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.
In what circumstances will police obtain a warrant for the seizure of methamphetamine from a defendant's home?
California, United States of America
Is a witness's statement that they do not remember an event admissible to establish the truth of the matter?
California, United States of America
How have the courts treated misconduct in the case of Beatty v. New York City School of Education?
"New York", United States of America
What are the elements of a cause of action for fraud?
California, United States of America
What is the test for statutory damages in motor vehicle accidents?
MultiRegion, United States of America
What is the effect of inflation on the value of money in a non-castrophe case?
Saskatchewan, Canada
Can a motion for summary judgment be dismissed?
Ontario, Canada
Is ineffective assistance of counsel more appropriately brought in a new trial motion or on a writ of habeas corpus than on appeal?
California, United States of America
Does an offer to discontinue without costs constitute a discharge of a claim?
British Columbia, Canada
Is an employee entitled to a pension that would have accrued during the notice period?
Alberta, Canada
What is the test for proving ineffective counsel?
MultiRegion, United States of America
Does a defendant have a fundamental right to be informed of all derogatory information in the context of sentencing?
MultiRegion, United States of America
Is intimidation of defense witnesses violative of a defendant's compulsory-process right?
California, United States of America
What is the current state of the law in BC when it comes to custody and access?
British Columbia, Canada
What is the test for establishing a reduction in force discriminatory?
MultiRegion, United States of America
In what circumstances will a plaintiff be denied medical treatment by the first responders?
California, United States of America
Is a trustee entitled to reimbursement for the administration and distribution of the estate?
Ontario, Canada
How have the courts interpreted the law in the context of self-defence?
California, United States of America
Can extrinsic evidence be adduced to prove that a consideration was not stated in a written deed?
Alberta, Canada
Does a search conducted under the auspices of a properly imposed parole search condition violate a person's privacy?
California, United States of America
What is the current state of the law in the context of the Fifth Amendment?
California, United States of America
What is the current state of the law in Canada on procedural fairness?
Saskatchewan, Canada
Does a jury's rejection of the allegation that defendant acted willfully, deliberately and with premeditation foreclose a retrial on that allegation?
California, United States of America
Does the statute of limitations apply to a claim under Section 1983 of the Federal Notice of Claim Act?
MultiRegion, United States of America
What is the current state of the law in the context of a direct appeal of a conviction and sentence for gross misconduct?
MultiRegion, United States of America
Does a district court have the authority to proceed to the merits of an appeal where procedural issues are more complex than the merits issue?
MultiRegion, United States of America
How have the courts treated innuendo at trial?
Ontario, Canada
Is there a time limit for appellant to move for correction by the trial court of legal errors in sentencing?
California, United States of America
Does a full and final release need to be agreed upon to dispose of the issue before me?
Ontario, Canada
What is the test for using expert testimony in a medical malpractice case?
California, United States of America
Does a federal district court have subject matter jurisdiction?
MultiRegion, United States of America
What is the effect of admitting to driving under the Fifth Amendment?
California, United States of America
How have courts interpreted the Fair argument test in assessing consistency between a General Plan and a Specific Plan?
California, United States of America
What are the requirements for a negligent misrepresentation claim?
Alberta, Canada
Does the construction of an unsightly structure and the blocking of views support an action in nuisance?
British Columbia, Canada
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint?
MultiRegion, United States of America
What is the common law presumption of negligence in cases involving motor vehicle accidents?
California, United States of America
Is spousal battery a continuous course of conduct crime?
California, United States of America
What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense?
California, United States of America
When will a plaintiff's claim of ineffective assistance of counsel be rejected?
California, United States of America
Does improper admission of hearsay over a timely objection require reversal of a conviction?
MultiRegion, United States of America
What is the test for relying on a particular defense?
California, United States of America
How have the rules of voir dire been interpreted in the context of drug possession cases?
MultiRegion, United States of America
What is the test for a motion to extend the trial of a defendant in a criminal case?
California, United States of America
Is there any adverse inference against the District Attorney's Office for failing to produce video evidence?
"New York", United States of America
Is a tractor-trailer parked in front of a house a nuisance?
British Columbia, Canada
If plaintiff wishes to file an amended complaint against defendants, what are the requirements?
MultiRegion, United States of America
If a motion is deficient in providing an explanation of litigation delay, is the court bound to make a decision based on the evidence before it?
Ontario, Canada
What is the test for an allegation of malice murder with deliberation and premeditation?
California, United States of America
What is the evidentiary record required to make out a duty of care in a defamation action?
Ontario, Canada
Is an autopsy a testimonial within the meaning of the Sixth Amendment?
California, United States of America
What is the test for a motion to suppress evidence in a civil case?
California, United States of America
In what circumstances will a judge be denied a recusal claim for abuse of power?
MultiRegion, United States of America
Is there any case law where a plaintiff has been involved in four motor vehicle accidents?
British Columbia, Canada
What constitutes dishonesty in the context of disclosure of facts?
Ontario, Canada
What is the test for determining probable cause in a criminal case?
"New York", United States of America
Does a statute of "longstanding vintage" have any effect on the meaning of the Second Amendment?
MultiRegion, United States of America
What is the test for establishing a bailment for hire of a car?
"New York", United States of America
What is the limitation period for a claim to cancel a promissory note and deed of trust?
California, United States of America
What is the current state of the law on new evidence in a judicial review?
British Columbia, Canada
What is the test for a plea of "double jeopardy” in a criminal case?
Alberta, Canada
In a personal injury action, how have attorney fees been awarded in personal injury cases?
California, United States of America
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend?
California, United States of America
What is the test used to determine whether a suspect has been found guilty of false imprisonment?
MultiRegion, United States of America
Is the language in elder abuse statutes the same as that in child abuse statutes?
California, United States of America
What is the test for a constructive discharge under the constructive discharge doctrine?
MultiRegion, United States of America
If a plaintiff is found to be disabled by the date of trial, can she still claim for future disability benefits?
Ontario, Canada
Can a beneficiary of a trust bring a quiet title action against the trustee?
California, United States of America
In what circumstances will an employer be liable for injuries sustained by an employee in a motor vehicle accident?
California, United States of America
What is the test for a claim for substantial risk of serious harm in a motor vehicle accident?
MultiRegion, United States of America
What is the test for assessing the likelihood of a plaintiff’s future work life after the accident?
British Columbia, Canada
What is the test for summarising the evidence at trial in the context of a jury trial?
California, United States of America
Is a defendant's prior serious felony conviction valid for sentencing purposes under section 667 of the California Criminal Code?
California, United States of America
Can a plaintiff bring a tort action against a public officer or employee?
California, United States of America
What is the test for establishing a "primary activity" in a criminal gang?
California, United States of America
Does the name of a victim in a civil proceeding need to be made public?
Ontario, Canada
Is a defendant entitled to review the issue of guilt or innocence?
California, United States of America
What is the test for being a jury in a civil case?
"New York", United States of America
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent?
Ontario, Canada
Is voluntary intoxication relevant to a felony-murder theory in a first degree murder case?
California, United States of America
What is the test for a claim challenging the sufficiency of evidence in a criminal case?
California, United States of America
Is there any case law where a prosecutor has been found to have engaged in deceptive or reprehensible methods to persuade either the trial court or the jury?
California, United States of America
What is the test for admitting expert testimony in a sexual abuse case?
California, United States of America
Is there a disqualifying conflict of interest between a lawyer and client?
British Columbia, Canada
What is the test for denying a motion for a new trial?
California, United States of America
What is the statute of limitations for a claim for private nuisance damages real property?
California, United States of America
Does a prosecutor's knowing use of perjured testimony violate the due process clause of the Fourteenth Amendment?
MultiRegion, United States of America
What is the test for statutory classification of a disability?
California, United States of America
Does Adorable have the burden of proving its claim against Twin?
British Columbia, Canada
What is the difference between matrimonial assets and debt?
Nova Scotia, Canada
Is there any case law where a defendant has been found in contempt of court for breaching the terms of a civil contract?
British Columbia, Canada
Can a breach of the standard of care be inferred from the evidence?
British Columbia, Canada
Does the Secretary of State have authority to withdraw from the Department of Justice?
MultiRegion, United States of America
What is the legal test for direct aiding and abetting in a murder case?
California, United States of America
When will a defendant appeal against a finding that a jury's instruction to exclude victim impact evidence from the penalty phase was incorrect?
California, United States of America
What is the test for a jury to determine whether a defendant has a duty to instruct the jury on self-defense?
California, United States of America
What is the test for determining whether a utility company can be held liable for a motor vehicle accident?
California, United States of America
Does the Attorney General have the authority to grant an ability to pay at the sentencing of a defendant?
California, United States of America
What is the state of the law in this context?
California, United States of America
Is Selander's burden to establish that the error was not an abuse of discretion?
California, United States of America
What is the test for denying a motion to proceed in forma pauperis?
California, United States of America
What is the test for a waiver of a defendant's right to attend a section 1203.2a hearing?
California, United States of America
What is the history of a defamation action against the Church of Scientology?
Canada (Federal), Canada
Can a district court compel a jury to take all the time to reach a verdict when the foreman said that the jury was close to a verdict?
MultiRegion, United States of America
What is the test for predatory pricing under s. 36 of the Competition Act?
Nova Scotia, Canada
What is the test for an expense under section 7(1) of the BC SPCA?
British Columbia, Canada
What is the test for determining whether the Secretary of State has a burden of burden on a claimant in claiming disability benefits?
MultiRegion, United States of America
What is the test for staying a motion against a defendant for slander?
Saskatchewan, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for deferential abuse of the standard?
California, United States of America
Can one party frustrate a court order that the property be sold?
Ontario, Canada
Is a defendant entitled to resent his sentence after the execution of his sentence has begun?
California, United States of America
How have we overcome the presumption of false statements in police reports?
MultiRegion, United States of America
What is the test for determining whether a shorter distance than a longer distance is sufficient in a motor vehicle accident?
California, United States of America
Is a term of probation invalid if it has no relation to the crime of which the offender was convicted of?
California, United States of America
What is the importance of the PDRCC process?
Canada (Federal), Canada
When will the executor of a will or devisee take possession of the proceeds of a sale of real or personal property?
"New York", United States of America
What is the test for instructing a sua sponte on a defense?
California, United States of America
What is the date of a federal habeas petition?
MultiRegion, United States of America
What is the test for a First Amendment claim against a public employer?
MultiRegion, United States of America
Does possession of a gun demonstrate that defendant considered the possibility of murder in advance, and intended to use it?
California, United States of America
What factors must be considered when assessing credibility?
British Columbia, Canada
Can defense counsel intentionally cause the trial court to err?
California, United States of America
What is the test for a plaintiff's claim that the government failed to bring him to trial within the Speedy Trial Act?
MultiRegion, United States of America
What is the burden of proving ineffective assistance on appeal?
California, United States of America
What is the impact of the proposition to amend section 781 of the California Juvenile Code to prohibit violent offenders from entering the juvenile justice system?
California, United States of America
What is the test for security for costs in a personal injury action?
British Columbia, Canada
What is the test for contributory negligence when a plaintiff refuses to sit in the back of a pick-up truck?
Alberta, Canada
What is the test for determining whether a plaintiff is a plaintiff in a motor vehicle accident?
California, United States of America
What is the test for a grand jury to decide whether to indict a defendant in a sexual assault case?
MultiRegion, United States of America
What is prejudicial evidence in a civil case?
California, United States of America
Can a defendant obtain attorney's fees and costs expended on an appeal?
MultiRegion, United States of America
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion?
MultiRegion, United States of America
What is the test for a motion to set aside a default judgment?
California, United States of America
What is the test for blood alcohol concentration and is there any case law supporting this?
British Columbia, Canada
Is there any case law where a trial judge made an error by mistake?
British Columbia, Canada
What is the test for reopening a trial to address an arithmetical error?
British Columbia, Canada
What is the test for "particularized injury" in a tort action?
MultiRegion, United States of America
What is the test for appeal against an order granting attorney fees?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the current state of the law on identification procedures in medical malpractice cases?
MultiRegion, United States of America
How are lost sick bank credits calculated in circumstances such as motor vehicle accident?
British Columbia, Canada
What is the effect of a Miranda warning on a suspect?
California, United States of America
What are the applicable principles for a summary determination?
British Columbia, Canada
Can a defendant discover the identity of an informant to attack a valid search warrant affidavit?
California, United States of America
What is the test for admitting evidence of hearsay in a criminal case?
California, United States of America
Can a plaintiff's mother be compelled to reveal her medical history?
California, United States of America
Does the doctrine of Felder Rule apply in the context of a statute referring us to state law?
MultiRegion, United States of America
What is the scope of a federal district court's authority to order discovery under Rule 16 of the Criminal Procedure 16?
MultiRegion, United States of America
Is plaintiff's English language proficiency sufficient to request an interpreter in a civil action?
MultiRegion, United States of America
Is Rule 42 of the Criminal Procedure applicable to a civil contempt case?
MultiRegion, United States of America
What is the purpose of a sentence for a man convicted of assault with intent to pervert the course of justice?
Ontario, Canada
What is the test for a charge of false imprisonment in a sexual assault case?
California, United States of America
What is the test for determining damages in a personal injury case?
MultiRegion, United States of America
Does the personal use of a firearm in the commission of a crime qualify as a violent felony?
California, United States of America
What is the test for a charge of gross negligence in a criminal case?
California, United States of America
How have the courts interpreted the costs rules in the context of litigation?
British Columbia, Canada
Is a patient’s condition as a result of a combination of irregularities in the course of treatment?
British Columbia, Canada
What is the test for bad faith in failing to comply with an order for disclosure?
Ontario, Canada
Can a court strike or dismiss a prior conviction for abuse of discretion?
California, United States of America
What are the competing values in a motion to disqualify a property owner?
British Columbia, Canada
Does a plaintiff have an interest protected by the First Amendment?
MultiRegion, United States of America
Can a lawyer obtain a desk order for divorce from the opposing counsel?
British Columbia, Canada
Is a child a compelling state interest that a state has not a duty to protect?
California, United States of America
Is a defendant's trial attorney ineffective for failing to object to the prosecutor's closing argument?
California, United States of America
Is it misconduct for a prosecutor to violate a court ruling by eliciting or attempting to elicit inadmissible evidence?
California, United States of America
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"?
California, United States of America
What is the test for the purpose and rationale of spousal support?
British Columbia, Canada
What are the consequences of a juvenile court's dispositional order placing him on home detention after evading a police officer?
California, United States of America
How have the courts in India dealt with the issue of loss of future earning capacity?
British Columbia, Canada
Does Lucas need to have the prejudicial portion of his sentence reduced if he has served his sentence?
MultiRegion, United States of America
What are the elements of an RICO predicate offence?
MultiRegion, United States of America
What is the standard for determining prejudicial impact of a jury instruction in a habeas case?
MultiRegion, United States of America
What is the burden of proving that the grievance process is not available?
MultiRegion, United States of America
Are there any cases where the court has found that a corporation has been found to be acting in a fiduciary manner?
MultiRegion, United States of America
Can a sheriff's entry into a house to investigate a report of an incident involving a motor vehicle accident be considered unreasonable?
California, United States of America
What is the test for a charge of assault under section 5.4 of the Ontario Penal Code (b)(1) of the Criminal Code of Ontario?
California, United States of America
What is the quantum of damages for an elderly plaintiff in a motor vehicle accident?
British Columbia, Canada
What is the Defendant's argument that there is insufficient evidence that one of the primary activities of a gang was criminal activity?
California, United States of America
What is the test for an award of attorney fees on appeal?
California, United States of America
Can a pleading disclose that there is no cause of action against one of several defendants?
Ontario, Canada
What is the test for the doctrine of reasonable doubt?
California, United States of America
What is the standard of review in this case?
MultiRegion, United States of America
Does a plaintiff have to be decertified as a member of a class as a result of their success at trial?
MultiRegion, United States of America
What is the delay between sworn information and reasons?
British Columbia, Canada
What is the test for admitting evidence that defendant possessed methamphetamine and heroin for sale when he was charged only with possession?
California, United States of America
What is the effect of the narrow view of jurisdiction on child support?
British Columbia, Canada
What is the test for establishing a prima facie case of discrimination in the use of peremptory challenges?
California, United States of America
Does Section 190.2(a)(2) of the California Criminal Code apply to a defendant who has been convicted of a prior-murder charge?
California, United States of America
Is counsel ineffective in advising a defendant not to testify in their opening statement?
California, United States of America
What is the test for admission to probate of a copy of a will that has been lost?
Alberta, Canada
How have courts treated technical hairsplitting in the context of instructions to a jury?
California, United States of America
What is the test for determining whether a defendant is liable in negligence in a motor vehicle accident?
British Columbia, Canada
What is the test used to determine the sufficiency of evidence to support a conviction?
California, United States of America
What is the effect of Proposition 7 on the crime of attempted murder?
California, United States of America
What is the statute of limitations for an action brought by appellant against Respondent?
California, United States of America
Is there any case law where a federal court has found that the testimony of a former federal detective, who testified that a person carrying contraband was not a suspect in the case, inherently improbable?
California, United States of America
Can a formal settlement offer be revoked by an informal settlement offer?
British Columbia, Canada
Does a factfinder have to consider whether a trial court misstated an element of the crime?
MultiRegion, United States of America
Under what circumstances must a creditor sustain its burden of proof for each element?
federal, United States of America
