Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
Can a temporary judge order a money judgment or prejudgment interest?
California, United States of America
Can a defendant's motive for murder be considered a factor in determining his sentence?
California, United States of America
In what circumstances will section 1001.36 of the Criminal Code apply to appellant?
California, United States of America
Is a non-resident ratepayer entitled to quash the by-laws of the corporation to which he pays rates?
Nova Scotia, Canada
How have the courts interpreted the findings of an inquiry committee in a finding of negligence?
British Columbia, Canada
What standard of review applies to the consent of a witness?
MultiRegion, United States of America
What is the standard of review for a decision by a Superintendent of Motor Vehicles in a bar case?
British Columbia, Canada
What is the test for reasonable suspicion in a vehicle search?
MultiRegion, United States of America
What is a lay witness's right to have an opinion?
California, United States of America
What are the findings of credibility of the learned trial judge in an appeal?
Saskatchewan, Canada
What is the test for probable cause of arrest?
California, United States of America
What is the test for an act in furtherance of a person's right of free speech in connection with a public issue?
California, United States of America
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court?
California, United States of America
What is the current state of California Three Strikes sentencing for a third strike offender who is convicted of possession of a firearm?
California, United States of America
Does a defendant have to waive the former jeopardy defense if they failed to assert it before trial?
MultiRegion, United States of America
What is the test for a jury to determine whether a defendant has a right to use excessive force in self-defense?
California, United States of America
Can non-insane automatism be a defence in a civil case?
Ontario, Canada
What constitutes an aggravated felony under the Controlled Substances Act?
MultiRegion, United States of America
What is the test for staying a sentence under section 654 of the Criminal Code?
California, United States of America
Is there any case law where a defendant agreed to pay interest on a loan?
Saskatchewan, Canada
What is the standard of care required for a doctor to ask a patient for consent?
British Columbia, Canada
Is a bank negligent in not informing the borrower of the change in prime rate?
Saskatchewan, Canada
Can a judge reverse or modify another judge's ruling?
California, United States of America
Does physical sexual assault violate the Eighth Amendment?
MultiRegion, United States of America
What is the test for awarding costs at a hearing?
Ontario, Canada
What is the sentence for a 17 year old who pled guilty to attempted murder after shooting a man multiple times with a crossbow?
Nova Scotia, Canada
What is the test for a claim of error on appeal that is not specifically and distinctly argued in appellant's opening brief?
MultiRegion, United States of America
What is the consequence of appellant failing to object to the admission of the challenged testimony?
California, United States of America
What is the test for entitlement to prospective loss?
Manitoba, Canada
Is there any case law where a defendant has been convicted of assault with a utility knife?
California, United States of America
What is the test for determining whether a defendant's statements were voluntary?
California, United States of America
Does Section 235.10(1) of the North Carolina Code of Civil Procedure, which prohibits sex offenders from possessing obscene material, violate the constitution, or is unconstitutional?
"New York", United States of America
What is the impact of a cold record on the testimony of a witness in a civil case?
MultiRegion, United States of America
Can a prosecutor be found guilty of misconduct if he or she attacks the integrity of defense counsel?
California, United States of America
Does the Attorney General have jurisdiction to issue a criminal conviction assessment or a restitution fine?
California, United States of America
What is the test for criminal negligence in the context of battery on a peace officer?
California, United States of America
How has the Court considered the argument that appellant waived his right to counsel at trial?
California, United States of America
What is the test for cross-examination in the context of evidence that contradicts an opposing witness?
Ontario, Canada
What is the minimum instruction for a jury to raise a reasonable doubt in a criminal case?
British Columbia, Canada
Can a surviving partner buy out the deceased partner’s share?
Ontario, Canada
Is a trial judge's decision to limit cross-examination permissible?
MultiRegion, United States of America
How have the courts interpreted the trespass instruction in a personal injury case?
California, United States of America
What is the initial burden of establishing a prima facie case of sexual discrimination?
MultiRegion, United States of America
What is the test for using heat of passion as a partial defense to the crime of attempted murder?
California, United States of America
What is the test for a motion for a mistrial?
California, United States of America
What is the limitation period for an action under the New York State Vehicle Licensing Act?
MultiRegion, United States of America
What is the effect of the new 270 F. 390 rule on the admissibility of evidence in civil cases?
MultiRegion, United States of America
What is the test for determining non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
Is tainted evidence admissible if it was discovered by the police through lawful means?
California, United States of America
What is the test for a partial rescission of arrears under a child support order?
Ontario, Canada
What is the test for estimating future loss of pecuniary value?
British Columbia, Canada
What is the diminished capacity defense?
California, United States of America
What is the scope of review in this case?
California, United States of America
What is the test for a conviction for assault with a deadly weapon?
California, United States of America
How is child support calculated in a split custody or 40% access case?
British Columbia, Canada
What are the case-specific facts in a civil case?
California, United States of America
What is the test for establishing whether a grand jury was properly constituted?
MultiRegion, United States of America
What is the legal difference between an unmarried mother and her illegitimate child?
Saskatchewan, Canada
Can a private party bring an action to enjoin future violations of section 6152 of the California Business and Professions Code?
California, United States of America
What is the test for reasonable suspicion?
California, United States of America
What is the test for assessing the government's countervailing interests against the individual's privacy rights?
California, United States of America
What is the test for a strike in a notice of civil claim?
British Columbia, Canada
What is the test for determining whether a defendant has been convicted of a sexual assault?
MultiRegion, United States of America
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work?
California, United States of America
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"?
California, United States of America
Can an accused be found guilty of assisting in the commission of an offence?
California, United States of America
What is the test for establishing that a common design or plan is a greater degree of similarity than an uncharged misconduct allegation?
California, United States of America
What is the test for admitting a witness who has admitted that they have no memory of the event?
California, United States of America
What is the test to determine whether a plaintiff has an impairment that limits their ability to work?
MultiRegion, United States of America
In what circumstances will a plaintiff not be able to bring a claim against the manufacturer of a vehicle for damages?
California, United States of America
What constitutes a breach of standard of care by failing to reach a diagnosis in a timely manner?
British Columbia, Canada
Can a court order a sale under the Bankruptcy Consolidation Act, 12 & 13 Vict. 106, to be executed?
Ontario, Canada
What are the requirements for a jury to find a defendant guilty of a felony based special circumstance in a kidnapping-murder case?
California, United States of America
How do we evaluate jury instructions in a civil trial?
MultiRegion, United States of America
How have the courts interpreted sentencing provisions in this case?
California, United States of America
What is the definition of “obstructing”?
Northwest Territories, Canada
What is the test for a plaintiff who seeks to hold a prison official liable for deliberate indifference?
California, United States of America
What is the factor considered in determining whether a delay in responding to an application is prejudice to responding parties?
Ontario, Canada
What is the test for a plaintiff to sue an insurer for failure to provide proper cause for a loss under a policy of good faith and fair dealing?
California, United States of America
Does a certification under Rule 23(c) make the Class the attorney's client?
MultiRegion, United States of America
What is the duty of the insured in the event of an accident in which the insured is injured?
Alberta, Canada
What is the test for a motion to stay or dismiss on forum non conveniens grounds?
California, United States of America
Is consent by the client to a fee-sharing agreement sufficient to satisfy former rule 2-200?
California, United States of America
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state?
California, United States of America
What is the test for an upper term for abuse of power?
California, United States of America
What is the test for judicial deference in determining whether a statutory interpretation is reasonable or unreasonable under reasonableness review?
Nova Scotia, Canada
Is a denial of a motion for a new trial an abuse of power?
MultiRegion, United States of America
Can provocation reduce first degree murder to second degree murder?
California, United States of America
Is a unanimous jury required in criminal cases?
California, United States of America
How does a court review a judgment dismissing a complaint after the granting of a demurrer without leave to amend?
California, United States of America
Can a defendant who assaulted a security officer who was trying to recover merchandise he had concealed and taken from the store without paying for it be convicted of petty theft?
California, United States of America
What is the test for determining liability as an aider and abettor of a robbery?
California, United States of America
Is there a tort for breach of statutory duty?
Ontario, Canada
When will a court rescind a maintenance order against the wife?
British Columbia, Canada
What rules apply to our interpretation of the California Constitution?
California, United States of America
Is a defendant's past history of non-violent criminal conduct sufficient to warrant a longer sentence under the Three Strikes Act?
California, United States of America
What is the test for sufficiency of evidence in a medical malpractice case?
California, United States of America
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court?
MultiRegion, United States of America
When will a judge be barred from making comments in the courtroom that constitute "extrajudicial bias"?
MultiRegion, United States of America
What are the findings of a motion to overturn a conviction for sexual assault brought by an appellant in the Superior Court of Appeal?
California, United States of America
What is the test for inspecting a store's premises in the context of a medical malpractice case?
MultiRegion, United States of America
What is the test for determining the credibility of evidence in a medical malpractice case?
California, United States of America
Can a municipality's elected mayor be disqualified from office for voting on a bylaw in which it is alleged he has a pecuniary interest?
British Columbia, Canada
What is the test for the classic double bind?
Saskatchewan, Canada
Can the courts rewrite or amend a statute to avoid constitutional questions?
MultiRegion, United States of America
What is the burden of proof in probation revocation hearings?
California, United States of America
Can a child witness provide unsworn testimony in a sexual assault case?
Ontario, Canada
Can a plaintiff plead a redundant cause of action?
California, United States of America
Is a .38 Special revolver recovered during a search of a gun store a crime scene?
California, United States of America
What is the state of the law in relation to mental health care?
MultiRegion, United States of America
What criteria is used to determine whether a judge should grant approval for a motion to appoint a new judge?
California, United States of America
Is there an error of law or jurisdiction in a trial judge's decision not to issue a search warrant for a fishing trawler?
Nova Scotia, Canada
What is the "mailbox rule" applied in pro se prisoner filing cases?
MultiRegion, United States of America
Does the Strumsky decision apply to a review of an administrative decision?
California, United States of America
Does a defendant's criminal record have any prejudicial effect?
California, United States of America
How have the courts interpreted the intent element of attempted murder?
California, United States of America
What is the test for federal intervention in a habeas case?
MultiRegion, United States of America
Can a state court rely on federal authority to grant a habeas corpus relief?
MultiRegion, United States of America
Does the Attorney General's contention that defendant forfeited the claim of juror misconduct by failing to include it in his written new trial motion?
California, United States of America
What is the proper procedure to stay execution of a sentence for multiple convictions for the same criminal offence?
California, United States of America
Does a plaintiff need to inform another governmental agency that they are a whistle-blower to qualify for whistleblower protection?
California, United States of America
When will a court order a sale of the assets of a partnership?
Ontario, Canada
What is the test for jury verdicts in medical malpractice cases?
California, United States of America
How have courts interpreted the distinction between "separate occasions" under Section D of the Criminal Code?
California, United States of America
What is the test for compliance with section 1237.5 of the California Penal Code?
California, United States of America
Can the consent of the petitioner be separated from illegal police conduct?
California, United States of America
What is the test for reversal of a finding in a medical malpractice case?
California, United States of America
Is section 172.1 of the Criminal Code of Canada constitutionally valid?
Ontario, Canada
How to dispose of the allegations of the crime charged and the acts constituting the crime?
"New York", United States of America
In a motion to appeal against the conviction and sentence of a convicted rapist, how have the appellate courts dealt with the issue?
California, United States of America
Is there any case law in which a defendant was convicted of possession of cocaine base for sale?
California, United States of America
What is the common law test for admitting a spontaneous or excited utterance as an exception to the hearsay rule?
Ontario, Canada
What is the test for obtaining an injunction in a personal injury matter?
Saskatchewan, Canada
What is the effect of an appeal against an order to dismiss the claims of BNR?
British Columbia, Canada
Does a judge have discretion in failing to grant an evidentiary hearing?
MultiRegion, United States of America
What is the test for finding that the principles of constructive, implied or resulting trust are an alternate remedy under the provisions of the Family Law Act, 1986?
Manitoba, Canada
What is the test for disqualifying counsel in a criminal case?
MultiRegion, United States of America
Does the presumption of intent to trespass apply in the context of a contract of insurance?
California, United States of America
In what circumstances will a severance motion be refused?
Ontario, Canada
Is a rule of evidence that denies the jury access to clearly probative and reliable evidence a heavy burden of justification?
California, United States of America
Does Section 190.3 of the California Code of Civil Procedure apply to a defendant in a death penalty case?
California, United States of America
What is the test for making an adverse credibility finding?
MultiRegion, United States of America
Does a judge have jurisdiction to appoint a child support commissioner as a temporary judge?
California, United States of America
How have the courts treated evidence in this part of a criminal case where a witness gave evidence of the extent of a search of a property in which there were no residents?
"New York", United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
How does the substantial evidence rule apply in an appeal?
California, United States of America
Can a respondent bring a cross-appeal on costs before the main appeal is heard?
British Columbia, Canada
What is the test for third party culpability in a criminal case?
California, United States of America
What is the legal basis for spousal support obligations?
British Columbia, Canada
How have courts interpreted exclusionary clauses in contracts?
British Columbia, Canada
Is there a difference between the use of land by the government and its use by the owner of the land?
MultiRegion, United States of America
What is the test for a failure to instruct on a lesser included offense?
California, United States of America
What is the quantum of spousal support awarded to the petitioner?
Saskatchewan, Canada
What is the legal test for a facial attack to challenge jurisdiction under Rule 12(b)(1)?
MultiRegion, United States of America
Is there a defense that would support a finding that the offense was less than charged?
MultiRegion, United States of America
What is the test for summary adjudication in a personal injury case?
California, United States of America
What is the test for establishing procedural unconscionability?
California, United States of America
Is an expert’s opinion based on hearsay?
British Columbia, Canada
What is the duty of care of a non-contractor of a potential tortfeasor?
British Columbia, Canada
Does section 654 of the California Criminal Code bar multiple punishment where intent to commit robbery and rape was formed after intruders entered the residence?
California, United States of America
What are the remedies for a public nuisance under the California Civil Code?
California, United States of America
How have conspiracy allegations been treated in a motor vehicle accident case?
Ontario, Canada
How have the courts interpreted the words "within the power of one side to produce" in a civil case?
British Columbia, Canada
What are the factors used to determine general damages in a motor vehicle accident?
British Columbia, Canada
What is the current state of the law in this case?
MultiRegion, United States of America
Does a judge have the power to overturn a judgment of death in a death penalty case?
California, United States of America
What is the current state of the law in the context of a search for weapons by a police officer?
California, United States of America
Is there a bar to a plaintiff’s claim in the absence of a traumatic event?
Nova Scotia, Canada
Is a tortfeasor liable for the full extent of a plaintiff's damages?
British Columbia, Canada
What is the test for making a criminal threat?
California, United States of America
What is the current state of the law on inducement by the police?
California, United States of America
Can a motion for a new trial be granted if the trial was not fair to the moving party?
MultiRegion, United States of America
What is the burden of establishing that Page 8 error is reversible?
California, United States of America
What is the current state of the law on admitting photographs of a victim?
California, United States of America
How have courts interpreted the principle of "good conscience” in the context of an action for the return of an unsecured loan?
Saskatchewan, Canada
What are the costs of an application seeking damages from the Respondents?
Ontario, Canada
Are felony drunk driving counts in a motor vehicle case that include the manslaughter of a pedestrian?
California, United States of America
Is excluding evidence pursuant to the Charter a matter of law?
British Columbia, Canada
Does a distributorship agreement that does not provide for termination of a distribution agreement have to be terminated?
MultiRegion, United States of America
Is a plaintiff entitled to punitive damages in a motor vehicle accident?
California, United States of America
What is the test for a motion to overturn a conviction for murder based on perjured testimony?
California, United States of America
What jurisdiction does an arbitrator have over conditions of employment?
Ontario, Canada
What is a genuine contract of service?
Canada (Federal), Canada
What are the relevant factors for a custody application?
Nova Scotia, Canada
Is a power of attorney required to execute a transfer?
Alberta, Canada
What is the burden to establish acceptance of a contract?
Ontario, Canada
Is a builder entitled to recover from a builder who has failed to complete the work on time?
British Columbia, Canada
What is the test for a buyer in a real estate transaction?
British Columbia, Canada
What is the test for a class definition in a medical malpractice action?
Ontario, Canada
Does an accomplice have to be convicted of a charge under the California Penal Code?
California, United States of America
Does defendant have to be held liable for theft from the body of a dead person if he is convicted of the crime of aiding and abetting his own escape?
California, United States of America
In what circumstances will the juvenile court grant a motion to prevent the District Attorney from presenting the evidence against appellant?
California, United States of America
How have courts dealt with allegations of misconduct in closing argument?
California, United States of America
In what circumstances will a court refuse to allow a mother of two to move with her children to the United States?
Ontario, Canada
Does a consensual judgment supersede that of an arbitrator?
"New York", United States of America
What is the burden of proof against City Breeze?
California, United States of America
How have courts interpreted the rule of liberal construction in civil rights cases?
MultiRegion, United States of America
Does the "reasonable diligence" requirement apply to a retrial?
California, United States of America
Can a statement of claim be a demand for payment?
Alberta, Canada
What is the test for imputing income where a party has stopped working because of addiction issues and depression?
British Columbia, Canada
