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 a plaintiff to plead and prove actual innocence and exoneration of a crime of which he was convicted?
California, United States of America
What is the difference between human rights legislation and the law of tort?
Alberta, Canada
What is the test for criminal contempt under section 654 of the California Criminal Code?
California, United States of America
On remand, on remand and in addition to his due process claim, can he also bring claims related to his confinement in administrative segregation?
MultiRegion, United States of America
How have courts dealt with cases involving unprofessional errors?
California, United States of America
What is the test for defining a crime or defense?
California, United States of America
What is the test for a motion for self-representation in a medical malpractice case?
California, United States of America
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award?
California, United States of America
What is the current state of the law on consent in trespass claims?
British Columbia, Canada
What is the case law for reducing the sentence of first degree murder to second degree?
California, United States of America
What is the test for determining whether an order is binding or binding?
California, United States of America
What is the test for determining whether an allegation of misconduct is a factual allegation?
MultiRegion, United States of America
What is the test for finding probable cause for the forfeiture of a property de novo?
MultiRegion, United States of America
What is the test for determining the applicability of section 654 of the California Civil Code?
California, United States of America
What is the basis to interfere with an extradition judge’s decision?
Ontario, Canada
What is the definition of urgency?
Ontario, Canada
What is the test for a defendant to testify before the New York State Grand Jury?
"New York", United States of America
What is a party's burden to establish standing?
MultiRegion, United States of America
What is the test for using deadly force against someone who has committed a felony?
California, United States of America
What is the test for whether a right of action is conferred by a federal statute?
MultiRegion, United States of America
What is the test for a request by the Chief Commissioner for Human Rights for an inquiry into allegations of sexual harassment against a plaintiff?
Saskatchewan, Canada
Is a failure to raise a meritless objection not ineffective assistance of counsel?
California, United States of America
What is the definition of danger in a job application?
Canada (Federal), Canada
Does the law of qualified immunity need to be reviewed in all decisional cases?
MultiRegion, United States of America
Is a prosecutor misconduct by misstating the law on reasonable doubt?
California, United States of America
What is the test for misconduct in a criminal case when a prosecutor's comments to the jury before the jury are deemed to have prejudiced the trial?
California, United States of America
What is the test for making restitution under the Mandatory Victim Restitution Act?
MultiRegion, United States of America
What is the test for an entrapment defense in a case brought by defendant Armenta-Lopez?
MultiRegion, United States of America
Does a motion to dismiss an indictment for outrageous government conduct need to be reviewed de novo?
MultiRegion, United States of America
Is a term of probation invalid if it has no relation to the crime of which the offender was convicted?
California, United States of America
What is the test for ineffective assistance of counsel in a petition for writ of habeas corpus?
California, United States of America
What is the test for a defence of justification in a defamation case?
Ontario, Canada
What is the current state of the law in this case?
California, United States of America
What is the vulnerability of a plaintiff in a claim for emotional distress?
Nova Scotia, Canada
What is the legal standard for reviewing the legal sufficiency of evidence in a criminal case?
"New York", United States of America
Is a plaintiff's claim that the proceeds of a medical malpractice action are nonassignable?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the effect of an application for orders nisi?
British Columbia, Canada
What is the test for abrogation of a clause in a precluded condition in a testamentary notice of death?
Ontario, Canada
Does section 654 of the California Code of Civil Procedure require the trial court to rule that there are two named victims in a single count of shooting from a motor vehicle?
California, United States of America
What is the test for invoking the principle of cross-examination?
Alberta, Canada
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements?
California, United States of America
What is the test to determine insufficient evidence in a criminal case?
California, United States of America
What is the role of the trial judge in assessing the credibility of the complainants?
Ontario, Canada
Does a state arrest precede a federal arrest?
MultiRegion, United States of America
In what circumstances will police be required to enter a hotel room to investigate allegations of arson and burglary?
California, United States of America
In what circumstances will a party be successful in its claim against a third party?
California, United States of America
What is the test for abuse of discretion in medical malpractice cases?
California, United States of America
How have the courts interpreted estoppel provisions in a life insurance policy where the insurer knew that the insured's representation concerning prior illnesses was false?
California, United States of America
What is the test for determining whether a party has been found guilty of a crime in a civil case?
California, United States of America
How have courts dealt with claims of defamation, defamation and misfeasance in public office?
British Columbia, Canada
What is the legal test for an award under the heading of cost of future care?
British Columbia, Canada
In what circumstances will an independent contractor be held liable in a personal injury action for changing a piece of plywood in the middle panel?
Alberta, Canada
What is the test for intoxication in a criminal case?
California, United States of America
Is there any case law where a defendant has argued that the trial court erred by refusing to admit two items of evidence?
MultiRegion, United States of America
What is the test for upholding a conviction of a defendant in a sexual assault case?
MultiRegion, United States of America
How have the courts interpreted the Sherman Act?
MultiRegion, United States of America
What is the test for the purpose of determining the degree of the crime and the penalty to be imposed?
California, United States of America
Is a defense counsel's statement to the jury that someone who says, "Go do this, punch him, hit him, shoot him," is an aider and abettor?
California, United States of America
What is the test for an abuse of supervisory authority?
MultiRegion, United States of America
What is the test for a solicitor to sue for liens over documents?
Ontario, Canada
How has the jury been instructed on a "deliberation and premeditation" theory of first degree murder?
California, United States of America
Is a pension in pay acceptable when the amount of spousal support is equalized?
Ontario, Canada
Can a defendant who has secured the benefits of a plea agreement and knowingly waived the right to appeal?
MultiRegion, United States of America
Can a plaintiff bring a claim against the individual defendants?
MultiRegion, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments under the same law?
California, United States of America
What is the burden of proving that a fee application is warranted?
MultiRegion, United States of America
Can a defendant appeal from an order asserted to be nonappealable by the Attorney General be considered a petition for writ of habeas corpus or petition for the writ of mandate?
California, United States of America
Can a court officer be sued for gross misconduct for failing to properly investigate a witness in a civil case?
MultiRegion, United States of America
What is the limitation period for establishing substantiality of the victim's testimony?
California, United States of America
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim?
British Columbia, Canada
Is evidence of prior criminal conduct admissible in criminal cases?
California, United States of America
What is the test for using a preponderance of evidence standard in a sexual assault case?
MultiRegion, United States of America
How have courts treated defense counsel's questions in a trial on Voir dire?
California, United States of America
What are the relevant factors in determining the appropriate penalty in a sexual assault case?
British Columbia, Canada
Can a defendant be convicted of a charge of resisting arrest under section 148 of the Penal Code?
California, United States of America
How have courts interpreted an instruction in a medical malpractice case?
California, United States of America
What is the test for falsifying or exaggerating evidence that may be used to demonstrate disability?
MultiRegion, United States of America
How have the courts dealt with a motion to revoke a defendant's community supervision order?
California, United States of America
What is the test for reasonable grounds in the context of privacy protection cases?
British Columbia, Canada
What is the test for federal habeas corpus relief where evidence obtained from an unconstitutional search and seizure was introduced at trial?
MultiRegion, United States of America
What is the penalty of permission to surrender when a licensee is found guilty of misconduct?
Ontario, Canada
What is the test for a judge to instruct a jury on the correct rule of law?
California, United States of America
Can a settlement involving waiver of costs and fees prevent a later action for malicious prosecution?
California, United States of America
What is the state of the law on expert testimony on schizophrenia?
California, United States of America
How have the courts dealt with the issue of lack of remorse in the context of the death penalty?
California, United States of America
Does a defendant have ever been denied access to a law library, legal materials, or other services reasonably necessary for his defense when he is in custody?
California, United States of America
What is the test for assisting a stranger of a nominated trustee?
Ontario, Canada
Does a public safety officer have a constitutional right to remain silent under the Miranda Act?
California, United States of America
How have the courts dealt with the absence of mitigation as an aggravating factor?
California, United States of America
Does the fireman's rule apply to an injured police officer who was injured while pursuing a speeding motorist?
California, United States of America
What is the test for the sufficiency of evidence in a civil case?
MultiRegion, United States of America
How have the courts interpreted the arguments of the prosecutor in their peremptory challenges?
California, United States of America
Does a claim arising from an employee’s status as a non-executive director of a company be deductable from the proceeds of their legal defence?
Canada (Federal), Canada
Is Section 473 of the Code of Civil Procedure applicable to probate proceedings?
California, United States of America
Does a magistrate have to make a practical, common-sense decision whether there is a fair probability that contraband or evidence of crime would be found in a particular place?
California, United States of America
What is the test for establishing the corpus delicti of a crime?
California, United States of America
What is the test for denying a witness's testimony at trial who the jury has chosen to credit?
California, United States of America
Can a tenant be convicted of occupying without a permit?
British Columbia, Canada
Is there standing to the statement of the District Attorney as legitimate argument?
"New York", United States of America
What is the burden of proving cause exists for relief under Section 362(d)(1) of the Bankruptcy and Insolvency Act?
federal, United States of America
Does a Defendant have a right to self-defence if he retreats and withdraws?
California, United States of America
Is a search conducted by a sniffer dog not a search?
California, United States of America
Is a defendant entitled to a forfeiture rule in the statute of limitations when they are convicted of a criminal offence?
California, United States of America
In what circumstances will a defendant's appeal against his sentence for assault be considered a waiver or forfeiture of the sentence?
California, United States of America
When can a request for confirmation of a prescriptive easement be denied if there is no evidence of use for about 4 years?
Manitoba, Canada
What is the test for the proposition that a conveyance of land previously conveyed by a prior recorded deed conveys nothing?
Nova Scotia, Canada
What is the test for ordering restitution in a personal injury case?
California, United States of America
Is a police officer an "executive officer" under section 69 of the Penal Code?
California, United States of America
Does a defendant have a right to a jury trial on prior convictions?
California, United States of America
When can a solicitor be personally liable for costs?
Ontario, Canada
What are some cases where a plaintiff has been successful on appeal?
MultiRegion, United States of America
What is the case law in which the US Supreme Court has ruled that a delay in bringing criminal charges against the accused is a violation of fundamental conceptions of justice?
Alberta, Canada
What is the test for evidence of voluntary intoxication in a murder case?
California, United States of America
Does a cause of action for equitable indemnity exist until the underlying loss is paid?
California, United States of America
Can a parent secretly record an interview with a third party as evidence in a medical malpractice case?
Ontario, Canada
What are the damages for loss of enjoyment of life, loss of amenities, and reduced life expectancy?
British Columbia, Canada
What is the test for determining whether there is a substantial likelihood of success at trial?
Ontario, Canada
Does a conversion of tenure from term to indeterminate constitute an appointment?
Canada (Federal), Canada
How have courts dealt with claims under the Rehabilitation Act and other federal rehabilitation legislation?
California, United States of America
What is the test for a finding of deliberation and premeditation in a murder case?
California, United States of America
Does a defendant in a criminal case who plead guilty and take an appeal from the resulting conviction need to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal?
California, United States of America
What is the effect of an anti-SLAPP special motion to strike attacking service of process?
California, United States of America
What is the test for a preliminary inquiry judge?
Canada (Federal), Canada
Does a promissory note constitute an enforceable contractual obligation to reimburse the County for its defense costs?
California, United States of America
How have instructions been interpreted in a personal injury case?
California, United States of America
How have courts interpreted privilege in a libel case?
California, United States of America
What are the elements of conversion and how have the courts dealt with conversion claims?
California, United States of America
What is the burden of establishing that a lawyer's fees are commensurate with those of a similar lawyer in the community?
MultiRegion, United States of America
In what circumstances will a plaintiff be denied damages for the cost of raising a child?
British Columbia, Canada
Does a court have discretion to sentence a defendant to life imprisonment without possibility of parole?
California, United States of America
When considering a patient's medical history, is it possible for the court to consider a single clinical record?
British Columbia, Canada
What is the “but for” test in motor vehicle accident law?
Yukon, Canada
Does a declaration of delinquency have to be promptly adjudicated?
"New York", United States of America
What is the test for interviewing a witness or suspect in a witness interview?
California, United States of America
Does Section 654 of the California Criminal Code prohibit multiple punishment where the course of conduct is divisible in time?
California, United States of America
What is the test for establishing a relationship of trust between a defendant and a victim?
California, United States of America
Does a suspect have a Miranda right not to speak to the police after he is arrested?
MultiRegion, United States of America
If a court denies habeas relief on procedural grounds without reaching the underlying constitutional claims, should the court issue a certificate of appeal?
MultiRegion, United States of America
What is the test for reassigning a case to a different district judge on remand?
MultiRegion, United States of America
How have courts struck third party notices against the federal government?
British Columbia, Canada
What is a plaintiff required to identify the other parties that are "highly unlikely to produce any result"?
British Columbia, Canada
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
What is the legal test for a prosecutor to file an information charging murder?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence?
California, United States of America
What is the test for determining the sufficiency of evidence in a criminal case?
California, United States of America
Is Respondent entitled to costs and attorney's fees on appeal?
California, United States of America
Is a search of a person's home under the California Penal Code during the night permissible?
California, United States of America
Does section 654 of the California Criminal Code apply to a defendant who committed several sex crimes on a single victim?
California, United States of America
What is the test for determining whether a motel room is an inhabited dwelling for the purposes of a robbery and first degree burglary?
California, United States of America
Are there any cases law or rules of professional conduct or case law or professional conduct that support an arbitrator's finding that an attorney fee is reasonable?
California, United States of America
How have the courts treated a prosecutor's hypothetical facts in a criminal case?
California, United States of America
What is the test for a motion judge to interpret a release?
Ontario, Canada
What is the difference between the abstract and the actual judgment in a criminal case?
California, United States of America
What is the test for a miscarriage of justice exception to the statute of limitation under AEDPA?
MultiRegion, United States of America
What is the test for appealability of an order made after a judgment affecting substantial rights affecting defendant's substantial rights?
California, United States of America
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants?
California, United States of America
What is the burden of ineffective counsel on appeal?
California, United States of America
What is the test for a motion to dismiss probation revocation proceedings?
California, United States of America
In a federal habeas case, what is the test for a federal court to review a state's adjudication?
MultiRegion, United States of America
Does remand and remand serve any purpose in sentencing for assault with intent to cause grievous bodily harm?
California, United States of America
How have courts interpreted "stipulations" in a conditional clause in a contract?
MultiRegion, United States of America
What is the test for establishing that a murder was intentional and premeditated?
California, United States of America
What is the test for adding a party to Rule 6-2(7)?
British Columbia, Canada
Does a defendant have a valid claim to have been denied a plea?
California, United States of America
What is the test for undue influence and unconscionability?
Alberta, Canada
In what circumstances will a court grant a right-of-way?
Nova Scotia, Canada
What is the current state of the law on withholding deportation of people who failed to establish eligibility for asylum?
MultiRegion, United States of America
What is the legal test for giving notice of a criminal charge to an inmate before a disciplinary committee?
MultiRegion, United States of America
What is the burden of proving a witness's availability?
California, United States of America
What is a difference between place of residence and place of domicile?
"New York", United States of America
What is the test for dismissing a Complaint as a matter of law?
MultiRegion, United States of America
What is the burden of proof in a motion brought by a plaintiff against a federal district court?
MultiRegion, United States of America
What is the test for striking a pleading in a family law case?
Ontario, Canada
What is the test for striking out a motion?
Canada (Federal), Canada
If the existing jurisprudence on correctness and reasonableness is unfruitful, what are the factors used to determine correctness and correctness?
Nova Scotia, Canada
What is the case law on surreptitious recording of telephone conversations in a family law case?
Ontario, Canada
What is the test for an administrative officer to make a rule or regulation that alters or enlargens the terms of a legislative enactment?
California, United States of America
What are the issues that the Court will consider on an appeal?
California, United States of America
What is the test for determining whether an aider and abettor is guilty of a greater crime than the direct perpetrator?
California, United States of America
Does section 654 of the California Criminal Code preclude punishment for both burglary and theft where the crime was committed based on intent to commit the crime?
California, United States of America
Can a court correct its own clerical mistake by issuing an order correcting findings after the filing of an appeal?
California, United States of America
Is there a presumption in favour of calculating prejudgment interest?
Ontario, Canada
Does the tender rule apply to a home modification application?
California, United States of America
What are the implications of a federal district court's order certifying a class of up to 250 million class members in an antitrust multi-district litigation?
MultiRegion, United States of America
What is the test for a federal court to grant a motion of habeas pursuant to Section 47 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
In what circumstances will a defense offer an opportunity to respond to the prosecution in their closing argument?
MultiRegion, United States of America
Does Section 654 of the Criminal Code require a stay of sentence on count 3, 3, and the attendant enhancements to the base term of the sentence?
California, United States of America
How has the court interpreted the definition of a "hostile work environment" under the Civil Rights Act?
California, United States of America
Is contingency not a factor in establishing an attorney's fee?
MultiRegion, United States of America
What is the test for a claim for breach of fiduciary duty in negligence?
California, United States of America
What is the test for appeal against acquittal of an accused at trial?
British Columbia, Canada
Does the consent of a minor have to be obtained by police officers who entered her house unannounced with drawn guns?
California, United States of America
What is the test for a motion to dismiss an indictment for failure to state an offense?
MultiRegion, United States of America
What is the test for defamatory statements to be made in a libel action?
Saskatchewan, Canada
What is the test for dismissing a habeas petition in a federal district court?
MultiRegion, United States of America
What rights does a criminal defendant have to counsel?
California, United States of America
Is an obligation to become self-sufficient an obligation?
British Columbia, Canada
Can a party appeal against an order requiring them to produce new evidence to support their claim against the respondent?
British Columbia, Canada
When there is doubt as to whether an action is in assumpsit or in tort, is there a presumption that the action is a tort?
MultiRegion, United States of America
