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 burden of proving a defendant's guilt beyond a reasonable doubt?
California, United States of America
What is the effect of the Court of Appeal finding that the Court found that the Attorney General had a "significant and important" role in determining the amount of profit from the sale of a cannabis farm?
MultiRegion, United States of America
Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees?
California, United States of America
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction?
California, United States of America
What is the applicable sentencing range for a defendant in a motor vehicle accident?
MultiRegion, United States of America
Does identification of a man by three bank employees as he stood on the side of a highway violate his right to privacy?
MultiRegion, United States of America
What is the test for requiring disclosure on a motion without notice?
Ontario, Canada
What is the appropriate aggregate sentence for a defendant convicted of two counts of possession of a firearm?
California, United States of America
What is the test for adequate state procedural rule?
MultiRegion, United States of America
Can a defendant be convicted of making criminal threats against someone who has not been convicted of a charge under the California Penal Code for a similar offence?
California, United States of America
What is the test for a rule of damages in a collision involving a boat and a boat?
MultiRegion, United States of America
What is the burden on the government of conducting a search without a warrant?
MultiRegion, United States of America
What is the principle against double recovery?
Ontario, Canada
Is a failure to sound a horn conclusive of liability?
Prince Edward Island, Canada
What constitutes deliberate indifference in prison medical malpractice cases?
MultiRegion, United States of America
What is the testator's position when it comes to the distribution of a testator’s shares in a will?
Ontario, Canada
What is the test for a parole officer to arrest a parolee for breach of the terms of a conditional discharge?
MultiRegion, United States of America
What is the test for admitting evidence of a defendant's possession of hydriotic acid with intent to manufacture methamphetamine?
MultiRegion, United States of America
What is the test for read-ins?
Alberta, Canada
What is the tort of trespass to land?
Alberta, Canada
What is the test for establishing that a trial court has the power to fix any reasonable sum?
California, United States of America
Does the 9th Circuit have jurisdiction to dismiss a claim for wrongful dismissal as "frivolous or malicious"?
MultiRegion, United States of America
What evidentiary issues will be considered in the evidentiary review of a motion to prohibit the use of the word "hearsay" in the context of the application?
Nova Scotia, Canada
What is the test for establishing that counsel is not required at a photographic identification procedure?
MultiRegion, United States of America
Is there any case law where the trial court erred in admitting statements he made during police interrogation after he invoked his right to counsel?
California, United States of America
What is our role in reviewing a sentence imposed by the federal district court?
MultiRegion, United States of America
Can a transaction be punished under more than one statute?
California, United States of America
What are the implications of the provisions in the Criminal Code requiring the Attorney General to approve a motion to dismiss, strike or dismiss a prior conviction?
California, United States of America
What is the "dilemma" faced by a defendant in a case where a confession is not admissible?
California, United States of America
Can a mortgagee claim possession of the assigned rents?
MultiRegion, United States of America
What is the divisibility of injuries in a motor vehicle accident?
British Columbia, Canada
What is the current state of the law in relation to final access and child support?
Ontario, Canada
What is the test for recusal of a judge for partiality?
MultiRegion, United States of America
Is a motion to change custody from the custodial parent to the non-custodial parent subject to the detriment standard?
California, United States of America
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code?
California, United States of America
What is the test for establishing that a judgment is presumed correct on appeal?
California, United States of America
What is the standard of care in medical negligence?
British Columbia, Canada
What is the burden of proof in determining the value of a box of misused goods?
Ontario, Canada
What is the test for enforcing an oral agreement for the sale and purchase of a parcel of land?
British Columbia, Canada
What is the effect of Rule 11 sanctions in a personal injury case?
MultiRegion, United States of America
When will the failure of the prosecution to hold a lineup be considered a factor in assessing the suggestiveness of the procedures used by the prosecution?
MultiRegion, United States of America
What is the applicable statute of limitations for an action for damages arising out of a mistake made by the California Department of Justice?
California, United States of America
What is the effect of a 2004 second degree robbery on a defendant's eligibility to have his prior drug possession conviction redesignated as a misdemeanor?
California, United States of America
Can a convicted sex offender who is caught in a sting operation avoid having to register as a sex offender?
California, United States of America
How has the construction of a Rule 68 offer been reviewed de novo?
MultiRegion, United States of America
Is inadequate consideration sufficient to cause a breach of contract?
Saskatchewan, Canada
Is sufficient as a matter of law for a murder-for-hire?
"New York", United States of America
What is the limitation period for an action framed in negligence under s.2(1)(d) of the Statute of Limitations?
Prince Edward Island, Canada
Can an employee who replaced merchandise on the shelf the previous night be called as witnesses?
Saskatchewan, Canada
What is the meaning of the word "knowing" in the context of a motion for a continuance?
California, United States of America
What is the test for remand in a criminal case where a defendant has been convicted of a sexual assault and remand?
California, United States of America
Does the confrontation clause in the California Civil Code require a demonstration of unavailability?
California, United States of America
What is the burden of proving deficient counsel in a motion?
California, United States of America
What is the test for excluding evidence under section 352 of the Criminal Code?
California, United States of America
In what circumstances will a court consider "unilateral termination of a relationship" by the child?
Ontario, Canada
Does a court have a sua sponte duty to instruct on a lesser included charge of second degree murder?
California, United States of America
What is the burden of establishing an abuse of power when a party challenges a court's decision regarding a continuance request?
California, United States of America
What is the diminished capacity defense of diminished capacity in a murder case?
California, United States of America
What is the test for admitting a criminal conviction for impeachment purposes?
California, United States of America
What is the test for whether acts done in contemplation of a crime are preparatory or merely preparatory?
California, United States of America
In what circumstances will a defendant be able to present a defense in a civil case that seeks to impeach a witness for bias against his own mother?
California, United States of America
What is the difference between treating a civil detainee under the 14th Amendment and a criminal convict under the Eighth Amendment?
MultiRegion, United States of America
Can an injunction be issued if the underlying causes of action are not established?
California, United States of America
Is this an exceptional case in which a civil proceeding is stayed?
British Columbia, Canada
What is the test for sustaining a jury's verdict in a sexual assault case?
California, United States of America
What is the test for determining whether a defendant's storage of plastic materials in violation of California Fire Code section 57.20 was the proximate cause of a plaintiff's injuries?
California, United States of America
What is the test for intentional infliction of emotional distress?
California, United States of America
When a contractor provides additional construction work not contemplated by the contract is completed at the request of the owner?
Ontario, Canada
What is the test for establishing that a third party has authority?
California, United States of America
Does the credibility of witnesses matter to the hearing officer?
Ontario, Canada
What is the test for determining if a consent order has been vitiated?
Alberta, Canada
What is the evidentiary burden on a defendant carrier in a bus case?
Yukon, Canada
What is the burden of proof for a servient driver in a motor vehicle accident?
British Columbia, Canada
What causes of action have been deemed waived or abandoned?
California, United States of America
What is the test for a motion to exclude a statement she made to the police while in hospital?
California, United States of America
Is there any case law where a plaintiff has been successful in his claim that his placement in a glass room at trial impaired his right to confront his accusers?
California, United States of America
What is the minimum sentence for attempted wilful, deliberate and premeditated murder?
California, United States of America
Is there a forfeiture by failing to object in a motion for writ of habeas corpus?
California, United States of America
Does a prosecutor mischaracterize evidence in mitigation to support a life sentence based on sympathy for the victim's family?
California, United States of America
What is the test for determining whether a victim's economic loss is a result of the crime?
California, United States of America
What are the parties of a tenant who has erected a house on their land for years?
Saskatchewan, Canada
Is there any case law where the court did not instruct the jury to find that the agreed upon obstruction of a lawful function of government was to be brought about by deceitful and dishonest means?
MultiRegion, United States of America
What is the current state of the law when it comes to contempt sentences?
MultiRegion, United States of America
When a grantor deposits a deed with a third party to be handed to the grantee on the death of the grantor, does it constitute a testamentary disposition of his property?
California, United States of America
Does an attorney have standing to bring an anti-SLAPP motion?
California, United States of America
Can pursuing postsecondary education result in adult child remaining a child of the marriage?
British Columbia, Canada
Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written?
Alberta, Canada
Does the Attorney General have authority to suspend or adjust the status of a deportable alien based on an aggravated felony or narcotics conviction?
MultiRegion, United States of America
What constitutes an overt act in an attempt to commit a crime?
California, United States of America
Is a defendant's mental health condition in remission?
California, United States of America
What is the test for damages that can be recovered in a motor vehicle accident?
California, United States of America
What is the meaning of the term "amendment"?
California, United States of America
Does an insurer have standing to set aside a judgment?
California, United States of America
What is the range of damages for injuries sustained in a motor vehicle accident?
British Columbia, Canada
What is the test for overturning a finding of insufficient evidence in a sexual assault case?
California, United States of America
Can a sex offender make an equal protection claim?
MultiRegion, United States of America
How have courts treated the role of a prosecutor in determining absolute immunity for a police officer?
California, United States of America
When will a federal judge's interpretation of state law be reviewed on review?
MultiRegion, United States of America
Does the Seventh Amendment right to a jury trial attach to actions brought under section 504 of the Rehabilitation Act?
MultiRegion, United States of America
Does a jury need to be advised that the testimony of an accomplice be received with caution and weighed with care?
MultiRegion, United States of America
What is the test for first degree murder by lying in wait?
California, United States of America
Can a timely objection at trial cured the harm caused by the improper reference to appellant's right to remain silent?
California, United States of America
How has the Court assessed damages in a class action?
California, United States of America
Can a defendant raise a constitutional challenge to a conviction if he waives his right to appeal or collaterally attack it?
MultiRegion, United States of America
What is the test for credibility in a complaint?
British Columbia, Canada
Is Section 654 of the California Criminal Code applicable to a false imprisonment and robbery in which there were multiple victims?
California, United States of America
Is a motion to dismiss for failure to bring an action to trial due to the lack of diligence required?
California, United States of America
How have the courts interpreted the definition of substantial evidence?
California, United States of America
What is the test for determining whether a jury instruction correctly states the law under the independent or de novo standard of review?
California, United States of America
Can a delay in extradition proceedings apply to s. 11(b) of the Charter of Rights to be tried within a reasonable time?
Ontario, Canada
What is the standard of conduct in matrimonial litigation where the respondent has been accused of using anger and hurt as a weapon against the other party?
British Columbia, Canada
Is a defendant entitled to access to counsel at trial if counsel is engaged in a conflict of interest?
California, United States of America
Does the age of a criminal defendant have to be considered a factor in determining whether a confession was voluntary?
MultiRegion, United States of America
What is the analytical approach governing contingency deductions under the BCAA?
British Columbia, Canada
What is the range of damages a plaintiff can claim against a hospital?
Saskatchewan, Canada
What is the test for a motion to acquit "in the light most favorable to the prosecution"?
MultiRegion, United States of America
Can unsworn statements be cross-examined?
Ontario, Canada
What is the leading authority on mobility rights for a custodial parent and child?
British Columbia, Canada
What is the test for determining whether prejudice was prejudice against a defendant in a civil case?
California, United States of America
Does admitting into evidence of volunteered statements by a defendant prior to his having been advised of his rights under the Federal Constitution violate such rights?
California, United States of America
What is Cal.CRIM 376 of the California Criminal Code, or is it an instruction generally favorable to defendants in possession of stolen property?
California, United States of America
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure?
Alberta, Canada
What is the test for proving a serious medical need in a civil case?
MultiRegion, United States of America
How have courts considered kidnapping to be such a dangerous felony as to support a conviction of second degree felony murder?
California, United States of America
What is the test for an attempted murder?
California, United States of America
What is the proper amount of child support under the Child Support Guidelines?
British Columbia, Canada
What are the damages for mental distress that arise as a result of a breach of contract?
Ontario, Canada
In a personal injury action, can damages be assessed before the amount of damages has been determined?
British Columbia, Canada
Is a District Court's decision not to grant a motion under Former Rule 35(a) reviewed for abuse of discretion?
MultiRegion, United States of America
Can a mismanagement of the funds of a family business constitute defalcation or misappropriation?
British Columbia, Canada
Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court?
California, United States of America
What is the current state of the law on extrajudicial statements in a joint trial?
California, United States of America
Can the Respondent continue to refuse to pay child support until a full court order is in place?
British Columbia, Canada
What is the test for a state court to reject a prisoner's claim of ineffective assistance of counsel?
MultiRegion, United States of America
What is the test for sufficiency of evidence in criminal cases?
California, United States of America
When will the BCSC allow a party to re-open their case?
British Columbia, Canada
What is the impact of the marriage of a deputy district attorney in the prosecuting attorney's office on a motion for a new trial?
California, United States of America
What is the test for misfeasance in public office?
Ontario, Canada
Does a criminal offence constitute a generic crime?
MultiRegion, United States of America
What is the test for admitting identification evidence in a criminal case?
California, United States of America
What is the test for assessing the evidence in a civil case?
MultiRegion, United States of America
What is the test for establishing reasonable suspicion to support a stop?
MultiRegion, United States of America
How have courts reviewed Miranda issues on appeal?
California, United States of America
Is the trial court abused its discretion to exclude a taxi driver as a witness?
California, United States of America
Is a father entitled to a higher income than his wife?
Alberta, Canada
What is the test for striking a statement of defence?
British Columbia, Canada
What is the test for ineffective assistance in a personal injury action?
California, United States of America
What is the difference between general contingencies and specific contingencies?
Ontario, Canada
What is the test for a child to be moved from their current residence?
Ontario, Canada
Is mandatory urinalysis drug and alcohol testing of prospective and current employees within the scope of the Fourth Amendment?
California, United States of America
In a long-term marriage, is standard of living support equal to income support?
British Columbia, Canada
What is the meaning of the phrase "right under section 798.87(b) of the California Civil Code to bring a civil action for public nuisance?
California, United States of America
In what circumstances will a defendant be found guilty of a criminal threat?
California, United States of America
What is the test for a flexible approach to causation in medical negligence cases?
Ontario, Canada
What is the test for an allegation of discrimination on the basis of physical disability?
British Columbia, Canada
Is a sealed transcript sufficient to be used as evidence for appellate review?
California, United States of America
How does the common law interact with the Charter?
Manitoba, Canada
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims?
California, United States of America
How has the product rule been applied to calculate the frequency of a multi-locus profile?
California, United States of America
What is the current state of the law on improper vouching by a prosecutor at trial?
California, United States of America
What is the test for standing to pursue a claim in the Court of Appeal?
MultiRegion, United States of America
When a witness asserts her Fifth Amendment privilege, what is the test for the privilege?
MultiRegion, United States of America
Is a plaintiff liable for all foreseeable consequences of his negligence?
British Columbia, Canada
What is the sentence for an offender who sexually assaulted his wife during the night?
Quebec, Canada
What is the effect of a search of a car on remand?
California, United States of America
What are the elements of the crime of criminal threats?
California, United States of America
On what basis must a court consider in determining the best interest of the minor child in a custody and visitation matter?
California, United States of America
What is the test for a court to determine whether a plaintiff has jurisdiction to bring a claim for damages against a defendant who is also a defendant in a civil case?
MultiRegion, United States of America
What is the test for "ex post facto" criminal legislation?
California, United States of America
When will a court strike a third party claim?
Ontario, Canada
What is the test for inducing a person to commit a crime?
MultiRegion, United States of America
What is the legal framework for assessing fault in a motor vehicle accident case?
British Columbia, Canada
Under the Miranda Act, can a police officer stop a citizen from leaving the scene where he is being questioned?
California, United States of America
What is the Anns test for determining whether a person owes a duty of care?
Yukon, Canada
What is the basis for a stay of federal habeas proceedings?
MultiRegion, United States of America
What is the current state of the law in relation to the Hobbs Act?
MultiRegion, United States of America
What constitutes murder of the first degree?
California, United States of America
Is a person who has been released from prison entitled to the same civil rights as a paroled person?
"New York", United States of America
Does not need to perform operations at the moment of injury to the moment the incident occurred?
California, United States of America
What is the test for a felony murder conviction based on robbery?
California, United States of America
What is the standard of review in the Ninth Circuit of the Court of Appeal?
MultiRegion, United States of America
What is the test for contempt for failure to furnish a telephone number or accept telephone call?
California, United States of America
What is the range of damages awarded by a court for a photographer who fails to show up for a wedding?
Saskatchewan, Canada
Can a resisting arrest charge survive if the arrest was premised on probable cause?
"New York", United States of America
In what circumstances have we challenged the credibility of witnesses in a civil case?
California, United States of America
What factors will be considered in determining whether a trustee can make a profit out of the trust?
Manitoba, Canada
What is the test for determining whether a defendant lied about his identity to police?
California, United States of America
What is the test for refusing to consider juror testimony in a federal habeas case?
MultiRegion, United States of America
Does a plea of no contest preclude appellate review of the denial of a motion to disclose the sealed portion of the search warrant affidavit and discover the identity of a confidential informant?
California, United States of America
How does the Court of Appeal review a motion to suppress?
California, United States of America
What is the test for reducing the burden of proof?
California, United States of America
In what circumstances will a plaintiff be able to make a Fourth Amendment claim against a government investigator for submitting false and material information in a warrant affidavit?
MultiRegion, United States of America
What is the standard for establishing a relationship?
MultiRegion, United States of America
What is the test for corroborating evidence in determining whether an applicant met his or her burden of proof?
MultiRegion, United States of America
Does the Attorney General have the power to be a Minister of Justice and Attorney General of Canada?
Ontario, Canada
What is the obligation of a body with the power to refuse to proceed to a decision until it has afforded to any person affected by such a decision?
New Brunswick, Canada
Can a motion to strike a jury notice be struck during the pandemic?
Ontario, Canada
Does the error in allocating the burden of proof in the case of Steeg v. R.S.C.O.R.O., result in a reversal on the facts of the case?
California, United States of America
Is a judge permitted to order additional costs for a trial that is taking longer than originally scheduled?
British Columbia, Canada
What is a defendant's right to speedy trial triggered by arrest or the filing of an official accusation?
California, United States of America
