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 defendant to plead guilty to the crime of first degree murder?
"New York", United States of America
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections?
California, United States of America
Is a lesser offence included within a greater offence?
California, United States of America
What is the test for prejudice in the context of the admission of false testimony in a civil case?
California, United States of America
Are there any federal decisions that determine whether a search warrant is valid at a border search?
California, United States of America
Does a limiting instruction need to be made at trial?
California, United States of America
Can a complaint be accepted on the basis of prejudice?
British Columbia, Canada
What is the test for determining whether there was any error in a jury trial?
California, United States of America
What is the test for establishing and complete a new novation under a new contract?
British Columbia, Canada
Does a shareholder's contribution to a cooperative housing association constitute a contribution to the cooperative?
MultiRegion, United States of America
Does a adverse ruling by a trial judge constitute judicial bias?
California, United States of America
What is the test for establishing a claim for personal injury in a personal injury case?
British Columbia, Canada
Can successful applicants in a case of the same kind be awarded costs in any event of the cause?
British Columbia, Canada
Can a defendant be convicted of both burglary and receipt of stolen property?
California, United States of America
What is the effect of a transfer when determining fraudulent intention?
British Columbia, Canada
In what circumstances will a court admit that two documents sworn and filed in connection with an application for a protection order contain allegations that the complainant may have been influenced by their mother?
British Columbia, Canada
What is the test for a claim-of-right defense?
California, United States of America
Is an injured police officer medically unfit to testify in court?
"New York", United States of America
What is the current state of the law on the treatment of pets by the courts in the context of the Henderson decision?
British Columbia, Canada
What is the test for remedial discretion?
Saskatchewan, Canada
Does a defendant have the right to be present at discussions which occur outside the presence of the jury?
California, United States of America
What is the statute of limitations for an action against a notary in his official capacity?
California, United States of America
Can an individual who is not a defendant in an action brought in the county where the action was commenced be allowed to change venue?
California, United States of America
What is the legal test for making findings contrary to the California Coastal Commission review?
California, United States of America
What is the test for re-examining a jury's verdict in an attempted robbery case?
California, United States of America
What is the legal test for intellectual disability?
California, United States of America
Does Tedder have a constitutional right to be conditionally released from prison before his valid sentence expires?
MultiRegion, United States of America
When will a court order the removal of a child from the UK under the Child Support Guidelines?
British Columbia, Canada
Can a jury overturn a finding of competence by a jury that found a defendant incompetent to stand trial?
California, United States of America
In what circumstances will a jury at a murder trial consider whether to reduce the severity of the aider and abettor's sentence to a lesser degree of second degree murder?
California, United States of America
What is the effect of incorrect voir dire instructions in a murder trial?
California, United States of America
Can a peace officer enter a person's home to execute an arrest warrant?
California, United States of America
Does the confrontation clause apply to a witness who is unable to recall their previous statements?
California, United States of America
What is the test for deductible expenses in the context of business tax?
Canada (Federal), Canada
What are the requirements for an application to be heard by a hearing panel to state that an applicant has undergone a meaningful change and rehabilitation of their character?
Ontario, Canada
What is the standard of patent unreasonableness?
Canada (Federal), Canada
Is a plaintiff’s injury when there are multiple causes?
British Columbia, Canada
What is the test for a spouse to vary spousal support?
Ontario, Canada
Does a defendant have an absolute right to refuse the test until the attorney arrives at the precinct?
"New York", United States of America
Does the exclusionary rule apply to a defendant whose Fourth Amendment rights have been violated?
California, United States of America
Is there any case law where a prosecution witness was on probation at the time of his testimony?
California, United States of America
How has the doctrine of triviality been interpreted in motor vehicle accident law?
"New York", United States of America
How have courts treated the use of inflammatory and/or inflammatory statements by a prosecutor at a murder trial?
MultiRegion, United States of America
Can a defendant bring a motion for vacatur based on an erroneous jury instruction?
MultiRegion, United States of America
In the context of constructive trust, how have the courts in Canada treated constructive trusts?
British Columbia, Canada
Is Sindell a burden shifting case?
California, United States of America
What is the test for terminating a trust?
Prince Edward Island, Canada
What is the test for proper application of the rules of evidence in a civil case?
California, United States of America
How have courts interpreted the principle that no statute is violative of the Constitution when it has a legitimate object?
California, United States of America
What is the test for admitting or denying evidence of uncharged misconduct in a criminal case?
California, United States of America
What is the effect of the Rules of the 1884 in England on the amount of income that can be made out of a lump sum?
Ontario, Canada
What is the state prosecutor's argument that only the testimony of a single witness is sufficient for the proof of any fact?
California, United States of America
Can a motion to dismiss dispose of claims in a federal habeas corpus proceeding on procedural grounds?
MultiRegion, United States of America
Is a person who does not pay support when that is neither asked for nor wanted?
British Columbia, Canada
What is the "difficulty" level of difficulty of a proceeding?
British Columbia, Canada
Does an employer need to have a "special mission" present when an employee gives a colleague a ride home?
California, United States of America
In what circumstances will a defendant be able to continue to defend against the charges against him?
California, United States of America
Does a learned Master have a right to use the word "instructions" as a privileged word?
Ontario, Canada
What is the test for a plaintiff to have to prove that there is insufficient relevant evidence to support its claim?
Manitoba, Canada
Does time remain of the essence in a real estate transaction?
Alberta, Canada
What is the state of the law on privacy rights in the context of privacy legislation?
California, United States of America
What is the test for assessing a person as an occupant of a Crown land?
Saskatchewan, Canada
What is the test for finding a witness unavailable at trial?
MultiRegion, United States of America
Does the Miranda rule apply to investigative questioning during a brief stop and frisk?
"New York", United States of America
What is the test for "well-founded fear" of persecution in an asylum application?
MultiRegion, United States of America
What are the options available to a client who has been advised by their lawyer that their lawyer is in breach of their fiduciary duty?
Canada (Federal), Canada
What is the standard of correctness of an analyst's decision concerning the sufficiency of the evidence submitted by an applicant to confirm their citizenship?
Canada (Federal), Canada
Does the defaulting employer have the onus of demonstrating that the employee failed to make reasonable efforts to find an alternative employment?
British Columbia, Canada
What is the test for "measur[ing" a Fourth Amendment suppression ruling?
California, United States of America
What is the state of the law on privacy in the context of privacy rights?
Newfoundland and Labrador, Canada
What is the test for striking a pleading in the Superior Court of Justice?
Ontario, Canada
What is the test for the classic double bind?
Saskatchewan, Canada
Is a defendant obligated to protect a plaintiff from harm as a result of their actions?
California, United States of America
What is the state of communication between the parties in a shared parenting arrangement?
Prince Edward Island, Canada
What are the factors supporting the argument that section 926A of the Civil Rights Act creates an individual federal right to possess and carry a firearm?
MultiRegion, United States of America
What is the test for a waiver of the right to jury trial of special circumstance allegations?
California, United States of America
What is the test for federal habeas relief under the AEDPA?
MultiRegion, United States of America
What is the test for accessory to a crime?
California, United States of America
Under what circumstances will a motion to reduce alimony be denied?
California, United States of America
Does a city council's approval of a ban on same-sex marriage constitute a constitutional violation?
MultiRegion, United States of America
What is the test for dismissing an employee for cause?
British Columbia, Canada
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation?
California, United States of America
What is the history of a defamation action against the Church of Scientology?
Canada (Federal), Canada
Does a manufacturer have the right to manufacture an inherently dangerous article?
Ontario, Canada
Is a defendant entitled to a motion to dismiss one or both of his strikes for purposes of sentencing?
California, United States of America
What is the legal test for an attorney to enforce a contract in which a client is entitled to an attorney's compensation?
California, United States of America
What is the evidence of tortious conspiracy?
British Columbia, Canada
What are the elements of promissory estoppel?
California, United States of America
Does a single drive-by shooting constitute a street terrorism crime?
California, United States of America
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs?
British Columbia, Canada
What is the impact of having to refer a complaint to a committee of inquiry for professional misconduct?
Saskatchewan, Canada
Can a tribunal accept an agreement between the parties as to part or all of the issues it has to decide?
Ontario, Canada
Does the general rule that an ambiguous taxing statute must be construed strictly in favour of the taxpayer apply only to administrative interpretations of the ambiguous tax statutes?
California, United States of America
What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment?
MultiRegion, United States of America
What is the reasonableness standard for a Minister to make a decision in respect of Charter rights?
British Columbia, Canada
What is the process an employer must follow in exercising discretionary leave due to winter storms?
Canada (Federal), Canada
What is the test for making a restitution order for a hit-and-run driver?
California, United States of America
On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action?
California, United States of America
How have the courts treated a subpoena for in camera review of records submitted to the Court of Appeal?
California, United States of America
Does a Minister have an obligation to disclose a Memorandum to the Applicant so that the applicant can file a rebuttal?
Canada (Federal), Canada
In what circumstances will the court award attorney fees to plaintiffs who have failed in their other causes of action?
California, United States of America
Third, Does a minor have to rely on a search warrant or other search warrant?
California, United States of America
What is the ultimate limitation of leave to begin or to continue an action?
Manitoba, Canada
Does defendant have good cause to withdraw his plea?
California, United States of America
What is the standard of care of a primary school?
British Columbia, Canada
What is the test for proving that a corporation’s pre-tax income is not available for support?
British Columbia, Canada
What is the evidentiary burden on those attacking a will?
Alberta, Canada
What is the test for personal jurisdiction in a motor vehicle accident?
MultiRegion, United States of America
Can a court award an attorney's fee to the prevailing party in a copyright action?
MultiRegion, United States of America
What is the test for a defendant to argue that the court erred in its instruction to the jury in an assault case?
California, United States of America
Can a defense counsel raise a timely objection or admonition from the trial court to disregard improper comments made by the prosecution?
California, United States of America
Can a defendant withdraw a plea of guilty on the basis of new evidence?
California, United States of America
What is the test for determining a reasonable attorney's fee?
California, United States of America
How have appellate counsel reviewed the record in a personal injury case?
California, United States of America
What is vicarious liability for an employer in a personal injury claim?
British Columbia, Canada
What is the test for determining whether a debtor is insolvent to the knowledge of his creditor?
Ontario, Canada
What is the test for a plaintiff to claim damages for past loss of income?
British Columbia, Canada
What is the test for striking a class action against two credit reporting agencies?
Ontario, Canada
Can a plaintiff premise an equal protection claim on an allegation that he is a member of a "class of one"?
MultiRegion, United States of America
What is the test for a guilty plea under Rule 11 of the Criminal Code?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a petition brought by the Department of Justice against the US Department of Health and Social Security?
MultiRegion, United States of America
What is the test for a warranty in a commercial contract?
Ontario, Canada
Does the trial court abuse its discretion to exclude a defendant from the jury instruction on gross vehicular manslaughter while intoxicated?
California, United States of America
What is the effect of a decision by the Law Society of BC Discipline Committee to suspend a lawyer from practice for a one-month suspension?
British Columbia, Canada
Can a municipality be held liable for gross negligence for failing to respond to a citizen’s warning that children were slipping on icy sidewalks?
Ontario, Canada
What is the test to determine gross negligence?
New Brunswick, Canada
What is the impact of a failure to provide sufficient facilities at all times to try every criminal defendant?
California, United States of America
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding?
Ontario, Canada
Does a minor's actions in self-defense constitute self-defence?
California, United States of America
What are some cases where a court has found that a plaintiff is not at fault for the cause of action?
British Columbia, Canada
What is the test for maintaining a public office in the city of Ottawa?
Ontario, Canada
Does the relation-back rule apply to add an additional plaintiff?
California, United States of America
Does the double jeopardy clause apply in a drug case?
California, United States of America
What is the current state of the law on the test for reasonable and probable grounds for charging with sexual assault?
Ontario, Canada
Is it a breach of procedural fairness for a visa officer to consult the notes and rejection letter of a previous visa officer?
Canada (Federal), Canada
What constitutes an overt act in an attempted murder?
California, United States of America
In re-examining a finding that a probation officer's social study report prejudiced a hearing, how have the courts interpreted the social studies reports?
California, United States of America
What is the current state of the law on police search and detention of the occupants of a home during a search and arrest?
California, United States of America
Does the Owner of a Strata Plan LMS 888 have to make a representative claim in negligence?
British Columbia, Canada
In a multi-party litigation, can a judge give judgment for or against individual defendants?
British Columbia, Canada
What is the test for obtaining a search warrant for an alleged drug dealer based on a tip from a confidential informant?
MultiRegion, United States of America
Is there only one crime for receiving stolen property?
California, United States of America
What is the current state of the law in relation to the interpretation of section 307(b) of the Clean Air Act?
MultiRegion, United States of America
What is the test for a jury to find a defendant guilty of manslaughter in a sexual assault case?
California, United States of America
What is the scope and duration of a police stop?
MultiRegion, United States of America
Does an arbitrator agree that he was functus on the issue of scale of costs to be awarded?
Ontario, Canada
In what circumstances will a plaintiff be able to bring a claim against a prosecutor?
British Columbia, Canada
When faced with a settlement agreement, when will the courts depart from the terms of that agreement?
Canada (Federal), Canada
In a personal injury case, what is the standard of argument in a defendant's opening brief?
California, United States of America
What is the role of a judge in the context of a civil trial?
MultiRegion, United States of America
What is the reason why defense counsel declined to call an eyewitness identification expert?
California, United States of America
How do you avoid a demurrer by filing an amended complaint suppressing facts which proved fatal to the original complaint?
California, United States of America
What is the test for interim relief on an oppression claim?
British Columbia, Canada
What is the test for sufficiency of evidence in an assault case?
California, United States of America
Can an expired criminal conviction be considered "in custody" for purposes of a habeas application?
MultiRegion, United States of America
Is an employer entitled to a cost of action against an employee who sued for retaliation against the employer?
California, United States of America
What is the effect of a defendant's failure to specifically object on the basis of authentication?
California, United States of America
What factors are considered in the assessment of 'industry standards'?
Ontario, Canada
What is the test for a jury trial in a workers' compensation case?
California, United States of America
Does a seller misrepresents the condition of a car before selling it?
British Columbia, Canada
How have the courts interpreted the doctrine of exhaustion of state remedies in the context of federal habeas corpus?
MultiRegion, United States of America
What is the test for determining whether a defendant can be convicted of a robbery where the victim positively identified the perpetrator?
California, United States of America
What is the test for a servant to be held accountable to his master for making a profit out of his position as a servant?
British Columbia, Canada
What is the "rational basis" test for determining whether a statute has a permissible purpose?
"New York", United States of America
What is the test for a medical malpractice case?
British Columbia, Canada
What if a criminal conviction had been reduced to a misdemeanor under section 17(b) of the California Penal Code?
California, United States of America
What is the test for reasonableness of an Arbitrator’s Award?
Manitoba, Canada
What is the test for dismissing a complaint under the FDCPA?
MultiRegion, United States of America
Is a motion under Rule 17(b) addressed to the sound of the trial court, and does not have an absolute right to subpoena witnesses at government expense?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of sexual assault?
California, United States of America
Can a judge take judicial notice of the conversion rate of the respondent’s salary conversion rate at trial?
British Columbia, Canada
What is relevant evidence in a sexual assault case?
California, United States of America
In what circumstances has the applicant satisfied the onus placed upon her by testifying that she was not aware of what she was being told about the date of the alleged assault?
Manitoba, Canada
Is a person who enters a vehicle when the doors are locked guilty of burglary?
California, United States of America
What is the test for a motion for a defendant to be treated as if he had not previously been convicted of serious and/or violent felonies?
California, United States of America
What are the reasons for judgment in an appeal?
Ontario, Canada
What is the test for establishing that Hashemi established a probability that he will prevail?
California, United States of America
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty?
California, United States of America
Is a husband entitled to stop paying spousal support to his disabled wife?
Ontario, Canada
What is the character of maintenance payments made by the Respondent in 1997?
Canada (Federal), Canada
In what circumstances have courts overturned convictions of grand theft by possession of access card numbers?
California, United States of America
What is the quantum of loss arising from a breach of a contract?
British Columbia, Canada
Is a contract binding and enforceable?
British Columbia, Canada
What is the duty of a fiduciary to disclose?
MultiRegion, United States of America
What is the standard used by courts in assessing the sufficiency of evidence to support enhancement?
California, United States of America
Does an Indian tribe have jurisdiction to prosecute a non-Indian for assault?
MultiRegion, United States of America
What is the current state of the law on discrimination in medical malpractice cases?
MultiRegion, United States of America
What is the test for a plaintiff’s position on adverse inference?
British Columbia, Canada
Can a private party bring an action to enjoin future violations of section 6152 of the California Business and Professions Code?
California, United States of America
What is the test for dismissing an information in furtherance of justice?
California, United States of America
Is it more prudent for Paul to have the assistance of an expert in managing his finances?
Ontario, Canada
What is the test for an implied covenant of good faith and fair dealing?
California, United States of America
What is the legal test for ineffectiveness of counsel in a federal criminal trial?
MultiRegion, United States of America
What is the test for the defence of qualified privilege in a defamation case?
Ontario, Canada
What is the effect of a substitution of attorney on a motion for defendants' fees?
California, United States of America
Is a person entitled to a right to continue to work as a result of an employment tribunal?
California, United States of America
What is the test for a "seizure" or "stop" in a motor vehicle?
MultiRegion, United States of America
Can a failure to alert a sniffing dog "negate" an otherwise adequate showing of probable cause?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
If there is an ambiguity in the contract, does the contract need to be amended or amended?
California, United States of America
