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 a conviction based on circumstantial evidence?
Alberta, Canada
Does the adjudicator have any obligation or obligation to disclose medical history to police officers?
British Columbia, Canada
Can a vendor's name be filled in to give effect to the established intention of the vendor?
Saskatchewan, Canada
Does a statement by a witness that is inconsistent with his trial testimony constitute hearsay?
California, United States of America
What is the test for determining whether a defendant is liable for misconduct?
MultiRegion, United States of America
What is the difference between an acquittal of intentional murder and a conviction of depraved indifference murder?
MultiRegion, United States of America
Is a motion for a continuance of an action brought by plaintiffs in a motor vehicle accident when the application was untimely and failed to comply with the procedure for relief?
California, United States of America
What is the test for determining whether a defendant knowingly made a false or fraudulent statement under Insurance Code section 1871.4, subdivision (a)(1), for purposes of obtaining workers' compensation benefits?
California, United States of America
What is the current state of the law on s. 46 of the Criminal Code in s.46(1) of the Rules of Justice?
British Columbia, Canada
What is hearsay in the federal rule of evidence?
MultiRegion, United States of America
What is the legal test for determining whether a jury has found that an element of the offense charged is conclusively presumed?
California, United States of America
What is the test for granting relief in a personal injury case?
California, United States of America
What is the burden of proving attorney-client privilege?
MultiRegion, United States of America
Does the standard instruction in a motor vehicle accident (CALCRIM No. 3160) require a pinpoint instruction?
California, United States of America
Is there a recognized duty of care?
Saskatchewan, Canada
Can a Rule 12(b)(1) jurisdictional attack be facial or factual?
MultiRegion, United States of America
What is the test for probable cause de novo in a search warrant application?
MultiRegion, United States of America
Is there any evidence that a crime committed by a gang was committed for the benefit of the gang?
California, United States of America
Is there any case law where privileged documents have been inadvertently included in a volume of productions?
Ontario, Canada
In what circumstances will a jury consider a defendant's prior conviction of a misdemeanor rather than a felony?
California, United States of America
What factors will be considered in determining who should be custodial of the children?
British Columbia, Canada
What rights does an inmate have in accessing the courts?
MultiRegion, United States of America
What is the test for a motion for a stay pending appeal?
Ontario, Canada
What is the test for admissible hearsay evidence in criminal proceedings?
California, United States of America
Does a loss of housekeeping services provided by a member of the same family preclude an award for loss of Housekeeping capacity?
British Columbia, Canada
Does an individual who knowingly makes improvements on the land of another individual, without their consent, have the right to obtain reimbursement for such improvements?
MultiRegion, United States of America
What is the difference between a voluntary recognition agreement and a certification order?
New Brunswick, Canada
Is there any case law where the court has reduced the hourly rate awarded to counsel by reducing the amount awarded to the inexperienced attorney?
MultiRegion, United States of America
Does a sentencing judge have to preside over the trial or sentencing?
MultiRegion, United States of America
What is the test for determining whether a plaintiff’s earning capacity has been impaired by the injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the test for a plaintiff to claim damages from a third party under the Corporations Act?
British Columbia, Canada
Can a plaintiff continue to work as a school crossing guard?
Ontario, Canada
Is there any case law where a defendant has argued that evidence of violent criminal activity was prejudicial and misleading?
California, United States of America
In a motor vehicle accident, can a defendant be charged with second degree murder based on driving while intoxicated?
California, United States of America
What are the procedural fairness requirements for a decision to suspend an officer with pay pending an administrative investigation?
British Columbia, Canada
What is the test to stay a custody order?
Ontario, Canada
Can a defendant move to disqualify a prosecuting attorney or entire prosecuting agency?
California, United States of America
What is the current state of the law on damages for whiplash?
British Columbia, Canada
What is considered to be the definition of "due diligence"?
California, United States of America
What is considered reasonable probable that if the evidence was admitted to the Court of Appeal?
California, United States of America
Can a federal prisoner seeking relief from a custodial sentence under section 2255 of the Criminal Code seek to vacate, set aside or correct the sentence?
MultiRegion, United States of America
What is the test for making a post-Guidelines order for child support?
Yukon, Canada
What is the test for determining whether a trial error is harmless or prejudicial?
California, United States of America
What is qualified immunity for a public official in a civil case?
MultiRegion, United States of America
What is the test for restitution under the Criminal Proceeds of Crime Act?
MultiRegion, United States of America
Can a termination be said to be voluntary?
Canada (Federal), Canada
How is the reasonableness of attorney's fees calculated?
MultiRegion, United States of America
Does withdrawal from the workforce at age 62 constitute a material change in circumstances justifying variation of spousal support?
Ontario, Canada
Can a pro se prisoner amend his complaint to allow him to amend it to maintain a cause of action?
MultiRegion, United States of America
What is the test for striking out a pleading which is irrelevant to the matter?
Ontario, Canada
What is the test for serving a default judgment?
British Columbia, Canada
What is the test for second counsel fees?
Alberta, Canada
What is the test for impeaching a judgment or verdict based upon evidence that merely discloses unusual circumstances?
California, United States of America
What is the test for responding to an anonymous 911 call for marijuana possession?
California, United States of America
What are the requirements for redemption of an outstanding debt?
Alberta, Canada
What is the scope of alternatives in the California Regents' Environmental Assessment Review?
California, United States of America
What is the standard of review for a visa officer's decision?
Canada (Federal), Canada
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
Is kidnapping for robbery a violent crime for the purposes of section 1387.1?
California, United States of America
What is the test for an adjournment application?
British Columbia, Canada
Is discharge of lis pendens dischargeable as part of a summary judgment application?
Alberta, Canada
What is the test for setting off a Guideline amount in a shared residence?
Saskatchewan, Canada
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court?
California, United States of America
When a probation term is revoked, does the court still have jurisdiction to revoke the probation?
MultiRegion, United States of America
What is the test for a motion to stay a date for a civil jury trial in a motor vehicle accident in Ottawa?
Ontario, Canada
What is the test for establishing a limit on the number of people who can live in a single-family home?
California, United States of America
What is the test for determining whether a controller is negligent in the design of the circuitry?
Alberta, Canada
Are there any cases where the consent decree was not approved by the federal district judge?
MultiRegion, United States of America
Does res judicata apply in the context of a motion to dismiss an action for delay?
Ontario, Canada
What is the test for relying on representations by the custodial parent that they will not move without the children if the application to relocate is denied?
British Columbia, Canada
What rights does an appellant have when pleading guilty to a charge of sexual assault?
California, United States of America
What is the test for determining whether a defendant is guilty of manslaughter based on implied malice?
California, United States of America
What is the leading case setting out the factors to be considered in determining whether it is in the best interests of a child to move?
Ontario, Canada
Can a jury read the correct definition of reasonable doubt at the close of evidence?
California, United States of America
Does a paid complaint that is "obviously frivolous" have federal subject matter jurisdiction?
MultiRegion, United States of America
In what circumstances will a court award attorney fees for abuse of discretion?
California, United States of America
What is the test for making a statement of facts in a criminal case?
California, United States of America
Does the testimony of a detective in the case of Jose Rodriguez have to be excluded as unduly prejudicial?
California, United States of America
What is the test for dismissing an SVPA petition for unreasonable delay in getting the matter to trial?
California, United States of America
Is section 654 of the California Criminal Code applicable to two counts of assault for two gunshots which occurred within one minute of one another?
California, United States of America
What is the test for determining whether a person has capacity to participate in sexual contact with another person?
"New York", United States of America
Does a failure to investigate thoroughly result in inattention?
MultiRegion, United States of America
Is an employer entitled to an opinion of an employee's conduct that is not based on their own opinion?
British Columbia, Canada
What is the basis for an application for leave to commence a derivative action?
British Columbia, Canada
What is the test for determining if an asylum seeker is a "refugee" and not a "national"?
MultiRegion, United States of America
Is 2D1.4 of the Criminal Code applicable to a defendant convicted of possession with intent to distribute?
MultiRegion, United States of America
What is the test for vesting a will for the purposes of determining who is to be a devisee under a will?
Saskatchewan, Canada
How have courts dealt with a motion to quash or amend the record of a community redevelopment application?
California, United States of America
What is the test for a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence at a hearing?
California, United States of America
Does a judge have authority to impose a second restitution fine on a convicted offender who has his or her parole revoked?
California, United States of America
What is the meaning of the word "use" when it is not defined by statute?
MultiRegion, United States of America
What is the current state of the law in which a director of a corporation is permitted to profit from a breach of his duty to the corporation and its stockholders?
MultiRegion, United States of America
In what circumstances will a judge grant a motion of appeal in a probation revocation hearing?
MultiRegion, United States of America
Does the stop time rule apply to an alien's period of continuous physical presence?
MultiRegion, United States of America
Does the test by statute apply to qualified immunity?
MultiRegion, United States of America
What is the test for punitive damages in a medical malpractice case?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for establishing equitable estoppel, or fraudulent concealment, when a plaintiff alleges fraudulently concealing the facts of a claim?
MultiRegion, United States of America
Can a pleadings amendment that adds new claims be futile?
MultiRegion, United States of America
Does the term 'invalid' or 'voidable' in the context of the alienation of a person's property under the California Family Law Act apply to a person whose property is subject to alienation under the same statute?
California, United States of America
What is the test for determining whether there is a "good faith" in a relationship?
British Columbia, Canada
What is the test for a search warrant for search warrants in the context of electronic surveillance?
MultiRegion, United States of America
What is the test for retaining supplemental jurisdiction over state law claims in a civil action?
MultiRegion, United States of America
What is the state of the law in Ontario when it comes to protecting the rights of a very young child who is charged with crime?
MultiRegion, United States of America
What is the standard of review for a motion where a claim has been made that the claim is incorrect?
Canada (Federal), Canada
What is the test for a claim for damages under section 2 of the New York State Vehicle Accident Prevention Act?
"New York", United States of America
What is the test for the innocent mistake exception?
Canada (Federal), Canada
Is a party who repudiated a settlement agreement?
Manitoba, Canada
What is an "overriding" error?
Ontario, Canada
What is the test for waiver of a defendant's right to seek placement in a mental health or drug treatment program?
California, United States of America
When a director ceases to hold office, does the director have to resign?
Canada (Federal), Canada
What is the test for establishing a new speed limit in a city?
California, United States of America
Does a federal court have the authority to make coercive appointments of counsel?
MultiRegion, United States of America
Is a denial letter valid and valid?
Ontario, Canada
What is the test for a civil rights claim under the Civil Rights Act?
MultiRegion, United States of America
Is an arrest warrant sufficient to search a person's home?
California, United States of America
Can a judge annul or annul a finding in an opinion?
California, United States of America
What is the effect of a motion to amend the terms of a claim for relief?
MultiRegion, United States of America
Does a waiver of the psychotherapist-patient privilege need to be express or express?
California, United States of America
In what circumstances will a prosecutor be found guilty of misconduct in a criminal case for improper questioning and misrepresentation to the jury of a witness?
California, United States of America
What legislation, if any, should have been enacted?
Saskatchewan, Canada
What is the legal test for a motion for summary judgment in a personal injury case?
Ontario, Canada
How have the courts interpreted the terms of a plea agreement?
MultiRegion, United States of America
What is the test for granting leave to amend a motion to dismiss a complaint?
MultiRegion, United States of America
What is the test for a judge sitting on a special case?
British Columbia, Canada
Does a delay of one year delay in a career as a pilot affect a plaintiff's career prospects as a lawyer?
British Columbia, Canada
What is the test for reversal of a judgment in a criminal case?
California, United States of America
Does Section B indemnity need to be extended to all members of the public?
New Brunswick, Canada
What rights does a non-English speaking defendant have in a criminal case?
California, United States of America
What evidence of third-party culpability was found to be prejudicial at trial?
California, United States of America
Does the Fourth Amendment protect an inmate from seizure and destruction of his property?
MultiRegion, United States of America
When is a right not a "fundamental" one?
California, United States of America
How have courts dealt with the contention of error where the error was reversible per se?
California, United States of America
How have courts interpreted section 818.8 and 822.2 of the California Family Law Code on deceit?
California, United States of America
Is there any case law where defense counsel has argued that defense counsel did not specifically raise this ground on the ground of admissibility?
California, United States of America
Can funds in a joint account be attachable?
Ontario, Canada
What is the limitation on the time limit for accepting a complaint under the BCHRT?
British Columbia, Canada
What constitutes fraud and/or misrepresentation of fact?
Ontario, Canada
Under what circumstances will a federal court only apply the exclusionary rule in a habeas proceeding?
MultiRegion, United States of America
What is the test for a motion denying an anti-SLAPP motion?
California, United States of America
What is the test for chambers judge to give judgment as he or she would do upon a trial?
British Columbia, Canada
Does the jury need to continue deliberations after they have reached an impasse?
California, United States of America
In what circumstances will an administrative finding be sufficient to invalidate an Environmental Information Review?
California, United States of America
Does the existence of a governmental regulation in an industry affect the determination of a class action?
Ontario, Canada
What is the test for a notice of civil claim?
British Columbia, Canada
What is the test for finding that a parent has not done enough to help the child?
Ontario, Canada
What is the test for unanimous verdicts in a murder case?
California, United States of America
How have courts considered the meaning of s. 35(4)(b)(b) of the BC Code of Civil Procedure in the context of a modification of restrictive covenants?
British Columbia, Canada
What is the test for misrepresentation of a vehicle prior to sale?
British Columbia, Canada
What is the test for a search warrant to search a container of marijuana seized by a police officer?
MultiRegion, United States of America
What is the test for determining whether a defendant has a prior strike against the Three Strikes law?
California, United States of America
Does the definition of reasonable doubt given during jury selection constitute a jury instruction?
California, United States of America
What is the test for judicial review of an agency's jurisdiction?
MultiRegion, United States of America
What is the test for defamatory language in a letter to the board of directors of CCNH?
New Brunswick, Canada
In what circumstances will a defendant be found liable for failing to provide a safe environment for a plaintiff to work?
MultiRegion, United States of America
What is the effect of a motion to reduce a conviction for possession of a controlled substance to a misdemeanor under section 17 of the California Criminal Code?
California, United States of America
Is a notice of appeal by a pro se prisoner deemed filed when it is delivered to the prison authorities for forwarding to the court clerk?
MultiRegion, United States of America
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury?
California, United States of America
What is the effect of a motion to withdraw from a personal injury action?
MultiRegion, United States of America
What is the consent defense in the context of burglary?
California, United States of America
What is the standard of review for a motion of appeal?
Canada (Federal), Canada
What is the standing issue at the Superior Court of Justice?
British Columbia, Canada
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"?
California, United States of America
What is the test for multiple convictions under section 654 of the California Criminal Code?
California, United States of America
What is the test for abuse of power?
California, United States of America
What is the test for a procedural due process claim?
MultiRegion, United States of America
What is the test for standing in a search warrant application?
British Columbia, Canada
Does a defendant have a right to exercise their right to plead guilty to a motion of acceptance of responsibility?
MultiRegion, United States of America
Is it necessary for the trial judge to determine whether this residence was unfit for habitation?
Alberta, Canada
In what circumstances have the courts accepted civilian evidence of speeding in an 80 kilometre per hour zone?
Ontario, Canada
Is a defendant convicted of involuntary manslaughter eligible for probation?
California, United States of America
What is the test for reasonable suspicion in a motor vehicle case?
MultiRegion, United States of America
Does a search warrant need to be obtained prior to the search warrant being issued?
MultiRegion, United States of America
What are the reasons for a decision by the Court of Appeal against the Applicant and Respondent?
Ontario, Canada
What is the test for a defendant to challenge their conviction for sexual assault?
MultiRegion, United States of America
In what circumstances will the court overturn a voluntary manslaughter conviction?
California, United States of America
What is the test for a federal civil servant to be found guilty of gross misconduct in a civil case?
MultiRegion, United States of America
What is the test for a plaintiff to claim damages for false arrest?
Ontario, Canada
What are the mitigating factors under section 1203.07 of the California Criminal Code for a drug dealer convicted of possession for sale or sale of heroin?
California, United States of America
Is a jury properly instructed on the issue of multiple conspiracies?
MultiRegion, United States of America
What is the test for reversal of a conviction in a sexual assault case?
California, United States of America
What is the difference between homemaking costs and future care costs?
British Columbia, Canada
What is the test for admitting or denying evidence in a civil case?
California, United States of America
On an appeal of a decision ordering spousal support, can the appellate court overturn the order?
Ontario, Canada
What is the test for establishing conspiracy to commit robbery?
California, United States of America
What is the test for instructing the trial court on a self-defense defense?
California, United States of America
What is the test for a plea of undue influence?
Manitoba, Canada
What is the test for a motion for a retrial based on newly discovered evidence?
California, United States of America
What is the test for a permanent injunction?
British Columbia, Canada
In what circumstances will a police officer be found guilty of deliberate indifference in a civil case for failing to prevent violence at a political rally?
MultiRegion, United States of America
What is the test for an officer of the state to violate a collective bargaining agreement?
California, United States of America
What is the test for a violation of the Eighth Amendment by failing to provide adequate medical care?
MultiRegion, United States of America
What is the test for overturning a judgment or order of a lower court?
California, United States of America
Can a judge be found to have a preconceived purpose to grant probation?
California, United States of America
Does a police officer have the right to search the front seat of a car when there is probable cause of arrest?
California, United States of America
What is the standard for ineffective assistance of counsel?
California, United States of America
Can a police officer stop a citizen for questioning in a consensual exchange?
MultiRegion, United States of America
What is the agency's burden of explanation for its finding of fact in its reasons?
Canada (Federal), Canada
What is the test for a jury to agree that a defendant killed someone because of a sudden quarrel or in the heat of passion?
California, United States of America
