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 test for an appeal from the dismissal of an action?
MultiRegion, United States of America
What is the test for leave to appeal against a conviction for sexual assault against an accused who has served his sentence?
Manitoba, Canada
In what circumstances will a second judge grant a motion to advance the trial date?
California, United States of America
What is the meaning of the term "wrongfully injure or destroy any property" in the context of section 12303.3 of the California Penal Code?
California, United States of America
What factors will be considered when applying the best interests test under s. 5(4) of the Change of Name Act?
Ontario, Canada
What is the test for a charge of resisting a peace officer?
California, United States of America
Is a jury required to define the term "zone of harm" or "kill zone"?
California, United States of America
What is the effect of a prosecutor's argument that a defendant has been found guilty of assault by reason of voluntary intoxication?
California, United States of America
Is a restrictive covenant for the sale of a dental practice business unenforceable?
Alberta, Canada
What is the difference between the special circumstance of a murder and a murder allegation?
California, United States of America
Can a transcript of a state evidentiary hearing be reviewed for an independent review?
MultiRegion, United States of America
What is the test for reversing a judgment of conviction for failure to appear for a pre-induction physical examination?
MultiRegion, United States of America
Does the trial court have jurisdiction over a cause during the pendency of an appeal?
California, United States of America
In a medical malpractice case, in what circumstances will a physician be permitted to restrict disclosure to a patient who may override his expert opinion?
California, United States of America
What is the test for determining the sufficiency of evidence in a civil case?
California, United States of America
What is the test for a defendant to be found competent to stand trial?
California, United States of America
Can a testatrix be found to have capacity that conflicts with a medical diagnosis or the outcome of a medical test?
British Columbia, Canada
What type of change is sufficient to change a custody order?
Ontario, Canada
Is there any case law supporting a plaintiff's claim that the Department of Justice discriminated against him on a procedural basis?
MultiRegion, United States of America
What is the consequence of a juvenile court's finding that a conflict between appellant and her trial counsel was not irreconcilable?
California, United States of America
Does Section 1252(g) of the Immigration Code apply to all claims arising from deportation proceedings?
MultiRegion, United States of America
Does Section 667.5 of the California Penal Code need to substitute "fear of immediate and unlawful injury" for "threat of great bodily harm"?
California, United States of America
Can judgment in default of defence be granted?
Canada (Federal), Canada
What is the case law on disclosure in the context of a personal injury application?
British Columbia, Canada
What is the law of summary judgment including partial summary judgment?
Ontario, Canada
What is the test for dismissing an indictment for sexual assault?
MultiRegion, United States of America
Is it an abuse of discretion to admit evidence under section 352 of the California Criminal Code?
California, United States of America
Is there any case law where a jury member of the jury has been found to have made a mistake in giving evidence of limited probative value?
California, United States of America
What is the test for corroboration under section 1111 of the Penal Code?
California, United States of America
What standard of review applies to this appeal?
Canada (Federal), Canada
What is the test for a motion for a mistrial?
California, United States of America
Does the fact that there is a discrepancy between what occurred in a proceeding and what happened in the proceeding defeat privilege?
British Columbia, Canada
Does a judge err in limiting testimony of a plaintiff's expert to prevent him from testifying as to whether defendants owed plaintiff fiduciary duty?
California, United States of America
How to amend a complaint to satisfy Rule 8 pleading requirements?
MultiRegion, United States of America
What is the test for assessing costs when a self represented person is involved in a personal injury action?
Nova Scotia, Canada
What is the burden on a defendant to challenge their conviction on grounds of insufficiency?
MultiRegion, United States of America
What is the test for determining whether DNA testing is in the child's best interests?
"New York", United States of America
Can a payer set off a costs award made in his favour on a child support variation hearing against retroactive and prospective child support payable by the payor?
British Columbia, Canada
Is there any case law supporting the assertion of privileged information?
Ontario, Canada
What is the test for an award for future care costs in a motor vehicle accident?
British Columbia, Canada
Does a trustee stand in the shoes of a debtor?
MultiRegion, United States of America
Is Page 260 of the American Civil Rights Act enforceable?
MultiRegion, United States of America
Can a resulting trust arise where there was a direct or indirect contribution by the petitioner to the petitioner's estate?
Manitoba, Canada
What is the effect of the failure to ensure the presence of an informer at trial?
MultiRegion, United States of America
Can an undertaking be used as a right of first refusal?
British Columbia, Canada
What is the test for interpretation of an agreement?
British Columbia, Canada
What is the case law on the importance of a parent providing a safe, stable and secure home?
Ontario, Canada
What is the relevant case law in the context of sexual assault cases?
California, United States of America
What is the test for corroborative evidence in a sexual assault case?
California, United States of America
Can a violent felony be a crime of violence?
MultiRegion, United States of America
Is a post-judgment motion for attorney's fees still pending before the district court?
MultiRegion, United States of America
Does section 654 of the California Criminal Code apply to any sentence?
California, United States of America
Can a breath test from Musurichan be suppressed?
Alberta, Canada
Can a search warrant be suppressed if the warrant was issued on the basis of an illegible version of the warrant?
California, United States of America
Does Section 812 of the New York State Criminal Code prohibit concealment or alteration of evidence?
"New York", United States of America
What is the test for making a constitutional argument on appeal?
California, United States of America
What is the legal test for appealing a criminal conviction?
Ontario, Canada
What is the test for instructing a jury on the principles of law relevant to the issue?
California, United States of America
What is the test for establishing that an accomplice is guilty of a crime?
California, United States of America
What is the test for statutory sex abuse?
California, United States of America
Is there any case law where a trial court's conduct in appointing a public defender or private counsel was an abuse of power?
California, United States of America
Is a defendant entitled to be instructed on any legally recognized defense to the charges against him that has some foundation in the evidence?
MultiRegion, United States of America
What is the test for finding a defendant guilty of attempted murder?
California, United States of America
Does a federal court have jurisdiction to review a decision made by the Department of Justice under the Civil Code of Civil Procedure?
MultiRegion, United States of America
Can a prosecutor request a judicial order mandating that a witness provide answers on topics that the witness has characterized as self-incriminating?
California, United States of America
What is the test for a jury to convict an appellant of making a destructive device?
California, United States of America
What is the test for admissibility of evidence of an uncharged sexual assault?
California, United States of America
Does the reasonableness standard apply to decisions of the Superintendent of Motor Vehicles?
British Columbia, Canada
Is a prosecutor wrong to comment on the failure of a defense to produce its own experts?
California, United States of America
What is the test for "inherently improbable" evidence in a sexual assault case?
California, United States of America
What constitutes substantial evidence in a civil case?
California, United States of America
What factors will a court consider in making or refusing a child representation order?
Newfoundland and Labrador, Canada
Is it necessary or practical to make known to a person arrested the reason why they are being arrested?
Alberta, Canada
What is the test for a jury to reach a verdict in a sexual assault case?
California, United States of America
Can a witness be impeached with the fact of their prior juvenile adjudication?
California, United States of America
Can a defendant be convicted of an offence which was not shown at the preliminary hearing?
California, United States of America
How has an employer been successful in imposing discipline on an employee who was found with a marijuana cigarette in his cigarette package?
New Brunswick, Canada
What is the test for overturning a conviction based on insufficient or circumstantial evidence?
California, United States of America
What is the test for abuse of notice under section 473.5?
California, United States of America
What is the test for whether a statement is a matter of public interest?
California, United States of America
What is the test for determining whether or not to order disclosure of personnel records?
California, United States of America
In what circumstances will the Department of Justice seek to overturn a finding that a motorist is not responsible for causing death by dangerous driving under the Motor Vehicle Accident Act?
California, United States of America
What is the standard of review in a sexual assault case where the evidence relied mainly on circumstantial evidence?
California, United States of America
What is the test for a motion to vacate a sentence based on a controverted fact?
MultiRegion, United States of America
Does Defendant have jurisdiction to raise the issue in the court below?
California, United States of America
What is the standard for assessing credibility and reliability of evidence at a medical malpractice hearing?
British Columbia, Canada
Can a seller misrepresents a vehicle's condition?
British Columbia, Canada
Is a settlement or award of damages as compensation for injury or loss excluded property?
British Columbia, Canada
What is the impact of a traumatic history of a 5 year old in temporary care?
Manitoba, Canada
What is the requirement of procedural fairness in the law of Canada?
Saskatchewan, Canada
What is the effect of fraudulent concealment on an owner's cause of action for conversion?
California, United States of America
In what circumstances have courts found that a mother who has made some outstanding improvements in her lifestyle has not proven that a transfer of custody is in the best interests of her child?
Ontario, Canada
What is the test for whether a state law has a reference to an employee benefit plan?
MultiRegion, United States of America
What is the test for a creditor to be able to contribute towards a defendant’s legal costs?
Ontario, Canada
Can a warrant be obtained via a telephonic warrant?
MultiRegion, United States of America
What is the test for a defendant's claim that the evidence presented at trial was prejudicial?
California, United States of America
What is the difference between a penalty that is too harsh for a Licensee to continue to practice?
Ontario, Canada
What is the test for imposing sanctions on a local rule violation?
California, United States of America
What is the effect of an amended opinion in an amended or modified opinion in a case?
MultiRegion, United States of America
What is the reason for a defendant's probation order requiring him to continue taking antipsychotic medication?
California, United States of America
Is a defendant entitled to defendant's credits against his sentence if he obtained a certificate of probable cause?
California, United States of America
Can a jury restrain a defendant in the presence of the jury?
California, United States of America
What is the impact of an applicant's failure to corroborate their testimony with reliable corroborating evidence?
MultiRegion, United States of America
Is there any case law where a trier of fact was able to conduct the same review as a third party?
Alberta, Canada
What is the test for late filing of a personal injury claim against a public entity?
California, United States of America
What is the legal test for a finding of insufficient evidence to overturn a conviction for transportation and possession for sale of controlled substances?
California, United States of America
Is an insurance company seeking to sell and administer an ERISA plan to have discretion in making claims decisions?
MultiRegion, United States of America
What is the legal test for a motion to stay a settlement in an interlocutory matter where the settlement has yet to be perfected?
British Columbia, Canada
What is the test for determining whether there is a continued need for state intervention to protect the children?
Ontario, Canada
Is a flight instruction a cautionary one that benefits the defense?
California, United States of America
Is the record inadequate for review because it does not contain the transcript relied upon by the trial court?
California, United States of America
Does Rule 12(b)(1) allow a defendant to raise the defense that the court lacks subject matter jurisdiction over an entire action?
MultiRegion, United States of America
What is the test for a stay of execution of an application for a motion to prevent the application from being heard in the Superior Court of Justice?
British Columbia, Canada
Is there any foreseeability of harm when the oil furnace and oil fill pipe were left in place in 1979?
Ontario, Canada
Does a Defendant have a right to refuse a blood test on the grounds it would violate his privacy or his right against self-incrimination?
California, United States of America
Are vague and conclusive allegations concerning the involvement of official personnel in civil rights violations sufficient?
MultiRegion, United States of America
Is the Attorney General a proper respondent in a case brought by a group of plaintiffs seeking to obtain a writ of habeas corpus?
MultiRegion, United States of America
Does a motion to suppress need to be heard in person?
"New York", United States of America
What are the elements of a criminal charge in the abstract?
Alberta, Canada
What is the standard of review in maintenance cases?
British Columbia, Canada
Can a defendant plead to assault with a deadly weapon or intent to commit murder?
California, United States of America
What is the scope of the discretion of the Court of Appeal under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
What is the effect of a motion to dismiss a charging document for failure to state an offense?
MultiRegion, United States of America
Is BCALC acting within its jurisdiction in interpreting its policy on cannabis use?
British Columbia, Canada
Can policy-makers be said to have deliberately indifferent to the need for mandatory training?
MultiRegion, United States of America
Does section 2933.2 of the California Criminal Code apply to a defendant who has been convicted of murder?
California, United States of America
What is the test for establishing good cause for a Pitchess hearing?
California, United States of America
Is a contract to purchase a lot of land for sale not illegal?
British Columbia, Canada
What is the test for defamatory language in a defamation case?
British Columbia, Canada
What rights does a permanent civil service employee have to respond to a disciplinary action?
California, United States of America
Does the correctness standard apply to a driver who is unable to drive a vehicle in a parking lot?
British Columbia, Canada
Is the trial counsel ineffective for failing to move for a judgment of acquittal at the close of the prosecution's case-in-chief?
MultiRegion, United States of America
What is the definition of "neglect" under section 473 of the California Civil Code and what is the effect of that?
California, United States of America
What is the maximum partial indemnity rate for time spent by J. O’Kane?
Ontario, Canada
What is the test for a defendant to prove that they were intoxicated at the time of an assault?
California, United States of America
What is the test for establishing there is no employment relationship?
Canada (Federal), Canada
In what circumstances will a motion for sanctions be heard by a judge who observed conduct of a party against whom they are seeking?
California, United States of America
What is the burden of ineffective assistance of counsel?
California, United States of America
What is the legal test for ineffective assistance of appellate counsel?
MultiRegion, United States of America
What is the legal test for the sufficiency of evidence to support a conviction?
California, United States of America
What is the effect of annexation on the relationship between mortgagor and mortgagee?
Nova Scotia, Canada
Can a general contractor be sued for negligence or breach of contract by a subcontractor who works on the construction of a house?
New Brunswick, Canada
What is the test for determining whether there is an Eighth Amendment violation?
MultiRegion, United States of America
What are the requirements for a motion seeking discovery or disclosure of a peace officer's records?
California, United States of America
What is the test for appeal against a cost award?
Ontario, Canada
What is the test for a motion seeking interlocutory review of an application by appellant in the Superior Court of Justice alleging that the appellant has been denied access to cross-examination during the hearing?
MultiRegion, United States of America
Can a defendant plead guilty to an uncharged lesser related charge of attempted murder without either committing an assault or brandishing a weapon?
California, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments under the same law?
California, United States of America
Is a plaintiff's claim for damages arising from an award made by an arbitration panel of arbitrators collaterally estopped?
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 common law common law authorizes a search incident to a lawful arrest?
Ontario, Canada
How have courts reviewed a trial court's ruling on the hearsay nature of evidence in a sexual assault case?
California, United States of America
What is the current state of the law on the Miranda warning?
California, United States of America
What is the test for an arsonist to be convicted of such a crime?
California, United States of America
Is a plaintiff entitled to a portion of the profits from the sale of her property?
Saskatchewan, Canada
What is the test for a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
In what circumstances will the Court reverse its decision not to grant a motion requiring a reversal of a finding that physical restraint impaired the fairness of a trial?
California, United States of America
Does a District Attorney have the authority to prosecute cases in the Magistrates' Court?
"New York", United States of America
Does a defendant have a constitutional right to introduce evidence and present a defense at trial?
"New York", United States of America
What is the test for dismissing an information based on outrageous government conduct?
MultiRegion, United States of America
Does a state substantive law in the guise of an evidentiary rule apply?
MultiRegion, United States of America
Is there any case law where a jury was instructed to convict a defendant of only two conspiracies rather than four?
California, United States of America
Is evidence of a writing made as a record of an act, condition or event not inadmissible by the hearsay rule?
California, United States of America
What is a management fee for a plaintiff in a personal injury action?
British Columbia, Canada
Can an attorney be held liable for malicious prosecution for continuing to prosecute a lawsuit discovered to lack probable cause?
California, United States of America
How have courts applied the term "lawyer’s approval" in a contract?
Alberta, Canada
Is there an evidentiary stipulation that a defendant was not involved in the robbery?
California, United States of America
What is the effect of an omission in the sentencing of a defendant in a criminal case?
California, United States of America
What is the standard of review applied to a protective order under the DVPA?
California, United States of America
How has the statute of limitations been calculated since the date of an order or judgment becoming final?
MultiRegion, United States of America
What is the test for consent under the Fourth Amendment?
California, United States of America
What is the threshold requirement for varying the order of custody in a family law case?
British Columbia, Canada
What is the duty of an invitee to a guest house where the guest is injured in an accident?
Saskatchewan, Canada
Can a general employment to find a purchaser at a named price be considered?
Saskatchewan, Canada
Does a defendant who seeks a finding of mental incompetence bear the burden of proof thereon?
California, United States of America
What efforts might have been made by the prosecution to produce the witness after her absence became known?
California, United States of America
What are the principles governing the imposition of a civil contempt penalty?
British Columbia, Canada
Does an Indian chief owe a fiduciary duty to the whole of his band?
British Columbia, Canada
Does the phrase "gang activity" in a probation condition have to be interpreted as a criminal street gang?
California, United States of America
Can an employee be dismissed for refusing to carry out his duties as a result of an ultimatum from his employer?
Alberta, Canada
What is the test for establishing an express trust in a tax return?
California, United States of America
Does the anti-SLAPP statute need to define "an issue of public interest"?
California, United States of America
Is a defendant's prior conduct relevant in establishing that the victim was in a state of sustained fear?
California, United States of America
What is the impact of a plaintiff's pre-accident earning pattern on loss of future earning capacity?
British Columbia, Canada
What is the test for federal intervention in a habeas case?
MultiRegion, United States of America
What factors will be considered in an application to extend the time to appeal from a decision of the Master?
British Columbia, Canada
What is the test for establishing a fraudulent transaction?
Saskatchewan, Canada
What is the test for a vested right?
British Columbia, Canada
What is the test for a material change in circumstances?
New Brunswick, Canada
What is the test for holding a young offender accountable under the Youth Criminal Justice Act?
Ontario, Canada
What is the current state of the law in the context of the cruel and unusual punishment clause in the Eighth Amendment?
MultiRegion, United States of America
What is the relevant period of time between the date of the Accident and the time of trial?
British Columbia, Canada
What is the test for making a claim that an application to join a Grand Jury is moot?
MultiRegion, United States of America
What is the burden of proving that a party has met the moving party's burden?
California, United States of America
What is the test for a motion to traverse a search warrant?
California, United States of America
Does the statute of limitations apply to an amended complaint?
California, United States of America
Can a marriage contract be set aside if one of the parties regrets it?
Ontario, Canada
What are the grounds of appeal against a special verdict in a personal injury case?
California, United States of America
Is there any difference in the way the courts deal with alleged past events?
British Columbia, Canada
What is the standard of review for mixed fact and law?
Newfoundland and Labrador, Canada
