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 test for a jury to convict a defendant of burglary?
California, United States of America
What is the balancing process between federal and state courts?
MultiRegion, United States of America
Can a defendant be found guilty of being an accessory after the fact for assisting in the shooting?
California, United States of America
Is there any evidence that a garnishment order is unnecessary, an abuse of process or that it creates undue hardship?
British Columbia, Canada
Can a firearms officer refuse to license a handgun because the applicant has become ineligible for licencing?
Ontario, Canada
What is the burden of a defendant challenging the sufficiency of the evidence underlying their conviction?
MultiRegion, United States of America
What is the effect of People v. Box on peremptory challenges to habeas corpus?
California, United States of America
Can a defendant appeal his conviction for shoplifting from an employee-only area of a retail store?
California, United States of America
How have the courts treated an objection to an order of arrest for an illegal immigrant held upon a warrant of deportation?
MultiRegion, United States of America
What is the burden of establishing entitlement to attorney fees?
California, United States of America
What is the true rule on detention based on a mere hunch?
California, United States of America
What is the test for a use of force against an inmate that violates the Eighth Amendment?
MultiRegion, United States of America
What is the test for admitting to a charge of making threats to kill a minor?
California, United States of America
What is the definition of a person of unsound mind under s.47 of the Limitations Act?
Ontario, Canada
What is probable cause for the recovery of cocaine from the mouth of a defendant?
California, United States of America
What is the test for overturning a finding of innocence?
California, United States of America
Does the statute of limitations apply to a plaintiff who has been convicted of a sexual assault?
MultiRegion, United States of America
What is the bare evidence of an arrest warrant?
California, United States of America
Is it extraordinary for a court to adjudicate a tort claim arising outside of its territorial jurisdiction?
MultiRegion, United States of America
Can a discretionary final review affect the merits of a claim?
MultiRegion, United States of America
What is the definition of a “defence of a claim” and what is the effect of the claim?
Manitoba, Canada
Can a defense cross-examine the evidence of prior possession of a firearm?
California, United States of America
What is the test for granting a refugee refugee a fair hearing?
Canada (Federal), Canada
What is the test for assisting and abetting in the commission of a crime?
California, United States of America
Does a defendant have a general right to offer a defense through the testimony of his or her witnesses?
California, United States of America
What is the impact of an unanticipated length of trial?
Ontario, Canada
Is there an entitlement to compound interest where the contract uses the language "compounded monthly" or "calculated monthly"?
British Columbia, Canada
What is the current state of the law on intervener status in a personal injury case?
Alberta, Canada
What is the test for fair distribution of income between spouses?
British Columbia, Canada
What is the test for caveat emptor in real estate transactions?
Ontario, Canada
What are the implications of the California Supreme Court ruling that a crematorium can refuse to comply with a mandate issued by the California Board of Directors?
California, United States of America
What is the test for a claim for the cost of future care?
British Columbia, Canada
What is the test for enforceability in a direct action against an insurer?
California, United States of America
What is the test for establishing identity of a party to a telephone conversation?
California, United States of America
What is the test for a murder committed by a "willful, deliberate and premeditated killing"?
California, United States of America
Is it improper for a prosecutor to misstate the law generally and particularly the prosecution's burden of proving every element of the crime charged beyond a reasonable doubt?
California, United States of America
What is the effect of a final judgment on a motion for reconsideration?
California, United States of America
Does the exclusionary rule apply to a defendant's search of his person?
California, United States of America
What is the test for an actual conflict of interest?
MultiRegion, United States of America
What is the test for dismissing an action under section 1385 of the California Civil Code?
California, United States of America
How has the Court in BC assessed the credibility of a witness?
British Columbia, Canada
What is the test for enforceability of a lease agreement where AT&T ordered a machine from Danka to Danka in order to replace a printer with AT&t?
British Columbia, Canada
What is the date of a second habeas petition?
California, United States of America
Can a shareholder of a company with more than 1,000 shares transfer to a new director to increase his own voting power?
Ontario, Canada
What is the test for invoking section 654 of the Criminal Code when a police officer encounters two females and appellant during a robbery?
California, United States of America
What is the test for damages awarded by a jury in a case involving a deputy sheriff?
California, United States of America
How have the courts interpreted the Miranda warning during a police interview?
California, United States of America
Under what circumstances can a police officer stop and frisk an individual based on reasonable suspicion of armed robbery?
MultiRegion, United States of America
Does the California Grand Jury have any judicial functions or is it an appendage of the court?
California, United States of America
Is a course of conduct indivisible for purposes of section 654 of the California Criminal Code?
California, United States of America
What is the test for determining whether there is a genuine issue for trial?
Alberta, Canada
Can a defendant withdraw his plea to a charge of assault?
California, United States of America
What is the test for success in a guardianship dispute?
Ontario, Canada
What is the test for procedural failure in a federal habeas petition?
MultiRegion, United States of America
Can a co-owner with a significant (50% or more) interest in a property compel sale?
British Columbia, Canada
When will the court grant access to the child without waiting for the outcome of an OCL clinical assessment?
Ontario, Canada
What is the test for a preliminary or inchoate crime?
Ontario, Canada
Is it appropriate to proceed with the trial without disclosing previously undisclosed financial information?
Ontario, Canada
What is the test for an allegation that a trial counsel was incompetent?
Ontario, Canada
Does a third party garnishee have jurisdiction to garnish a debtor?
MultiRegion, United States of America
What is the impact of losing a spouse as a result of a motor vehicle accident on the care of their children?
Saskatchewan, Canada
What are the costs of paying a lawyer’s bar membership and membership fees?
Canada (Federal), Canada
Does a juvenile court's deviation from the recommendation of the probation department show an abuse of power?
California, United States of America
Does the evidence establish past incapacity on a balance of probabilities?
Ontario, Canada
What is the test for "robable cause" in the context of possession of a firearm?
MultiRegion, United States of America
What is the effect of section 1305 of the California Penal Code on forfeiture of a defendant's bail?
California, United States of America
What is the impact of a delay in completing a claim in a civil case?
California, United States of America
What constitutes misconduct by a federal prosecutor in a civil case?
California, United States of America
What is the history of the MacDonell family law case?
British Columbia, Canada
In what circumstances will a plaintiff be able to sue a seed merchant who sells adulterated or defective seed?
California, United States of America
What is the history of the case law in the context of personal injury cases?
California, United States of America
(1) Does the trial court have a sua sponte duty to give instructions and verdict forms on crime B if warranted by the evidence?
California, United States of America
Can a license be revoked on the grounds that the license holder has been convicted of a crime?
California, United States of America
In what circumstances will a jury be able to find a defendant guilty of murder in the second degree?
"New York", United States of America
Can a motion to withdraw a plea be challenged on appeal?
California, United States of America
Can a defendant withdraw his plea of guilty as a result of an unfulfilled promise from a District Attorney?
"New York", United States of America
What is the emergency doctrine in the context of a search for a suspect?
California, United States of America
What is the firefighter's rule and what is the effect of it?
California, United States of America
Can a juror be discharged from service if the juror has already been sworn in?
California, United States of America
What is the test for obtaining a search warrant to search a person's home?
California, United States of America
How have Canadian courts treated applications in cases involving Minister of Employment and Immigration Canada?
Canada (Federal), Canada
Does a jury have to agree that a defendant would prefer a guilty verdict than a hung jury?
MultiRegion, United States of America
Is evidence of domestic violence admissible to prove a defendant had a propensity to commit domestic violence?
California, United States of America
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence?
California, United States of America
Is deposit of the deed to the land to be held as security a presumption of intention to create an equitable mortgage?
Nova Scotia, Canada
Is there sufficient evidence to support a conviction of burglary?
California, United States of America
What are the requirements for a jury to interpret jury instructions in a personal injury case?
California, United States of America
On appeal, what is the test for assuming a judge considered all available evidence in making a ruling?
California, United States of America
Is a temporary judge required to conduct a capital trial?
California, United States of America
What is the test for a harmless error analysis in a motor vehicle case?
California, United States of America
What is the test for a reasonable person to ask the court about a petition?
MultiRegion, United States of America
Can a copy of the accounts to be reviewed be attached to the appointment?
British Columbia, Canada
When will a court order a search and seizure of a quantity and quality of illegal drugs seized at a police station?
California, United States of America
If a motion is deficient in providing an explanation of litigation delay, is the court bound to make a decision based on the evidence before it?
Ontario, Canada
What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment?
California, United States of America
Is there an exception to the general rule that "an issue not presented to the trial court cannot be raised for the first time on appeal"?
MultiRegion, United States of America
What is the current state of the law on the Miranda right to remain silent?
California, United States of America
What is the effect of a 1995 policy directive on personal suitability for a visa application?
Canada (Federal), Canada
What is the test for the purpose of compensatory spousal support?
British Columbia, Canada
What is the rule of People v Cummings v Cummings?
California, United States of America
Is there any case law that supports the argument that a trial judge understands and follow established law?
California, United States of America
What is the test for abuse of power in the context of the California Toll Bridge Authority?
California, United States of America
What is the de novo standard of review in determining whether a trial court had a duty to give a particular jury instruction sua sponte?
California, United States of America
What is the standard of review for a motion of appeal against a Deputy First Minister's conduct?
California, United States of America
What is the test for libel under the O.C.G.A.L.B.A., 51-5-1 statute?
MultiRegion, United States of America
What is the test for establishing right-of-way for pedestrians over a sidewalk?
Ontario, Canada
What is the test for striking a jury notice in a personal injury action?
British Columbia, Canada
Does the doctrine of alter ego apply as a defense to embezzlement?
California, United States of America
Can a stockholder of a corporation be disqualified as a witness in a lawsuit brought by the personal representative of the deceased?
MultiRegion, United States of America
Can a defendant be convicted under section 136.1, subdivision (b)(1), attempting to prevent or dissuade another person from making a report to law enforcement?
California, United States of America
What is the test for a judge to determine whether a plaintiff has met the standard of proof?
Nova Scotia, Canada
What is the test for discrimination in a disability case?
British Columbia, Canada
What is the effect of applying the statute of limitations on a plaintiff’s claim?
British Columbia, Canada
What is the reasonable person standard?
California, United States of America
Is a defendant entitled to credit for his time in custody under section 2900.5 of the California Criminal Code?
California, United States of America
What is the test for admitting evidence over a hearsay objection for abuse of power?
MultiRegion, United States of America
What is the test for pleading under the Civil Rights Act?
MultiRegion, United States of America
In a civil case, how has the court treated the use of DNA evidence in criminal cases?
California, United States of America
Does the Court have jurisdiction to award costs for substantial success based on substantial success?
British Columbia, Canada
What is the relevant case law and what is the history of the case?
California, United States of America
How much contact should children with each of their parents have with one parent during a separation?
British Columbia, Canada
What is the test for determining the genuineness of a marriage?
Canada (Federal), Canada
What is the standard of review for a defendant's insufficiency claim?
California, United States of America
Does the substantial justification standard apply to a decision by an administrative law judge?
MultiRegion, United States of America
What is the effect of a change of venue on the size of the potential jury?
California, United States of America
What is the test for a plaintiff to bring a claim against a prisoner who has been denied access to the courts?
California, United States of America
In what circumstances will a defendant be able to cross-examine an out-of-court identification?
California, United States of America
What is the effect of section 654 of the California Penal Code on a course of conduct that violates more than one statute?
California, United States of America
How have courts dealt with an award in a personal injury case brought by the Ganulin family for attorney fees?
California, United States of America
How have courts dealt with a false charge made by the wife against the husband?
Saskatchewan, Canada
Is there an exception in the law where a defendant who repeatedly hits an elderly man on the head with a two-by-four while carrying out a robbery can be punished as attempted murder and/or robbery?
California, United States of America
What is the legal test for a parent who says that they will not move with their child if the child is not permitted to move with them?
British Columbia, Canada
Is a defendant convicted of sexual exploitation and other abuse of children required to pay full restitution to a victim of the crime?
MultiRegion, United States of America
In what circumstances will a driver who makes a left turn on Cambie Street, enter the curb lane and strike a car?
British Columbia, Canada
Is it misconduct for a prosecutor to argue defense counsel's job is to "confuse and throw sand in your eyes"?
California, United States of America
What is the test for a claim for non-pecuniary damages or loss of wages?
British Columbia, Canada
Is a family law assessment admissible evidence to determine the value of a property?
British Columbia, Canada
What is the test for a claim of prosecutorial misconduct?
California, United States of America
Can a federal habeas court review a claim made by a state court against a federal defendant?
MultiRegion, United States of America
What is the scope of appellate review on a family matter?
British Columbia, Canada
What is the test for directing a trial of the issues before the court?
Ontario, Canada
What is the burden of proving actionable negligence under the Scindia standard?
MultiRegion, United States of America
What is the test for dismissing an ineffective assistance of counsel claim based on counsel's failure to request further clarification of an instruction?
California, United States of America
What are the implications of a federal district court's decision not to deny a Relator's claim for damages under the Relator Act?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence at trial?
MultiRegion, United States of America
What is the test for determining whether a reasonable doubt has been found in a civil case?
MultiRegion, United States of America
What is the test for a shammy trade-mark?
Canada (Federal), Canada
What is the legal test for the defense of entrapment?
California, United States of America
What are the elements of an active gang participation charge?
California, United States of America
Can a motion for reconsideration be considered before final judgment is entered?
California, United States of America
Does the Court have any authority to second-guess the wisdom, fairness or logic of the law?
California, 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
Can a plaintiff on remand in a class action that has never been certified be considered moot because all named class representatives have been released from prison?
MultiRegion, United States of America
What is the test for a claim for violation of the Eighth Amendment based on inadequate medical care?
MultiRegion, United States of America
What is the material date to consider the issue of confusion in an opposition application?
Canada (Federal), Canada
What is the test for adding a party to a claim under R. 15 of the Rules of Civil Procedure?
British Columbia, Canada
Does Defendant have any right to challenge the evidence at trial?
California, United States of America
What is the difference between criminal contempt and civil contempt?
British Columbia, Canada
What is the test for determining whether a plaintiff has been deprived of a right secured by the Constitution and laws?
MultiRegion, United States of America
Is possession of property stolen in a burglary sufficient to sustain a conviction?
California, United States of America
Is there any abuse of process or vexatiousness in the context of the main motion?
Ontario, Canada
Is a forcible rape a crime in which the victim's resistance is overcome by force or violence?
California, United States of America
What is the test for sustaining a judgment in a personal injury case?
California, United States of America
What is the burden of proving that an agent has paid or disposed of a loan in accordance with common law?
California, United States of America
Is there any case where a portion of the interest rate was severed from a foreign judgment?
British Columbia, Canada
What is the current pain standard in medical malpractice cases?
MultiRegion, United States of America
What is the effect of the third and fourth sentences in a sexual assault case?
California, United States of America
Is there any case law in which a defendant makes two opposing arguments at the same time?
MultiRegion, United States of America
What is the test for a creditor in a personal injury claim?
MultiRegion, United States of America
What is the impact of Section 5 of the Limitations Act, 2002?
Ontario, Canada
What is the appropriate sanction for destruction of evidence by police?
California, United States of America
Is a defendant eligible for diversion under section 1000(a)(4) of the Penal Code?
California, United States of America
Is there any logical inconsistency in a finding that an alleged encroachment does not exist?
California, United States of America
What is the duty of a Trustee to keep a co-trustee fully informed?
Nova Scotia, Canada
What is the duty of care owed by a motorist to a pedestrian?
British Columbia, Canada
What is the test for ineffective counsel in a motion to dismiss?
California, United States of America
Does issue estoppel apply mechanically?
Ontario, Canada
Can a defendant have one or multiple criminal objectives for purposes of section 654 of the Criminal Code?
California, United States of America
Can a person be "detained" within the meaning of section 1305, subdivision (d) of the California Civil Code?
California, United States of America
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims?
California, United States of America
What is the burden of proving an attempted burglary?
California, United States of America
What is the burden of a party seeking a stay pending appeal?
MultiRegion, United States of America
Can a medical official be subjectively aware of a serious medical need and fail to adequately respond to the need?
MultiRegion, United States of America
What is just cause for excusing a juror from jury?
MultiRegion, United States of America
How has the substantial and unreasonable component of the test been interpreted?
Yukon, Canada
Does a delay in receiving treatment constitute an Eighth Amendment violation?
MultiRegion, United States of America
Does a convicted criminal defendant have to pay for legal services provided to him by a court?
California, United States of America
What is the test for voluntary manslaughter in a motor vehicle accident?
California, United States of America
What are the elements of a private securities fraud claim under Section 10(b) and Rule 10b?
MultiRegion, United States of America
What is the test for exhaustion in a federal habeas petition?
MultiRegion, United States of America
How have the courts dealt with a motion for summary adjudication of extrinsic fraud against appellant?
California, United States of America
Does the favorable termination rule or Heck bar apply to a state prisoner's good-time credit action?
MultiRegion, United States of America
When a criminal defendant contends the evidence was insufficient to support his conviction for sexual assault, how does the court review the evidence?
California, United States of America
What is the test for determining whether a plaintiff has been found to have an impairment that causes her to lose the ability to communicate with the other parties?
Ontario, Canada
What is a loss payee’s right to a lien on the insurance money of a plaintiff?
Saskatchewan, Canada
What is the current state of the law in the context of civil liability in civil matters?
MultiRegion, United States of America
Is opinion testimony admissible in a criminal prosecution?
California, United States of America
Does the Attorney General have any grounds to claim that appellant forfeited his right to challenge his sentence by failing to object when the court gave him the upper term on the robbery count?
California, United States of America
Is a contempt proceeding, even one involving civil contempt as in the present case, quasi-criminal nature?
British Columbia, Canada
What is the test for abuse of discretion in a personal injury case?
California, United States of America
