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 Section 288a of the California Penal Code applicable to an act of oral copulation on an unconscious victim?
California, United States of America
How have the courts dealt with ineffective assistance claims?
MultiRegion, United States of America
Is there a breach of good faith and fair dealing?
British Columbia, Canada
What is the test for an affidavit in support of a search warrant containing information that has been unlawfully obtained?
MultiRegion, United States of America
Does an extension of the lease term constitute a modification to the agreement?
"New York", United States of America
What is the test for a party to be convicted of assisting in the murder of a victim?
Ontario, Canada
What is the "right to privacy" in the context of the issue?
MultiRegion, United States of America
In what circumstances will a plaintiff be able to bring a claim for wrongful termination under the California Workers' Compensation Act?
California, United States of America
What is the test for whether a motion is a cause of action?
California, United States of America
What is the test for res judicata on the issue of paternity in a criminal case?
California, United States of America
What role does the Court of Appeal have in determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the standard of review applied to a settlement agreement?
MultiRegion, United States of America
What is the test for a stay of execution of an appeal?
Canada (Federal), Canada
Can a prosecutor and her investigator eavesdrop on privileged attorney-client communications in the courtroom?
California, United States of America
Is a covenantor who stands in clear breach of an express prohibition from taking holidays from enforcement of his obligation until the trial of the covenantor has to keep his holiday?
Manitoba, Canada
What is the mental health defense and the brain damage defense?
MultiRegion, United States of America
What is the test for an answer to a complaint?
California, United States of America
Does a prison grievance procedure confer any substantive right upon inmates?
MultiRegion, United States of America
What is the test for finding nuisance in a residential property?
British Columbia, Canada
Can a vendor bring an action at law or equitable action for an intermediate instalment of a contract?
Saskatchewan, Canada
What are the consequences if one spouse fails to disclose the existence and true value of assets to the other spouse during marriage negotiations?
British Columbia, Canada
What is the effect of a failure to timely present a claim to a public entity?
California, United States of America
Is there any need for a declaratory judgment procedure to be used in this case?
California, United States of America
How have courts considered enforceability of an agreement governed by the Matrimonial Property Act?
Alberta, Canada
What are the consequences of a finding of strike on a charge of attempted murder?
California, United States of America
What is the legal test to raise what is meant to be a declaration under penalty of perjury to the dignity of an affidavit?
California, United States of America
Can a conviction of being a felon in possession of a gun include a gang enhancement?
California, United States of America
What is the impact of the doctrine of last clear chance?
British Columbia, Canada
What is the test for affirmative defense in tort accrued cases?
MultiRegion, United States of America
Can a strata council be held to account for the actions of its own members when dealing with an issue of water ingress?
British Columbia, Canada
Does the voluntary dismissal of the pleading that gave rise to the current cross-complaint in an intervention matter have any effect on the viability of the cross-Complaint?
California, United States of America
Does the Attorney General have the authority to strike two probation conditions from the dispositional hearing transcript?
California, United States of America
What is the test for establishing that a defendant's net worth prior to the time of trial?
MultiRegion, United States of America
Is it sufficient to describe privileged documents as: Document mechanically numbered 1 to 5287?
Alberta, Canada
What is the legal test to determine whether a judge has jurisdiction to consider an application for leave of execution?
British Columbia, Canada
Can a lawyer be suspended from practice for obtaining a divorce order without advising the court of prior directions made by the court?
British Columbia, Canada
What is the test for making a defendant pay restitution under the Mandatory Victim Restitution Act?
MultiRegion, United States of America
What is the test for a motion to appoint a substitute attorney for a defendant?
California, United States of America
What are the principles used in assessing damages for loss of future earning capacity?
British Columbia, Canada
What is the appropriateness of increasing severity of a prison sentence?
British Columbia, Canada
What is the test for unreasonable self-defense instructions?
California, United States of America
What is Ake's analysis of the need for "meaningful access to justice"?
MultiRegion, United States of America
How have courts considered suppression issues in the context of a motion to suppress a firearm?
MultiRegion, United States of America
Is a defendant entitled to an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct?
California, United States of America
Does consent to search a residence need to be obtained by one of the two co-tenants?
MultiRegion, United States of America
Does the trial court have a duty to consider how best to aid the jury in response to an inquiry?
California, United States of America
Does a claim of sexual assault against a plaintiff have to be proven as part of an underlying claim of unlawful conduct?
MultiRegion, United States of America
What is the test for determining whether a future care item is reasonable and medically justified?
British Columbia, Canada
What is the test for admissibility of experimental evidence in medical malpractice cases?
California, United States of America
What is the test for credibility in a civil case?
British Columbia, Canada
Can a state court's procedural or evidentiary ruling be subject to federal habeas review?
MultiRegion, United States of America
Is immunized witness testimony to be viewed with distrust?
California, United States of America
Does the doctrine of coconspirator disentitlement apply to a defendant who subsequently becomes a co-defendant in a criminal conspiracy?
MultiRegion, United States of America
What is the test for determining whether the mother of a person with a disability is an employee or a self-employed worker?
Canada (Federal), Canada
What is the test for invoking the actual innocence exception to the statute of limitations?
MultiRegion, United States of America
Does a defendant have a right to notice of a violation of section 264.1 of the Penal Code?
California, United States of America
Is Forefront liable for commingling funds with Forefront as constructive trustees?
British Columbia, Canada
What is the test for striking a pleading under sub-rule 9-5(1)(a)?
British Columbia, Canada
Is there a violation of separation of the separation of powers when a judge makes a judgment enforcing a public right?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for expert testimony in criminal law?
California, United States of America
What is the test for driving under the influence of alcohol?
California, United States of America
What are the costs and attorney's fees awarded to a plaintiff prevailing on a special motion to strike?
California, United States of America
What is the impact of COVID-19 exposure on a child's mental health?
Ontario, Canada
Is a judge permitted to substitute his judgment for that of the trial court?
California, United States of America
What is the effect of pre-trial publicity on a jury?
MultiRegion, United States of America
Is a search or seizure under the Fourth Amendment reasonable?
California, United States of America
Is there any case law supporting the proposition that "privation injustifiable" is as broad as that "préjudice abusif"?
Canada (Federal), Canada
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest?
California, United States of America
What is the test for admissible evidence of consciousness of guilt in a criminal case?
California, United States of America
What factors must a judge consider when determining whether a motor vehicle is a vehicle with a valid vehicle registration application?
MultiRegion, United States of America
What is the test for placing a plaintiff in a different position than the original position?
Ontario, Canada
What is the burden of proving there are no genuine issues requiring a trial?
Ontario, Canada
What are the relevant statutory references to the Penal Code in the opening brief of a civil case?
California, United States of America
Does a defendant's right against self-incrimination under section 1369 of the California Criminal Code apply to a psychiatrist appointed under the Mental Health Act?
California, United States of America
What remedies are available for a judicial review of a Minister's conduct in negotiating a treaty with an aboriginal group?
British Columbia, Canada
What obligations does a trial court have to instruct a defendant on a specific defense?
California, United States of America
Does a former prosecutor have a conflict of interest?
MultiRegion, United States of America
What instructions were given to a jury in a civil case where arguments were not evidence?
California, United States of America
What is the test for personal use of a firearm enhancement?
California, United States of America
What is the objective element of a medical malpractice claim?
MultiRegion, United States of America
Is a prisoner entitled to full disclosure of information provided by the CCRA?
Ontario, Canada
Can an expert witness be barred from giving evidence?
California, United States of America
What is the de novo standard of review applied to a failure to instruct on a lesser included offence?
California, United States of America
Can a potential juror in a civil case be struck for bias or partiality?
MultiRegion, United States of America
What is the current state of the law in Canada where documentary evidence of the marriage is weak?
British Columbia, Canada
What is the effect of the "pragmatic and functional methodology" used to determine the appropriate standard of review in an appeal?
Canada (Federal), Canada
What is the statute of limitations for common law fraud and concealment?
California, United States of America
Is it appropriate to remand and assign the case to a different judge?
MultiRegion, United States of America
When will a motion to dismiss for lack of subject matter jurisdiction be dismissed?
MultiRegion, United States of America
What jurisdiction does a non-lawyer have to appear before a court?
Ontario, Canada
Does the term "descendants" mean limitation of a gift?
Saskatchewan, Canada
How have the courts reviewed the admissibility of evidence in the context of abuse of discretion?
MultiRegion, United States of America
What is the test for the defense to argue that a charged offence was committed through misfortune or by accident?
California, United States of America
What is the test for a reversal of a finding of insufficient evidence?
California, United States of America
Does a seal need to have a signature?
California, United States of America
What is the test for having a child in a separation?
Ontario, Canada
What is the test for applying section 15 of the Canadian Human Rights Code?
Canada (Federal), Canada
What is the test for making a declaration asserting an unspecified number?
California, United States of America
Does a medical report obtained by an employee of an insurance company under s.99 of the Insurance Regulation apply to a plaintiff's claim of benefits?
British Columbia, Canada
In a joint bidding scheme, does the City have to prove that there is no additional expenditure of public money as a result of the joint bid scheme?
"New York", United States of America
What is the test for applying the "rule of lenity" to reverse convictions under Section 33 of the Criminal Code?
MultiRegion, United States of America
What is the difference between a criminal conviction and a prison sentence?
California, United States of America
How far has the anti-SLAPP statute been broadened to include a governmental entity?
California, United States of America
How have courts reviewed constitutional questions such as whether certain restrictions create a severe burden on an individual's First Amendment rights?
MultiRegion, United States of America
When a vendor consigns goods to a vendor, and sends a bill of lading to his own correspondent, and gives no delivery order to the vendor, does the vendor have a right to possession of the goods?
Ontario, Canada
Can a party refuse to hear or dismiss an appeal?
British Columbia, Canada
What is the test for setting aside a subpoena in a medical malpractice case?
British Columbia, Canada
What is the standard of conduct of a trial judge?
California, United States of America
What is the test for establishing an attempted murder?
California, United States of America
What is the effect of a motion judge's error in awarding compensatory support?
Ontario, Canada
Is a sentencing judge's sentencing based on a foundation that is extensively and materially false?
MultiRegion, United States of America
Does the taxpayer have the burden of establishing the existence of federal court jurisdiction"?
MultiRegion, United States of America
What is the test for "well-founded fear"?
MultiRegion, United States of America
What is the burden of appealing against a finding that a judge's assignment of error was prejudicial?
California, United States of America
Can a search of the inside of a person's pocket be expanded to include a search for evidence against him?
Manitoba, Canada
Can a city attorney defend or assist in the defense of a criminal action in which the employing city personnel are not involved in any significant respect?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does implied consent apply to a driver who has previously been involved in a sexual assault case?
Ontario, Canada
What is the legal test for challenging a jury's impartiality with evidence of statements made outside the jury room?
California, United States of America
What is the test for establishing that a party has a right to an express easement?
California, United States of America
What is the basis for an order to destroy documents allegedly destroyed by the Respondent?
Canada (Federal), Canada
Is a failure to properly instruct on the increased risk of harm element of section 667.61 kidnapping qualifying circumstance harmless beyond a reasonable doubt?
California, United States of America
How have courts interpreted the meaning of a contract where a lot of land is excluded?
Nova Scotia, Canada
What is an "open plea" in a sexual assault case?
California, United States of America
What is the test for amendment of information for abuse of information?
California, United States of America
What is the meaning of "full-time attendance"?
Canada (Federal), Canada
Does the aiding and abetting statute apply to a defendant who solicited and procured the killing?
California, United States of America
What is the test for determining whether an election can be declared invalid if the number of irregular votes exceeds the plurality of votes cast?
Ontario, Canada
What is the current state of the law in this case?
California, United States of America
How is care or control determined in a motor vehicle accident?
Ontario, Canada
What is the test for establishing a "right" in a civil case?
MultiRegion, United States of America
Does the principle of strict liability apply in the case of property standing off, although adjacent to, a highway?
Saskatchewan, Canada
Does a judge have authority to revoke probation?
MultiRegion, United States of America
Does an employee of a rental car company have regular use of the vehicles?
Ontario, Canada
What is the impact of the internet on damages for defamation?
Ontario, Canada
What are the elements of section 911 of Title 18 of the United States?
MultiRegion, United States of America
How have courts treated arguments of counsel in a personal injury trial?
California, United States of America
Is there any evidence that alcohol was not a factor in determining whether a defendant's mental state was impaired by alcohol?
California, United States of America
What is the effect of a husband’s exclusive use and enjoyment of the former family home after the parties separated?
British Columbia, Canada
In what circumstances will a jury consider prejudicial evidence in the context of "gangsta rap"?
California, United States of America
What is the test for discharge of a surety in a personal injury case?
Ontario, Canada
What is the record of a jury finding a defendant guilty of multiple murder in a single incident?
California, United States of America
Can a criminal defendant assert a claim against the statute of limitations for sexual assault on appeal after conviction?
California, United States of America
What is the effect of having written a declaration of intent to commit a crime?
California, United States of America
Does the affidavit need to be pled?
MultiRegion, United States of America
What is the test for direct aiding and abetting in a murder case?
California, United States of America
Is 25 cents per page reasonable on party/party assessments for special costs assessments?
British Columbia, Canada
Is a failure to attempt to prove the authenticity of a document significant?
MultiRegion, United States of America
Does the court have authority to reconsider or modify its order?
California, United States of America
What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime?
California, United States of America
Is a postjudgment order that was entered after an appealable judgment itself appealable?
California, United States of America
Does the escape rule apply in the context of a robbery?
California, United States of America
What is the test for obtaining a search warrant to search a temporary shelter?
California, United States of America
Is a statement which does not directly declare a mental state, but is circumstantial evidence of that state, admissible?
California, United States of America
Is evidence of past criminal activity relevant and admissible to establish that a gang is not a "primary activity" within the California Gang Act?
California, United States of America
What is the test for a jury to find a defendant guilty as a principal in the commission of murder?
California, United States of America
Is there any case law supporting a claim of excessive medical review?
California, United States of America
What is the test for a jury to convict a defendant of conspiracy to sell drugs?
California, United States of America
What is the current state statute defining a crime of conviction based on a categorical approach?
MultiRegion, United States of America
What is a conspiracy to commit a crime?
California, United States of America
Is a prior conviction of forcible touching a misdemeanor sex crime?
"New York", United States of America
Can a criminal conviction under the criminal code be considered a qualifying predicate in a sexual assault case?
MultiRegion, United States of America
What is a right to life engaged where a law or state action imposes death or a increased risk of death on a person?
British Columbia, Canada
What are the implications of a pre-certification motion?
British Columbia, Canada
Does the issue of transportation constitute a prohibited ground of discrimination?
Ontario, Canada
What is the current state of the law on a defendant's right to choose his own counsel?
MultiRegion, United States of America
What is the test for deliberate indifference in medical malpractice?
MultiRegion, United States of America
What is the test for intoxication in a criminal case?
California, United States of America
Does Section 12022.7 of the California Penal Code require a finding of intentional infliction of great bodily injury?
California, United States of America
Can an insurer be held liable for negligence or breach of contract when it carries out inspections on a motor vehicle?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Does the Younger doctrine apply to claims for injunctive or declaratory relief?
MultiRegion, United States of America
What is the standard of care required by a public carrier for a disabled passenger?
British Columbia, Canada
What is the test for dismissing a conviction for kidnapping during a carjacking?
California, United States of America
Can a defendant withdraw his plea of guilty as a result of an unfulfilled promise from a District Attorney?
"New York", United States of America
What are the factors used to determine whether a motion to dismiss a police community support officer (PCSO) has been successful?
"New York", United States of America
What are the greater administrative and financial costs incurred by a prisoner transfer as compared to the issuance of a passport?
Canada (Federal), Canada
What is the test for obtaining a search warrant in a converted garage?
MultiRegion, United States of America
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions?
California, United States of America
What is the standard of proof at a restitution hearing?
California, United States of America
Can a landlord in the private sector choose whom he will accept as tenants as long as he does not discriminate on one of the statutorily condemned bases?
MultiRegion, United States of America
How have courts treated a motion of no confidence in a defendant's competency hearing?
California, United States of America
Can a defendant be prosecuted separately for each crime committed under the same law?
California, United States of America
What is the test for sufficiency of pleadings in a personal injury case?
California, United States of America
What is a final order or interlocutory?
British Columbia, Canada
How do we review the facts on appeal?
California, United States of America
Is a defendant's concurrence with counsel not to present a defense at the trial stage?
California, United States of America
What is the test for making an out-of-court testimonial statement?
California, United States of America
In what circumstances have the courts found that statements made by a prosecutor at a federal criminal trial were not egregious enough to invalidate a defendant's conviction?
California, United States of America
What is the impact of the decision of the BC Supreme Court of Justice in a previous case?
British Columbia, Canada
What is the scope of the federal and state legislation on "dangerous weapons of crime, violence and destruction"?
California, United States of America
Does an evidentiary hearing have to be held in a habeas corpus proceeding?
California, United States of America
What are the elements of a forgery offence?
California, United States of America
What is the meaning of a waiver in a criminal case?
California, United States of America
Is the record of conviction sufficient to support a motion to resent a sentence under the Criminal Proceeds of Crime Act?
California, United States of America
What is the test for finding a defendant guilty beyond a reasonable doubt?
California, United States of America
What is the test for obtaining a fishing rod and reels from a shoplifter who entered the shop with the assistance of a police officer?
California, United States of America
What is the effect of a prior conviction on the credibility of a defendant at trial?
California, United States of America
Is a jury's verdict in a personal injury case inconsistent with the facts?
California, United States of America
