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.
Is evidence of extrajudicial admissions to the police admissible?
California, United States of America
What is the test for allowing evidence of a prior sexual assault in a sexual assault case?
California, United States of America
Does the term "wilful misappropriation" apply to an attorney's conduct?
California, United States of America
How have the courts interpreted the terms of a settlement agreement?
California, United States of America
What is the test for determining the sincerity or authenticity of a person's religious beliefs?
MultiRegion, United States of America
What are the causes of action for breach of contract?
California, United States of America
Is a foreign judgment not merged into the original cause of action?
Saskatchewan, Canada
Is there any case law where a judge would be compelled to conclude that a mixed question of law and fact was not a matter of law?
MultiRegion, United States of America
What is the test for obtaining limited insurance information from a plaintiff in a motor vehicle accident?
California, United States of America
Can a lien be registered against the tile of an owner's strata lot for outstanding strata fees or special levies?
British Columbia, Canada
When will a court order a division of health care costs between a parent and supported children?
Alberta, Canada
What is the test for dismissing a prior strike allegation?
California, United States of America
What are the damages for reduction in quality of life for an injured party?
Alberta, Canada
What is the standard of review for a jury to view evidence of a defendant's oral confession with caution?
California, United States of America
What is the current state of the law on "unanimity" with respect to aggravating factors?
California, United States of America
Is a sentence that "could not lawfully be imposed under any circumstance" enforceable?
California, United States of America
What is the test for a motion for judgment of acquittal pursuant to section 1118.1?
California, United States of America
What is res judicata on the legality of a search warrant search?
California, United States of America
Is there any case law where a defendant's DNA has been found on a glove?
California, United States of America
What is the difference between a plaintiff and defendant in a Supreme Court case?
MultiRegion, United States of America
What is the test for finding that a police officer violated a constitutional right?
MultiRegion, United States of America
What is the test for a section 13 case under Section 1307(c) of the Civil Code of Civil Procedure?
federal, United States of America
What is the test for "beyond a reasonable doubt" determination in a criminal case?
California, United States of America
What is the test for establishing impartiality?
Canada (Federal), Canada
Does the Defendant have any evidence to support his convictions for murder and attempted murder?
California, United States of America
What is the test for a finding of abuse of discretion on appeal?
California, United States of America
What is the alternative ground of liability for failing to disclose to the public?
Ontario, Canada
What is the test for the proposition of working on a roof that requires the occupier to take every conceivable precaution, or run the risk of being found negligent?
Manitoba, Canada
Does section 654 of the California Criminal Code bar separate punishment for the three attempted murders and the three firearm enhancements?
California, United States of America
Is a private landowner entitled to compensation for damages caused by the failure of a water delivery system?
California, United States of America
Is there a "rare" case where the merits of a mistrial motion were so clear that counsel's failure to make the motion would amount to ineffective assistance?
California, United States of America
What is a plea bargain between a defendant and a prosecutor?
California, United States of America
What is the effect of a defendant's right to testify in mitigation of punishment in a criminal case?
California, United States of America
What is the test for reasonable time?
British Columbia, Canada
Does a prosecutor's comment that reasonable doubt only applies to those who establish their innocence constitute a loophole for the guilty?
California, United States of America
Is a plaintiff's cause of action barred by the statute of limitations or by the doctrine of laches?
California, United States of America
What is the test for striking out or amended a pleading in an action?
Alberta, Canada
Is there any case law where a search warrant can be used to search a person's home without the search warrant being issued?
MultiRegion, United States of America
What is the test for retrial after a jury deadlock?
California, United States of America
Is a prosecution's argument in closing that a defendant failed to call a witness a fair comment on the evidence?
California, United States of America
Does Defendant have an honest belief in a voluntary manslaughter based upon imperfect self-defense?
California, United States of America
What is the test for mitigation of damages in a motor vehicle accident?
California, United States of America
Does disclosure of confidential documents affect the outcome of a trial?
MultiRegion, United States of America
What criteria must be met to determine that a plaintiff contributed substantially to the value of her partner's property?
Alberta, Canada
What is the test for a defendant in an appeal against a decision denying disability benefits?
MultiRegion, United States of America
Is an employer liable for injuries sustained by an independent contractor who causes injuries to a patient as a result of negligence?
California, United States of America
What is the initial burden of pleading an adequate procedural bar in a habeas case?
MultiRegion, United States of America
Does the Court have the authority to order that a motion for summary judgment be heard without trial?
Ontario, Canada
Can a federal judge be found to have bias or prejudice in a sentencing hearing?
MultiRegion, United States of America
What is the test for reasonable refusal of a treatment?
British Columbia, Canada
What is the test for determining whether a plaintiff has a thin skull or crumbling skull injury?
British Columbia, Canada
What is the burden of proving that a plaintiff’s considered decision not to undergo spinal fusion surgery is a failure to mitigate?
British Columbia, Canada
What is the test for determining whether a defendant has the ability to pay in a personal injury case?
California, United States of America
What is the test for transferring a youth charged with a violent senseless murder to an ordinary court for trial?
Saskatchewan, Canada
Is the doctrine of last clear chance applicable to the circumstances of a motor vehicle collision?
California, United States of America
What factors must be considered in determining a cost for costs in a personal injury action?
British Columbia, Canada
Does Section 654 of the California Penal Code apply to a defendant who committed an indivisible transaction?
California, United States of America
Can an employer force employees to bring their cars to work, knowing they will be driving home from work, and nevertheless effectively encouraged them to drink and drive without limit?
British Columbia, Canada
What is the test for determining whether a parent's actions are in the best interests of the child or child?
British Columbia, Canada
What is the effect of s. 105(3) of the "deemed rejection" section of the Charter?
British Columbia, Canada
What is the test for certification under the Class Proceedings Act?
New Brunswick, Canada
What is the test for damages for constructive dismissal?
British Columbia, Canada
What is the test for challenges to instructions in a personal injury case?
California, United States of America
What is the test for conducting an independent review of the record?
California, United States of America
Is a lawyer’s client entitled to keep all communications with the client confidential?
Manitoba, Canada
Is there any case law where a jury member of the jury has been found to have made a mistake in giving evidence of limited probative value?
California, United States of America
Is a fiduciary who acts on behalf of the other party in a personal relationship with the other person?
Ontario, Canada
What is the test for a judgment in a personal injury case?
California, United States of America
What is the test for a motion to review the adverse credibility determinations under the REAL ID Act?
MultiRegion, United States of America
What evidence exists that prison officials intentionally interfere with medical treatment?
MultiRegion, United States of America
Does harmless error analysis apply to failure to provide counsel at a preliminary hearing pursuant to CPL 180.10?
"New York", United States of America
What is the test for determining whether a plaintiff has been found guilty of sexual assault?
California, United States of America
Is it reasonable for a child to work for a period to repay a past student loan and earn money for future educational expenses?
Alberta, Canada
What is the test for establishing an implied easement on a parcel of land where there is no prior use of the easement?
California, United States of America
How does the court proceed with a motion to amend the original order?
British Columbia, Canada
What is the current state of the law on personal attacks on the integrity of opposing counsel?
California, United States of America
Does field identification of a defendant need to be suppressed if the witnesses have an independent recollection of the crime?
California, United States of America
Does a consent order have the effect of a judgment of the court following a trial or hearing?
Ontario, Canada
What is the test for an offer to settle?
Ontario, Canada
Is the Attorney General's position that a paper bag in the possession of an arrestee can be searched without a warrant?
California, United States of America
Is it impractical, uneconomic and contrary to the efficient administration of justice to pursue a large number of individual claims?
British Columbia, Canada
What are the mitigating and aggravating factors in determining whether probation is mandated in a sexual assault case?
California, United States of America
What is the legal test for a judicial review of term-fixing practices by the California Parole Authority?
California, United States of America
Does s.44 of the Municipal Act, 2001, c.25 stipulate a municipality's duty of respect to sidewalks within it?
Ontario, Canada
What are the requirements for uniform injunctive or declaratory relief in a class action?
MultiRegion, United States of America
Is there any case involving the Fifth Amendment involving the Fourth Amendment?
MultiRegion, United States of America
What is the test for a Rule 12(b)(6) motion?
MultiRegion, United States of America
Can a defendant appeal from a judgment of conviction after a plea of guilty?
California, United States of America
What is the state of the law in relation to restraints?
California, United States of America
What is the disposition of a jury in a felony murder case?
"New York", United States of America
What is the test for determining whether a change in a law is an attempt to violate that law?
California, United States of America
Is a defendant entitled to every reasonable doubt?
California, United States of America
Is there any difference between a landlord and a purchaser of a lease where the lease is registered as an actual notice rather than a bill of sale?
Alberta, Canada
What are the factors used to determine whether there has been a violation of the sixth amendment?
MultiRegion, United States of America
What is the appropriate level of compensation for loss of income earning capacity?
British Columbia, Canada
What is the test for a dismissal for failure to state a claim pursuant to Rule 12(b)(6)?
MultiRegion, United States of America
What is the test for a finding that a criminal suspect's statement to law enforcement officers was voluntary?
MultiRegion, United States of America
What is the test for possession of ricin?
MultiRegion, United States of America
When a defendant is convicted of more than one criminal offence, can he receive a concurrent sentence?
California, United States of America
What is the test for equal protection under section 7 of the California Constitution when a convicted sex offender has been found to have been "friendly" with a child before committing a crime?
California, United States of America
What factors must be considered when assessing non-pecuniary damages?
British Columbia, Canada
Does a plaintiff have standing to bring an action for a breach of section 1090 of the California Civil Code of Civil Procedure?
California, United States of America
Is a federal employee's right to sue the federal government over a personnel rule that limits the scope of the civil rights of the employee?
MultiRegion, United States of America
What is the proper way to assess future loss of capital as a form of capital asset?
British Columbia, Canada
What is the effect of ineffective assistance on the ineffective assistance claim?
California, United States of America
Is a pleading sufficient to be dismissed on the grounds that it fails to disclose a reasonable cause of action?
Manitoba, Canada
Can a defendant, after pleading guilty to a misdemeanor, challenge on appeal a motion to dismiss on constitutional or statutory speedy trial grounds?
California, United States of America
What are the factors used to determine the state of mind of a plaintiff in a claim for environmental damages?
California, United States of America
What are some cases where a defendant was charged with a range of crimes, including murder, burglary, and forcible sodomy, while under the influence of cocaine and alcohol?
California, United States of America
What is the test for the presumption of due care in a wrongful death action?
California, United States of America
What is the test for equal protection and due process in criminal trials?
California, United States of America
What is the test for determining causation in a motor vehicle accident?
California, United States of America
What is the test to determine whether a corporate officer, director, and stockholder or employee is liable to a third party for breach of section 354 of the California Civil Code of Civil Procedure?
California, United States of America
What is the test for an assault on a peace officer?
California, United States of America
Does the standard of review change when an administrative agency disagrees with the findings of a hearing officer?
MultiRegion, United States of America
What is the test for adverse possession of a property?
California, United States of America
What is the test for reweighing the evidence in a review of an administrative decision?
California, United States of America
What is the finding of fact in a motor vehicle accident where a driver misjudged the speed and distance of a vehicle travelling at 50 to 70 kilometres per hour?
British Columbia, Canada
In a personal injury action, in what circumstances will the award for damages be reduced or increased?
British Columbia, Canada
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing?
MultiRegion, United States of America
What is the test for substantial evidence in a criminal case?
California, United States of America
Is there sufficient evidence to convict defendant on count five of assault under section 288 of the California Code of Civil Procedure?
California, United States of America
What is the test for dismissing a complaint for failure to state a claim de novo?
MultiRegion, United States of America
Is a court bound to assume that the record contains all the evidence the parties would provide if the matter proceeded to trial?
Ontario, Canada
When will the jury be instructed that evidence that shows no more than an indiscriminate attack is insufficient to prove specific intent to maim?
California, United States of America
What is the test for a habeas application?
MultiRegion, United States of America
What is the impact of a police enforcement clause in a custody application?
Ontario, Canada
What is the test for a multiple of costs award for serious party misconduct?
Alberta, Canada
What is the test for having access to a foster child?
Ontario, Canada
Is it necessary for an applicant to prove a breach of the standard of care with expert evidence?
British Columbia, Canada
How do courts review spousal support orders for abuse of discretion?
California, United States of America
Can a police officer be held responsible for torturing a suspect in the course of their questioning?
Ontario, Canada
What is the probable cause standard for obtaining an affidavit in support of a wiretap application?
California, United States of America
What are the assets of a plaintiff in a personal injury action?
California, United States of America
What is the test for determining a defendant's eligibility for resentencing under the Criminal Code Act?
California, United States of America
What is the effect of diversion in a criminal case?
California, United States of America
What is the legal test for determining the meaning of the word "involve"?
California, United States of America
Does Section 654, subdivision (a) of the California Criminal Code allow a defendant to be convicted of a single physical act?
California, United States of America
Does the independent felonious purpose rule apply to kidnapping?
California, United States of America
What is the relevant case law on sexual assault under section 288 of the California Child Protection Act?
California, United States of America
What is the test for determining whether a person is disabled?
MultiRegion, United States of America
Does a claim of involuntariness under the Fifth Amendment have to include coercion?
California, United States of America
Does the requirement of production of books and papers constitute the Fifth Amendment privilege?
MultiRegion, United States of America
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder?
California, United States of America
What is the requirement that a party initiates the action in order to mediate?
California, United States of America
Can a spouse impute income as a result of receiving free housing?
British Columbia, Canada
What is the standard of judicial review of a question of fact when the issue is whether a project that would otherwise be found categorically exempt is subject to one of the exceptions?
California, United States of America
What is the limitation of mobility rights of the child?
British Columbia, Canada
In what circumstances will the court order a fixed amount of costs against the mother in a family law dispute?
Saskatchewan, Canada
What happens if a defendant loses an oral motion to revoke her probation?
California, United States of America
In what circumstances have courts been found to have abused their discretion in admitting certain "remote" felony convictions for impeachment purposes?
California, United States of America
What is the test for habeas relief based on trial error?
MultiRegion, United States of America
What is the criteria to make out a breach of the Rules of Practice under s. 38(4)(b)(iii) of the BC Attorney General's Act?
British Columbia, Canada
Is the Ministry of Health and Social Care vicariously liable for the acts authorized and unauthorized?
British Columbia, Canada
What is the test for claiming and issue preclusion in a personal injury action?
California, United States of America
What is the standard for triggering a violation under Rule 11?
MultiRegion, United States of America
Can a decision of the Superintendent regarding the prohibition of a licence be set aside?
British Columbia, Canada
Can a fiduciary relationship between an investment advisor and a client be considered a matter of law?
California, United States of America
Is a plaintiff’s mental health impairment a contributory factor in determining whether she is entitled to compensation for cleaning services provided to her client?
British Columbia, Canada
What are the implications of the US Supreme Court ruling in a civil case involving police officers entering a house in hot pursuit?
MultiRegion, United States of America
Can counsel avoid the issue of putting their opinions in the mouth of another witness?
Canada (Federal), Canada
In what circumstances will a court dismiss an action brought by a plaintiff alleging an unsafe ramp at a residential complex?
Ontario, Canada
Is the business plan factor considered germane to herd determination?
Canada (Federal), Canada
What is the test for a finding of an unreasonable risk of danger for an abuse of the law?
California, United States of America
What are the factors used to determine whether a defendant was under the influence of drugs at the time of the murders?
California, United States of America
Does the 9th Circuit have jurisdiction to review a discretionary decision not to depart downward?
MultiRegion, United States of America
Does the headnote in an affidavit need to include “A Commissioner, etc.” in the jurat?
Saskatchewan, Canada
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint?
California, United States of America
Does the general rule of forfeiture apply to property that was seized by mistake?
California, United States of America
What are the costs of a summary judgment application?
Alberta, Canada
What is the test for replacement counsel in a personal injury case?
California, United States of America
Is a promissory note presumptively issued for consideration?
Ontario, Canada
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the test for a motion to replace a defense counsel at trial?
California, United States of America
Is implied malice implied in a charge of attempted murder?
California, United States of America
Does a judge have jurisdiction over the subject matter or appellant?
California, United States of America
What is the test for an order for counsel fees in an action to annul a marriage?
"New York", United States of America
How have courts dealt with the issue of gang-related violence?
California, United States of America
Does the Double Jeopardy Clause preclude a defendant from a retrial if the evidence is insufficient to support his claim?
California, United States of America
What is the source of the right of interstate travel under the privileges and immunities clause?
California, United States of America
What is the scope of our review of a district court's decision to approve a class action settlement?
MultiRegion, United States of America
Is there a conspiracy to commit a crime under the Immigration and Border Protection Act?
MultiRegion, United States of America
Can a lawyer waive solicitor client privilege in a trial?
Ontario, Canada
What are the legal principles governing spousal support?
Nova Scotia, Canada
In what circumstances would the jury have reached a different verdict if the prosecutor had asked an improper question in cross-examination?
California, United States of America
What is sufficient evidence to prove a conspiracy to commit a crime?
California, United States of America
What is the test for allegations of personal bias against a federal judge?
federal, United States of America
What is the difference between a criminal and a civil habeas?
MultiRegion, United States of America
Does a jury need to be instructed on unanimity as to the criminal course of conduct?
California, United States of America
What is the current state of the law on the issue of legal custody?
Saskatchewan, Canada
What is the test for ineffective assistance in a personal injury case?
California, United States of America
Is a defendant's presence at the scene of the crime "sufficient as direct evidence to support a conviction for aiding and abetting"?
California, United States of America
Can a defendant who testifies before a jury be impeached with a prior conviction of any felony evincing moral turpitude?
California, United States of America
Does the statute of limitations apply to a motion for judgment notwithstanding the verdict?
California, United States of America
Can an attorney be held liable for failing to disclose material information in a prospectus?
MultiRegion, United States of America
Does a defendant have to be held liable for violating a plaintiff's constitutional rights under section 1983 of the 1983 Civil Procedure Act?
MultiRegion, United States of America
Can a prosecutor's comment that malingering is a myth be used to denigrate defense counsel personally?
California, United States of America
What is the test for malice in a civil action brought by a plaintiff against the Local Defence Association?
Ontario, Canada
What is the state of the law for the prosecution to misstate the law and burden of proof in their closing argument?
California, United States of America
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation?
California, United States of America
