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 current state of the law when there is no dispute as to the facts in the presentence report?
MultiRegion, United States of America
What is sufficient or prima facie evidence in a sexual assault case?
California, United States of America
What is the test for establishing that there is "no evidence that the justice must be satisfied" to convict a defendant in a sexual assault case?
British Columbia, Canada
What is the test for putting a plaintiff on notice of their claim?
MultiRegion, United States of America
What is the effect of section 634 of the Code of Civil Procedure on objections to a finding?
California, United States of America
In what circumstances will a court uphold a robbery conviction where a hotel clerk was present at the time of the crime?
California, United States of America
When can an oral statement be used in lieu of a written affidavit?
California, United States of America
How have punitive damages been calculated in a motor vehicle case?
MultiRegion, United States of America
What is the basis for a finding of pretext in a sexual assault case?
California, United States of America
Does a state's interpretation of its laws or rules provide a basis for federal habeas corpus relief?
MultiRegion, United States of America
Is there any case law in which a defendant has been granted qualified immunity from prosecution?
MultiRegion, United States of America
Is an agent entitled to commissions even after cancelling an agency contract?
Saskatchewan, Canada
Does plaintiff have to include ineffective assistance of counsel claim in his federal habeas petition?
MultiRegion, United States of America
What is the test for substantial government interference with a defense witness?
MultiRegion, United States of America
How has the Federal Communications Commission been dealt with in this case?
MultiRegion, United States of America
What is the impact of periodic symptom-free periods on a disability claim?
MultiRegion, United States of America
What is the legal test for the defense of entrapment?
California, United States of America
Can a panel overturn a decision of a third panel in a personal injury case?
MultiRegion, United States of America
What is the standard of evidence used on a motion for summary judgment?
Ontario, Canada
Can a report be privileged if it is made solely to the police?
California, United States of America
What are some examples of high-profile personal injury cases involving personal injury?
California, United States of America
What is Webb's position on the validity of a search warrant?
MultiRegion, United States of America
Can photocopies, faxes and research be claimed in an assessment of costs between the parties?
Ontario, Canada
What are the consequences of a district court's decision to revoke a term of supervised release?
MultiRegion, United States of America
Is Defendant's claim for legal expenses reasonable?
California, United States of America
When will a jury consider a motion to joinder two counts of murder?
California, United States of America
Does the fact that the jury deadlocked at the second trial affect our prejudice analysis?
California, United States of America
What is the test for responding to an anti-SLAPP motion?
California, United States of America
What is the test for aboriginal title in Canada?
Alberta, Canada
What is the purpose of the purpose test?
Ontario, Canada
What is the statute of limitations for a claim under section 2401(b) of the Federal Trade Commission Act?
MultiRegion, United States of America
Is a statement obtained as a result of a "custodial interrogation" admissible?
California, United States of America
What is the burden of making an employer's case in a disability case?
MultiRegion, United States of America
What is the burden of proving there is an available administrative remedy?
MultiRegion, United States of America
Does a by-law violation or zoning violation go to the root of title?
Ontario, Canada
What is the threshold issue in determining whether a person can claim an income loss of more than $100,000?
British Columbia, Canada
What is the test for a preliminary injunction preventing a defendant from expending monies on a personal injury claim?
California, United States of America
Does a jury have to be instructed that the intent to steal must arise prior to or during the application of force?
California, United States of America
What is the test for the application of a common law publication ban?
Ontario, Canada
Does a prosecutor commit misconduct in closing argument by impugning the integrity of defense counsel?
California, United States of America
What is the test for admitting evidence under the abuse standard?
California, United States of America
What is the test for determining whether a person has been found guilty of a charge of common assault?
Ontario, Canada
Are there any cases that support a parent's claim that the trial court erred?
California, United States of America
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the test for obtaining leave from a consent order?
Ontario, Canada
Is negligence a bar to enforcement of a judgment?
British Columbia, Canada
Is there any evidence supporting a conviction for possession of drugs for sale?
California, United States of America
What factors should the court consider when determining a child’s best interests?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for meeting the threshold burden of proving that a cause of action arises from protected activity?
California, United States of America
Does a defendant have to remain silent about the crime at trial or at sentencing?
California, United States of America
What is the impact of the collision between a car and a bus on a pedestrian crossing?
Ontario, Canada
What is the test to determine whether a search warrant can be used to seize a person's phone?
MultiRegion, United States of America
What is the test for establishing a domicile pursuant to common law?
Ontario, Canada
Can words alone be sufficient provocation in a sexual assault case?
California, United States of America
Can a motion stating a claim be dismissed without a full evidentiary hearing?
MultiRegion, United States of America
Does the search of a van without a warrant violate the Fourth Amendment?
California, United States of America
Can a constructive trust or unjust enrichment be maintained?
Alberta, Canada
What is the test for reducing a sentence under section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
What are the rights and privileges of a separate school?
Saskatchewan, Canada
Can a judge order a shared use of the home in a separation order?
British Columbia, Canada
What is the test for liability for felony murder?
California, United States of America
What is the burden of proof under Proposition 47 of resentencing?
California, United States of America
How have courts dealt with cases dealing with sexual assault in the past?
California, United States of America
Is a defendant entitled to an independent review of the record?
California, United States of America
Is there a net run against a party out of possession?
New Brunswick, Canada
How does the Court assess the sufficiency of evidence in a sexual assault case?
California, United States of America
Can a defendant's electronic device be searched by a law enforcement officer while he is still on probation?
California, United States of America
What is the definition of first degree burglary under California Penal Code Sec.460(1)?
MultiRegion, United States of America
Does a lawyer owe a duty of care to a non-client third party?
Ontario, Canada
How have courts dealt with allegations of sexual assault made by an alleged coparticipant at a preliminary hearing?
California, United States of America
Is a defendant's sentence based on misinformation regarding a material aspect of his criminal record?
California, United States of America
Can a driver use his cell phone while the car is in motion?
"New York", United States of America
What is defendant's burden to show prejudice from the asserted errors?
California, United States of America
What is the test for a claim for retaliation in violation of the First Amendment?
MultiRegion, United States of America
What is the scope of character evidence in a civil trial?
British Columbia, Canada
In what circumstances will the court consider costs incurred by two defendants in a common defence?
Alberta, Canada
What constitutes deliberate indifference to the need for medical equipment to be provided by an inmate?
MultiRegion, United States of America
Is a breach of the rules of natural justice a ground to quash a decision of a consensual tribunal?
Alberta, Canada
What is the test for medical malpractice under the California Health Care Act?
California, United States of America
In what circumstances will a defendant have to prove that he would not have pleaded guilty to a charge of sexual assault had counsel's errors been corrected?
MultiRegion, United States of America
What is the test for establishing a defendant's competency to stand trial?
MultiRegion, United States of America
What is the test for determining whether an accused has a reasonable opportunity to prepare a defense and respond to the charges?
California, United States of America
How have courts interpreted the test set out in a federal district judge's order?
MultiRegion, United States of America
What is the test for providing evidence to convict a defendant of a crime in a criminal case?
California, United States of America
How does the statute of limitations apply in medical malpractice cases?
California, United States of America
In what circumstances will the court compel defense counsel to object to the deterrence argument?
California, United States of America
Does s.32 and the Rules of Civil Procedure apply to separate actions in a Statement of Claim and Counterclaim?
Alberta, Canada
What is the appropriate sentence for a convicted fraudster who was convicted of charges including giving a reward to a government official?
Ontario, Canada
What is the test for using photographs of the crime scene as evidence in a murder trial?
California, United States of America
In what circumstances will an informer be permitted to record a conversation in which a defendant is not present?
California, United States of America
What is the impact of a jury's comments on a defendant's failure to testify on the night of the trial?
California, United States of America
What is the standard of review in questions of credibility?
Canada (Federal), Canada
What is the standard for a jury to consider the credibility of the evidence in a sexual assault case?
MultiRegion, United States of America
Is there a reluctance to order an interim distribution of assets for the purposes of funding past or projected legal expenses?
British Columbia, Canada
Does the Attorney General have a proper objection to the statement of a police officer?
California, United States of America
Does the General Counsel have final authority, on behalf of the California Agricultural Labor Relations Board, over the investigation of charges and issuance of complaints under Section 1149?
California, United States of America
Does a strata have a duty to be properly represented in a legal proceeding?
British Columbia, Canada
How have the courts in BC dealt with disbursements to a solicitor's retainer?
British Columbia, Canada
What is the testator’s consideration of the children of the Testator in his will for maintenance purposes?
British Columbia, Canada
Can a furtive gesture with prior reliable information constitute probable cause?
California, United States of America
What is the test for establishing that a shooting was committed in association with a criminal street gang?
California, United States of America
What is the prosecution's burden to prove the elements of a sentence enhancement under the California Robbery Act?
California, United States of America
Does a post-Miranda statement to police contradict the evidence supporting a defense?
California, United States of America
What is the test to succeed under section 7 of the Charter?
Alberta, Canada
What is the test for a motion to dismiss a civil rights action for failure to state a claim?
MultiRegion, United States of America
What is the test for possession of a firearm with intent to exclude the true owner?
Ontario, Canada
What is the scope of the application before the Court of Appeal of Strata Plan VR?
British Columbia, Canada
What is the effect of the delay between the arrest and trial of John Favors on his right to a speedy trial?
MultiRegion, United States of America
Can estoppel prevent a litigant from pursuing a cause of action that was or should have been subject to a previous proceeding?
Prince Edward Island, Canada
What is the test for determining whether a defendant's outrageous conduct caused emotional distress?
MultiRegion, United States of America
What is the appropriate sentence for a defendant who has been convicted of attempted voluntary manslaughter?
California, United States of America
What is the current state of the law on police destruction of evidence in criminal cases?
MultiRegion, United States of America
Can adverse inferences be applied in a trial?
British Columbia, Canada
What is the standard of proof required for a deputy head to be disciplined?
Canada (Federal), Canada
What due process rights does a defendant have in a revocation proceeding?
California, United States of America
Does a civilian's observation of a "furtive movement" provide probable cause?
California, United States of America
Can a Minister of National Revenue waive or cancel all or any portion of any penalty or interest?
Canada (Federal), Canada
How has a calculation error been considered in family law cases?
British Columbia, Canada
What is the burden of pleading against a defendant in a criminal case?
MultiRegion, United States of America
What are the Miranda rights given to a defendant?
California, United States of America
What is the test for a motion to set aside a search and seizure order made against a defendant at a preliminary hearing?
California, United States of America
Is a plaintiff entitled to sue for damages under section 6310 of the California Motor Vehicle Code?
California, United States of America
Is there a resulting trust when a party contributes to the purchase of a property but then gratuitously transfers their title?
Ontario, Canada
Does a defendant have to prove that he entered what in fact was an "inhabited dwelling house" to be convicted of first degree burglary?
California, United States of America
What is the test for credibility of witness testimony when there is conflicting evidence?
Alberta, Canada
What is the legal test for obtaining permission to amend a motion to dismiss?
California, United States of America
If a final judgment has not been found, can an appeal be appealed from a judgment that fails to complete all causes of action between the parties?
California, United States of America
What is the test for an impermissibly vague section of a civil rights statute?
MultiRegion, United States of America
What are some cases where the US Supreme Court has ruled in favour of a motion to dismiss an application by a federal district judge?
MultiRegion, United States of America
Does the absence of a mitigating factor in a motor vehicle accident constitute an aggravating circumstance?
California, United States of America
Is a 47 year old printing press operator with a high school education and no supervisory responsibility awarded 10 months’s pay in lieu of notice?
Ontario, Canada
What is the test for determining whether an instruction was prejudicial?
California, United States of America
What is the standard of care of a plaintiff in a medical malpractice case where there are conflicting opinions between two doctors?
Manitoba, Canada
How have courts interpreted "commercial establishment" in section 459.5 of the Ontario Constitution?
California, United States of America
What is the test for establishing that a judgment or order of a lower court is presumed to be correct on appeal?
California, United States of America
In a coram nobis petition, what is the test for a defense counsel to avoid a judgment of dismissal without prejudice?
California, United States of America
What is the legal test for a motion to suppress evidence obtained as a result of an improper search by police?
California, United States of America
What is the standard for determining whether a profit sharing agreement violates the Sherman Act?
MultiRegion, United States of America
What is the purpose of Rule 37?
British Columbia, Canada
Can an order for substituted service be waived if it is improperly made?
Saskatchewan, Canada
Is there a distinction between a person who has a possessory interest in real property and who has not a right to possession of real property?
California, United States of America
Is it ineffective assistance of counsel to reopen the suppression hearing once the trial has begun?
MultiRegion, United States of America
What is the test for a preliminary or inchoate crime?
Ontario, Canada
What is the test for establishing that an identification procedure employed here was unduly suggestive?
California, United States of America
What is the initial burden of making a claim for unfair dismissal?
California, United States of America
Is there a general need to file a writ petition in criminal cases?
California, United States of America
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible?
MultiRegion, United States of America
Is a plaintiff entitled to the position she would have been if she had not been involved in an accident?
British Columbia, Canada
Is a bankrupt entitled to a tax refund from the trustee?
Alberta, Canada
What is the current state of the law on firearms possession in drug trafficking cases?
MultiRegion, United States of America
What is the admission received in a motion for settlement in a motor vehicle accident action?
"New York", United States of America
What is the test for consent of a defendant in a criminal case?
MultiRegion, United States of America
What evidence is required to establish an occupational disease?
Nova Scotia, Canada
What is the current state of the law in the context of the BIA?
MultiRegion, United States of America
What is the test for a disability discrimination claim?
California, United States of America
What is the test for the affirmative defense of settlement without a jury?
California, United States of America
Is Poppy's request for judicial notice of several demurrers filed by defense counsel in unrelated cases relevant?
California, United States of America
What is the test for implied malice in the description of a first degree felony murder?
California, United States of America
What is the test for a change in a spousal support order?
Ontario, Canada
What is the effect of section 237 of the California Code of Civil Procedure on the disclosure of juror names and telephone numbers?
California, United States of America
What is the test for prejudicial evidence in a civil case?
California, United States of America
What is the test for instructing a jury to consider whether to convict a defendant of a lesser-included offence in a civil case?
MultiRegion, United States of America
How has the Respondent argued that the Applicant has failed to provide any convincing evidence to support her claim for disability benefits?
Ontario, Canada
When is a motion for retainer to be brought before the registrar where it belonged?
British Columbia, Canada
What is the test for proving mail fraud?
MultiRegion, United States of America
Is a defendant's right to the assistance of counsel impaired when he removed his appointed trial attorney?
California, United States of America
What is the retroactive retroactive notice period for a child with learning disabilities?
Alberta, Canada
Is a ruling excluding third party culpability evidence abused for abuse of power?
California, United States of America
What is the effect of fleeing the scene of crime when confronted by the police?
California, United States of America
How has the court treated the issue of a motion to grant a continuance?
California, United States of America
What is the current state of the law in relation to the prosecution of an alleged terrorist organization?
MultiRegion, United States of America
How have the rules of voir dire been interpreted in the context of drug possession cases?
MultiRegion, United States of America
Does the Court have jurisdiction to hear an application for habeas corpus?
British Columbia, Canada
Can an employer recover attorney's fees expended to enforce a contract?
MultiRegion, United States of America
What is the test for making a statement at a public meeting?
California, United States of America
What is the legal test for misapprehension or mixed fact and law?
British Columbia, Canada
What is the current state of the law on human rights violations under the Eighth Amendment?
MultiRegion, United States of America
What is the effect of the contemporaneous objection rule?
MultiRegion, United States of America
What is the test for reducing the sufficiency of evidence in a sexual assault case?
California, United States of America
What role does a certified bargaining agent have in the enforcement of collective agreements?
Canada (Federal), Canada
What is the appropriate forum for resolving the issue of overtime wages?
British Columbia, Canada
What is the plain view doctrine in the context of a search and seizure?
MultiRegion, United States of America
Is there an obligation on a Public Prosecution Service officer to consider all the relevant and significant evidence available?
Canada (Federal), Canada
Can a court grant partial summary judgment on 3 of 19 insurance policies?
Ontario, Canada
Does an appellate court have to substitute a different view of evidence from the trial judge?
British Columbia, Canada
What is the test for a jury to determine whether a plaintiff has been successful in a civil case?
California, United States of America
In what circumstances will the court look to the substance of the transaction rather than the value of the transactions?
British Columbia, Canada
What is the current state of the law regarding plea agreements?
MultiRegion, United States of America
What is the test for parents who trust public schools with the education of their children?
MultiRegion, United States of America
What is the effect of dismissing defendants' spouses from the action?
MultiRegion, United States of America
What is the test for cross-examining at a defamation hearing?
British Columbia, Canada
What rights does a plaintiff have to inspect a jury list?
MultiRegion, United States of America
In what circumstances will the court uphold a stipulation that a husband and wife consented to having sex before the date of separation from each other?
California, United States of America
What is the test for a warrant to search a house without a warrant?
MultiRegion, United States of America
What is the current state of the law on prosecutorial vindictiveness?
MultiRegion, United States of America
What are the implications of a denial of a Rule 59(e) motion for abuse of discretion?
MultiRegion, United States of America
What is the definition of a “defence of a claim” and what is the effect of the claim?
Manitoba, Canada
What is the test for establishing a limit on the number of people who can live in a single-family home?
California, United States of America
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act?
Saskatchewan, Canada
