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 standard of review for a disqualification motion?
California, United States of America
Does an inmate have to proceed in forma pauperis to seek relief from a defendant who is immune from such relief?
MultiRegion, United States of America
What is the test for granting judgment in a personal injury case?
Ontario, Canada
How have courts interpreted the Miranda warning?
California, United States of America
Can solicitors for a party to a lawsuit be joined "for the mere purpose of making discovery"?
Ontario, Canada
What is the test for discounting rates?
Saskatchewan, Canada
Does a magistrate have jurisdiction to hear a motion to dismiss?
California, United States of America
What is the current state of the law on the right of a witness not to confront a defendant in a witness box?
California, United States of America
What is the range of crime-bail-crime enhancements pursuant to section 1170.1 of the California Penal Code?
California, United States of America
Can a witness testify to a jury in a civil action under section 1881 of the Code of Civil Procedure?
California, United States of America
Is there any reason to doubt the inclusion of "fraud" in a certification order?
Ontario, Canada
What is the test for a charge of careless use of a firearm?
Yukon, Canada
What is the legal test for finding the necessity stage satisfied in a child protection application?
Ontario, Canada
What is the meaning of the "force clause" in a civil case?
MultiRegion, United States of America
Does the Queen have a discretionary power to stay proceedings in a criminal case for abuse of process?
Saskatchewan, Canada
Can a defendant unilaterally obtain a trial continuance by appealing from the denial of a motion to dismiss?
MultiRegion, United States of America
What is the tolling period for filing a federal habeas petition?
MultiRegion, United States of America
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial?
MultiRegion, United States of America
What is the test for challenging an affidavit of probable cause?
California, United States of America
What is the test for establishing entrapment as a matter of law?
California, United States of America
Is a defendant entitled to appeal against the imposition of costs in a personal injury case?
California, United States of America
Does a court have a duty to instruct on elements of aider and abettor liability in a factor (b) crime?
California, United States of America
On a temporary motion, on what basis, is a support claimant required to establish a prima facie case for entitlement?
Ontario, Canada
Does a prosecutor commit misconduct when he invites the jury to view the case from the perspective of the alleged victim?
California, United States of America
Can the intended beneficiaries of a will sue the attorney who prepared the will?
California, United States of America
What is the duty of a railway company to its passengers?
Saskatchewan, Canada
Does land mortgage law support such violence to innocent purchasers?
Alberta, Canada
What is the legal test for a motion of appeal against a finding of not guilty of a charge of sexual assault brought before the Court of Appeal?
California, United States of America
What is the test for finding that the Criminal Procedure Act violates due process law?
California, United States of America
Can a solicitor withdraw an affidavit to prevent cross-examination?
Alberta, Canada
Is there any evidence that the court erred in finding that the father perpetrated domestic violence against Mother?
California, United States of America
Does the issuance of a grazing permit create a property right?
MultiRegion, United States of America
What is the quantum of a monetary remedy?
British Columbia, Canada
How is child support assessed when the child is not there?
British Columbia, Canada
In what circumstances will a defendant be found guilty of second degree murder for shooting three people in a "kill zone"?
California, United States of America
What is the effect of the trial court's instructions on pretextual self-defense?
California, United States of America
What is the test for denying a plaintiff's right to effective assistance of counsel?
MultiRegion, United States of America
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets?
British Columbia, Canada
What is the applicable standard of review for mixed questions of fact and law?
Canada (Federal), Canada
Does a police interview result in a person being placed in custody?
California, United States of America
What is the gist of the cause of action in an anti-SLAPP action?
California, United States of America
What is the test for an abuse of a clause in a mortgage application?
California, United States of America
What is the test for a claim of ineffective counsel in a civil case?
California, United States of America
Is there a reasonable implication that defendant was driving under the influence of alcohol?
California, United States of America
In a domestic violence case, in what circumstances will a defense request to amend or amend the standard limiting instruction in an assault case?
California, United States of America
Is a restrictive covenant that requires a homeowner to obtain the approval of the developer regarding the construction of a large shed without the developer's consent unenforceable?
Ontario, Canada
What is the test for evidence of a defendant's disposition to commit a crime?
California, United States of America
What is the test for establishing whether a defendant has knowledge of the nature of a sexual assault charge?
MultiRegion, United States of America
How have courts treated the statement of the case in the opening brief of a personal injury case?
California, United States of America
Does a defendant's membership in a criminal conspiracy extend even if he withdraws from the conspiracy?
MultiRegion, United States of America
What is the effect of instructing the jury to simply "simply determine under the relevant evidence" in a jury trial?
California, United States of America
What is the legal test for judicial review of an administrative decision?
British Columbia, Canada
When will a court review a sentencing decision for abuse of discretion?
California, United States of America
Is a person's driving privilege suspended if they are found to have been driving a vehicle that requires a commercial driver's license when they are over the legal alcohol limit?
California, United States of America
Does the abuse of discretion standard apply to a ruling by the appellate court on the admissibility of evidence?
California, United States of America
Can a buyer complain of defects in a product that they have had an opportunity to inspect before purchasing?
Saskatchewan, Canada
Does Section 2702 of the Electronic Communications Privacy Act require disclosure by a covered service provider?
California, United States of America
What is the test for the doctrine of good faith in marriage?
Saskatchewan, Canada
Is there a presumption that a trial court knows and applies the correct statutory and case law?
California, United States of America
What is the effect of a judge's subjective opinion on a sentence?
California, United States of America
What is the test for dismissing a state's motion to dismiss a federal complaint?
MultiRegion, United States of America
What is the effect of a demurrer in a child abuse case?
California, United States of America
Does a plaintiff have a right to claim damages for failing to provide a safe school?
California, United States of America
Is an individual barred from maintaining a civil action against a third party under workers' compensation exclusivity rules?
MultiRegion, United States of America
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert?
California, United States of America
Is a course of criminal conduct divisible and therefore gives rise to more than one act within the meaning of section 654?
California, United States of America
How has the California Supreme Court interpreted a section of the California Guardianship Act?
California, United States of America
Is a waiver of a statutory right enforceable?
MultiRegion, United States of America
Is a defendant's ability to pay restitution a rehabilitative goal?
MultiRegion, United States of America
What is the impact of the Court of Appeal’s decision not to bar a lawyer from representing a client in a personal injury matter?
Ontario, Canada
How have courts interpreted statements by a plaintiff in a personal injury case?
California, United States of America
What is the burden of proving ineffective assistance of counsel?
California, United States of America
What is depraved indifference murder?
"New York", United States of America
Can a state involuntarily administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges to render that defendant competent to stand trial?
MultiRegion, United States of America
What is the test for a certificate of appeal in a habeas case?
MultiRegion, United States of America
Is a union's failure to provide a translation of a collective bargaining agreement for Spanish-speaking members a violation of their duty of fair representation?
MultiRegion, United States of America
What is the effect of witness immunity and counsel immunity?
British Columbia, Canada
Is there a procedure enabling meaningful review of a death sentence?
MultiRegion, United States of America
How have the courts interpreted the CEQA Guidelines?
California, United States of America
What is the scope of the federal government's obligations under the Federal Trade Commission Act?
MultiRegion, United States of America
Is there any case law in which an insurance company has been found to be responsible for the breakdown of a relationship?
Ontario, Canada
Can a defendant cross-examine his own statements?
California, United States of America
Does a prior qualifying conviction need to be brought and tried separately from another qualifying conviction to be counted as a separate strike?
California, United States of America
Is a probation officer entitled to a contingency fee?
California, United States of America
What is the test for whether a defendant is competent to plead guilty?
MultiRegion, United States of America
Can a transfer be a gift when the transferor intended to transfer the transfer?
British Columbia, Canada
Can a defendant assert a claim of denial of the due process right to an impartial judge on appeal?
California, United States of America
In what circumstances will a court vacate a finding of contempt?
Manitoba, Canada
What is the test for impeaching a witness who has been convicted of a prior felony?
California, United States of America
What is the impact of misdirection on a jury?
British Columbia, Canada
How have the courts treated the lack-of-luggage argument for rebuttal at trial?
MultiRegion, United States of America
What is the burden of demonstrating the invalidity of classification in this case?
California, United States of America
In what circumstances will a judge be required to attend the trial of a defendant in the absence of any conflict of interest?
California, United States of America
In what circumstances will there be conviction for evasion under s. 239(1) (d) of the Income Tax Evasion Act?
Saskatchewan, Canada
Does a lender have a duty to protect the interests of a borrower?
MultiRegion, United States of America
How have the courts treated the unsworn declarations of the testator in evidence?
Ontario, Canada
Can a defendant's claim that he was in custody during a pre-arranged encounter with a police officer that resulted in a custodial interrogation?
California, United States of America
Is there any case law where a team captain was responsible for ensuring that the rules of the ice hockey league prevented slide tackling?
British Columbia, Canada
What is the legal test for determining whether a defendant has been found guilty beyond a reasonable doubt?
California, United States of America
What is the defense of a defendant in a battery case?
California, United States of America
Is petitioner's actual innocence negated the AEDPA limitations statute on his second claim?
MultiRegion, United States of America
What is the test for removing a solicitor's personal feelings from the record?
Ontario, Canada
What is the test for a defendant to challenge a finding of insufficient evidence in a sexual assault case?
California, United States of America
What is the current state of the law on short-term placement for apprehension?
Ontario, Canada
What are some cases where a federal district court's evidentiary rulings have been challenged or overturned?
MultiRegion, United States of America
What is the impact of a non-compromised commitment on a person's civil rights?
California, United States of America
What is the impact of persistent, unfounded allegations against the owner of Sze Hang Holding?
British Columbia, Canada
Can misinstruction on an element of the crime or special circumstance be considered harmless error analysis?
California, United States of America
Is there immunity for prosecutors who falsify evidence?
MultiRegion, United States of America
What is the test for "plain error" in admitting a witness testimony in a civil case?
MultiRegion, United States of America
What is the effect of having to be found to be inadmissible evidence in a civil case?
British Columbia, Canada
How have legal fees and expenses been awarded in a personal injury action?
California, United States of America
What is the effect of a father’s financial circumstances on the proportionate share of the father's expenses under section 7 of the Family Law Act?
Yukon, Canada
What is the legal test for consent to search a juvenile offender's home as part of his probation?
California, United States of America
Is Local 10 entitled to an attorney's fee for the time spent on its LMRDA claims?
MultiRegion, United States of America
What is the test for an actual and continued change of possession of a property?
Ontario, Canada
What is the test for determining whether a per diem award is valid?
"New York", United States of America
How have courts interpreted declaratory relief in cases involving a separate entity?
California, United States of America
Can a tort claim relating to custody of children be maintained?
Ontario, Canada
Is there any case law where evidence relating to one count in an Information is inadmissible in relation to another count?
British Columbia, Canada
What is the test for an order granting consolidation for abuse of discretion?
California, United States of America
What is the case law on the admissibility of expert evidence in medical malpractice cases?
Ontario, Canada
What is the test for future care costs for a plaintiff in a motor vehicle accident?
British Columbia, Canada
Is there any conflict of interest between a defendant and Attorney Gazzigli?
California, United States of America
What is the state court adjudication of the ineffective assistance of counsel aspect of claim three?
MultiRegion, United States of America
What is the test for obtaining a restraining order for domestic violence?
California, United States of America
What is the test for construction of words in a statute?
California, United States of America
What is the effect of an error of fact or error of law in the context of an action by the Court of Appeal?
British Columbia, Canada
What is the test for unjust enrichment for domestic services?
Alberta, Canada
What is the test for a motion to appeal a judgment against a defendant who failed to provide a timely notice of appeal?
California, United States of America
Is materiality an essential element of the crime of perjury?
California, United States of America
What is the proper method of appealing a finding in a personal injury case?
Ontario, Canada
What is the test for compliance with R. 37 of the Canadian Human Rights Code?
British Columbia, Canada
What is the test for making a claim of vindictiveness?
MultiRegion, United States of America
What is the test for a motion to overturn a judgment in a personal injury case?
California, United States of America
What sanctions were imposed on Petitioners for contempt of court?
California, United States of America
What are the implications of a Commissioner's denial of benefits?
MultiRegion, United States of America
What is the test for the enhancement of a criminal offence to include a gang element?
California, United States of America
What is the test for admitting or excluding impeachment evidence under section 352 of the California Criminal Code?
California, United States of America
Does the Attorney General have any basis to argue that a criminal street gang is not a criminal activity?
California, United States of America
Is carjacking a violent felony under section 186.22(b)(1)(C) of the California Criminal Code?
California, United States of America
Is there any evidence that the prosecutor abused the testimony of the defense counsel?
California, United States of America
Does the California Workers Compensation Board have the authority to determine and allow a lien against a Workers Compensation award for living expenses?
California, United States of America
Can a prosecutor vouch for the veracity of a witness?
MultiRegion, United States of America
What is the test for instructing a jury on the use of circumstantial evidence?
California, United States of America
Is a statute of limitations an affirmative defense, not a pleading requirement?
MultiRegion, United States of America
Is there any case law where a defendant's medical condition can be proven to justify the quantity of marijuana in his possession?
California, United States of America
Does the abuse of discretion standard apply to a ruling by the appellate court on the admissibility of evidence?
California, United States of America
What is probable cause to issue a search warrant?
California, United States of America
What is considered outrageous conduct in a medical malpractice case?
MultiRegion, United States of America
What is the test for determining whether there is a reasonable likelihood that the jury misconstrued or misapplied the law?
California, United States of America
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance?
British Columbia, Canada
What is the test for a plaintiff to prove that a defendant has violated their First Amendment right of access to the courts by refusing to provide mail to an inmate?
MultiRegion, United States of America
Does a home office in a residential area qualify as an integral part of a dwelling for purposes of the burglary statute?
California, United States of America
What is the test for discipline of an attorney who has been found guilty of misconduct by the California State Bar?
California, United States of America
What is the test for finding that a police officer violated a constitutional right?
MultiRegion, United States of America
What is the test in which a plaintiff must prove that there is a real and substantial possibility of future event leading to income loss?
British Columbia, Canada
Does the court abuse its discretion by striking a respondent's answer?
California, United States of America
What is the relevant time period for a motion alleging that a defendant was denied a speedy trial by the Court of Appeal?
MultiRegion, United States of America
Is disclosure and an update to the trust ledger required in relation to pre-paid rent credits?
Ontario, Canada
Is a confession involuntary if it was elicited by any promise of benefit or leniency?
California, United States of America
How is loss of future earnings calculated in a personal injury case?
British Columbia, Canada
What is the effect of having an affair with another man?
Saskatchewan, Canada
Is there a constitutional right to be free from deliberate indifference to an inmate's serious risk of suicide?
MultiRegion, United States of America
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act?
British Columbia, Canada
What is the record of a convicted drug addict who was convicted of drug possession and being under the influence of drugs in the past?
California, United States of America
What is the meaning of the expression “old money” in the Offer?
British Columbia, Canada
What is the test for making a prima facie showing of a constitutional violation?
California, United States of America
Can photocopies, faxes and research be claimed in an assessment of costs between the parties?
Ontario, Canada
When will the statute of limitations commence to run in a legal malpractice action brought by a plaintiff against an attorney who failed to comply with his client's testamentary directions?
California, United States of America
What is the test for prejudgment interest in a personal injury case?
California, United States of America
What is the lodestar for calculating the amount of reasonable hours expended by a single person to meet a reasonable hourly rate?
MultiRegion, United States of America
Is there any case law where a jury convicted a defendant of reckless endangerment of life because he believed in the need for self-defense?
California, United States of America
What is the test for an amended complaint in a civil case brought by a plaintiff who alleges that he was subjected to physical abuse and sexual abuse?
MultiRegion, United States of America
Can a motion to suppress be heard by the Court of Appeal?
California, United States of America
Is a failure to advise a defendant of their right to a jury trial a reversible error?
California, United States of America
What is the test for interpreting section 3109 of the Federal Criminal Code without running afoul of the Fourth Amendment?
MultiRegion, United States of America
What is the test for abuse of discretion in a denial of asylum?
MultiRegion, United States of America
How have courts interpreted the rule of appellate review in this case?
California, United States of America
What is the legal test for proving a claim of sexual assault?
MultiRegion, United States of America
Is a defendant who committed a murder without using a firearm entitled to a longer sentence?
California, United States of America
What is the test for determining a reasonable attorney's fee?
California, United States of America
What is the legal test for granting or denying a variance to a residential development where there is no evidence of abuse of force or abuse of authority?
California, United States of America
Can a motion to dismiss for failure to state a claim can be granted?
MultiRegion, United States of America
What is the effect of the merger principle on a motion to strike?
Ontario, Canada
What is the test for a jury to overturn a conviction of sexual assault against two men convicted of the crime?
MultiRegion, United States of America
What is the effect of a general assignment of book debts?
Alberta, Canada
What is the purpose of a preliminary hearing?
California, United States of America
What are the allegations against appellant in a civil case?
California, United States of America
What is the impact of a disproportionate disproportionality in sentencing for the same criminal offence?
MultiRegion, United States of America
Does litigation privilege apply to communications that are not confidential?
British Columbia, Canada
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims?
California, United States of America
Can a judge in chambers dismiss a motion for want of prosecution?
British Columbia, Canada
What is the effect of probation on a defendant?
California, United States of America
What is the test for a first degree murder?
California, United States of America
Is a shareholder entitled to recover for a wrong done to the corporation?
Ontario, Canada
How has the US Supreme Court found unconstitutional a police officer's warrantless search of an arrestee's cell phone?
California, United States of America
What is the test for assault with intent to commit voluntary manslaughter?
California, United States of America
Is a prosecutor permitted to make disparaging remarks in summation about the integrity of defense counsel?
MultiRegion, United States of America
Can an appeal judge affirmatively demonstrate error on the record before the court?
California, United States of America
