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.
Does mistake as to consent constitute a defense to rape of an unconscious person?
California, United States of America
Does a trial court have a constitutional right to cross-examining a witness during cross-examination?
California, United States of America
What is the defense counsel's strategy not to object to very damaging admissions?
MultiRegion, United States of America
When will a sentencing court deviate from the punishment prescribed by section 12 of the Penal Code?
California, United States of America
What are the consequences of failing to submit objections to a motion requiring a party to oppose the motion?
MultiRegion, United States of America
What is the applicable statute of limitation for an allegation of sexual assault?
California, United States of America
What is the test for an act in furtherance of a defendant's right of petition or free speech?
California, United States of America
Does a judge have to be disqualified as a judge in an administrative proceeding?
"New York", United States of America
What is the effect of having to file an affidavit before a motion is granted?
Saskatchewan, Canada
Does the term “common-law” in paragraph 3 of the Marriage Agreement apply to a common-law relationship?
British Columbia, Canada
What is the test for brief detentions?
Saskatchewan, Canada
What are the essential elements of possession of a controlled substance?
California, United States of America
Can a motion for a new trial be granted based on purported testimony that was not presented at trial?
California, United States of America
What is the "plain meaning" rule in the interpretation of statutory language?
California, United States of America
What is the current state of the law in the context of the Fifth Amendment?
California, United States of America
What is the legal test for an allegation of criminal activity before a grand jury?
California, United States of America
Can appellants maintain a common law cause of action against the insurer?
California, United States of America
What is the test on a summary judgment motion based on when a plaintiff's claim was discovered?
Ontario, Canada
What is the test for assault and battery?
Alberta, Canada
What is the test for removing the lis pendens?
British Columbia, Canada
Does the prosecutor's brief allusion to a "benefit of the doubt" theory during argument affect the burden of proof in a sexual assault case?
California, United States of America
What is the basis for alleging bias against me?
British Columbia, Canada
What factors will be considered in an application to extend the time to appeal from a decision of the Master?
British Columbia, Canada
Can a joint venture exist where there is no written agreement?
California, United States of America
Does a defendant who accepts a plea agreement for reduced sentence for a charge of assault have any right to challenge the award on appeal?
California, United States of America
Does a jury have the power to acquit a defendant on the charge of first-degree murder?
MultiRegion, United States of America
Does the disclosure of a redacted Police Report waiver confidentiality?
California, United States of America
What is the statute of limitations expiration date in this case?
MultiRegion, United States of America
What is the remedy for a defendant who breaches the terms of a plea bargain?
California, United States of America
What is the test for premeditated and deliberate intent to torture under the torture-murder special circumstance?
California, United States of America
What factors will the court consider in determining interim distribution of family property?
Saskatchewan, Canada
What is the test for striking part of a pleading in a tort action?
British Columbia, Canada
What is the test for damages for lost chances?
British Columbia, Canada
What is the "marked departure" test?
British Columbia, Canada
What constitutes prosecutorial misconduct in federal and state law?
California, United States of America
What is the test for an allegation of false representation or concealment of a material fact?
California, United States of America
How have courts dealt with situations where a successful litigant is ordered to withdraw funds from an escrowed account before any stay of judgment is ordered?
California, United States of America
What is the test for determining whether privileged information is privileged?
Nova Scotia, Canada
Can a defendant be held liable for the deprivation of a person's constitutional rights in a civil case?
MultiRegion, United States of America
What is the test for a chiropractor to be legally acceptable?
British Columbia, Canada
What is the test for instructing a defendant on a lesser included crime?
California, United States of America
What is the effect of a statement by a defendant denying that they were involved in a crime?
California, United States of America
What is the legal test for giving weight to hearsay evidence?
Nova Scotia, Canada
What is the legal test for misconduct in the closing argument of a criminal case?
California, United States of America
What is the test for replacing a defendant's attorney?
California, United States of America
What are the valid and rational reasons for disinheritance?
British Columbia, Canada
What is the impact of blunt language in the context of bias?
Canada (Federal), Canada
What is the test for improperly dismissing a jury foreperson?
California, United States of America
What is the test for staying a person's removal from the country?
Canada (Federal), Canada
What is the proper procedure for disposing of a term barred by section 654?
California, United States of America
How is a future care cost award determined in a mental health case?
British Columbia, Canada
What is the standard for determining whether a reasonable trier of fact could have found the essential elements of a crime beyond a reasonable doubt?
California, United States of America
How much do you know about a defendant's net worth?
California, United States of America
What is the test for a party alleging a Charter section 15 infringement?
British Columbia, Canada
In what circumstances will a step-father be held liable for the support of the step-children?
Alberta, Canada
Can a personal administrator waive the statute of limitations under section 709 of the Probate Code?
California, United States of America
What is the effect of a stay on counts one and three on sexual assault charges?
British Columbia, Canada
Does a defendant have to prove a burden of proof in the weighing of aggravating and mitigating circumstances?
California, United States of America
What is the net worth assessment method used by the Minister to determine a taxpayer’s net worth?
Canada (Federal), Canada
Is there any real likelihood of prejudice to the ability of the accused to make full answer and defence because of the loss of exhibits?
Ontario, Canada
What is the rule in the context of cross examination in a sexual assault case?
Newfoundland and Labrador, Canada
What is the legal test for refusing to award an award of interest in a personal injury case?
Alberta, Canada
What is the test for a criminal defendant to successfully appeal against his conviction for sexual assault?
California, United States of America
What is the "considerable burden" of a defendant to prove his sentence is disproportionate to his level of culpability?
California, United States of America
Can a witness be impeached in a criminal trial if he admitted past misconduct involving moral turpitude?
California, United States of America
What is the test for reversible error in a jury instruction in a civil case?
California, United States of America
What is the legal test for an attorney representing a plaintiff in a civil rights case?
MultiRegion, United States of America
What is the standard of care and prudence of the careful or prudent parent when a child is injured in a fall?
Saskatchewan, Canada
What are the rules applicable to an application for leave to take the next step?
Alberta, Canada
What is the statute of limitation period for an action brought by a person who was injured in a motor vehicle accident?
California, United States of America
What is the test for determining the intention of a grantor in the event of an ambiguity in a description of a parcel of land?
Nova Scotia, Canada
What is the effect of a judgment in favour of plaintiff's husband and the driver in her motor vehicle accident case?
California, United States of America
What is the test for impartiality in a trial judge?
California, United States of America
How have the facts been determined in a personal injury case?
California, United States of America
What is the test for determining the meaning of an insurance contract?
British Columbia, Canada
Does a strip search conducted by female guards violate a prisoner's privacy right?
MultiRegion, United States of America
What is the effect of the prosecutor's argument to the jury in the context of provocation?
California, United States of America
What are the requirements for private interest standing to bring a petition for declaratory relief?
British Columbia, Canada
Is a delivered instruction invalidated if the delivered instruction contains an error?
California, United States of America
What is the test for credibility in an assault case?
British Columbia, Canada
Is a defendant's failure to object to a motion of defence counsel's objection sufficient to avoid the forfeiture rule?
California, United States of America
Does defendant have to forfeit his challenge to the prosecutor's argument to the jury in a criminal case?
California, United States of America
Does the natural and probable consequences doctrine apply to the charge of attempted murder?
California, United States of America
What is the legal test for appointing a receiver in a personal injury case?
California, United States of America
What is the test for a summary adjudication order to grant a police officer qualified immunity from prosecution under section 1983 of the Civil Procedure Act?
California, United States of America
What is the test for reversing a jury's finding that a plaintiff intended to injure someone with his excrement?
California, United States of America
Does the Attorney General make an error in instructing a jury not to consider threats against a defendant as evidence of guilt?
California, United States of America
What is the standard of review on an appeal from a judge’s order?
Ontario, Canada
What is the test for determining substantial evidence in support of a claim against a witness?
California, United States of America
Is a victim entitled to interest on medical bills that have never been charged?
California, United States of America
What is the test for a joinder of a motor vehicle accident action?
"New York", United States of America
What is the test for determining the credibility of witnesses?
California, United States of America
What is the current state of the law on withholding of removal?
MultiRegion, United States of America
How have the courts treated Miranda warnings in the context of murder cases?
California, United States of America
What is the test for a court to determine a litigant's legal fees costs?
Ontario, Canada
Is it of no constitutional significance that the paint was scraped from the car after it was impounded by the police?
California, United States of America
What is the test for dismissing a juvenile strike?
California, United States of America
When will an administrator or executor of an estate proceed pro se?
MultiRegion, United States of America
What are the implications of the Financial Conduct Authority’s (FCA) position on cross-examinations?
Ontario, Canada
What is relative fault in the context of a motor vehicle accident?
British Columbia, Canada
In what circumstances will capital produced from B shares be used as a guarantee fund for the payment of dividends on the A shares?
Ontario, Canada
What are the factors used in determining child support?
British Columbia, Canada
What is the meaning of section 36 of s. 36 of the New Zealand Constitution and what is the scope of the legislation?
British Columbia, Canada
What is the proper calculation for lost or diminished earning capacity?
British Columbia, Canada
What is the burden of proving a crime committed without trial?
California, United States of America
Is appellant's due process claim forfeited because he did not assert it below?
California, United States of America
What is the test for invalidating a death sentence for a violent criminal with five prior convictions?
California, United States of America
What is the test for determining whether a federal court lacks subject matter jurisdiction under the Feres doctrine?
MultiRegion, United States of America
How have the courts dealt with the prior pleading of a defendant in a criminal case?
MultiRegion, United States of America
What is the test for making a constitutional claim?
California, United States of America
What is the relation back doctrine in motor vehicle accident law?
California, United States of America
Can a firearm be used as a weapon during the commission of an aggravated assault?
MultiRegion, United States of America
Is it a violation of the duty of loyalty for an attorney to act in the absence of the client's consent?
California, United States of America
Can a defendant withdraw a guilty plea under section 1016 of the California Criminal Code?
California, United States of America
Does the Court have an inherent power to control proceedings with which it seized?
Alberta, Canada
What is the duty owed by a mortuary to a bereaved family?
California, United States of America
How is a plaintiff’s loss calculated?
British Columbia, Canada
What is the test for a probationer to be placed on a "reasonable condition" of their probation?
California, United States of America
Is the standard of review for applying the Guidelines for Application of the Guidelines "de novo or abuse of abuse of power"?
MultiRegion, United States of America
What is the relevant case law for a defendant challenging the sufficiency of evidence to prove first degree murder?
California, United States of America
What is the burden of providing an adequate record?
California, United States of America
What is the effect of negligence on a plaintiff's capacity to earn income?
British Columbia, Canada
In a civil case, in what circumstances will a jury be allowed to overturn a finding of not guilty of misconduct?
California, United States of America
What is the test for the presumption of wrongful death in a motor vehicle accident?
California, United States of America
What evidence is required to support an allegation that a boat was damaged by an investor?
British Columbia, Canada
How have the courts interpreted the Sherman Act?
MultiRegion, United States of America
What is the limitation period for a motion for leave?
Ontario, Canada
What is the common law tort of abuse of process?
California, United States of America
What is the standard of review for a defendant's claim of insufficiency of evidence?
California, United States of America
Does Defendant fail to demonstrate that material information was omitted from the affidavit to obtain a search warrant?
California, United States of America
What factors are required to set aside a default judgment?
British Columbia, Canada
Is hearsay evidence admissible at trial?
California, United States of America
What is the test for disability benefits under the Social Security Act?
MultiRegion, United States of America
Does the tort of abuse of process apply to bystanders?
Ontario, Canada
What is considered to be a reasonably durable vehicle under SGA section 18(c)?
British Columbia, Canada
Is a court reporter required to record the proceedings verbatim?
MultiRegion, United States of America
How have the courts treated a motion to suppress evidence in the case of a man accused of possession of a forklift and possession of the stolen forklift?
California, United States of America
What factors are considered in determining whether the use of force was excessive?
MultiRegion, United States of America
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table?
British Columbia, Canada
What is the difference between a guilty verdict and a verdict on a charge of possession of a stolen truck?
MultiRegion, United States of America
What are the requirements for a corporation to be able to sue for damages against an individual?
California, United States of America
Does the statute of limitations apply to a federal habeas petition?
MultiRegion, United States of America
What is the test for dismissing an indictment under the Speedy Trial Act?
MultiRegion, United States of America
In what circumstances have courts described the scope of a medical malpractice case as "wide" and indicated that a patient should not be disturbed?
MultiRegion, United States of America
What constitutes sexual intimacy between a doctor and his patient?
British Columbia, Canada
What is the test for judicial discretion in sentencing?
California, United States of America
When is a religious institution required for a visa application?
Canada (Federal), Canada
What is the test to establish medical abandonment?
California, United States of America
What are the prerequisites for class treatment of medical monitoring claims?
California, United States of America
What is the test for a "significant impact" in determining unequal distribution?
British Columbia, Canada
What is the test for determining whether a trial court has jurisdiction to sentence a defendant to prison?
California, United States of America
What is the threshold for a complainant to meet on a s. 27(1)(c) application?
British Columbia, Canada
Is a failure to properly advise a defendant of their Boykin-Tahl rights rights reversible?
California, United States of America
What is the test for petitioning a superior court for an order compelling the parties to arbitrate their dispute pursuant to an arbitration agreement?
California, United States of America
What is the effect of a motion to squash a bylaw authorizing a plebiscite?
Saskatchewan, Canada
Can a plaintiff make a procedural due process claim?
MultiRegion, United States of America
What is the scope of the court’s view on public forum and the use of the courtroom?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for making a Defendant pay a Defendant's unlawful detainer?
California, United States of America
What is the threshold for a new independent inquiry into the best interest of the children?
British Columbia, Canada
Can a defence of justification be used in a libel action?
British Columbia, Canada
Is a text message that was sent to a defendant in a criminal case admissible under the hearsay rule?
California, United States of America
Under what circumstances can a criminal defendant conduct his own defense?
California, United States of America
What is the test for calculating the damages of a plaintiff in a motor vehicle accident?
Saskatchewan, Canada
In what circumstances will a jury be excluded from the courtroom during jury selection?
California, United States of America
What is the test for proving diversity jurisdiction in a cause of action?
MultiRegion, United States of America
What is the obligation of a wrongfully-dismissed employee to mitigate loss by returning to work for the same employer?
British Columbia, Canada
What is the legal test for a time bar on a medical malpractice claim?
California, United States of America
What is the test for denying a debtor's discharge under the Bankruptcy Code?
MultiRegion, United States of America
What factors have been considered in assessing damages for non-pecuniary damages?
British Columbia, Canada
What is the value of a lost opportunity?
Ontario, Canada
How have courts dealt with conflicting evidence in a civil matter?
British Columbia, Canada
Does a probationer have a "special needs" that justify warrantless searches on less than probable cause?
California, United States of America
Can an appellate court interfere with a trial court's finding of guilt?
Ontario, Canada
What is the standard of review for a default judgment?
MultiRegion, United States of America
Can plaintiffs refer to a prior pleading in order to make an amended complaint complete?
MultiRegion, United States of America
In what circumstances will a defendant be bound by the Court of Appeal as a result of a plea bargain?
California, United States of America
What factors will the BCSC consider when assessing credibility?
British Columbia, Canada
What is the test for using a dictionary to determine the meaning of a word?
California, United States of America
Is a mother entitled to spousal support on both a compensatory and non-compensatory basis?
Ontario, Canada
What is the test for subjective self-defense?
California, United States of America
Does a criminal defendant have a constitutional right to present unreliable hearsay evidence?
California, United States of America
What is the test for sustaining a judgment against a defendant who waived a jury trial to avoid prosecution for assault with intent to commit murder?
California, United States of America
What is the test for dismissing a complaint for failure to state a claim upon which relief may be granted?
MultiRegion, United States of America
Does Section 632 require disclosure of confidential information to a third party?
California, United States of America
What is the relevant evidence in support of a learning disability claim?
MultiRegion, United States of America
What is the test for discretion to relieve against a minimum fine?
Ontario, Canada
What is the test for reducing Accenture's costs?
Ontario, Canada
In what circumstances will a defendant be found guilty of a charge of possession of a prohibited substance under the Mental Health Act?
California, United States of America
When will a court order sole custody in a family law case?
Nova Scotia, Canada
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free?
British Columbia, Canada
What is the test for setting aside a finding of error in a motion to set aside a decision by a different court?
California, United States of America
Does the standard of review apply to a claim of error arising from a failure to give an instruction on witness credibility?
California, United States of America
What is the test for filing a second amended complaint in a civil case?
MultiRegion, United States of America
What is the test for a judge to determine the quantum of an award in a personal injury case?
British Columbia, Canada
Does the doctrine of legitimate expectations extend to substantive rights?
Ontario, Canada
What is the test for an action in battery arising out of medical treatment by a physician?
British Columbia, Canada
What is the effect of an election by an insurer under the indemnity clause of a policy where the insurer elects to replace a damaged or partially destroyed building with a replacement plan?
British Columbia, Canada
What constitutes a document disclosure that is material to issues of spousal and child support?
British Columbia, Canada
What must a plaintiff prove to establish that a member of a group is liable for the actions of the group?
British Columbia, Canada
