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 a motion to vacate a conviction under section 1016.5 of the California Penal Code?
California, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments?
California, United States of America
What is the test for a monetary sanction against a party or attorney who unsuccessfully opposes a motion to compel further responses to interrogatories?
California, United States of America
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings?
Ontario, Canada
What is the merger principle in law and what is the effect of it?
Ontario, Canada
How have courts interpreted the doctrine of a "phantom vehicle" in a motor vehicle accident claim?
British Columbia, Canada
What is the test for “voluntary assumption of risk” in the context of a claim for negligence?
Newfoundland and Labrador, Canada
In a motion seeking to vacate a conviction for a breach of supervised release, what is the burden of making out plain error?
MultiRegion, United States of America
Does a prosecutor's argument to the jury to view the crime through the eyes of the victim constitute misconduct at the guilt phase of trial?
California, United States of America
Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made?
Ontario, Canada
Does a jury need to be instructed that they can consider sympathy when making a penalty determination?
California, United States of America
Can the doctrine of abuse of process be invoked to prevent repetitious litigation?
British Columbia, Canada
Does the standard instruction identifying the aggravating and mitigating circumstances need to be changed?
California, United States of America
What is the test for a jury to determine liability, damages and credibility in a motor vehicle accident?
British Columbia, Canada
What is the test for a convicted sex offender to be released from a mental health hospital?
California, United States of America
What is the test for establishing prejudice in a motion?
California, United States of America
What is the general right to inspect and copy judicial records and documents?
MultiRegion, United States of America
What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code?
California, United States of America
What is the current state of the law in the context of in-home arrest?
California, United States of America
Can a plaintiff recover on a quantum meruit basis for services rendered or goods supplied in reliance upon the existence, validity and enforceability of a contract?
Alberta, Canada
What is the burden of proving cause exists for relief under Section 362(d)(1) of the Bankruptcy and Insolvency Act?
federal, United States of America
What is the test for a motion to self-representate in a personal injury case?
California, United States of America
How have the courts treated the issue of Mexican land grants in the context of an appeal?
MultiRegion, United States of America
Is there any case law supporting plaintiffs' claim that they would have been able to obtain some unidentified documents if they had been granted additional discovery?
California, United States of America
What is the difference between evading and assaulting a police officer and shooting at officers?
California, United States of America
What is the current state of the law on investigative and adjudicative functions in administrative tribunals?
California, United States of America
What is the impact of a failure to accept an offer to settle?
Ontario, Canada
Can a former beneficiary of a deceased testator bring a claim against the deceased’s estate solicitor?
Alberta, Canada
Is a mistake or inadvertence a defense against commercial appropriation at common law?
California, United States of America
What role does section 15 of the Charter play?
British Columbia, Canada
Can a public safety officer be terminated for refusing to cooperate with an investigation conducted by an outside agency?
California, United States of America
What is the test for a motion to stay a sentence pursuant to section 654 of the California Criminal Code?
California, United States of America
When will the prosecution be allowed to rely on the former testimony of an elderly witness for confrontation clause purposes?
California, United States of America
Can a Strata Plan BCS 3507, 2020 charge back the amount of insurance deductible that falls below the deductible?
British Columbia, Canada
What is the test for determining extraordinary school costs?
Manitoba, Canada
What is the test for establishing a non-precedential order?
MultiRegion, United States of America
Is a defaulting trustee liable for damages for breach of trust that are not limited to common law damages?
British Columbia, Canada
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action?
California, United States of America
What is the test for a motion to amend or amend a complaint that fails to state a claim?
MultiRegion, United States of America
What is the scope of an employee's employment when he goes on an errand?
California, United States of America
How has the US Supreme Court interpreted the meaning of the phrase "necessary to preserve the physical life of the mother"?
MultiRegion, United States of America
What is the value of the litigation?
Manitoba, Canada
What is the test for making a claim under section 1983 of the Federal Trade Act?
MultiRegion, United States of America
Are fees awarded to an employer's attorney and their pro rata share of other litigation costs deducted from the amount paid to the employer out of the settlement proceeds?
California, United States of America
What is the test for establishing a permanent social commitment between a person and property?
British Columbia, Canada
What is the burden of a prosecutor to obtain a valid Miranda waiver?
California, United States of America
What is the current state of the law on medical malpractice in medical malpractices?
MultiRegion, United States of America
What is the test for self-sufficiency in a long-term relationship?
Ontario, Canada
Is there insufficient evidence to support the MMP defense that defendant was lawfully cultivating marijuana for a nonprofit collective?
California, United States of America
How do we review a motion for judgment on the pleadings?
California, United States of America
What is the burden of proving that she was not a resident of B.C. for at least a year prior to the filing of her petition in this proceeding?
British Columbia, Canada
What is the test for a de novo denial of a motion to suppress?
MultiRegion, United States of America
What is the test for a motion for a new trial based on ineffective assistance?
California, United States of America
What is the test for applying for a judicial review of an allegation of bias?
Newfoundland and Labrador, Canada
What is a trial court's duty to instruct sua sponte on certain self-defense defenses?
California, United States of America
What is the definition of a separation agreement in s. 43 of the Divorce Act?
British Columbia, Canada
What is the test to apply when the court considers the cost of future care?
British Columbia, Canada
What is the test for appellate review of a finding by the Superior Court of Appeal?
California, United States of America
What is the burden of proving entitlement to a lawful non-conforming use?
British Columbia, Canada
What is the test for qualified immunity under the doctrine of medical malpractice?
MultiRegion, United States of America
What is the burden of proving identity of a person to establish liability for injuries sustained by a dog?
Saskatchewan, Canada
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
Can an attorney representing himself be denied attorney fees in a personal injury case?
California, United States of America
Does a disqualification order require a party to hire new counsel for the purposes of representing themselves in court?
California, United States of America
What are the elements of the statutory elements test?
California, United States of America
Is a claim by an insurer alleging that the act in question may be a crime sufficient to trigger the exclusion of the criminal act?
California, United States of America
What is the test for discharge of retained counsel in a criminal case?
California, United States of America
What is the legal test for ineffective assistance of counsel?
California, United States of America
Can a magistrate's order issuing a warrant be set aside?
California, United States of America
Is a criminal defendant entitled to counsel at trial?
California, United States of America
Can a defendant be convicted of second degree implied malice murder based on indirect aider and abettor theory?
California, United States of America
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims?
Alberta, Canada
What is the test for instructing a jury on a lesser crime?
California, United States of America
Is a plaintiff's failure to object to the testimony of an expert in a medical malpractice case a strike?
California, United States of America
What are the consequences of a reduction of a charge of first degree murder to second degree murder on appeal?
California, United States of America
What is the test for a criminal defendant to succeed on a claim of inadequate legal assistance?
California, United States of America
What is the test for admitting evidence of a defendant's past sexual abuse?
California, United States of America
What is the appropriate sentencing for a public welfare offence?
British Columbia, Canada
What is the effect of retroactive support orders on a spouse who has failed to pay for support for over a year?
Ontario, Canada
What is the test for a jeopardy order?
Canada (Federal), Canada
Is a jury required to be instructed on the general principles of law?
California, United States of America
In what circumstances have exhibits to an affidavit been struck out?
Ontario, Canada
What is the test for a medical malpractice trial?
California, United States of America
What is the test for informing a person of a claim?
Nova Scotia, Canada
What is the test for "abuse of discretion" on appeal?
California, United States of America
Can a private individual obtain an injunction to prevent the operation of a cemetery where the cemetery does not have a permit?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence?
California, United States of America
What is the range of general damages in a personal injury action?
British Columbia, Canada
Is a diagram of a residential structure validly seized pursuant to a search warrant?
California, United States of America
What is the current state of the law on human rights violations in prison?
MultiRegion, United States of America
Can a plaintiff maintain a commission under the contract?
Saskatchewan, Canada
How have courts treated the issue of encumbrances on real estate?
Ontario, Canada
What are the consequences of a breach of contract where a plaintiff is entitled to a third party's "aggravated damages"?
Ontario, Canada
What is the effect of a father’s financial circumstances on the proportionate share of the father's expenses under section 7 of the Family Law Act?
Yukon, Canada
What is the test for abuse of discretion in a chapter 13 case?
federal, United States of America
Is a government employee entitled to a property right in his or her employment created by the state?
MultiRegion, United States of America
In what circumstances will the California Court of Appeal strike down a section of the California Criminal Code Act as unconstitutional?
California, United States of America
Is a plaintiff's oral statement to the police during the initial street confrontation admissible at trial?
"New York", United States of America
What is the test for exclusion of evidence in breach of section 8 of the Charter?
Ontario, Canada
How have courts treated common law tort claims of cruel and unusual punishment?
MultiRegion, United States of America
What is the test for challenging the fact or duration of a prisoner's sentence in a civil rights action?
MultiRegion, United States of America
What is the test for overturning a court's ruling on the admissibility of evidence?
California, United States of America
What is the current state of the law on free speech?
"New York", United States of America
What is the test for "due process" in deportation proceedings?
MultiRegion, United States of America
Does Section 15 of the Statute need to be examined at the beginning of the test?
MultiRegion, United States of America
What is the test for meeting the compensatory portion of the spousal support amount?
British Columbia, Canada
Can a jury that has deliberated without reaching a verdict be discharged?
California, United States of America
If defendant's motion to appeal a non-appealable order is construed as a writ petition, what is the proper filing?
California, United States of America
Does Respondent have standing to raise errors by the trial court?
California, United States of America
Does a single instruction to a jury need to be considered in the context of the overall charge?
MultiRegion, United States of America
What is the burden of establishing the hazard of incrimination of a witness under the Fifth Amendment?
California, United States of America
Can a juror be removed from the jury during deliberations?
California, United States of America
What is the standard of proof in civil and criminal cases?
Saskatchewan, Canada
What is the test for a good faith misunderstanding defense in a tax case?
MultiRegion, United States of America
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction?
California, United States of America
What is the efficacy and integrity of the process by which an offer was obtained?
Ontario, Canada
What is the test for a defendant to have a jury trial for a petty crime?
MultiRegion, United States of America
What is the test for a motion to suppress evidence?
California, United States of America
What is the test for receiving a nurse's notes?
Newfoundland and Labrador, Canada
Can a defense in a criminal case use character evidence to prove that the victim was violent at the time of the crime?
California, United States of America
What is the current state of the law on access to exhibits in criminal proceedings?
Alberta, Canada
What are the costs of an application brought by E. & Y. Y. R.R. and Y.Y.C. for damages?
British Columbia, Canada
What is the standard of appellate review of a motion to suppress?
California, United States of America
What is the test for determining a jury verdict in a criminal case?
California, United States of America
What is the principle that federal courts should not anticipate a question of constitutional law in advance of deciding it?
MultiRegion, United States of America
Does a ruling by a trial court that adversely affects a litigant's evidentiary presentation constitute a constitutional error?
California, United States of America
What are the elements of a special circumstance finding beyond a reasonable doubt?
California, United States of America
Can a prosecutor be found guilty of misconduct in a civil case?
California, United States of America
What is the policy of admitting propensity evidence in a criminal case?
California, United States of America
What is the difference between the cost of therapy and the amount of the therapy that is payable?
British Columbia, Canada
Does the intervening event principle absolve an original tortfeasor of legal liability?
British Columbia, Canada
Is there a quantum type rule of degree under which a plaintiff has a substantial claim to privilege as to entirely prospective acts?
California, United States of America
If the court instructs the jury on an aiding and abetting theory of liability, is this an error that is harmless?
California, United States of America
Does the Attorney General have any grounds to appeal against a conviction for an attempted carjacking?
California, United States of America
Is there a prejudicial error if a witness is a cooperating witness?
MultiRegion, United States of America
Can a contingency for future loss of income be proven and established on the record?
Nova Scotia, Canada
What is the real question of reasonable grounds for detention?
Ontario, Canada
What is the legal test for a jury to determine whether there is sufficient evidence of premeditation and deliberation for a completed first degree murder?
California, United States of America
What is the test for an employer to compel an employee to engage in sexual acts with another employee?
"New York", United States of America
Can a defendant who pleaded guilty to a charge of sexual assault deny that his plea was coerced?
MultiRegion, United States of America
Does a defendant need to explain their actions in light of their knowledge concerning the victim?
California, United States of America
What is the legal test for consent to renew a criminal charge under section 17(b)(5) of the Criminal Code?
California, United States of America
Can a defendant argue that he harbored multiple or simultaneous criminal objectives when he committed three separate crimes at the same time?
California, United States of America
What is the test for assessing the risk reasonably to be perceived in a medical malpractice case?
"New York", United States of America
What is the test for establishing that there is a single conspiracy?
MultiRegion, United States of America
What is the test for admitting evidence of uncharged misconduct for abuse of power?
California, United States of America
What is the test for establishing that a judgment or order of the lower court is presumed correct?
California, United States of America
Is a plaintiff entitled to sue for attorney's fees and costs even if a contract does not exist?
California, United States of America
What is the appropriate date for the valuation of assets under the Family Relations Act?
British Columbia, Canada
Does Section 1915(g) of the Civil Code of Civil Procedure prohibit a plaintiff from bringing a claim in federal court where the claim was previously dismissed?
MultiRegion, United States of America
What is the standard of damages for long-term disability in medical malpractice cases?
British Columbia, Canada
Does a good faith effort to obtain a witness subpoena before trial need to be undertaken prior to trial?
MultiRegion, United States of America
What is the test for admitting or denying an allegation of sexual assault?
California, United States of America
Can a temporary parenting order be changed?
Ontario, Canada
Does a plaintiff have to amend his complaint under Section 1915(e.2)(2)(B) and Section 1915A(b) of the Civil Rights Act?
MultiRegion, United States of America
Is it improper for a prosecutor to misrepresentate the standard of reasonable doubt?
California, United States of America
Does the fact that there may be more than one reasonable inference to be drawn in an affidavit is sufficient to invalidate a finding of probable cause?
California, United States of America
What is the current state of the law in the context of Miranda v. Arizona?
California, United States of America
Is a preliminary inquiry judge entitled to exclude evidence under s. 24(2) of the Criminal Code?
British Columbia, Canada
Is past sexual misconduct admissible in a sexual assault case?
California, United States of America
What is the case against defendant in a murder case?
California, United States of America
What is the test for instructing a jury to consider all applicable legal principles pertinent to a case?
California, United States of America
What is the current state of the law on the allocation of court costs?
British Columbia, Canada
What is the test for determining whether a federal court erred?
MultiRegion, United States of America
What is the test for reversal of a conviction based on insufficiency of the evidence?
California, United States of America
What is the test for avoiding a judicial-administrative conflict between a regulatory agency and the courts?
MultiRegion, United States of America
What are the elements of a violation of section 191.5 of the California Vehicle Code?
California, United States of America
What is the test for a motion alleging retaliation for the exercise of constitutional rights against a defendant?
MultiRegion, United States of America
What is an account stated and what is the test for establishing an agreement?
California, United States of America
What is the legal test for spousal claim of resulting trust?
British Columbia, Canada
What is the general principle regarding entertaining new issues on appeal?
Ontario, Canada
Under what circumstances can an attorney be found to have acted within reasonable professional assistance?
MultiRegion, United States of America
What is the evidence supporting the conviction for false imprisonment?
California, United States of America
Does section 654 of the Criminal Code apply to a sentence for aggravated mayhem and aggravated kidnapping for ransom?
California, United States of America
What are the elements of self-defense when a defendant is charged with assaulting a federal officer?
MultiRegion, United States of America
What is the scope of an action brought by a property located close to the rail tracks?
British Columbia, Canada
On an application for a stay of proceedings pending the s. 257 determination, is the court still able to exercise its discretion?
British Columbia, Canada
Can a subsequent owner of the property bring a claim for continuing trespass or continuing nuisance?
California, United States of America
In what circumstances will a prosecution gang expert testify to establish the elements of the crime of gang participation under section 186.22, subdivision (a)?
California, United States of America
What is the test for determining the correctness of jury instructions in a sexual assault case?
California, United States of America
Does the evidence support a finding that the evidence against the appellant was not as strong as the trial court concluded?
California, United States of America
Can constructive trust be established in common law relationships?
British Columbia, Canada
Can a creditor sue a trustee without the permission of the court?
Saskatchewan, Canada
What are the costs of attorney's fees in an appeal?
California, United States of America
Does an employer have an obligation to prove that a former employee failed to make reasonable efforts to find a replacement work?
Canada (Federal), Canada
Is there any conflict of interest between a lawyer and client?
California, United States of America
Is a court wrong to allow an expert witness to testify as to what was the best tool?
California, United States of America
What are the factors used to determine non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
What is the test for obtaining an interim restraining order against a party who is not a party to the motion?
Ontario, Canada
Does a jury instruction misstate elements of a statutory crime?
MultiRegion, United States of America
What is the effect of requiring a non-English speaking witness for a competent interpreter?
California, United States of America
What is the legal or evidentiary basis on which a defendant resists a motion for particulars of a plaintiff’s claim that he made a "wilfully false statement"?
British Columbia, Canada
What is the test for timely appeal under the California Courts Act?
California, United States of America
What is the consequence of a defendant not objecting to the witness support person at trial?
California, United States of America
What is appellant's right to claim the proceeds of the sale of the res?
MultiRegion, United States of America
What is the range of factors used by a federal court to determine the appropriate sentence for a defendant convicted of perjury under Title 18 of the Criminal Code?
MultiRegion, United States of America
Does the term "unfairly prejudicial" have a broader scope than that of "oppressive" or "just and equitable"?
British Columbia, Canada
What is the test for determining whether a driver in a servient position is to be held liable for failing to yield the right-of-way?
British Columbia, Canada
Is a failure to file an income tax return an affirmative act of attempted tax evasion?
MultiRegion, United States of America
What is the test for calling a rule nonjurisdictional?
California, United States of America
