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 legal test for failure to give a unanimity instruction?
California, United States of America
What is the test for substantial evidence in a civil case?
California, United States of America
Can a witness refuse to answer questions at a grand jury?
MultiRegion, United States of America
How have we treated the appellant in the context of his application for leave of absence?
California, United States of America
What is the test for a plaintiff to recover damages in a civil action?
"New York", United States of America
How has the court interpreted the presumption that an official duty has been regularly performed?
California, United States of America
What is the applicable test in reviewing a decision of a prothonotary?
Canada (Federal), Canada
Is implied malice required for a jury to convict a defendant of attempted murder?
California, United States of America
Does the writ of habeas corpus, challenging illegality of detention, become a sham if it is not acted within a reasonable time?
MultiRegion, United States of America
Is a claim for misfeasance required to name individual public officers?
British Columbia, Canada
Does the CTPU need to increase its expenditures to meet the injury prong of the Injury Prevention Guidelines?
MultiRegion, United States of America
What if the trial court erred by admitting defendant's statements?
California, United States of America
What is the test for hearsay in a murder case?
California, United States of America
What is the standard of review in a child abuse case?
California, United States of America
What is the test for a restitution order for abuse of power?
MultiRegion, United States of America
When is a foreign personal representative permitted to administer an estate?
Alberta, Canada
Does corroboration of the victim's testimony need to be corroborated to convict a defendant of assault or attempted rape?
"New York", United States of America
Can a direct perpetrator be found guilty of murder based on implied malice?
California, United States of America
How have the courts interpreted "as is" on a receipt of a motorboat and trailer sale?
British Columbia, Canada
Can an easement be used to fence off a parcel of land owned by Westside Land Corporation?
Alberta, Canada
Does a defendant have to answer on all three charges at a preliminary hearing on a charge of conspiracy to commit murder?
California, United States of America
Is the failure of the prosecution to produce Braithwaite sufficient to prevent a defendant from standing trial?
California, United States of America
What is the test for prejudgment interest in a personal injury action?
MultiRegion, United States of America
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer?
British Columbia, Canada
Is there a limitation period between 1998 and 2004?
Ontario, Canada
Does a plaintiff have to "forfeit" his complete and imperfect self-defense claim by taking a gun into his backyard?
California, United States of America
Can a party rely on the Tolling Agreement to insulate themselves from judicial intervention for allegedly oppressive conduct which continues today?
British Columbia, Canada
Does Defendant have any grounds to argue that the jury instruction was legally deficient or biased?
California, United States of America
What are the grounds of appeal for the admissibility of two statements that were submitted to the jury after voir dires?
Alberta, Canada
What remedies are available to petitioner in a military court-martial proceeding?
MultiRegion, United States of America
Does the upper term of the word "aggravation" apply to a defendant in a sexual assault case?
California, United States of America
How is causation determined in a motor vehicle accident?
Ontario, Canada
Can a police officer stop and detain a motorist for questioning under probable cause for arrest?
California, United States of America
What is the test for admitting identification evidence at a criminal trial?
California, United States of America
What is the standard for a facial challenge to the validity of a statute?
California, United States of America
What is the test for obtaining a search warrant for an inspection of a building?
California, United States of America
Does the phrase "in the commission of" apply to crimes involving felony murder and rape?
California, United States of America
How have courts dealt with a motion to dismiss?
MultiRegion, United States of America
Does a motion for class certification in a medical malpractice case succeed?
MultiRegion, United States of America
What is the test for determining whether a breach of fiduciary duty was a legal cause of damage to appellant?
California, United States of America
Does the existence of a contract prohibit a party from rescinding the consent of their adopted daughter from signing the contract?
California, United States of America
Is there any case law where a defendant piled snow up on either side of a walkway requiring a higher level of inspection?
Saskatchewan, Canada
What is the test for overturning a conviction for errors or irregularities at a preliminary hearing or grand jury proceeding?
California, United States of America
What is the burden of proving every element of the charged offense?
California, United States of America
Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner?
MultiRegion, United States of America
What is the test for a defendant's right to confront the prosecution?
California, United States of America
What is the evidentiary basis to support an award under the section 4(5) of the Rules of Civil Procedure for injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the test for admitting a child's statement that describes physical or sexual abuse?
California, United States of America
Does the term "goodwill" in the terms of a share and interest clause in a commercial partnership apply to the value of a partner's interest and goodwill in the business?
Ontario, Canada
How have courts interpreted the continuous conduct exception in determining whether a crime is continuous in nature?
California, United States of America
What duty does a judge have to consider and determine the reasonableness of a respondent's refusal of an applicant's offer of reinstatement?
Canada (Federal), Canada
How have courts treated the doctrine of "deference" in determining whether an arbitration award is enforceable?
MultiRegion, United States of America
What is the test for relative and qualifying words in a statute?
"New York", United States of America
What is the test for credibility of a witness in a civil case?
California, United States of America
Is a single incident sufficient to establish deliberate indifference?
MultiRegion, United States of America
What is the factual and procedural history related to the contentions raised by defendant?
California, United States of America
What is the definition of a "specifically included" crime?
California, United States of America
Does the limitation on bad faith actions apply?
California, United States of America
Is there a fair probability that evidence described in a search warrant will be found in the identified places?
California, United States of America
What is the state's role in a family law action?
MultiRegion, United States of America
Does a defendant have the right to appeal against his unlawful sentence?
California, United States of America
What is the test for a contract where the contract was absolute on its face?
Ontario, Canada
What is the case law on fire safety in a rooming house?
Ontario, Canada
In what circumstances will a defendant be charged with forgery and identity theft?
California, United States of America
What is the test for diligence in disclosing information about sexual abuse by family members?
MultiRegion, United States of America
What is the standard of appellate review of a motion to suppress evidence?
California, United States of America
Does a relationship between a brokerage house and a former client of the brokerage house constitute conversion?
British Columbia, Canada
What is the test for liability under the natural and probable consequences doctrine?
California, United States of America
What is the test for screening an amended complaint?
MultiRegion, United States of America
Can a person who is serving a felony sentence for a crime that was reduced to a misdemeanour under Proposition 47, under what circumstances can they appeal against their sentence?
California, United States of America
What is the effect of the City of Guernsey's (supposed negligent omission) failure to grant a permit for a permit to build on a property?
Alberta, Canada
What is the remedy in law for a sentencing error on counts 2 and 4 of a charge under section 654 of the Criminal Code Code?
California, United States of America
What is the current state of the law on disclosure for arbitrators?
California, United States of America
What is the test for an amended complaint in a civil case brought by a plaintiff who alleges that she was subjected to physical abuse by a defendant who is also alleged to have engaged in physical abuse?
MultiRegion, United States of America
Can a defendant exclude a statement made by the Defendant under the Miranda Rule?
California, United States of America
What is the judicial review of an order or decision by an administrative agency?
California, United States of America
Is the adjudicator’s assessment of credibility based on a flawed approach to assessing credibility?
British Columbia, Canada
If plaintiff files an amended complaint in this court despite the court's indication that it would likely be subject to dismissal, can the court refer to a prior pleading?
MultiRegion, United States of America
What is the test for asserting fifth amendment privilege in a civil case?
MultiRegion, United States of America
Is the consent of an individual who applies for public benefits entitled to privacy protection?
British Columbia, Canada
What is the evidentiary test for abuse of a defendant's right to present a defense?
California, United States of America
What is the current state of the law in the context of murder cases?
California, United States of America
Is Section 21956 of the California Vehicle Code sufficient to instruct police officers that pedestrians can legally walk in the roadway?
California, United States of America
Can an employee sue an independent claims administrator of a self-insured employer for failure to pay workers' compensation benefits?
California, United States of America
Is a request for attorney's fees denied?
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
What is the common law position on interference with economic relations?
Ontario, Canada
What are the least adjudicated elements of an assault with a deadly weapon?
California, United States of America
Can a personal representative assert the bar arising from failure to file or present a claim within the time prescribed by statute?
California, United States of America
Is there any case law where defense counsel objected to the prosecutor asking the jurors' questions?
California, United States of America
What is the test for determining whether a claimant has a disability?
MultiRegion, United States of America
How have courts dealt with claims of breach of warranty, negligent misrepresentation, false advertising and unjust enrichment claims?
MultiRegion, United States of America
What is the test for "abuse of discretion" in an evidentiary case?
California, United States of America
What is the test for the presumption of undue influence in real estate transactions?
British Columbia, Canada
Can a single act which violates two or more statutes amount to more than one offense?
California, United States of America
Is a defendant's sole defense at trial based on a diminished capacity claim?
California, United States of America
Is it irrelevant whether the principal knew or had reason to know its agent was tortiously acting tortiously?
California, United States of America
What is the test for excluding "prejudicial" evidence at trial?
California, United States of America
Is a sentencing judge required to strike a balance between general deterrence and individualized sentencing?
MultiRegion, United States of America
When a jury acquits defendant of the robbery charged in count II of the information, can he face a retrial for the same crime?
California, United States of America
What evidence supports the credibility of a witness's account of the events that led to a stabbing?
California, United States of America
In a Title VII discrimination case, how is the burden of presenting proof determined?
MultiRegion, United States of America
Does a substantial evidence review standard apply?
California, United States of America
What is the effect of a stay of an administrative driving ban on an appellant?
British Columbia, Canada
What is the statute governing out-of-state judgments?
California, United States of America
What is the test for dismissing a motion to dismiss a motion for summary dismissal?
California, United States of America
In what circumstances will a court order a father to pay child support for the cost of busing to a special school?
Ontario, Canada
What is the test for an inmate to bring a claim under the Eighth Amendment against cruel and unusual punishment?
MultiRegion, United States of America
What is the test for dismissing a strike in a criminal case?
California, United States of America
Is a plaintiff entitled to restitution for the full retail value of goods that were stolen from a department store?
California, United States of America
How have the courts dealt with the issue of a ballot measure that was challenged in a referendum on the same issue?
California, United States of America
What are the implications of a federal court's interpretation and application of the sentencing guidelines de novo?
MultiRegion, United States of America
Is the first order issued under section 38 of the BIA nullity?
British Columbia, Canada
Does Rule 8(a) require detailed factual allegations?
MultiRegion, United States of America
What is the range of damages for loss of housekeeping capacity in a personal injury action?
British Columbia, Canada
What is the legal test for introducing an "unavailable witness" at the preliminary hearing?
California, United States of America
What is the test for obtaining prior judicial authorization for a search and seizure?
Ontario, Canada
What is the test for a jury to convict a defendant by a preponderance rather than beyond a reasonable doubt?
California, United States of America
What is the effect of a search and seizure of electronic equipment on a minor?
California, United States of America
What is the test for a motion to dismiss a charge of sexual assault?
California, United States of America
Does a prosecutor's improper argument at trial need to be re-examined?
MultiRegion, United States of America
Does the Court have jurisdiction to order that a plaintiff be heard before the Court of Appeal?
MultiRegion, United States of America
Does a school have a duty to supervise or provide for the protection of pupils on their way home?
California, United States of America
What is the test for judicial bias under the due process clause?
California, United States of America
What constitutes a "frivolous" complaint?
MultiRegion, United States of America
Is intentional suppression of material evidence a denial of fair trial to a defendant?
California, United States of America
What is the test for denying a motion for a reduction in a sentence for abuse of discretion?
MultiRegion, United States of America
Can a juror be found guilty of failing to disclose to the jury that their brother was suffering from addiction?
MultiRegion, United States of America
Does a solicitor whose retainer is established in the particular proceedings have to bind his client by compromise of the proceedings?
Ontario, Canada
In what circumstances will the court allow the jury to retire to consider their verdict in a civil case?
California, United States of America
What is the effect of a long-term disability on a retroactive child support award?
Ontario, Canada
What is the proper legal test for a summary dismissal of an appeal under subsection 53(1) of the DESD Act?
Canada (Federal), Canada
What is the test for recovering back the deposit of a wager?
Ontario, Canada
Does the trial court abuse its discretion when it limited defense counsel's closing argument?
California, United States of America
What is the test for overturning a judgment in a personal injury case?
California, United States of America
Is there any case law where a member of the public has been allowed to enter the board room and substitute their judgment for that of the board?
California, United States of America
Does section 654, subdivision (a) of the California Criminal Code apply?
California, United States of America
What is the concept of misconduct in the context of an application for a mistrial and associated request that the trial continue without a jury?
British Columbia, Canada
What is the test for granting qualified immunity from liability for civil damages in a civil case brought by a police officer who searched a vehicle during a search?
MultiRegion, United States of America
What is the test for determining retroactive application of an amendment to the criminal statute?
California, United States of America
Is there a separate punishment for the robbery of a murder victim where the robbery was the sole basis for a felony-murder finding?
California, United States of America
Can a license to practice a profession be revoked because of a criminal conviction?
California, United States of America
How is a prisoner's claim under Section 1983 of the Medical Terminations Act treated under the Eight Amendment?
MultiRegion, United States of America
In what circumstances will a judge ask questions to a plaintiff's counsel in a civil case?
California, United States of America
What are the costs of a motion in a personal injury case?
Nova Scotia, Canada
Can an employer in its capacity as a sponsor (and not as plan administrator) obtain legal advice to amend a pension plan?
Ontario, Canada
What is the test for a cause of action against a tortfeasor?
Ontario, Canada
In what circumstances will a court grant a motion for a change of venue?
California, United States of America
What is the test for a federal court to order a writ of habeas corpus to set aside a state-court ruling?
MultiRegion, United States of America
What is the impact of neutrality and objectivity of expert testimony?
Ontario, Canada
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff?
MultiRegion, United States of America
What is the test for determining whether a person with learning disabilities in pretrial detention has been punished or punished?
California, United States of America
How have the courts in BC dealt with the cost of an offer to settle a claim for damages pursuant to Rule 9-1?
British Columbia, Canada
What is the test for reducing expert's fees?
British Columbia, Canada
What is the current state of the law on the issue of the voluntariness of a confession?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a defendant use force to defend himself against his victim's resort to lawful deadly force?
California, United States of America
What is the legal test for abuse of discovery?
California, United States of America
Does the general costs rule apply in estate litigation?
British Columbia, Canada
Does Section 654 of the California Code of Criminal Procedure preclude punishment for each sex crime committed during a continuous 45 to 60-to-60-minute attack?
California, United States of America
What is the test for " ordinarily resident" in the context of a claim under the Income Tax Act?
Canada (Federal), Canada
Is there a violation of the accused’s Charter right to be detained by the police?
Nova Scotia, Canada
What is the test for exclusion of evidence in a personal injury case?
California, United States of America
Have known of the harassment and/or the failure to act?
California, United States of America
How have we received responses from Appointed Counsel to our request for independent review pursuant to People v. Wende?
California, United States of America
Does Lucas need to have the prejudicial portion of his sentence reduced if he has served his sentence?
MultiRegion, United States of America
Can a court's frustration and irritation at counsel's repeated efforts to violate evidentiary rules be viewed as "friction between court and counsel"?
California, United States of America
When will a court review a challenge to the sufficiency of the evidence to support a verdict?
California, United States of America
What is the test for class action relief?
MultiRegion, United States of America
What are the factors and principles that govern in-trust awards for substitute carers?
British Columbia, Canada
What is the quantum of loss for non-pecuniary loss of earnings?
British Columbia, Canada
What is the test for blood alcohol concentration and is there any case law supporting this?
British Columbia, Canada
Would it have been permissible for a defense psychiatrist to question a defendant's motive under section 29 of the Mental Health Act?
California, United States of America
What are some cases that have been remanded for further development by the federal courts?
MultiRegion, United States of America
What is the legal set-off under what circumstances can a husband set off against his wife's debts?
Ontario, Canada
What is the current state of the law on aiding and abetting?
Manitoba, Canada
Can a defendant make a derivative due process assertion under section 352 of the California Code of Civil Procedure?
California, United States of America
Does a finding that plaintiffs have failed to state a cause of action constitute a de novo?
MultiRegion, United States of America
What is the test for a claim of ineffective assistance of counsel on appeal?
MultiRegion, United States of America
Can a general demurrer be determined only upon the facts supported by the amended complaint?
California, United States of America
What is the test for making claims of error for an appellant proceeding pro se?
MultiRegion, United States of America
What is the test for a motion for discovery of grand jury materials under the Speedy Trial Act?
MultiRegion, United States of America
What is the test for making a threat under section 422 of the California Criminal Code?
California, United States of America
What is the test for proving the voluntariness of a confession?
California, United States of America
Can a defendant who elects to represent himself in a personal injury case successfully argue that the quality of his own defense amounted to a denial of effective assistance of counsel?
California, United States of America
How have courts interpreted "shame excuses" in the context of discrimination cases?
California, United States of America
What is the test for a motion for ineffective assistance of counsel?
MultiRegion, United States of America
What is the defence of qualified privilege in the context of defamatory statements?
Ontario, Canada
What is the test for assessing a lawyer’s account in a personal injury case?
Nova Scotia, Canada
How have the courts balancing prejudice against probative value for abuse of discretion?
MultiRegion, United States of America
Is a criminal defendant entitled to discovery of certain information in the personnel records of a police officer accused of misconduct?
California, United States of America
Does a testamentary capacity exist?
Alberta, Canada
In what circumstances will a passenger not be convicted of possession of a prohibited substance?
MultiRegion, United States of America
What is the test for a de novo decision to grant or deny a petition for habeas corpus?
MultiRegion, United States of America
What is the test to apply on judicial review of an Adjudicator's decision?
British Columbia, Canada
What is the appropriate sentence for a gang member convicted of conspiracy to commit murder against seven other defendants?
California, United States of America
When will bondholders get tickets to Sino-Forest?
Ontario, Canada
What is the effect of Timminco on a common law claim?
Ontario, Canada
What is the test for but for and what is the effect of the but for test?
Ontario, Canada
Is a defendant entitled to a claim for punitive damages even if he has received a sentence for one of the assaults?
British Columbia, Canada
