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 impact of a state court's harmlessness determination on a witness testimony?
MultiRegion, United States of America
What is the test for in camera screening of a law enforcement officer's file?
California, United States of America
Is it an abuse of discretion to sustain a demurrer without leave to amend?
California, United States of America
Is an award reached by an arbitrator pursuant to a contractual agreement to arbitrate subject to judicial review?
California, United States of America
Does section 28 and 29 of the California Penal Code allow an expert to testify that the accused tends to overreact to stress and apprehension?
California, United States of America
Does a different instruction, using the words presumption and inference, need to be approved or rejected by this court?
MultiRegion, United States of America
What is the test for in camera review of a police officer's in-camera report?
California, United States of America
In what circumstances will a police officer be permitted to enter a person's home from a peephole?
California, United States of America
How do we review a district court's interpretation of state law de novo?
MultiRegion, United States of America
What is the test for demurrer in a personal injury action?
California, United States of America
Does a private party have an independent obligation to observe the constitutionally protected interests of another party?
MultiRegion, United States of America
Is a defendant liable for additional damage caused by a motor vehicle accident?
British Columbia, Canada
Does the Court have jurisdiction to award costs for substantial success based on substantial success?
British Columbia, Canada
In what circumstances will a District Attorney be granted a peremptory order to dismiss an assault case?
California, United States of America
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence?
California, United States of America
Is there a separate action arising out of the same motor vehicle accident?
Ontario, Canada
What is the test for a plaintiff to bring a claim under Section 1983 of the Civil Rights Act?
California, United States of America
What is the test for a charge of dissuading a witness by force or threat?
California, United States of America
Does the Attorney General have any grounds to object to instructions that allow the jury to use permissive inference?
California, United States of America
What is the test for obtaining a judicial warrant to arrest a person within a home?
Alberta, Canada
Does a motion to dismiss the motion for failure to prosecute for sexual assault have any grounds for dismissal?
MultiRegion, United States of America
What is the test for striking a notice of civil claim due to an abuse of process?
British Columbia, Canada
Can a defendant challenge the veracity of statements in an affidavit of probable cause?
California, United States of America
What is the effect of a stay of execution on a restructuring plan under the CCAA?
British Columbia, Canada
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the test for possession of a controlled substance in a jail?
California, United States of America
What is the abuse of the abuse standard for exclusion of evidence under section 1154 of the Evidence Code?
California, United States of America
In what circumstances will a court deny a motion for a new trial because of juror misconduct?
California, United States of America
What are the costs of a parent who successfully argued that their child should go to a different school?
Ontario, Canada
Does the full credit bid rule apply to bad faith waste?
California, United States of America
What is the meaning of the "right of the home" in the First Amendment?
MultiRegion, United States of America
What is the standard test applicable under section 9(1)(n)(iii) of the Criminal Code Act?
Canada (Federal), Canada
What is the test for abuse of discretion in elections law?
MultiRegion, United States of America
Can a state court refuse to grant a motion for habeas?
MultiRegion, United States of America
Is a failure to instruct that the firearm use must have proximately caused death and the decedent could not be an accomplice?
California, United States of America
For the purposes of determining whether there was a factual basis for instructing a teacher on non-forcible oral sex, what is the legal basis for that instruction?
California, United States of America
What is the test for a prima facie case of workplace discrimination on the prohibited ground of family status?
Canada (Federal), Canada
What rights does a defendant have to confront and cross-examine a witness in a conditional examination?
California, United States of America
What is the test for a motion under Section 2255 of the Criminal Code allowing a judge to dismiss an evidentiary hearing?
MultiRegion, United States of America
Can a juror make a "death threat" during deliberations?
California, United States of America
What are some cases where a city has been found to be a "habitual offender" in a civil case?
MultiRegion, United States of America
What is the test for establishing liability for third party defamatory material?
British Columbia, Canada
What is the consequence of a jury's finding that a murder committed during the course of a robbery was a gang-murder?
California, United States of America
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 establishing a prima facie case in an employment discrimination case?
California, United States of America
What is the test for material evidence in a criminal case?
California, United States of America
Does a search at the scene of a robbery occur when the car is searched later at the police station?
California, United States of America
Can a defendant object to double punishment under section 654 of the California Penal Code?
California, United States of America
What is the range of sentencing options for a mentally ill defendant who has been found guilty of a "non-violent" assault?
MultiRegion, United States of America
What are the main claims being made in a personal injury action brought by a pensioner against his former partner for disability benefits?
California, United States of America
Does a jury trial need to be held in civil contempt proceedings?
California, United States of America
What are the consequences of a motion to strike?
Prince Edward Island, Canada
What is the test for a finding of partnership?
Canada (Federal), Canada
Is there sufficient provocation or heat of passion to reduce murder to voluntary manslaughter?
California, United States of America
What is the test for a search of electronic storage devices in a search warrant?
California, United States of America
Can a judgment of the small claims court preclude a subsequent judgment from the same cause of action?
California, United States of America
Does the statute of limitation apply to a false arrest claim?
California, United States of America
Can a judge order attorneys' fees awarded by a district court for abuse of power?
MultiRegion, United States of America
What is the appropriate sentencing for contempt of court in family law cases?
Ontario, Canada
What is the test for determining whether there is prejudice against a party who has committed acts of sexual assault against the other party?
MultiRegion, United States of America
What is the test for assessing attorney's fees against a criminal defendant?
California, United States of America
Can a motion alleging ineffective assistance of counsel succeed?
California, United States of America
What is the test for bringing an application under Rule 12-6(11) of the BCCA to preserve trial fairness?
British Columbia, Canada
Does a husband have equal protection of the laws under section 6650 of the Welfare and Institutions Code if he pays for the support of his incompetent wife in a state institution?
California, United States of America
What is the test for excluding or limiting the evidence in a criminal case?
California, United States of America
Is involuntary manslaughter a lesser included crime of felony murder?
California, United States of America
What is the onus on the accused to establish a breach of the Charter?
Saskatchewan, Canada
Is there a need to obtain a declaration of nullity for a marriage that is void ab initio?
British Columbia, Canada
Is there prejudice to convictions on counts 3 and 5 of the Humboldt/Harm harmless-beyond-a-reasonable-doubt standard?
California, United States of America
What is the test for a claim against a respondent in a personal injury case?
British Columbia, Canada
What is the test for an implied waiver of the Miranda rights?
California, United States of America
What is the test for admitting photographs of victims of crime?
California, United States of America
Does a failure to object to improper argument waives any error?
MultiRegion, United States of America
When will a solicitor be able to charge a client for their services?
Nova Scotia, Canada
What is the test for a factfinder's award of damages in a motor vehicle accident?
California, United States of America
What are the statutory references to SLAPP and SLAPP?
California, United States of America
What is the test for determining whether a plaintiff is able to pay?
California, United States of America
What is the test for establishing a criminal street gang?
California, United States of America
What is the test for admissibility of evidence of domestic violence in a sexual assault case?
California, United States of America
What is the impact of autonomy on the relationship between an employee and the employer?
British Columbia, Canada
Does an accomplice have to be convicted of a charge under the California Penal Code?
California, United States of America
Is there any case law in which there is evidence that there was a "grudge held by one of the officers" against the other officer?
California, United States of America
What is the test for making a claim of selective prosecution?
MultiRegion, United States of America
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest?
California, United States of America
Can a court award attorney general fees to a successful party against one or more opposing parties?
California, United States of America
Does the collateral source rule apply in tort cases?
California, United States of America
What is the standard of review for a motion of motion in a civil case?
California, United States of America
What is the standard of review of a motion where it is alleged the arbitrator erred respecting any inferences of fact drawn?
Ontario, Canada
What is the test for dissent from the Court of Appeal when it comes to determining whether a defendant has been found guilty of contempt of court?
"New York", United States of America
Does a plaintiff have to separately show "intent" or "purpose" to discriminate on the basis of sex discrimination?
MultiRegion, United States of America
What is the role of a trial attorney in determining the cause or defense of a defendant?
California, United States of America
In what circumstances will the courts rely on the special benefit rule to determine just compensation?
California, United States of America
Can Stevenson be convicted of felony-murder?
MultiRegion, United States of America
What is the test for challenging jurisdiction under Rule 12 of the Civil Procedure 12(b)(1)?
MultiRegion, United States of America
What is the test for an action brought by a unionized employee against a trustee of an industry retirement fund?
"New York", United States of America
What is the test for establishing incompetence in a post-conviction court?
MultiRegion, United States of America
Does defendant have an obligation to pay money to plaintiff?
California, United States of America
What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party?
British Columbia, Canada
Can a title company be held liable for a defect in title under a policy of title insurance?
California, United States of America
What is the applicable standard of review for claims of prosecutorial misconduct at the penalty phase?
California, United States of America
Is Penix's conviction for attempted robbery and murder overturned?
California, United States of America
Can a criminal defendant refuse to stipulate or admit his way out of the full evidentiary force of the case?
California, United States of America
What is the test for damages for wrongful arrest, malicious prosecution and/or wrongful imprisonment?
MultiRegion, United States of America
In what circumstances will a defendant be found liable for failing to provide a safe environment for a plaintiff to work?
MultiRegion, United States of America
Does a party's attorney have general authority to control the procedural aspects of the litigation?
California, United States of America
What are the procedural fairness requirements for a decision to suspend an officer with pay pending an administrative investigation?
British Columbia, Canada
What is the burden of proving that others similarly situated have not been prosecuted?
MultiRegion, United States of America
What is a magistrate's duty to determine probable cause in a civil case?
California, United States of America
What is the relevant case law in BC where the Respondent has more knowledge and experience about procedural and substantive matters than recent or junior lawyers?
British Columbia, Canada
What is the test for a charge of making a threat to kill a person?
California, United States of America
What are the purposes of a patent for a combination of two elements?
MultiRegion, United States of America
What is the test for an abuse of discretion on appeal?
California, United States of America
What is the current state of the Charter of Canada and how is it interpreted by the courts?
British Columbia, Canada
What is the test for a state court to rule on a motion brought by a plaintiff in her name?
MultiRegion, United States of America
What are the principles governing particulars in medical malpractice cases?
British Columbia, Canada
What is the test for liquidated damages?
Alberta, Canada
What is the burden of proving error on appeal?
California, United States of America
What is the test for the use of a motion of common law common law for unjust enrichment?
Ontario, Canada
How have courts interpreted the distinction between direct and circumstantial evidence in a civil case?
California, United States of America
What is the test for a probable cause determination?
MultiRegion, United States of America
What is the test for establishing that a medical malpractice case has been successful?
California, United States of America
Does in loco parentis have to continue to pay in support of a child?
Ontario, Canada
Is plaintiff's claim for medical negligence dismissed?
MultiRegion, United States of America
What are the elements of a disability discrimination claim?
California, United States of America
Can a motion to disqualify a judge be appealed by the Court of Appeal?
California, United States of America
Does the local wobbler rule violate the equal protection principle?
California, United States of America
How have courts treated statements made in good faith anticipation of litigation?
California, United States of America
What is the test for excluding evidence of an accused's defense?
California, United States of America
Is there any new evidence that would change the result of a jury trial?
"New York", United States of America
How have courts interpreted the definition of assault with a deadly weapon?
California, United States of America
What is the current state of the federal law governing the issue of "clearly established federal law" regarding the issue?
MultiRegion, United States of America
What is the test for invoking the government contractor defense?
MultiRegion, United States of America
Is a cause of action stated under any legal theory when the allegations are liberally construed?
California, United States of America
Is apportionment required in a medical malpractice case?
MultiRegion, United States of America
What is the test for a purchaser to rescind a purchase?
Manitoba, Canada
Does a party have to establish a permanent residence to establish habitual residence?
Ontario, Canada
What is the test for determining whether a party is liable for an event that enables harm to occur?
California, United States of America
When a criminal defendant challenges the sufficiency of the evidence to support his conviction, how does the Court of Appeal review the whole record?
California, United States of America
When a support order has been made requiring the respondent to attend a vocational examination, does the respondent have the right to receive a vocational report?
California, United States of America
What is the test for an attempted murder?
California, United States of America
How have courts dealt with discrimination in the context of section 214(a) of the Tax Code when a taxpayer is a woman or widower?
California, United States of America
Can a complaint be dismissed pursuant to section 27(1)(d)(ii) of the Criminal Code?
British Columbia, Canada
In what circumstances have special costs been awarded in personal injury cases?
British Columbia, Canada
What is the test for establishing prejudice in a motion for damages against a defendant?
British Columbia, Canada
Does Section 667.61, subdivisions (f) and (g) of the Criminal Code apply only once?
California, United States of America
What factors are considered in determining whether a suspect has been formally arrested?
California, United States of America
What is the test for determining whether an act was within the scope of employment?
"New York", United States of America
What is the test for dismissal of a prior strike conviction for abuse of power and abuse of authority?
California, United States of America
What are the terms of an offer to settle?
British Columbia, Canada
What is the effect of section 140(1) of the amended version of Section 140 of the New York State Code of Civil Procedure on retroactive retroactive relief?
"New York", United States of America
What is the test for a judicial review of an ordinance that imposes rent controls on a residential property?
California, United States of America
Does the Court of Appeal have the power to rule on a question of law raised for the first time on appeal?
California, United States of America
What is the evidentiary record required to make out a duty of care in a defamation action?
Ontario, Canada
What is the quantum of damages for an unsuccessful party in a personal injury case?
Ontario, Canada
What is the burden of proving negligence per se?
California, United States of America
What is the test for asserting jurisdiction in a civil matter?
MultiRegion, United States of America
When a member of staff at the YKCA reported allegations of harassment to the authority charged with dealing with them, was she acting as an officious volunteer?
British Columbia, Canada
What is the test for intentional concealment in medical malpractice cases?
California, United States of America
What is the test for determining whether someone is an intended third party beneficiary of a contract?
California, United States of America
What is the effect of a motion to suppress an item of evidence?
California, United States of America
What is the claim-of-right defense?
California, United States of America
When assessing the evidence presented at trial, does a reviewing court need to conduct a thorough review of the state court record?
MultiRegion, United States of America
What are the elements of theft by trick or larceny by trick?
California, United States of America
What is the scope of the interjurisdictional immunity doctrine?
British Columbia, Canada
What is the test for appeal against a finding that a judge's decision is correct?
Ontario, Canada
What grounds can be asserted in a res judicata action?
MultiRegion, United States of America
What is the current state of the law on the Miranda rights of a suspect?
California, United States of America
Does the law presumes a resulting trust where one party pays the full purchase price but title is placed in the name of another party?
British Columbia, Canada
What is the test for determining whether a slip and fall accident was precipitated by the condition of the premises where the accident occurred?
New Brunswick, Canada
Can a defendant appeal a finding that he committed assault in the third degree and harassment in the second degree?
"New York", United States of America
What is the definition of a disability in the California Workers' Comp. Act?
California, United States of America
What is the current state of the law on a motion to suppress evidence?
"New York", United States of America
Can an action for recovery of land include setting aside the title of the registered owner?
Saskatchewan, Canada
What is the test for establishing that a sentence is substantively unreasonable?
MultiRegion, United States of America
Is insufficient evidence sufficient to overturn a conviction for murder and torture?
California, United States of America
Is a defendant who has served time in prison a more dangerous offender under section 667.5, subdivision (b) of the California Criminal Code under Proposition 47?
California, United States of America
Is a federal prosecutor's statement to the jury in a civil case unconstitutional when they "infect the trial with such unfairness as to make the conviction a denial of due process"?
California, United States of America
What are the reasons given to Justice Wilson's decision that the pleadings failed to disclose any reasonable claim?
British Columbia, Canada
What is the test for determining whether a landowner's right to develop his property pursuant to a zoning restriction?
California, United States of America
What factors will the court consider when determining whether or not to grant custody to a parent who has moved to a new location?
British Columbia, Canada
How have courts interpreted the meaning of a section of the California Statutory Code of Civil Procedure requiring a cap on the amount of cannabis that can be confiscated?
California, United States of America
Does a defendant have a claim that the prosecution acted improperly by offering him a less favorable plea bargain than his co-defendant?
MultiRegion, United States of America
What factors are considered in resolving a due process claim alleging excessive force?
MultiRegion, United States of America
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases?
California, United States of America
What is the range of equal share payments ordered by a court in a family law case?
Ontario, Canada
Can a defendant in a federal criminal case collaterally challenge his conviction or sentence?
MultiRegion, United States of America
Does the fact that a government employee provides opportunities or facilities for the commission of a criminal offence defeat the prosecution?
MultiRegion, United States of America
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim?
Ontario, Canada
What is the difference between a sentence conditioned upon a jury finding of guilt and a sentence imposed by an apparently irate judge following a defendant's failure to abide by a plea agreement?
MultiRegion, United States of America
What is the range of sentences for assault with intent to cause grievous bodily harm under the California Criminal Code?
California, United States of America
Can a court admit evidence for abuse of power?
MultiRegion, United States of America
How have courts considered whether or not an error was harmless beyond a reasonable doubt?
California, United States of America
What is the standard of review applied to a judgment sustaining the criminal allegations of a juvenile wardship petition?
California, United States of America
Under what circumstances will a defendant be denied an enhanced sentence under the Three Strikes Act?
California, United States of America
What is the minimum statutory requirement for a school to provide a reasonable accommodation for a disabled student?
MultiRegion, United States of America
Is a defendant's Sixth Amendment right to be represented by a lawyer who is free from conflicts of interest?
MultiRegion, United States of America
What is the meaning of the Fourteenth Amendment 3 "liberty" clause in the Fourth Amendment 3 and what is the scope of the constitutional test?
California, United States of America
In what circumstances will the trial court combine charges of first-degree murder and escape from custody?
California, United States of America
Does a denial of due process under section 1368 of the Criminal Code apply to a defendant's mental health issues?
California, United States of America
What is the test for a stay of an application by the respondent in the Superior Court of Justice?
Saskatchewan, Canada
