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.
Can a police officer use deceptive tactics to trick a guilty person into giving a false confession?
California, United States of America
What is the standard of evidence required in a claim for misrepresentation?
MultiRegion, United States of America
What is the test for an abuse of discretion standard in the context of a civil case?
California, United States of America
Can an equitable receiver pursue an application to sell jointly owned property?
Ontario, Canada
What is the appropriate sentence for a defendant convicted of two counts of murder?
California, United States of America
What is the legal test for a second line of authority?
British Columbia, Canada
What is the legal test for drafting a pro se complaint?
MultiRegion, United States of America
Can a conclusion or opinion from a witness be admitted as non-expert opinion evidence?
Ontario, Canada
How have the courts in BC dealt with the issue of proof of loss at the commencement of trial in a case where the loss had taken place as soon as practicable?
British Columbia, Canada
Can a conviction for depositing a hazardous substance be stayed pursuant to section 654 of the Criminal Code?
California, United States of America
Can a complaint be amended to substitute an administrator as a real party in interest?
California, United States of America
What is the test for a joinder of murder charges?
California, United States of America
What is the test for a motion for habeas corpus based on ineffectiveness of counsel at trial?
California, United States of America
What is the legal basis for appellant to argue that a jury should be asked for additional explanations in their instructions?
California, United States of America
How have the results of a search warrant been suppressed?
MultiRegion, United States of America
In a personal injury action brought by the mother of a child, is the mother's right to continue with the litigation?
Ontario, Canada
Does the statute of limitations extend from the time a final decision is issued on direct state appeal to the time the first state collateral challenge is filed?
MultiRegion, United States of America
Can provocation constitute contributory negligence in a tort action for assault?
Alberta, Canada
Does the fact that involuntary manslaughter is included within murder justify instruction thereon?
California, United States of America
What is the test of the rule of appellate review?
California, United States of America
What is the defense of diminished mental capacity in a case at bench?
California, United States of America
What is the effect of challenged evidence in a motor vehicle case?
California, United States of America
What is the test for an official to be found guilty of a breach of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Does a prospective jury need to be sworn in before they can be sworn as jurors?
California, United States of America
Does a prosecutor indirectly comment on a defendant's failure to testify?
California, United States of America
Does the exclusion of an altered pen that was intended to be used as a screwdriver violate a defendant's right to present a defense?
California, United States of America
How have courts considered "laying in wait" instruction in the context of a woman's murder case?
California, United States of America
What is the test for a frivolous motion?
Ontario, Canada
What constitutes a claim under the Federal Trade Commission Act?
MultiRegion, United States of America
Can prison officials be held liable for failing to protect inmates from violence by other inmates?
MultiRegion, United States of America
What is the standard of review in a personal injury case?
California, United States of America
Does the gavel rule bar an owner from redeeming a property before the foreclosure sale occurs?
MultiRegion, United States of America
Can a plaintiff sue for emotional distress arising out of breach of contract?
California, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
Can a lay witness testify to an out-of-court statement?
California, United States of America
Is appellant liable as a result of the Attorney General's argument that appellant acted as an aider and abettor?
California, United States of America
How have the courts treated a taxpayer's claim that they are entitled to deduct tax benefits from Scientology?
MultiRegion, United States of America
What is the test for assessing costs in a personal injury action?
Ontario, Canada
What is the relevant head-note in the law of constructive trust in matrimonial property disputes?
Ontario, Canada
Is a jury's final instruction to the jury concerning the issues of concern sufficient to prevent a substantial wrong?
British Columbia, Canada
How have courts dealt with the issue of inattentiveness of a juror?
California, United States of America
What is the test for determining whether a prior conviction qualifies as a serious felony?
California, United States of America
What is the test for admitting evidence in a medical malpractice case?
Ontario, Canada
What is the burden of proof for a motion for nonsuit on the ground of contributory negligence?
California, United States of America
How have courts interpreted the express discretion provision in pension plans?
MultiRegion, United States of America
Can a party apply for reconsideration of a non-final order?
MultiRegion, United States of America
How has the court treated the issue of improper use of a transmission in a motor vehicle?
California, United States of America
Does the reciprocal discovery statute require the prosecution to disclose to the defense certain categories of evidence?
California, United States of America
Does the statutory scheme under the California Constitution need to be challenged by the state?
MultiRegion, United States of America
Is there any case law or case law that would have changed the disposition of a defendant in a civil case?
California, United States of America
Can a party who sets down an action for trial proceed with a motion for leave to dismiss the motion because of the ongoing pandemic?
Ontario, Canada
What is the test for determining whether a prosecutor made improper statements in a closing argument?
MultiRegion, United States of America
What is the proper procedure for a motion for a judgment of acquittal pursuant to Rule 29?
MultiRegion, United States of America
What is the test for proving that the child is still a child of the marriage at the time of the application?
British Columbia, Canada
Can a lawyer be ordered to pay special costs?
British Columbia, Canada
Can a plaintiff argue that pre-existing medical conditions, unrelated to any car accident, be taken into account in the context of a crumbling skull theory?
Ontario, Canada
Does a sentencing hearing that is conducted on remand after a partial reversal on appeal constitute in itself a "new trial"?
California, United States of America
Does the BCSC have a duty of care in the context of misrepresentation in the negotiation process?
British Columbia, Canada
What is the test for malice by a public body?
Canada (Federal), Canada
What is the test for reasonable suspicion of criminal activity?
California, United States of America
What is the evidentiary value of having a child in a marriage?
Canada (Federal), Canada
What is the test for determining whether a debtor has been declared bankrupt?
British Columbia, Canada
In what circumstances will a payor be held liable for failing to notify the recipient of child support?
British Columbia, Canada
What is the standard of reasonable doubt in criminal cases?
California, United States of America
What is the test for maintaining the status quo in determining interim custody of children during a long-term matrimonial dispute?
Ontario, Canada
What is the test for admitting or excluding evidence for abuse of discretion?
California, United States of America
Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial?
California, United States of America
What is the test for a de novo review of the findings of the Court of Appeal of a finding that a plaintiff was sexually assaulted during her pregnancy?
California, United States of America
What is the test for a motion for dismissal for lack of subject matter jurisdiction?
MultiRegion, United States of America
What is the current state of the law regarding confidentiality in criminal proceedings involving juvenile offenders?
MultiRegion, United States of America
In what circumstances will a police officer be permitted to carry out a general search of a public toilet?
California, United States of America
What is the test for reducing a defendant’s liability for damages for depression and anxiety?
British Columbia, Canada
Does the fact that it could not be conclusively proven that defendant deposited his DNA at the time of the crime preclude the jury from considering prosecution experts' opinions on the matter?
California, United States of America
What is the test for an error in the instruction of a medical marijuana defense?
California, United States of America
What is the current state of the law on dangerous driving?
Ontario, Canada
Does defendant have any evidence of any court ruling refusing to permit the testimony of these witnesses in the defense case?
California, United States of America
If a jury accepts that some of the challenged photographs were of limited probative value and should have been excluded by the trial court, would this be a mistake?
California, United States of America
What is the test for conclusionary allegations under the Civil Rights Act?
MultiRegion, United States of America
What is the effect of a variation order on spousal support when the issue is reviewed by the court on January 17th of 1997?
British Columbia, Canada
What are the legal costs for a successful litigant in a personal injury case?
Ontario, Canada
What is the test for credibility in a trial judge’s assessment of credibility?
Newfoundland and Labrador, Canada
Does the Double Jeopardy Clause bar a retrial in this case?
MultiRegion, United States of America
What is the effect of full parole for an offender who has been on full parole under section 128 of the Criminal Code?
Canada (Federal), Canada
What are the principles applicable to claims for past and future loss of earning capacity?
British Columbia, Canada
What is the current state of the law on intervening at an inquest?
Manitoba, Canada
Can a motion to vacate and a default judgment under section 473 be reviewed for abuse of discretion?
California, United States of America
What is the appropriate test for a stay pending appeal?
British Columbia, Canada
What is the natural and probable consequences of a crime committed by a person who knowingly aids and abets criminal conduct?
California, United States of America
What is the test for qualified immunity in medical malpractice cases?
MultiRegion, United States of America
What is a management fee for a plaintiff in a personal injury action?
British Columbia, Canada
What is the test for establishing that a defendant has good character?
California, United States of America
How have courts interpreted the Fair argument test in assessing consistency between a General Plan and a Specific Plan?
California, United States of America
Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons?
MultiRegion, United States of America
When a Commissioner of Health and Social Care makes a finding that children under the age of 18 are not receiving adequate education, can they be denied access to the education system?
MultiRegion, United States of America
Does a judge have the power to stay a criminal proceeding if the prosecution is oppressive?
New Brunswick, Canada
What is the test for a plaintiff to bring a claim against a defendant who was acting under the color of state law?
MultiRegion, United States of America
What is the test for an action where a tap in a bathroom is left open?
British Columbia, Canada
What is the test for police to enter a person's backyard through a gate posted with a "no trespassing" sign?
California, United States of America
What is the test for certifying a certification order?
Ontario, Canada
Can the District Attorney bring a civil action against the County Counsel?
California, United States of America
What is the substantial factor standard for determining whether asbestos exposure is a substantial factor?
California, United States of America
What is the difference between a restrictive covenant and a building scheme?
British Columbia, Canada
What is the effect on child support when a mother's income increases?
Ontario, Canada
What are the benefits of a structured settlement or periodic payment of damages?
Nova Scotia, Canada
Does a plaintiff have to demonstrate good faith in their application for a judicial review of a motion?
MultiRegion, United States of America
What is the test for interim disbursements?
Ontario, Canada
How have the courts interpreted section 1101(a)(13)(C)(v) of the Immigration Code and what are the implications of that?
MultiRegion, United States of America
Is a defendant convicted of involuntary manslaughter eligible for probation?
California, United States of America
Does a loss of profit or damages based on a increase in the capitalization ratio applied in the valuation of shopping centres after July 2004, or are there any potential losses or damages?
Ontario, Canada
How have courts interpreted the modified pattern instruction on involuntary manslaughter?
California, United States of America
Is there any case law where a mistake was made by the Court of Appeal that resulted in a result that would have been more favourable to the appellant?
California, United States of America
What is the test for determining whether a defendant can plead guilty to a lesser crime?
California, United States of America
What is the test for establishing that the accused initiated communication with the police after invoking his right to counsel?
California, United States of America
Can a police officer be qualified immunity from Fourth Amendment violations if he objectively could have believed that his conduct was lawful?
MultiRegion, United States of America
What is the test for "aiding and abetting" a crime?
MultiRegion, United States of America
How did the federal government obtain right to occupancy of a parcel of land in a condemnation proceeding?
MultiRegion, United States of America
What is the test for a claim that a homicide was committed through misfortune or by accident?
California, United States of America
Does the term "law enforcement officer" include parents?
California, United States of America
What is the test for making a decision purely prospective?
California, United States of America
How is the percentage-of-recovery method used to determine attorneys' fees in a class action?
MultiRegion, United States of America
What is the test for the owner or occupier of a residential unit where the occupant has been found to have breached the terms of an eviction notice?
Ontario, Canada
Is there a right-of-way easement that provides access to a parcel of land that runs from north to south?
British Columbia, Canada
What is the legal test for error in the judgment of defendant in his personal injury case?
California, United States of America
What is the impact of a decision by a federal district court not to suppress evidence?
MultiRegion, United States of America
Is a psychiatrist's opinion not subject to reexamination in a civil action against a defendant?
California, United States of America
Does a permissive presumption in the context of sexual assault affect the application of the "beyond a reasonable doubt" standard?
California, United States of America
What is the test for making a claim of prosecutorial misconduct in a criminal case?
California, United States of America
What is the test for counsel in a personal injury case?
British Columbia, Canada
Is there a privative clause in the Canadian Human Rights Act?
Canada (Federal), Canada
What constitutes undue hardship for an employee who is injured in a workplace accident?
British Columbia, Canada
Does international law prohibit the execution of a person on death row?
California, United States of America
What is the test for a finding of bad faith or wrongful intent in a criminal case?
California, United States of America
What is the case law on Rule 11 sanctions?
MultiRegion, United States of America
What is the test for a claim of prejudice against witnesses who have not been able to give evidence at trial?
California, United States of America
What is the test for an offer under section 998 of the California Motor Vehicle Code?
California, United States of America
What is the test for establishing that a party to a motion has a valid claim against the petitioner in a civil case?
MultiRegion, United States of America
Under what circumstances will the Court of Appeal rule on a motion of no confidence?
MultiRegion, United States of America
What are the rules relating to failure to give instructions?
California, United States of America
Is there any case law where an expert testified in support of a claim of prejudice?
California, United States of America
What is the test for probable cause in a container seizure?
MultiRegion, United States of America
Is a failure to instruct on a lesser-included offense prejudicial where it strikes at the heart of the defense?
California, United States of America
Does a Deputy Rentalsman have to meet the burden of proof that an executed copy of the lease has been delivered to the tenant?
Saskatchewan, Canada
Can a jury find that a defendant committed murder with intent to achieve a gang expert's "predicted effect"?
California, United States of America
Does a challenge to jurisdiction need to be deemed jurisdictional for the purpose of demurrer?
California, United States of America
What is the current state of the law on "reasonableness" in sentencing sentences?
MultiRegion, United States of America
What is the effect of section 654 of the California Criminal Code on a sentence for kidnapping?
California, United States of America
What is the test for the presumption of resulting trust?
British Columbia, Canada
Does a combined sentence under Section 846 of the New York State Criminal Code apply to a defendant convicted of conspiracy to commit a drug trafficking offence?
MultiRegion, United States of America
Is a witness unavailable to give evidence at a mental health evaluation?
California, United States of America
What is the test for entitlement to support?
Ontario, Canada
Can a judge issue a peremptory writ without a proper alternative writ?
California, United States of America
Is there a situation where one of the parties owned the business of Radial before the commencement of cohabitation?
British Columbia, Canada
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party?
California, United States of America
Is a defendant entitled to a judicial review of a decision by the Attorney General to replace the prosecutor?
California, United States of America
What is the test for the unlawful taking or withholding of a minor child from the custody of the parent or guardian?
California, United States of America
What is the test for distributing matrimonial property equally between spouses?
Alberta, Canada
How have the courts interpreted factual determinations underlying a Title VII claim?
MultiRegion, United States of America
Can a deed obtained by fraud committed against the grantor be rescinded?
California, United States of America
What evidence supports premeditation and deliberation in a murder case?
California, United States of America
What is the statute of limitations for an action against a health care provider for negligence?
MultiRegion, United States of America
How far does the Court go to obtain foundational information from an expert?
Ontario, Canada
What is the test for establishing the corpus delicti?
California, United States of America
What is the standard for showing ineffective assistance of counsel?
California, United States of America
What is the test for pleading guilty to a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is solicitor-client privilege and what is its impact on the law?
Canada (Federal), Canada
What is the burden of proving equitable tolling?
MultiRegion, United States of America
Is a third strike defendant entitled to the same sentence as a second strike defendant?
California, United States of America
What is the scope of the parental right to have children and to custody of the children under the California Civil Rights Act?
California, United States of America
Is Rule 3.7 of the witness-advocate rule sufficient to prevent a motion to disqualify counsel from being heard?
MultiRegion, United States of America
Does a solicitor have authority to enforce a settlement?
British Columbia, Canada
In what circumstances will the court refuse to order costs for a plaintiff who failed to accept an offer of settlement?
British Columbia, Canada
What is the quantum of damages awarded to a carer in trust?
British Columbia, Canada
When will a judge be granted civil immunity in a civil proceeding?
California, United States of America
What is the standard of care required for a doctor to ask a patient for consent?
British Columbia, Canada
Does the Fourth Amendment extend beyond the scope of criminal investigations?
MultiRegion, United States of America
Is a court wrong to stay execution on counts 4 and 5 pursuant to section 654 of the Criminal Code?
California, United States of America
What is the test for professional misconduct by the Law Society of BC?
British Columbia, Canada
What is the effect of partial amputation of two fingers?
British Columbia, Canada
What is the test for driving under the influence of alcohol?
California, United States of America
What is sufficient to dispose of the matter?
British Columbia, Canada
What is the test for a jury to convict a defendant of a charge of conspiracy to pervert the course of justice?
California, United States of America
How have the courts interpreted the words "could be suspended" in a license admonition?
California, United States of America
Does the fact that the award is worded as a award of three or more is not fatal?
Yukon, Canada
What factors are relevant to the definition of duress in a sexual assault case?
California, United States of America
Is a sentence based on factors relating to him rather than the crime?
California, United States of America
Is a claim that the state court misapplied state law cognizable in a federal habeas action?
MultiRegion, United States of America
What is the test for a jury to overturn a finding of false testimony?
California, United States of America
What is the test for a motion for a defendant to be treated as if he had not previously been convicted of serious and/or violent felonies?
California, United States of America
What factors are considered in determining whether a child is entitled to be placed in a special care home?
British Columbia, Canada
In what circumstances will a search warrant be granted for a drug dealer's home be searched?
MultiRegion, United States of America
What is the test for the doctrine of time limitation in real estate transactions?
Ontario, Canada
Does the rule of necessity allow a government official to vote on a contract in which they may be financially interested?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
What is the effect of a new habeas petition?
MultiRegion, United States of America
Can a motion to dismiss be dismissed based on the running of the statute of limitations period?
MultiRegion, United States of America
What is the test for making a testimonial statement in a criminal case?
California, United States of America
How has section 654 of the California Criminal Code been interpreted?
California, United States of America
What is sufficient evidence to warrant committal for extradition to the United States?
British Columbia, Canada
Can a motion to dismiss a conspiracy cause of action stand?
MultiRegion, United States of America
What is the test for denying a motion for return of property for abuse of discretion?
California, United States of America
