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 an appellant argue for the first time on appeal?
California, United States of America
What are the consequences of a wrong answer in a jury trial?
New Brunswick, Canada
What rights does a suspect waive during an interview?
California, United States of America
What are some examples of de novo review of a sentence under the supervised release statute?
MultiRegion, United States of America
What is the test for denying an evidentiary hearing for abuse of discretion?
MultiRegion, United States of America
Does the privilege against self-incrimination apply against a defendant who is left-handed?
California, United States of America
Does a cause of action accrue when a judgment has become final?
California, United States of America
Does a landlord have a right to withhold execution of a judgment for depriving a tenant of possession?
California, United States of America
Is a federal court's enhancement of sentence for a defendant's leadership role in a crime?
MultiRegion, United States of America
What is the test for tolling of the statute of limitations in a personal injury case?
MultiRegion, United States of America
Is a medical professional negligent if they fail to use the standard care, knowledge and care that other reasonably careful medical professional would use?
MultiRegion, United States of America
What is the test for construing a will?
Saskatchewan, Canada
What is the impact of the lack of formal record on disclosure at a hearing?
Ontario, Canada
What is a conflict in the context of aviation legislation?
Canada (Federal), Canada
What is the test for "instigates the perpetrator with the intent of encouraging or facilitating the commission of the crime"?
California, United States of America
Can a judge be disqualified for failing to attend a hearing?
California, United States of America
What authority does this court have to remand an action?
MultiRegion, United States of America
What is the effect of an unreasonable booking interview on a murder suspect?
California, United States of America
In what circumstances will a court overturn an agreement for the sale of a homestead made by an elderly father in good health and in possession of all his faculties?
Saskatchewan, Canada
What is the test for making a motion to dismiss or amend a complaint alleging that a party engaged in a fraudulent activity to deprive plaintiff of a constitutional right?
MultiRegion, United States of America
How have courts rejected the identical claim raised by defendant in a personal injury case?
California, United States of America
What is the test for a motion to vary spousal support?
Ontario, Canada
If a Will has been read over to or by a testator who appeared to understand it, is the Will valid?
Ontario, Canada
Is a misrepresentation made in the context of a pre-contractual agreement enforceable in tort?
Manitoba, Canada
Is a court's discretion to order restitution as a condition of probation invalid?
California, United States of America
How have the courts treated statements made by appellant in his post-arrest statement?
California, United States of America
Is there any case law where a jury reasonably could reasonably find that a murder victim had motive for the killing?
California, United States of America
Does the Court have jurisdiction to grant declaratory relief under the LMRDA?
MultiRegion, United States of America
What is the current state of the law in relation to search and seizure?
Canada (Federal), Canada
Does a failure to comply with a mandatory directory requirement render an election void?
California, United States of America
What is the range of factors used by the Court to determine whether a defendant has a mental health issue?
California, United States of America
What is the test for obtaining a default judgment in a personal injury case?
California, United States of America
What is the definition of "neglect" under the Elder Abuse Act?
California, United States of America
What is the test for an application to amend a motion where a defendant has been found guilty of gross negligence?
Saskatchewan, Canada
Does a gift over upon the daughter becoming a Roman Catholic or a sisterhood void?
Saskatchewan, Canada
How much independent proof is required to prove a crime?
California, United States of America
What is the test for a student who is unable to attend school because she is not eligible to do so?
California, United States of America
What is the standard for discharging a retained attorney?
California, United States of America
What is the duty of a surgeon to disclose to a patient that there are material risks in surgery?
British Columbia, Canada
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice?
California, United States of America
What is the Miranda Rule and what is the test for police to question a defendant alone?
MultiRegion, United States of America
What is the test for ineffective representation in an immigration proceeding?
MultiRegion, United States of America
What is the legal test for obtaining access to electronic communications between spouses?
British Columbia, Canada
What is the test for determining whether there is double jeopardy?
California, United States of America
What is the test for determining whether there is negligence in a motor vehicle accident?
California, United States of America
Can a judge before whom the matter is pending have a personal bias or prejudice against him?
MultiRegion, United States of America
Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest?
California, United States of America
What contribution should a child make to her own education?
Ontario, Canada
What is the test for making arguments for parties in a motion?
California, United States of America
Can a defendant who pleaded no contest to a charge of assault have an appeal against the sentence imposed on her?
California, United States of America
What is the test for proving past or future income loss?
British Columbia, Canada
What is the test for withdrawing a judicial admission?
Alberta, Canada
What is the test for ineffective assistance in a personal injury case?
California, United States of America
What is the current state of the law on sexual activity with minors?
MultiRegion, United States of America
What is the legal test for moral obligation in the context of the insanity defense?
California, United States of America
Does section 654 of the California Criminal Code apply to a rapist convicted of kidnapping?
California, United States of America
Is there any reason why a third party bank has not indorsed any of the cheques in order to process payment?
Ontario, Canada
How has the California Supreme Court interpreted the 'relative responsibility' provisions in relation to child protection legislation?
California, United States of America
What is the test for implied consent in a motor vehicle case where the vehicle was driven by a third party?
British Columbia, Canada
What is the test for reasonable detention under the Fourth Amendment?
California, United States of America
What is the test for imputing a spouse's income under the Employment Benefits Act?
Ontario, 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 test for a plaintiff to recover damages from the insured in a motor vehicle accident?
California, United States of America
How have the courts treated the issue of obtaining a permit to operate without a permit?
California, United States of America
Can a plaintiff exclude a report from an engineer on the basis that it is not relevant or necessary?
British Columbia, Canada
What is the proper test for proving causation in a motor vehicle accident?
California, United States of America
What is the burden of determining whether a claimant is disabled by the Commissioner of Public Prosecutions?
MultiRegion, United States of America
Can a jury agree on one theory of murder?
California, United States of America
Is a newly formulated constitutional rule to be applied retroactively or prospectively?
California, United States of America
What is the definition of a misdemeanor for driving while fleeing or attempting to elude a pursuing police officer?
California, United States of America
What is the test for overturning an evidentiary ruling?
MultiRegion, United States of America
What is the test for balancing the relevant competing interests of privacy and public interest?
British Columbia, Canada
What is the test for dismissing a habeas petition?
MultiRegion, United States of America
What is the test for a jury to convict a defendant in a sexual assault case?
California, United States of America
Are there any claims of error based upon failure to disclose material information?
California, United States of America
What is the burden of proving against a party opposing a debtor's discharge under Section 727(a)?
federal, United States of America
What constitutes deprivation of liberty without due process of law?
California, United States of America
What is the "intangible rights" theory?
MultiRegion, United States of America
How is the calculation of loss of future earning capacity calculated?
British Columbia, Canada
Does Cal.CALCRIM No. 301 instruct the jury the testimony of a single witness can prove any fact?
California, United States of America
What is the test for interpretation of the Employment Benefits Act?
Canada (Federal), Canada
Can a doctor rely on a nurse to take a patient’s temperature?
British Columbia, Canada
In a motion to suppress a search and seizure, what is the effect of the trial court's ruling on the motion?
California, United States of America
Can a fugitive be extradited to Canada and subject to Charter scrutiny?
Alberta, Canada
What is the test for a motion to compel a magistrate to reinstate a portion of a dismissed civil action?
California, United States of America
What is the test for making efforts to reunite siblings in the same home?
California, United States of America
Does section 1090 of the California Criminal Code apply to an independent contractor?
California, United States of America
Is there probable cause to arrest a suspect when "the facts available to the officers at the moment of the arrest would be reasonable caution"?
California, United States of America
What is the test for maintaining possession of a property in a good deed?
Nova Scotia, Canada
Does the death penalty have to be used as a deterrent to the crime of robbery?
California, United States of America
Can a plaintiff get relief for a Charter violation?
Ontario, Canada
Is a motion for recusal made to the judge being asked to recuse himself or herself?
Ontario, Canada
What is the discoverability principle that postpones the running of a statutory limitation period?
Ontario, Canada
How much pretrial conduct credit has been awarded to a defendant convicted of a violent felony?
California, United States of America
In what circumstances will a defendant be charged with making a statement to the police?
Saskatchewan, Canada
What is the test for personal infliction of great bodily injury under section 12022.7?
California, United States of America
What is the current state law in support of a defendant's claim that he committed crimes solely at the direction of his criminal street gang?
California, United States of America
What is the legal test for overturning a conviction where the evidence is based primarily on circumstantial evidence?
California, United States of America
What is the test for conspiracy to commit murder?
California, United States of America
Is an inmate eligible for resentencing under section 1170.126 of the California Criminal Code if he or she has a prior conviction for a similar offence?
California, United States of America
Can a defendant be found guilty of an attempted criminal threat?
California, United States of America
Can a plaintiff be accused of hoarding or abandoning her claim or sitting on her rights?
Saskatchewan, Canada
What is the test for a motion to set aside a sentence in a federal criminal case?
MultiRegion, United States of America
What is the test for a defendant to obtain a new trial based on newly discovered evidence?
California, United States of America
What is the test for determining the maximum amount of victim restitution in a sexual assault case?
California, United States of America
What is the test for determining whether a contract is ambiguous or ambiguous?
MultiRegion, United States of America
What is the test for obtaining a search warrant from a third party?
MultiRegion, United States of America
Is there an abuse of discretion by the trial court in deciding whether to uphold a conviction for driving without the owner's consent?
California, United States of America
Is a sentence of two years less one day substituted for the penitentiary term imposed by the sentencing judge?
Saskatchewan, Canada
Is it improper for the United States to notify Canadian authorities of the presence of a person wanted for criminal charges?
British Columbia, Canada
What is the test for a Rule 36 motion for clear error?
MultiRegion, United States of America
What is the test for spreading word or rumour?
Saskatchewan, Canada
What is the legal framework for determining the appropriate standard of review?
Newfoundland and Labrador, Canada
Can a juror be found guilty of misconduct for failing to follow their instructions in a jury trial?
MultiRegion, United States of America
Can a motor vehicle driver who is travelling at 110 kilometres per hour in a 90 kilometre per hour zone cause a collision with a moose?
British Columbia, Canada
How have the courts treated a charge of reckless driving in a motor vehicle case?
California, United States of America
What is the test for having standing in a motion to obtain injunctive relief to prevent the collection of a personal injury tax?
California, United States of America
Is there a close causal connection between negligence alleged and the harm caused?
British Columbia, Canada
Can a defendant bring a claim for damages against the trial counsel for failing to object to a sentence that would have preserved an error in sentencing?
California, United States of America
What is the test for rebutting the statutory presumption of indefeasibility?
British Columbia, Canada
What is sufficient evidence to convict a defendant of money laundering?
MultiRegion, United States of America
What is the test for overturning a judge's discretion in admitting evidence at trial?
California, United States of America
What is the test for self representation in a murder case?
California, United States of America
What is the test for determining whether a finding was prejudicial or resulted in a miscarriage of justice?
California, United States of America
What is the test for establishing that the owner of a property is not a party to the title of the property, and if so, what are the requirements?
Ontario, Canada
Does Section 1473.6 of the Criminal Code of Ontario have any legal basis to appeal against the conviction of a convicted criminal?
California, United States of America
What is the test for standing to challenge a search and seizure of a stolen vehicle?
California, United States of America
What is the test for a charge of evading a police officer?
California, United States of America
Does a prisoner have to allege that he was denied access to the courts?
MultiRegion, United States of America
Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
What is the test for recoverable costs in a personal injury action?
California, United States of America
What is the current state of the law on post-release supervision requirements for residential treatment?
"New York", United States of America
How do we review a search warrant?
MultiRegion, United States of America
Can a search or seizure be conducted for another purpose?
Ontario, Canada
Is it possible to amend the nature of a plaintiff's lawsuit by adding new unrelated claims in her amended complaint?
MultiRegion, United States of America
In what circumstances will a judge award a special costs award for an unsuccessful claim?
British Columbia, Canada
Does the Master have any deference or authority to an appeal?
Ontario, Canada
What factors are considered by the Court in deciding whether to award full custody to one or both of the parents?
British Columbia, Canada
Does a defendant who has pleaded guilty or no contest have the right to confront or cross-examine the victims at the restitution hearing?
California, United States of America
What is the timeline of events leading up to and after a federal district court granted a preliminary preliminary injunction and refused to stay its order?
MultiRegion, United States of America
Does a trial court's instructional error on the "natural and probable consequences" rule deny a defendant due process of law under the Fourteenth Amendment?
California, United States of America
What is the test for establishing a real and substantial connection?
British Columbia, Canada
Is a police officer investigating a crime immune from liability for negligent infliction of emotional distress?
California, United States of America
Does the Attorney General have an obligation to prevent the introduction of hearsay statements at trial?
California, United States of America
Is an off-duty police officer required to provide community-caretaking services to a pedestrian?
MultiRegion, United States of America
What is the test for a jury to disregard a prior murder conviction?
California, United States of America
Is the smell of contraband sufficient to establish probable cause?
MultiRegion, United States of America
What are the applicable legal principles relating to failure to mitigate?
British Columbia, Canada
Is a snow cloud a common product of reasonable snow plowing operations?
Yukon, Canada
What is the test for establishing that a criminal street gang is a "criminal street gang"?
California, United States of America
Does the trial court improperly rely on the age of the victim as a factor in determining the severity of the assault?
California, United States of America
Can a defendant appeal against his conviction under section 289, subdivision (i) and 288a, subdivision of the California Criminal Code?
California, United States of America
Can a union be sued in their own name?
Ontario, Canada
What is the meaning of a comment on the failure of a defendant to testify?
California, United States of America
What are the arguments for the error of law and the fresh evidence in the case?
Ontario, Canada
What are the terms and conditions set by the trial court for restitution in a sexual assault case?
California, United States of America
What is the test for a defense request to reopen a trial?
California, United States of America
Does a promise of leniency render a statement involuntary?
California, United States of America
Is a contractor entitled to attorney fees in a personal injury action?
California, United States of America
Does Rule 52(a) of the Civil Procedure apply to criminal proceedings?
MultiRegion, United States of America
In what circumstances will a defendant be able to deny a crime committed during his illegal detention?
MultiRegion, United States of America
When will a judge require a Custodial Parent to produce a budget for their child?
Ontario, Canada
What is the test for prejudicial evidence in a sexual assault case?
California, United States of America
What is the test for determining whether a plaintiff has a right under Section 1983 of the Constitution?
MultiRegion, United States of America
Is a federal district judge's determination on law in his state entitled to great weight on review?
MultiRegion, United States of America
Can a defendant waive his right to represent himself in court?
California, United States of America
Is there any impropriety in commencing a second action to avoid the effect of the Limitation Act?
British Columbia, Canada
What is the penalty for the revocation of a lawyer's licence?
Ontario, Canada
What is the test for a jury to find a defendant depraved indifference for driving the wrong way along the wrong side of the road?
"New York", United States of America
What is the test for establishing a fiduciary relationship between a physician and a patient?
British Columbia, Canada
How have courts considered concurrent sentencing in sentencing cases?
California, United States of America
In what circumstances will a court strike down a defamation claim against a government official for defaming a third party?
MultiRegion, United States of America
What is the test for an action brought by a plaintiff who alleges that he was sexually harassed and sexually harassed by another plaintiff?
California, United States of America
Does a prosecutor's statement about the presumption of innocence constitute a misstatement of the law?
California, United States of America
In what circumstances will a father have to pay more than the table amount of child support when the child is away at school?
Ontario, Canada
Does a defendant need to be identified as an "organizer, leader, manager or supervisor"?
MultiRegion, United States of America
In what circumstances will a court order an unsworn witness report to be extradited from the United States?
British Columbia, Canada
What is the burden of voluntarily absent from a trial?
California, United States of America
In what circumstances will a judge be found to have abused his position in a civil case?
California, United States of America
Is there a duty upon drivers and pedestrians alike to keep a proper lookout and take reasonable precautions in response to apparent potential hazards?
British Columbia, Canada
What is the test for determining whether a bankruptcy judge identified the correct legal rule to apply to a plaintiff?
federal, United States of America
What is the test for requiring someone to pay for services provided by a third party?
California, United States of America
Does a state regulation relating to the incidents of or prerequisites for marriage need to be reviewed in the context of marriage law?
MultiRegion, United States of America
Does the US Constitution bar the federal courts from intervening in the conduct of foreign relations?
MultiRegion, United States of America
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder?
California, United States of America
In what circumstances will the discovery of damages be excluded from the trial?
Canada (Federal), Canada
Is pimping a criminal offence if the underlying crime is a general intent crime?
California, United States of America
What is the effect of costs on a motion for personal injury?
Ontario, Canada
What is the judicial response to the question of admissibility of an expert opinion?
British Columbia, Canada
Does a claim of involuntariness under the Fifth Amendment have to include coercion?
California, United States of America
How has the Court considered the meaning of the word "fantastic"?
Ontario, Canada
What is the test for obtaining an Order to show cause in a personal injury case?
California, United States of America
How have the courts treated pre-trial identification of a bank robber?
MultiRegion, United States of America
What is the standard of care of a reasonably competent surgeon?
Alberta, Canada
Does a defendant have a right to appeal against their sentence?
California, United States of America
How have courts interpreted the "distinct possibility" standard in determining whether a claim can be denied?
MultiRegion, United States of America
What is the "good faith exception" to the exclusionary rule of search warrants?
California, United States of America
What is the difference between an independent contractor and an employee?
MultiRegion, United States of America
In a medical malpractice case, in what circumstances will a physician be permitted to restrict disclosure to a patient who may override his expert opinion?
California, United States of America
What is the effect of a judgment in favour of plaintiff's husband and the driver in her motor vehicle accident case?
California, United States of America
