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.
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation?
MultiRegion, United States of America
What is the test for determining whether a defendant is suitable for probation?
California, United States of America
What is the preponderance standard for determining whether a defendant is mentally ill?
"New York", United States of America
Is Saanich liable in a claim for damages arising out of the failure of a water or drainage facility or system?
British Columbia, Canada
What is the test for obtaining a search warrant for photographs of a person in the street?
California, United States of America
Is a probation condition requiring a probationer to submit to alcohol and drug testing prohibited by the Fourth Amendment?
California, United States of America
Is there a need for severance or separate juries for multiple defendants?
California, United States of America
Is ineffective assistance of counsel ineffective at trial?
MultiRegion, United States of America
What is the test of the best interests of the child?
British Columbia, Canada
What is the test for impaired drivers in the context of impaired driving section of the Criminal Code?
British Columbia, Canada
Is a collateral benefit or an independent mitigating factor a factor in determining damages for the cost of future care?
British Columbia, Canada
What is the test for determining the identity of an unknown driver or owner in a motor vehicle accident?
British Columbia, Canada
What are the considerations of a judge considering the storage of personal data that is not responsive to a search warrant?
MultiRegion, United States of America
How have courts dealt with Rule 32(c)(3)(D) violations?
MultiRegion, United States of America
In what circumstances will a plaintiff be able to bring a claim against a pharmaceutical company for medical malpractice?
Alberta, Canada
What is the difference between the original evidence and the current evidence?
New Brunswick, Canada
How have courts interpreted the doctrine of assuming that a broker or broker breached a client's agreement?
California, United States of America
What is the current state of the law on good faith decisions by a plaintiff to mitigate their loss?
British Columbia, Canada
What is the quantum of damages for loss of personal capacity in a personal injury case?
British Columbia, Canada
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
What is the duty of fairness for application cases?
Alberta, Canada
What is the burden of establishing the defense of momentary possession of a controlled substance?
California, United States of America
What is the test for a jury to agree on a degree of murder?
California, United States of America
What are the “hallmarks” of fiduciary law?
British Columbia, Canada
How have federal courts interpreted section 2254(d)(2) of the AEDPA in habeas cases?
MultiRegion, United States of America
What is the legal test for consent orders?
British Columbia, Canada
What is the quantum of spousal support available to a recipient spouse?
British Columbia, Canada
What are the consequences of the “double/split person” actions?
Saskatchewan, Canada
What is the burden of identifying a presumptive connecting factor and of showing its applicability to a dispute?
Alberta, Canada
What is the test for a drug dealer to be convicted of a federal drug trafficking charge?
MultiRegion, United States of America
What is a third party culpability instruction in a criminal case?
California, United States of America
What is the test for granting probation in a criminal case?
California, United States of America
What is the effect of counsel conceding second degree murder?
California, United States of America
Is there any case law where a jury has been asked whether there is evidence that the accused planned the killing in advance?
California, United States of America
Can an employer dismiss an employee who is romantically involved with a colleague?
California, United States of America
What is the test for a jury to convict a defendant of sexual assault?
California, United States of America
What is the test for unconscionability in employment law?
Alberta, Canada
What is the current state of the law on the duty of a manufacturer to warn of a particular risk?
MultiRegion, United States of America
Can the prosecution refile a charge of burglary under section 1387, subdivision (a) of the California Criminal Code?
California, United States of America
Does the use of a single penalty form encompassing the death penalty for the murder of more than one victim in a murder case have to be reconsidered?
California, United States of America
How have the courts treated the evidence in the case of a defendant's confession that he suffered injuries inflicted by police officers to obtain a confession?
"New York", United States of America
Can a defendant cross-examine the Affiant in a search warrant case?
California, United States of America
What are the costs of a motion brought by PILAR DEL CARMEN Reynoso SALVadr?
Ontario, Canada
What is competent evidence in a civil case where a plaintiff is accused of making a claim based on hearsay or rumor?
California, United States of America
What is the standard of probable cause in a search and arrest case where the officer's statement was used as evidence?
California, United States of America
What is the test for interpreting conflicting bylaws?
British Columbia, Canada
Does section 654 of the Criminal Code prohibit a person from making a criminal threat in a fit of anger from sending two text messages to the victim's family and friends?
California, United States of America
What is the current state of the law on forum non conveniens analysis?
Nova Scotia, Canada
What is the effect of a retroactive award for damages against a father who was awarded in his own name?
Ontario, Canada
Is possession alone sufficient to sustain a conviction for possession of property stolen in a burglary?
California, United States of America
When a defendant has been convicted of a series of charges under section 2900.5(1) of the California Criminal Code, is his time in custody credited upon his term of imprisonment?
California, United States of America
Is a mother's intention to relocate with her children under a restraining order?
British Columbia, Canada
What is the effect of a court directly or indirectly enforcing the revenue laws of another country?
Alberta, Canada
Can a defendant in a separate action with the same plaintiff receive costs from 7 days after making a joint payment into court of a similar amount?
British Columbia, Canada
Does the Fifth Amendment prohibit the prosecution from commenting on the accused's silence?
MultiRegion, United States of America
Is a denial of a motion for appointment of counsel reviewed for an abuse of discretion?
MultiRegion, United States of America
What is the test for establishing a genuine issue of fact?
MultiRegion, United States of America
What is the impact of a court's decision to allow autopsy photographs that may be gruesome for abuse of discretion?
California, United States of America
Is a person's right to resist excessive force an application of the law of self-defense?
California, United States of America
Is there discrimination for a greater use of goods and services such as laundry?
Ontario, Canada
How have courts treated counsel's decision to rest at the end of the government's case?
MultiRegion, United States of America
What is the standard of review in the context of circumstantial evidence in a burglary case?
California, United States of America
What is the test for seeking relief from the Attorney General for a breach of a duty imposed by law against a school principal?
California, United States of America
Does a defendant have a right to object to the pleading and the proof?
California, United States of America
Is child support payable now and retroactively in the amount claimed by counsel for the applicant?
Ontario, Canada
What is the test for establishing breach of an implied covenant between a husband and wife?
California, United States of America
What is the burden of proving reversible error on appeal?
California, United States of America
What is the proper form of assignment for an assignment in a personal injury action?
MultiRegion, United States of America
What is the scope of a search warrant issued by the Department of Justice?
MultiRegion, United States of America
What role does ordination play in defining the term "clergy"?
Canada (Federal), Canada
What are the reasons given by the trial court for a finding that a plaintiff is entitled to sue for damages?
California, United States of America
Can an employer be held liable for failing to properly investigate a complaint of harassment and discrimination?
Ontario, Canada
Is Precious still Children of the Marriage under the Divorce Act?
Ontario, Canada
What is the test for reasonable and diligent conduct in medical malpractice?
Ontario, Canada
How have courts interpreted section 3.2 and 10.2 of a long-term disability policy?
MultiRegion, United States of America
Is there any case law or case law that would allow for a "mini trial" to supplement the record?
New Brunswick, Canada
How has section 7031 of the California Code been interpreted in the context of joint venture applications?
California, United States of America
Is evidence of a defendant's gang membership admissible at trial?
California, United States of America
Does a payor have to pay child support where the payor is an entrepreneur trying to pay off a judgment?
Alberta, Canada
Does a defense attorney have an obligation to object the prosecution's motion to introduce evidence of violence against a defendant?
California, United States of America
Does a plaintiff have to pay the cost of notice of a claim?
Ontario, Canada
What are some cases dealing with sexual assault under the California Penal Code?
California, United States of America
Can a client obtain mandatory relief if the attorney acknowledges fault?
California, United States of America
What is the appropriate period of notice for a 44-year-old parking lot attendant with 12 years of service?
Ontario, Canada
When will a defendant be impeached for a crime of moral turpitude?
California, United States of America
How have the courts interpreted the definition of substantial evidence?
California, United States of America
How has the substantial evidence test been applied in medical malpractice cases?
MultiRegion, United States of America
Does a juror who considers material extraneous to the record commit misconduct?
California, United States of America
What is the test for disclosure of portions of a client’s files?
Ontario, Canada
What is the state's burden of proving that it has an independent and adequate state procedural ground?
MultiRegion, United States of America
What is the test for admissibility of expert reports containing hearsay evidence?
British Columbia, Canada
What is the motor vehicle accident that bottoms this litigation?
British Columbia, Canada
What is the standard to observe by a medical practitioner in the practice of his profession?
Saskatchewan, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for damages for defamation?
Saskatchewan, Canada
Is a promissory note subject to federal securities laws?
MultiRegion, United States of America
Can a judge reconsider and overrule a decision by a second judge to revoke probation?
California, United States of America
What is the difference between reasonable risk and unreasonable risk?
California, United States of America
What is the test for removing a child from a parent's care?
Nova Scotia, Canada
What is the test for assessing the need for future care?
British Columbia, Canada
How has section 654 of the California Code of Criminal Procedure been interpreted in court?
California, United States of America
What is the standard of review for a motion for judgment on the pleadings?
California, United States of America
What is the test for using the word "but for" in an instruction to a jury in a personal injury case?
Ontario, Canada
What is the proper approach to determining whether s. 3(2)(a or s.3(2) of the Guidelines applies?
British Columbia, Canada
What is the test for determining whether a parent intended to change a child’s habitual residence?
British Columbia, Canada
What is the test for determining whether a discretionary condition in a contract imposes a subjective or objective standard?
Ontario, Canada
What is the effect of section 654, subdivision (a) of the California Penal Code on an individual who has committed a criminal offence?
California, United States of America
What is the legal authority of a court to exercise discretion in making an order?
California, United States of America
What is the test for a waiver of indictment by a grand jury?
"New York", United States of America
Can the officers of a church acquire land for use as collateral for a mortgage?
Alberta, Canada
What is the legal test for summary judgment or summary dismissal?
Alberta, Canada
Can an appeal against a finding that the appellant's attorney has fully complied with her responsibilities and has not acted properly on appeal?
California, United States of America
What is the test for being totally disabled in any occupation?
Manitoba, Canada
What is the burden of proving that the trial court erred in dismissing a complaint for delay in prosecution?
California, United States of America
Can a defendant seek sex crime counseling in prison?
California, United States of America
How have the courts interpreted the test for a motion for a mistrial in a sexual assault case?
California, United States of America
Is a school authority obligated to ensure that reasonable care is taken of pupils attending the school?
British Columbia, Canada
What is the test for admissible evidence of misconduct in a criminal case?
California, United States of America
What are some cases relied on by the Federal Court of Justice in the context of a mortgage application?
Alberta, Canada
What is the test for malice in a murder case?
California, United States of America
What are the implications of section 667.6, subdivision (d) of the California Code of Criminal Code when a defendant is convicted of two sex crimes against the same victim?
California, United States of America
What is the test for establishing a presumption of truth when a witness has sworn to the truthfulness of their testimony?
Canada (Federal), Canada
What is the current state of the law on the privilege of self-incrimination?
California, United States of America
Is the adequacy of reasons sufficient to be set aside?
British Columbia, Canada
What is the current state of the law on sexual assault?
MultiRegion, United States of America
Is there any case law where there are two separate criminal objectives for firing into a vehicle containing three occupants?
California, United States of America
In a motion to vacate and remand Doe's conviction for contempt of court, what is the effect of the District Judge's denial of Requests Five and Six?
MultiRegion, United States of America
What is the test for overturning a conviction for sexual assault?
California, United States of America
What is the consequence of a plaintiff's failure to close a real estate transaction?
Ontario, Canada
What is the test for a motion to overturn a conviction for making a statement that was deemed harmless beyond a reasonable doubt?
California, United States of America
Is privileged material waived through inadvertent disclosure?
Ontario, Canada
What is the test for determining whether a worker’s employment was a contributory factor in their personal injury?
British Columbia, Canada
What is the test for a defense counsel to ask to testify as an advocate while continuing to act as a witness?
MultiRegion, United States of America
What is the test for determining whether a search warrant can be used as a justification for detention?
California, United States of America
What are the conditions for a closing order?
Ontario, Canada
What is the legal test for a solicitor to charge a client for an hourly rate?
British Columbia, Canada
What is the burden of establishing that secondary evidence was tainted by the police?
California, United States of America
What is the current state of the law on common intention in domestic violence cases?
Manitoba, Canada
What is the test for determining whether a group of El Salvadoran men who have not served in the military constitute a "particular social group"?
MultiRegion, United States of America
Does "bodily harm" include psychological injury?
British Columbia, Canada
What is the test for making a claim that the trial court erred in conducting a preelection review of the validity of the proposed ordinance?
California, United States of America
What is the test for calculating the cost of future care for a person with dementia?
British Columbia, Canada
What is the test for a "reasonable belief" that the Federal Bureau of Investigation has the type of information sought?
California, United States of America
What is the test for a conspiracy to commit a crime under section 1962 of the RICO Act?
MultiRegion, United States of America
What is the test for dismissing an order of dismissal?
California, United States of America
How does the Fifth Amendment protect against self-incrimination?
California, United States of America
What are the requirements for a custodial interrogation under the Miranda Rule?
California, United States of America
What is the standard of review applied by the California Court of Appeal?
California, United States of America
What is the opening brief in a personal injury case?
California, United States of America
Is there any case law that supports the argument that a plaintiff was injured as a result of an actionable wrong?
British Columbia, Canada
What is the test for controlling a motion in a personal injury case?
California, United States of America
What is the social interest of closing a custody and access matter?
British Columbia, Canada
What is the standard of review for a full-time support order?
Ontario, Canada
How have the courts interpreted the Fourth Amendment in the context of a search warrant application?
MultiRegion, United States of America
Does a driver who backed his truck into a pedestrian who bent over and bent over to pick up her cell phone, causing her injury?
British Columbia, Canada
What is the sufficiency of evidence supporting the inference that appellant participated in the robbery by driving the getaway car?
California, United States of America
Does a search warrant need to be issued to search a car and a purse?
California, United States of America
What is the test for awarding attorney fees under section 1021.5 of the California Civil Procedure Act?
California, United States of America
When a vendor employer corporation is sold, can an employee be constructive dismissed if they continue to behave as if they were not advised of the sale?
Ontario, Canada
Does public policy preclude a defendant from waiving their right to appeal their sentencing?
MultiRegion, United States of America
What is the impact of the nudity ban on First Amendment freedom of speech and expression?
California, United States of America
What is the deduction of capitalized value of a pension from a deceased's income tax return?
Alberta, Canada
What is the government's burden of proving a defendant is a danger to the community?
MultiRegion, United States of America
What is the test for an appellate tribunal to substitute its own opinion for that of the trier of fact?
Saskatchewan, Canada
What is the test for a mother who must find work to get access to her children?
Ontario, Canada
What is the test for having a prima facie right to a trial by jury?
Nova Scotia, Canada
What is reasonable if a suspect poses a significant threat to the officer or others?
MultiRegion, United States of America
What is the effect of section 667.6 of the Criminal Code on sentencing of appellant?
California, United States of America
Does the "real consideration" or extrinsic evidence to prove the “real consideration” generally admissible?
Ontario, Canada
Is the impoundment of plaintiff's car a seizure within the meaning of the Fourth Amendment?
MultiRegion, United States of America
How is an enhancement review reviewed?
California, United States of America
What is the legal test for “significantly unfair” in s. 95(2) of the Canadian Human Rights Code?
British Columbia, Canada
What is the test for compelling a witness in a criminal case?
MultiRegion, United States of America
What is the test for non-compliance of Rules 1(8)?
Ontario, Canada
Is a party-and-party bill of costs accepted without a receipt?
Canada (Federal), Canada
Is a letter entitled to be without prejudice privileged?
Ontario, Canada
What is the meaning of the term "search" in the context of the Fourth Amendment?
MultiRegion, United States of America
What is the limitation period for a defamation claim based on defamation?
California, United States of America
What is the difference between the preparation antecedent to a crime and the actual attempt?
California, United States of America
What is the legal test for dismissing an action for sexual assault?
California, United States of America
What is the effect of having to have an oral hearing in a collision review?
British Columbia, Canada
What is the burden of establishing personal jurisdiction in a personal injury action?
MultiRegion, United States of America
What is the state's position on parental privacy in the context of the Family Law Regime?
California, United States of America
Is it improper to ask a witness about their prior conversation?
California, United States of America
What are the costs of a medical malpractice trial?
Alberta, Canada
What is the test for a defendant to have to prove beyond a reasonable doubt every essential element of the charge against him?
California, United States of America
What is the standard of review of circumstantial evidence in the context of an appeal?
California, United States of America
Is the good faith rule an exception to the warrant requirement?
California, United States of America
What is the current state of the law on obscenity?
MultiRegion, United States of America
What is the test for establishing a procedure for conducting wiretap taint hearings?
MultiRegion, United States of America
What is the test for covenanted that indemnity is also available to third parties?
Saskatchewan, Canada
What is the reasonableness defense?
California, United States of America
How have the facts been interpreted in this case?
California, United States of America
When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship?
New Brunswick, Canada
What is the test for lying in wait murder?
California, United States of America
Can a police officer be held liable for injuries sustained in a motor vehicle accident?
MultiRegion, United States of America
What is the legal test for bringing fresh evidence into the hearing of an appeal?
British Columbia, Canada
What is the test for admitting or excluding impeachment evidence?
California, United States of America
What is the test for habeas corpus review?
MultiRegion, United States of America
What is the burden of establishing objective and subjective fear of persecution?
Canada (Federal), Canada
