Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for an employer to be found guilty of a violation of an employee's rights?
California, United States of America
In what circumstances will the prosecutor obtain a copy of a defense document from a defendant's cell?
California, United States of America
When a lessor wins an unlawful detainer action, does the court also have to determine the amount of rent owed to the lessor?
California, United States of America
What is the test for a motorist who fails to properly signal a left turn?
California, United States of America
What is the current state of the law on disclosure of oral statements?
MultiRegion, United States of America
What is the current state of the law in relation to Miranda warnings?
California, United States of America
What is the test for abuse of discretion in polygraph evidence?
California, United States of America
Can a defendant argue that awareness of pain was not an element of the torture-murder special circumstance?
California, United States of America
Is a finding that a defendant is ineligible for probation equivalent to an increase in penalty?
California, United States of America
What is the test for ineffective counsel in a personal injury action?
California, United States of America
Can a court extend the deadline for an opt-out form?
British Columbia, Canada
What is the test for uniqueness in a home?
Ontario, Canada
What is the test for determining which accident benefit insurer is responsible for payment of fibromyalgia benefits?
Ontario, Canada
Does a defendant have to be held responsible for damage caused to a plaintiff's horse by his or her mare?
Saskatchewan, Canada
Does the Larosa air of reality test apply in a non-Charter context?
British Columbia, Canada
What is the test for a reversal and retrial in a personal injury case?
California, United States of America
What is the test for determining whether a plaintiff has been successful in her claim for wrongful dismissal?
Alberta, Canada
Does a federal court have jurisdiction to review a parole denial?
MultiRegion, United States of America
When a jury cannot reach a verdict, can the court order additional deliberations?
California, United States of America
What is the appellant's burden to provide the record at the trial?
California, United States of America
What is the test for evidence of flight after the crime has been committed?
California, United States of America
What is the legal test for instructing a jury on voluntary manslaughter in a homicide case?
California, United States of America
Is a plaintiff entitled to an additional attorney fee in a personal injury action?
California, United States of America
Can plaintiff bring an action to amend or amend the Complaint?
MultiRegion, United States of America
What is the test for a motion to compel production of accident investigation reports?
California, United States of America
What is the test for absolute or qualified immunity for executing a search warrant signed by a magistrate?
MultiRegion, United States of America
What is the test for knowing of the intent to commit murder?
California, United States of America
What is the role of a trial court in granting a motion for a new trial?
California, United States of America
What is the effect of a finding of not guilty in a personal injury appeal?
Saskatchewan, Canada
What is the test for an undertaking under Rule 30 of the Rules of Civil Procedure?
Ontario, Canada
What is the test for an unequal division of net family property based on unconscionability?
Ontario, Canada
How have courts in other jurisdictions considered the issue of the selection of the foreman of a jury?
California, United States of America
Can a jury consider the circumstances of intoxication when deciding whether a defendant exhibited gross negligence when committing the manslaughter?
California, United States of America
What is the limitation period for a plaintiff to bring a claim against a defendant who has retired from the claim?
Canada (Federal), Canada
Can an authorized independent action in superior court be brought in the name of the child or by a parent?
California, United States of America
What is the effect of requiring a plaintiff to produce full disclosure of his medical records?
British Columbia, Canada
What is the standard of review in the context of a criminal case involving direct evidence against a defendant?
California, United States of America
What is the legal test for certainty in a civil or criminal statute?
California, United States of America
What is the penalty for failing to prove each of the grounds in a termination letter?
Canada (Federal), Canada
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
What is the test for establishing that a claim was not discovered by accident until after the date of death?
Ontario, Canada
What is the test for establishing that Hashemi established a probability that he will prevail?
California, United States of America
What is the burden upon one seeking review of a recommendation of a disciplinary board?
California, United States of America
In what circumstances will a court award damages for lost earning capacity?
British Columbia, Canada
What is the test for a buyer’s right to claim an unauthorised shipment of goods from a vendor to purchaser?
Ontario, Canada
What material was before Mr Punnett at the time he granted the interim order dated May 6, 2011?
British Columbia, Canada
Is a court required to grant leave to amend a pleading if the pleading lacks merit entirely?
MultiRegion, United States of America
Is a defendant who fails to raise a timely objection to the finding that appellant should not testify before a jury forfeits the claim?
California, United States of America
What is the effect of reciting a pre-admonition recitation of a defendant's Miranda rights?
California, United States of America
Is there a lapse of time between the events leading up to the crime and the police interview proper to be considered a spontaneous statement?
California, United States of America
Can a police officer enter a house without waiting for a reply?
MultiRegion, United States of America
Is a criminal record of moral turpitude in a criminal case admissible to impeach a witness?
California, United States of America
Is evidence of a similar crime admissible if relevant to prove the material fact at issue?
California, United States of America
Does the common benefit doctrine apply to attorney fees?
MultiRegion, United States of America
What is the test for anticipatory breach in a commercial contract?
Alberta, Canada
Does a plaintiff have an obligation to mitigate damages against another party?
British Columbia, Canada
What is the test for a prison official violating the Eighth Amendment?
MultiRegion, United States of America
What is the burden of proving that an hourly rate is unreasonable on its face?
California, United States of America
Does the anti-SLAPP provisions of the California Anti-Pornography Act apply to a defendant in an ordinary private dispute?
California, United States of America
How long does an employer have left open an offer for severance?
Alberta, Canada
What are some aspects of the prosecutor's closing argument in a criminal case?
California, United States of America
What is a factor in determining the outcome of a civil case?
British Columbia, Canada
What is the test for making an order under the Divorce Act?
British Columbia, Canada
What is the test for a claim-of-right defense?
California, United States of America
What is the test for proof of past work with a school district?
British Columbia, Canada
How is the substantial evidence standard applied in a civil case?
California, United States of America
In a motion to dismiss for failure to state a claim, in what circumstances will the court consider an insurance policy attached to the complaint?
MultiRegion, United States of America
Is inconsistency with the medical record a valid reason for rejecting a treating physician's opinion?
MultiRegion, United States of America
How has the court treated restitution as a condition of probation in a hit-and-run case?
California, United States of America
Can a forfeiture be insisted upon in a civil case?
MultiRegion, United States of America
Does a bus driver have a right to sue the bus operator for damages for failing to stop for pedestrians?
British Columbia, Canada
Does a court have jurisdiction to prosecute the same defendant in the same case?
MultiRegion, United States of America
Is a plaintiff barred from pursuing a tort claim for the same injury as a worker's compensation claim?
California, United States of America
Is there a weakness in the evidence of a nurse who did not relate the onset of symptoms in her foot to the sensation she felt while repositioning a patient?
British Columbia, Canada
Does a single instruction to a jury need to be considered in the context of the overall charge?
MultiRegion, United States of America
What defects exist in the instruction that possession of stolen property tends to prove robbery rather than grand theft?
California, United States of America
Can a jury be instructed on the consequences of failing to reach a unanimous verdict in the second degree?
California, United States of America
Is a claimant entitled to an income replacement benefit from the date that it received the applicant’s election of a non-earner benefit?
Ontario, Canada
What is the test for establishing the factual basis for a no contest plea?
California, United States of America
Is a defendant who waives any or all Penal Code section 654 violations by failing to object below?
California, United States of America
What is the effect of the action of a local administrative committee on the testimony of a witness before a disciplinary board or this court?
California, United States of America
What is the test for Charter damages?
Manitoba, Canada
Is it appropriate for the court to examine a document in the context of privilege claims?
British Columbia, Canada
What are the deadlines for submitting submissions in writing and responding to a motion for personal injury costs?
Ontario, Canada
Can an attorney assert privilege based upon their representation of prostitutes who testified before the Grand Jury?
"New York", United States of America
What is the current state of the law in this case?
MultiRegion, United States of America
Does a defendant have to prove he was in a state of intoxication to be found guilty of a charge of larceny?
California, United States of America
Is a defendant entitled to a jury instruction that outlines his defense theory?
California, United States of America
What is the test for timely filing of a claim for damages against a local authority?
California, United States of America
What are the factors relevant to whether hearsay statements by a child witness in a child sexual abuse case are reliable and bear indicia of reliability?
California, United States of America
What is the test for establishing that there is evidence of a conspiracy?
California, United States of America
Does the Ybarra Rule apply to a discharge injunction where the underlying claim is prepetition?
federal, United States of America
What is the effect of a motion to proceed in forma pauperis?
MultiRegion, United States of America
Can a defendant be found guilty of an attempted criminal threat?
California, United States of America
What is the test for securing an indefinite support award?
Newfoundland and Labrador, Canada
What is the test for awarding attorney fees to a party who has recovered or preserved a monetary fund for the benefit of others?
California, United States of America
How have courts treated "good faith" claims in the context of a claim that was asserted in good faith?
California, United States of America
What is the corpus delicti rule in law and what is the effect of extrajudicial statements?
California, United States of America
What is the test for a search that violates the Fourth Amendment?
California, United States of America
Does the statute of limitations retroactively apply to accrued causes of action?
MultiRegion, United States of America
Does a jury need to be instructed that an accomplice's testimony regarding the circumstances of a crime of previous crime must be viewed with caution?
California, United States of America
What are the elements of a plaintiff's claim for noneconomic damages?
California, United States of America
What is the test for a murder conviction?
California, United States of America
Does child maintenance have any bearing in the division of family assets?
British Columbia, Canada
What is the test for ineffective counsel in a motion for a new trial?
California, United States of America
What is the "force" requirement of section 288, subdivision (b)(1) of the California Criminal Code?
California, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the test for a defendant's credibility to be impeached if they have been convicted of a similar or similar crime in the past?
California, United States of America
Does a stipulation stating that a litigant must consent to the stipulation stated in open court constitute consent?
California, United States of America
Is a finding by a judge that appellant violated a protective order four times supported on appeal?
California, United States of America
In what circumstances can an application to amend a life insurance policy be successful?
Alberta, Canada
Can a defendant challenge his sentence on appeal?
California, United States of America
In a personal injury case, what documents were presented in evidence at trial?
California, United States of America
Can an action be maintained to recover damages arising from a failure to comply with the Safety Appliance Act?
"New York", United States of America
Can a defendant appeal against his arson conviction for setting fire to vegetation that was not within the definition of forest land?
California, United States of America
What is the test for making a payment to an officer who has a valid warrant for the collection of an assessment?
"New York", United States of America
What is the test for HIV/Aids?
California, United States of America
What factors are relevant to the definition of duress in a sexual assault case?
California, United States of America
Is it irrelevant whether the alleged failure to warn was deliberate or a mere oversight?
MultiRegion, United States of America
What is the standard of proof for a motion for expert certification?
British Columbia, Canada
What are the elements of a "special relationship" agreement?
Ontario, Canada
What is the reasonable notice of an employee on termination without cause?
British Columbia, Canada
What is the role of the federal courts to set aside decisions of school administrators?
MultiRegion, United States of America
Does access to equipment capable of producing a kilogram of cocaine support the jury's verdict that it was reasonably foreseeable that the conspiracy involved 500 grams or more of cocaine?
MultiRegion, United States of America
Does a defendant's failure to request a clarification instruction forfeits that claim on appeal?
California, United States of America
What is the standard of review on factual findings of an administrative tribunal?
Alberta, Canada
What is the test for dismissing a petition for habeas corpus based on a failure to exhaust state-court remedies?
MultiRegion, United States of America
What is the current state of the law on the definition of vagueness?
Ontario, Canada
Can a plaintiff claim attorney's fees in a cross-complaint against the Lease?
California, United States of America
What is the test for pursuing a claim in a derivative action?
Ontario, Canada
What is the effect of counsel not presenting the defense of diminished mental capacity at trial?
MultiRegion, United States of America
What is the test for a person challenging a law’s constitutionality?
Canada (Federal), Canada
What is the test for using judicial review?
British Columbia, Canada
Is a motion to dismiss for failure to state a claim proper?
MultiRegion, United States of America
What is the test for proof of the inadequacy or ineffectiveness of the law in the context of a claim that the law is not fit for purpose?
California, United States of America
Is peremptory challenge an important part of trial by jury procedures?
MultiRegion, United States of America
What is the scope of the Sixth Amendment right to counsel in a criminal trial?
MultiRegion, United States of America
Does the exclusionary rule apply in the context of searches conducted in "reasonable reliance on binding precedent"?
California, United States of America
In a personal injury action, how have the principles of bad faith been applied to a finding in favour of punitive damages?
California, United States of America
What is the test for pleading material facts in a personal injury action?
Ontario, Canada
What is the standard of review applied to a sexual assault claim?
California, United States of America
Is advising the police that they have probable cause to arrest an advocacy function during the investigative stage of the child abuse investigation protected by absolute immunity?
MultiRegion, United States of America
How to instruct the jury that whenever a court states that the People must prove it beyond a reasonable doubt?
California, United States of America
Can an attorney prepare pleadings in advance of a claim of tortious interference with a contract?
"New York", United States of America
What is the test for a successful party to recover costs in a personal injury case?
Nova Scotia, Canada
What is the test for determining whether a city can impose a penalty for overstaying parking meters?
MultiRegion, United States of America
What is the test for determining the jurisdiction of an assessment in a divorce proceeding?
Manitoba, Canada
Can Suburban be held liable for a motor vehicle accident?
California, United States of America
Can a jury infer that a witness who refused to testify after a grant of immunity from prosecution is a member of a criminal gang who was subsequently granted immunity?
California, United States of America
Is a person who enters a building with the intent of committing burglary guilty of burglary?
California, United States of America
Is a defendant liable for manslaughter if he proximately causes another person's death through his actions as an intermediary?
California, United States of America
Does the waiver doctrine apply to a motion under section 654 of the Criminal Code?
California, United States of America
What is the effect of section 12022.1, subdivision (b) of the California Criminal Code Code when a defendant is arrested for a secondary offence that was alleged to have been committed while he was out of custody on a primary charge?
California, United States of America
Can a court correct its own clerical mistake by issuing an order correcting findings after the filing of an appeal?
California, United States of America
Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so?
British Columbia, Canada
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment?
MultiRegion, United States of America
What is the test for a defendant to justify a act of self-defense?
California, United States of America
What is the test for grossly disproportionate sentences in the context of section 12 of the Charter?
Ontario, Canada
What is the test for making a list of names on a voter’s list based on an unentitled assessment?
Saskatchewan, Canada
What is the test for an error in jury instruction in a civil case?
MultiRegion, United States of America
What is the test for instructing the jury on the general principles of law governing the case?
California, United States of America
What is the test for reviewing the record in a civil case?
California, United States of America
What is the test for admitting evidence that does not directly establish an element of the charge?
MultiRegion, United States of America
What defines reasonable doubt for abuse of mental health care?
MultiRegion, United States of America
What is the test for establishing discovery in a civil case?
California, United States of America
Can a turnstile post from a crime scene be used to prove the identity of the killer?
California, United States of America
What is the test for adequacy of aiding and abetting instruction?
California, United States of America
What is the proper remedy to dismiss a claim without prejudice?
MultiRegion, United States of America
What is the current state of the law on cross-interference by counsel during an examination?
Canada (Federal), Canada
What is the presumption that a party is entitled to a third party’s trust?
Newfoundland and Labrador, Canada
What is the definition and description of a criminal offence under section 11106 of the New York State Code of Civil Procedure?
California, United States of America
What is the duty of care of a lawyer to be truthful and honest in making a representation during pre-contractual negotiations?
Ontario, Canada
Does a judge have to specify the grounds upon which the ruling is sustained?
California, United States of America
What is the effect of the Court of Appeal's decision not to interfere with the democratic government of the strata community?
British Columbia, Canada
What is the test for SLAPP in the anti-SLAPP context?
California, United States of America
What is the test for establishing a "principal test" in a civil case?
California, United States of America
What are the purposes of the Court of Appeal's decision-making process in the context of civil liberties issues?
California, United States of America
Can a defendant argue that remarks he made to a detective before invoking his right to counsel are inadmissible?
California, United States of America
What is the test for determining whether substantial evidence supports a factual finding?
California, United States of America
What are the legal tests for res judicata?
British Columbia, Canada
What constitutes prosecutorial misconduct under the Fourteenth Amendment?
California, United States of America
Is Canada's human rights legislation constitutional or statutory?
British Columbia, Canada
Does the Crown have a property right to manage deer in the Barrier Valley Area?
Saskatchewan, Canada
What is the test for a jury to convict each of the accused in a sexual assault case?
California, United States of America
What is the test for dismissing a juror?
California, United States of America
What is the test for overturning a conviction for robbery/burglary where the prosecution relied heavily on circumstantial evidence?
California, United States of America
Can a defendant plead guilty to a criminal charge in a subsequent civil action?
California, United States of America
What is the test for a motion for a new trial in a sexual assault case?
California, United States of America
What is the relationship between two adults, one disabled, and one helping the disabled adult?
British Columbia, Canada
What is the test for an individual who alleges that they have been denied access to the courts by the courts?
MultiRegion, United States of America
What is the legal test for an improvident sale?
British Columbia, Canada
Is a federal judge a "civil officer" under the Civil Rights Act?
MultiRegion, United States of America
Does the voir dire of prospective jurors as to their views of the death penalty need to be sequestration?
California, United States of America
What is the appropriate penalty for contempt in a contempt proceeding?
Ontario, Canada
In what circumstances will a dependent have to continue to be financially supported by her partner?
Ontario, Canada
How have courts interpreted the doctrine of avoidable consequences and the duty of mitigation damages?
California, United States of America
Does a statement of account need to start again?
"New York", United States of America
Can a writ of mandamus compel the Attorney General to file an enforcement action under the Admission Act?
MultiRegion, United States of America
What is the background to a complaint under citation?
British Columbia, Canada
What is the appellant's burden to present every part of the record necessary to review claims asserted on appeal?
California, United States of America
