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.
Is a defendant competent to represent himself in a criminal proceeding?
MultiRegion, United States of America
Is a defendant who pleads justification as a defence considered to have republished a libel and to have aggravated damages?
British Columbia, Canada
Is a finding of bad faith destruction of evidence sufficient to dismiss a criminal case?
California, United States of America
What is the current state of the law in relation to Miranda warnings?
California, United States of America
What is the test for establishing a single conspiracy?
MultiRegion, United States of America
Is an application for attorney's fees an incident of a motion to dismiss on the ground of inconvenient forum?
California, United States of America
Is there a reasonable likelihood the prosecutor's remarks to the jury misled the jury?
California, United States of America
Can a defendant appeal against his sentence for the murder of a pedestrian who was struck and killed by a car?
California, United States of America
What are the factors used to determine whether a plaintiff has a valid claim against an attorney?
MultiRegion, United States of America
Does an aiding and abetting instruction need to include reference to an act?
California, United States of America
What is the test for determining whether a person can make a claim in a civil case?
California, United States of America
What is the test for obtaining audio evidence at a civil court?
British Columbia, Canada
What is the test for an injunction to prohibit harassment?
Ontario, Canada
What is the impact of a litigant's conduct in court?
Ontario, Canada
Can evidence of a defendant's alleged membership of a criminal gang be used at trial?
California, United States of America
What is the test for determining whether a plaintiff acted reasonably in a motor vehicle accident?
British Columbia, Canada
What privilege does a Department representative have over disclosure in a civil matter?
Saskatchewan, Canada
What is the standard of review of a motion for summary judgment?
British Columbia, Canada
What is the test for dismissing a derivative action for failing to comply with Rule 23.1?
MultiRegion, United States of America
What is the test for an ineffective assistance of counsel claim?
California, United States of America
What is the proper procedure to sentence a defendant for each count under section 654 of the Criminal Code?
California, United States of America
What is the test for a parent to obtain access to their child?
Alberta, Canada
What is the test for a prosecution's theory of first degree murder?
California, United States of America
What is the test for determining whether there is sufficient evidence to support a criminal conviction?
California, United States of America
What is the test for a motion alleging that defendants have engaged in a continuous conspiracy to stifle plaintiff's First Amendment rights?
MultiRegion, United States of America
In what circumstances will the Attorney General argue that there was insufficient evidence in the case of a defendant's palm print?
California, United States of America
What is the state’s interest in preventing crime?
Manitoba, Canada
What is the current state of the law on the capital asset approach?
British Columbia, Canada
What is the implied condition of an express warranty?
Saskatchewan, Canada
What are the elements of a conspiracy to injure a plaintiff?
British Columbia, Canada
What is the test for awarding fees under the California Civil Rights Act for discrimination in employment on the basis of religion?
California, United States of America
What is the test for obtaining medical information from a hospital?
MultiRegion, United States of America
What is the test for a motion to suppress?
MultiRegion, United States of America
Can an individual bring a civil rights action under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
What constitutes an adequate investigation?
British Columbia, Canada
What is the test for a motion to compel a judge to grant a preliminary hearing in a case brought under section 835 of the California Civil Code?
California, United States of America
What is the test for determining whether a lesser offence is necessarily included in a greater offence?
California, United States of America
What is the remedy for breach of contract?
Alberta, Canada
What is the test for a motion to vacate the forfeiture of a bail bond under the abuse of discretion standard?
California, United States of America
What are the grounds for dismissal of an action for failure to state a claim?
MultiRegion, United States of America
Is there any evidence to support a statement of claim?
British Columbia, Canada
What is the test for making a claim on an appeal?
California, United States of America
Is there any case law in which a police force can be held liable for injuries sustained by a fleeing suspect?
California, United States of America
What is the current state of the law on immunity from liability for actions within the scope of jurisdiction?
MultiRegion, United States of America
How has the judge treated class actions in a personal injury case?
British Columbia, Canada
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What is the test for the presumption of gift in transactions involving non-blood related parties?
British Columbia, Canada
What is the test for admissible statements under the coconspirator exception to the hearsay rule?
California, United States of America
What is the test for a motion to suppress?
MultiRegion, United States of America
Are there any precedents for a finding that the crime was only an attempted robbery?
California, United States of America
What is the test for appealing against damages awarded by the Court of Appeal?
Prince Edward Island, Canada
What is the test for making threats of death or bodily harm under the Mental Health Act?
British Columbia, Canada
Does a judge have to take notice of the record in a civil case?
California, United States of America
What is the test for whether a crime of moral turpitude involves fraudulent intent?
MultiRegion, United States of America
Does residential placement need to be considered for educational purposes?
California, United States of America
What factors must be considered to determine whether a witness was able to identify a suspect at the time of the crime?
California, United States of America
Are there any cases where a plaintiff failed to call a long-standing family doctor as a witness?
British Columbia, Canada
Can a court stay punishment for each of the 10 counts of conspiracy to commit robbery under section 654?
California, United States of America
Is there any case law where a jury failed to instruct the jury concerning theft rather than a felony-murder conviction?
MultiRegion, United States of America
Does a clandestine laboratory need to contain all the ingredients and materials needed to make a controlled substance?
California, United States of America
What are the elements of a Pierringer Agreement?
Alberta, Canada
What is the test for damages for defamation when an employee makes a statement that is deemed defamatory?
California, United States of America
Can a habeas petition be dismissed on constitutional grounds?
MultiRegion, United States of America
What is the test for a drug dealer to be convicted of a federal drug trafficking charge?
MultiRegion, United States of America
Does physician privilege apply to the disclosure of confidential information?
California, United States of America
What is the test for determining whether a plaintiff has failed to take reasonable steps to mitigate her loss?
British Columbia, Canada
What is the test for determining whether a sentence is too lenient?
MultiRegion, United States of America
What is the effect of the Bankruptcy Code on a debtor's ability to obtain a new lease of life?
federal, United States of America
When a husband and wife file a joint petition for a homestead exemption, does it matter that they are married?
federal, United States of America
What is the factual basis for a defendant's no contest plea?
California, United States of America
Is an attorney fee provision in a retainer agreement enforceable?
California, United States of America
Is there a sufficient connection between two different legal entities?
British Columbia, Canada
Does a defendant need to show good cause for discovery?
California, United States of America
What is the test for setting aside a search warrant?
California, United States of America
How has the court considered a father's request to have his disabled child enrolled in a school close to his residence?
British Columbia, Canada
How has the court treated the defense counsel's objections in closing arguments?
California, United States of America
What is the testator’s interpretation of a will when he appointed his wife to be his sole executrix and trustee?
Saskatchewan, Canada
Does the failure of a mental health board to declare a patient incompetent for the purpose of dying after the declaration was made?
"New York", United States of America
What is the test for a right to counsel in a civil case?
MultiRegion, United States of America
What is the test for replacement counsel in a personal injury case?
California, United States of America
What is the test for excluding third party culpability evidence in a criminal case?
California, United States of America
What is the test for determining whether to increase or reduce the lodestar in a medical malpractice case?
California, United States of America
What is the effect of a prothonotary’s order in striking off a plaintiff?
Nova Scotia, Canada
What is the test for a plaintiff who fails to allege a chilling effect on their civil action?
MultiRegion, United States of America
What is the proper legal test for setting aside an election?
Alberta, Canada
What rights does an inmate have to a state administrative or disciplinary hearing before he is placed in disciplinary segregation?
MultiRegion, United States of America
Can a vendor's silence or misstatement to a purchaser of a latent defect amount to a misrepresentation?
Alberta, Canada
What is the applicable statute of limitations for wrongful death actions?
California, United States of America
What is the test for a preliminary injunction under the Personal Injury Prevention Act?
MultiRegion, United States of America
What is the test for a plaintiff to recover damages from a defendant for negligence?
British Columbia, Canada
What are the remaining claims in this petition for review?
MultiRegion, United States of America
What is the effect of a motion to dismiss an action brought by plaintiff in a civil case?
MultiRegion, United States of America
What constitutes a substantial burden under the RLUIPA?
MultiRegion, United States of America
Does a criminal conviction for assault have to be considered a serious felony?
California, United States of America
What is sufficient evidence to convict a defendant of second degree murder?
California, United States of America
What is the test for review of an order to appoint counsel for an indigent defendant?
California, United States of America
Is a prosecutor misconduct by misstating the law on reasonable doubt?
California, United States of America
What is the test for habeas corpus relief against the imposition of the upper term?
MultiRegion, United States of America
Is there any difference between a claim at bar and a review of the authorities?
Ontario, Canada
What factors are relevant to a cost determination in a class action?
Ontario, Canada
What are the relevant facts surrounding a conviction for sexual assault under the Criminal Code of Ontario?
California, United States of America
What is the test for overturning a conviction for a lesser offence?
California, United States of America
What is the test for a school's right to prohibit the sale of illegal drugs in the grounds of its primary school?
MultiRegion, United States of America
What is the test for determining whether a defendant was an "organizer, leader, manager or supervisor" of a crime?
MultiRegion, United States of America
How is the test for excessive force applied in a civil case?
MultiRegion, United States of America
What is the test for liability under the "intentional infliction of emotional distress tort"?
MultiRegion, United States of America
What is the test for dismissing one or more strikes 3?
California, United States of America
What is the burden of establishing a class action?
California, United States of America
How have courts interpreted the principle of a plaintiff providing a piano forte to an auctioneer and instructing him to sell it for £40?
Alberta, Canada
What is the effect of deferral of judgment in a sexual assault case?
California, United States of America
What is the test for a search warrant challenged for lack of probable cause?
MultiRegion, United States of America
What is the test for an individual to sue the alleged violator on behalf of him or herself?
California, United States of America
Is reckless driving a general intent crime?
California, United States of America
Is a plaintiff entitled to spousal support on the basis of need?
British Columbia, Canada
What is the test for constructive notice of a lessors’ title?
Ontario, Canada
What is the appropriate sentence for a defendant with three or more prior theft convictions?
California, United States of America
What is the test for involuntary confession in a criminal case?
MultiRegion, United States of America
What is the burden of producing evidence of a condition complained of for at least a sufficient time?
California, United States of America
Can a prosecutor be found guilty of misconduct in cross-examination?
California, United States of America
What is the test for probable cause de novo in a search warrant application?
MultiRegion, United States of America
How have the courts interpreted jury instructions in determining whether a razor blade is a deadly weapon under section 4574 of the Criminal Code?
California, United States of America
Is a unionized employee entitled to a fair representation claim?
Ontario, Canada
Does a judge have jurisdiction to grant bail after conviction if none is given by statute?
Alberta, Canada
What is the test for an application to set aside a Mareva injunction?
British Columbia, Canada
Does the passage of time render the information in a search warrant application stale?
California, United States of America
What is the test for establishing a "pattern" of criminal activity?
MultiRegion, United States of America
Can a police officer recover damages from a tortfeasor for injuries sustained while on duty?
California, United States of America
Can a judge set aside a judgment procured as a result of clerical error?
California, United States of America
What is the test for "buse of discretion" in the context of a motion for reduced sentence under Section 3582(c)(2)(B) of the Criminal Code?
MultiRegion, United States of America
What is the test of reasonable care in medical malpractice cases?
Alberta, Canada
What is the current state of the law in the context of multiple representation cases?
MultiRegion, United States of America
What is the standard of review for a motion to compel for habeas corpus relief?
MultiRegion, United States of America
Does a trial court's invitation to the prosecutor to state his reasons for excusing a prospective juror constitute an implicit finding that appellant has established a prima facie case of intentional racial discrimination?
California, United States of America
What is the appropriate standard of review for an appeal from a judgment refusing judicial review?
Ontario, Canada
Does equitable tolling extend the statute of limitations for an adverse employment action?
MultiRegion, United States of America
What is the limitation period for discovering that there has been a fraudulent concealment of the existence of a cause of action?
Ontario, Canada
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
What is the effect of a trial judge's initial statement to jurors that he thought their penalty verdict was correct?
California, United States of America
What is the test for discrimination in the context of employment law?
Alberta, Canada
What authorities can be used to determine if a person has a valid claim in a civil case?
British Columbia, Canada
What is the test for timely appeal against a prefiling order declaring her a vexatious litigant and an order of dismissal of an action for failure to timely furnish security?
California, United States of America
What is the test for a plaintiff to have a nondiscriminatory "bottom line" as a defense against a disparate impact claim?
MultiRegion, United States of America
What is the standard for a motion for continuance in a civil proceeding?
California, United States of America
What is the test for establishing that poverty is inadmissible to establish motive for robbery or theft?
California, United States of America
What is the meaning of the phrase "extrajudicial mediation"?
California, United States of America
What is the "principal" of the Canadian Human Rights Court?
Ontario, Canada
What is the standard of damages for pain and suffering suffered by a plaintiff in a medical malpractice case?
British Columbia, Canada
What is the test for appealing a district court's denial of a writ of habeas corpus?
MultiRegion, United States of America
Does the good faith defense apply to claims for denial of constitutional rights based on excessive force and malicious prosecution?
MultiRegion, United States of America
In what circumstances will a police officer be allowed to question a person in the street in the middle of the night?
California, United States of America
What is a right to life engaged where a law or state action imposes death or a increased risk of death on a person?
British Columbia, Canada
Can restitution be ordered only for the criminal conviction for the same criminal offence for which the criminal charges were dismissed?
MultiRegion, United States of America
What is the test for appointing a receiver in a civil action?
California, United States of America
What is the effect of Section 28(d) of the California Constitution on the retroactive retroactivity of Proposition 8?
California, United States of America
What is the test for a court to vary a custody order?
British Columbia, Canada
What is the test for a motion for judgment as a matter of law de novo?
MultiRegion, United States of America
Is Marcus a protected defendant under the Insurance Act?
Ontario, Canada
How have courts dealt with a default judgment in a personal injury case?
California, United States of America
How have courts treated fees and fines in a personal injury case?
California, United States of America
Is it sufficient to make an alteration material if in the words of Halsbury's words it "varies the legal position of the parties as ascertained by the deed in its original state"?
New Brunswick, Canada
What is the test for proving prima facie discrimination?
British Columbia, Canada
Can a finding of a crumbling skull affect damages?
British Columbia, Canada
Does a court's order for a surety to release a defendant's bond materially increase the surety's risk on the bond?
California, United States of America
Is a defendant entitled to an objection at trial when the prosecution fails to disclose to the defense the facts supporting the objection?
California, United States of America
In what circumstances will a district court dismiss a petition for writ of habeas corpus on grounds of procedural default?
MultiRegion, United States of America
Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court?
California, United States of America
Does a mother have to plead guilty to Endangering the Welfare of the Child?
"New York", United States of America
What is the impact of a court order requiring a party to disclose their income before the date of the order is made?
British Columbia, Canada
What is the legal test for redacting documents or disclosing part of a document?
British Columbia, Canada
What is the test for striking out a statement of claim and action?
British Columbia, Canada
What is the current state of the law on the meaning of Rule 51?
MultiRegion, United States of America
What is the burden of proving error in a motion?
California, United States of America
What is the range of general damages awarded by a federal court against plaintiffs in a motor vehicle accident?
MultiRegion, United States of America
Does the Attorney General have the authority to ask the Court of Appeal to consider the merits of a motion brought before it on an appeal?
California, United States of America
Is the Minister required to prove that there is a debt in order to be successful in a personal injury claim?
Canada (Federal), Canada
Is a failure to exercise exercise or abuse of power?
California, United States of America
What is the sufficiency of evidence to prove constructive possession?
MultiRegion, United States of America
How have courts reversed a judgment of dismissal under section 583 of the Code of Civil Procedure?
California, United States of America
Can a teacher be liable as an accessory after the fact for lying to police about a completed crime?
California, United States of America
What is the test for damages for breach of contract?
Saskatchewan, Canada
How has the court treated evidence of physical abuse in a sexual assault case?
California, United States of America
In a sexual assault case, is a defendant permitted to refer to his failure to introduce evidence that was excluded on the prosecutor's motion?
California, United States of America
What is the effect of admitting DNA test results as an exhibit?
California, United States of America
What is the test for finding employment termination for a person who is physically disabled?
Ontario, Canada
What is the burden of proving that a marriage-like relationship commenced in September or November 2000 when she moved into the old house as a renter?
British Columbia, Canada
Does the statute requiring that the judge who made the order for a stay have to hear the application for the stay?
British Columbia, Canada
In what circumstances will a plaintiff be able to bring an application for damages against a defendant in the Superior Court of Justice?
Saskatchewan, Canada
What is the test for reducing a criminal conviction to a "misdemeanor for all purposes" under section 1170.18 of the California Criminal Code?
California, United States of America
Is there any case law where an applicant has been denied a security classification because he never received the scoring matrix that was used in reassessing his security classification?
Canada (Federal), Canada
Can a plaintiff plead himself out of a claim by including details contrary to his claims?
MultiRegion, United States of America
What is the range of damages available in defamation cases?
British Columbia, Canada
Does the California State Bar have the power to amend a complaint to include a violation of the Rule of Professional Conduct?
California, United States of America
What is the test for determining whether a trial judge's findings and conclusions of fact have been shown to be wrong?
British Columbia, Canada
What is the difference between a plaintiff at bar and plaintiff in a personal injury case?
Manitoba, Canada
What is the test for severance under the doctrine of severance?
British Columbia, Canada
What is the test for apportioning damages between tortious causes and non-tortious causes?
Newfoundland and Labrador, Canada
Does Use and transactional immunity protect a witness against prosecution related to his compelled testimony?
California, United States of America
What are the costs of a certification motion?
Ontario, Canada
Is there any case law where the arresting officer has been found liable for failing to follow his own instructions?
MultiRegion, United States of America
What is the test for a prohibition on smoking cigarettes in public places?
Alberta, Canada
