Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for maliciously and willfully discharge a firearm at an occupied motor vehicle?
California, United States of America
Can a defendant be held accountable for the one murder he committed?
"New York", United States of America
What is the standard of review on appeal in cases where the evidence is based mainly on circumstantial evidence?
California, United States of America
Does a prosecutor violate due process when he seeks additional charges solely for exercising a constitutional or statutory right?
MultiRegion, United States of America
What is the test for assisting and abetting a person in the possession of a Class A drug?
California, United States of America
What instructions have been given to a jury in a civil case?
MultiRegion, United States of America
What is the onus on the respondent to prove entitlement to child support?
British Columbia, Canada
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on an assertedly included offense?
California, United States of America
What is the range of special and extraordinary expenses that the court may provide for post-secondary education expenses?
British Columbia, Canada
What is the test for a motion to convert a felony conviction into a misdemeanor pursuant to Proposition 47?
California, United States of America
Can a federal judge excuse a whole class of jurors?
MultiRegion, United States of America
Is a defendant's failure to object below forfeited the issue of an instruction in a medical malpractice case?
California, United States of America
Can a federal charge of unlawful possession of an unregistered firearm be considered an offence under the Sixth Amendment?
MultiRegion, United States of America
What is the meaning of a "new rule"?
MultiRegion, United States of America
What is the test for a jury to determine there was a reasonable doubt that there was penetration?
California, United States of America
What is the effect of an application for orders nisi?
British Columbia, Canada
Does a robbery victim have a right to possess property if they were not aware that it was being taken at the moment of the robbery?
California, United States of America
In what circumstances has the Court considered the adequacy of advice given by a duty counsel?
Ontario, Canada
What is the standard of care applicable in cases of misstatement?
British Columbia, Canada
What are the consequences of driving under the influence of alcohol?
California, United States of America
Can a decision be reviewed for procedural fairness on a correctness standard?
British Columbia, Canada
What is the current state of the law on abuse of discretion?
MultiRegion, United States of America
Can a defendant challenge the validity of a plea agreement on appeal?
California, United States of America
What is the impact of the Court of Appeal's recent analysis on the meaning of personal injury in the context of medical malpractice?
California, United States of America
What is the test for severing charges in a murder trial?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
What is the test for nondisclosure of a search warrant affidavit?
California, United States of America
What is the test for a unionized employee to file a motion to sue for unfair dismissal?
MultiRegion, United States of America
What is the test for determining whether a bribe can be obtained through the medium of a go-between or intermediary?
California, United States of America
What is fair value for the dissenting shareholders in a case brought by Brant Investments Limited?
Ontario, Canada
What is the test for appeal against an award of attorney fees, costs and prejudgment interest?
California, United States of America
What is the "automobile exception" to the search warrant requirement?
MultiRegion, United States of America
Does a plaintiff need to prove that the product which caused the injuries was unreasonably dangerous?
California, United States of America
Can discovery occur earlier than actual discovery?
Ontario, Canada
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied?
California, United States of America
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed?
MultiRegion, United States of America
Does an undercover officer who poses as a fellow inmate need to give a Miranda warning to an inmate before asking questions that may elicit incriminating statements from the suspect?
California, United States of America
How have courts in B.C and U.S.D.C dealt with liability for a collision involving a 4 year old child?
British Columbia, Canada
Is a plaintiff entitled to fees and costs under section 14030 of the California Civil Code?
California, United States of America
What is the liability of a physician for lack of informed consent?
California, United States of America
What is the limitation of general damages in a motor vehicle accident case?
California, United States of America
Is there any case law where a juror has been asked to provide an opinion of the theory and rationale behind a jury's decision?
California, United States of America
What are some cases dealing with the issue of personal injury cases?
California, United States of America
What is the effect of admitting the confessions of the accused in a criminal case?
MultiRegion, United States of America
Can a defendant be found guilty of resisting a search?
California, United States of America
What is the test for denying a defendant a new trial under section 1181, subdivision (8) of the California Code of Civil Procedure?
California, United States of America
In what circumstances will the actuary carry out a going concern valuation and a solvency valuation?
New Brunswick, Canada
What is the effect of a strict adherence to the Forms?
British Columbia, Canada
What is the test for suppressing evidence that was seized during a search?
MultiRegion, United States of America
What is the burden of establishing that a defendant acquired his citizenship by false representation or fraud?
Canada (Federal), Canada
Can a jury convict a defendant of involuntary manslaughter?
California, United States of America
What is the quantum of damages for loss of housekeeping capacity?
British Columbia, Canada
Does the felony-murder rule apply to assaultive felonies resulting in death?
California, United States of America
Is a municipality required to pay for the transportation and maintenance of the militia?
British Columbia, Canada
Does the trial court abuse its discretion in denying a request to reopen the case in an unreported exchange?
California, United States of America
Is there a distinction between advocacy and indoctrination preparatory to action?
MultiRegion, United States of America
What is the test for "usefulness" of evidence in a criminal case?
"New York", United States of America
Does solicitor-client privilege attach immediately when the confidential information is provided?
Ontario, Canada
Is a patient's right to refuse medical treatment paramount to what might otherwise be the doctor's obligation to provide care?
"New York", United States of America
Does the appellant have to identify a man named "Killer" who he refused to identify at trial?
California, United States of America
What is the test for determining whether an agreement is unreasonable and therefore illegal?
MultiRegion, United States of America
What is the test for a reversal of a verdict in a personal injury case?
California, United States of America
Is Section 181(a) of the BC Civil Code of Civil Procedure consistent with common law duty of care?
British Columbia, Canada
What is the test for spousal support for a mother who was paid for 18 years of a long-term relationship?
Ontario, Canada
How has the s.7 "right to psychological integrity" been interpreted in the context of medical care?
Nova Scotia, Canada
What is the test for reasonable suspicion in a search and seizure?
MultiRegion, United States of America
What is the test for actionable mental injury?
Ontario, Canada
Is a party who transfers his interest in an action after the action has been commenced and before judgment the proper party to appeal?
California, United States of America
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines?
British Columbia, Canada
Can an expert testify about their reasons for their opinions before a jury?
California, United States of America
What is the test for enforceability of a contract where the contract is unenforceable?
California, United States of America
How has the Court apportioned costs between a plaintiff and defendant?
British Columbia, Canada
What is the difference between the imposition of a trust and the loss of possession of the property at Downey Street?
British Columbia, Canada
What is the test for a search warrant issued by the Court of Appeal?
California, United States of America
What is the test for a charge of possession of a firearm under section 1524(4) of the Criminal Code?
California, United States of America
In what circumstances have eyewitnesses been found not guilty of murder by reason of false testimony?
California, United States of America
In what circumstances will a defendant be convicted of making a terrorist threat against a witness?
California, United States of America
What is the duty of impartiality of a judge?
British Columbia, Canada
What are the elements of the crime of attempted illegal reentry under section 1326 of the Immigration Code?
MultiRegion, United States of America
What is the test for a motion to dismiss an indictment under section 1326(d) of the Immigration Reform Act?
MultiRegion, United States of America
What are the remaining contentions in defendant's defence of involuntary manslaughter under section 192 of the California Penal Code?
California, United States of America
How have instructions been interpreted in a civil case?
California, United States of America
What is the test for a motion to grant a new trial on the grounds of excessive damages?
California, United States of America
What is the statute of limitations for noise from fan jets?
California, United States of America
What is the effect of defendant refusing to attend trial?
California, United States of America
What is the difference between a mimeographed warrant and a night search warrant?
California, United States of America
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner?
British Columbia, Canada
Is section 1170.18, subdivision (m), allowing automatic resentencing of a defendant for a Proposition 47 qualifying crime?
California, United States of America
Does the administrator of a deceased's estate have an affirmative duty to marshal the estate's assets?
California, United States of America
Is the admission or exclusion of evidence reviewed for abuse of evidence?
California, United States of America
How have the courts dealt with the issue of abuse of discretion in certifying a class action?
MultiRegion, United States of America
Does a claim for verbal harassment fail if construed as a retaliation claim?
MultiRegion, United States of America
Does the fact of a defendant's prior conviction of carrying a loaded firearm in public constitute a sentencing factor that renders his conviction a felony?
California, United States of America
What is the test for a cause of action for damages implied from the Fifth and the Fourteenth Amendments?
California, United States of America
When will the burden of producing evidence be reduced from one party to the other?
California, United States of America
What is the test for exhaustion in a federal habeas petition?
MultiRegion, United States of America
Is a restitution order enforceable at civil law?
MultiRegion, United States of America
Is ineffective assistance counsel an appropriate issue in a habeas corpus proceeding?
California, United States of America
What factors are considered by the courts in determining whether to proceed in a class action?
Ontario, Canada
Can a motion to disqualify from a jury be heard before the full jury?
MultiRegion, United States of America
What is the burden of proving substantial evidence in a sexual assault case?
California, United States of America
What is the test for having a serious medical need?
MultiRegion, United States of America
What is the appropriate sentence for making a criminal threat?
California, United States of America
What is the burden of making a claim for damages against defendant defendant?
California, United States of America
Can a criminal defendant who takes the stand in his own trial be impeached with a conviction that had been expunged pursuant to section 1203.4 of the California Code of Civil Procedure?
California, United States of America
What is the effect of a union representing a plaintiff in a Human Rights Tribunal Application?
Ontario, Canada
What is the test for determining whether the jury applied the instruction in an impermissible manner?
California, United States of America
How have the words “for the purpose of hunting” in s.45(1)(b) of the Criminal Code been interpreted?
Alberta, Canada
What is the test for calculating a spouse's income for child support?
Ontario, Canada
Are documents created for the purpose of investigation not protected by litigation privilege?
Ontario, Canada
Does the Court have any authority to exclude from the evidence in a civil case?
California, United States of America
What is the scope of review in a mandamus application?
California, United States of America
Does the jury need to unanimously agree on the form of theft?
California, United States of America
How has the court treated a motion for a new trial?
California, United States of America
Is there a conspiracy to commit second degree murder?
California, United States of America
What is the current state of the law in relation to the requirements of Section 10(b) of the US Federal Trade Commission?
MultiRegion, United States of America
Can activity that merely provide context be stricken under the anti-SLAPP statute?
California, United States of America
How does the Corpus Delicti Rule apply?
California, United States of America
What is the High Trees principle?
Alberta, Canada
What is the test for damages for breach of contract for the purchase and sale of real estate?
New Brunswick, Canada
Is a waiver waiver valid if a lawyer is not available within a reasonable time?
Alberta, Canada
Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice?
MultiRegion, United States of America
Is there any case law in which a plaintiff has been awarded a life-long disability or disability benefit?
Alberta, Canada
What is the test for credibility of evidence in a sexual assault case?
California, United States of America
What is the standard of review for appeal review of an award of damages for damages awarded in a personal injury case?
Canada (Federal), Canada
Can opinion evidence from an ophthalmologist practice in China?
British Columbia, Canada
Can provocation reduce a killing to second degree murder?
California, United States of America
What are the principles applicable when a plaintiff has prevailed on some claims but not others?
California, United States of America
In what circumstances will the court refuse to remand the case for further factual findings?
California, United States of America
How have the courts dealt with the issue of prosecutorial misconduct?
MultiRegion, United States of America
What is the burden of proving that a claim can be amended to state a cause of action?
California, United States of America
What is the test for discharge of a jury in a personal injury case?
California, United States of America
What is the test for determining the nature of a motor vehicle accident?
British Columbia, Canada
What is the test for a mentally disordered sex offender?
California, United States of America
What is the test for a motion to withdraw a guilty or no contest plea?
California, United States of America
Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation?
"New York", United States of America
Is there any evidence that witnesses would be unable to remember the facts of the events in the context of a long delay?
British Columbia, Canada
What is the legal test for an interim remedy?
Ontario, Canada
What is the plausibility standard for determining whether a defendant has committed a criminal offence?
MultiRegion, United States of America
Does a moot claim have to be adjudicated on the merits of an appeal?
California, United States of America
What is the test for a new medical theory?
California, United States of America
When a lawyer appears as a witness in a civil proceeding, can the client waive a conflict of interest?
Ontario, Canada
Is a police officer required to warn a suspect in police custody of their Miranda rights?
California, United States of America
When a trial judge has found under Pen. Code 667.6, subdivision (d), that a defendant committed offenses on separate occasions, that they were committed at the same time, can the judge reverse?
California, United States of America
What is the test for imputing income from a spouse when they are under-employed?
Ontario, Canada
What is the test for a motion to declare a mistrial when a witness makes inappropriate or prejudicial remarks?
MultiRegion, United States of America
How have courts interpreted the meaning of the word "significant" in the interpretation of the California Building Code?
California, United States of America
When will a finding on property division be used to determine spousal support?
British Columbia, Canada
What is the effect of the judgment against defendant in his personal injury case?
California, United States of America
Does the Double Jeopardy Clause apply to the sentencing of a defendant who has been convicted of a similar crime?
MultiRegion, United States of America
What is the standard of review of Commissioner Dion’s decision to reopen a case?
Canada (Federal), Canada
What is the test for good faith and fair dealing in the manner of dismissal of an employee?
Ontario, Canada
Does the Attorney General have any liability for failing to instruct the jury on implied malice in a second degree murder case?
California, United States of America
Does a plaintiff have a right to appointed counsel in a civil case?
MultiRegion, United States of America
Can a confidential communication between an attorney and a client be privileged from disclosure?
MultiRegion, United States of America
What is the difference between an insurance company and a reinsurance company?
California, United States of America
Is there any case law where a plaintiff is entitled to damages for "self-dealing"?
California, United States of America
What is the test for overturning a private agreement concerning child support?
Ontario, Canada
What is the test for a premeditated murder finding?
California, United States of America
Is an affidavit based on hearsay sufficient to support the issuance of a search warrant?
California, United States of America
What is the test for a challenge to the sufficiency of evidence to support a conviction?
California, United States of America
Is employment in law enforcement sufficient to prove bias on a jury?
MultiRegion, United States of America
What is the statute of limitations for a plaintiff to bring a cause of action?
California, United States of America
What is the current state of the law on self-defense instructions?
California, United States of America
Does enhanced courtroom security affect a defendant's right to a fair trial?
MultiRegion, United States of America
Can a warrant be used to search a residence of a visitor or resident without a search warrant?
California, United States of America
What is the current state of the law on alternate theories in a sexual assault case?
California, United States of America
What is the common law presumption of negligence in cases involving motor vehicle accidents?
California, United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
What is the effect of misstating the law about felony murder in a confession?
California, United States of America
What is the test for corroborative evidence in a sexual assault case?
California, United States of America
Is evidence of violent character 2 admissible in a murder trial?
California, United States of America
When a minor modification to a legislative act is a minor amendment to the legislation?
California, United States of America
How has the US Supreme Court interpreted the principle that a vote is worth more in one district than in another?
MultiRegion, United States of America
What is the test for corroborating testimony of an accomplice in a sexual assault case?
California, United States of America
What is the limitation date for a spouse's right of support when they no longer live in a marriage-like relationship?
British Columbia, Canada
How has time been claimed in a personal injury action brought by a husband against his wife for costs from October 2007 to October 2011?
Ontario, Canada
What is the test for disclosing a latent defect in a commercial building?
Ontario, Canada
Does the statute of limitations apply to delayed discovery?
California, United States of America
What is the test for a plaintiff to prove that their employer intentionally discriminated against them?
MultiRegion, United States of America
What is the test for agreeing to agree with the particulars?
Canada (Federal), Canada
What is the test for excluding character evidence in a criminal case?
California, United States of America
In what circumstances will the court take notice of economic disadvantage to a spouse who has been absent from the workforce for a lengthy period?
Saskatchewan, Canada
What is the test for determining whether a plaintiff has a right to claim compensation for injuries sustained in a motor vehicle accident?
Alberta, Canada
What is the difference between compensation for retraining, rehabilitation or loss of competitive advantage and damages resulting from measurable wage loss?
Ontario, Canada
What is the test for judicial misconduct in a personal injury case?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
How have courts interpreted sentencing guidelines for abuse of power?
MultiRegion, United States of America
What constitutes a waiver of the statute of limitations?
California, United States of America
Is there any case law supporting a claim for loss of housekeeping capacity?
British Columbia, Canada
Can a plaintiff bring a lawsuit against a state official on the basis of state law?
MultiRegion, United States of America
What is the evidentiary onus of proof in a motion to set aside a restraining order?
Manitoba, Canada
What is the test for a state attorney to be disciplined for wilful breach of discipline?
MultiRegion, United States of America
In a motor vehicle accident case, in what circumstances will a defendant be found to have been driving at high speed while drunk?
California, United States of America
How have the courts dealt with a motion for a mistrial?
California, United States of America
What is the test for an attempted murder?
California, United States of America
In what circumstances will a defendant be charged with battery with injury on a peace officer?
California, United States of America
What is the statute of limitations for an action brought by a plaintiff against a union that has decided not to pursue the grievance?
MultiRegion, United States of America
What is the test for making a threat against someone?
California, United States of America
What is the test for ineffective assistance of counsel on appeal?
California, United States of America
