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.
Does section 654 of the California Criminal Code bar multiple punishments for separate crimes arising out of a single crime?
California, United States of America
Is a failure to instruct a defendant on a lesser included charge of battery reversible?
California, United States of America
What is the test for determining whether a strata has met reasonable expectations under a BCS Plan?
British Columbia, Canada
What are the rules of review in the context of a sexual assault case?
MultiRegion, United States of America
How have courts dealt with the lack of specificity in section 190.3 notice?
California, United States of America
What is the test for serving a notice of prohibition?
British Columbia, Canada
What is the test for a Rule 29 motion?
MultiRegion, United States of America
Does the District Court have jurisdiction to hear a motion to Dismiss on Double Jeopardy Grounds?
MultiRegion, United States of America
How have courts dealt with automatic ticket cases?
Saskatchewan, Canada
Does a defendant have to suppress his statements at trial on the grounds that they were involuntary?
California, United States of America
What is the test for determining whether a cause of action is barred by the exclusive remedy provisions of the workers' compensation law?
California, United States of America
In a combined hearing to address an application under the Director of Civil Forfeiture Act, how have the courts in BC dealt with these types of applications?
British Columbia, Canada
Is it improper for a prosecutor to offer assurances that a witness is credible or to suggest that evidence available to the government but not before the jury corroborates the testimony of the witness?
California, United States of America
What is the test for informing a person of a claim?
Nova Scotia, Canada
What is the test for a laches defense?
California, United States of America
What is the impact of the time limit on a plaintiff's rights?
Canada (Federal), Canada
What is the burden of proving by a preponderance of evidence that Echeverri was a minor participant?
MultiRegion, United States of America
What is the test for approval of a request by a mother to change custody to a different parent?
British Columbia, Canada
What is the test for admissible hearsay under section 1230 of the hearsay rule?
California, United States of America
What is the current state of the law on pre-indictment delay?
MultiRegion, United States of America
Does the common law principle, "First in time is the first in right" apply to third parties?
MultiRegion, United States of America
What is the current state of disclosure of a party's financial situation?
Ontario, Canada
What is the current state of the law on the doctrine of "willfully evading" in a motor vehicle case?
California, United States of America
Does attacking a military convoy constitute terrorist activity under section 1182 of the Terrorism Act?
MultiRegion, United States of America
What is the test for making a witness available for trial in a grand jury case?
"New York", United States of America
In what circumstances will a plaintiff be entitled to a reduction in the amount of fees awarded to defendants in a civil rights action?
MultiRegion, United States of America
What is the test for assignment of misconduct by a prosecuting attorney on appeal?
California, United States of America
What is the standard of proof required to establish cruelty in a civil case?
Saskatchewan, Canada
How have courts treated the word "medical services" in a medical malpractice case?
Alberta, Canada
Does the defence submits that the authorities did not comply with their obligation of fair and frank disclosure in disclosing information to the public?
Ontario, Canada
Does the jury need to find all the elements of the crimes to have been proven beyond a reasonable doubt?
California, United States of America
What is the test for reversal of a conviction for sexual assault?
California, United States of America
How have the courts in Wittenberg dealt with capacity, suspicious circumstances and undue influence?
Nova Scotia, Canada
What is the test for "clear and unambiguous" language in a contract?
MultiRegion, United States of America
When two opposing parties have the same motive to discredit the same witness at the same time, is the former testimony admissible?
California, United States of America
Is there an obligation to pay reasonable compensation for work done in the absence of a binding contract?
British Columbia, Canada
What causes of action exist for bad faith denial of insurance coverage?
California, United States of America
What is the test for dismissing a Three Strikes prior?
California, United States of America
What is the state of the law on peremptory challenges?
California, United States of America
Can the inevitable discovery doctrine be applied to improperly seized evidence in a criminal case?
California, United States of America
In what circumstances will a defendant be excused from making a further offer of proof on a quarrel between a defendant and a police officer?
MultiRegion, United States of America
Does a new set of rules for disposing of applications for abandonment need to be heard by a three-judge court?
MultiRegion, United States of America
Does the Defendant have to prove malice to prove he did not act out of the heat of passion?
California, United States of America
Does an indigent have a right to appointed counsel on appeal?
California, United States of America
What is the test for a requested instruction under the de novo standard of review?
California, United States of America
What is the current state of the law on sentencing for reckless driving?
MultiRegion, United States of America
What is the test for having a child in a childless marriage?
Alberta, Canada
What is the effect of an interim order on an interim motion?
Northwest Territories, Canada
What is the test for giving evidence in a criminal trial?
British Columbia, Canada
How have sections 180 and 181 of the Rules of Civil Procedure apply in a collision involving a pedestrian and a driver?
British Columbia, Canada
What are the consequences of signing and cashing fraudulent checks?
California, United States of America
Is there any case law where each party has to bear their own costs?
British Columbia, Canada
How have courts considered the meaning of s. 35(4)(b)(b) of the BC Code of Civil Procedure in the context of a modification of restrictive covenants?
British Columbia, Canada
What is the test for a motion for a new trial in a sexual assault case?
California, United States of America
What is the leading authority on causation in medical malpractice cases?
British Columbia, Canada
Can a defendant appeal from a judgment of conviction after a plea of no contest or guilty?
California, United States of America
Does a prosecutor have an independent judgment in filing a criminal complaint?
California, United States of America
Does a failure to respond to a properly filed grievance make remedies available?
MultiRegion, United States of America
What is the standard of review for a motion to disqualify from a hearing?
MultiRegion, United States of America
What is the test for a Section 1983 violation of the Eighth Amendment based on inadequate medical care?
MultiRegion, United States of America
What is the test for a confession to a person in authority?
Manitoba, Canada
What is the test for an application to set aside a Mareva injunction?
British Columbia, Canada
What is the test for remedial powers under s. 85 of the BC S.85(1) of the Rules of Civil Procedure and Procedure to amend a society's bylaws?
British Columbia, Canada
Is a defendant entitled to discovery of a police officer's confidential personnel records?
California, United States of America
What is the remittitur on defendant's appeal against the sentence of 2 and its section 12022.5 enhancement pursuant to section 654.54?
California, United States of America
What is the test for delivering an offer to settle?
British Columbia, Canada
Is a payor intentionally under-employed to evade child support obligations?
Ontario, Canada
What is the test for granting a refugee refugee a fair hearing?
Canada (Federal), Canada
Does a judge have discretion to depart from the applicable tariff on an award of costs?
Manitoba, Canada
What is the relationship between sections 825 and 825.2 of the California Criminal Code?
California, United States of America
Does the Court have jurisdiction to collect DNA profiles from arrestees, convicted offenders, and forensic evidence found at crime scenes?
California, United States of America
What are the findings of a federal court's denial of a habeas corpus petition de novo?
MultiRegion, United States of America
How has the US Supreme Court treated the issue of affirmative action in cases involving affirmative action?
MultiRegion, United States of America
What are the consequences of a jury finding a defendant guilty of a charge of assault with intent to pervert the course of justice?
California, United States of America
Can a motion for a new trial be denied because the clerk failed to mail notice of an order denying it to the parties?
MultiRegion, United States of America
What is the range of punitive damages awarded in motor vehicle accidents?
Ontario, Canada
What is the test for determining whether a defendant is competent to stand trial?
California, United States of America
What is the test for a jury to convict a sketch artist of sexual assault?
California, United States of America
What is a victim's right to return the value of property lost in a motor vehicle accident?
MultiRegion, United States of America
Is there any evidence of duress in this case?
California, United States of America
What are the implications of the First Amendment for the exercise of freedom of speech in prison?
MultiRegion, United States of America
How has the court treated the issue of parental ties in custody cases?
Prince Edward Island, Canada
What is the test for material non-disclosure?
Ontario, Canada
Does the test of reasonableness apply to whether a notice is misleading or confusing?
British Columbia, Canada
What is the effect of defendant waiving his right to counsel?
California, United States of America
Can a plaintiff bring a claim for wrongful termination in violation of public policy?
California, United States of America
Is a certificate of probable cause issued based on the denial of the section 995 motion an appealable order?
California, United States of America
In what circumstances will the court dismiss an appeal from an order denying a writ of mandate?
California, United States of America
What is the test for a finding of deliberation and premeditation and/or felony murder?
California, United States of America
How have courts considered a decision relied upon by counsel for counsel for the proposed defendant?
British Columbia, Canada
What is the test for enforceability of a contract where a misrepresentation or oral misrepresentation is misrepresented?
Ontario, Canada
What constitutes good cause for a last minute continuance in a personal injury case?
California, United States of America
Is a witness statement given at the request of a police officer privileged?
British Columbia, Canada
What is the impact of an error in a judge's judgment in a case where the error was found to be prejudicial?
California, United States of America
Is a party entitled to party and party costs?
Manitoba, Canada
Does a pro se pleading under the extradition statute have to be considered a "defect" in the context of the pleading?
MultiRegion, United States of America
Is there a medical deliberate indifference claim?
MultiRegion, United States of America
What is the test for establishing that a defendant's net worth prior to the time of trial?
MultiRegion, United States of America
Is urine testing in the presence of a government official or agent intrusive as intrusive as a strip search?
California, United States of America
What is the test for calculating the cost of future care for a person with dementia?
British Columbia, Canada
Can a jury construe a prosecutor's statements as statements based on information or evidence outside the trial record?
California, United States of America
Is there any case law supporting the principle that due diligence is fact-specific?
Ontario, Canada
What is the test for a trier of fact to be bound to believe even uncontradicted testimony of a witness?
California, United States of America
Is a plaintiff entitled to equal protection under the California Constitution and the Fourteenth Amendment?
California, United States of America
Does the absence of an informant prevent plaintiff from confronting the government in a civil case?
MultiRegion, United States of America
What is the test for a jury to convict a man of assault?
California, United States of America
Does the Court have jurisdiction to order that a plaintiff be heard before the Court of Appeal?
MultiRegion, United States of America
How is the reasonableness of attorney's fees calculated?
MultiRegion, United States of America
What are the elements of a cause of action for breach of fiduciary duty?
California, United States of America
What is the impact of past loss of earnings on future loss of earning capacity?
British Columbia, Canada
Does a defendant who does not fit a government profile for purposes of establishing that he is not a courier have a right to deny that he was a courier?
MultiRegion, United States of America
What is the test for a CRT finding that noise in a residential unit is unreasonable or nuisance?
British Columbia, Canada
What are the relevant paragraphs in the Weiler Affidavit?
Ontario, Canada
What is the state of the law in this case?
MultiRegion, United States of America
What is the test for sustaining an action on appeal against a finding of improper reasoning?
California, United States of America
What are the elements of the greater and lesser offenses of assault and mayhem?
California, United States of America
Can a motion judge strike a husband’s answer for failing to comply with financial disclosure orders?
Ontario, Canada
What is the test for a second or successive motion challenging a judgment or sentence in a criminal case?
MultiRegion, United States of America
How have courts interpreted the test for determining whether trial counsel acted or failed to act in the manner challenged on appeal?
California, United States of America
What are the costs of a supplementary decision in a personal injury case?
Ontario, Canada
What is the test for setting a deadline for responding to refused questions on discovery?
Ontario, Canada
What is the effect of the driveway privacy principle on a motor vehicle accident?
Ontario, Canada
Is there any case law where a defendant has been convicted of a drug-fuelled murder and convicted of the crime because the prosecution relied heavily on circumstantial evidence?
MultiRegion, United States of America
What is the test for due process in a civil case?
MultiRegion, United States of America
What is the test for determining whether a matter is a municipal affair or a state affair?
California, United States of America
What is the test for an elder abuse protective order?
California, United States of America
What is the difference between a failure to produce a measurable breath sample and later refusal to submit to a blood test?
California, United States of America
In what circumstances will a plaintiff not disclose the amount of a settlement made before trial?
Ontario, Canada
Is self-representation a ground for exceptionally lenient treatment at a personal injury hearing?
California, United States of America
What is the test for granting a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the test for a rational basis under the Fair Housing Act?
MultiRegion, United States of America
Is there a reasonable cause of action for harassment?
Manitoba, Canada
In what circumstances will the court impute income for the first time?
British Columbia, Canada
What is the test for a finding of insufficient evidence in a sexual assault case?
California, United States of America
Is a guilty plea an admission of each and every element required to establish the crime?
MultiRegion, United States of America
What is the test for the purpose of obtaining damages under section 1202.4(1) of the California Civil Code when a defendant has been found guilty of a sexual assault?
California, United States of America
What is the test for re-opening a trial to new evidence?
British Columbia, Canada
Can a party who sets down an action for trial proceed with a motion for leave to dismiss the motion because of the ongoing pandemic?
Ontario, Canada
What is the current state of the law on same-sex marriage?
MultiRegion, United States of America
Does petitioner's mental state mean that he committed a bizarre crime and, if so, is unable to communicate with counsel?
MultiRegion, United States of America
What is the test for malice by a public body?
Canada (Federal), Canada
Does a federal Indian statute apply to Indians?
MultiRegion, United States of America
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court?
Alberta, Canada
What is the effect of section 3343(a)(2) of the California Civil Code on a Defendant who defrauded the Defendant in a fraudulent claim?
California, United States of America
What is the common law test for a change in the amount of maintenance awarded by the Court of Appeal?
British Columbia, Canada
What is the effect of a motion to dismiss an appeal?
California, United States of America
Can a verdict be vacated on a motion for a new trial because of juror misconduct?
California, United States of America
What is the equitable defense of unclean hands?
MultiRegion, United States of America
What is the test for a successful applicant to obtain a dismissal of a personal injury action?
British Columbia, Canada
What is an award for attorney's fee pursuant to Section 1988(b) for abuse of power?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
In what circumstances will a court grant a motion for a change of venue?
California, United States of America
What is the test for a plea of not guilty by reason of insanity?
California, United States of America
Does the Attorney General have any grounds to challenge a medical marijuana application?
California, United States of America
How have courts dealt with a claim for occupational rent by a daughter against her occupying mother?
British Columbia, Canada
Does the terms of SB40 apply to sentencing in a case where the crime occurred before the crime was committed?
California, United States of America
Does the common fund doctrine presuppose that the court has authority to adjudicate the rights and duties of those with interest in the fund?
MultiRegion, United States of America
What is the test for substantial evidence in a criminal case?
California, United States of America
Can a plaintiff refer to a prior pleading in order to make a third amended complaint complete?
MultiRegion, United States of America
What is the proper course of action in a personal injury action?
British Columbia, Canada
Does a trial court have to admit a defendant's prior acts of misconduct for an abuse of discretion?
California, United States of America
What is the current state of the law on "willfulness" in a criminal statute containing an ambiguous "willness" element?
MultiRegion, United States of America
Does a plaintiff have a burden of demonstrating the missing elements of causation and injury?
California, United States of America
What is the legal test for dismissal of a senior manager who acts in a way that reveals aspects of character that make continued employment untenable?
Alberta, Canada
Can an inmate be charged with possession of marijuana in prison for a second, assaultive offense?
California, United States of America
In what circumstances will a court grant a plaintiff attorney fees if they are successful in their claim that they were the "catalyst" for the amendment of a city ordinance that prohibits firearms dealers?
California, United States of America
When will a minor who violates the criminal law be prosecuted in the juvenile court rather than the criminal court?
California, United States of America
What is the test for an involuntary confession in a criminal case?
California, United States of America
Does a defendant who has pleaded guilty to a charge under section 1203.03.4 of the Penal Code, and served time in prison for the same crime, receive any relief from the Court of Appeal?
California, United States of America
Is handcuffing and search of the vehicle a reasonable cause of arrest?
Alberta, Canada
Is it unfair or unconscionable to make an equal division of pre-marriage pension entitlements in shorter marriages, particularly those of five years or less?
Nova Scotia, Canada
Can a public school board recover from negligent misrepresentation pursuant to the principles set out in Hedley Byrne?
Alberta, Canada
Does the Attorney General have any authority to determine whether a trailer was locked within the meaning of section 459 of the Penal Code?
California, United States of America
Is there any evidence that any records have gone missing?
Ontario, Canada
What is the current state of the law on the duty of consult with first nations?
British Columbia, Canada
Is a common law rule that a wife may not sue the husband in tort enforceable?
California, United States of America
How has section 654 of the California Penal Code been interpreted and interpreted by the courts?
California, United States of America
Is the evidence of medical malpractice prejudicial?
MultiRegion, United States of America
What is the difference between a broker and a financial advisor?
California, United States of America
Does a defendant have to prove that he was denied due process by a prosecutor who improperly suggested that his girlfriend died of a drug overdose?
MultiRegion, United States of America
What obligation does a lower court judge have in the context of Sellars?
British Columbia, Canada
Is there any case law supporting an allegation that defendant failed to submit an appeal to the Court of Appeal?
MultiRegion, United States of America
Is evidence that describes the involvement of several travel agencies not named in the indictment admissible as evidence of the same crime?
MultiRegion, United States of America
What is Economical's case law on security for costs?
Nova Scotia, Canada
What is the test for reasonable doubt instructions in a sexual assault case?
MultiRegion, United States of America
What is the effect of a federal court finding that a criminal suspect's statement to law enforcement officers was voluntary?
MultiRegion, United States of America
What is the quantum of a lawyer's fees?
Ontario, Canada
Can a director of a company be held liable for oppression if the director of the company acts in bad faith?
Ontario, Canada
What are the implications of a federal court's interpretation and application of sentencing guidelines de novo?
MultiRegion, United States of America
Does ICBC need to conduct a full trial with cross examination of the experts?
British Columbia, Canada
Does a motion for a new trial constitute an abuse of discretion?
California, United States of America
What is the test for admitting expert testimony in a medical malpractice case?
California, United States of America
What is the test for judicial independence?
Alberta, Canada
What is the test for abuse of trial court decisions concerning the admissibility of evidence?
MultiRegion, United States of America
What is the test for appeal from a preliminary injunction for abuse of discretion?
California, United States of America
What is the role of the solicitor in presenting the case?
British Columbia, Canada
What is the test for determining fair market value in a motor vehicle accident case?
California, United States of America
Can a child of the marriage pursue post-secondary education?
British Columbia, Canada
What factors will be considered by the courts when entering a default judgment?
MultiRegion, United States of America
What is the elements test for a lesser form of a greater crime?
California, United States of America
