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.
Is stale or stale evidence relevant in a civil case?
California, United States of America
Is it detrimental to petitioners to peremptory challenge to the judge assigned to assess a petition for writ of habeas corpus?
California, United States of America
What is the common law duty of care of the players in an accident?
British Columbia, Canada
How has the court considered “relationship by blood” in the context of an application for spousal support?
Ontario, Canada
Does a juror have a conflict of interest?
MultiRegion, United States of America
Is there a distinction between knowingly making and intentionally making false affidavits?
MultiRegion, United States of America
What is the test for obtaining a search warrant for a home search?
MultiRegion, United States of America
What is the test for determining whether a school board's decision to terminate all of its services is reasonable?
California, United States of America
What is the exclusionary rule in the context of police misconduct?
California, United States of America
What is the current state of the law on notice requirements in an insurance contract?
Ontario, Canada
What is the test for establishing a joint venture?
California, United States of America
What is the relevant evidentiary issue in a sexual assault and prostitution case?
Ontario, Canada
What is the test for giving the jury the wrong information on the elements of CALCRIM No. 703?
California, United States of America
Does Section 3509(k) of the Criminal Code extend the statute of limitations in sexual assault cases?
MultiRegion, United States of America
How is a search warrant described in common sense?
MultiRegion, United States of America
What are the consequences of a motion to strike?
Prince Edward Island, Canada
How has the court apportioned the award in a wrongful death action?
California, United States of America
Does the statute of limitations run until the date of filing Forms 940 and 941?
MultiRegion, United States of America
What is the test for determining whether a change in a law is an attempt to violate that law?
California, United States of America
How has the court interpreted the corpus delicti rule in the context of an assault case?
California, United States of America
Is a peace officer reassigned for purposes of punishment entitled to an administrative appeal?
California, United States of America
What is the test for making an arrest without probable cause?
MultiRegion, United States of America
Does a Defendant have a right to self-defence if he retreats and withdraws?
California, United States of America
What is the test for a civil rights action for failure to prosecute?
MultiRegion, United States of America
What is the current test for a charge of disorderly conduct under section 647 of the California Penal Code?
California, United States of America
What is the test for establishing that a crime was committed by a non-criminal agency?
California, United States of America
What is the test for granting a writ of habeas corpus within the jurisdiction of a judge?
MultiRegion, United States of America
What is the definition of a low-lying depression in the middle of a stream?
British Columbia, Canada
In what circumstances can extraneous crimes be proven to establish the specific crime charged?
"New York", United States of America
Can a shareholder, officer and director of a corporation seek an oppression remedy for the wrongful dismissal of an employee?
Ontario, Canada
In what circumstances will a jury at a sexual assault trial be allowed to retire to consider their verdict?
California, United States of America
What are the elements of the duress defense?
MultiRegion, United States of America
Is it necessary or expedient to impose a term of time on a cap and bottle?
British Columbia, Canada
Does a defendant have to file a certificate of probable cause to appeal from a judgment after a plea of guilty?
California, United States of America
What is the test for bringing an action for damages against a former co-defendant who alleges that she was sexually harassed by her ex-partner while working with him?
British Columbia, Canada
Is involuntary manslaughter a serious criminal offence?
California, United States of America
What is the effect of an order suspending the enforcement of arrears?
British Columbia, Canada
What is the test for multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Can a defendant bring an anti-SLAPP motion?
California, United States of America
What is the mental state required to be convicted of a felony murder?
California, United States of America
What is an obligation of a judge presiding in a criminal jury trial to review and relate the substantial features of the evidence adduced?
Ontario, Canada
What is the definition of forfeiture in law in the United States?
Alberta, Canada
Is there any case law where a defendant was allegedly seen in possession of heroin?
"New York", United States of America
What authority does a judge have to remove a material witness from a state prison?
California, United States of America
In what circumstances will a trier of fact be impartial?
Ontario, Canada
Is there any case law where a defendant's attorney failed to investigate, or call an expert to testify about the effect of his intoxication?
MultiRegion, United States of America
Does the cumulative effect of a single error in the criminal code constitute a cumulative failure to grant a habeas relief?
MultiRegion, United States of America
What is the test for establishing that there was a usable amount of a controlled substance?
California, United States of America
Does the anti-SLAPP statute apply to claims of wrongful foreclosure arising from actions taken in a non-judicial foreclosure proceeding?
California, United States of America
What is the test for a declaration of intent in a civil case?
California, United States of America
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge?
California, United States of America
What attributes of a parent that would impair a child's future opportunities for adoption?
Ontario, Canada
Is inexcusable neglect a factor in the denial of a rule 60(b) motion?
MultiRegion, United States of America
What is the test for a "hit and run" claim?
California, United States of America
Does the fact plaintiff is representing himself on appeal invalidate his right to be represented as an attorney?
California, United States of America
What is the test for objecting to a charge of improper discharge?
Nova Scotia, Canada
Does plaintiff have standing to sue to enforce a charitable trust?
California, United States of America
What is the test for making a prima facie showing in a section 1170.95 petition?
California, United States of America
Is there any case law on deliberate indifference?
MultiRegion, United States of America
How has the number 12 been associated with trial by jury?
"New York", United States of America
What is the test for an in camera review of a warrant affidavit based on statements attributed to a confidential informant?
California, United States of America
What is the venue of a letter addressed to a plaintiff in a personal injury claim?
MultiRegion, United States of America
Is a police report that alleges that Doreen used the victim's home as collateral for bail bonds admissible?
California, United States of America
What is the test for timely exercise of Rule 7-6?
British Columbia, Canada
What is the test for determining whether a defendant has committed a sexual assault under section 1170.9 of the California Criminal Code?
California, United States of America
Can a defense counsel be found to have invited error by failing to respond to a complained-of instruction?
California, United States of America
What is the test for proving discrimination?
California, United States of America
What is the current state of the law on the inference of knowledge by a jury in a criminal case?
MultiRegion, United States of America
Is a legal corner post moved part way through the locating of a claim?
British Columbia, Canada
Does the Chief Electoral Officer have the power to disqualify an inmate from voting under section 2(3) of the Criminal Code Act?
British Columbia, Canada
What is the nature and cause of the nature of the allegation of wilful failure to file an income tax return?
MultiRegion, United States of America
Is there any case law in which a court has found that a preliminary finding of manslaughter was not a murder?
California, United States of America
What is the test for determining whether a reasonable person would have understood that the actions of a defendant were unlawful?
MultiRegion, United States of America
Is there a general due process right to oral argument on every motion in the trial court?
California, United States of America
Does the Superintendent of Motor Vehicles have an obligation to consider the economic impact of the loss of a driver's privilege?
British Columbia, Canada
Is a defendant entitled to appeal against his sentence under section 1385 of the Criminal Code?
California, United States of America
Is brandishing a weapon a lesser included crime?
California, United States of America
Does a lawsuit filed by a criminal defendant against a prosecutor automatically disqualify that prosecutor?
MultiRegion, United States of America
What is relevant evidence in a civil case?
California, United States of America
Does a search and seizure analysis that is not related to probable cause for arrest have to be conducted by a police officer?
California, United States of America
What is the test for a prison official violating the Eighth Amendment?
MultiRegion, United States of America
Is there a constitutional right under the Fourteenth Amendment to be free from judicial deception and fabrication of evidence in child custody cases?
MultiRegion, United States of America
How have courts interpreted "color of state law"?
MultiRegion, United States of America
What is the test for intent in sexual assault cases?
California, United States of America
What is the legal value of the written retainer?
British Columbia, Canada
Does a plaintiff have a right to amend their pleading?
California, United States of America
What is the test for a claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion or objection?
California, United States of America
Does a subdivision of land absolve or exempt lands otherwise dedicated?
Nova Scotia, Canada
Is there any case law in which a defendant consented to a motion to dismiss a charge?
MultiRegion, United States of America
When will a court grant or deny default judgment?
MultiRegion, United States of America
What is the effect of witness immunity and counsel immunity?
British Columbia, Canada
How have the courts interpreted delegated powers in the context of local government?
MultiRegion, United States of America
How have the courts treated a suppression motion in the context of an assault case?
California, United States of America
Can a jury discount expert testimony or the mental disorder defense?
California, United States of America
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility?
California, United States of America
What are the consequences of an allegedly defamatory statement in a libel action?
California, United States of America
Can a habeas petition be denied without an evidentiary hearing?
MultiRegion, United States of America
What is the test for reconsideration of an order made by one judge of the same court?
California, United States of America
What is the test for giving jurors an alibi instruction in a criminal case?
MultiRegion, United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
How has the deemed named insured provision been interpreted in the context of a motor vehicle accident claim?
Ontario, Canada
Does the pretrial news coverage of the death penalty matter affect a judge's decision on a motion for a change of venue?
California, United States of America
What is the proper way to assess future loss of earning capacity?
British Columbia, Canada
How has the court considered contested statements in a murder trial?
California, United States of America
What is the test for reversal of a finding of guilty of gross misconduct in a criminal case?
MultiRegion, United States of America
Is there a cause of action for breach of fiduciary duty?
Ontario, Canada
Does a juvenile who has been arrested without probable cause have a legitimate interest in continuing to be detained beyond 48 hours?
California, United States of America
What is the opening brief in a personal injury case?
California, United States of America
What is the purpose of a cost of future care award?
British Columbia, Canada
Is a person not responsible for criminal conduct if they are mentally ill at the time of the crime?
MultiRegion, United States of America
What is the implied undertaking of a party in a civil action?
Newfoundland and Labrador, Canada
What is the legal basis set out in a petition seeking to overturn a prohibition on driving under the influence of alcohol?
British Columbia, Canada
What are the consequences of a long-term disability resulting in a long term disability?
California, United States of America
In what circumstances will legislation be expressly retroactive?
Canada (Federal), Canada
Is mutual mistake not fatal to a claim for possessory title?
Ontario, Canada
Can a defendant appeal against his conviction for sexual assault after serving his sentence?
MultiRegion, United States of America
Does the unconsciousness and accident defense only apply to the lewd act charge?
California, United States of America
Is a university degree a family property with a monetary value divisible between spouses?
British Columbia, Canada
What is the test for applying the Finality Rule?
California, United States of America
What are the implications of a finding that a broad injunctive relief requested by appellee in the prior action was unconstitutional?
MultiRegion, United States of America
Is there a privilege for communications made by counsel in the course of litigation?
British Columbia, Canada
Is a legislative declaration of the meaning of a statute binding or conclusive in construing the statute?
California, United States of America
What evidence supports the jury finding that movement was not incidental to the robbery?
California, United States of America
What is the test for proving a defendant's liability for injuries sustained in a motor vehicle accident?
British Columbia, Canada
Can a sentence for assault be stayed under section 654 of the Penal Code?
California, United States of America
Does a defense based on a reasonable but mistaken belief in the victim's capacity to give legal consent have to have been objectively reasonable?
California, United States of America
What is the test for ousting a property owner under the statute of limitations?
Nova Scotia, Canada
What is the effect of the court's denial of a bifurcation request?
California, United States of America
What is the test for instructing a jury on a misdemeanor charge of assault on a minor?
California, United States of America
What is probable cause to arrest?
California, United States of America
What is the agreed-to penalty of revocation of a licence?
Ontario, Canada
What is the burden of establishing error on appeal?
California, United States of America
Can a defense counsel's emotional plea to the jury in a criminal case be sustained against the prosecutor's objection?
California, United States of America
What is the test for establishing probable cause for a search warrant?
MultiRegion, United States of America
Can a plaintiff lie against a government defendant for the tort of negligent misrepresentation?
British Columbia, Canada
What constitutes a "crucial" defense?
California, United States of America
Is involvement of a government official in civil rights violations sufficient?
MultiRegion, United States of America
Is there any evidence that a jury was improperly coerced into reaching a verdict by giving the "firecracker" instruction at trial?
MultiRegion, United States of America
Is there any case law that supports the argument that a person who has been convicted of a crime under section 3041(b) of the California Penal Code is a victim of a miscarriage of justice?
MultiRegion, United States of America
What is the test for the consent defense at the Convention of Nations?
MultiRegion, United States of America
What is the case law in the context of medical malpractice?
California, United States of America
What is the test for making a prima facie case of disability under the Medical Vocational Grids Act?
MultiRegion, United States of America
Can a director or company be oppressive even if they have no legal right to commit a certain act?
Nova Scotia, Canada
Can a car driver cause a cyclist to crash without actually hitting the cyclist?
British Columbia, Canada
What is the impact of the Eighth Amendment on the defence of the right to refuse bail?
MultiRegion, United States of America
In what circumstances will a jury be able to determine whether an accomplice is guilty of second degree murder under the natural and probable consequences doctrine?
California, United States of America
Is Counsel ineffective for not objecting or bringing a motion where the action would be futile?
California, United States of America
What is permissible police intrusion of an individual?
"New York", United States of America
What is the test for a claim of Prosecutorial Misconduct?
California, United States of America
What is the difference between a parent's right to be free from state intrusion into their relationship?
Ontario, Canada
What is the test for reasonable suspicion in a search?
California, United States of America
Is a text message a "call" under the Telecommunications Act?
MultiRegion, United States of America
Is a plaintiff entitled to compensation for future losses that he has shown are a real and substantial possibility?
British Columbia, Canada
Is a criminal defendant entitled to a finding of probable cause?
California, United States of America
What constitutes false or misleading statements to the arresting officer?
California, United States of America
In a motor vehicle accident case, in what circumstances will a jury be able to award a $1.1m (1.2m) wrongful death verdict?
MultiRegion, United States of America
Does a judge have to include the value of severance packages received by both parties after the date of valuation as property as of valuation day?
Ontario, Canada
What factors are relevant to the issue before us in this case?
California, United States of America
What is the test for making an evidentiary submission in a personal injury case?
California, United States of America
In what circumstances will a court take a capital asset approach?
British Columbia, Canada
Can a husband deduct income tax liability arising from a post-separation reassessment of his net family property?
Ontario, Canada
Can a personal injury plaintiff recover more than the amount of medical expenses he or she incurred?
California, United States of America
Is there any case law supporting the argument that the Secretary of State for Health and Social Care should consider a patient's pain level as a factor in deciding whether he should be admitted to hospital?
MultiRegion, United States of America
Can expert testimony justify a special costs award?
British Columbia, Canada
Is a claim made in a federal complaint a compulsory counterclaim in an earlier state action?
MultiRegion, United States of America
Can a rational jury find the essential elements of robbery and conspiracy to commit robbery beyond a reasonable doubt?
California, United States of America
What is the test for direct supervision of a district attorney and sheriff?
California, United States of America
Is a client entitled to a retainer for their services on the appeal?
British Columbia, Canada
Is an action for rescission a "action on contract" for purposes of attorney fees and other costs?
California, United States of America
What is the standard of review for a decision under the Motor Vehicles Act?
British Columbia, Canada
What is the test for an action for abuse of process?
MultiRegion, United States of America
Does section 352 of the California Evidence Code preclude a defendant from presenting all relevant evidence at trial?
California, United States of America
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated?
California, United States of America
What is the test for an application to obtain medical malpractice?
British Columbia, Canada
What is the effect of prejudicial conduct, rulings and statements on the part of the trial judge?
MultiRegion, United States of America
What is the case law on credibility?
British Columbia, Canada
Is a failure to give cautionary instruction harmless?
California, United States of America
How have the courts treated the findings of misrepresentation and coercion?
California, United States of America
What is the state's power to impose the same penalty for murder of a fetus as it does for a human being?
California, United States of America
Does a writ of mandate need to be issued in a motion for withdrawal of a written protest against a proposed incorporation?
California, United States of America
What is the test for "in good faith in the execution of his duty"?
British Columbia, Canada
What is the obligation of a parent to continue paying child support even if there is a difficult relationship?
Manitoba, Canada
What is the standard of review from a trial judge?
Ontario, Canada
What is the effect of making appellant a third party?
Saskatchewan, Canada
In what circumstances will a defendant be granted a motion to vacate his drug conviction?
MultiRegion, United States of America
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable?
California, United States of America
What is the burden of proving probable cause for arrest at a Mapp hearing?
"New York", United States of America
What is the test for an interim application under section 15 of the Divorce Act?
Alberta, Canada
What is the standard of review for a motion for consolidation under Penal Code section 954?
California, United States of America
How much marijuana can be used by a parent under the California Medical Cannabis Act?
California, United States of America
When officers entered the back of a residential building, what is the difference between a police search warrant and a search warrant?
California, United States of America
What is the legal test for a Licensee who has been suspended from practising LSD while under suspension?
Ontario, Canada
What grounds can a peace officer use to prohibit a driver from driving for 24 hours?
British Columbia, Canada
What is the test for determining the sufficiency of evidence in an appeal?
California, United States of America
Does an attorney have a duty to correct or amend an error in an instruction offered by either side in a civil case?
California, United States of America
What is the test for a resulting trust?
British Columbia, Canada
What is the test for determining the reasonableness of detention?
California, United States of America
What are the costs of a common law action?
Saskatchewan, Canada
Can a Minister of Employment and Immigration be held responsible for the creation of a new federal employment policy?
Canada (Federal), Canada
What is the test for a claim for "hostile or abusive work environment"?
MultiRegion, United States of America
