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 burden of establishing standing in a motion to suppress evidence?
"New York", United States of America
What is the reasonableness factor in determining whether a plaintiff would have accepted an offer to settle?
British Columbia, Canada
What is the test for discovery of confidential personnel records of a peace officer accused of misconduct against a defendant?
California, United States of America
What is the effect of the judgment against defendant in his personal injury case?
California, United States of America
In what circumstances will the Court consider a challenge to the sufficiency of the evidence supporting the conviction of a defendant?
California, United States of America
What is the test for a jury to consider whether a charge is a lesser included crime?
California, United States of America
What is the range of damages under the ONCA?
Ontario, Canada
Does a defendant have to be impeached for a previous conviction for burglary?
California, United States of America
What is the test for determining whether a defendant is dangerous to public safety under section 1170.126 of the California Criminal Code?
California, United States of America
What is the test for establishing that continued possession of DNA without a search warrant violates the Fourth Amendment?
MultiRegion, United States of America
Does the Estate of Yehuda's Estate have to prove that there is a likelihood that the Estate will be able to claim severance?
Ontario, Canada
What is the test for calculating a jury's verdict in a motor vehicle accident case?
California, United States of America
Can a plaintiff rely on equitable tolling if they were served with default judgment before the class action commenced?
MultiRegion, United States of America
Is a previous Divorce voidable?
British Columbia, Canada
What is the test for a stay of an anti-SLAPP motion?
MultiRegion, United States of America
What is the test for establishing personal or subject matter jurisdiction in an action?
California, United States of America
What are the factors for determining the appropriate compensation for pain, suffering, loss of enjoyment of life and loss of amenities?
British Columbia, Canada
What is the burden of establishing that a particular punishment is cruel and unusual?
California, United States of America
What are the principles of fundamental justice?
Nova Scotia, Canada
In what circumstances will the US Supreme Court strike down the death penalty as unconstitutional?
MultiRegion, United States of America
What is the legal test for removing an accused from a trial?
New Brunswick, Canada
What is a reasonable restriction on the possession of cats?
California, United States of America
Is a statement of claim struck and dismissed?
Ontario, Canada
What is the test for obtaining consent for a warrantless search?
California, United States of America
Are there any cases where assets were removed from a company in which the wife was a shareholder and transferred to other entities beyond her control?
British Columbia, Canada
What is the quantum of damages for defamation?
Alberta, Canada
Is a wrongful death a cause of action for personal injury to the beneficiary of the action?
"New York", United States of America
What is the test for determining a fair global amount to be paid?
Ontario, Canada
How have the courts dealt with allegations of assault, battery and false imprisonment against County Defendants?
California, United States of America
What is the test for instructing a jury on a lesser crime?
California, United States of America
What is the current state of the law on “fresh” evidence?
British Columbia, Canada
Is a convicted sex offender entitled to probation for a non-forcible lewd conduct conviction?
California, United States of America
What is probable cause for a malicious prosecution action?
California, United States of America
In a coram nobis petition, what is the test for a defense counsel to avoid a judgment of dismissal without prejudice?
California, United States of America
In what circumstances will counsel counsel raise the issue of race discrimination against a prosecutor in a civil case?
California, United States of America
What is a seizure when a police officer stops a person from leaving the scene?
California, United States of America
What are the implications of the Attorney General’s position on constitutional pronouncements?
British Columbia, Canada
What is the test for reasonableness in a review of a discretionary policy?
Canada (Federal), Canada
Can a jury continue to ask for particulars of its findings?
Ontario, Canada
Does a joint custody order need to be made?
Ontario, Canada
What is the test for a motion to dismiss?
California, United States of America
How does rule 16 of the Rules of Civil Procedure apply to summary judgment?
Ontario, Canada
What is the test for a judge to be found guilty of wilful misconduct?
California, United States of America
What is the standard of care for gratuitous bailees?
Ontario, Canada
What is the standard for review of a district court's determination that it lacks subject matter jurisdiction?
MultiRegion, United States of America
What is the test for establishing that the parties' intent was in breach of contract?
California, United States of America
What is the threshold requirement for an individual to prove they are suffering from chronic pain?
MultiRegion, United States of America
What are the elements of a sexual assault claim?
California, United States of America
What are the factors to be considered by the court on a motion arising out of a failure to comply with a peremptory order?
Ontario, Canada
Does section 654, subdivision (a) of the California Criminal Code apply to a single offender?
California, United States of America
What is relevant evidence in a personal injury action?
California, United States of America
How much is a person required to put up with some inconvenience?
British Columbia, Canada
Does a prior "strike" need to be struck for sentencing purposes?
California, United States of America
Can a prosecutor improperly influence a grand jury by making prejudicial remarks to the grand jury?
MultiRegion, United States of America
What authority does a district attorney have to bring criminal charges in a civil case?
California, United States of America
What is the test for an anti-SLAPP motion?
California, United States of America
Can a juror be removed from a jury for failing to follow their instructions?
California, United States of America
What is the test for determining whether an error in a federal statute is harmless?
MultiRegion, United States of America
What is the effect of the old rule of probable cause on contributory negligence?
California, United States of America
Does section 654, subdivision (a) of the California Criminal Code apply?
California, United States of America
What is the relevant case law in the context of sexual assault cases?
California, United States of America
What is the test for a claim of ineffective assistance in a habeas corpus petition based on information found in a police report?
California, United States of America
What is the standard of review applied on a challenge to the sufficiency of the evidence of an enhancement?
California, United States of America
What is the standard of review for an inference of fact?
British Columbia, Canada
What is the proper basis for a sanction based on attorney fees incurred to combat improper pleading?
MultiRegion, United States of America
What is the effect of a temporary order to stabilise the parties?
Ontario, Canada
How has the substantial evidence test been applied in civil cases?
California, United States of America
Is impairment or loss of ability to do work within the home compensable as a pecuniary loss?
British Columbia, Canada
Is it harmless error to admit that there is evidence that supports that a defendant is guilty of sexual assault?
MultiRegion, United States of America
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
Is a good faith effort required to locate a witness?
MultiRegion, United States of America
Can a plaintiff in a personal injury action obtain funds of a surety which had been paid into court and have to be paid to the bank?
British Columbia, Canada
Does a prisoner have a justifiable expectation that he will be incarcerated in any particular state?
MultiRegion, United States of America
What is the test of the rule of lenity?
MultiRegion, United States of America
Can a criminal appeal be appealed from a final judgment of conviction?
California, United States of America
What is the test for abuse of power when there is no record of what happened at the hearing?
California, United States of America
How have courts interpreted pension legislation in the context of pension legislation?
MultiRegion, United States of America
How has the court calculated the child’s expenses when the child is at university?
Ontario, Canada
What is the limitation of a defendant's right to possess a firearm under section 1203.1 of the California Penal Code?
California, United States of America
What is the test for disposition under Rule 18A in a motor vehicle accident case?
British Columbia, Canada
What is the test for establishing entitlement to a lien?
British Columbia, Canada
What constitutes a course of conduct under the stalking statute?
"New York", United States of America
What is the standard of review in a criminal case where the prosecution relied primarily on circumstantial evidence?
California, United States of America
In what circumstances will a judge issue a warrant under subrule 60.11(4) to bring a debtor before the court?
Ontario, Canada
What is the test for making a prima facie showing in a discrimination case?
MultiRegion, United States of America
Can a fiduciary relationship between two individuals be considered ad hoc?
Ontario, Canada
When a party challenges a court's evidentiary ruling, what is the standard of review?
California, United States of America
What are the consequences of a plea of guilty?
California, United States of America
Is there immunity for prosecutors who falsify evidence?
MultiRegion, United States of America
What are the implications of a motion judge’s decision in a defamation case?
Ontario, Canada
What is the test for disproving a tax assessment?
British Columbia, Canada
Is a violation of section 192 of the California Penal Code a "wobbler" or a felony?
California, United States of America
Can a jury follow instructions in a civil case?
California, United States of America
When information not placed in evidence reaches the jury during its deliberations, is a defendant entitled to a new trial?
MultiRegion, United States of America
What is the test for establishing that a statute is rational basis for its rational basis?
California, United States of America
What is the legal test for a hybrid term?
Canada (Federal), Canada
Is there any case law where an error was found to be harmless under either standard or standard?
California, United States of America
What is the test for bringing a challenge to the interpretation or application of legislation?
Nova Scotia, Canada
On what grounds will a plaintiff be able to make a constitutional claim against the federal government on the basis of statutory basis?
MultiRegion, United States of America
What is the current state of the law on tort recovery for wrongful death of a fetus in utero?
MultiRegion, United States of America
What is the test for determining whether a motor vehicle accident was reasonably foreseeable?
California, United States of America
What is the implied duty of good faith in contract law in Canada?
Ontario, Canada
What is the burden of proving that the identification procedure was unduly suggestive and unfair?
California, United States of America
What type of change is sufficient to change a custody order?
Ontario, Canada
Is the preamble to a contract binding?
Ontario, Canada
What is the test for a finding of domestic abuse?
California, United States of America
What is the test for a partial or total intestacy in a will?
British Columbia, Canada
Can a plaintiff recover the entire loss from a company pension plan if the company pension is not indemnified as a result of the accident?
Ontario, Canada
Can collateral benefits be deducted from a plaintiff's claim?
Nova Scotia, Canada
What is the limitation on an excessive rent claim?
California, United States of America
What constitutes a significant change in child support payable by a party?
British Columbia, Canada
What is the test for whether the statute of common law sexual assault does not run?
Nova Scotia, Canada
What is the effect of a judge's decision to strike down the living on the avails and communicating provisions of the Criminal Code?
Ontario, Canada
What is the test for a claim of discretionary sentencing error in a criminal case?
California, United States of America
What is the test for reopening a criminal matter for the admission of additional evidence?
California, United States of America
Does the trial court err in failing to instruct the jury that provocation was not sufficient to constitute a voluntary manslaughter?
California, United States of America
Can a failure to advise a party about their apparent eligibility to apply for Section V benefits be excused?
MultiRegion, United States of America
In what circumstances will a plaintiff be liable under section 14 of the California Civil Code for damages caused by a piece of rock that has fallen on to the ground?
California, United States of America
What is the impact of a federal employee's "discretionary actions" in a federal disaster relief claim?
MultiRegion, United States of America
What is the difference between a two-year-old child and his father's driving time?
New Brunswick, Canada
What is the test for a criminal judgment under Section 523(a)(9) of the Motor Vehicle Accident Act?
federal, United States of America
Does the Sixth Amendment apply to a defendant who has been charged with a similar crime?
California, United States of America
What constitutes a "hostile" witness?
Ontario, Canada
Can a creditor bring an application for oppression remedy as a complainant?
Ontario, Canada
How do courts interpret section 7 of the California Civil Code when there is statutory ambiguity?
California, United States of America
Under what circumstances will a defendant waive his right to be present at trial?
California, United States of America
What is the test for establishing the element of causation?
California, United States of America
Does the trial court erred by admitting statements by a minor regarding his knowledge of right and wrong that were obtained in violation of Miranda v. Arizona?
California, United States of America
Can a director or officer of a corporation be a supplier under the BPCPA?
British Columbia, Canada
What is the evidentiary test required for an interim order to suspend or impose limits on practice?
British Columbia, Canada
Does the doctrine of abuse of review or de novo review apply?
MultiRegion, United States of America
What is the test for determining whether a person stands in the place of a parent within the meaning of the Divorce Act?
Saskatchewan, Canada
What are the relevant factors to determine whether a court has jurisdiction to hear a claim in a personal injury case?
British Columbia, Canada
What is the test for an application to obtain an interim loan from a family member without an obligation to repay?
Ontario, Canada
What is the test for a warrantless search condition of probation?
California, United States of America
What is the test for establishing exclusive possession of a property on one or two grounds?
New Brunswick, Canada
Does section 667, subdivision 6(c)(6) of the Three Strikes Act require consecutive sentences for a defendant convicted of more than one felony?
California, United States of America
In what circumstances have courts dealt with the theft of mail by a postal worker?
MultiRegion, United States of America
How do courts treat a motion to remove a person from a house where they are no longer in possession of the property?
MultiRegion, United States of America
Is there any case law supporting the assertion of privileged information?
Ontario, Canada
What is the effect of the probation search condition on a search warrant?
California, United States of America
What is the test for admissibility of an Affidavit of Documents?
Ontario, Canada
What is the test for determining whether a defendant is competent to assist in his own defense?
California, United States of America
Does abuse of review apply in cases involving abuse of abuse of power?
MultiRegion, United States of America
Is a breath demand written by a police officer not an official sanctioned wording for breath demands?
British Columbia, Canada
What are the elements for the crime of conspiracy?
California, United States of America
What is the thin skull doctrine and what is the crumbling skull doctrine?
Alberta, Canada
Is a person who is both a guiding spirit of a corporation and an employee of that same corporation entitled to be paid severance pay?
Canada (Federal), Canada
Is a police officer entitled to qualified immunity from liability for damages for deprivation of an individual's civil rights?
MultiRegion, United States of America
Is a plaintiff entitled to a claim of alternate liability in a motor vehicle accident?
MultiRegion, United States of America
What is the test for a judge to order that an appellant be released from custody pending appeal?
Newfoundland and Labrador, Canada
How has the common law felony-murder doctrine been interpreted?
California, United States of America
Can a convicted burglar receive a concurrent sentence for both the crime and the felony objective or target of the crime?
California, United States of America
What constitutes a "necessarily included lesser" crime?
California, United States of America
What is the effect of removing the trustees and replacing them with an estate trustee during litigation?
Ontario, Canada
When a minor alleges that she was in possession of a stolen Raptor Raptor when the Raptor was stolen, does the minor have to prove that she knew it was stolen?
California, United States of America
Does a manufacturer's refusal to deal with a distributor or dealer violate the antitrust laws?
MultiRegion, United States of America
What is the evidence in favour of a jury trial finding that a nurse who sued a doctor for medical malpractice has been successful in her claim?
California, United States of America
What is the test for determining whether a defendant's mental state has changed?
California, United States of America
Does a lack of independent legal advice invalidate a settlement agreement?
British Columbia, Canada
Does wrongful demotion constitute a cause of action for constructive discharge?
MultiRegion, United States of America
What factors are considered in determining whether to defer a motion in a personal injury case?
Ontario, Canada
Is a defendant entitled to a portion of his SCBC pension entitlement?
British Columbia, Canada
In what circumstances will a defendant respond to an allegation of sexual assault?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for disclosure of personal information?
Manitoba, Canada
What is the test for a motion to declare a mistrial?
British Columbia, Canada
What is the test for discrimination in the context of class B discrimination?
Ontario, Canada
Does the trial court err in refusing to provide the juror addresses and telephone numbers?
California, United States of America
Is there a serious possibility that there was a "serious possibility" of an error in the recording of an application for judicial review?
Canada (Federal), Canada
Is a complaint-driven maintenance regime a policy decision?
British Columbia, Canada
What is the test for a search warrant?
California, United States of America
What is the test for accepting the reasonable and the unreasonable conclusions when considering circumstantial evidence in a murder trial?
California, United States of America
What is the test for admitting "testimonial" evidence in a criminal case?
California, United States of America
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right?
Saskatchewan, Canada
Can a court imply a term in the nature of a non-competition clause?
Ontario, Canada
Is a jury instruction misstated the elements of a crime in relation to the use of a firearm?
MultiRegion, United States of America
Can polygraph evidence be used in criminal cases?
California, United States of America
Is it an abuse of discretion to refuse to consider a section 995 motion before trial?
California, United States of America
How have the courts dealt with a motion to dismiss?
California, United States of America
What is the test for admitting or denying a witness testimony in a civil case?
California, United States of America
What is the role of this court on an application for review an order of a judge in chambers?
British Columbia, Canada
Is a prosecutor improperly disparaging defense counsel by calling the defense's hiding the evidence theory a red herring?
California, United States of America
What is prejudice against a defendant in a civil case?
California, United States of America
What is the test for alleging racial discrimination under the BC Human Rights Code?
British Columbia, Canada
What is the test for liability in electronic eavesdropping cases?
California, United States of America
What is the test for preparing for a crime?
California, United States of America
What is the state of the law on municipal police misconduct?
MultiRegion, United States of America
Does the absence of independent legal advice in a separation agreement constitute a breach of contract?
Ontario, Canada
Does section 190.2(a)(2) of the California Criminal Code require a separate multiple-murder special circumstance to be attached to each murder conviction sustained in the capital case?
California, United States of America
Does a conviction for first degree burglary qualify as second degree burglary?
California, United States of America
What is the current state of the law in relation to the prosecution of a defendant in the Mendez-Rodriguez case?
MultiRegion, United States of America
What is the legal test for the sufficiency of evidence to support a conviction?
California, United States of America
What role does the Court of Appeal have in determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for consent in a forcible rape case?
California, United States of America
What is the test for subpoenaing a witness in a sexual assault case?
California, United States of America
What are some of the most recent decisions in the history of California Superior Court?
California, United States of America
What is the test for misconduct in a criminal case when a defendant is convicted of assault by reason of gross negligence due to comments made by a prosecutor during the trial?
MultiRegion, United States of America
What is the test for a claim against a contractor who has failed to complete the work?
Alberta, Canada
Is there any case law where a defendant made a motion to amend the pretrial order?
California, United States of America
