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.
How has the federal court interpreted a motion to dismiss?
MultiRegion, United States of America
What is the test for determining the voluntariness of a confession in a criminal case?
California, United States of America
Under what circumstances will a search warrant be granted?
MultiRegion, United States of America
What is the test for establishing that evidence will be lost or destroyed?
MultiRegion, United States of America
What is the test for correcting a misnomer on a document?
British Columbia, Canada
What is the test for an individual to claim that they are not a taxpayer?
MultiRegion, United States of America
What is the test for contributory negligence in a motor vehicle accident?
California, United States of America
What is the test for determining liability in a motor vehicle accident?
California, United States of America
Does denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights?
MultiRegion, United States of America
What is the effect of section 654 of the California Criminal Code on the sentence of a man convicted of assault with intent to pervert the course of justice?
California, United States of America
What is the test for a party to plead before a court?
British Columbia, Canada
Does a criminal defendant have a right to appeal against the Court's decision to terminate his parole?
California, United States of America
What is the test for "rule of lenity"?
"New York", United States of America
What should appellate counsel who wish to raise the issue of inadequate trial representation join a verified petition for habeas corpus?
California, United States of America
Is a defendant’s predominant motivation (i.e. religion or expression) to exercise s. 2(b) freedom of expression?
Ontario, Canada
What factors have the parties agreed to consider in a medical malpractice case?
Ontario, Canada
Can a judge order a judgment based upon findings made by another judge?
California, United States of America
What is the legal basis for an award of attorney fees in an arbitration?
California, United States of America
Does a solicitor have authority to bind a client to the terms of settlement?
British Columbia, Canada
What is the test for determining whether the use of a jackhammer to search beneath a concrete slab was unreasonable?
MultiRegion, United States of America
What is the test for a parent seeking to restrict access to their child?
Ontario, Canada
How has the privative clause been interpreted in the context of an administrative tribunal case?
Manitoba, Canada
How have courts interpreted "implied" waiver provisions?
MultiRegion, United States of America
What is the difference between loss of jurisdiction over the person and over the offence?
Canada (Federal), Canada
What are the two foundations of a claim for sexual assault against the complainant?
Prince Edward Island, Canada
Can a magistrate judge's report and recommendation (recommending that the Commissioner grant judgment on the pleadings) be reviewed?
MultiRegion, United States of America
What is the current state of the law in the context of eavesdropping allegations?
California, United States of America
What are the elements of knowing assistance required for an intermeddler or stranger to the breach of trust or fiduciary duty?
Alberta, Canada
What is the test for presumption of ownership of property when a third party has possession of the property without explanation?
"New York", United States of America
What is the common law transcript of an OPCA litigant's conduct?
Alberta, Canada
What is the test for an application to be certified as a result of a violent crime?
California, United States of America
What is the test for appointment of counsel in a criminal case?
California, United States of America
What are the grounds for appeal against a finding that there is no arguable issue on appeal?
California, United States of America
What analysis of a Deputy Commissioner's decision, which upheld in part the applicant's grievances, is transparent and intelligible?
Canada (Federal), Canada
What is the test for admitting evidence of a defendant's prior sexual abuse as propensity evidence in a sex crime case?
California, United States of America
What is the test for determining whether a defendant is liable in a motor vehicle accident where an independent intervening force actively operates to produce injury?
California, United States of America
Does a federal court have the power to grant habeas corpus relief against a state court's misapplication of its own sentencing laws?
MultiRegion, United States of America
What is the test for changing a person's rights?
California, United States of America
Can a police officer who poses as an undercover officer to obtain a false confession be allowed to testify in a criminal case?
California, United States of America
Does compliance with section 1237.5 and a certificate of probable cause apply to issues going to the validity of the plea?
California, United States of America
In what circumstances will a plaintiff have to prove that he was subject to past persecution?
Canada (Federal), Canada
What is the test for whether a prison officer can use a crossbow to shoot and kill an inmate who is protesting against the use of the crossbow?
MultiRegion, United States of America
What is the test for spousal services given by one party to the other in relationships?
British Columbia, Canada
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver?
California, United States of America
Can a hotel owner waive his guests' Fourth Amendment rights if the police enter the common areas of the hotel?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found competent to stand trial?
MultiRegion, United States of America
What is the test for determining whether a tortfeasor has been found to have been responsible for a second source or cause of damages?
British Columbia, Canada
How have the courts treated the prosecution's argument about failing to call logical witnesses?
California, United States of America
Can a defendant seek suppression of evidence obtained by the police from a third party in violation of the third party's rights?
"New York", United States of America
What is the test for determining the appropriate division of assets between spousal support and quantification?
British Columbia, Canada
What is the test for making statements in the course of police interrogation?
California, United States of America
What is the test for in-trust claims in a personal injury case?
British Columbia, Canada
In what circumstances will a judge order retroactive support from the date that the wife gave notice of separation?
Ontario, Canada
Does a mandatory life without possibility of parole sentence violate the Eighth Amendment?
California, United States of America
What is the test for granting a jury view of a crime scene?
California, United States of America
Can a plaintiff bring a claim for sexual harassment against other employees that did not occur in her presence or immediate workplace environment?
California, United States of America
Does a juror need to actually discuss the case or receive information about the case from a nonjuror?
California, United States of America
In what circumstances will a court order that a transcript of a hearing be transcribed and transmitted?
California, United States of America
Is there any case law where a party has been denied a hearing by the Court of Appeal for more than a year due to delay?
British Columbia, Canada
What is the test for establishing that a party has agreed to something on an without prejudice basis?
Ontario, Canada
What is the test for double criminality?
Ontario, Canada
When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court?
California, United States of America
Is stagnant air or poor lighting a sufficient harm for the Eighth Amendment?
MultiRegion, United States of America
Does a selling agent have a duty to scrupulously avoid a potential conflict of interest?
British Columbia, Canada
What is the test for a court to exercise discretion in deciding whether or not to intervene in a civil matter?
British Columbia, Canada
What is the test for assessing contradictory evidence in a medical malpractice case?
California, United States of America
When a party continues to prosecute an action after becoming aware that the action lacks probable cause?
California, United States of America
What is the test for allowing a plaintiff to amend their complaint?
California, United States of America
What is the case law on critique evidence?
British Columbia, Canada
What is the relevant section of the California Code of Civil Procedure where constructive notice has not resulted in actual notice?
California, United States of America
Does a defense counsel have ineffective assistance in failing to object to evidence in a criminal case?
California, United States of America
Can gang evidence be used to prove a defendant has a criminal disposition and so must be guilty of the charged crimes?
California, United States of America
Does a defendant have to agree to a response to a jury question on appeal because defense counsel suggested and consented to the responses given by the trial court?
California, United States of America
Can a plaintiff bring an unjust enrichment claim?
MultiRegion, United States of America
Does an employer have "actual knowledge" of dangerous equipment used by a contractor?
California, United States of America
Under section 70.25(2) of the New York State Criminal Code, under what circumstances will sentences for two or more offences run consecutively?
"New York", United States of America
Can a jury consider the guilty plea of a testifying coconspirator as evidence against other defendants?
California, United States of America
What is the test for a motion for a judgment of acquittal?
MultiRegion, United States of America
Does the full misdemeanor sentence violate equal protection?
California, United States of America
Is the unclothed body of a murder victim insufficient to prove that a rape or attempted rape occurred?
California, United States of America
Does a plaintiff have an obligation to take all reasonable measures to reduce her damages?
British Columbia, Canada
What is the test for an official to determine whether there is a substantial risk of serious harm to a person in a motor vehicle accident?
MultiRegion, United States of America
What is the current state of the law on lost profits?
California, United States of America
How have the courts treated the testimony of the prosecutor in a jury trial?
California, United States of America
What is the test for damages for lost earning capacity?
British Columbia, Canada
What are the implications of Proposition 47's reclassification of theft and drug possession as a misdemeanor?
California, United States of America
Is possession of ill-gotten gains a right to disgorgement?
MultiRegion, United States of America
Is there an ongoing emergency at the time statements were made by the victim to the police?
California, United States of America
What is the test for admitting expert testimony at trial?
California, United States of America
What is the difference between the words “variations” and “additional conditions” on a policy?
Ontario, Canada
Can a defendant argue that a witness's entire testimony is unreliable and unreliable?
California, United States of America
What is the test for carrying on business?
Alberta, Canada
Does the fact that a police officer uses a flashlight to pierce the darkness of the night to search a vehicle is sufficient to constitute a search?
British Columbia, Canada
Does a failure to raise section 654 in the trial court create forfeiture?
California, United States of America
What is the standard of review for a motion for continuance?
California, United States of America
What is the sentence for a defendant convicted of first degree murder with at least one special circumstance?
California, United States of America
Does the Attorney General have authority to admit or reject evidence of other crimes that were not connected to defendant?
California, United States of America
Does attorney work-product privilege apply to the litigation for which the documents were prepared?
"New York", United States of America
What is the test for standing in a civil case?
MultiRegion, United States of America
What is the test for determining whether or not a party has committed an act of sexual assault?
MultiRegion, United States of America
What is the test for a second degree murder?
California, United States of America
Can a purchaser under an agreement of sale continue to make payments to the vendor after having notice of a subsequent mortgage?
Saskatchewan, Canada
What is the current state of the law on sentencing for reckless driving?
MultiRegion, United States of America
What is the standard of review of the draft Bill for the purpose of determining whether it complies with s. 2 of the RIA?
British Columbia, Canada
What is the test for judicial review of the integrity of a public official or his performance in office?
"New York", United States of America
How does the abuse of discretion test apply on appeal?
California, United States of America
What is the effect of the Court of Appeal's finding that the form of a release and the timing of the release are not essential to the agreement?
Ontario, Canada
Does the forfeiture clause render the retaliatory eviction defense applicable?
California, United States of America
In what circumstances will a court overturn a section 647.6 sexual assault conviction?
California, United States of America
What are the findings of an independent review of the record?
California, United States of America
Does "of" a release of litigation claims fall within scope of section 425.16, subdivision (e)(2) of the California Anti-SLAPP Act?
California, United States of America
What is the test for changing a custody order?
British Columbia, Canada
Under what circumstances can a probationer be searched without a warrant?
California, United States of America
What factors will be used to determine damages in a motor vehicle accident case?
British Columbia, Canada
Is a defendant's failure to object to "were they lying" questions forfeited a claim of prosecutorial misconduct?
California, United States of America
What is the test for the doctrine of excessive force in a civil case?
California, United States of America
Can bias of a single juror deprive a criminal defendant of his constitutional right to impartiality?
California, United States of America
What is the difference between police evasion and felon firearm possession?
California, United States of America
What is the range of sentences for a defendant convicted of attempted murder under section 12022.53 of the California Criminal Code?
California, United States of America
What is the state of the law in relation to the authenticity of documents filed in a personal injury action?
Ontario, Canada
What is the test for continuing contravention of human rights legislation?
British Columbia, Canada
What is the meaning of the word “support” in the definition of maintenance?
Saskatchewan, Canada
What are the findings of an independent review of the record for potential error?
California, United States of America
In what circumstances will the Attorney General argue that a defendant's retrial of his intent to commit a criminal offence would violate the constitutional prohibition of double jeopardy?
California, United States of America
What is the test for a party to bring a claim of insufficiency of evidence?
California, United States of America
What is the test for proving that a defendant has not suffered prejudice against a plaintiff?
British Columbia, Canada
If a party who is representing themselves at the Court of Appeal is denied a hearing, can they continue to argue in their own behalf?
California, United States of America
What is the scope of cross-examination in a civil case?
MultiRegion, United States of America
What is the child support obligation of a biological parent?
British Columbia, Canada
What is the test for paying a bribe under Section 201(a)(1)(A) of the Criminal Code?
MultiRegion, United States of America
Is a preliminary injunction against a motion to dismiss the appeal mooted by the Court?
California, United States of America
What is the test for exclusion of evidence in a sexual assault case?
California, United States of America
What is the test for ordering a section 30 assessment?
Ontario, Canada
Does a qualifying settlement offer that requires a voluntary dismissal with prejudice meet the requirements of section 998 of the California Code of Civil Procedure?
California, United States of America
In what circumstances will the Court uphold a judgment against a landlord for breach of the implied warranty of habitability?
California, United States of America
What is the impact of section 1237.55 of the California Criminal Code on a certificate of probable cause?
California, United States of America
Is Defendant's appointed counsel required to file a supplemental brief to review the record for error?
California, United States of America
How have courts treated a defendant's request for self-representation?
California, United States of America
Is a jury permitted to infer recklessness solely from proof of excessive speed?
MultiRegion, United States of America
What is the test for a jury to find a plaintiff in a civil case?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
Is a bankrupt a fiduciary position?
Alberta, Canada
What is the test for oral evidence in a mortgage application?
British Columbia, Canada
What is the test for overturning a conviction based on insufficient or circumstantial evidence?
California, United States of America
What constitutes a prosecutor's conduct in the federal and state criminal courts?
California, United States of America
What are the principles applicable to the assessment of damages for loss of earning capacity?
British Columbia, Canada
What is the test for admitting gun possession at a probation violation hearing?
California, United States of America
What is the proper order of proof in a criminal trial?
California, United States of America
What is the definition of "pubescent" as "arriving at or having reached puberty"?
California, United States of America
What is the test for a defendant to successfully appeal against a Rule 11 error?
MultiRegion, United States of America
Is a convicted rapist who was convicted of rape and robbery eligible for impeachment for the purposes of the impeachment process?
California, United States of America
Does Section 245(a)(1) of the California Penal Code apply to assault with a weapon other than a firearm?
California, United States of America
Can a search warrant be used to seize items that are not specified in the search warrant?
Nova Scotia, Canada
What is the test for setting out the facts in the context of a plaintiff's claim?
California, United States of America
Does defendant have any grounds to waive a jury trial by acting as his own counsel?
California, United States of America
In what circumstances will a prosecutor comment on the failure of the defense to call logical witnesses?
California, United States of America
What is the test for cross-examining a witness who has become unavailable?
California, United States of America
Does the California Supreme Court have authority to interpret the meaning of the California Civil Code as "plain meaning"?
California, United States of America
What is the current state of the law in relation to disclosure of personal information?
MultiRegion, United States of America
Does a court have any authority to modify a plea agreement that requires a defendant to complete a drug treatment program to avoid prison?
California, United States of America
What is the test for jointly and severally liable defendants in a motor vehicle accident?
Alberta, Canada
Is possession of a controlled substance with intent to sell not lawful possession?
"New York", United States of America
What is the test for determining whether a defendant would have pleaded a different way of pleading?
MultiRegion, United States of America
Can a police officer prevent or delay an investigation into allegations that a group of teenagers were engaging in illegal activity?
California, United States of America
How have the courts dealt with the issue of income determination for each party?
Manitoba, Canada
Is a motion to amend an amended complaint supersets the original complaint?
MultiRegion, United States of America
What is the test for an expert's analysis of crime scene data at a jury trial?
California, United States of America
What is the standard of proof for an allegation of accord and satisfaction in a civil case?
Alberta, Canada
Does section 21166 require a subsequent EIR if the original EIR has not been certified as complete?
California, United States of America
What is the test for calculating damages in a motor vehicle accident?
California, United States of America
What is the test for a motion to set aside a default judgment?
Ontario, Canada
What is a waiver of the "Cruz waiver" rule?
California, United States of America
Can a magistrate judge refer contempt proceedings to a district judge?
MultiRegion, United States of America
Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review?
MultiRegion, United States of America
Is negative inference taken as proof of negligence?
British Columbia, Canada
Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review for abuse of discretion?
California, United States of America
What is the test used to determine whether a defendant has been denied access to his own evidence?
MultiRegion, United States of America
What is the test for specific performance in a contract where a house is not unique?
Alberta, Canada
Can depression be attributed to non-tortious pre-collision events?
British Columbia, Canada
What is the test for awarding attorneys' fees without hearing expert testimony?
MultiRegion, United States of America
Is there a federal claim for misapplication of the regulation of constructive possession?
MultiRegion, United States of America
Does a tenant have jurisdiction to claim damages to the premises after the tenant vacates the premises?
Ontario, Canada
Does a defendant have to oppose his sentence on appeal on the same grounds he now asserts on appeal?
California, United States of America
What is the effect of not speaking to your parents for some years after the death of your father?
Ontario, Canada
Can a party in default cross-examine the substitute accounting made by the opposite party?
Quebec, Canada
What is the test to determine whether a search of a vehicle was justified?
MultiRegion, United States of America
What is the CRT's discretion to decide the format of the hearing?
British Columbia, Canada
Is a writ of coram nobis equivalent to a motion to vacate a judgment?
California, United States of America
What is the test for severe or extreme emotional distress in a personal injury action?
California, United States of America
How have courts interpreted the terms of an employee handbook requiring them to submit all of their claims to arbitration?
California, United States of America
Does a judge have qualified immunity to deny a plaintiff's access to a kosher meal?
MultiRegion, United States of America
Does a father have a valid argument to challenge a dispositional order requiring him to complete a domestic violence program and participate in individual counseling?
California, United States of America
What is the test for establishing that a plaintiff has an absolute right to seek relief?
Saskatchewan, Canada
What is the test for admitting evidence of uncharged misconduct in a sexual assault case?
California, United States of America
Can a prospective juror be peremptory because of their child's experience with the courts?
California, United States of America
Is a defendant entitled to instruction on his own theory of defense?
MultiRegion, United States of America
What is the legal test for determining whether Section 6 of the California Civil Code is unconstitutional?
California, United States of America
What are the costs claimed by defendants counsel on a partial indemnity basis?
Ontario, Canada
What is the test for "no reasonable basis" in a personal injury action?
California, United States of America
What are the relevant statutory references to the Penal Code for the purpose of determining whether a jury deadlocked on two counts of attempted burglary?
California, United States of America
