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.
Can a purse be searched at the police station?
California, United States of America
Does Section 1237.5 of the California Criminal Code apply following a guilty or no contest plea?
California, United States of America
What is the test for review of the unchallenged admission of evidence in a criminal case?
California, United States of America
What is the test for abuse of evidentiary matters?
California, United States of America
When will a court refer to a prior pleading in order to make plaintiff's amended complaint complete?
MultiRegion, United States of America
What is the effect of a construction theory approach on a construction contract?
Saskatchewan, Canada
Does knowledge that a crime is being committed constitute aiding and abetting?
California, United States of America
Can a deposition be videotaped live?
British Columbia, Canada
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching?
California, United States of America
What is the test for an application to set aside an interim order?
Saskatchewan, Canada
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction?
MultiRegion, United States of America
Can a Rule 12(b)(1) motion for lack of subject matter jurisdiction be used to attack the substance of a complaint's jurisdictional allegations?
MultiRegion, United States of America
What is the meaning of the reasonable licensee defense under section 1424 of the Health and Social Care Licensing Act?
California, United States of America
What is the test for disclosing material exculpatory evidence in a criminal case?
California, United States of America
What is the consequence of defendant failing to file a supplemental brief on appeal?
California, United States of America
What is the burden of proving ineffective assistance of counsel?
California, United States of America
What is the test for giving a jury an instruction on involuntary manslaughter?
California, United States of America
When will a defendant be able to argue that his attorney objected to the reference in argument?
California, United States of America
What are the economic consequences of the breakdown of a marriage?
Manitoba, Canada
How does the hearsay rule apply to prior statements of a testifying witness?
"New York", United States of America
What is a reasonable expectation of privacy in a private residence?
British Columbia, Canada
Does the alleged defectiveness of the predicate notice and Petition constitute a "jurisdictional defense"?
"New York", United States of America
What is the applicable law in the case of a tort where the tort was committed by the same place?
Ontario, Canada
What is the test for a guilty plea under Rule 11 of the Criminal Code?
MultiRegion, United States of America
What is the evidentiary burden to prove that a statute has a discriminatory effect on interstate commerce?
MultiRegion, United States of America
Does a nickel prior imposed under section 667, subdivision (a) need to be vacated as to count 2?
California, United States of America
Does the federal court have a "virtually unflagging obligation" to exercise its jurisdiction?
MultiRegion, United States of America
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn?
Alberta, Canada
What is the test for overturning a finding of false imprisonment?
California, United States of America
What is the test for establishing a permanent consequential limitation of use of a body member or function?
"New York", United States of America
What is the state of the law on the appeal of a finding of fact?
California, United States of America
What is the limitation on multiple defendants in a personal injury case?
Saskatchewan, Canada
What is the burden of proving a cause of action against defendants?
California, United States of America
What is the current state of the law on the basis of a potential conflict of interest?
California, United States of America
What are the elements of equitable estoppel?
MultiRegion, United States of America
What is the difference between a request for a psychiatric assessment and an independent medical assessment?
British Columbia, Canada
What is the standard of review in a motion seeking to overturn a decision made by the Court of Appeal in the absence of a hearing?
California, United States of America
What is the test for standing in a civil action against a statute that violates a citizen's constitutional rights?
California, United States of America
What is the standard of review for a defendant's insufficiency claim?
California, United States of America
Does a satisfaction of judgment end a litigant's right to appeal the order or judgment?
California, United States of America
In what circumstances will a police officer be permitted to explain to a suspect that they want to waive their Miranda rights?
California, United States of America
What is the effect of the community caretaker exception to the search warrant requirement?
California, United States of America
What is the test for brandishing a weapon under the elements test of assault with a deadly weapon?
California, United States of America
What is the real complaint of the petitioner in her application for a reduction in the amount of maintenance paid by the respondent?
British Columbia, Canada
What is the test for a certificate of appeal to review a finding that a jury's instructions were deficient in describing the elements of a crime?
MultiRegion, United States of America
Does the rule of lenity apply to a defendant convicted of possession of prescription drugs after the death of a patient?
California, United States of America
What is the test for a driver's failure to yield right-of-way to a pedestrian?
California, United States of America
What is the test for abandonment of property under the Fourth Amendment?
MultiRegion, United States of America
Is a defendant prejudiced by delays or other forms of impairment of defence evidence?
Canada (Federal), Canada
Does Section 1252(h) of the Immigration Code apply?
MultiRegion, United States of America
What is the test for determining the meaning of "the meaning of the statute" in law?
California, United States of America
What is the test for determining whether an error contributed to a verdict in a case?
California, United States of America
Does a defendant have a right to appeal against his sentence for a strike under section 1385 of the Criminal Code?
California, United States of America
What is an obligation of a dismissed employee to mitigate the losses arising from her dismissal by taking the steps that a reasonable and prudent person would take to find employment?
British Columbia, Canada
Does rule 15 (14) (b) extend beyond mere clerical errors or accidental slips or omissions in the preparation of the formal order of the court?
Ontario, Canada
Is it improper for a police officer to render an opinion about whether a child is telling the truth?
California, United States of America
What is the test for an interpretation of the California Civil Code of Civil Procedure?
California, United States of America
What is the test for the affirmative defense in a civil case?
MultiRegion, United States of America
What is the duty of a third party to provide financial information to a customer in breach of an insurance contract?
Alberta, Canada
What is the test for establishing that a right to keep and bear arms is a fundamental, individual right?
MultiRegion, United States of America
Does an instruction in a personal injury case have to be amended or amended for failing to include additional language about the meaning of property?
California, United States of America
What is the test for determining relevance of evidence in a civil case?
California, United States of America
What is the importance of providing an occupancy certificate and a home sufficiently completed for occupancy?
Ontario, Canada
What is the test for obtaining a search warrant to search an individual's home?
MultiRegion, United States of America
What is the test for diminished earning capacity?
British Columbia, Canada
Does a plaintiff have any claim that he was ordered to pay fees charged by the children's attorney?
California, United States of America
Can terminating sanctions be imposed for failure to comply with a prior order to pay monetary sanctions?
California, United States of America
What is the test for having a witness to state their opinion that their opinion is flawed?
California, United States of America
Can a will be interpreted without any reference to the property upon which the will was made?
California, United States of America
What is the test for determining whether a city has been found guilty of negligence in relation to loss of glass?
Saskatchewan, Canada
Is it appropriate for a plaintiff to attach a full transcript of an examination to a searchable document?
British Columbia, Canada
Does a guilty plea constitute a conviction within the meaning of section 667?
California, United States of America
What is the test for alleging conspiracy in a breach of contract action?
Ontario, Canada
Can a defendant challenge an accusatory pleading by pleading pursuant to section 1004 of the California Code of Civil Procedure?
California, United States of America
What is the legal test for a defendant to be found guilty of murder by lying in wait?
California, United States of America
Does the burden of proof need to be reviewed de novo?
MultiRegion, United States of America
What is the test for a claim for care, guardianship and companionship in the context of a young child's loss of a parent?
British Columbia, Canada
In what circumstances will the court reverse its instruction that a defendant was in conscious possession of recently stolen property?
California, United States of America
Is employment in law enforcement sufficient to prove bias on a jury?
MultiRegion, United States of America
What are the basic principles of spousal support under BCSC law?
British Columbia, Canada
What is the legal test for intent to set up a criminal gang?
California, United States of America
What is the test for determining whether an error in judgment is harmless?
California, United States of America
Does a co-owner of a copyright have to account to other co-owners for any profits they earn from licensing or use of the copyright?
MultiRegion, United States of America
Can a summary judgment be granted in a contested estate matter?
Ontario, Canada
What is the guiding principle in the interpretation of a release?
Ontario, Canada
What is undue influence and what is the test for it?
California, United States of America
Does a convicted person have to serve the entire sentence imposed on him?
MultiRegion, United States of America
Does an extradition treaty prohibit government authorized or sponsored kidnapping of an individual from the jurisdiction of one of the signatory nations for the purpose of trying him in the courts of the other signatory nation?
MultiRegion, United States of America
Is a motion denying a motion to vacate a default judgment nonappealable?
California, United States of America
What is the standard we apply in reviewing a denial of a motion to suppress?
California, United States of America
Is a solicitor entitled to a bonus in the event of success?
Alberta, Canada
What is the effect of a modified categorical approach to determining whether a person has a valid claim?
MultiRegion, United States of America
In what circumstances will a spouse who is not a spouse be able to claim an interest in her partner's property?
Alberta, Canada
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review?
MultiRegion, United States of America
What is the test for a motion of no confidence in a defendant's right to a speedy trial?
"New York", United States of America
What is the consequence of Rule 9-1(4) of the Rules of Civil Procedure when a plaintiff loses at trial?
British Columbia, Canada
How is child support calculated under the Child Support Act?
"New York", United States of America
What is the impact of stress on a lawyer's conduct?
Ontario, Canada
What is the test for a sexual assault allegation?
California, United States of America
What is the "ordinary reasonable driver" standard for a municipality's duty of repair?
Ontario, Canada
Does the District Attorney's failure to comply with a mandatory file pursuant to the California Criminal Code Act invalidate the application?
California, United States of America
Can a caisson be removed from the bottom of tidal waters?
Nova Scotia, Canada
What is the test for privacy rights under the Fourth Amendment?
MultiRegion, United States of America
Is sniffing for marihuana a search within the meaning of Section 8 of the Charter?
British Columbia, Canada
Is there any evidence that a claimant was still working for her employer during the period for which she claimed disability benefits?
Canada (Federal), Canada
What is the effect and operation of consent forms in chiropractic treatment?
Alberta, Canada
What is the effect of imputed income on a spousal and child support order?
British Columbia, Canada
Does a court's instruction lightening the prosecution's burden of proof violate the accused's right to a jury trial?
California, United States of America
What authority does a solicitor have to bind a client?
Ontario, Canada
What is the current state of the law on the doctrine of "ordinary rules of evidence" in civil litigation?
California, United States of America
How have courts interpreted an instruction in a motor vehicle accident case in which a defendant was ordered to stop at a crosswalk?
California, United States of America
What is the duty of a defendant to disclose or deny information to a plaintiff?
MultiRegion, United States of America
Does section 452 of the Criminal Code of Ontario contain an exception in subsection (2) of the Code of Civil Procedure, or does the caveat in subsection 452 apply?
California, United States of America
What are the elements of lying in wait and what are the implications of this instruction?
California, United States of America
What is the test for annexation of property?
Alberta, Canada
When a grantor signs a deed and gives it to his attorney with directions that it should be given to the grantee, does the grantor still have control of the land?
California, United States of America
Is privileged material waived through inadvertent disclosure?
Ontario, Canada
Does section 1202.4 of the California Penal Code require a defendant to prove their ability to pay the fine?
California, United States of America
Is confrontation clause violation involving unconfronted, incriminating statements of an accomplice harmless beyond a reasonable doubt?
California, United States of America
How has consent been interpreted in the context of a search warrant application?
California, United States of America
How is the Rule of Civil Procedure applied when a judge orders a trial without a jury?
Ontario, Canada
Is it appropriate for a child to pursue full-time employment during the academic year?
Ontario, Canada
What is the meaning of the term "discretionary discretion" in the context of personal injury cases?
MultiRegion, United States of America
After striking two of three prior felony convictions alleged as strikes, can a judge strike again?
California, United States of America
Does the open court principle require that information be placed in the public file?
Canada (Federal), Canada
Does defendant register a protest to the omission to charge with respect to the agency defense?
"New York", United States of America
Does the doctrine of affirmative nondisclosure and concealment in an attorney malpractice action apply to a plaintiff in a civil case?
California, United States of America
Is the sufficiency of an indictment reviewed de novo?
MultiRegion, United States of America
What is the legal test for a motion for a new trial premised on denial of constitutional rights?
California, United States of America
What is the test for aboriginal title in s. 35(1)?
Canada (Federal), Canada
How have courts treated the absence of evidence of consent in a sexual assault trial?
California, United States of America
How have courts interpreted the Miranda rights in the context of criminal cases?
California, United States of America
In what circumstances have courts granted relief from the statutory filing fee?
California, United States of America
How have courts interpreted the proposition that the use of a car by a plaintiff in a motor vehicle while driving?
California, United States of America
What are the elements of a joint venture?
California, United States of America
Is there any authority for the proposition that a long-term marriage will result in an equal standard of living for all spouses?
British Columbia, Canada
What is the test for a motion for a retrial based on newly discovered evidence?
California, United States of America
What is the definition of an offence for possession or possession of a firearm?
California, United States of America
Is a jury presumed to have followed the judge's instructions?
MultiRegion, United States of America
What is the case law on surreptitious recording of telephone conversations in a family law case?
Ontario, Canada
Is a criminal conviction a crime of violence and therefore an aggravated felony rendering an alien removable?
MultiRegion, United States of America
What is the test for re-examining evidence in a sexual assault case?
California, United States of America
What is the risk of contracting COVID-19?
Ontario, Canada
What is the test for a motion for a new trial based on jury misconduct?
California, United States of America
Does the sale of real property in foreclosure constitute a voluntary sale for purposes of income tax purposes?
California, United States of America
Does a probation condition that is not related to the underlying crime or future criminality need to be considered to be rehabilitated?
California, United States of America
What is the test for premeditation and deliberation in a murder case?
California, United States of America
Is a plaintiff entitled to the public expense of counsel at public expense in a civil action for personal injury?
California, United States of America
What is the test for providing 48 hours notice of a criminal contempt hearing?
MultiRegion, United States of America
Does the Court of Appeal have any authority to overturn a final disposition?
"New York", United States of America
Can a municipality be indemnified for costs incurred in defending a slander action?
Saskatchewan, Canada
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury?
California, United States of America
What are the elements of a disparate treatment case?
MultiRegion, United States of America
Does a plaintiff have a constitutional right to appointed counsel in this action?
MultiRegion, United States of America
What is the appropriate sentence for a defendant convicted of two counts of sexual assault against a minor?
California, United States of America
What is the test for determining whether a defendant is mentally unfit to stand trial?
MultiRegion, United States of America
What is considered disabled for purposes of disability benefits?
MultiRegion, United States of America
What is the legal test for an employer policy allowing employees to use a firearm for self-defense?
MultiRegion, United States of America
Can new evidence be said to be adduced with reasonable diligence?
Newfoundland and Labrador, Canada
What are the elements of a criminal gang's primary activities?
California, United States of America
What are the principles governing the application of s. 105 of the Societies Act?
British Columbia, Canada
What is the test to prove a violation of an inmate's right to access to the courts?
MultiRegion, United States of America
What is the test for determining whether a defendant has the ability to pay attorney fees?
California, United States of America
Does the assertion of unconsciousness due to intoxication constitute an absolute defense to a general intent crime?
California, United States of America
What is the Miranda right of a defendant who has not been questioned in custody?
California, United States of America
What is the test for overturning an attempted murder conviction?
California, United States of America
What is the test for a conviction under section 654 of the California Criminal Code for the assault of a former girlfriend's home?
California, United States of America
What is the test for the application of s. 1(b) of the Bill of Rights?
Ontario, Canada
What is the test for setting out the facts in the context of a plaintiff's claim?
California, United States of America
What is the basis for an independent review of the record?
California, United States of America
What is the effect of Li v. Yellow Cab's rule of pure comparative negligence on multiple parties?
California, United States of America
What is the current state of the law on the right to make public criticism of the government policy?
Canada (Federal), Canada
In what circumstances will a court find a golf driving range liable in nuisance?
Manitoba, Canada
What is the standard of review for a preliminary assessment of a human rights complaint?
British Columbia, Canada
In what circumstances will a defendant be permitted to attack the legality of the adjudication of the death penalty?
California, United States of America
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right?
Saskatchewan, Canada
Do victims of organized crime constitute a particular social group?
Canada (Federal), Canada
Can a plaintiff's flight and cabin crew members claim compensation for an injury while working in the province?
British Columbia, Canada
What is the test for unconscionable conduct in the context of a divorce?
Ontario, Canada
Is evidence at an administrative hearing to reinstate physician's privileges subject to involuntary disclosure in a civil action seeking damages?
California, United States of America
How have courts interpreted the term "excusable neglect" in the context of employment law?
California, United States of America
What is the test for determining guilt in a criminal trial?
California, United States of America
Is a defendant's sentence challenge based on Penal Code section 654 a challenge that affects the validity of his no contest pleas?
California, United States of America
Can a teacher who makes a negative performance review against the teacher also sue the teacher for defamation?
Ontario, Canada
Can a plaintiff's pleadings be amended to add plaintiffs after the expiry of the limitation period?
Ontario, Canada
What is the test for a state to regulate the possession of loaded firearms on government premises?
California, United States of America
Is a domestic violence victim unreliable or unreliable witness?
California, United States of America
Is there any case law where a juror in a civil case was allegedly heard telling another juror that they had made up their minds already?
California, United States of America
Is impecuniosity accepted as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury?
British Columbia, Canada
What are the damages for lost opportunities?
British Columbia, Canada
Does defendant have a right to act as his own counsel?
California, United States of America
Does an administrative body have a right to deny an application for a permit?
"New York", United States of America
Is a defendant entitled to an ineffective assistance of counsel claim because his attorney failed to properly advise him of the consequences of his guilty plea?
California, United States of America
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in the context of an equalization claim?
Ontario, Canada
How have competing experts been treated in the context of a jury trial?
Alberta, Canada
Is the denial of a petition for habeas corpus on the grounds that it is successive or abusive?
MultiRegion, 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 test for a claimant's claim for spousal support?
British Columbia, Canada
Is a jury's failure to give sua sponte unanimity a reversible error?
California, United States of America
