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 standard of review for a finding of bias established by a court?
California, United States of America
What is a sur-reply?
British Columbia, Canada
What is a defendant's right to present his own defence in a civil trial?
California, United States of America
What constitutes deliberate indifference to medical needs for a prisoner?
MultiRegion, United States of America
Is appellant entitled to have her conviction for unlawful acquisition of credit card information reduced to a misdemeanor shoplifting conviction?
California, United States of America
Does section 845.3 of the California Fire Protection Act, section 850.4, grant absolute immunity to a police officer for failing to provide adequate fire protection services?
California, United States of America
How have the courts applied the proper standard of materiality in a case where a plaintiff had a good chance of surviving in a motor vehicle accident?
California, United States of America
What is the test for credibility in soft tissue injuries?
British Columbia, Canada
Is pandering a "one act" crime?
California, United States of America
What are the essential elements of unlawful possession of a controlled substance?
California, United States of America
What are the grounds for appeal against a conviction for attempted criminal threats?
California, United States of America
What are the reasons for dismissing a motion for failure to exhaust?
MultiRegion, United States of America
What is the threshold for making an order under Rule 75.06?
Ontario, Canada
How has the court interpreted the rule of law in cross-examination?
MultiRegion, United States of America
What is the standard of review applied by the reviewing judge in an administrative law case?
Alberta, Canada
Is a condominium corporation a form of micro-community in which the residents participate in a social contract?
Ontario, Canada
What is the test for reversal of a verdict in a personal injury case?
California, United States of America
What is the definition of gross negligence in a medical malpractice case?
Canada (Federal), Canada
What is the test for striking an amended complaint?
California, United States of America
What are the elements of vicarious liability under s. 192(2) of the Highway Traffic Act?
Ontario, Canada
What is the test for appeal from a dismissal of a complaint pursuant to Rule 12(b)(6) de novo?
MultiRegion, United States of America
Does a court have a duty to define technical terms that have meanings peculiar to the law?
California, United States of America
What is the test for filing an administrative claim under section 2401 of the Federal Tort Claims Act?
MultiRegion, United States of America
If a judgment is affirmed on a motion to strike, can a defendant recover attorney's fees and costs?
California, United States of America
How are future income loss awards calculated based on a single year salary?
British Columbia, Canada
What are the reasons for moving a mother's home?
Yukon, Canada
Is a therapist liable for failing to warn a potential victim of a threat made to the potential victim by a therapist's patient?
California, United States of America
What are the public interest factors used to determine whether to grant a motion in a civil matter?
MultiRegion, United States of America
Can a provincial superior court grant certiorari in aid of habeas corpus?
British Columbia, Canada
Is there any error in the way the jury was instructed to interpret the word "unlawful" rather than "attempted"?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Does the investigative purpose rule apply when a witness gives evidence in a witness statement?
"New York", United States of America
Does the sham affidavit rule have any effect?
MultiRegion, United States of America
What is relevant evidence in a civil case?
California, United States of America
What is the test for filing a second amended complaint in a personal injury case?
MultiRegion, United States of America
What is the test for conducting a de novo review of the law in the context of the Indian Supreme Court?
California, United States of America
Is qualified rather than absolute immunity sufficient to protect a government official from prosecution?
MultiRegion, United States of America
What is the testator’s right heirs?
Ontario, Canada
Is there any case law where a jury has been instructed to find that a mere presence was a factor in the finding of aiding and abetting?
MultiRegion, United States of America
What are the implications of a bench trial in a personal injury case?
MultiRegion, United States of America
What is substantial evidence in the context of an administrative review?
MultiRegion, United States of America
What is the test for conversion of property?
Saskatchewan, Canada
What is the test for review of a decision by the California Board of Supervisors not to grant a variance?
California, United States of America
Can a court seal juror identifying information after a jury has returned a verdict?
California, United States of America
What is the limitation of the ability of the petitioner to articulate his claims pro se?
MultiRegion, United States of America
How have the courts interpreted a search warrant?
MultiRegion, United States of America
What is the test for reducing a sentence under section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
What is the current state of the law in the context of the Federal Communications Commission?
California, United States of America
How has the exclusion of evidence in a sexual assault case been interpreted?
California, United States of America
What is the current state of the law in the context of search and seizure cases?
Ontario, Canada
Does nonjudicial foreclosure seek to collect money from the debtor?
California, United States of America
What is the test for a challenge to the validity of a statute or ordinance?
California, United States of America
What is the objective and objective components of an Eighth Amendment claim?
MultiRegion, United States of America
What is a culpable lack of awareness of the risk involved in a motor vehicle accident?
California, United States of America
Can the court give a jury an aiding and abetting instruction?
California, United States of America
What is the test for establishing an agency as a matter of law?
California, United States of America
What is the impact of the credibility of two witnesses to a Rule 33 motion?
MultiRegion, United States of America
Does a bankruptcy judge have jurisdiction to deny a debtor's exemption?
federal, United States of America
What is the test for reversal of a verdict of guilty on a charge of contributing to the delinquency of a child?
California, United States of America
What is the test for credibility in medical malpractice cases?
California, United States of America
Does a foreclosure constitute irreparable harm?
MultiRegion, United States of America
What is the test for wilful conduct in a claim for wrongful dismissal?
Canada (Federal), Canada
In a motor vehicle accident where a bee flew into the vehicle, landed on the driver's stomach and he froze, can the driver be found to have been negligent?
British Columbia, Canada
Can a decision-making exercise be applied to an application for adjournment?
British Columbia, Canada
What is the test for just cause in employment law?
Canada (Federal), Canada
What is the test for an order of special costs?
British Columbia, Canada
Can an affidavit be considered in a search warrant?
California, United States of America
What is the test for trustworthiness of statements made by an in-court witness?
California, United States of America
What is the current state of the law on adverse findings of credibility?
Canada (Federal), Canada
What is the test to determine whether a defendant aided and abetted a crime?
California, United States of America
Is DNA evidence sufficient to invalidate a burglary conviction?
California, United States of America
Is a jury required to produce a written finding of aggravating and mitigating factors?
California, United States of America
What is the effect of a direct or indirect comment by a prosecutor on a defendant's failure to testify on his or her own behalf?
California, United States of America
What is the test for a warrant to search a house at night?
California, United States of America
Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror?
California, United States of America
Does a jury have to re-deliberate an instruction of restitution for breach of warranty under section 619.19 of the California Code of Civil Procedure?
California, United States of America
What is the test for invoking Rule 244.1?
Alberta, Canada
What is the standard of review for a decision under review?
British Columbia, Canada
What is the scope of the federal government's obligations under the Federal Trade Commission Act?
MultiRegion, United States of America
Can an appellant argue that the lower court erred and leave it to the appellate court?
California, United States of America
What is the test for invalid transfer of land?
Saskatchewan, Canada
What is a driver's duty to render necessary assistance at the scene of a motor vehicle accident?
California, United States of America
Can a plaintiff assert the rights of absent third parties?
MultiRegion, United States of America
In what circumstances will a court admit a statement made by a witness in a medical malpractice case?
California, United States of America
Is a dog a family member or a property?
British Columbia, Canada
Does a vendor have to rescind the terms of a contract when the vendor has terminated the contract?
Saskatchewan, Canada
What is the test for making a threat under section 422 of the California Criminal Code?
California, United States of America
Can defense counsel object to an order for an attorney fee on appeal?
California, United States of America
Does not need to determine whether there was substantial evidence in support of defendant's unconsciousness defense?
California, United States of America
What is the test for a motion for reconsideration of a final order in a habeas petition?
MultiRegion, United States of America
What is the legal test for establishing probable cause in a search warrant application based on unverified information from an untested or unreliable informant?
California, United States of America
What is the burden of a plaintiff's burden to amend her Complaint and what is the effect of that amendment?
California, United States of America
What is the test for a waiver of a constitutional right?
MultiRegion, United States of America
Does the Attorney General have the authority to raise the hearsay exception?
California, United States of America
What is the test for assessing damages for breach of trust?
British Columbia, Canada
How have police obtained consent to search a woman's home for methamphetamine?
California, United States of America
What is the effect of not speaking to your parents for some years after the death of your father?
Ontario, Canada
Does a defendant waive his right to plead guilty to assault?
California, United States of America
What are the factors used to determine whether a claim for reimbursement of child support is successful?
New Brunswick, Canada
Can a landlord be held liable for failing to prevent a violent crime?
California, United States of America
What is the burden of an attorney who acts on behalf of a client in a personal injury case?
California, United States of America
How have the courts treated statements made by the father of a witness in a criminal case?
MultiRegion, United States of America
What is the test for reasonable search of a cigarette pack?
California, United States of America
What constitutes prejudicial misconduct in a criminal case?
California, United States of America
What is the legal test to enforce an enforceable order from the National Licensing Board of Arbitration for Review Officers?
federal, United States of America
What is the determinative term for premeditated murder and firearm enhancement resulting in death?
California, United States of America
Is Defendant's attorney required to file a supplemental brief on appeal?
California, United States of America
What is the test for determining whether a statute creates a private cause of action?
California, United States of America
How have courts dealt with allegations that a defendant admitted taking a can of paint?
California, United States of America
In what circumstances will the court order a reduction in child support arrears?
British Columbia, Canada
How have courts interpreted the implied undertaking in questioning in other child welfare cases?
Alberta, Canada
Is Orozco's claim that he was subjected to a forcible digital rectal search by prison guards in violation of his Fourth Amendment rights?
MultiRegion, United States of America
What factors are relevant to the failure of a defendant to attend trial?
California, United States of America
What is the test for a parent of a deceased child to sue the police for interfering with the relationship?
MultiRegion, United States of America
Does a district court's jury instructions correctly state the elements of a crime?
MultiRegion, United States of America
How has the court treated a dispute between a husband and wife over the ownership of a dog?
Newfoundland and Labrador, Canada
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 with respect to the integrity of transfer documents?
British Columbia, Canada
How is liability imputed to a third party lessor in a workers' compensation action?
California, United States of America
What is the impact of relaxed standing rules on judicial resources?
Canada (Federal), Canada
How have courts marshaled the elements of the sexual assault statute in the conjunctive?
"New York", United States of America
What is the burden of causation against a plaintiff who has not followed a recommended course of medical treatment?
British Columbia, Canada
What is the standard of review on an application of an application to dismiss an appeal?
British Columbia, Canada
Is there a sufficient answer to the attack on the award of attorney fees for Page 596?
California, United States of America
How have the courts in BC dealt with the case of subarachnoid haemorrhage?
British Columbia, Canada
What are the Miracle Feeds factors?
British Columbia, Canada
Is an accessory to a crime defined as a principal or a principal?
California, United States of America
What is the test for making a claim against a defendant for excessive damages?
California, United States of America
Does the Court of Appeal have jurisdiction to determine judicial bias on appeal?
California, United States of America
What is the test for just cause in a wrongful dismissal action?
British Columbia, Canada
Can a plaintiff make a due process claim based upon the revocation or denial of a raffle permit?
MultiRegion, United States of America
Does solicitor's privilege have to give way to disclosure?
British Columbia, Canada
What are the elements of the duress defence?
MultiRegion, United States of America
What is the independent source exception in cases where police stumble upon evidence while engaging in an unlawful search or entry?
MultiRegion, United States of America
What is the test for establishing a "domicile" in a new home?
MultiRegion, United States of America
In what circumstances will the exclusionary rule of search and seizure be used to justify a search without a warrant?
California, United States of America
If a plaintiff delays filing a second claim until the statute on that first claim has nearly run, would that delay be considered unreasonable?
California, United States of America
Can a prosecutor make assurances regarding the apparent reliability of a witness?
California, United States of America
What is the process for hearing a personal injury claim at the BC SPCA?
British Columbia, Canada
What is the test for denying a motion to frisk a defendant in a civil case?
California, United States of America
What is the test for the presumption of advancement in a transfer of assets?
British Columbia, Canada
What is the burden of proof against a party who is not the party asserting the claim?
California, United States of America
What is the current state of the law on discrimination against a particular social group?
MultiRegion, United States of America
What is the test for appeal from an order granting a new trial?
California, United States of America
What is the test for federal habeas?
MultiRegion, United States of America
What is the test for establishing evidence of third party culpability in a criminal case?
California, United States of America
Can a motion to disqualify a judge be made based on the judge's views on legal issues?
MultiRegion, United States of America
In what circumstances will a warrant be invalid for the seizure of a person's car?
California, United States of America
Does questioning by the police constitute interrogation?
MultiRegion, United States of America
What is the test for a search of a vehicle in a motor vehicle search?
California, United States of America
What is the test for establishing that evidence of motive or opportunity to commit a crime in another person?
California, United States of America
What is the difference between professional judgment and personal injury?
California, United States of America
Is a court's discretionary decision not to dismiss or strike a sentencing enhancement under section 1385 subject to review?
California, United States of America
What are the factors used by the courts to determine custody of a child where the child is being moved?
British Columbia, Canada
Can a panel review the sufficiency of the evidence only for plain error?
MultiRegion, United States of America
What is the state of the mental state of a defendant in a murder case?
California, United States of America
Is possession of a firearm by gang members a crime?
California, United States of America
What is sufficient evidence to infer defendant had the specific intent to promote, further or assist in any criminal conduct by gang members?
California, United States of America
What is the current state of the law on disclosure of material risks?
New Brunswick, Canada
What is the test for damages for malicious prosecution?
Ontario, Canada
What are the elements of intentional infliction of emotional distress?
California, United States of America
Does a prisoner have a general 'right of access' to the courts in civil cases?
California, United States of America
What is the test for determining the amount that is fair to a plaintiff in a civil matter?
Ontario, Canada
Is there any case law where a jury could have found that the inducements of the government agents were not coercive enough to constitute entrapment?
MultiRegion, United States of America
What is the test for a claim that the trial court erred by instructing on inapplicable laws?
California, United States of America
What is the impact of a refusal to continue a case for abuse of power?
MultiRegion, United States of America
What is the test for determining whether an injunction is mandatory or prohibitory?
California, United States of America
Is a motion to dismiss for failure to exhaust nonjudicial remedies valid?
MultiRegion, United States of America
Does the government need to prove the identities of five supervised persons to establish that they are part of a continuing criminal enterprise?
MultiRegion, United States of America
What is the test for establishing a conflict of interest?
California, United States of America
When will a review court refuse to remand a defendant for mental health diversion?
California, United States of America
Does the federal government and the tribe intend that tribal law-enforcement officers possess and exercise power to enforce state law?
MultiRegion, United States of America
When a defendant forfeited his claim of jury misconduct by failing to produce juror information at the conclusion of a trial, can the jury be questioned post-verdict?
California, United States of America
What is the test for waiver of a defendant's right to seek placement in a mental health or drug treatment program?
California, United States of America
Does the Attorney General have any grounds to dismiss a claim of voir dire on an appeal based on race bias?
California, United States of America
Can a party withdraw their application and in effect dismiss the action?
California, United States of America
What is the test for foreseeability in a claim for negligence?
California, United States of America
What are the elements of a demurrer?
California, United States of America
What is the current state of the law in relation to personal tax issues?
Saskatchewan, Canada
Can an accomplice be convicted of a crime under section 1111 of the California Criminal Code?
California, United States of America
What is the test for the court to order a mother to pay child care costs where she works outside the home?
Ontario, Canada
What is the test for instructing a jury on voluntary manslaughter?
California, United States of America
What is the argument that an experienced trial judge is best qualified to determine attorney fees?
California, United States of America
What is the test for "clear and indisputable" right to obtain a writ of motion?
MultiRegion, United States of America
Does the Court have inherent jurisdiction to supervise the establishment and administration of charitable purpose trusts?
British Columbia, Canada
What are the implications of a magistrate judge's findings of law?
MultiRegion, United States of America
Is there an obligation of counsel to object to inadmissible evidence in a timely way?
Ontario, Canada
What is the test for establishing that a final judgment is conclusive as to the rights of the same parties in all subsequent actions?
California, United States of America
What is the scope of our search in the context of appellant's application for leave of execution?
California, United States of America
What is the burden of proving that a witness was coerced at trial?
California, United States of America
Does the definition of a serious crime apply to an attempt to commit a similar crime?
California, United States of America
What is the test for a retroactive reduction in child support and rescission of arrears?
British Columbia, Canada
When will a court order a reduction in the sentence of an appellant convicted of attempted robbery?
California, United States of America
What is the evidence supporting a finding of malice in a second degree murder case?
California, United States of America
Does a bailee have to return a bailor's property on demand?
British Columbia, Canada
What is the test for a judgment of acquittal or dismissal of an indictment?
MultiRegion, United States of America
What is the criteria used for determining whether there is sufficient humanitarian and compassionate grounds to grant special relief?
Canada (Federal), Canada
What is the defense of denying a defendant's right to suppress a confession obtained as a result of an illegal arrest?
California, United States of America
What is the test for an employee to sue their employer for breach of a covenant of good faith and fair dealing?
California, United States of America
What is the test for a jury to determine whether a defendant was responsible for the death of an inebriated man in a boating accident?
California, United States of America
