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 non-compensation award be justified based on need?
British Columbia, Canada
Is appellant entitled to intervene as a matter of right pursuant to section 387, subdivision (b)?
California, United States of America
What is new evidence in the context of a hearing?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
In what circumstances will a search warrant authorize the seizure of a garden, the wood-framed building and the mobile home of a person or persons in control of marijuana plants?
California, United States of America
What are some cases involving the use of pepper spray by the police?
British Columbia, Canada
What is the difference between a two-year-old child and his father's driving time?
New Brunswick, Canada
What is the scope of habeas corpus in an extradition proceeding?
"New York", United States of America
What is the test for obtaining a temporary order for child support from a stepparent where the allegation is that that that parent stood in the place of a parent?
Ontario, Canada
What is the difference between an administrative complaint and a legal complaint?
MultiRegion, United States of America
What is the scope of review of a decision of the respondent Department?
California, United States of America
What is the test for invoking subject matter jurisdiction to bring an Order to Show Cause against Respondent?
MultiRegion, United States of America
What is the test for calculating the range of costs in a personal injury analysis?
Ontario, Canada
What is the test for the affirmative defense in a sexual assault case?
California, United States of America
Is there any case law that supports a jury's conclusion that other evidence supports the jury's conclusions?
California, United States of America
What is the test for staying a sentence under section 654 of the Criminal Code?
California, United States of America
Is a substantially successful litigant entitled to recover costs from the unsuccessful party?
British Columbia, Canada
What is the test for making a claim under section 1417 of the Civil Rights Act?
MultiRegion, United States of America
What is the effect of the probation search condition on a search warrant?
California, United States of America
What is the test for an eviction notice?
Saskatchewan, Canada
What is the burden of the proponent of evidence in a motion to overturn a finding that excluded evidence?
California, United States of America
In what circumstances will a defendant be convicted of a charge of possession of Class A drugs in a restaurant?
California, United States of America
What is the effect of Burchill reasoning in determining that a grievance has been processed at all levels of the grievance process?
Canada (Federal), Canada
What is the impact of an interim motion requiring time for the wife to establish and implement a plan to become financially independent?
Ontario, Canada
Is an affidavit by a lawyer who swore that the affidavit was not fair market value admissible?
Ontario, Canada
When is a passenger not required to wear a safety belt?
Ontario, Canada
Is a stepparent entitled to a quantum of support under s. 5 of the Child Support Guidelines?
British Columbia, Canada
What is a “gift” at law?
Newfoundland and Labrador, Canada
What is the test for a finding of bad faith against a prosecutor who uses deceptive or reprehensible methods to persuade the jury to convict a defendant?
California, United States of America
What is the test for a drug dealer to be convicted of possession of heroin with intent to distribute the drug without trial?
MultiRegion, United States of America
Does a summary judgment order invalidate and enforce a "agreement"?
Ontario, Canada
Does a criminal defendant have a right to be personally present at sentencing and resentencing?
California, United States of America
Is it an efficient intervening cause in a motor vehicle accident?
California, United States of America
Does a defendant have a right to a jury trial of the issue of authenticity, accuracy, or sufficiency of prior conviction records?
California, United States of America
What is the range of damages for a plaintiff who lost his job as a ship foreman at a container gate foreman's position?
British Columbia, Canada
If a contract is not a contract, does it provide a basis for determining what obligations the parties have agreed to?
California, United States of America
Does a search warrant need to be obtained to search a vehicle after an arrest?
MultiRegion, United States of America
Can a plaintiff sue for damages in federal court against a state, its agencies and officials acting in their official capacities?
MultiRegion, United States of America
What is the test for section 654 of the California Criminal Code when it comes to sentencing for sexual assault?
California, United States of America
Does a finding of a danger of intimidation or injury to complainant need to be met by a preponderance of the evidence?
"New York", United States of America
Does a defendant have a "very heavy burden" in challenging the sufficiency of evidence in a criminal case?
MultiRegion, United States of America
Can a search warrant be used to compel the return of a tape recorder?
California, United States of America
Does section 288a of the Maryland Penal Code offend against the non-establishment clause of the Federal Constitution?
California, United States of America
What is the test for determining whether the jury applied the instruction in an impermissible manner?
California, United States of America
What is the impact of a refusal to continue a case for abuse of power?
MultiRegion, United States of America
What is the standard of clinical judgment in medical malpractice when a radiologist fails to diagnose a fracture?
British Columbia, Canada
When is an offer not an offer that ought reasonably have been accepted?
British Columbia, Canada
What is the test for overturning a finding of failure-of-proof?
California, United States of America
In death penalty cases, in what circumstances will the Arizona Supreme Court order that a defendant be denied the death penalty unless there are mitigating circumstances?
MultiRegion, United States of America
What is the test for implementing a provision of security for a support order?
Ontario, Canada
In what circumstances will the exclusionary rule be applied in a civil matter?
California, United States of America
Is there a triable issue as to whether there is a conspiracy against the police?
MultiRegion, United States of America
What is the test for a motion to have a fact-finding hearing?
Ontario, Canada
Is solicitor-client privilege applicable to invoices of lawyers?
Saskatchewan, Canada
Can an employer be vicariously liable in a motor vehicle accident?
Alberta, Canada
What is the test for exclusion of evidence in a personal injury case?
California, United States of America
What is the current state of the law in the context of a driving prohibition review?
British Columbia, Canada
Is a defendant entitled to credit against his sentence for his time in custody?
California, United States of America
Does a motion to dismiss a claim for intentional infliction of emotional distress have to be dismissed?
"New York", United States of America
When will a court refuse to instruct a defendant on a lesser included crime?
California, United States of America
What constitutes a search and seizure under the Fourth Amendment?
California, United States of America
Does a bargaining order need to be issued against Triumph Curing Center?
MultiRegion, United States of America
What are the reasons given by the District Court for excluding Rule 403 evidence in a civil case?
MultiRegion, United States of America
What is the test for validity of a foreign divorce?
Ontario, Canada
What is the burden of proving a valid Miranda waiver?
California, United States of America
What is the scope of a search warrant that incorporated the sworn affidavit of the case agent?
MultiRegion, United States of America
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
What is the "plain view" exception to the search warrant requirement?
California, United States of America
In what circumstances will a woman in her own home attack a police officer with a knife?
California, United States of America
Does the Fifth Amendment privilege apply to a person who is subject to governmental coercion?
California, United States of America
What is the test for establishing the Bishop Street gang as a criminal street gang?
California, United States of America
Does a claim of ineffective assistance of counsel in a motion for writ of habeas corpus need to be brought before the Court of Appeal?
California, United States of America
What is the test for reversal of a jury verdict in a personal injury case?
California, United States of America
What are the requirements for a jury to convict a defendant in a sexual assault case?
California, United States of America
Can a plaintiff in a personal injury action recover for loss of income from a business?
California, United States of America
What is the current state of the law on searches conducted without a warrant?
California, United States of America
Can a landlord's expressed assent to a new lease constitute a surrender of the previous lease?
British Columbia, Canada
What is the test for judicial review of a motion of appeal?
MultiRegion, United States of America
What is the test for qualified immunity in the context of a search warrant application?
MultiRegion, United States of America
How have courts dealt with a motion to amend the complaint and invalidate the bail bond?
California, United States of America
Is there a reasonable expectation of privacy in the context of a search and frisk in a prison cell?
British Columbia, Canada
Can an employer recover damages from an employee for failing to provide a safe workplace?
MultiRegion, United States of America
Is there a reasonable probability defendant would have received a more favorable verdict if evidence of sexual abuse had been admitted?
California, United States of America
What factors will be considered on an interim application for child and spousal support?
British Columbia, Canada
Does a school have a duty to supervise or provide for the protection of pupils on their way home?
California, United States of America
What is the test for abuse of discretion?
California, United States of America
What is the peremptory test for the purpose of excusing a prospective juror?
California, United States of America
What is the test for quantifying future earning capacity for a plaintiff?
British Columbia, Canada
What is the test to determine the sufficiency of evidence in a sexual assault case?
California, United States of America
Does the trial court have abused its discretion by allowing only one witness to testify?
California, United States of America
In what circumstances will a jury consider the credibility of a witness in a criminal case?
California, United States of America
What is the test for adjourning a trial?
Ontario, Canada
In what circumstances have the courts found that a police informant in a search warrant application was unreliable?
MultiRegion, United States of America
What rights does a defendant have to make a closing argument in a criminal bench trial?
California, United States of America
What is the test for probable cause in a case of mistaken identity?
MultiRegion, United States of America
What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree?
California, United States of America
What is the test for discovery of the factual basis for obtaining a dismissal by the district attorney?
California, United States of America
What is the test for reversal of a criminal verdict when there is a conflict of interest?
California, United States of America
What is the test for refusing to provide a breath sample?
British Columbia, Canada
What is the test for a flexible approach to causation in medical negligence cases?
Ontario, Canada
Is there a conflict of interest in the assignment of counsel to represent an indigent defendant?
California, United States of America
What is the relevant inquiry under the Sixth Amendment under which the government has interfered with the right to counsel of the accused by "deliberately eliciting incriminating statements"?
MultiRegion, United States of America
In what circumstances will a court allow a purchaser to rescind a contract of purchase of a vehicle that is not a 1950 vehicle?
British Columbia, Canada
What is the test for awarding attorneys' fees under Code of Civil Procedure section 1021.5?
California, United States of America
What is the test for determining whether a lodestar is a reasonable fee?
MultiRegion, United States of America
What is the test for cross-complaint filing?
California, United States of America
What is the consequence of a disposition of an appeal where a motion for a new trial was denied?
California, United States of America
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial?
California, United States of America
What is the test for denying a motion to suppress a search?
MultiRegion, United States of America
Does a subsequent dismissal of a petty theft charge render the arrest itself unlawful?
MultiRegion, United States of America
What is the test for making an order for costs deviating from the Schedule 4 tariff?
British Columbia, Canada
What venue lies where only one part of the crime has been done in one county but the other part has been committed in another?
California, United States of America
What is the test for a Commissioner to find a claimant guilty of malpractice?
MultiRegion, United States of America
What is the test for arbitrator's decision in a family law mediation/arbitration matter?
Ontario, Canada
Does the burden of proof change when the trial judge reversed the burden?
British Columbia, Canada
What is the impact of the amendment to the California Medical malpractice act on discovery and discovery?
California, United States of America
What is the test for probable cause in a criminal case?
California, United States of America
Does a plaintiff have to prove that she forgot that she had burned a letter to her ex-partner?
MultiRegion, United States of America
When will a motion to vacate a motion brought by a defendant's attorney be dismissed?
California, United States of America
What is the test for sentencing a defendant to two-thirds of his sentence under section 1170.1 of the California Criminal Code?
California, United States of America
Can a car driver cause a cyclist to crash without actually hitting the cyclist?
British Columbia, Canada
What are the elements of a motor vehicle crime?
California, United States of America
Is a defendant's conduct after a crime relevant circumstantial evidence showing consciousness of guilt?
California, United States of America
What is the current state of the law on "originalism" in the context of constitutional interpretation?
Yukon, Canada
Does section 654 of the California Criminal Code apply to a defendant who committed an act of sexual assault while under the influence of alcohol?
California, United States of America
What is the standard of review for the prosecution in a civil case?
California, United States of America
What is the legal test for standing in a building scheme?
British Columbia, Canada
Can an attorney be considered an expert in the drafting and advising of a contract?
California, United States of America
Does the Health and Safety Policy have any power of decision regarding dental care?
British Columbia, Canada
What is the test for exhaustion in a federal habeas petition?
MultiRegion, United States of America
What is the test for giving an instruction in a case where the judge refused to grant the instruction?
California, United States of America
What is the range of damages awarded by a court for a photographer who fails to show up for a wedding?
Saskatchewan, Canada
Is there a difference between seizing and holding a car before presenting the probable cause issue to a magistrate and carrying out an immediate search without a warrant?
MultiRegion, United States of America
What is the test for proving that someone committed a crime for the benefit of a gang?
California, United States of America
Is a plaintiff entitled to fees and costs under section 14030 of the California Civil Code?
California, United States of America
Does the prosecutor's statement on rebuttal that defense counsel testified that there are no apartment complexes directly across from the Perezes improperly accused her counsel of testifying?
California, United States of America
What is the test for setting aside a finding of fact?
California, United States of America
What is the test for causing nuisance in a tort action?
British Columbia, Canada
Does a good faith settlement between economic and noneconomic damages need to be allocated post-trial?
California, United States of America
What is the legal test for "abuse of discretion" in a motion to review a ruling by a superior court?
California, United States of America
What is the reason the court dismissed the case against the District Attorney for failing to preserve bloodstains?
California, United States of America
What is the legal test for the interpretation of implied contract?
Saskatchewan, Canada
What is the legal test for determining the value of a person's property when it is not worth it?
MultiRegion, United States of America
What is the current state of the law in relation to the criminal conviction of former NBA player Landon Ball?
MultiRegion, United States of America
What is the test for determining whether there is probable cause plus balancing test?
California, United States of America
Does a defendant have any evidence supporting his claim that a prosecutor committed error by arguing that the default finding was second degree murder?
California, United States of America
Can an appellant have been prejudiced by the denial of self-defense instructions dependent on his trespass theory?
California, United States of America
What is the "exigent circumstances exception" under the Fourth Amendment?
MultiRegion, United States of America
Is nondisclosure a valid basis for vacating an arbitration award?
California, United States of America
Is there substantial evidence that would have raised a reasonable doubt as to whether defendant unlawfully possessed or transported prescription medications?
California, United States of America
What is the test for a waiver of the Miranda rights?
California, United States of America
What is the test for committal under s. 29(1)(a) of the Extradition Act?
British Columbia, Canada
What is the test for a harmless error analysis in a motor vehicle case?
California, United States of America
In what circumstances will a defendant be found guilty of a charge of possession of a firearm with intent to commit a felony?
California, United States of America
What is the test for discrimination in the collective bargaining process?
Saskatchewan, Canada
What is the test for determining whether there is an Eighth Amendment violation?
MultiRegion, United States of America
Is there a reasonable possibility that there has been an abuse of discretion in a claim?
California, United States of America
How has section 654 of the Criminal Code been applied in the context of a street terrorism charge?
California, United States of America
What is the test for a judge to determine what is in the best interests of the children of a separated parent?
Ontario, Canada
How have the courts dealt with the evidentiary challenges of a defendant in a civil case?
California, United States of America
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement?
British Columbia, Canada
What is the test for a negative declaration for "prejudicial abuse of discretion"?
California, United States of America
What is the effect of a Family Law Order requiring the parties to stand trial for the next two years of their relationship?
British Columbia, Canada
Is a jury's instruction in a felony murder case sufficient to grant a motion of habeas corpus relief?
MultiRegion, United States of America
What is the test for admitting evidence that does not directly establish an element of the charge?
MultiRegion, United States of America
Does a defendant waive the issue of suppressing evidence at trial on Fourth Amendment grounds?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of a sexual assault where there are more than one factual basis for conviction?
California, United States of America
Can a federal district court deny bail for a defendant charged with a capital offence where the government is not seeking the death penalty?
MultiRegion, United States of America
Does defendants have a Ninth Affirmative Defense?
MultiRegion, United States of America
What is the test for dismissal of a claim for damages brought by a plaintiff against a police department?
MultiRegion, United States of America
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order?
British Columbia, Canada
What is the standard for review of a district court's determination that it lacks subject matter jurisdiction?
MultiRegion, United States of America
What is the test for awarding attorney fees under a contractual contract?
California, United States of America
Can a defendant succeed on a claim of ineffective advisory counsel?
California, United States of America
What is the current state of the law on criminal conspiracy?
MultiRegion, United States of America
Is an arbitrator's exclusion of all parties from an arbitration hearing an error of law?
California, United States of America
What are the conditions of a contract where the contract does not specify the amount of fees payable?
California, United States of America
Is there a presumption that a witness who testifies to an affirmative or negative memory should be credited with a negative memory?
British Columbia, Canada
In a civil action brought by a prisoner, what is the test for making a third amended complaint?
MultiRegion, United States of America
Does a juror have a right not to be excluded from a jury on the basis of race?
MultiRegion, United States of America
What is the test for making a Miranda warning?
California, United States of America
What is the test for reducing a criminal conviction to a misdemeanor?
California, United States of America
Is possession of stolen property sufficient to support a burglary conviction?
California, United States of America
What factors are considered to determine whether a plaintiff has been successful in obtaining an injunction against the Superior Court?
MultiRegion, United States of America
Is a life sentence imposed under section 186.22 of the California Criminal Code applicable to a convicted gang member?
California, United States of America
Does the California Real Estate Commissioner have authority to revoke a real estate broker's license?
California, United States of America
What is the nature of a predecessor provision in s. 463 of the Criminal Code of Australia?
British Columbia, Canada
What is the test for presenting rebuttal testimony in a sexual assault case?
California, United States of America
Under what circumstances will the court grant a warrant for a search of a suspected chemical lab without a warrant?
MultiRegion, United States of America
What is the test for an order under section 265.6 of the Rules of Civil Procedure?
New Brunswick, Canada
Is a party to a contract in controversy able to continue to sue for damages in a separate action?
California, United States of America
What is the test for establishing a real and substantial connection between a forum and a plaintiff's claim?
Ontario, Canada
Can a municipality declare a state of emergency under its by-laws?
British Columbia, Canada
What is the test for impeaching a defendant's credibility in a criminal case?
California, United States of America
Is active concealment a claim of fraud?
British Columbia, Canada
What is the government's burden of making a strong showing that it is likely to prevail against procedural due process claims?
MultiRegion, United States of America
What is the state of the law on "executive clemency"?
MultiRegion, United States of America
When determining responsibility for the publication of an opinion by the editor-in-chief of a news website, can the trier of fact consider individual statements as a whole?
British Columbia, Canada
What is the effect of Rule 60(b)(6) relief?
MultiRegion, United States of America
What is the test for maintaining a road in a reasonable state of repair?
Saskatchewan, Canada
