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.
Does an attorney have a duty to respect the interests of his former client?
California, United States of America
What is the test for a search where the police have to wait 30 seconds to search a house?
California, United States of America
Is A-30 a land use bylaw or a building by-law?
Ontario, Canada
Does the district court abuse its discretion in denying plaintiffs leave to file a fourth amended complaint in order to reinstate an unjust enrichment claim?
MultiRegion, United States of America
What is the diminished capacity defense?
California, United States of America
What factors will a court consider when determining a sentence for assault under section 1170, subdivision (b) of the California Criminal Code?
California, United States of America
What is the test for dismissing a Rule 12(b)(6) motion?
MultiRegion, United States of America
What is the current state of the law on compensation for past loss of earning capacity?
British Columbia, Canada
Does an aider and abettor have to be convicted for crimes committed by the direct perpetrator?
California, United States of America
Can a peace officer arrest a driver who has not been questioned?
California, United States of America
Does a search warrant need to be obtained to search a vehicle at an immigration checkpoint?
MultiRegion, United States of America
What is the test for relief from criminal liability in a personal injury case?
"New York", United States of America
Can a defendant be found guilty of second-degree manslaughter for killing another person under the mistaken belief that he was in imminent danger of death or suffering great bodily injury?
California, United States of America
Is a plaintiff entitled to a non-local attorney fee under the California Civil Rights Act?
California, United States of America
What defines an informed person and what defines that informed person?
British Columbia, Canada
What is the burden on an appellant to affirmatively show that error was committed by the trial court?
California, United States of America
What is the test for sustaining a judgment or order of a lower court on appeal?
California, United States of America
Can a party plead inconsistent claims in a statement of claim?
British Columbia, Canada
Is evidence obtained during a search of September 11, 1999 pursuant to section 8 of the Charter admissible?
British Columbia, Canada
What is the legal test for drafting a pro se pleading?
MultiRegion, United States of America
Can a defendant be convicted of a charge under section 137 of the California Penal Code for influencing or influencing testimony at a preliminary hearing?
California, United States of America
What is the test for common law common law spouses in common law relationships?
Saskatchewan, Canada
What is the test for making a police report in a matter of public concern?
MultiRegion, United States of America
Does the fact that a statute can be applied in situations not expressly anticipated by the Legislature demonstrate ambiguity?
California, United States of America
How have the courts dealt with the issue of judicial immunity?
MultiRegion, United States of America
Is the attorney's fees governed by state or federal law?
MultiRegion, United States of America
What is the relevant case law in relation to property division issues?
British Columbia, Canada
What is the test for "sufficiently pervasive" harassment?
California, United States of America
Does section 954 of the California Code of Civil Procedure allow for a conviction for receiving stolen property to be included in the criminal record?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does a general liability clause in a civil contract allow the government to demand indemnity from a contractor for damages arising from the contractor's negligence?
MultiRegion, United States of America
Can an applicant reapply for a determination of catastrophic impairment under the same criterion or his condition changes over time?
Ontario, Canada
How has the court treated the issue of joint and several liability for full restitution in a civil case?
California, United States of America
Is there a common law common law duty of care?
Yukon, Canada
When interpreting a waiver, does the waiver contain any specific language, and the waiver does not specify the scope of the waiver?
Canada (Federal), Canada
Is a defendant liable for any economic loss suffered by a victim as a result of his criminal conduct?
California, United States of America
What is the test for determining the meaning of a statute?
California, United States of America
Can a 911 call from a witness give evidence under the hearsay exception?
California, United States of America
What is the test for reversal of a defendant's search warrant?
California, United States of America
Does a judge have to forcibly interrupt a prosecutor's response to a peremptory motion?
California, United States of America
What is the test for abuse of discretion when a motion is denied further discovery?
MultiRegion, United States of America
Is there any case law where a beneficiary is not a beneficiary under a Shareholders Agreement?
British Columbia, Canada
What is the test for determining whether a person can be found guilty of a sexual assault under the Mental Health Act?
MultiRegion, United States of America
Does a prosecutor commit misconduct when he invites the jury to view the case from the perspective of the alleged victim?
California, United States of America
Is a payor required to establish that pre-tax income is not available because reinvestment of the company is necessary?
British Columbia, Canada
When will identification evidence be admitted in a civil case?
California, United States of America
What is the test for a motion to stay a sentence for a man convicted of second degree murder and a charge of attempted robbery?
California, United States of America
What is the current state of the law on eyewitness identification?
"New York", United States of America
What is the test for admitting expert testimony in a medical malpractice case?
California, United States of America
What is the duty of a court to ensure that a witness is fully advised of their Fifth Amendment rights?
California, United States of America
Does the consent of a minor have to be obtained by police officers who entered her house unannounced with drawn guns?
California, United States of America
When will a judge grant a motion for a second new trial?
California, United States of America
Does the standard of proof beyond a reasonable doubt apply to decisions to get married or to change lanes while driving?
California, United States of America
What is the test for a temporary order under the Divorce Act?
Ontario, Canada
What is the test for setting aside a ruling by the Court of Appeal on the admissibility of evidence?
California, United States of America
What is the test for determining whether a sentence is disproportionate to the crime?
California, United States of America
What is the test for admissibility of a video containing instructions for making explosive devices?
MultiRegion, United States of America
What is the test for medical malpractice under the Eighth Amendment?
MultiRegion, United States of America
What is the test for proving a party to a motion of motion is incapable of driving?
Ontario, Canada
Does Defendant have jurisdiction to raise the issue in the court below?
California, United States of America
What is the test for making a determination that an offence was a serious violent offence?
Ontario, Canada
Is a shareholder buy/sell provision in a unanimous shareholder agreement enforceable?
Ontario, Canada
Is there any case law where a defendant alleges that he was improperly advised of his Miranda rights by a police investigator during an interview?
California, United States of America
Is there any case law where evidence of abuse of process was privileged?
Canada (Federal), Canada
What is the test for establishing that a primary activity of a criminal gang is "primary activities"?
California, United States of America
What is the test for an offer of proof in a personal injury action?
California, United States of America
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation?
MultiRegion, United States of America
What is the legal test for challenging a jury's impartiality with evidence of statements made outside the jury room?
California, United States of America
Is a tribal hunt a religious exercise protected by the First Amendment?
MultiRegion, United States of America
What is the test for an appeal against a finding that a judge abused discretion in making decisions on a motion of appeal?
MultiRegion, United States of America
Is a statement by a police officer that he fears for his safety not enough?
MultiRegion, United States of America
What is the standard of appeal review for determining the sufficiency of evidence?
California, United States of America
Does the Attorney General have any authority to request to strike prior convictions under section 1385?
California, United States of America
What is the test for determining whether a plaintiff has a claim under the California Probate Code?
MultiRegion, United States of America
What is the test for a jury to overturn a finding of not guilty?
Ontario, Canada
Can a restitution order be reviewed for abuse of discretion?
MultiRegion, United States of America
In what circumstances have arrears of child support been cancelled?
British Columbia, Canada
What is the test for a motion to suppress evidence in a search warrant application?
California, United States of America
Does the actor's mental state have to be considered a factor in determining if a scene is disturbing?
California, United States of America
Does a jury have to accept or stipulate that the People and the Defense agreed or stipulated to certain facts?
California, United States of America
What is the test for a motion to challenge a finding of guilty beyond a reasonable doubt?
California, United States of America
Is there a fiduciary obligation owed by a director to shareholders?
British Columbia, Canada
What is the burden of proving a surety's claim for relief from forfeiture?
California, United States of America
What is the effect of a prior conviction on the credibility of a defendant at trial?
California, United States of America
What is the test for admitting photographs of victims of crime?
California, United States of America
What is the effect of amending a complaint to amend it to amend the original complaint?
California, United States of America
What is the test for addressing the applicability of this statute in appellate courts?
California, United States of America
What is a reasonable expectation of loss that may support a claim for damages?
Ontario, Canada
What is the scope of the powers of the grand jury?
MultiRegion, United States of America
What is the legal test for a motion for summary judgment?
Manitoba, Canada
What is the current state of the law on immunity for a public official?
MultiRegion, United States of America
Can a franchisee change the terms of their agreement with a franchisor?
MultiRegion, United States of America
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state?
MultiRegion, United States of America
What is the current state of the law on cross-examination in a civil case?
California, United States of America
What is the test for assessing loss of future earning capacity?
British Columbia, Canada
Does intentional disclosure of information constitute a violation of the Due Process Clause?
California, United States of America
What background evidence is required in a variation proceeding?
Manitoba, Canada
Does a defendant have forfeited review of his section 17(b) motion?
California, United States of America
Is Canada required to select land for the creation of an Indian reserve?
Saskatchewan, Canada
What is the test for determining the existence of a private duty of care owed by a public authority?
British Columbia, Canada
What is the test for finding a defendant guilty of a charge of criminal contempt?
California, United States of America
Does a liability insurance policy promise to defend and indemnify the insured against injury claims?
California, United States of America
What is the effect of the city attorney's practice of waiting until the 11th hour to subpoena police officers for trial?
California, United States of America
Is an involuntary statement obtained by a law enforcement officer from a criminal suspect by coercion in a criminal proceeding?
California, United States of America
Does a tacit causation rule underpinning a state court's decision in a case?
MultiRegion, United States of America
What is the test for determining whether a defendant has committed multiple crimes at the same time?
California, United States of America
Is there any case law that supports a motion to appoint a litigation guardian on an ex parte basis?
Ontario, Canada
What is the test for reasonable suspicion in a search warrant application?
MultiRegion, United States of America
Does the term "criminal proceedings" or "county charges" apply to expenses incurred by the Department of Justice?
California, United States of America
Is a common law relationship with a plaintiff who is a plaintiff in a fatal accident action for the purposes of calculating damages?
Manitoba, Canada
When a demurrer is sustained, how does the court review the facts in the complaint de novo?
California, United States of America
What is the test for having jurisdiction to challenge a conviction and sentence for possession and illegal transfer of an unregistered machine gun?
MultiRegion, United States of America
What is the test for overturning a conviction under section 11352 of the Criminal Code?
California, United States of America
Can a defendant appeal from the judgment of a nonjury trial that resulted in their convictions of the crime of burglary?
California, United States of America
What is the test for determining whether a litigant is vexatious?
California, United States of America
Is there any case law in which a defendant has been successful in appealing against his sentence?
California, United States of America
What is the state attorney general's position on incidental movement in a simple kidnapping case?
California, United States of America
Are there any conflicts or inconsistencies in the testimony of a witness?
California, United States of America
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs?
Ontario, Canada
What is the test for a defendant's credibility to be impeached if they have been convicted of a similar or similar crime in the past?
California, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
What is the test for abuse of discretion in the context of discovery of a witness's juvenile and parole records?
California, United States of America
Is a frivolous, malicious or frivolous action dismissed?
MultiRegion, United States of America
What is the test for establishing that the failure of a state counsel to submit additional peremptory challenges affected the outcome of a jury trial?
MultiRegion, United States of America
What is the preponderance of evidence in a criminal case?
California, United States of America
What is the test for a charge of murder in aid of racketeering?
MultiRegion, United States of America
What is the current state of the law on spousal support?
New Brunswick, Canada
What is the defence of a dual representation insurance policy?
Saskatchewan, Canada
What evidence exists to support a robbery-murder special circumstance?
California, United States of America
In what circumstances will the court strike evidence in a pleading?
Ontario, Canada
What is the impact of section 254(3) of the Criminal Code on the meaning of the phrase "as soon as practicable"?
Ontario, Canada
What is the legal test for dismissing an action for sexual assault?
California, United States of America
What is the test for an exclusionary clause in a personal injury policy?
California, United States of America
What is the test for punitive damages in a medical malpractice case?
California, United States of America
What is the test for establishing that a will was signed by a testator who appeared to understand and approve the contents?
Alberta, Canada
What is the test for a variation of a custody and access order?
British Columbia, Canada
Is pimping a crime of moral turpitude?
California, United States of America
What is the current state of the law on the best interests test?
Ontario, Canada
What is the range of sentencing in second degree murder cases?
Nova Scotia, Canada
How have commissions been determined in employment law?
Alberta, Canada
What is the test for having an oral hearing in a dispute at the Court of Appeal?
British Columbia, Canada
Can a police officer search a probationer's home without a warrant?
California, United States of America
What is the test for rescheduling a non-jury trial?
California, United States of America
What is the test for specific performance in a contract?
British Columbia, Canada
What is appellant's case law on felony-murder pleading?
California, United States of America
What is the test for freedom of expression in the context of an election campaign?
Ontario, Canada
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"?
MultiRegion, United States of America
What is the duty of a fire department to “overhaul” the fire area?
Ontario, Canada
What is the burden or onus of a party seeking the production of a document?
Nova Scotia, Canada
What is the burden of proving ineligibility at a resentencing?
California, United States of America
Does section 654 of the Criminal Code apply to conceded facts?
California, United States of America
What is the impact of allegations of unethical conduct, misrepresentation before the court and sharp practice?
Alberta, Canada
What is the test for withdrawing a plea on the grounds that his attorney of record has not provided adequate representation?
California, United States of America
Does section 654 of the California Criminal Code bar punishment for two enhancements?
California, United States of America
What is the legal test for reversal of a jury verdict when a prosecutor's cross-examination is prejudicial?
California, United States of America
Does the fact that there is a provision allowing the wife and children to occupy the family home constitute a reapportionment?
British Columbia, Canada
Is there any case law where a plaintiff commenced an action a year before the limitation period expired?
British Columbia, Canada
Is there any precedent for assuming that a plaintiff in a California Supreme Court case will be able to sue for damages in the context of state-wide congressional redistricting?
California, United States of America
How have courts overturned criminal convictions for failure to appear and/or enhancement for committing a felony while released from custody?
California, United States of America
In what circumstances will the court decline jurisdiction on the basis of forum non conveniens?
Saskatchewan, Canada
Is a dismissal for failure to state a claim reviewed de novo?
MultiRegion, United States of America
Does the identification of "punishment" in the context of section 11(i) of the Charter apply to a child as a punishment?
British Columbia, Canada
How have defendants been successful in a civil action against a detective who identified a suspect in a murder case based on a single statement?
California, United States of America
What is the current state of the law in Canada with respect to the role of a superintendent of motor vehicles?
British Columbia, Canada
Does the minority rule apply to judicial estoppel?
MultiRegion, United States of America
In what circumstances will a jury overturn a finding that there was no entrapment?
MultiRegion, United States of America
Is a failure to make a timely and specific objection cognizable?
California, United States of America
What impact did the bankruptcy of the District Attorney's office have on his and his staff?
California, United States of America
On appeal from a denial of a motion to suppress evidence on Fourth Amendment grounds, what is the standard of review?
California, United States of America
What is the difference between police evasion and felon firearm possession?
California, United States of America
Is a payment for a medical report respecting a potential plaintiff’s injuries not a payment in respect of that cause of action?
Newfoundland and Labrador, Canada
What is the test for bringing a whole case before a judge?
Alberta, Canada
What is the current state of the evidence for a motion for acquittal?
California, United States of America
Is evidence of sexual intent admissible in a sexual assault case?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
In what circumstances have CPLs been cancelled?
British Columbia, Canada
What is the impact of publicity on the selection of a jury in a penalty trial?
California, United States of America
What is the test for determining whether a defendant's confession was voluntary?
California, United States of America
What is the basis for a motion for a mistrial?
California, United States of America
What is the test for a claim for production under a settlement agreement?
British Columbia, Canada
What is the test for establishing that a gift is intended as a gift?
British Columbia, Canada
Does a prosecutor's comment on a defendant's silence violate the Fifth Amendment?
California, United States of America
Is there sufficient evidence to sustain a conviction of possession of a Beretta?
California, United States of America
What is the test for a defendant's right to retain counsel of his own?
California, United States of America
In what circumstances will a judge be permitted to comment on the evidence before a jury in a personal injury case?
California, United States of America
Does the reverse onus of a motor vehicle adjudicator affect the adjudicator's decision?
British Columbia, Canada
What is the test for an overbreadth search in a probation application?
California, United States of America
What is the test to determine whether a petition is barred by the statement of limitations?
California, United States of America
How has the Court treated a material amendment of a claim under the California Health and Safety Act?
California, United States of America
Is a stay of proceedings a discretionary remedy?
Yukon, Canada
What is the test for determining whether a person is entitled to sue for damages when they are not able to prove their claim?
MultiRegion, United States of America
What is the scope of a defendant's right to stand trial by jury in a federal criminal case?
California, United States of America
What is the standard of conduct for a motion for a mistrial in a sexual assault case?
California, United States of America
What is the sufficiency of evidence to support a criminal conviction under the substantial evidence standard?
California, United States of America
What is the test for a motion to dismiss a motion for personal injury?
British Columbia, Canada
What is the current standard of review for a federal court to review a state conviction for habeas consideration under AEDPA?
MultiRegion, United States of America
Does a person have to possess marijuana to be able to ingest it?
California, United States of America
When reviewing the denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable?
California, United States of America
Can a court order attorney fees for a defendant who is unable to pay without a hearing into his ability to pay the fees?
California, United States of America
What is the test for determining whether a search conducted by Border Patrol officers was "reasonable" under the Fourth Amendment?
MultiRegion, United States of America
