canada
When will a father's decision that he would like to move to Canada with his children be overturned?
British Columbia, Canada
In what circumstances will a prosecutor be found guilty of gross misconduct in a civil case?
California, United States of America
What is the test for equal protection under the Fifth Amendment?
MultiRegion, United States of America
What is the test for a statutory injunction?
British Columbia, Canada
What are the legal principles for determining past loss of earning capacity?
British Columbia, Canada
Can a jury consider prior incidents of sexual misconduct as evidence in a sexual assault case?
California, United States of America
Is there any case law supporting the proposition that it is not necessary for a defendant to foresee the precise accident that happened to be liable?
Alberta, Canada
What is the test for unjust enrichment in real estate transactions?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the effect of freezing the estate of a deceased with respect to a dispute between two parties?
Manitoba, Canada
What is the current state of the law on substitute counsel?
California, United States of America
Is litigation privilege relevant to anti-SLAPP analysis?
California, United States of America
What is the test for a reasonable defense of habitation?
California, United States of America
In what circumstances will a defendant's trial counsel not seek to exclude prior convictions for drug possession from the evidence?
California, United States of America
What is the test for the protection of Fourth Amendment right to search and seizure in a Bunkers' locker?
MultiRegion, United States of America
What is the test for validity testing in medical malpractice cases?
British Columbia, Canada
What is the test for presuming that sworn testimony is true?
Canada (Federal), Canada
What is the test for a defendant to oppose a motion to amend their criminal record to include a prior conviction?
California, United States of America
What is the test for an offer that does not have a stated expiration date?
British Columbia, Canada
Is a tattoo on the back of the head a testimonial for the Fifth Amendment?
MultiRegion, United States of America
Is a mortgage that was registered as a charge valid?
British Columbia, Canada
What is the test for informing a defendant of the consequences of a guilty plea in Rule 11(c)(1)?
MultiRegion, United States of America
In what circumstances will a defendant be able to challenge his sentence for a violation of section 666.5 of the Penal Code?
California, United States of America
What is the burden of the prosecution on the defence of self-defence?
California, United States of America
Is penetration for sexual abuse for the purpose of sexual abuse required intent?
California, United States of America
Can a defendant be prejudiced by the delay in prosecuting him?
California, United States of America
Can a magistrate reduce a charge of grand theft from a felony to a misdemeanor?
California, United States of America
What is the leading case on equitable set-off in Canada?
Ontario, Canada
What is the constitutional significance of the issue of whether the province has authority to legislate in respect of judicial review?
British Columbia, Canada
In what circumstances will a district attorney or deputy be permitted to remain in the courtroom during the entire trial?
California, United States of America
What is the test for determining whether a motor vehicle is a vehicle that causes an adverse effect on interstate commerce?
MultiRegion, United States of America
Can a furtive gesture with prior reliable information constitute probable cause?
California, United States of America
How does an employer respond to an employee's disability request?
MultiRegion, United States of America
What is the difference between hourly fees paid by the client and the attorney retained?
California, United States of America
How have courts interpreted the rule that every act required by law to be done by any person, officer, or body in the course of the proceeding is valid?
California, United States of America
When faced with a settlement agreement, when will the courts depart from the terms of that agreement?
Canada (Federal), Canada
What is required for procedural fairness in every case?
British Columbia, Canada
What is the test for granting an extension of time for an employee to complete an application for an extension to his time to complete his application?
Canada (Federal), Canada
Does the Golden Rule apply to defense counsel in a wrongful death action?
California, United States of America
What is the effect of the Order of 1913 on a plaintiff’s subsequent costs?
Saskatchewan, Canada
Is a policy declaration that states that a general rule must apply only to certain circumstances?
California, United States of America
Can a judge reverse with instructions?
California, United States of America
Does a nine-year-old boy have the right to have his own opinion heard by the court?
British Columbia, Canada
What is the impact of a failure to hold an ability to pay hearing on a defendant who is serving time for assault and assault charges?
California, United States of America
What is the natural and probable consequences of a crime committed by a person who knowingly aids and abets criminal conduct?
California, United States of America
How have the courts in India dealt with the issue of judicial review in the context of the BCCA?
British Columbia, Canada
Can a jury trial be had in a personal injury case?
California, United States of America
Is there insufficient evidence to support a conviction of assault with a semiautomatic firearm?
California, United States of America
Is a defendant's instruction in a death penalty case inadequate when it refers to the use of the term "warrants", or does the term need to be changed?
California, United States of America
Is the filing of an affidavit of records a "necessarily required step" in an action?
Alberta, Canada
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded?
British Columbia, Canada
Does a judge have to grant a conditional request for new counsel?
MultiRegion, United States of America
What is the standard of care for an elderly plaintiff?
British Columbia, Canada
How has the Law Society of Upper Canada dealt with professional misconduct cases?
Ontario, Canada
What is the impact of a pre-hearing discovery clause in a medical malpractice proceeding?
California, United States of America
What is the test for the doctrine of lying in wait in a murder trial?
California, United States of America
Does the factual recitation of a Defendant's threat to kill a witness constitute a threat?
California, United States of America
What is the argument that there is insufficient evidence to support a finding of guilty intent to commit the crime of voluntary manslaughter?
MultiRegion, United States of America
Is there any claim that money was taken to the station house and inventoried for appellant's protection?
MultiRegion, United States of America
What is the test for a challenge to a conviction for attempted first degree murder committed with premeditation and deliberation?
California, United States of America
