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 state of the law in relation to ineffective counsel at trial?
MultiRegion, United States of America
Can a defendant be convicted of two counts of burglary based on the same unlawful entry into the same apartment within 2 hours and 15 minutes?
California, United States of America
Can a defendant be found mentally incompetent to stand trial?
California, United States of America
Is there a duty of care as to obtaining informed consent, not only to the mother but also to the fetus?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for determining whether a motorcyclist can ride without a seatbelt?
MultiRegion, United States of America
What is the statute of limitations for a wrongful death action?
California, United States of America
Can a stockholder of a corporation be disqualified as a witness in a lawsuit brought by the personal representative of the deceased?
MultiRegion, United States of America
Can a motion for leave to amend an amended complaint be denied?
MultiRegion, United States of America
Does a learned trial justice erred by misapprehending the key issue of identification?
Ontario, Canada
Can a breach of warranty also be a cause of action in relation to the purchase of real property?
California, United States of America
What is the impact of a transferor's intent to transfer a player when the transferor intended to transfer the player at the time of the transfer?
British Columbia, Canada
What is the scope of the Children's Lawyer’s Lawyer's work?
Ontario, Canada
Can a reference to a racial slur be admitted in a civil case?
California, United States of America
What is the definition of a reasonable person?
California, United States of America
Does Section 667, subdivision (a)(1) of the California Criminal Code add an additional 5-year term to the sentence for a serious felony?
California, United States of America
What is the legal test for alleging misconduct in a civil case?
MultiRegion, United States of America
What is the test for making a breath demand on a driver under the influence of alcohol?
Alberta, Canada
What is the standard for determining whether the evidence sufficient to convict a defendant under the California Child Endangering Act?
California, United States of America
What is the test for a judge to reopen a civil trial before judgment has been rendered?
Yukon, Canada
What is the status quo at the interim custody stage?
Ontario, Canada
What is the effect of admitting a 911 recording that was erroneous under state law?
MultiRegion, United States of America
What are the implications of the Court of Appeal's decision not to award costs from interlocutory proceedings?
British Columbia, Canada
What burden is on an appellant to prove that the trial court committed an error that justifies reversal of the judgment?
California, United States of America
Does res judicata cover estoppel?
British Columbia, Canada
What is the impact of a decision made on the basis of cost versus cost on the distribution of overtime hours?
Canada (Federal), Canada
Can a defendant be prejudiced by counsel's failure to object during a prosecutor's illustration of the burden of proof?
California, United States of America
Is there insufficient evidence to support an assault with a deadly weapon conviction?
California, United States of America
How have the co-trustees appealed from the orders sustaining all demurrers and the order granting attorney fees?
California, United States of America
What is the burden of proving inadequate trial assistance?
California, United States of America
What is the test for a charge of attempting to commit a forcible lewd act on a child?
California, United States of America
Are prior and at the time of purchase declarations admissible as evidence for or against the party who made them?
British Columbia, Canada
Is the Minister of Justice required to produce a list of documents to be produced at the next stage of an extradition hearing?
British Columbia, Canada
What is the test for pleading guilty in a case of dependent adult abuse?
California, United States of America
What is the effect of a spouse's request for partition or sale of the marital home?
Manitoba, Canada
What is the City's position that damage did not occur until the date of maturity of Devonshire notes matured?
Ontario, Canada
Is there any case where an attorney was estopped to plead the statute of limitations because of fraudulent concealment?
California, United States of America
What is the burden of proving that an innocent party acted unreasonably?
Alberta, Canada
Is there any case law where a plaintiff asserts that they are challenging the "doctrine" of the state court?
MultiRegion, United States of America
In a motion for modification of judgment, what is the difference between a motion to vacate or withdraw a plea?
California, United States of America
What is the burden of proving that the trial court did not abuse its position in awarding sole legal and physical custody and denying defendant visitation?
California, United States of America
How have the courts treated letters offering to take a farm on a lease for 21 years?
Saskatchewan, Canada
Is a lack of confidence in an attorney sufficient to compel a defendant to substitute counsel?
California, United States of America
Does a judge who awarded custody of a minor have a presumption that the judge was not familiar with the record?
California, United States of America
Does a search warrant need to be issued to search a container that is not incident to an arrest?
MultiRegion, United States of America
Is prior domestic violence prejudicial in a criminal case?
California, United States of America
What is the test for failure to mitigate?
British Columbia, Canada
Is there any case law where a witness was called at trial even though the prosecutor asserted privilege?
MultiRegion, United States of America
When will a jury consider the credibility of a witness?
California, United States of America
What is the test for an administrative agency's interpretation of a controlling statute?
California, United States of America
How have courts treated the issue of fault or blameworthiness in the context of a negligence claim?
British Columbia, Canada
What is the test for standing as a plaintiff in a criminal case?
California, United States of America
What is the test for a jury to determine whether a defendant has a right to use excessive force in self-defense?
California, United States of America
What are the costs of a plaintiff in a public interest litigation?
Ontario, Canada
What are the minimum safeguards required by the federal government to provide for a search warrant application?
"New York", United States of America
What is the test for a claim under section 504(1) of the US Civil Code for discrimination on the basis of handicap?
MultiRegion, United States of America
How have courts dealt with cases where a defendant interrupted the closing argument of a trial and then continued to argue with the judge after the trial was adjourned?
MultiRegion, United States of America
What are the elements of the tort of injurious affection?
British Columbia, Canada
Does Rule 2.1 of the Rules of Appeal apply to an order made by the Court of Appeal?
British Columbia, Canada
What is the legal test for terminating a residential lease for health reasons?
Nova Scotia, Canada
Does the Attorney General have the authority to instruct a jury to consider the evidence for propensity purposes?
California, United States of America
Does a subsequent declaration of invalid warrant result in the exclusion of evidence obtained as a result of the execution of a search warrant?
British Columbia, Canada
Does a defendant have standing to assert a Fourth Amendment claim?
MultiRegion, United States of America
When a claim has become moot, does the federal court have jurisdiction to hear the claim?
MultiRegion, United States of America
What is the test for giving instructions on imperfect self-defense?
California, United States of America
What is the determining factor in determining whether to release a person who has been charged under a bail bond?
California, United States of America
What are the costs of a child custody case?
British Columbia, Canada
What is the test for determining whether a shorter distance than a longer distance is sufficient in a motor vehicle accident?
California, United States of America
Can an insurer intentionally relinquish its right to rely on the limitations provision?
MultiRegion, United States of America
What is the test for an employer to be found guilty of a violation of an employee's rights?
California, United States of America
What is the test for making a restitution order under Section 3651 of the Criminal Code?
MultiRegion, United States of America
What is the effect of the so-called "triple jeopardy" rule on personal injury?
California, United States of America
What is the test for discrimination in the collective bargaining process?
Saskatchewan, Canada
Does a defendant have the right to testify on his own behalf?
California, United States of America
What is the legal test for admitting affidavit evidence at trial?
Alberta, Canada
What is the test for loss of future income earning capacity in a motor vehicle accident?
British Columbia, Canada
What date is relevant for analysis of ground of opposition?
Canada (Federal), Canada
What is the difference between an applicant and an employee?
California, United States of America
What is the test for valid marriage under s. 31 of the Marriage Act?
Ontario, Canada
Can an appellant cross-examine the deputy sheriff at a sheriff's hearing?
California, United States of America
What is the test for a jury to determine whether a defendant acted recklessly in a motor vehicle accident?
"New York", United States of America
What is the test for filing a petition for desertion within five months of the desertion?
Saskatchewan, Canada
What is the test for setting forth the facts in the context of a claim in a personal injury case?
California, United States of America
Is evidence of ongoing pain sufficient to ground a substantial possibility that a plaintiff’s pain will adversely affect her future ability to work?
British Columbia, Canada
What is the test for corroboration in a witness report?
California, United States of America
What is the effect of a search and seizure technique used by the police on drug dealers?
MultiRegion, United States of America
What is the test for damages under section 3333 of the California Civil Code for breach of contract?
California, United States of America
Is there any product hazard coverage where a contractor has purchased a general liability policy that does not include 'products hazard' coverage?
California, United States of America
What are the elements of theft by trick or larceny by trick?
California, United States of America
What is the test for assessing the cost of future care provided to a plaintiff in a mental health case?
British Columbia, Canada
Does the phrase "shall remain in or upon the conveyance" apply to a motor vehicle?
"New York", United States of America
What is the test for a motion to dismiss a complaint brought by a prisoner against a governmental entity?
MultiRegion, United States of America
In what circumstances will litigation privilege apply in the anti-SLAPP context?
California, United States of America
What is the quantum of damages awarded by a jury in a motor vehicle accident case?
California, United States of America
What rights does appellant have under the Health and Safety Code and Penal Code under section 12022.1 and section 11370.2?
California, United States of America
In what circumstances will one spouse have to pay the other spouse’s spousal and child support?
Ontario, Canada
What is the test for materiality in a personal injury case?
California, United States of America
Can a court order dismissing a juvenile wardship petition be reversed?
California, United States of America
What is the test for section 654 of the California Penal Code?
California, United States of America
Is s.15 of the H.P.A. a discriminatory distinction between on and off farm dwellers?
Ontario, Canada
Can a conditional order (if the conditions are met) be acted upon and the landlord can not take possession of the premises?
Saskatchewan, Canada
In a motion for a new trial, does the trial judge abuse his discretion in denying the motion?
California, United States of America
How have the courts treated a defendant's alcohol addiction as a mitigating factor in his probation sentence?
California, United States of America
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury?
MultiRegion, United States of America
What is the test for an attempted murder?
California, United States of America
What is the test for bifurcating a prior conviction allegation in a sexual assault case?
California, United States of America
What is the common law standard of care for a driver in a motor vehicle accident?
British Columbia, Canada
On what basis can an expert make recommendations or recommendations in a medical malpractice case?
Newfoundland and Labrador, Canada
What is the impact of failing to provide adequate notice to the public of a land use and zoning bylaw?
British Columbia, Canada
What are the requirements of the tort of conversion?
British Columbia, Canada
Can a surety be cut out of a creditor’s debt?
Saskatchewan, Canada
Does appellant necessarily have a gun in his jacket when he shot and wounded two police officers?
California, United States of America
What is the burden of proving that a judgment is correct?
California, United States of America
Are proceeds of a personal injury claim considered a family asset?
British Columbia, Canada
What is the test for determining whether a misrepresentation is false, misleading or deceptive?
Ontario, Canada
What is the test for an anti-SLAPP motion de novo?
California, United States of America
What is the test for a claim of prosecutorial misconduct based on remarks to the jury?
California, United States of America
What remedies are available to a plaintiff upon a finding of unjust enrichment?
British Columbia, Canada
What are some of the most recent decisions on habeas corpus in Canada?
Ontario, Canada
In what circumstances will a search warrant be used to obtain personal information about a person who has not been arrested?
Ontario, Canada
What is the standard instruction on circumstantial evidence?
California, United States of America
Can an expert's failure to test his theories on the basis of admissibility?
MultiRegion, United States of America
What is the test for credibility in medical malpractice?
British Columbia, Canada
When an application under R. 9-7 is made, does the applicant have to adduce all evidence?
British Columbia, Canada
What is the test for reassigning a judge to a different judge on remand?
MultiRegion, United States of America
What is the test for age of 16 to be considered material change?
Ontario, Canada
Does the term "inference" or "presumption" apply to a joint tenancy deed between husband and wife?
California, United States of America
Can post-crime conduct be considered only to support a finding of guilt?
California, United States of America
What is the test for overturning a judgment or order of a lower court?
California, United States of America
When there are multiple defendants involved in a motor vehicle accident, can they be held jointly and severally liable?
MultiRegion, United States of America
What is the current state of the law on public nuisances?
"New York", United States of America
Does section 11 of the Charter apply to extradition proceedings?
British Columbia, Canada
What are aggravated damages for mental distress caused by the Church of Scientology?
British Columbia, Canada
What is the test for rescinding a contract where a mistake was made by one of the parties?
California, United States of America
Can a motion for summary judgment be discontinued if a draft discovery plan is approved?
Ontario, Canada
What are the elements of a tort against a director, officer or employee?
Ontario, Canada
Does a defendant's failure to make a timely and specific objection on the ground asserted on appeal make that ground cognizable?
California, United States of America
What is the test for malicious false statements in relation to a beneficiary in the estate of their mother?
Ontario, Canada
What is the effect of a motion to dismiss a preliminary injunction for abuse of power?
MultiRegion, United States of America
What is the test for introducing evidence of prior bad acts to prove intent in a criminal case?
MultiRegion, United States of America
What is the test for pleading not guilty to the less serious charge of sexual assault?
Alberta, Canada
What is the limitation of the statute-of-limitations period?
MultiRegion, United States of America
Is there any case law or case law that would have changed the disposition of a motion against defendant in the Superior Court?
California, United States of America
What is the duty of a defendant to disclose or deny information to a plaintiff?
MultiRegion, United States of America
Does the Commissioner have any authority or authority to levy taxes on funds received without any contemporaneous recognition of the obligation to repay?
MultiRegion, United States of America
What is the test for a jury to convict a defendant of deliberate and premeditated first degree murder?
California, United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
Can a court overturn a finding that a toolbox containing marijuana was seized during a search at the home of a father and son?
California, United States of America
What is the penalty for murder with special circumstances?
California, United States of America
What is the test for bringing a motion for reconsideration under rule 60(b)?
MultiRegion, United States of America
Is a police officer who takes advantage of a detainee's lawful restraint and engages in sexual acts for the improper purpose, such as sexual arousal or gratification, unlawfully restrain the detainee?
California, United States of America
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel?
California, United States of America
What is the CRT’s process for holding an oral hearing in a dispute?
British Columbia, Canada
What is the test for damages for units damaged by contaminated diesel fuel?
Saskatchewan, Canada
Does the opinion of a non-examining physician have to be considered less weight than that of an examining physician?
MultiRegion, United States of America
What are the implications of statutory construction in the context of medical malpractice cases?
California, United States of America
Is it misconduct for a prosecuting attorney to express his personal belief as to the reliability of a witness?
California, United States of America
Is denial of a motion for continuance an abuse of power?
MultiRegion, United States of America
What is the burden of ineffective assistance of counsel?
California, United States of America
What is the test for a police officer to prove that his use of force was not excessive?
Ontario, Canada
What is the test for ineffective representation in criminal proceedings?
California, United States of America
What is the effect of secret documents being made public?
Canada (Federal), Canada
Does the "offense of conviction" rule apply to a conspiracy to commit wire fraud?
MultiRegion, United States of America
How will the Court review the sufficiency of the evidence in a sexual assault case?
MultiRegion, United States of America
What is the test for obtaining interim preservation of a property?
Ontario, Canada
Does a judge have discretion to strike the prior serious felony conviction enhancement at the time of a resentencing?
California, United States of America
What is the prosecutor's burden of proving that appellant acted as the direct perpetrator or as an aider and abettor in CALCRIM No. 401?
California, United States of America
Can a defendant in a child support action appeal from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation?
California, United States of America
What is the basic principle of the law of an attempted murder?
Manitoba, Canada
What is the current state of the law on aggravated mayhem and simple assault?
California, United States of America
What factors are relevant to the prosecution's argument to the jury in this case?
California, United States of America
Is a Harbor Police officer a "peace officer" under section 830.33(b) of the California Penal Code?
California, United States of America
What circumstances will police officers stop pedestrians and motorists on the streets if they suspect that they are intoxicated?
California, United States of America
What is the test for a motion to vary spousal support?
Ontario, Canada
Can a federal court dismiss a motion for failure to state a claim de novo?
MultiRegion, United States of America
Is similar fact evidence admissible to show that the accused has a particular trait or design?
Canada (Federal), Canada
Does section 212(c) of the Immigration Code apply in deportation proceedings?
MultiRegion, United States of America
What is the test for awarding attorneys' fees in a personal injury action?
MultiRegion, United States of America
What is the remedy for abuse of discretion?
MultiRegion, United States of America
What constitutes significant unfairness under s. 164 of the Strata Plan?
British Columbia, Canada
Can a consent order be set aside if there has been abuse of process?
British Columbia, Canada
Does the Federal Trade Commission (FTCA) exception apply in this case?
MultiRegion, United States of America
Is a payor required to report changes in income to the recipient periodically or to voluntarily increase child support as a result of the increase?
British Columbia, Canada
Is it unwise to impose upon the judiciary the inquisitorial function of scrutinizing the internal operations of law enforcement agencies?
MultiRegion, United States of America
Does filing an agreement make an order enforceable?
British Columbia, Canada
Is a prevailing employer entitled to attorney's fees and costs if they defeat an employee's wage action?
California, United States of America
What is the test for substantial evidence in a civil case?
California, United States of America
How have courts treated emotional responses of a defendant in a murder trial?
California, United States of America
What is the test for instructing a jury on any lesser crime?
California, United States of America
How have courts interpreted limiting modifiers such as "extreme" and "substantial" in a jury trial?
California, United States of America
What is the current state of the law on credibility in cases where there are significantly different versions of events?
British Columbia, Canada
What is the test for competence to stand trial in a mental health case?
California, United States of America
How have courts interpreted common sense in construcing laws as saying what they obviously mean?
California, United States of America
What is the test for proving receipt of a letter?
MultiRegion, United States of America
How have courts considered the merits of a picketing injunction?
British Columbia, Canada
What is the test for fair use in copyright law?
MultiRegion, United States of America
Is resisting arrest a lesser included offense of forcible resistance against an executive officer?
California, United States of America
How has section 1871.5 of the California Workers' Compensation Act been interpreted by the courts?
California, United States of America
Can a defendant in custody who immediately admits his guilt when informed of the charge against him, be said to have been interrogated?
"New York", United States of America
Does the statute of limitations apply to a claim of breach of fiduciary duty?
California, United States of America
