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 a defendant have to prove that he was an aider and abettor of the crime in order to be convicted of the special circumstance allegation?
California, United States of America
What is the test for objecting at trial to the allegation of prosecutorial misconduct?
California, United States of America
What is the testator’s obligation to ensure that the maker of a will knew and approved the contents of the will at the time it was signed?
British Columbia, Canada
What is the test for a search of a home by a police officer in a domestic violence incident?
MultiRegion, United States of America
What is the optimum result on this motion?
Canada (Federal), Canada
What is the burden of proving an individual's claim of economic losses incurred as a result of criminal activity?
California, United States of America
What is the test for determining whether a procedural ruling in a habeas case was wrong?
MultiRegion, United States of America
What is the definition of an accident disability for a police officer who slips and falls on wet pavement?
"New York", United States of America
What is the meaning of a motion for review?
California, United States of America
What is the test for determining whether a strata has met reasonable expectations under a plan BCS?
British Columbia, Canada
Does a sentence that was improperly increased on remand violate the rule against double jeopardy?
California, United States of America
What are the elements of judicial estoppel?
California, United States of America
What is the effect of a cross-appeal against a finding that a set of 19 lifts shipped on the "Ermua" were not wrapped or boxed?
Canada (Federal), Canada
What is the scope of the Charter of Canada's "enriched political debate"?
British Columbia, Canada
What is the test of a judge's objections to a motion of appeal?
California, United States of America
What are the elements of the crime of kidnapping?
California, United States of America
Can a plaintiff amend their complaint to allege a cause of action?
California, United States of America
In what circumstances will a defendant respond to an allegation of sexual assault?
California, United States of America
What is the burden of proving impossibility or excuse in the context of a claim of force majeure?
California, United States of America
What evidence supports the conclusion that appellant was competent to stand trial?
California, United States of America
Can a hotel owner waive his guests' Fourth Amendment rights if the police enter the common areas of the hotel?
MultiRegion, United States of America
Is a solicitor’s lien attached to the fund?
Alberta, Canada
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence?
California, United States of America
What is the test for refusing to respond when asked by a police officer to a question?
MultiRegion, United States of America
What are the factors used to determine the result of jury deliberations in a murder trial?
California, United States of America
What is the test for cancelling interest on a personal debt?
British Columbia, Canada
What is the burden of proving the petitioner is not precluded from obtaining relief under section 2254(d) of the Criminal Code?
MultiRegion, United States of America
What categories of sufficiently proximate relationships have been established by the jurisprudence in the context of the law of negligence?
Ontario, Canada
Can a jury be unanimous in a civil case?
MultiRegion, United States of America
What is the difference between an explicit declaration of mind and statements that permit inference as to the declarant's state of mind?
British Columbia, Canada
What is the test for respect for pedestrians crossing in a crosswalk?
British Columbia, Canada
Is a local government entity liable for civil rights violations if it has a policy of inaction?
MultiRegion, United States of America
What is the standard of review for a writ of mandate under AEDPA?
MultiRegion, United States of America
What is the effect of a Miranda warning on a suspect?
California, United States of America
What is the test for punitive damages?
Manitoba, Canada
What is the test for a de novo ruling in a medical malpractice case?
MultiRegion, United States of America
What is the test for challenging a sentence in a criminal case?
California, United States of America
Is appellate counsel's obligation on appeal of providing a basis for an adequate and effective appellate review?
California, United States of America
How does the Court of Appeal review the facts?
California, United States of America
What is the test for filing an amended complaint in a personal injury case?
MultiRegion, United States of America
When will the court instruct the jury that a person does not have a right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force?
California, United States of America
What is the state of the law on habeas corpus when it comes to defence counsel's ineffectiveness?
California, United States of America
Does a manufacturer have a duty to warn of a particular risk?
MultiRegion, United States of America
What is the test for determining whether a probation order is capricious or arbitrary?
California, United States of America
Does a defendant have to prove that he was incorrectly impeached for a crime of perjury?
California, United States of America
What is the test for a vehicle stop?
"New York", United States of America
How have courts dealt with an order requiring husband to pay wife alimony and attorney's fees after the wife defaulted?
California, United States of America
Are there any cases where a trial judge asked questions on the subject of sexual orientation?
Ontario, Canada
What is the court's consideration when it comes to determining the best interests of one of the parties applying for custody?
British Columbia, Canada
How have the courts treated the prosecutor's comments to the jury in this case?
California, United States of America
Does the attorney's fees provision in Title VII of the Civil Code apply in the context of the Delaware Valley?
MultiRegion, United States of America
What is the test for admitting evidence of a prior murder conviction?
California, United States of America
How has the US Supreme Court interpreted the law in determining that statements given by the appellants during their detention were inadmissible?
MultiRegion, United States of America
Can a general emergency response call system be used as a medical facility?
Canada (Federal), Canada
What is the penalty for making a threat or threat to kill?
California, United States of America
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the CRT's decision on how to conduct a hearing in a personal injury matter?
British Columbia, Canada
What is the effect of section 1111 of the California Penal Code on the testimony of an accomplice?
California, United States of America
What is the current state of the law on mistaken identification?
California, United States of America
What is the test for sufficiency of evidence at trial?
California, United States of America
Can a motion for security for costs be brought before a judge?
Ontario, Canada
Is a right of action existing at any time to recover damages for injuries resulting from death and against limitation of the amount recoverable?
"New York", United States of America
What is the test for a defendant to be found guilty of a breach of section 425.16 of the California Code of Civil Procedure?
California, United States of America
What is the test for filing an administrative claim under section 2401 of the Federal Tort Claims Act?
MultiRegion, United States of America
What is the test for a negligence action against a strata?
British Columbia, Canada
What is the current state of the law on the right of search warrant for the detention of an individual in a vehicle?
California, United States of America
What is the effect of a failure to declare a forfeiture under section 1305 of the California Criminal Code?
California, United States of America
Are attorneys' fees a part of the permanent disability indemnity?
California, United States of America
What is the test for establishing that a harmless error in admitting to a guilty plea is harmless?
MultiRegion, United States of America
What is the test for objecting to a crime prevention fine?
California, United States of America
What is the test for adverse possession of a property?
California, United States of America
What is the test for substituting a decision by a review court for that of the trial court?
California, United States of America
What is the preponderance of the evidence standard in a civil action?
California, United States of America
What is the test for giving a statement under the Miranda Rule?
California, United States of America
Does a driver have a presumption of negligence in a motor vehicle accident where, at the time of the collision, the driver was asleep at the wheel?
"New York", United States of America
How have the terms "willfully", "deliberately" and "with premeditation" been defined in the context of the allegation of premeditated murder?
California, United States of America
What is the reasonable expectation of privacy of a probationer?
California, United States of America
What is the effect of the French v. French rule on widow's pension benefits?
California, United States of America
What factors should the court consider when determining a child’s best interests?
Ontario, Canada
What is the test for a half share of a spouse’s pension accumulated during their 14-year relationship?
British Columbia, Canada
What is the test for a jury to convict a defendant of assault with force likely to inflict great bodily injury for two separate attacks?
California, United States of America
How much time has been taken to bring charges against a defendant in a civil case?
California, United States of America
What is the standard for determining a defendant's guilt beyond a reasonable doubt?
California, United States of America
What is the range of enhancements to a sentence under section 654 of the California Penal Code for stalking and criminal threats?
California, 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 effect of probation on a defendant?
California, United States of America
Does "other act" evidence need to be probative of intent?
MultiRegion, United States of America
What is the test for determining whether a constitutional violation has been committed by the Court of Appeal when a defendant has been denied a right to a speedy trial?
MultiRegion, United States of America
Can a prosecutor use a quotation critical of the legal profession in a closing argument to the jury?
California, United States of America
Does the bankruptcy court have subject matter jurisdiction?
federal, United States of America
What are the elements of a cause of action for negligence?
California, United States of America
In what circumstances will a police officer be permitted to enter a person's home from a peephole?
California, United States of America
What is the test for establishing a prima facie case in a civil case?
California, United States of America
What is the test for obtaining a warrant to search a suitcase containing cocaine?
MultiRegion, United States of America
What is the test for a motion to dismiss an application under Rule 18A?
British Columbia, Canada
How have courts dealt with an allegation that a defendant used threats of criminal prosecution to extort money from employees he had accused of stealing?
California, United States of America
Is it improper for a prosecutor to make arguments to the jury that give the impression that emotion may reign over reason?
California, United States of America
Can a plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty?
British Columbia, Canada
Does the doctrine of "inevitable discovery" preclude suppression of evidence seized in violation of the Fourth Amendment?
California, United States of America
What is the measure of damages for wrongful dismissal?
British Columbia, Canada
Does the Court erred in not instructing the jury that they could not find that the property was forfeited?
federal, United States of America
How have the principles of fundamental justice been interpreted?
British Columbia, Canada
What is the likelihood of the accused being prejudiced at trial?
Nova Scotia, Canada
What is the test for an application to define a crime of attempted murder based upon implied malice?
California, United States of America
What is the test for a cause of action for wrongful death?
California, United States of America
How many subpoenas can be issued in a medical malpractice case?
British Columbia, Canada
Is there an error of law or jurisdiction in a trial judge's decision not to issue a search warrant for a fishing trawler?
Nova Scotia, Canada
In what circumstances will a judge grant summary judgment in a dental malpractice action against a group of dentists?
Ontario, Canada
What is the defence of novus actus interveniens?
British Columbia, Canada
Is an agreement articulated in Email #4 enforceable?
British Columbia, Canada
What is a constructive trust and what is the test for such a trust?
British Columbia, Canada
If there is any antagonism to a class action, can the named plaintiffs be denied class certification?
California, United States of America
What is the liability of an employer in a workplace injury case?
California, United States of America
What is relevant and prejudicial evidence in a criminal case?
California, United States of America
What is the test for overturning a magistrate's determination of probable cause?
MultiRegion, United States of America
What is the visual aid used in jury selection in a civil case?
California, United States of America
What is the test for determining whether a defendant is suitable for probation?
California, United States of America
How has the court treated evidence that a delay in negotiating medical bills was deliberate?
California, United States of America
Can a jury use a magnifying glass to scrutinize photographic exhibits at trial?
California, United States of America
What is the purpose of section 23 of the Canadian Constitution and what is the scope of the legislation?
Northwest Territories, Canada
Does a motion to strike on an anti-SLAPP motion have to strike?
California, United States of America
What constitutes a "taking" or "police power" of a state?
MultiRegion, United States of America
What is the standard on review of a motion for acquittal?
California, United States of America
Can the police use deception to coerce a suspect into a confession?
California, United States of America
What is the test for determining whether a plaintiff is legally entitled to use the word "sexually diverse" in the context of gender identity?
California, United States of America
What is the effect of Rule 57(15) severance on a loss of income claim?
British Columbia, Canada
How have courts dealt with errors in the prosecution's evidence in a murder case?
California, United States of America
What is the test for determining whether causation exists?
California, United States of America
Does the Agnew-Surpass and the Grewal cases apply?
British Columbia, Canada
What is the range of aggravated damages for sexual abuse?
Ontario, Canada
Can a Minister of Natural Resources, the Government’s Agent, be found to have acted in bad faith?
Newfoundland and Labrador, Canada
Does a lawyer filing a merits brief need to raise every non-frivolous claim?
MultiRegion, United States of America
What is the test for determining whether a prior conviction qualifies as a strike under the Three Strikes law?
California, United States of America
What is the test for establishing a "sense of justice" in a criminal case?
California, United States of America
What is the range of damages for loss of access to amenities on a property where there are three large trees?
British Columbia, Canada
What is the test for a claim of prosecutorial misconduct?
California, United States of America
Is there any case law where a delay in making a motion for show cause is a reasonable excuse for delay?
"New York", United States of America
Is there any case law where a plaintiff has been found to be "difficult to meet" by the Court of Appeal?
MultiRegion, United States of America
What is the harmless error rule for all penalty trial errors?
California, United States of America
What is the test for admitting or denying abuse of discretion in a sexual assault case?
California, United States of America
What rights does a prosecutor have in his closing argument?
California, United States of America
Is pandering a "one act" crime?
California, United States of America
What is the test for accepting an award from the Court of Appeal?
Alberta, Canada
What is the test for determining whether an individual is disabled for purposes of disability benefits when there is evidence that detracts from the Commissioner's conclusion?
MultiRegion, United States of America
What is the test for a motion to challenge a finding that a plaintiff has failed to seek leave to amend his complaint?
California, United States of America
Can a train conductor force a passenger off the train if they refuse to pay the fare?
"New York", United States of America
Can a section of a municipal by-law containing cumulative penalties be quashed?
Ontario, Canada
First, if any, does the Superior Court of California have jurisdiction to adjudicate the issue of paternity in the Juvenile Court?
California, United States of America
What is the test for declaratory relief under section 1060 of the California Code of Civil Procedure?
California, United States of America
What is the test for total revocation of a suspect's Fifth Amendment right to remain silent?
MultiRegion, United States of America
Does the anti-SLAPP statute allow excising allegations in a mixed cause of action?
California, United States of America
What is the test for determining whether a defendant is mentally incompetent to stand trial?
California, United States of America
Is a pro se prisoner's filing of a state habeas petition deemed a "mailbox" when it is delivered to the prison authorities for forwarding to the clerk of the court?
MultiRegion, United States of America
Does the acceptance of responsibility provision apply to career offenders prior to the amendment to the Criminal Code?
MultiRegion, United States of America
Does a student who was kidnapped and killed by the police have to be held responsible for his own death?
California, United States of America
Can an undertaking be posted before the superior court can review the case?
MultiRegion, United States of America
How has the court interpreted the fact that a defendant has to prove that they committed a crime against a witness?
MultiRegion, United States of America
What is the test for granting declaratory relief?
Yukon, Canada
Is there a statute of limitations for conversion and claim and delivery of evidence obtained pursuant to a search warrant?
California, United States of America
What is the test for voir dire in a personal injury case?
California, United States of America
What are some examples of brain injury cases that have been decided at trial level?
Ontario, Canada
Is a mobile home a trailer or vehicle?
British Columbia, Canada
What is the test for compensable taking under the Fifth Amendment?
California, United States of America
Can a defendant argue the trial court erred by not defining "sexual abuse"?
California, United States of America
What is the burden of mitigation against a defendant?
British Columbia, Canada
Does a final judgment have to be reversed if the successful plaintiff dies while the judgment is on appeal?
California, United States of America
What is the current state of the law on an application for anonymity?
Nova Scotia, Canada
What factors will the Court of Appeal consider in determining whether a plaintiff has to prove that future income loss is a substantial possibility?
British Columbia, Canada
Does great bodily injury only need to be inflicted on a living person?
California, United States of America
What is the test for determining whether a defendant has a right to sue for damages?
California, United States of America
What is the test to establish an abuse of discretion in denying leave to amend?
California, United States of America
Can a witness be impeached by evidence of past criminal convictions?
California, United States of America
Can a defendant who has been convicted of a criminal offence be liable for damages arising out of the same criminal offence?
Alberta, Canada
If provocation is inadequate to support a heat of passion theory, can provocation reduce premeditated murder to second degree?
California, United States of America
What is the test for a jury to find that the respondent was wrongfully discharged and routinely reassigned?
California, United States of America
Is a dismissed police officer entitled to a pension if he was dismissed for misconduct by the police commission prior to his final action on his application?
California, United States of America
What is the test for cross-applications in a family business case?
British Columbia, Canada
What is the standard of perfection for a doctor?
Saskatchewan, Canada
Is a burglary committed to facilitate solicitation of murder not subject to section 654 of the Criminal Code?
California, United States of America
How have we dealt with the issue of permissive inference in criminal law?
California, United States of America
What is the test for obtaining an order to wiretap a telephone call from a federal judge?
MultiRegion, United States of America
What is the test for a jury to overturn a robbery conviction?
California, United States of America
What is the fiduciary relationship between a beneficiary and the beneficiary of a trust?
California, United States of America
Can a judge comment on the evidence before the jury?
California, United States of America
Under what circumstances will the Attorney General ask the Court to strike down the Kiddoo Rule of Justice?
California, United States of America
Is it in the offeree's best interest to clear up ambiguities with the offeror?
California, United States of America
What is the test for joining a party?
British Columbia, Canada
Can only "slight evidence" be used in a criminal case?
California, United States of America
What are the legal standards for sustaining an inmate's claim for cruel and unusual punishment premised on alleged sexual misconduct by a correctional officer?
MultiRegion, United States of America
What is the test for determining whether a deck is defective?
British Columbia, Canada
What is the test for error in jury instructions in a civil case?
MultiRegion, United States of America
Is this a federal or state search?
MultiRegion, United States of America
What is the claimant’s position on income under the Federal Child Support Guidelines?
British Columbia, Canada
Does the government have to prove that there was a deliberate delay in establishing a post-seizure hearing?
MultiRegion, United States of America
Is there any evidence that a recipient agreed to not pay child support?
Ontario, Canada
What is the current state of the law on prejudice in a witness statement?
California, United States of America
What is the burden of establishing that the trial court error was wrong on appeal?
California, United States of America
What is the test for a finding of intent to promote, further or assist in any criminal conduct by members of a criminal gang?
California, United States of America
How have the courts treated a charge of reckless driving in a motor vehicle case?
California, United States of America
What is the proper procedure for a defendant to bring a motion for a new trial or plea withdrawal?
California, United States of America
