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 determining whether a plaintiff was damaged as a result of an artificially low milk price?
MultiRegion, United States of America
Can a witness testify against a defendant who made threats against the witness?
California, United States of America
How have the courts treated an evidentiary objection to each other's evidence?
California, United States of America
What constitutes a "no contest" or "nolo contendere like" process?
British Columbia, Canada
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the test for establishing the corpus delicti of a felony murder?
California, United States of America
What is the test for determining whether an administrative body or agency has quasijudicial power to extend privilege to an otherwise defamatory publication?
California, United States of America
Can a judge reverse a finding that he reasonably should have known that the victims were peace officers?
California, United States of America
Can an employer reorganize their workforce?
Ontario, Canada
When an entire action has been dismissed, does the court have jurisdiction over the entire action?
California, United States of America
What are some cases where a defendant was charged with a range of crimes, including murder, burglary, and forcible sodomy, while under the influence of cocaine and alcohol?
California, United States of America
What is the test for a motion pursuant to Rule 45.02 to order that there can be no execution prior to judgment?
Ontario, Canada
What is the test for denying a motion to suppress statements from a witness in a criminal case?
"New York", United States of America
How is a defendant's ability to pay fines and fees assessed?
California, United States of America
What is the test for excluding an authenticated letter from evidence at trial?
California, United States of America
Does the Defendant have to undergo a psychiatric examination to determine the credibility of a witness in a sexual assault case?
California, United States of America
What is the test for imposing a proper sentence on a defendant who has been found guilty of gross negligence under the California Penal Code?
California, United States of America
What is the test for obtaining a transcript of a criminal trial for an indigent criminal defendant?
California, United States of America
Is there any case law or precedent for apportioning attorney's fees between defendants?
MultiRegion, United States of America
Does application of the ordinary rules of evidence violate a defendant's constitutional right to present a defense?
California, United States of America
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries?
British Columbia, Canada
Under what circumstances must instructions be recorded in the minutes of a grand jury?
"New York", United States of America
What is the definition of a violent crime offence and what is the effect of it?
California, United States of America
What is the standard of proof required for a plaintiff to prove that a hypothetical event occurred at the same time as an actual event?
British Columbia, Canada
Is there a valid search point at which a search point is valid?
MultiRegion, United States of America
What is the difference between fraudulent misrepresentation and larceny?
California, United States of America
What is the initial burden of proving a disability?
MultiRegion, United States of America
Can a defendant be impeached if he is convicted of auto theft?
California, United States of America
Can a beneficiary of a life insurance policy be changed if the beneficiary of the policy wishes to receive the proceeds from the policy on his death?
MultiRegion, United States of America
Does a defendant have a right to have an action in his own home county?
California, United States of America
Is there an "urgent need" for an arbitration to resolve an issue related to a prior claim?
"New York", United States of America
What is the test for reversal of a finding of guilty of misconduct in a civil case?
California, United States of America
What is the clear and unequivocal nature of a waiver of a right?
Quebec, Canada
Can a lawsuit be a "arising from an act in furtherance of the rights of petition or free speech"?
California, United States of America
What is the effect of a balanced instruction by the court to a deadlocked jury?
MultiRegion, United States of America
Can an interpreter be used to communicate with a jury at a jury trial?
California, United States of America
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea?
California, United States of America
What is the standard of review for a decision of the board of trustees to deny accidental disability benefits but to grant ordinary disability benefits?
"New York", United States of America
Can a jury rely on the inference that an offensive word had been deleted from an interrogation transcript?
California, United States of America
What are the implications of the "double-the-base term" rule?
California, United States of America
What is the legal test for “reading in”?
Ontario, Canada
What is the purpose of child support for an adult child?
Ontario, Canada
What is the nature of an order made under s. 24 of the Criminal Code?
British Columbia, Canada
In what circumstances have CPLs been cancelled?
British Columbia, Canada
What is the test for admitting statements made by a third party in an out-of-court proceeding?
California, United States of America
What is the test for certifying an expert as an expert?
California, United States of America
How much deference should a Minister of Justice be accorded to surrender?
British Columbia, Canada
How have the courts interpreted the facts of the trial court's orders?
California, United States of America
What is the test for admitting prior bad acts under Rule 403 of the Criminal Code?
MultiRegion, United States of America
Is a prosecutor entitled to comment on the credibility of a witness?
California, United States of America
How has section 861 of the California Criminal Code been interpreted in the context of Section 861?
California, United States of America
On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case?
California, United States of America
Is there any case law supporting the position of an arbitration board with expertise?
Alberta, Canada
What is the test for obtaining identifying information in a civil case?
California, United States of America
Does section 1170.1, subdivision (a) of the California Criminal Code apply to the determinate term of an indeterminate life sentence?
California, United States of America
In what circumstances will a defendant receive a reduced sentence for providing drugs to a minor in exchange for money?
California, United States of America
What is the Miranda rule and what are the implications of this?
California, United States of America
Is there a distinction between completed murder and attempted murder?
California, United States of America
Is assault a lesser-included crime than robbery?
California, United States of America
Does a deficiency in the special verdict for disparate impact in a personal injury case affect the appellant's ability to obtain a new trial?
California, United States of America
What is the test for a Rule 12(b)(1) jurisdictional attack?
MultiRegion, United States of America
Is a plaintiff required to share the benefits of his pension contributions with the tortfeasor when it is calculated in the calculation for his loss?
British Columbia, Canada
What is the range of damages awarded in a personal injury action?
British Columbia, Canada
Is a government official entitled to qualified immunity from liability for civil damages for gross negligence?
MultiRegion, United States of America
What is "fresh evidence" that was adduced at the hearing of the judgment in question?
British Columbia, Canada
How have courts dealt with a claim brought by an inmate who wants to communicate with a party outside of a jail?
MultiRegion, United States of America
Does section 654 of the California Criminal Code require a separate punishment for driving or taking a vehicle without the owner's consent?
California, United States of America
How have courts dealt with multiple convictions arising out of a single act of drunk driving?
California, United States of America
What are the limits of the “buyer beware” principle?
British Columbia, Canada
Is a defendant entitled to withdraw his plea on the grounds that the court failed to advise him of the mandatory permanent revocation of his driver's license?
California, United States of America
What is the test on appeal for appeal?
Ontario, Canada
Does Section 2254(d) of the Civil Code apply?
MultiRegion, United States of America
What is the test for a motion for a retrial based on newly discovered evidence?
California, United States of America
What is the real and substantial connection test?
Alberta, Canada
What is the burden of proving that an employer discriminated against a plaintiff in a workplace discrimination case?
MultiRegion, United States of America
Is a plaintiff entitled to double or increased costs because of an offer made before judgment?
Alberta, Canada
What is the burden on a plaintiff to prove that they have been sexually abused by the Defendant?
California, United States of America
Can a letter rogatory still be enforced?
British Columbia, Canada
How is a trial court's admission of prior felony convictions reviewed for abuse of discretion?
California, United States of America
Who has the burden of proving loss resulting from the breach of the fiduciary duty?
Ontario, Canada
Is a single handcuff applied to an arrestee complete for the fourth amendment purposes?
MultiRegion, United States of America
Is there a reasonable likelihood of a defendant being convicted based on the testimony of an accomplice?
California, United States of America
Is there a new fact that changes the original basis of the claim?
Ontario, Canada
In a personal injury trial, is a plaintiff's lawyer permitted to discuss the facts in his closing argument?
California, United States of America
On review of the denial of a motion to suppress, what is the test for a search and seizure?
California, United States of America
Is it mandatory for an individual to file a human rights application within one year?
Ontario, Canada
What is the legal test for alleging an Eighth Amendment violation?
MultiRegion, United States of America
Does a minimum security inmate have a constitutionally-based liberty interest in being assigned to or remaining in the minimum security facility?
MultiRegion, United States of America
What are the legal principles in assessing loss of earning capacity?
British Columbia, Canada
Is a motion judge’s jurisdiction to make findings of credibility?
Ontario, Canada
What is the test for entitlement to prospective loss?
Manitoba, Canada
What is the test for determining whether a convicted rapist is too dangerous to be released from prison?
California, United States of America
What is the standard of conduct of counsel in defence of the Guidelines?
Saskatchewan, Canada
What is the evidentiary foundation for contributory negligence in a left-turn case?
British Columbia, Canada
Is a non-examining opinion of a physician sufficient to be considered substantial evidence in a medical malpractice case?
MultiRegion, United States of America
In what circumstances will the attorney general not be able to call the witnesses he relied on to persuade him to change his mind?
MultiRegion, United States of America
Does a testator have the requisite testamentary capacity to execute a will?
British Columbia, Canada
What is the legal test for a marriage that is alleged to be void?
Ontario, Canada
How have courts treated declaratory judgments relating to patents?
MultiRegion, United States of America
What is the test for pleading in a pro se proceeding case?
MultiRegion, United States of America
What is the role of the Court of Appeal in determining the voluntariness of consent?
California, United States of America
Does a criminal defendant have to waive their right to counsel to effect a valid guilty plea?
MultiRegion, United States of America
What is the test for "force" in a sexual assault case?
California, United States of America
What is the law governing a variation in custody where the intention of the custodial parent to relocate was the intention to relocate?
British Columbia, Canada
What is the range of damages for a plaintiff who sustained a fractured skull due to an electric shock?
British Columbia, Canada
What is the test for qualified immunity in a civil case where a defendant improperly fastened handcuffs too tightly around a plaintiff's wrists?
MultiRegion, United States of America
What is the test for a defendant to represent herself in a civil trial?
MultiRegion, United States of America
Does section 654 of the California Criminal Code apply to a defendant who assaulted an elderly woman for the purpose of having sex with her?
California, United States of America
What is the test for an attempted murder?
California, United States of America
Is a city solicitor’s correspondence with a client confidential?
Ontario, Canada
Can a will instructions given to a lawyer be admitted to probate?
Manitoba, Canada
Is it a violation of the California State Bar to suspend an attorney for defending a plaintiff in a libel case?
California, United States of America
What are general damages for pain and suffering?
Nova Scotia, Canada
What is the test for exclusion of evidence in a sexual assault trial?
California, United States of America
Is there any case law where a constructive trust has been ordered in a domestic situation?
Ontario, Canada
Is there any case law where reasons on costs were released?
Ontario, Canada
What is the test for a reasonable suspicion of assault?
MultiRegion, United States of America
Does a physician have a license to inflict medical procedures against your will?
MultiRegion, United States of America
Does a probationer have to undergo alcohol and drug testing if they commit a crime near a school?
California, United States of America
What is the record for certifying an action for medical malpractice?
British Columbia, Canada
How has the court dealt with a motion for security for costs where the discovery is 4 years old?
Ontario, Canada
What is the test to be applied on a rule 21 motion?
Ontario, Canada
What is the test for striking or dismissing a prior conviction?
California, United States of America
Is s. 6 exempt from the Right to Information Act?
New Brunswick, Canada
What is the current state of the law on third party claims for declaratory relief under Rule 22(1)(c)?
British Columbia, Canada
What is the test for determining whether a jury was genuinely deadlocked?
MultiRegion, United States of America
How have courts determined the credibility of witnesses in civil cases?
California, United States of America
What is the test for impartiality in a trial judge?
California, United States of America
Is it appropriate to treat an increase in pre-relationship debt as family debt?
British Columbia, Canada
What is the test for submitting a submission to the Court of Appeal?
Ontario, Canada
What evidence is sufficient to establish a clear breach of the Fence By-law?
Ontario, Canada
What is the appropriate sentence for an appellant who pleaded guilty to four counts of sexual assault?
California, United States of America
Does the testimony of a detective in the case of Jose Rodriguez have to be excluded as unduly prejudicial?
California, United States of America
What is the test for admitting evidence of an obsession with murder?
California, United States of America
Does counsel need to press habeas corpus claims requested by their client?
California, United States of America
What is the lawfulness of a search de novo?
MultiRegion, United States of America
Can an action be maintained to recover damages arising from a failure to comply with the Safety Appliance Act?
"New York", United States of America
What is the role of the parenting status quo on an interim motion?
Ontario, Canada
What is the legal test for discretion of a judge in a personal injury case?
California, United States of America
Does the arrest and subsequent courts-martial of a person who masqueraded as a military officer affect the conviction of the person who was arrested?
MultiRegion, United States of America
How have courts interpreted the scope of the three strikes law?
California, United States of America
Does the failure of a prosecutor to separate a separate trial from a single trial affect a jury's verdict?
California, United States of America
What are the elements of a felony-murder special-circumstance allegation?
California, United States of America
Can a lawyer be held liable for a binding deal that was negotiated prior to the lawyer even being retained?
Ontario, Canada
Does a plaintiff have to respond to a Defendant's statement stating that the material facts contained in that statement are to be admitted as a matter of law?
MultiRegion, United States of America
What is the proper test for future earning capacity?
British Columbia, Canada
Is an affidavit supporting probable cause supported by probable cause insufficient?
California, United States of America
What is the test for discharging a bankrupt who has been found guilty of gross misconduct?
Alberta, Canada
Is there any case law where a motion to continue sealing a search warrant affidavit has been successful?
California, United States of America
What is the test for determining whether a defendant was sane at the time of the trial?
California, United States of America
What is the test for an application to vary a spousal support order?
British Columbia, Canada
Is a defendant's failure to file a verified denial of a release?
California, United States of America
What is the test for dismissing a motion for malicious conduct?
California, United States of America
Is a non-custodial parent entitled to regular access to a child?
Ontario, Canada
What is the time limit for an action for injury or death against a health care provider based upon professional negligence?
California, United States of America
How have courts interpreted the meaning of the phrase "page 4" in the context of an application for relief?
MultiRegion, United States of America
Is it error for the judge to fail to tell the jury that the jury did not have to make the inference of importation from the fact of possession?
MultiRegion, United States of America
What is the standard of review under the anti-SLAPP law?
California, United States of America
Is an employee's status as a qualified individual with a disability an element of the prima facie claim for discrimination or failure to provide a reasonable accommodation?
California, United States of America
What is the test for determining attorneys' fees?
MultiRegion, United States of America
Can a defendant argue on appeal that due process required exclusion of evidence?
California, United States of America
Does the adjudicator have any bias in her interventions?
Ontario, Canada
Can a report commissioned by legal counsel after issues of coverage had been determined be protected by litigation privilege?
British Columbia, Canada
What is the doctrine of recent possession?
Ontario, Canada
Can a probation officer conduct a presentence interview in the context of the trial of guilt or innocence?
California, United States of America
Is there insufficient evidence to convict appellant of intimidation of a witness under section 136.1 of the Criminal Code?
California, United States of America
What are the legal tests for determining whether a third party has a duty to exercise ordinary care not to injure another person?
California, United States of America
What is the test for determining the propriety of a trial judge's discovery order?
California, United States of America
Does a plaintiff have an obligation to take all reasonable measures to reduce her damages?
British Columbia, Canada
Is a massage therapist who admonishes a plaintiff to avoid activities that exacerbate neck and shoulder pain?
British Columbia, Canada
What is the test for determining whether a spouse is entitled to spousal maintenance?
British Columbia, Canada
What is the scope of the federal anti-discrimination act in its current form?
MultiRegion, United States of America
Is it a crime to transport an illegal alien out of the country on humanitarian grounds?
MultiRegion, United States of America
Under what circumstances will a judge suspend trial proceedings and conduct a competency hearing if there is substantial evidence of incompetence?
California, United States of America
What is the test for admissible evidence in an assault case?
California, United States of America
Does a party have a right to object on the basis of forfeiture?
California, United States of America
Is a defendant entitled to a fair trial but not a perfect one?
California, United States of America
What is the legal test for granting leave to proceed with an appeal?
British Columbia, Canada
What is the test for a jury to convict an appellant of sexual assault?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the test for admitting evidence of hearsay in a criminal case?
California, United States of America
What is the current state of the law regarding post-verdict scrutiny of jurors?
MultiRegion, United States of America
Does the fact that a defamation claim does not set forth a reasonable cause of action concerning malicious prosecution taint the plea of defamation?
Manitoba, Canada
What is the standard of review for an arson case?
California, United States of America
Can a prior felony conviction be used to impeach the appellant?
California, United States of America
In what circumstances will a defendant be able to plead not guilty under duress?
California, United States of America
Is there any case law where a plaintiff has been involved in four motor vehicle accidents?
British Columbia, Canada
What is the importance of confidentiality in the relationship between a solicitor and client?
Ontario, Canada
Is felony murder in the course of a robbery a theft-related crime?
California, United States of America
Is a declaratory remedy available without a cause of action available?
Newfoundland and Labrador, Canada
Does a police interview a person who was the focus of a criminal investigation need to be in custody?
California, United States of America
Is there any case law where an expert testified in support of a claim of prejudice?
California, United States of America
What are the principles that govern the assessment of future care costs?
British Columbia, Canada
What is the test for making a criminal threat?
California, United States of America
What is the test for an affirmative defense in an anti-SLAPP motion?
California, United States of America
What is the test for a waiver of indictment by a grand jury?
"New York", United States of America
What is the reasonable hourly rate for an out-of-forum lawyer?
MultiRegion, United States of America
What is the test for influence over disposition of an estate?
British Columbia, Canada
What is the burden of proving a defendant's waiver of Miranda?
California, United States of America
What is the current state of the law on the issue of secondary evidence?
Ontario, Canada
