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 have courts determined that showing a victim a photograph of a suspect they have not seen before is not unduly suggestive?
California, United States of America
What is the standard of review for a new trial order?
California, United States of America
What is the test for instructing a jury on intent to kill where the evidence of intent was overwhelming?
California, United States of America
What is the test for reasonable harassment?
California, United States of America
Does a proposed defendant have to pay for damages in a case where no valid cause of action is made out as against him?
Ontario, Canada
What is the test for establishing a conspiracy?
MultiRegion, United States of America
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed?
Ontario, Canada
What is the test for approval of a settlement for abuse of discretion?
MultiRegion, United States of America
What is the test for a defendant to be held blameless in a motor vehicle accident?
Alberta, Canada
Does a plaintiff have an obligation to receive treatment to reduce their damages?
British Columbia, Canada
What is the standard of review and what is the position of the parties?
Manitoba, Canada
Does Section 526a of the California Civil Code require a plaintiff to be a "citizen resident" of the state or a "taxpayer supporting the governmental entity"?
California, United States of America
When will attorney's fees be awarded in a personal injury case?
California, United States of America
What is the test for intentional infliction of emotional distress?
California, United States of America
Does a release clause in a release agreement apply to a beneficiary of a RRSP and life insurance policy?
Ontario, Canada
Does the failure to locate a witness during a search for witnesses constitute lack of diligence?
California, United States of America
What is the test for res judicata in the context of a motion to have a second action brought against a municipality for damages arising from a dam being built in the area?
Prince Edward Island, Canada
What is the test for vacating an award from an arbitrator based on error in law?
California, United States of America
What is the test for using ambiguous language in a motor vehicle accident case?
California, United States of America
Does hearsay have to be admissible in a civil case?
California, United States of America
Is a motion to strike striking the allegations under which the District Attorney sought statewide monetary relief?
California, United States of America
Can a single act or indivisible course of conduct result in multiple punishment under section 654 of the California Criminal Code?
California, United States of America
What is the test for a jury to convict a defendant of first degree murder?
California, United States of America
Is good faith a defense in a mail fraud case?
MultiRegion, United States of America
What is the maximum contact principle required in determining custody and access?
Ontario, Canada
Is there any case law that states that parity can be achieved between income tax and income tax?
Nova Scotia, Canada
What is the standard of care provided by the Department of Justice to a defendant in a civil case?
MultiRegion, United States of America
What is the test for credibility of evidence before a panel?
Canada (Federal), Canada
What is the test for interpreting the law in the context of a motion in which a plaintiff is seeking to sue for damages?
MultiRegion, United States of America
What is the test for a criminal offence under section 654 of the California Code of Criminal Procedure?
California, United States of America
Does the interrogation of a minor in a juvenile dependency proceeding violate the Sixth Amendment?
California, United States of America
What is sufficient evidence to establish a criminal conspiracy?
California, United States of America
Does the court have a duty to investigate juror misconduct during deliberations after it is brought to the court's attention and discussed with counsel?
California, United States of America
What is the test for a frivolous in forma pauperis complaint?
MultiRegion, United States of America
What is the burden of proving just cause against Hilton Hotels?
MultiRegion, United States of America
What is the test for ineffective assistance in a criminal case?
California, United States of America
What is the test for deferential review?
MultiRegion, United States of America
In what circumstances will a court order production of a driver's accident report for examination by a third party?
California, United States of America
Is a conviction for unlawful possession of illegal drugs sustained if the accused had an immediate right to exercise dominion and control over the known narcotic?
California, United States of America
Can a driver or owner of a vehicle be held criminally liable for allowing another person to discharge a firearm from the vehicle?
California, United States of America
What is the test for determining whether a plaintiff is entitled to a claim for damages in a motor vehicle accident?
California, United States of America
What are the duties of a federal district judge regarding a report and recommendation made by a federal magistrate?
MultiRegion, United States of America
What is the test for obtaining a license to operate a medical malpractice clinic?
"New York", United States of America
What is the test for a jury to acquit a defendant on appeal?
California, United States of America
What is the burden of demonstrating standing to bring an action in the context of a wildlife protection case?
MultiRegion, United States of America
How have the courts treated evidence of inappropriate clothing in a sexual assault trial?
California, United States of America
What constitutes a lewd or lascivious act?
California, United States of America
What is the test for establishing that a statute is constitutional?
California, United States of America
What is the test for determining the guilt of a defendant in a sexual assault case?
California, United States of America
Is there any case law supporting a finding of bad faith in a disability benefits claim?
MultiRegion, United States of America
What is the proper multiple conspiracies instruction in a civil case?
MultiRegion, United States of America
Is there any ambiguity or technical inconsistency in instructions that only one witness's testimony is sufficient for proof of any fact?
California, United States of America
What is the test for a jury to convict a defendant beyond a reasonable doubt?
California, United States of America
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court?
California, United States of America
What is the test for determining whether a party can bring a motion before the House of Representatives to amend its own legislation?
MultiRegion, United States of America
What is the test for possession of a firearm during the commission of a crime?
California, United States of America
What is the standard of review for challenges to the sufficiency of evidence supporting a conviction for a substantive criminal offense?
California, United States of America
What is the test for a defendant's claim of imperfect self-defense?
California, United States of America
What is the test for denying a criminal conviction under section 851(c)(1) of the Criminal Code?
MultiRegion, United States of America
What is the impact of race discrimination in sentencing sentencing in criminal cases?
California, United States of America
In deciding a motion to dismiss for failure to exhaust administrative remedies, in what circumstances will a court look beyond the pleadings and decide disputed issues of fact?
MultiRegion, United States of America
Is a lawyer obligated to keep confidential information to a non-client?
Alberta, Canada
Can a jury discuss a defendant's decision not to testify?
California, United States of America
What is the test for damages in a personal injury action?
California, United States of America
Is a defendant mentally incompetent to stand trial?
California, United States of America
What is the test for assessing the merits of a commercial transaction?
Newfoundland and Labrador, Canada
What constitutes prosecutorial misconduct in a criminal case?
California, United States of America
What are the "thin skull" and "crumbling skull" doctrines?
British Columbia, Canada
What is the test for a defendant to argue that his trial counsel was ineffective in failing to object to improper character evidence in a criminal case?
California, United States of America
Does a judge strike the facts from a probation officer's report that dealt with the facts of a crime of which defendant was convicted?
California, United States of America
What is the standard of review for assessing the sufficiency of the evidence to support a criminal conviction?
California, United States of America
Is a stipulation of fact enforceable if it is later discovered to be false?
MultiRegion, United States of America
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset?
British Columbia, Canada
Does the 9th Circuit have any administrative remedies available to an inmate who has been denied an appeal?
MultiRegion, United States of America
What is the test for meeting the burden of showing that there is a reasonable probability of a zoning change and that it was reasonable and proper for an appraiser to consider this factor in determining the value of the subject property?
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
Is a Residential Tenancy Tribunal arbitrator's decision not a "judicial body" but a "natural justice" decision?
British Columbia, Canada
What is the procedure for an administrative appeal of a punitive action such as a written reprimand?
California, United States of America
What is the test for having a neutral expert in a medical malpractice case?
MultiRegion, United States of America
When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension?
Manitoba, Canada
In a medical malpractice case, in what circumstances will a jury deliver a special verdict for the widow and children of a plaintiff?
California, United States of America
Can a non-signatory party to an arbitration agreement be used as a third party beneficiary?
MultiRegion, United States of America
What is the basis for a motion to amend the terms of a claim brought by a plaintiff against a number of officials in Porterville and Tulare County?
MultiRegion, United States of America
What is the legal test for a motion of habeas?
MultiRegion, United States of America
What is the impact of a provision in the Ontario Civil Code allowing for the withdrawal of a claimant's claim?
California, United States of America
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
Is plaintiff's claim to a 40-acre tract barred by the provisions of Code of Civil Procedure, section 318?
California, United States of America
What is the test for enforcement of a settlement agreement for abuse of power?
MultiRegion, United States of America
What are the separate obligations of a purchaser in a chattel mortgage?
Alberta, Canada
What evidence supports the conclusion that defendant was aware of the presence of weapons during the robbery?
MultiRegion, United States of America
Does a judge have authority to grant downward departure from the sentencing guidelines?
MultiRegion, United States of America
Does a difference in opinion between medical personnel regarding treatment, without more than more, constitute deliberate indifference?
MultiRegion, United States of America
What is the test for a parent who relocates or intends to relocate?
British Columbia, Canada
What factors will be considered in determining whether a plaintiff would have continued to work, or not?
British Columbia, Canada
Is a state law that prohibits the carrying of concealed firearms in a vehicle within the scope of the Second Amendment?
California, United States of America
What is the traditional test for admitting fresh evidence on appeal?
Canada (Federal), Canada
Does the District Attorney have a role in determining whether or not to prosecute appellant for his involvement in a series of burglaries?
California, United States of America
What is the effect of pre-trial publicity on a jury?
MultiRegion, United States of America
Can a fact that is not an element of the crime be used to aggravate a sentence?
California, United States of America
What is the real and basic change brought about by the amended s. 11(1) limitation period?
Saskatchewan, Canada
What are the elements of a crime under the Wire Fraud Act?
MultiRegion, United States of America
What is the test for dismissing a complaint for failure to state a claim?
MultiRegion, United States of America
How has the BCSC considered the relevance of the relevant historical context in determining just cause?
Ontario, Canada
What is the test for declaring a mistrial in a sexual assault trial?
British Columbia, Canada
What is the base offense level for a crime of violence?
MultiRegion, United States of America
What is the legal test for a reversal of a jury's verdict for insufficient evidence?
California, United States of America
Is a finding that a trial court erred by failing to comply with section 1093, subdivision (f) of the California Civil Code prejudicial?
California, United States of America
What is the test for establishing a conflict of interest?
California, United States of America
Is a prosecutor permitted to place the prestige of his office behind a witness?
California, United States of America
Does the Tenth Amendment have to be defined as the "Tenth Amendment"?
MultiRegion, United States of America
What are the relevant precedents for appellate review of qualified immunity dispositions?
MultiRegion, United States of America
What is the impact of a federal employee's "discretionary actions" in a federal disaster relief claim?
MultiRegion, United States of America
In what circumstances will a defendant be held liable for a plaintiff's exposure to contaminated water?
California, United States of America
What is the test for setting aside a transaction where the donor was allegedly influenced by undue influence?
British Columbia, Canada
Is a pre-existing condition that would have resulted in a loss in a personal injury claim taken into account in assessing damages?
British Columbia, Canada
What is the test for a search or seizure de novo?
MultiRegion, United States of America
What is the test for a jury to determine there was a reasonable doubt that there was penetration?
California, United States of America
What is the effect of attacks on the truthfulness of search warrant affidavits?
California, United States of America
Does a prosecutor improperly attack defense counsel's credibility?
California, United States of America
Is sufficient evidence to support a criminal defendant's conviction?
California, United States of America
What is the case law on credibility?
British Columbia, Canada
What are the material factors used to determine whether an individual has a fiscal residence in both countries?
Canada (Federal), Canada
What is the law against retroactive deprivation of the right of appeal?
California, United States of America
Is there any case law where there have been gaps in the dates for hearing dates?
British Columbia, Canada
What is the standard of review for a motion to dismiss a motion for contempt of court?
California, United States of America
How have the courts treated expert testimony in the context of the SVPA?
California, United States of America
What is the scope of the inmate's "right to bring a grievance to court"?
MultiRegion, United States of America
Can a police officer open the trunk of a car containing a loaded firearm?
California, United States of America
What is the test for defence of justification in a defamation case?
British Columbia, Canada
In deciding whether to admit hearsay statements made by conspirators against their co-conspirators, what is the test for admitting such statements?
MultiRegion, United States of America
In what circumstances will Kelsey be successful in her claim for damages under the Health and Safety Act?
MultiRegion, United States of America
In what circumstances have courts found that a husband has been found guilty of contempt and/or contempt by reason of failing to show cause?
California, United States of America
What is the date of an amended Complaint against Tracy Rivers?
MultiRegion, United States of America
Is there a constitutional right of privacy in the privacy of a plaintiff in a civil case?
California, United States of America
Is a district court's denial of a proposed jury instruction reviewed de novo or for abuse of discretion?
MultiRegion, United States of America
Can a party substitute a reasonable notice period in an employment agreement?
Ontario, Canada
In what circumstances will a defendant be found guilty of a charge of perverting the course of justice by admitting to a prior crime?
California, United States of America
What is the test for a challenged condition in a medical malpractice case?
California, United States of America
What is the test for determining whether a police officer has the authority to arrest a person for possession of marijuana?
California, United States of America
What is the test for an alleged instructional error in the defense of voluntary manslaughter?
California, United States of America
What is the test for a motion for attorney fees in a personal injury case?
California, United States of America
What is the test for making a criminal threat?
California, United States of America
What is the test for determining whether an interference with the flow of surface water is a nuisance?
California, United States of America
What is the test for reducing an award of damages from a jury in a personal injury case?
British Columbia, Canada
What is the impact of the fact that appellant fled from the police and fired at the police?
California, United States of America
Can a party who has legal or equitable title in real estate that has been sold for unpaid taxes redeem the real estate?
Nova Scotia, Canada
Can a prosecutor be admonished for failing to respond to defense counsel's evidentiary objections?
California, United States of America
What is the test for removing a spouse from a home?
Ontario, Canada
Is there an arguable issue in the judgment against Casamiro's attorney?
California, United States of America
Is urine testing in the presence of a government official or agent intrusive as intrusive as a strip search?
California, United States of America
What is the current state of the law on due process in restitution hearings?
California, United States of America
What are the legal principles that arise in passing of accounts?
British Columbia, Canada
What is the appropriate amount of spousal support?
British Columbia, Canada
Does the term "served" mean stand-alone service?
California, United States of America
What is the current interpretation of section 1871.4 of the California Workers' Compensation Act?
California, United States of America
Is an abstract of judgment based on the actual sentence imposed by the trial judge?
California, United States of America
How have courts treated mental health issues in a mental health case?
California, United States of America
What is the test for establishing deficient performance of counsel?
California, United States of America
Does a party in a criminal case have to oppose a sentence on appeal?
California, United States of America
Can a tort be advanced independently of the allegations of malicious prosecution and negligence?
Ontario, Canada
What is the test for a defendant to present a defense in a civil case?
MultiRegion, United States of America
What are the relevant factors for a stop and detention under the Fourth Amendment?
MultiRegion, United States of America
Can a judge impanel jurors who have not heard about the case?
MultiRegion, United States of America
What is the test for obtaining a search warrant for electronic records?
MultiRegion, United States of America
What is the bystander test for emotional distress caused by witnessing the death of a family member?
MultiRegion, United States of America
Can a severe mental health condition that can be controlled by medication be considered a disability for Social Security benefits?
MultiRegion, United States of America
What is the test for ineffective assistance in a criminal case?
California, United States of America
What is the test for a motion to reconsideration of the earlier denials of the motions to quash the search warrant and to traverse the affidavit?
California, United States of America
In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt?
California, United States of America
Does a property settlement agreement bar a father from seeking to recover attorney's fees and costs in a child support case?
California, United States of America
Is a defendant entitled to an instruction on defense theory that (1) has some foundation in the evidence presented?
MultiRegion, United States of America
Does a conditional plea of no contest to a charge of spousal rape by means of duress trigger mandatory sex offender registration?
California, United States of America
What is the test for a motion for reconsideration of an appellate decision?
British Columbia, Canada
Does an indictment need not negative the matter of an exception made by a distinct clause?
MultiRegion, United States of America
What is the initial burden of proving that one or more elements of a cause of action cannot be established?
California, United States of America
How does the Court of Appeal review the facts?
California, United States of America
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction?
California, United States of America
Does a sentence of death need to be reversed?
California, United States of America
What is the test for an instruction in possession of a firearm?
California, United States of America
Does Section 1170.18 of the California Penal Code apply to defendants who would have been guilty of a misdemeanor under Proposition 47?
California, United States of America
What is the test for a stop work order?
Ontario, Canada
Is there any case law where a defendant has been convicted of possession of a firearm during a drug trafficking operation?
MultiRegion, United States of America
What is the test for determining whether a person is entitled to a record that was not destroyed?
California, United States of America
How have courts treated counsel's decision to rest at the end of the government's case?
MultiRegion, United States of America
What is the test for probable cause and the veracity of informants?
MultiRegion, United States of America
What constitutes a "manager or supervisor" in a criminal case?
MultiRegion, United States of America
What conditions of confinement constitute an Eighth Amendment violation?
MultiRegion, United States of America
What is the effect of qualified immunity on Fourth Amendment and Fourteenth Amendment claims?
MultiRegion, United States of America
Does the definition of manslaughter include the unlawful killing of a fetus without malice aforethought?
California, United States of America
Is there any respondeat superior liability for a government official under section 1983 of the Civil Rights Act?
MultiRegion, United States of America
What is mitigation in a personal injury action?
British Columbia, Canada
Does a prosecutor improperly imply to a defendant that his trial counsel knew he was guilty and were fabricating a defense which they themselves disbelieved?
California, United States of America
Is a juror's expressed or implied desire not to serve on the jury a neutral reason to excuse the juror?
California, United States of America
What is the test for waiving a right to appeal?
California, United States of America
What is the consequence of a plaintiff's failure to close a real estate transaction?
Ontario, Canada
What is the test for an insurance policy award based on a physician’s assessment of pain, disability and recommended treatment?
British Columbia, Canada
What is the test for sustaining a conviction based on only circumstantial evidence?
California, United States of America
What is the applicable statute tolling of the limitations period?
MultiRegion, United States of America
If a wife stops receiving spousal support, does the wife need to continue to work?
Ontario, Canada
Is a transfer made by a parent to a child a loan or a gift?
British Columbia, Canada
