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.
When will the court's use of the "viciousness and callousness" factor in an attempted murder case?
California, United States of America
What is the test for denying a defendant's request for an instruction regarding the failure to collect evidence because the police did not violate due process?
California, United States of America
What is a defendant's right to discuss with his lawyer during a long recess?
MultiRegion, United States of America
What is the effect of contributory negligence on a plaintiff who, as a result of a slip and fall, deliberately walks across dangerous ice?
Ontario, Canada
What is the specific intent element of a criminal charge under section 186.22(b)(1) of the California Penal Code?
California, United States of America
What is the proper use of the Court of Appeal to re-open a trial to hear further evidence?
British Columbia, Canada
What is the test for inference in a civil case?
California, United States of America
Does a breach of an essential term of an agreement constitute repudiation?
British Columbia, Canada
What is the duty of an appellant to provide a fair summary of evidence in a civil case?
California, United States of America
What is the evidentiary test for denying electronic surveillance of a witness?
MultiRegion, United States of America
What is the test for setting aside spousal support under the Divorce Act?
Ontario, Canada
What are the elements of the charge against defendant in a civil case?
California, United States of America
What is the burden of proving that a penalty imposed by the Court of Appeal is unconstitutional?
California, United States of America
What is the test for an amended civil rights complaint?
MultiRegion, United States of America
What is the burden of establishing a cause of action against a defendant?
California, United States of America
What is the test for a motion to suppress or quash expert testimony?
California, United States of America
Is an aider and abettor of an assault liable for an additional crime?
California, United States of America
What is the standard of review for a motion seeking to overturn a determination made by a federal court?
MultiRegion, United States of America
What is the test for an expert witness in a high court case?
British Columbia, Canada
What is the quantum of costs for the Applicant in a personal injury action against the Respondent?
Ontario, Canada
What is the test for establishing exclusive possession of a property on one or two grounds?
New Brunswick, Canada
What are the consequences of a writ of habeas corpus application?
California, United States of America
Does a mandatory minimum sentence for possession of cocaine with intent to distribute a large quantity of cocaine amount to a criminal offence?
MultiRegion, United States of America
Can a federal plaintiff seek declaratory relief in a related state action?
MultiRegion, United States of America
Does a condominium need to be “sufficiently unique” to warrant specific performance?
British Columbia, Canada
What is the test for proof that expenditures are incurred for the purpose of producing income from a business within the meaning of the Income Tax Act?
Canada (Federal), Canada
Does a common law spouse have a duty to perform unpaid work for her common law partner?
Ontario, Canada
What is the test for "abuse of discretion" in the admission or exclusion of evidence?
California, United States of America
What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply?
California, United States of America
Can propensity evidence be admitted in a sexual assault case?
California, United States of America
What are the implications of the Fourteenth Amendment in dealing with sexual assault cases?
California, United States of America
Can a party be imprisoned for contempt of court if they repeatedly fail to attend an examination in aid of execution?
Ontario, Canada
What is the meaning of trial by jury in the common law and in the American Constitution?
MultiRegion, United States of America
What is the test for determining whether an undertaking fall within federal jurisdiction?
Canada (Federal), Canada
Can a judge create a protected liberty interest in a state prison?
MultiRegion, United States of America
What is the test for determining whether a preliminary application should proceed?
British Columbia, Canada
What is the case law on critique evidence?
British Columbia, Canada
What is the test for determining whether a past event occurred?
British Columbia, Canada
What is the test for losing privilege over an incident report?
British Columbia, Canada
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang?
California, United States of America
What is the test for establishing guilt beyond a reasonable doubt in a sexual assault case?
California, United States of America
What is the test for determining whether a defendant can be found guilty of murder if his accomplice was killed by a police officer during the commission of a robbery?
California, United States of America
What is the test for admitting or excluding evidence under section 352 of the California Evidence Code?
California, United States of America
What is sufficient circumstantial evidence to convict a person for assault?
California, United States of America
What is the current state of the law on injunctive relief?
MultiRegion, United States of America
What is the effect of a motion to strike a prior conviction for assault?
California, United States of America
In what circumstances can a teacher be found guilty of a violation of privacy under the California Civil Code?
California, United States of America
Is a jury's failure to instruct the jury about the elements of drug sales a harmless error beyond a reasonable doubt?
California, United States of America
What constitutes an assault with a firearm?
California, United States of America
When a gun was not "merely present" in connection with the crime, can the gun be used in the crime?
MultiRegion, United States of America
Does a violation of the Municipal nuisance ordinance constitute a public nuisance?
California, United States of America
What is the test for the admissibility of expert testimony in a medical malpractice case?
California, United States of America
What is the test for a restriction on access to certain types of medical equipment?
MultiRegion, United States of America
What is the legal test for general damages in a motor vehicle accident?
Alberta, Canada
What is the current state of the law on the conduct of attorneys in closing argument?
California, United States of America
What factors will be considered in determining whether a child has been found to be in the custody of the mother of the child?
Ontario, Canada
What is the test for proving proof?
British Columbia, Canada
How have courts interpreted CACI No. 333 in the context of a medical malpractice claim?
California, United States of America
What is the test for liability of a local authority in a motor vehicle accident?
California, United States of America
In what circumstances will a defendant's appeal against his sentence for assault be considered a waiver or forfeiture of the sentence?
California, United States of America
What is the difference between the mail and wire fraud statutes?
MultiRegion, United States of America
Is a prosecutor's assertion in closing argument that the defense had an obligation to present evidence sufficient to satisfy the prosecution's burden of proof valid?
California, United States of America
What is the test for a federal agency's interpretation of a controlling statute?
California, United States of America
Can a search without a warrant of 32 Shirlea be presumptively unreasonable?
Ontario, Canada
Can a defendant bring a claim of misconduct against the Attorney General on appeal?
California, United States of America
What is the general description of a suspect in a criminal case?
MultiRegion, United States of America
Does the Attorney General have a claim that the trial court erred reversibly in failing to admonish the jury at each adjournment?
California, United States of America
Does the trial court abuse its discretion in concluding that the evidence presented to a jury in a fraud case was prejudicial?
MultiRegion, United States of America
What are a range of remedies available to a plaintiff in his negligence action?
California, United States of America
What is sufficient evidence to warrant committal for extradition to the United States?
British Columbia, Canada
What is the test for determining whether a statement was obtained in violation of Miranda?
California, United States of America
What is the test for a jury to convict a defendant based on his out-of-court statements?
California, United States of America
Does a motion to amend a motion filed after the deadline in the pre-trial scheduling order need to be properly considered?
MultiRegion, United States of America
What is the test for admitting evidence of bad conduct in a criminal case?
California, United States of America
What are the factors used to determine whether to accept a settlement in a class action?
British Columbia, Canada
Does the Attorney General have the power to resent the death penalty to the wrong person?
California, United States of America
What is the test for appealability of a writ of habeas corpus?
MultiRegion, United States of America
When there is no express trust declared of the income of a trust fund, what is the effect of that statement of the law?
Ontario, Canada
Does an alien who demonstrates past persecution benefit from a presumption that her life or freedom would be threatened in the future?
MultiRegion, United States of America
How have the courts interpreted the provisions of the AEDPA in the context of a motion for reconsideration?
MultiRegion, United States of America
Is there a recourse directive that retroactively retroactively awards retroactive pay to an employee?
Canada (Federal), Canada
Is it improper to instruct with a portion of the insanity instruction that use of intoxicants is not the only ground for the insanity defense?
California, United States of America
Does the prison mailbox rule apply to a state habeas petition?
MultiRegion, United States of America
What is the test for determining whether there is insufficient evidence to convict defendants in a robbery case?
California, United States of America
How have courts dealt with a class action to set aside intentionally fraudulent conveyances?
federal, United States of America
What is the test for judicial review of an evidentiary ruling for abuse of discretion?
MultiRegion, United States of America
What is the impact of a family law contract where the terms are varied at will?
British Columbia, Canada
Is education an "other cause" which prevents a child from withdrawing from parental charge or obtaining the necessaries of life?
Alberta, Canada
What is the test for admitting or excluding "propensity" evidence in a sexual assault case?
California, United States of America
What is the burden of proving failure to exhaust administrative remedies?
MultiRegion, United States of America
What is the legal test for a murder by lying in wait?
California, United States of America
When will a motion for summary judgment require a trial?
Ontario, Canada
In what circumstances will a defendant be found guilty of an assault with intent to kill if a police officer was on duty at the scene of the shooting?
California, United States of America
Does the discovery rule apply to FDCPA cases?
MultiRegion, United States of America
What are the reasons given by the trial court for not finding a prima facie case?
California, United States of America
Does "great bodily injury" mean "serious bodily injury"?
California, United States of America
What is the proper procedure for a complainant to seek a rehearing of a motion for a motion to obtain a new hearing?
federal, United States of America
What is the test for plain language in a statute?
California, United States of America
Is a party seeking a new trial on all issues an aggrieved party when only a partial new trial is granted?
California, United States of America
What is the test for ineffective assistance in a civil case?
California, United States of America
Is there any case law where a group of ratepayers have been entitled to a share of the funds held in trust by the City under by-law 9999?
British Columbia, Canada
What is the burden of proving that consolidation or denial of severance was an abuse of discretion?
California, United States of America
Can an employer terminate an employee for a safety violation, even if the risks and consequences are minor?
Canada (Federal), Canada
Does a search warrant need to be conducted on a suspect who is on parole?
California, United States of America
When a defendant prevails on an anti-SLAPP motion, is she entitled to an award of attorney fees?
California, United States of America
Can a decision maker review an entered order or related reasons?
British Columbia, Canada
What is the test for giving a jury a partial defense on unconsciousness due to voluntary intoxication?
California, United States of America
Is there a continuing relationship between an attorney and client?
California, United States of America
Is there sufficient evidence to convict defendant of aggravated assault?
California, United States of America
Is a prosecutor wrongfully accused of prejudicial misconduct in her closing argument in a murder trial?
California, United States of America
What is the difference between a plaintiff and plaintiff in a motor vehicle accident case?
California, United States of America
What is the test for accomplice liability under the felony-murder rule?
California, United States of America
What instruction is given to the jury in a civil case?
California, United States of America
Is a buyer entitled to compensation for losses arising from a seller’s misrepresentation?
British Columbia, Canada
What is the test for discovery in civil litigation?
Alberta, Canada
What is the test for discretion of a trial court?
California, United States of America
What factors will the trier of fact consider in determining whether there was intent to sexually assault?
California, United States of America
What is the content of an expert's declaration in disclosure in a medical malpractice case?
California, United States of America
What is a 25% discount when a mortgage is advanced to pay off a couple's mortgage?
Ontario, Canada
What is the effect of section 12 of the New York State Penal Law on personal injury claims?
"New York", United States of America
What is the standard of review for a conviction based largely on circumstantial evidence?
California, United States of America
When will a reduction of a solicitor’s accounts be appropriate?
Ontario, Canada
How have courts treated corroborative evidence in a murder trial?
California, United States of America
Is gang evidence relevant and not unduly prejudicial for abuse of discretion?
California, United States of America
What is the burden of proving a prior conviction for sexual assault?
California, United States of America
How have courts treated the issue of misbehaviour in the context of prison security issues?
MultiRegion, United States of America
Can a judge or prosecutor be held liable for misstatements to a witness about the potential perjury prosecution?
MultiRegion, United States of America
What is the test for establishing that there is any substantial evidence, contradicted or uncontradicted that supports the judgment?
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 burden of proving reversible error in a motion to set aside defaults?
California, United States of America
What is the standard of review for a defendant challenging the sufficiency of the evidence supporting his convictions on Count Five and Six of the indictment?
MultiRegion, United States of America
Can a legatee appoint himself as the executor of a will?
Saskatchewan, Canada
What factors are considered in the assessment of damages for a plaintiff's drug use prior to her accident?
British Columbia, Canada
What is the test for an expert testimony in a medical malpractice action?
California, United States of America
Can a search warrant be used to search a defendant's social media account for allegedly making criminal threats against a police officer?
California, United States of America
Can a discovery sanction against an attorney who still represents the party be appealed?
California, United States of America
How have the courts interpreted voluntary manslaughter instructions in the context of heat of passion?
California, United States of America
What is the effect of undue influence on the husband through the independent legal advice received by the wife?
Manitoba, Canada
Does a defendant have a right to prevent the trial court from instructing on lesser included offenses?
California, United States of America
Does a federal magistrate-judge err in finding that defendants in both official and individual capacities are immune from civil action in both their official capacity and their individual capacity?
MultiRegion, United States of America
Is there any case law supporting the mistaken identity defense?
MultiRegion, United States of America
What is the test for manslaughter based on imperfect self-defense?
California, United States of America
Is ignorance of the law a defense in a sexual assault case?
California, United States of America
Does a failure to make an objection to having a support person on the witness stand constitute a waiver?
California, United States of America
How have courts interpreted the Canada Pension Plan Retirement Rule in the context of complex pension plans?
Prince Edward Island, Canada
Does a motion for reconsideration give parties a second bite at the apple?
MultiRegion, United States of America
Is there any case law where a defence counsel sought to exclude the evidence of a witness in a civil case?
California, United States of America
Can a defendant be found guilty based upon the testimony of an out-of-court witness?
California, United States of America
Does the requirement that a defendant "knowingly" permit the discharge of a firearm apply to a firearm discharge?
California, United States of America
Is Section 1108 of the California Civil Code a parallel provision to Section 1109 of the Act, or is it not?
California, United States of America
What is the test for determining whether there is cause of death for a plaintiff in a motor vehicle accident?
MultiRegion, United States of America
Does a plaintiff have to continue to pursue a statutory cause of action against the insurer in the absence of a final determination of liability?
California, United States of America
Is a published decision of this court binding on lower courts within the 9th Circuit?
MultiRegion, United States of America
Can a defendant argue that marijuana and methamphetamine, packaged separately, were intended for separate buyers?
California, United States of America
What is the test for obtaining an advance search warrant for a search warrant?
MultiRegion, United States of America
What is the test for excluding evidence in a criminal case?
California, United States of America
Does the appellant have a cause of action for legal malpractice?
California, United States of America
Is a support order entitled to deference?
Alberta, Canada
What is the leading case on causation in Canadian law?
British Columbia, Canada
What are the core issues as to the surplus in a defined benefit plan?
Ontario, Canada
Does a defendant have standing to complain of a violation of third party's privilege against self-incrimination?
California, United States of America
What privilege exists between the opinions and opinions of an attorney in a personal injury action?
California, United States of America
Can an employer unilaterally impose a cap on bonus payments where there has never been a cap?
Ontario, Canada
What are some cases where misinformation has been given in the context of an agreement?
Ontario, Canada
Does the lodestar method apply in civil rights litigation?
California, United States of America
What is the current state of the presumption in matrimonial law?
British Columbia, Canada
Is there a breach of s.8 of the Criminal Code when the accused was searched during his arrest?
Nova Scotia, Canada
How have courts interpreted anti-assignment provisions in structured settlement agreements?
California, United States of America
What is the test for a variation or stay of a final spousal support order?
Ontario, Canada
Does Defendant have to admit to giving a victim impact testimony at the guilt phase of a murder trial?
California, United States of America
What is the test for determining whether intent to defraud is sufficient?
California, United States of America
Does the Attorney General have any authority or authority to prevent the filing of an accusatory pleading?
California, United States of America
What is a lawyer's duty to warn a client of the risks associated with a settlement?
British Columbia, Canada
What is the test for a constructive discharge under the constructive discharge doctrine?
MultiRegion, United States of America
Is a guilty plea improperly induced by a promise by the trial court that issues can be raised on appeal?
California, United States of America
Is there any evidence that a witness's testimony is unsound, unbelievable or even patent lie?
California, United States of America
If there are any exceptions to the standard rule regarding consideration of extra-record materials, does one of the exceptions apply to post-decisional information?
MultiRegion, United States of America
Can a jury restrain a defendant in the presence of the jury?
California, United States of America
Does Defendant have a legitimate basis for his conviction for assault with a semi-automatic firearm and grossly negligent discharge of a firearm?
California, United States of America
Is imposition of a constructive trust a remedy for unjust enrichment?
British Columbia, Canada
What is the legal test for correctness in a suspension order?
British Columbia, Canada
What is the legal test for granting probation to a convicted criminal?
California, United States of America
What is the test for reconciling Charter rights and values with parliamentary privilege?
Ontario, Canada
Can a judge amend the abstract of judgment to reflect defendant was convicted by jury?
California, United States of America
How have courts and assessment officers dealt with escalating costs and proportionality?
Ontario, Canada
On what grounds can defense counsel be ineffective counsel in a criminal case?
California, United States of America
What is the test for damages under s. 647(2) of the Canadian Maritime Code of Conduct?
Canada (Federal), Canada
Does the court have to draw reasonable inferences and make estimates of time where a peace officer has not kept reliable reference points of time during the investigation?
Saskatchewan, Canada
What is the procedure for assignment of an assignment in a personal injury case?
Manitoba, Canada
What is the current state of the law on unlawful restraint?
California, United States of America
What is the difference between a collusive marriage and an absolute divorce?
Alberta, Canada
Can a plaintiff bring a malicious prosecution claim against the Director of Public Prosecutions, John Stiles?
California, United States of America
What is the meaning of the word "shall" in the context of an amended claim?
California, United States of America
How have courts treated a motion to withdraw a motion for a competency hearing?
California, United States of America
What is the test for questioning a witness in a domestic violence case?
California, United States of America
What is the basis for a warrantless search of an arrestee's purse?
California, United States of America
Does an insurer have a right to control defense and settlement of the third party action against its insured?
California, United States of America
In what circumstances will the police search for weapons during a vehicle stop?
California, United States of America
In a federal habeas corpus case, is issue preclusion and claim and claim preclusion available?
MultiRegion, United States of America
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code?
California, United States of America
