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.
Can a conviction for violating section 245, subdivision (a)(1) of the California Penal Code stand?
California, United States of America
Does a court have authority to order that a witness testify in a narrative fashion in a criminal case?
California, United States of America
What is the burden of proving that a police interview constituted a custodial interrogation?
California, United States of America
Can a strata corporation correct a bylaw violation by issuing a new letter to the offending owner?
British Columbia, Canada
What is the test for abuse of discretion?
California, United States of America
Does a third party, uninvolved in causing the damage, have to bear the burden of compensating the injured parties?
California, United States of America
What is the test for a plaintiff to have a claim advanced for unjust enrichment?
British Columbia, Canada
What is the test for the court to order a mother to pay child care costs where she works outside the home?
Ontario, Canada
Does the court have to release juror addresses and telephone numbers to the defense?
California, United States of America
What is the test for a cause of action where a doctor causes an infant to be born prematurely?
"New York", United States of America
Does the Attorney General have any grounds to impeach a defendant for misconduct by asking him a question about assault with a firearm?
California, United States of America
Can a delay in the sale of a family home amount to reapportionment?
British Columbia, Canada
What is the most recent common habitual residence of a married couple?
British Columbia, Canada
Is a municipal court commissioner immune from a claim for damages from a judge for failing to comply with a written notice of intent?
MultiRegion, United States of America
What is the case law on informed consent and general anaesthetic?
Nova Scotia, Canada
What is the impact of requiring defense counsel who speak the same language as defendant to act as interpreter at trial?
California, United States of America
What is the current state of the law around the use of statements from a police interview?
MultiRegion, United States of America
What is the test for apportioning attorney fees between the state and federal defendants?
MultiRegion, United States of America
Does a plaintiff have to identify each defendant in the alleged fraudulent scheme?
MultiRegion, United States of America
What is indemnity and what is the definition of indemnity?
California, United States of America
What is the credibility of a police officer's recollection that defendant was searchable?
California, United States of America
What is the test for determining whether there is a need for a judicial review of a decision by the President to grant a hearing?
MultiRegion, United States of America
In a sexual assault case, what is the test for admitting to count 3 of the sexual assault charge?
California, United States of America
Are paragraph numbers 76 and 79 struck from the factum?
Alberta, Canada
What is the test for a parent complaining of estrangement?
Ontario, Canada
Does section 664(a) of the California Constitution bar a defendant from a retrial on an allegation that he committed first degree attempted murder?
California, United States of America
How have the courts interpreted the interpretation of reasons in cases involving judicial review in the immigration context?
Canada (Federal), Canada
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada?
Canada (Federal), Canada
How have courts interpreted a probation order requiring a minor to submit electronic devices to a search warrant?
California, United States of America
What is the test for active participation in a criminal street gang?
California, United States of America
What is the statute of limitations for four separate personal injury petitions?
MultiRegion, United States of America
In what circumstances will a judge grant a new trial for a juror who disclosed bias?
California, United States of America
Does a probation officer have to serve two consecutive terms of probation?
California, United States of America
How have funds been disbursed in advance of an appeal?
Newfoundland and Labrador, Canada
Can a jury member be discharged for failing to agree with the majority of the deliberating jurors?
MultiRegion, United States of America
What is the test for informed consent?
Ontario, Canada
What is the test for determining whether a relationship is "tantamount to spousal"?
British Columbia, Canada
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence?
California, United States of America
What is the test for sustaining a finding that the evidence was insufficient to support the verdict?
MultiRegion, United States of America
What is the test for collusion between plaintiff's mother and defendant's mother?
California, United States of America
Is a covenantor entitled to a holiday from enforcement of his obligation until the trial of the covenantor?
Manitoba, Canada
What constitutes deprivation of residual liberty?
British Columbia, Canada
What is the test for establishing that poverty is not sufficient to prove motive for murder?
MultiRegion, United States of America
What is the test for determining whether a defendant is eligible for an upper term sentence when there is a single aggravating circumstance?
California, United States of America
Is there any case law where a defendant has been found to have violated a plaintiff's constitutional rights by failing to provide an evidentiary justification?
California, United States of America
How have courts interpreted jury instructions in civil cases?
California, United States of America
When will a court apportion costs in a mixed issue family matter between maintenance and support matters and custody and property issues?
British Columbia, Canada
What are the relevant factors for determining whether a sexual assault was committed by the same offender against a different victim?
California, United States of America
How have the courts dealt with allegations that the owner of a barber's shop promotes or permits prostitution?
"New York", United States of America
Is striking out a claim in common law?
Ontario, Canada
What are the essential elements of a conspiracy?
MultiRegion, United States of America
Can intoxication be used as a defense in a specific intent case?
MultiRegion, United States of America
What is the standard of review applied to an allegation of theft?
California, United States of America
What is the standard for a pro forma investigation prior to trial for a capital murder case?
California, United States of America
Is there evidence that there is evidence that a defendant deliberately provoked the victim into an attack that he then warded off through contrived self-defense?
California, United States of America
What is the test for withdrawing from the care of your parents when you are 18 years old?
British Columbia, Canada
What is the test for using grand jury testimony in a criminal case?
MultiRegion, United States of America
Can an application to dismiss a claim as time barred by the operation of a statutory limitation period be properly brought?
British Columbia, Canada
Does litigation privilege apply when a third party has placed a notice of lien against a plaintiff's assets?
California, United States of America
What is the test for obtaining consent to undergo osteotomy surgery?
Alberta, Canada
What is the test for "ready, willing and able" in real estate transactions?
British Columbia, Canada
Is medical corroboration required for a finding of sexual abuse?
California, United States of America
How has the BC Human Rights Tribunal treated the discriminatory application of a policy in discrimination cases?
British Columbia, Canada
What is the test for proximate causation in a motor vehicle accident?
California, United States of America
What are the factors used to assess credibility in a criminal trial?
British Columbia, Canada
Can a jury determine whether a defendant was subjectively aware of the risk to another person as a result of his driving while intoxicated?
California, United States of America
What is the test for a jury to determine whether a defendant can be held liable for using section 1058 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Is there any evidence that a jury did not understand or follow instructions?
California, United States of America
What is the test for determining whether a plaintiff has been injured in a motor vehicle accident?
British Columbia, Canada
What is the current state of the law on the "but for" test for causation?
Nova Scotia, Canada
In what circumstances will a court grant a search warrant for an alleged drug dealer for a period of time?
MultiRegion, United States of America
Is membership of a criminal gang a sufficient evidence to establish aiding and abetting?
California, United States of America
Is there corroboration of the material issues raised in the pleadings?
Alberta, Canada
Does the University of California, San Diego (UCSD) have a right to silence during a review process?
California, United States of America
To what extent of unanimity instruction should have been given in relation to the offense of attempted murder?
California, United States of America
Can a person encouraging or facilitating the commission of a crime be held criminally liable for any other crime that was a natural and probable consequence of the crime?
California, United States of America
What is the role of a judge as a gatekeeper for expert evidence at trial?
Ontario, Canada
What is the effect of a de novo review of an administrative decision?
Canada (Federal), Canada
What is sufficient for a jury to find that the prison medical system ignored or disregarded a sick call request?
MultiRegion, United States of America
What is the test for an inconsistent verdict in a personal injury case?
California, United States of America
What is the principle of a restraining order being granted without notice?
Ontario, Canada
What is the test for admitting a statement by a minor as evidence in a criminal case?
California, United States of America
What factors will the court consider when deciding whether to proceed on a carriage motion?
Ontario, Canada
What is the test for admissible evidence in a civil case?
California, United States of America
What is the burden of pleading and proving in a personal injury action?
California, United States of America
What is the test for establishing that there is a long-term relationship between an individual and a corporation?
MultiRegion, United States of America
Does Section A.1 of the California Building Code, which prohibits a home from being built more than one and one-and-a-half stories in height, render the document ambiguous as to what it means?
California, United States of America
What is the test for a provincial court of inferior jurisdiction?
Alberta, Canada
In what circumstances will the court order that a defendant be found guilty on one count but acquitted on two others?
California, United States of America
What is the test for involuntary administration of psychotropic medication to an inmate?
MultiRegion, United States of America
Is a search warrant valid for the seizure of personal property of a person who has not been identified in the search warrant?
"New York", United States of America
Is the sentence as to count 2 of the 2 counts of perjury stayed pursuant to section 654 of the California Criminal Code?
California, United States of America
Is there a general parental obligation to support an adult child under the Divorce Act?
Ontario, Canada
What are the professional conduct guidelines for a lawyer who imposes conditions of trust on a vendor's solicitor?
Alberta, Canada
What is the basis for a motion for dissolution of a long-term marriage?
British Columbia, Canada
Can a defendant argue that a statement made by defendant to a witness was inadmissible under the California Evidence Code?
California, United States of America
Is there any federal constitutional error or error in instructing a jury to convict a defendant of possession of a controlled substance for sale?
California, United States of America
Does a Respondent to a Motion for Summary Judgment have an obligation to lead trump or risk losing?
Ontario, Canada
What is the test for determining whether an order for monetary sanctions is an abuse of discretion?
California, United States of America
Can a criminal defendant refuse to stipulate or admit his way out of the full evidentiary force of the criminal case?
California, United States of America
What is the state's role in a family law action?
MultiRegion, United States of America
When will a joint custody order actually defeat the child's best interests?
Ontario, Canada
What is the test for sufficiency of evidence under section 186.22 of the Criminal Code?
California, United States of America
What is the test for entitlement for income replacement in a motor vehicle accident claim?
Saskatchewan, Canada
Are we bound by the factual findings of the California Superior Court?
California, United States of America
What is the right to counsel in sentencing proceedings?
California, United States of America
How have courts interpreted the words "stalking" and "harassment" in the context of a restraining order?
California, United States of America
Is a petition for review timely filed?
MultiRegion, United States of America
What is the test for establishing a conspiracy by inference?
British Columbia, Canada
What is the burden of proving that "everybody knows that police use cameras when responding to domestic violence complaints"?
MultiRegion, United States of America
What is the test for damages for libel against the Church of Scientology?
Ontario, Canada
Does the court err in giving instructions to codefendants where one codefendant testified in his own behalf, denied guilt, and incriminated himself?
California, United States of America
What is the test for awarding attorneys' fees to a party successful in seeking confirmation of an arbitration award in the federal courts?
MultiRegion, United States of America
What is the nature of a dividend?
Canada (Federal), Canada
What is the test for the death penalty in a murder case involving a pregnant woman and her unborn baby?
California, United States of America
What is the test for abuse of the sentencing guidelines in the Court of Appeal?
MultiRegion, United States of America
What is the test for the doctrine of negligence in motor vehicle accidents?
California, United States of America
Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions?
MultiRegion, United States of America
Is there an error in the calculation of presentence conduct credit for a violent crime?
California, United States of America
What is the test for cross-examination in a murder trial?
California, United States of America
What is the test for determining whether a witness's testimony is "unbelievable"?
California, United States of America
What is the effect of attacks on the truthfulness of search warrant affidavits?
California, United States of America
What is the test for entering a motor vehicle checkpoint travelling the wrong direction?
"New York", United States of America
Is a crime premeditated when it was considered beforehand and deliberate?
California, United States of America
What is the test for determining the amount of spousal support awarded on appeal?
California, United States of America
Can a fact situation be considered to be within subsection 17(4) of the Federal Court Act?
Canada (Federal), Canada
Is there any case law in favour of a conditional sentence?
Prince Edward Island, Canada
Does the trial court abuse its position in refusing to conduct an evidentiary hearing on the defense allegations of jury misconduct or in failing to compel jurors to testify?
California, United States of America
Does the limitation period apply to a notional opinion?
British Columbia, Canada
Is there any case law where a police officer used excessive force on a suspect's mouth to compel him to surrender the substance?
California, United States of America
Is impecuniosity accepted as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury?
British Columbia, Canada
Is a statement made inadmissible by the hearsay rule?
California, United States of America
What is the test for making advances to certain beneficiaries prior to the payment or transfer dates set out in the Testator's last will and testament?
New Brunswick, Canada
What is the test for reopening a trial?
British Columbia, Canada
Is intoxication a specific intent crime in second degree implied malice murder?
California, United States of America
What is the difference between a father and son’s share of time with the children?
British Columbia, Canada
Does a claim made by the wife in her pleadings and otherwise, or otherwise, until her appeal before this court was heard?
Manitoba, Canada
What is the test for striking down legislation to the extent of the inconsistency?
Alberta, Canada
What are the elements of informed consent in the context of a revision of a primary vertical banded gastroplasty?
Alberta, Canada
Does the prosecutor have to cross-examine defendant on cross-examination?
California, United States of America
In what circumstances will a waiver of privilege be used to compel a witness to testify in testimony?
California, United States of America
Can a temporary detention of a vehicle be made beyond the scope of a border search?
MultiRegion, United States of America
What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce?
Newfoundland and Labrador, Canada
Can a defendant in a state court require an instruction that his failure to testify must be disregarded by the jury?
California, United States of America
Is loss of capacity to do housework a compensable loss to be ordered with restraint?
British Columbia, Canada
What is the test for a defendant's constitutional right to stand trial before a jury?
California, United States of America
Can a probationer be arrested without a warrant?
California, United States of America
Can a jury be instructed on the consequences of failing to reach a unanimous verdict in the second degree?
California, United States of America
What is the test for treating a minority class as an intervener in a class action?
California, United States of America
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work?
California, United States of America
What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party?
British Columbia, Canada
Does disclosure of policy limits to the trial judge give rise to a reasonable apprehension of bias?
British Columbia, Canada
Does a defendant have to prove that he received ineffective assistance of counsel in the trial court?
California, United States of America
Does a conviction for attempted robbery have to be dismissed on appeal?
California, United States of America
What is the test for a motion to dismiss pursuant to FRCP 12(b)(6)?
MultiRegion, United States of America
What is the test for settlement in a personal injury case?
MultiRegion, United States of America
How have the courts interpreted the argument that solicitor-client privilege is not absolute?
Nova Scotia, Canada
Does the joinder of the two separate causes of action constitute an equalization of attorney fees?
California, United States of America
What constitutes a crime of burglary?
California, United States of America
Can a federal court review claims in a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the test for compensatory spousal support?
Ontario, Canada
Does a post-conviction finding that a juror was not impartial under constitutional standards based on their relationship with a witness?
"New York", United States of America
Is a motion to bifurcate the trial of a criminal street gang enhancement reviewed for abuse of discretion?
California, United States of America
Can every ache and pain or medically recognized condition involving some discomfort can support an Eighth Amendment claim?
MultiRegion, United States of America
What is the standard of review applicable in appeals from a final order of the judge?
Ontario, Canada
What is a decedent's successor in interest in a wrongful death action?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for liability in a motor vehicle accident case?
MultiRegion, United States of America
What is the impact of a court's consideration of time spent preparing for, travelling to and attending court on a motion?
Ontario, Canada
What is the sentencing of an adult sexual predator who sexually abused a minor?
Ontario, Canada
What is the appropriate time for an employee to give 8 months notice?
New Brunswick, Canada
What is the sentence for a 17 year old who pled guilty to attempted murder after shooting a man multiple times with a crossbow?
Nova Scotia, Canada
What is the basis for a finding that a judge gave insufficient weight to relevant considerations?
British Columbia, Canada
What is the limitation period for a claim in negligent investigation?
Ontario, Canada
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
How have courts dealt with claims of conspiracy and fraud in a series of causes of action?
California, United States of America
What is the test for imputing income for intentional under-employment?
British Columbia, Canada
Are there any cases where a class representative has been successful in a class action?
MultiRegion, United States of America
What is the threshold problem in this Charter application?
Ontario, Canada
What is the effect of the addition to the word "perfectly self-defence" in the context of imperfect self-defense?
California, United States of America
What is the test for actual possession of a substance?
MultiRegion, United States of America
When a defendant is charged with burglary and receiving stolen property in circumstances where conviction for both offenses is prohibited, what is the appropriate instruction to the jury?
California, United States of America
Can an option to purchase be an enforceable contract?
Alberta, Canada
In what circumstances will a police officer be able to provide direct evidence to a second officer?
"New York", United States of America
Does the collection and dissemination of information indicating an arrestee's immigration status violate his privacy?
California, United States of America
Is reasonable suspicion sufficient to justify a stop?
MultiRegion, United States of America
Is publication by statutory presumption when the words have been broadcast?
British Columbia, Canada
Does a jury need to be unanimous in finding that a defendant bears no burden to prove mitigating factors?
California, United States of America
Is an argumentative question a speech to the jury masquerading as a question?
California, United States of America
How have the courts dealt with the issue of housekeeping allowance in the context of a separation claim?
Saskatchewan, Canada
What is the test for making out a discrimination claim under section 15 of the Charter?
Manitoba, Canada
What is the proper filing date for a pleading in a civil case?
MultiRegion, United States of America
What is the burden of proving ineligibility for a third strike sentence?
California, United States of America
Can a sex offender make an equal protection claim?
MultiRegion, United States of America
What is the scope of cross-examination in civil litigation?
MultiRegion, United States of America
What is the test for admissible video evidence in a medical malpractice case?
California, United States of America
What are the deadlines for making written costs submissions in a personal injury case?
Ontario, Canada
What is the effect of hearsay evidence on a sentence of 3 months?
Alberta, Canada
What is the current state of the law on non-compensatory support for spousal support?
British Columbia, Canada
What are the judicative and judicative facts at trial?
British Columbia, Canada
