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 cause under the cause standard in a civil case?
MultiRegion, United States of America
What is the standard of review of a judge's findings of fact?
British Columbia, Canada
What is the difference between a pleading under section 422 of the California Penal Code and the pleading under the Terrorism Act?
California, United States of America
Does a claimant have a right to appeal an award made against them?
"New York", United States of America
What is the test for an evidentiary challenge to a finding that hearsay evidence is hearsay?
California, United States of America
When will the Court of Appeal review the findings of the District Court?
MultiRegion, United States of America
What was the purpose of a general warrant in the context of a search and seizure?
MultiRegion, United States of America
Does "transactional immunity" guarantee against prosecution for the implicated crime even if a witness's statements are used as evidence?
California, United States of America
In what circumstances have courts found that signage at the ticket sales area contained the terms of a waiver?
Alberta, Canada
Does a probation condition prohibiting the possession and consumption of alcohol need to be interpreted as requiring the probationer to have taken the action knowingly?
California, United States of America
Is a failure to meet the filing deadline a fatal failure to demonstrate an actual injury?
MultiRegion, United States of America
Can a jury impeach a defendant for selling heroin?
California, United States of America
Can a husband and wife negotiate a divorce settlement based on the value of their assets?
Ontario, Canada
What is the test for a motion for a continuance in a criminal case?
California, United States of America
Can an insurer pursue a defence of fraud against an insurer alleging that a theft was arranged by the owner to avoid vehicle repair costs?
Ontario, Canada
What is the test for essential and indispensable steps in the process of imposing or levying a tax?
Ontario, Canada
Does a court have to obtain copies of the judgments of conviction when determining whether a defendant must be sentenced to the mandatory minimum under section 924(e) of the Criminal Code?
MultiRegion, United States of America
Is there any case law where a defendant waives his Miranda right?
MultiRegion, United States of America
What is the test for determining whether an instruction is erroneous?
California, United States of America
Does appellant necessarily have a gun in his jacket when he shot and wounded two police officers?
California, United States of America
What is the expertise factor in determining a standard of review?
Alberta, Canada
Does section 654 of the Criminal Code bar multiple punishment for the crime of possession of a silencer and maintaining a place for selling a controlled substance?
California, United States of America
Can a defendant withdraw his no contest plea and enter a plea of not guilty?
California, United States of America
Is federal law pre-empted by state law?
MultiRegion, United States of America
What is the range of "unsubstantively unreasonable" prison sentences that a judge may order?
MultiRegion, United States of America
How have the courts treated attorney's fees in a remedial proceeding?
MultiRegion, United States of America
How have courts dealt with the issue of ambiguous hand gestures at trial?
California, United States of America
Does a motion to dismiss a motion alleging double jeopardy in relation to RICO proceedings have to be heard before a jury?
MultiRegion, United States of America
What is the test for obtaining a warrant to draw a blood sample from a driver who is lawfully arrested for driving under the influence of alcohol?
California, United States of America
What is the burden of proving misconduct against a prosecutor?
California, United States of America
What is the quantum of non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
What is the test for "reasonable expectations" in the law of contracts?
California, United States of America
What is the procedure to evaluate the standard of review?
Canada (Federal), Canada
What is the test for a party to be considered "aggrieved" in a personal injury action?
California, United States of America
When will a retroactive child support order be made against the payor spouse?
British Columbia, Canada
What is the purpose of the purpose test?
Ontario, Canada
What is the test for establishing an actual-injury requirement in a motor vehicle accident?
California, United States of America
Can the defence of justification succeed in relation to the use of the term "Ponzi scheme"?
British Columbia, Canada
What is the current state of the law on "sideswitching" in civil litigation?
MultiRegion, United States of America
Can an injunction be issued to prevent future publication of material which has been published without a trial?
British Columbia, Canada
What is the test for admitting evidence of misconduct in a criminal case?
California, United States of America
What is the test for civil rights legislation in the context of civil liberties?
MultiRegion, United States of America
What is the test for a child's right to be returned to her habitual residence of Dubai?
Ontario, Canada
Can a defendant argue on appeal that counsel's inaction at trial violated his constitutional right to effective assistance of counsel?
California, United States of America
What is the test for determining whether there is a genuine issue for trial?
Alberta, Canada
How has the court upheld a finding of reasonable suspicion in a case where police stopped a vehicle allegedly being used for smuggling illegal aliens?
MultiRegion, United States of America
What is the current state of the law on prohibited electronic devices?
California, United States of America
Does a search warrant that resulted in the seizure of illegal drugs with intent to pervert the course of justice?
MultiRegion, United States of America
What is the test for revoking a parolee's parole?
"New York", United States of America
What is the basis for a claim that someone stole clothes from a storage facility?
British Columbia, Canada
What is implied malice in second degree murder cases?
MultiRegion, United States of America
In a personal injury case, is it appropriate to ask for an exhaustive chronology or exhaustive list of facts in an interrogatory?
British Columbia, Canada
What is the test for appeal against a discretionary order?
British Columbia, Canada
Can causation be established where the actions of a defendant materially contributed to the occurrence of damage or injury?
British Columbia, Canada
What is the procedure for dealing with jury matters while the trial judge is away on vacation?
California, United States of America
When will a defendant waive his right to be represented by counsel in superior court?
California, United States of America
What is the test for making an objection to prosecutorial misconduct?
California, United States of America
What is the test for determining whether a party has a burden of burden on moving parties?
California, United States of America
What is the test for a different type of disability determination?
MultiRegion, United States of America
Can the defence of fraud be struck in an action for fraud?
British Columbia, Canada
What is the test for determining whether a reasonable doubt has been found in an assault case?
MultiRegion, United States of America
What is the test for an independent actionable wrong?
Canada (Federal), Canada
How have courts treated improper comments made by a prosecutor about defense counsel?
California, United States of America
Does a valid paternity judgment bar the use of blood test evidence in a subsequent proceeding to overturn a paternity judgment?
California, United States of America
What is the test for proving the existence of a criminal street gang?
California, United States of America
Does a plaintiff have any claim of error as to the disposition of her claims for breach of contract and gross negligence?
California, United States of America
Can a defendant be ordered to pay restitution to the victim of a hit-and-run collision when he is convicted of fleeing the scene?
California, United States of America
How has the court stayed sentences for being an accessory to a felony and third assault pursuant to section 654.4 of the Arizona Penal Code?
California, United States of America
What is the test for a second state habeas petition?
MultiRegion, United States of America
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants?
MultiRegion, United States of America
In what circumstances will a plaintiff be liable for the consequential damages he claims he suffered as a result of the rise in the price of oil during World War II?
Manitoba, Canada
Does Section 190.3 of the California Code of Civil Procedure apply to a defendant in a death penalty case?
California, United States of America
Is the Bank of California liable for failing to disclose material information to the objectors attorney?
California, United States of America
What is the test for reasonable expectation of privacy under s. 8 of the Charter?
Alberta, Canada
How have we interpreted substantive due process under the Fourth Amendment?
MultiRegion, United States of America
What is the effect of the prosecutor's misconduct in determining that appellant was not suffering from diminished capacity at the time of the murder?
California, United States of America
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion?
MultiRegion, United States of America
Can a witness be compelled to testify at an extradition hearing?
Ontario, Canada
What is the test for establishing that a novation has been consummated?
California, United States of America
What is the test for a restraining order against an unfaithful spouse?
California, United States of America
What is the test for establishing that a conflict of interest adversely affected counsel's performance at trial?
MultiRegion, United States of America
What is the test for overturning a conviction for sexual assault on the grounds of insufficient or insufficient evidence?
California, United States of America
What is the fiduciary obligation of an individual to perform certain services in order to be considered fiduciaries?
British Columbia, Canada
If a complaint fails to state a plausible claim, does a judge have the authority to amend the pleading?
MultiRegion, United States of America
What is the test for overturning a child and spousal support award?
Manitoba, Canada
What is a salesperson's right to a commission?
MultiRegion, United States of America
Does a police officer's deception about physical evidence render a confession involuntary?
California, United States of America
Does a criminal forfeiture imposed upon him violate the Sixth Amendment?
MultiRegion, United States of America
Can police seize data from a computer disk without obtaining a second search warrant?
"New York", United States of America
How have the courts treated statements he made after his arrest in a sexual assault case?
California, United States of America
Can an aider and abettor be held responsible for a crime committed by his confederate?
California, United States of America
Can a search warrant be issued for the sole purpose of securing evidence against a defendant?
California, United States of America
What is the test for merger in real estate law?
Prince Edward Island, Canada
Does Section 778a of the California Criminal Code apply to a medical malpractice case?
California, United States of America
What is the test for admitting hearsay evidence?
Ontario, Canada
Can a defendant withdraw his guilty plea under section 1018 of the Criminal Code?
California, United States of America
Is a defendant entitled to be convicted of an uncharged lesser related crime, such as assault and robbery, where he might just as well have filed only the robbery allegation?
California, United States of America
Is a lawyer who failed to adequately represent his client entitled to a three-month suspension?
Ontario, Canada
Is a plea of guilty sufficient to overturn a conviction of sexual assault?
California, United States of America
How do we review questions of law and law in a personal injury case?
California, United States of America
Can a pauper hire himself for a year at £5 wages?
Saskatchewan, Canada
Is there any case law where a defendant has been found guilty under section 352.2(1) of the California Civil Code of Civil Procedure for a prior assault?
California, United States of America
What is the test for a search and seizure motion?
California, United States of America
Is a plaintiff entitled to general damages for loss of earning capacity?
British Columbia, Canada
When will a court review a prior strike decision?
California, United States of America
What is the test for excluding a civil complaint?
California, United States of America
Does the Federal Bureau of Investigation (BII) have any authority to interpret Section 16(a) of the New York State Criminal Code?
MultiRegion, United States of America
Does a waiver of counsel constitute a relinquishment of the right to effective assistance of counsel?
California, United States of America
What is the test for eligibility for disability benefits under section 423(d)(1)(A) of the Health and Social Security Act?
MultiRegion, United States of America
In what circumstances will a court order access to a child who has been diagnosed with COVID-19?
Ontario, Canada
Is there any case law where evidence of motive is not sufficient to convict a defendant of murder?
California, United States of America
Can a writ of mandate be issued to vacate an order preventing a plaintiff from suing her insurance company while a third party action is pending?
California, United States of America
In what circumstances have the police stopped and questioned a group of teenage boys?
"New York", United States of America
Can a skin galvanometer be used in medical malpractice cases?
MultiRegion, United States of America
How have the courts interpreted comments made by a prosecutor to a jury in a civil case?
California, United States of America
Does a finding that evidence obtained pursuant to an arrest under an unconstitutional statute necessarily require that such evidence be suppressed?
"New York", United States of America
Can a minor testify in a sexual assault case?
California, United States of America
What is the test for applying section 473 of the Code of Civil Procedure?
California, United States of America
What is the difference between admitting an employee's disability meets the rehabilitation and pension standard?
California, United States of America
What is the test for obtaining a transcript of a criminal trial for an indigent criminal defendant?
California, United States of America
Is an easement by way of necessity sufficient to prevent a tenant from using the right-of-way?
California, United States of America
What is sufficient evidence to overturn a jury's verdict in a sexual assault case?
California, United States of America
What is the test under section 51 of the Child Protection Act?
Ontario, Canada
What is the effect of the actions of the parties in a personal injury case?
British Columbia, Canada
How have courts interpreted "prejudicial" or "damaging" statements in the context of damages claims?
California, United States of America
Is an expert required to establish a failure to obtain informed consent?
California, United States of America
What is the test for determining fees and disbursements under s.71 of the Legal Profession Act?
British Columbia, Canada
What is the legal effect of an unlawful arrest or detention?
California, United States of America
What is the statutory ground for a motion to set aside an indictment?
California, United States of America
What are the findings of the California Superior Court of Appeal on behalf of appellant's attorney?
California, United States of America
What is the test for establishing that a confession was voluntary and not coerced?
California, United States of America
What is the test for an amendment to conform to proof?
California, United States of America
What is the common law right of a policeman to enter a home?
Canada (Federal), Canada
What is the burden of proving that a document is privileged?
MultiRegion, United States of America
What is the legal test for an offer in a personal injury claim?
British Columbia, Canada
How has the court treated a claimant’s past income loss damage award for the past year?
British Columbia, Canada
What is the test for waiving a defendant's individual rights?
"New York", United States of America
What constitutes cruelty in the context of domestic violence?
New Brunswick, Canada
Does the California Workers Compensation Board have the authority to determine and allow a lien against a Workers Compensation award for living expenses?
California, United States of America
Can a motion to amend for failure to comply with the local rule be denied?
MultiRegion, United States of America
What is the effect of registry law on a plaintiff's claim?
Ontario, Canada
What is the impact of striking pleadings?
Ontario, Canada
What is the test for a defendant to successfully challenge the value of a victim's property at a restitution hearing?
California, United States of America
What is the test for double punishment under section 654 of the Penal Code?
California, United States of America
What circumstances are sufficient to overcome the general presumption of correctness usually afforded to a trial court's order?
California, United States of America
What is a prisoner's right to access the courts?
MultiRegion, United States of America
How has the evidentiary standard been interpreted in the context of sexual assault cases?
California, United States of America
What is the test for determining residency in Canada?
Canada (Federal), Canada
What is the test for allowing a defendant to present a defense?
California, United States of America
What is the test for quashing a resolution?
British Columbia, Canada
What is the test for impeaching a defendant's credibility in a criminal case?
California, United States of America
What is the test for an unqualified guilty plea in a capital murder case?
California, United States of America
What is the test for an action for abuse of process?
MultiRegion, United States of America
What is the purpose of a Mareva injunction?
Ontario, Canada
Does a penalty assessment have an obligation to be imposed on an inmate who has pleaded guilty to a charge of assault?
California, United States of America
What is the test for a motion to dismiss a motion alleging that a particular circumstance does not constitute a permissible basis for departure?
MultiRegion, United States of America
Does improper comments by a prosecutor affect a jury's verdict?
MultiRegion, United States of America
What is the test for maximum contact between a parent and her child?
Ontario, Canada
In what circumstances will a medical malpractice officer be able to determine which pain testimony is not credible?
MultiRegion, United States of America
What is the test for an evidentiary hearing on a habeas petition?
California, United States of America
Does the court err in not instructing the jury sua sponte on attempted grand theft?
California, United States of America
What is a plaintiff's right to petition the government for redress of grievances?
California, United States of America
What is the test for determining whether a party has been found indigency under Section 1915 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
When will the trial court allow the defense to address the issue of aiding and abetting?
California, United States of America
Is there a limitation period for an employee to make a separate, separate claim for damages arising out of a motor vehicle accident?
Alberta, Canada
What is the proper procedure for withdrawing a guilty plea after the entry of judgment?
California, United States of America
What is the test for determining whether a driver has a yellow light?
British Columbia, Canada
What is the test for substantial evidence in criminal cases?
California, United States of America
What is the standard of care of a physician in a private practice?
British Columbia, Canada
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence?
California, United States of America
What are the factors used to determine the severity of a professional misconduct penalty in a sexual assault case?
British Columbia, Canada
What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive?
Ontario, Canada
What is the test for appeal from a denial of a Rule 60(b) motion?
MultiRegion, United States of America
Does a defendant have jurisdiction to bring an action before the courts of this state?
"New York", United States of America
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement?
British Columbia, Canada
Is there any case law where the appellant waived claims of error as to all of his causes of action except declaratory relief?
California, United States of America
What is the ultimate test of possession of a prohibited substance?
California, United States of America
Does attorney work-product privilege apply to the litigation for which the documents were prepared?
"New York", United States of America
Does the term "record of arrest or detention" refer to a specific category of information maintained by law enforcement agencies?
California, United States of America
What is the test for remand for a defendant who has been convicted of assault with intent to murder and possession of a firearm enhancement?
California, United States of America
Can a defendant waive his right to dismissal for forum non conveniens by availing the procedural devices and protections of his home jurisdiction?
California, United States of America
What is the test for an independent review of the record in the case of a plaintiff in a civil matter?
California, United States of America
What is the ICBC's argument that a plaintiff is not entitled to underinsured coverage under section 148.2(1) of the Insurance legislation?
British Columbia, Canada
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions?
California, United States of America
What is the test for a plaintiff to recover damages from a motor vehicle accident?
British Columbia, Canada
What is the test for making a "prima facie" showing that jurors were being excluded on the basis of racial or group identity?
California, United States of America
What is the "plain error" standard for appellate review of a defendant's application for a reduced sentence?
MultiRegion, United States of America
What is the reasonableness of a federal court's sentencing determination under a "deferential abuse of discretion" standard?
MultiRegion, United States of America
Is the Respondent's failure to provide a full and complete financial disclosure to the Applicant in an uncontested trial?
Ontario, Canada
Does plaintiff have adequately alleged that denial of medical treatment may result in imminent danger of serious physical injury?
MultiRegion, United States of America
Does a motion to withdraw a guilty plea need to include a separate proceeding that occurs after the guilty plea?
California, United States of America
Does a purchaser of all capital stock of a private corporation become the legal owner of the private corporation?
"New York", United States of America
What is the effect of a will that vested in the estate of the deceased's deceased father when he dies?
Saskatchewan, Canada
Does the Attorney General have any grounds to challenge a medical marijuana application?
California, United States of America
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney?
California, United States of America
What is the impact of naming individual members of a criminal gang as defendants in a preliminary injunction?
California, United States of America
Can ICBC argue that s. 91 of the Insurance Code of Canada Act, s.91(1) of the Code of Civil Procedure, or s.92 of the Act, be interpreted in the context of statutory interpretation?
British Columbia, Canada
Can a client waive privilege over the legal advice given to them by their lawyer regarding a real estate transaction?
Alberta, Canada
Does Roquemore have an exception to the hearsay rule?
California, United States of America
Can a judge exercise his independent judgment in making a decision in an administrative review?
California, United States of America
