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 case law on reasonable or probable cause to hold a defendant to answer after a preliminary examination?
California, United States of America
What is the test for establishing that a person is entitled to sue under the California Family Law Act?
California, 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 legal test for evicting a person from their home?
California, United States of America
Does Section 190.3 of the California Code of Civil Procedure apply to a defendant in a death penalty case?
California, United States of America
What is the current state of the law in the context of a direct appeal of a conviction and sentence for gross misconduct?
MultiRegion, United States of America
What is the test for a cause of action under the anti-SLAPP statute?
California, United States of America
What is the current state of the law in the context of an application in the Superior Court of Justice?
Saskatchewan, Canada
In what circumstances will a party be allowed to amend their pleadings?
British Columbia, Canada
What are the damages for inducing breach of contract?
Ontario, Canada
What are the factors used by the courts in reviewing a request for a change in custody and access?
British Columbia, Canada
In what circumstances will a party be allowed to sell their property in lieu of a Petition for Partition?
British Columbia, Canada
Is a warrantless search of a person's wallet a valid search incident to arrest?
California, United States of America
Does a certificate of probable cause apply to an appeal from a conviction predicated on a no contest plea?
California, United States of America
On remand, how has the court dealt with the award of a grant of fees awarded to a defendant in a civil case?
MultiRegion, United States of America
What is the test for a court to order security in a construction application?
British Columbia, Canada
How have courts treated the issue of water escaping from the confinement of a natural watercourse?
California, United States of America
Does a judge have the authority to remand the matter for resentencing after finding that part of a sentence was wrongfully applied?
California, United States of America
What is the test for the court to determine the best interests of the child in the context of apprehension?
Ontario, Canada
In an openended consent agreement, can one parent leave Australia with their child for an indefinite period?
Nova Scotia, Canada
What are the merits of the appeal?
British Columbia, Canada
In a motion brought by J.R, who identified appellant at the scene of the crime, is ineffective counsel?
California, United States of America
How have the courts interpreted jury instructions in a murder trial?
California, United States of America
What is the proper procedure for a motion to quash service of summons?
California, United States of America
Can a party waiver solicitor's client privilege by putting their state of mind in issue?
Alberta, Canada
What is the legal standard used by the courts to determine the correct legal standard?
MultiRegion, United States of America
What is the test for reducing or cancelling arrears in a personal injury case?
British Columbia, Canada
What are the relevant factors in determining whether an employee’s disability is an undue hardship?
British Columbia, Canada
Does a failure to demur invalidate a charge of conspiracy?
California, United States of America
Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code?
British Columbia, Canada
What are the consequences of an evidentiary ruling being reviewed for abuse of discretion?
California, United States of America
What is the test for calculating profit under s. 9(1) of the Income Tax Act?
Canada (Federal), Canada
In what circumstances will a lender be able to obtain summary judgment in a claim that its agents were involved in a fraud?
Alberta, Canada
Is a defendant's age a mitigating factor in determining his sentence under the Three Strikes law?
California, United States of America
Is a contract enforceable if the contract does not contain a specific property?
Nova Scotia, Canada
What is the test for determining whether evidence sufficient to support a conviction?
California, United States of America
How have medical records been used to determine if a plaintiff has been sexually assaulted?
California, United States of America
What is the impact of a motor vehicle accident on a plaintiff's mental health?
British Columbia, Canada
Does a change in sentencing law that benefits defendants under current law violate equal protection?
California, United States of America
What are the conditions that must be met by the court to exercise the right to exercise a personal injury right?
British Columbia, Canada
Does improper motivation need to be included in a jury charge in a case involving a claim of adverse action based on improper motivation?
MultiRegion, United States of America
In what circumstances can a plaintiff bring a tort action against a union official?
MultiRegion, United States of America
Is there an ex post facto violation in a new sex offender crime imposed on an offender who failed to register?
California, United States of America
Is it appropriate to order a vocational assessment by a person who is not a health care practitioner?
Ontario, Canada
Is a jury entitled to additional instructions on the defense?
MultiRegion, United States of America
What is the burden of establishing privilege against a party who is not entitled to privilege?
"New York", United States of America
What is the test for the purpose of compensating the recipient spouse for economic disadvantage arising from the marriage?
British Columbia, Canada
What is the test for a claim against a contractor who has failed to complete the work?
Alberta, Canada
How have the courts dealt with cases where a lawyer was found to have allowed, encouraged and abetted the unauthorized practice of law?
Ontario, Canada
Can we reverse a judgment from a reporter's transcript of a hearing where no party presented live witness testimony?
California, United States of America
What is the impact of the Three Strikes law on the law itself?
California, United States of America
What is considered substantial success in the context of international arbitration?
British Columbia, Canada
What is the test for probable cause in a search warrant?
California, United States of America
Is s. 11 of the Charter not engaged in extradition proceedings?
British Columbia, Canada
What is the current state of the law on the use of protective confinement?
MultiRegion, United States of America
What is the test for a waiver of Miranda rights?
MultiRegion, United States of America
What is the current state of the law on fair and consistent approach?
British Columbia, Canada
What is the state of the law in Ontario and what is the effect of that?
California, United States of America
Does a minor change in an instruction on presumption of fraud or presumption of undue influence need to be made?
California, United States of America
What is the test for reversal of a judgment in a personal injury case?
California, United States of America
What is the legal test for making permanent improvements to the surface of an easement on a private property?
California, United States of America
What is the test for obtaining habeas corpus from a federal court?
MultiRegion, United States of America
What is the effect of s. 548(1) of the Criminal Code on committal?
Ontario, Canada
What is the liability of a farmer to prevent his cattle from straying to adjoining land?
Saskatchewan, Canada
Is a defendant entitled to an instruction on his theory of defense?
MultiRegion, United States of America
What is the test for medical expenses in a motor vehicle accident?
British Columbia, Canada
Can a witness's location of evidence be characterized as the Fruit of the Poisonous Tree?
California, United States of America
Can a defendant be held liable for negligence after the shipment has arrived?
Saskatchewan, Canada
What is the test for credibility of a witness?
California, United States of America
What are some cases of abuse of power?
MultiRegion, United States of America
Does a defendant have a cognizable issue on the grounds that his counsel failed to object to the finding of voluntary manslaughter?
California, United States of America
What is the test for obtaining a search warrant from a telephone company?
California, United States of America
Does a plaintiff have an inadequate claim for municipal liability based on failure to train?
MultiRegion, United States of America
Can a party change its theory of relief from the Monterey District on appeal by stating and establishing the grounds of its challenge to Rule 1000?
California, United States of America
Can a failure to forfeit a bond be treated as a forfeiture?
California, United States of America
Does the term "criminal proceedings" or "county charges" apply to expenses incurred by the Department of Justice?
California, United States of America
What is the test for an indigent defendant in a civil case?
MultiRegion, United States of America
What is the statute of limitation for an action against a health care provider based on professional negligence?
California, United States of America
What is the test for granting custody of a child to a third party?
California, United States of America
Does the court have to instruct the jury on the charge of involuntary manslaughter?
MultiRegion, United States of America
How have courts in Canada assessed non-pecuniary losses in personal injury cases?
British Columbia, Canada
What are the costs of appeal costs for the claimant in a case that has been divided between success and success?
Saskatchewan, Canada
What is the limitation period for an action against an attorney for a wrongful act or omission?
California, United States of America
Is there any evidence that counsel was ineffective on appeal?
California, United States of America
What is the test for objecting to a claim of prosecutorial misconduct?
California, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
Is the reasonable doubt instruction insufficient to support the definition of reasonable doubt in CALCRIM No. 220?
California, United States of America
What are some cases involving forfeiture of assets for criminal purposes?
MultiRegion, United States of America
What is the test for indemnifying a successful litigant for the costs of enforcing their rights?
Ontario, Canada
Does Calcim No. 361 allow, but not compel, the jury to find defendant made a false or misleading pretrial statement?
California, United States of America
Does a claim that a suspect's confession was coerced violate the Miranda rule?
California, United States of America
How have the courts treated allegations of fraudulently induced to buy or hold shares in a company?
Alberta, Canada
What is the next cause of action for breach of contract to not terminate without cause?
California, United States of America
What is the test for instructing a jury on involuntary manslaughter?
California, United States of America
What is the test for the enhancement of an opinion that a crime was meant to benefit the gang?
California, United States of America
What are the factors used by a jury to determine a death sentence?
MultiRegion, United States of America
What is the standard of review in cases in which the prosecution relies mainly on circumstantial evidence?
California, United States of America
Is prejudicial evidence in a criminal case admissible?
California, United States of America
What is the current state of the law of entrapment in this circuit?
MultiRegion, United States of America
Does the corporate veil need to be pierced?
Saskatchewan, Canada
When will a motion to adjourn the trial be denied?
British Columbia, Canada
Is there any common law common law actions that may arise from the breakdown of a relationship?
British Columbia, Canada
Can a government official be held liable for defamatory statements made under section 1983 of the California Civil Code?
MultiRegion, United States of America
Does appellant's failure to object on the grounds of waiver on appeal to the Court of Appeal constitute waiver?
California, United States of America
Is there any reasonable doubt that there would have been no reasonable doubt in a jury finding a defendant guilty absent the error?
California, United States of America
Can the Court dismiss an appeal under s. 613(1)(b)(iii) of the Criminal Code because of the intermingling of the facts between the facts and the facts?
Saskatchewan, Canada
What is the test for determining whether a delay in completing a criminal case was unreasonable?
California, United States of America
Does the immunity principle apply in civil rights cases?
MultiRegion, United States of America
Does the Attorney General have forfeited the issue of cross-examination?
California, United States of America
What is the test for obtaining a search warrant for obscene material?
California, United States of America
What are the implications of the California Supreme Court ruling that a crematorium can refuse to comply with a mandate issued by the California Board of Directors?
California, United States of America
What is the test for a jury to overturn a conviction for burglary?
California, United States of America
What is the test for retroactive child support orders under section 150 of the Family Law Act?
British Columbia, Canada
How has the court dealt with a motion to substitute counsel for a defendant in a criminal case?
California, United States of America
What is the test for driver's failure to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk?
California, United States of America
What is the test for a pleaded cause of action under section 425.16 of the California Anti-SLAPP Act?
California, United States of America
Is there a case where a defendant called a phone-in show defamatory comments during the broadcast of the show entitled to sue the broadcaster?
Ontario, Canada
Is a motion denied on the sole ground of lack of jurisdiction valid?
California, United States of America
What is the standard of review in the context of a judicial review?
Canada (Federal), Canada
What is the effect of a motion to dismiss an amended complaint?
California, United States of America
What is the impact of a trial court's de novo ruling?
California, United States of America
What is the test for sustaining a "basic civil right" in a civil case?
MultiRegion, United States of America
What factors are considered in determining whether a statement was given involuntarily by a police officer?
California, United States of America
Does a sentence for possession for sale have to be stayed?
California, United States of America
What is the definition of "a person aids and abets the commission of a crime"?
California, United States of America
What is the test for setting aside a jury verdict in a trial where counsel's address to the jury is offensive or irrelevant to any issue properly before the jury?
Ontario, Canada
What is the test for holding a summary conviction hearing in a criminal case?
Manitoba, Canada
Can a medical malpractice judge find that nondisclosure of alternative treatments is not below standard care?
California, United States of America
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?
California, United States of America
What is the test for making a threat to kill a person who is under threat?
California, United States of America
What is the test for severance in a judicial misconduct case?
Ontario, Canada
What is the test for a finding of personal infliction of great bodily injury?
California, United States of America
Is the Secretary of State's findings of fact reviewable on review?
MultiRegion, United States of America
Is a federal habeas review limited to the record that was before the state court that adjudicated the claim on the merits?
MultiRegion, United States of America
What is the test for establishing that a party has committed an act of "state action" against a plaintiff?
MultiRegion, United States of America
What is the test for determining whether defamatory statements can reasonably be interpreted as referring to plaintiffs?
California, United States of America
Does Defendant have a right to object to the prosecutor's comments on the evidence in their closing argument?
California, United States of America
What is the impact of drug testing on police cadets?
California, United States of America
What is the current standard for determining if a motorist has acted accordance with the requisite standard?
British Columbia, Canada
Does a defendant's failure to object in the Court of Appeal forfeit the issue for appeal?
California, United States of America
What factors have been considered in assessing damages for non-pecuniary damages?
British Columbia, Canada
Is a minor amendment to a legislative act considered to be a legislative amendment?
California, United States of America
How have the courts applied the substantial evidence standard of review?
California, United States of America
What is the test for setting aside a discretionary decision in a personal injury case?
Alberta, Canada
In what circumstances will testimony that a defendant fits the profile of a typical heroin dealer be inadmissible in a trial for possession of the drug?
California, United States of America
Is a denial of a discovery motion cognizable on appeal following a guilty or no contest plea?
California, United States of America
Is there interlocutory jurisdiction to review a denial of a motion to dismiss?
MultiRegion, United States of America
What is the test for disclosing confidential information?
Nova Scotia, Canada
What is the test for ineffective assistance of counsel?
MultiRegion, United States of America
What is the "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision?
"New York", United States of America
When will the court consider the welfare of the children in the context of access?
Saskatchewan, Canada
What is the standard of review for destroying or destroying evidence?
California, United States of America
Does a court have to explain the law of constructive possession?
MultiRegion, United States of America
What is the test for terminating sanctions when a party has been found in breach of a rule or order?
California, United States of America
What is the legal basis for a conviction for possession with intent to distribute narcotics?
MultiRegion, United States of America
When a court suspends imposition of sentence and places a defendant on probation but later revokes probation, but later imposes sentence, what is the difference?
California, United States of America
What is the current state of the law on probation for a probationer's association with drug dealers?
MultiRegion, United States of America
What is the test for determining whether a premises is vacant?
Ontario, Canada
Does the cumulative impact of water discharges need to be considered in the environmental impact review?
California, United States of America
What is the test for determining whether a motion for divorce can be relied upon solely on affidavits and evidence submitted by the parties?
MultiRegion, United States of America
What is the standard of care provided by the courts in the context of natural justice?
Canada (Federal), Canada
How have courts interpreted time limits in insurance claims?
British Columbia, Canada
What is the difference between a treating physician and a treating doctor?
MultiRegion, United States of America
What is the totality of the circumstances and what is the test for determining if a defendant has known for a long period of time that they may have committed acts that were reasonably likely to elicit incriminating responses?
MultiRegion, United States of America
What are the consequences of a trial court's imposition of discovery sanctions for abuse of discretion?
California, United States of America
What is the current state of the law in relation to historical facts?
British Columbia, Canada
What is the test for establishing that a motion was brought before the Court of Appeal against an order or judgment?
California, United States of America
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions?
British Columbia, Canada
Can a prosecutor argue that prosecutorial misconduct gave rise to an obligation to instruct the jury that it must unanimously agree which of the four people intended to kill?
California, United States of America
What is the effect of a brief remark by an attorney to a jury in a civil case?
California, United States of America
What is the test for an award of double costs for failing to accept an offer to settle that should have been accepted?
British Columbia, Canada
What are the requirements for an application to be heard by a hearing panel to state that an applicant has undergone a meaningful change and rehabilitation of their character?
Ontario, Canada
What circumstances are considered to be mitigation in a criminal case?
California, United States of America
What is the duty of an insurer to defend a claim?
MultiRegion, United States of America
What is the legal test for making changes to a city's pension policy?
California, United States of America
Does the Fourteenth Amendment protect against false imprisonment or deprivation of liberty?
MultiRegion, United States of America
What is the test for a motion for a new trial on the ground of ineffective assistance of counsel?
California, United States of America
What are the principles of amending a pleading?
Nova Scotia, Canada
Is there sufficient evidence to prove that defendants are violating the Eighth Amendment by only providing only one hot meal per day?
MultiRegion, United States of America
What is the test for apportioning liability between tortious and non-tortious causes?
British Columbia, Canada
Is there any case law in which a judge has found no errors or errors?
California, United States of America
What is a warrant of eviction "issued"?
"New York", United States of America
What is the test for maintaining possession of a property in a good deed?
Nova Scotia, Canada
Can a plaintiff bring an attorney-client conspiracy claim?
California, United States of America
What is the test for denying a defendant's right to an attorney?
"New York", United States of America
What is the effect of diminished capacity on the diminished capacity defense?
California, United States of America
Is the Attorney General's argument that prejudicial effect of the news coverage of the crime committed by the crime was largely dissipated by the time of trial?
California, United States of America
What is the test for sufficient communication between a party and party?
Ontario, Canada
What is the current meaning of section 591 of the California Code of Civil Procedure on obstruction or interference with a telephone line?
California, United States of America
Is there any case law supporting or opposing the assertion in a Defendant's Statement of Claimant Claimant that the Plaintiff has a valid claim to be able to sue for damages?
MultiRegion, United States of America
What is the test for whether a party has submitted a dispute to arbitration?
California, United States of America
What is the test for an undercover officer who (4) provides information to a plaintiff in a criminal case?
MultiRegion, United States of America
What is the test for an individual to be found guilty of sexual assault?
California, United States of America
What are some cases where a state employee has argued that the employment termination procedure used by his employer does not comply with due process safeguards?
California, United States of America
Can a jogger, rollerblader or pedestrian be hit by a vehicle?
British Columbia, Canada
What is the process of bringing a motion before the court?
Ontario, Canada
Can an actuarial surplus in the Trust Fund be realized in violation of the terms of the Plan?
Ontario, Canada
Is there a fundamental right to be given notice of a specific charge in a criminal case?
MultiRegion, United States of America
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror?
California, United States of America
Does a demand for prejudgment interest need to be served on appellant?
California, United States of America
