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 failure to provide competent representation in a civil or criminal case be a basis for civil liability?
California, United States of America
Does the term "inhabited dwelling house" in section 459 of the California Penal Code apply to burglary of the first degree?
California, United States of America
Can a contractor be held liable for non-urgent deficiencies in their work?
British Columbia, Canada
What is the test for corroborating the testimony of an accomplice in a criminal case?
California, United States of America
What is the test for class action treatment in medical malpractice cases?
California, United States of America
Does the majority of the California Court of Appeal invent new rules in attorney fees?
California, United States of America
How have courts reviewed a challenge to the sufficiency of evidence?
California, United States of America
Can a search warrant be used against a defendant who has been arrested?
MultiRegion, United States of America
Does a court have discretion to prohibit the payment of attorneys fees from frozen assets?
MultiRegion, United States of America
What is the "deferential abuse-of-discretion" standard in determining a reasonable sentence?
MultiRegion, United States of America
What is the limitation on a cause of action for breach of implied contract?
California, United States of America
Can a federal district court reverse an evidentiary ruling for abuse of power?
MultiRegion, United States of America
What is the test for a search warrant for possession of a firearm under the Mental Health Act?
California, United States of America
Is there a defence against want of presentment where there is no evidence that the notes sued on had been presented for payment where made payable?
Saskatchewan, Canada
Does a postjudgment motion to change a plea must be made with reasonable diligence?
California, United States of America
Can a city regulate the possession of alcohol in a public park?
California, United States of America
Can a statement of claim be struck where there is evidence of correspondence and negotiations between the parties?
Alberta, Canada
What are the primary rights of a plaintiff in a foreclosure action?
California, United States of America
What are the elements of a section 52.1 cause of action?
California, United States of America
Is a plaintiff entitled to costs under section 1032 of the California Code of Civil Procedure?
California, United States of America
What is the lawfulness of search and seizure?
MultiRegion, United States of America
In what circumstances will a defendant be found guilty of making a criminal threat?
California, United States of America
What is the test for overturning a finding of domestic abuse?
California, United States of America
Is it a crime for a person to agree to sell a controlled substance and then deliver a substitute?
California, United States of America
What is known as a SLAPP?
California, United States of America
Is a reconsideration application not intended as an opportunity for parties to submit information that they should have put forward?
British Columbia, Canada
Is there any case law in which a trial judge was wrong in finding that a plaintiff was not entitled to be held liable for sexual assault?
British Columbia, Canada
What is the test for interpreting language in a will?
Prince Edward Island, Canada
What is the standard of review for a motion to suppress?
California, United States of America
Can an employer accommodate an employee's physical limitations in getting to and from work?
MultiRegion, United States of America
Does Claim 5(Q) relate back to Claim 5 (D)?
MultiRegion, United States of America
Does a tying claim need to be successful under the rule of reason?
MultiRegion, United States of America
What is the test for determining whether discriminatory reasons were a factor in the decision to refuse to accept an application from a taxi?
British Columbia, Canada
Does a preliminary injunction need to be granted before the 9th Circuit of the Court of Appeal is granted?
MultiRegion, United States of America
Does a halfway house constitute a prison facility for purposes of section 1170.1, subdivision (c) of the California Criminal Code?
California, United States of America
How have courts treated the issue of a father's interest in the marriage of his own son's second wife?
"New York", United States of America
Can substitute counsel be substituted counsel for abuse of power?
MultiRegion, United States of America
Does Harmless error analysis apply to a jury instruction that omits an element of the offense?
MultiRegion, United States of America
How have courts dealt with a motion to dismiss a prior felony conviction under the Three Strikes law?
California, United States of America
What authority does the Court rely on in determining whether a witness has a duty of disclosure?
California, United States of America
Can a defendant withdraw a guilty or no contest plea before judgment?
California, United States of America
What is the role of defense counsel in appellate litigation?
"New York", United States of America
What is the difference between the mandate rule and the law of the case doctrine?
MultiRegion, United States of America
Can a district attorney challenge a juror after the jury has retired?
California, United States of America
Can a plaintiff's mother be compelled to reveal her medical history?
California, United States of America
What is the test for determining whether a party to a civil lawsuit can be found to have committed acts of planning or preparation?
MultiRegion, United States of America
Does plaintiff's failure to slide in front of the other side of the road constitute negligence?
California, United States of America
What is the definition of "intimidation"?
British Columbia, Canada
What is the test for whether a company can be held liable for discrimination?
MultiRegion, United States of America
What is the liability of an owner of a commercial establishment who fails to ensure the safety of patrons?
California, United States of America
Is a defendant entitled to a noticed hearing to determine whether he has the ability to pay the attorney fees under section 987.8?
California, United States of America
What is the evidentiary support for the order of an interim judge?
California, United States of America
Is a criminal offence punishable by section 654 of the California Criminal Code for gross negligence punishable by a single crime arising from two crimes arising from a single, indivisible course of conduct?
California, United States of America
What is the cause of a broken cable in a water treatment works?
Saskatchewan, Canada
In what circumstances will the Attorney General deny that a copy of a Defendant's conviction was certified?
California, United States of America
What is the objective and objective components of an Eighth Amendment claim?
MultiRegion, United States of America
Can a party be held liable for misleading the trial court and then profiting therefrom in the appellate court?
California, United States of America
What is the test for a motion to vacate a judgment against a defendant who has been defrauded by his attorney?
California, United States of America
Can a plaintiff bring a claim for unlawful arrest/search and seizure or excessive force?
MultiRegion, United States of America
What is the effect of an undercover agent's good faith exception to the probable cause requirement?
California, United States of America
What is the test for a jury to convict a defendant of murder on the information charged in counts 3 and 10 of the charge of manslaughter?
California, United States of America
Is alcoholism a recognized mental condition for purposes of rule 4.413(c)(2)?
California, United States of America
What is the effect of dismissing a federal habeas petition on the merits?
MultiRegion, United States of America
Is a Defendant liable for failing to stop at the scene of an accident where a pedestrian was struck by a car?
Alberta, Canada
What is the test for appellate intervention in a parenting schedule?
Ontario, Canada
What is the definition of wilful misconduct in the context of the Financial Conduct Authority?
Canada (Federal), Canada
What is the standard of review for a mother's challenge to the juvenile court's order requiring her visits to take place in a therapeutic setting?
California, United States of America
What is the test for reasonable searches in the context of s.8 of the Charter?
Alberta, Canada
What is the difference between whether an employer is an agent of an insurance company or the agent of the insurance company?
Nova Scotia, Canada
Is there any case law where a fugitive has been convicted of a criminal offence in Canada but not a criminal attempt?
British Columbia, Canada
What is the impact of a private law duty of care on social workers?
British Columbia, Canada
What is a murder committed with malice aforethought?
California, United States of America
In what circumstances will the jury not award damages in a motor vehicle case?
California, United States of America
Does absolute immunity apply to a malicious prosecution claim?
British Columbia, Canada
Does the provision permitting annulment of marriage for physical incapacity to enter into the marital state, or legal impotence, apply?
California, United States of America
Can a defendant withdraw his plea and plead not guilty?
California, United States of America
Does the statute of fraud apply to an oral out-of-court settlement?
California, United States of America
What is the rule on contingently payable legal interest?
California, United States of America
What is the test for confrontation in a witness case?
California, United States of America
What is the defence of defence in the context of a motion of general public opinion?
British Columbia, Canada
How has the voir dire of a jury been applied in a sexual assault case?
MultiRegion, United States of America
What is the test for denying a motion for a continuance on the basis of alleged disparagement of counsel?
California, United States of America
What is the test for a plaintiff to successfully argue that a voluntary association's bylaws do not constitute a cause of action for breach of contract?
California, United States of America
In what circumstances will a cartage agent be held liable for the loss of a trunk?
Saskatchewan, Canada
Does a defendant who urges that his mental capacity was impaired by voluntary intoxication at the time of commission of the crime have the burden to go forward with evidence on that issue?
California, United States of America
Does the Court have jurisdiction to hear an interlocutory appeal asserting the erroneous denial of qualified immunity?
MultiRegion, United States of America
When a motion for a new trial is granted on all or part of the issues raised in the motion, what grounds must the court specify?
California, United States of America
Is a spouse entitled to spousal support when the spouse dies?
Manitoba, Canada
When is an application to amend to advance a substantive claim?
Nova Scotia, Canada
What is the actual time of day for the purposes of determining when to use the time shown on a video surveillance system?
California, United States of America
How have the courts dealt with charges of aggravated assault and carjacking?
California, United States of America
What is the test for a claim of joint responsibility for debt?
British Columbia, Canada
What is the test for an "overbreadth" section of a federal anti-bullying statute?
"New York", United States of America
Does a police officer's failure to explicitly state that he tested the manufacturer’s specifications or instructions affect the reliability of a radar device?
Ontario, Canada
What is the test for support for a sick or disabled spouse who cannot maintain full-time employment?
Ontario, Canada
What is the test for negligent misrepresentation in the context of a fraudulent misrepresentation?
British Columbia, Canada
What is the test for finding a violation of a Fourteenth Amendment right to familial relations generally based on a government actor's affirmative conduct that violates the right?
MultiRegion, United States of America
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action?
Saskatchewan, Canada
What is the effect of the court's remarks to counsel warning the jury that counsel's line of argument was misleading?
California, United States of America
Does section 361.4, subdivision (d)(2) of the California Juvenile Code prohibit the juvenile court from ignoring a disabling criminal conviction?
California, United States of America
What is the test for proving false representation in a contract?
British Columbia, Canada
What is the test for "seized" in the context of the Fourth Amendment?
MultiRegion, United States of America
What are the five factors used in assessing newly discovered evidence in a motion for a new trial?
California, United States of America
Is a plaintiff's failure to include in the record either the operative complaint or the demurrers?
California, United States of America
What is the test for section 12022.5 of the California Criminal Code when it comes to determining whether the victim is more dead than if he had been poisoned, smothered or drowned?
California, United States of America
Can a codefendant for whom the court has appointed joint counsel prove that he was denied effective assistance of counsel?
California, United States of America
Can a police constable with more than 18 months of service be denied any procedural protections?
Saskatchewan, Canada
Does a search conducted pursuant to a probation search condition violate the Fourth Amendment?
California, United States of America
Does a prosecutor have a duty to guard against statements containing inadmissible evidence?
California, United States of America
What are the issues that the Court may have considered in denying a motion to suppress evidence obtained without a warrant?
California, United States of America
How have courts interpreted improper statements by the Attorney General in a criminal case?
California, United States of America
Can a defendant appeal against his sentence for possession of a firearm while on remand?
California, United States of America
What is the burden of proving proper service to a party who has denied service?
"New York", United States of America
What are the circumstances for finding a murder confession coerced?
California, United States of America
What is the impact of good communication between a parent and child?
Nova Scotia, Canada
What is the test for entitlement to lump sum spousal support?
Nova Scotia, Canada
Does the rule of probable cause require police to act with less than absolute certainty of guilt?
MultiRegion, United States of America
What is the limitation period for a claim brought under the Warsaw Convention?
Ontario, Canada
What is the legal test for obtaining access to the names and telephone numbers of a jury in a criminal trial?
California, United States of America
What is the sufficiency of evidence in the context of an allegation of sexual assault?
MultiRegion, United States of America
Is there a rational basis for a reduction in the sentence of a defendant who committed a crime against an elderly adult?
California, United States of America
What is the meaning of the common law implied undertaking rule?
Ontario, Canada
What is the common law transcript of an OPCA litigant's conduct?
Alberta, Canada
What is the test for establishing a constitutional violation by destroying or destroying evidence?
MultiRegion, United States of America
When will a court grant a motion to remand a defendant for failing to pay a fine under section 654 of the Criminal Code for vandalism?
California, United States of America
What is the impact of the screening protocol in police headquarters?
Ontario, Canada
Is a plaintiff entitled to claim damages for failing to recognize that he has been deprived of enjoyment of life as he knew it before the accident?
Alberta, Canada
What is the scope of a probation search?
California, United States of America
Does the individual Plaintiffs have private interest standing?
Alberta, Canada
On appeal, what analysis applies to a motion to reopen?
MultiRegion, United States of America
What is the test for determining whether a pensioner has a valid claim to his retirement benefits?
California, United States of America
What is the test for granting a motion to amend an amended complaint?
MultiRegion, United States of America
How is propensity evidence used in sex crime cases?
California, United States of America
What are the damages for reduction in quality of life for an injured party?
Alberta, Canada
Does a Family Law Court Order (Page 15) order requiring the Attorney General to hold the Child Support Fund and distribute the funds as an undertaking or a writ of execution?
California, United States of America
Can a court overturn a finding that a toolbox containing marijuana was seized during a search at the home of a father and son?
California, United States of America
What is the effect of mandatory listing of the legal authority in Form F31?
British Columbia, Canada
What is the test for instructing a jury on a lesser crime?
California, United States of America
How have the courts interpreted jury instructions in a criminal case?
California, United States of America
Is there any case law supporting a finding that defendant participated in the smuggling operation for the purpose of commercial advantage or financial gain?
MultiRegion, United States of America
What is the test for probable cause for a carjacking?
California, United States of America
What is the test for a criminal defendant to have access to counsel?
California, United States of America
Is Proprietary entitled to sue for damages arising out of negligence?
British Columbia, Canada
What are the consequences of a federal district court's failure to calculate the Guidelines range?
MultiRegion, United States of America
What are the implications of the BCSC’s Costs provisions in the context of litigation costs?
British Columbia, Canada
Does the California Legislature have a constitutional mandate to enact laws requiring trial courts to order restitution in every case?
California, United States of America
What is the test for abuse of discretion in a preliminary injunction?
MultiRegion, United States of America
Is there a statute of limitations defense at the pleading stage?
MultiRegion, United States of America
What is the test for the defense of necessity?
California, United States of America
What is the test for having possession of a searchable item in a search warrant?
California, United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
Is it permissible to consider the division of individual assets separately rather than as a group of s. 65 factors?
British Columbia, Canada
Can an indigent litigant proceed without prepayment of his fees?
MultiRegion, United States of America
Is a trial judge entitled to an award of attorney fees in a personal injury action?
California, United States of America
Does a Superintendent of Motor Vehicles have security of tenure?
British Columbia, Canada
What is the standard of review of a motion where it is alleged the arbitrator erred respecting any inferences of fact drawn?
Ontario, Canada
Can a contract be entered into a contract that is not inherently illegal?
Nova Scotia, Canada
If section 654 of the Criminal Code prohibits multiple punishment, can the trial court stay execution of the sentence on the convictions for which multiple punishment is prohibited?
California, United States of America
What are the implications of a grant of easement to a tenement in a residential tenement dispute?
British Columbia, Canada
Does a right to security of the person of raw milk consumers necessarily be infringed if a cow-share arrangement is found to be illegal?
Ontario, Canada
Does great bodily injury only need to be inflicted on a living person?
California, United States of America
When will a defendant be impeached for refusing to testify in a sexual assault case?
California, United States of America
What is the effect of a finding of error in principle in sentencing a defendant to a new trial?
Canada (Federal), Canada
Does article I, section 31 of the California Constitution bar affirmative action from being defined as "affirmative action"?
California, United States of America
Can a decision made by a municipality be reviewed by the standard of reasonableness?
British Columbia, Canada
What is the meaning of the term "discretionary discretion" in the context of personal injury cases?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found guilty of a federal error by the Court of Appeal?
California, United States of America
What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working?
New Brunswick, Canada
What is the test for maximum contact between the spouses of a separated couple in a custody/access matter?
British Columbia, Canada
Can a federal prisoner appeal the denial of his Section 2255 motion and the court's decision not to hold an evidentiary hearing?
MultiRegion, United States of America
What is the legal authority of this court?
British Columbia, Canada
Is a public entity liable for injuries sustained by an employee in a motor vehicle accident?
California, United States of America
Does The People have to be excluded from a hearing where the District Attorney was not allowed to attend?
California, United States of America
Does a carrier's decision not to pursue subrogation rights after it has properly paid claims under the insurance policy affect the insured's benefits?
California, United States of America
Does the penalty phase jury need to make a written finding?
California, United States of America
What are the elements of a claim based on deprivation of procedural due process?
MultiRegion, United States of America
What are the consequences of a district court's decision to grant a plaintiff attorney's fees?
MultiRegion, United States of America
Is there any case law that supports the principle that damages for personal injury are predictable and uniform?
Alberta, Canada
In what circumstances will common sense appreciation of practical feasibility be appreciated?
Newfoundland and Labrador, Canada
Can a professional person be liable in tort to other persons than their client for breach of their duty to use reasonable care?
Saskatchewan, Canada
What is the test for obtaining a preservation order for partnership property?
British Columbia, Canada
How have the courts interpreted sentencing guidelines in sentencing cases?
MultiRegion, United States of America
Does a local board member have to be a resident of the area over which they have jurisdiction?
MultiRegion, United States of America
What is the test for a defendant's claim that the Government witnesses are lying?
MultiRegion, United States of America
What is the role of an offer to settle?
Ontario, Canada
How has the US Supreme Court dealt with the issue of personal injury cases?
MultiRegion, United States of America
What is the test for instructing a sua sponte on a defense?
California, United States of America
Does the record contain any hearsay from a member of one of the conspiracies used to the detriment of another?
MultiRegion, United States of America
Is there insufficient evidence to convict appellant of assault with intent to commit rape?
California, United States of America
What is the test for deference under Section 2254(d)(1) of the Civil Code of Civil Procedure when a plaintiff seeks ineffective assistance?
MultiRegion, United States of America
What is the effect of deducting a pension from a disability income tax deduction?
Alberta, Canada
Can substantial evidence be proven beyond a reasonable doubt in a sexual assault case?
California, United States of America
What is the test for a party seeking additional production on the basis that it is relevant to abuse of process or prosecutorial misconduct?
Ontario, Canada
What are the findings of the Court of Appeal in a motion to overturn a finding of not guilty of sexual assault?
California, United States of America
What is the legal test for dismissing a mixed federal habeas corpus petition?
MultiRegion, United States of America
What is the test for compound interest in a personal injury case?
Ontario, Canada
Does the jury have a duty to instruct the jury on the essential elements of the charged offence?
California, United States of America
Can a court impose only a single enhancement under section 12022.3 of the Sexual Offences Act, if there are more than one weapon involved in the crime?
California, United States of America
What is the test for establishing a civil conspiracy?
British Columbia, Canada
In a retrial of a man found guilty of causing grievous bodily harm by dangerous driving, what is the test for determining whether or not he was capable of forming that 'malice' which distinguished murder from manslaughter?
California, United States of America
