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.
Does Section 51 of the California Code of Civil Procedure apply to mobilehome parks?
California, United States of America
What is the test for admissible propensity evidence in a domestic violence case?
California, United States of America
What is the role of a guardian ad litem in a civil case?
California, United States of America
What is the test for appeal against a finding that a judge committed a “palpable and overriding error” on the basis of error?
New Brunswick, Canada
What is the implied warranty of fitness, merchantability and durability in a commercial contract of purchase?
British Columbia, Canada
What is the test for ineffectiveness of counsel in a criminal case?
Alberta, Canada
Can a federal district court deny a habeas application?
MultiRegion, United States of America
What is the standard of review for abuse of discretion in an evidentiary case?
California, United States of America
Is there any case law where a plaintiff has been successful in a cy près distribution case?
Ontario, Canada
What is the test for determining whether a defendant is liable for causing the death of a plaintiff by careless driving?
California, United States of America
Does a statement of reasons need to be included in the minutes of a school?
California, United States of America
When determining whether the evidence was sufficient to sustain a criminal conviction, what is the test for reversal?
California, United States of America
When a prison officer is accused of excessive force, what is the standard of inquiry?
MultiRegion, United States of America
How have courts interpreted "due process" in the context of social security entitlement claims?
California, United States of America
What is the test for future damages in a motor vehicle accident?
California, United States of America
What are the factors used to determine whether a defendant had the requisite intent to commit a motor vehicle theft?
California, United States of America
What is the standard of reference to cases that have been fully cited?
Alberta, Canada
What is the effect of collateral estoppel on a motion for habeas corpus?
MultiRegion, United States of America
What is the futility exception in the context of a claim for damages where the remedy is inadequate or unavailable?
California, United States of America
What is the current state of the law on cruel and unusual punishment?
Alberta, Canada
What is the test for determining whether a complaint will survive a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
When will the court apportion the assets of a married woman who is suffering from multiple sclerosis?
British Columbia, Canada
Does disclosure to the Attorney General affect First Amendment rights?
MultiRegion, United States of America
Is a burglary of a commercial or residential building a crime involving moral turpitude?
MultiRegion, United States of America
What is the test for making an award of attorney's fees under appeal?
California, United States of America
What is the test for granting a motion to traverse a search warrant?
California, United States of America
Does a defendant have to prove that the police acted in bad faith in failing to preserve or preserve potentially useful evidence?
California, United States of America
What is the proper procedure for a plaintiff to apply for disability benefits when new evidence is not probative of the initial determination?
MultiRegion, United States of America
What constitutes a first degree murder?
California, United States of America
Does a search warrant need to be broad and specific?
MultiRegion, United States of America
How have the courts treated photo lineups in criminal cases?
California, United States of America
Is a hard drive a “document”?
British Columbia, Canada
What is considered a "delicate balance of factors" in medical malpractice cases?
British Columbia, Canada
What is the "condition of youth" in the context of jury selection?
California, United States of America
If a section of the New York State Code of Civil Procedure is ambiguous, what is the test for assessing the meaning of the statute in its current form?
MultiRegion, United States of America
Is counsel ineffective for failing to argue that the evidence was insufficient to support an armed bank robbery conviction?
MultiRegion, United States of America
What are the findings of an independent review of the record?
California, United States of America
Is there any basis in law or fact for defendant's claim that the consideration for the lease was inadequate?
California, United States of America
What is the test for a motion to quash service of process on jurisdictional grounds?
California, United States of America
What is the test for a motion to quash service of process for lack of jurisdiction?
California, United States of America
What findings must a trial court make to satisfy the "detailed findings of fact" requirement in subdivision (a)(2) of section 6305 of the California Child Protection Act?
California, United States of America
What is the test for wilful infliction of mental distress?
British Columbia, Canada
Is an instant insurance policy limited to liability for injuries sustained by a plaintiff in a motor vehicle accident?
California, United States of America
When a defendant argues on appeal that the evidence is insufficient to support their conviction, how does the court review the evidence?
California, United States of America
What is the test for establishing that there is no evidence supporting the presumption of absolute rule of law?
Ontario, Canada
Where a rule of decisional law is enunciated as an application of previously existing principle, must it be applied in all open cases?
California, United States of America
What is the burden of proof on appeal?
California, United States of America
Does the presumption of resulting trust apply in real estate transactions?
British Columbia, Canada
What is the test for an encroachment on a private right-of-way?
Ontario, Canada
Is a recipient of a disability benefit entitled to a hearing to appeal the action?
California, United States of America
What is the test for excluding "prejudicial" evidence at trial?
California, United States of America
What is the impact of a settlement in a class action?
MultiRegion, United States of America
Is a prison official liable for deliberate indifference for failing to treat an inmate?
MultiRegion, United States of America
What is the law the court must apply when considering retroactive child support orders?
Nova Scotia, Canada
What is a decedent's successor in interest in a wrongful death action?
California, United States of America
Does Defendant have any grounds to argue that the jury instruction was legally deficient or biased?
California, United States of America
Is a litigant entitled to be present in the room to advise and instruct a lawyer examining an opposing party?
Ontario, Canada
What is the test for excluding character evidence in a criminal case?
California, United States of America
What is the test for establishing that a photograph or film is probative?
California, United States of America
Is a defendant's contention that an error in judgment is harmless beyond a reasonable doubt?
California, United States of America
Does the Attorney General have an obligation to strike each contested cause of action before, at or after the AGNS has made a certification motion?
Nova Scotia, Canada
Does a search warrant that fails to particularly describe the items to be seized need to be reviewed de novo?
MultiRegion, United States of America
Can a police officer obtain a search warrant for a person on active parole?
California, United States of America
Can the statute of limitations be tolled because the government knew of the negligence of the rangers?
MultiRegion, United States of America
Is there any case law where an accomplice has been found guilty of a crime?
California, United States of America
What is the effect of a District Court's assumption of jurisdiction de novo on a probation violation?
MultiRegion, United States of America
When a witness at the preliminary hearing is unable to testify at trial, can the former witness be used at trial?
California, United States of America
What is the test for prejudicial evidence in a personal injury case?
California, United States of America
Does a party have standing to challenge the legality of a warrantless search?
MultiRegion, United States of America
Does the word "penal" mean creating a disability or forfeiture?
Alberta, Canada
In what circumstances will a court decline to certify punitive damages?
Ontario, Canada
What is the current state of the law on sentencing for interference in the democratic process?
Ontario, Canada
Is the felony-murder rule valid?
California, United States of America
What is the test for estoppel to prevent a defendant from asserting the statute of limitations?
California, United States of America
What is the test for determining if a City of Toronto has been found to have acted improperly or unreasonableness in its planning application?
British Columbia, Canada
What is the difference between a federal court's construction of a plea agreement and a federal plea agreement?
MultiRegion, United States of America
Does the respondent have to consider whether the respondent has a capacity to bear the costs of an application?
British Columbia, Canada
What is the test for class membership identification?
Ontario, Canada
Can a defendant be found guilty of forcible oral copulation during the commission of a burglary?
California, United States of America
What are the legal principles for variation and review?
British Columbia, Canada
What is the test for establishing that there is an actual conflict in representation?
MultiRegion, United States of America
Are fees and expenses reasonable and necessary?
MultiRegion, United States of America
What is the test for making a temporary order for support?
Ontario, Canada
What are the factors used in determining a disposition order granting permanent custody to the Director of Children's Services?
Prince Edward Island, Canada
How have courts reviewed ineffective assistance of counsel claims?
MultiRegion, United States of America
What is the test for a motion for judgment of acquittal under section 1118.1?
California, United States of America
What is the test for a dismissed employee to mitigate their damages by returning to work for the same employer?
Ontario, Canada
Is it a fundamental civil and legal right to communicate in confidence with one's legal advisor?
British Columbia, Canada
What is the burden of proving an error in a motion?
California, United States of America
What is the test for obtaining a search warrant to search a person's home for documents that identify him?
California, United States of America
Does a court have authority or authority to enforce a contract where the Corporation of the Village of Dunnville signed and used an article in the Corporations Act, 8.R. 524?
Ontario, Canada
What is the standard of review on appeal of a question of law?
Ontario, Canada
What is the corpus delicti rule?
California, United States of America
What is the effect of the Conveyancing Act, 1881, on a plaintiff's ability to obtain relief against forfeiture?
Saskatchewan, Canada
What is the test for paying attorney's fees and costs in a restraining order?
California, United States of America
Does a prosecutor improperly use peremptory challenges to systematically exclude Hispanics from the jury?
California, United States of America
What are the grounds for entitlement to support in the context of employment law?
British Columbia, Canada
What are the general principles of a motorcyclist's liability in a collision involving a truck driver?
British Columbia, Canada
What is the effect of section 352 of the California Code of Civil Procedure on a jury?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the standard of review in the context of a compassionate release application?
MultiRegion, United States of America
Is a District Court's decision not to grant a motion under Former Rule 35(a) reviewed for abuse of discretion?
MultiRegion, United States of America
What is the test for constructive notice in a motor vehicle accident?
"New York", United States of America
What are the elements of Plan 712 used to determine the location of a fence between Lots 4 and 25 on a parcel of land where a fence was put up to the east of the property line?
British Columbia, Canada
Does a district attorney's petition to extend appellant's commitment violate the September 19, 1980 plea bargain?
California, United States of America
Can a property be disposed of solely by chance?
Alberta, Canada
What is the gravamen of the crime of membership of a street gang?
California, United States of America
What is the test for reweighing the evidence at the BC Workers’ Compensation Appeal Tribunal?
British Columbia, Canada
Does common law admissibility of declarations made in the course of duty?
British Columbia, Canada
Is there any case law in which a jury has found that a party who is not moving has a valid claim against the non-moving party in a dispute?
MultiRegion, United States of America
What is the legal test for determining whether a defendant is liable for a motor vehicle accident?
Ontario, Canada
What is the test for a jury to uphold a first degree murder verdict?
California, United States of America
What is the burden of proving ineffective assistance of counsel?
California, United States of America
Can a defendant be granted probation under Proposition 36 even if they have been convicted of a minor motor vehicle violation?
California, United States of America
What is the test for joining a party?
British Columbia, Canada
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend?
California, United States of America
What is the test for admitting a letter from the mother of deceased Pamela as evidence in a murder trial?
California, United States of America
What is the test for a writ of habeas corpus in a double jeopardy case?
MultiRegion, United States of America
What is the burden of establishing that an inmate has failed to exhaust the administrative review process?
MultiRegion, United States of America
Does the crime scene need to be sufficient to establish "act tending to demonstrate aiding and abetting"?
California, United States of America
What is the test for a motion to modify a child support order?
"New York", United States of America
Is a witness inadmissible unless he has personal knowledge of the matter?
California, United States of America
What constitutes ineffective assistance to the court in granting probation to a defendant?
California, United States of America
What is the test for a result-based construction of a patent application?
Canada (Federal), Canada
What is the test for "substantially complying" with federal laws and regulations regarding AFDC?
MultiRegion, United States of America
In what circumstances has the Law Society of BC suspended for a month and ordered costs for professional misconduct associated with accounting rule breaches?
British Columbia, Canada
Can gang evidence be used to prove a defendant has a criminal disposition and so must be guilty of the charged crimes?
California, United States of America
What is the test for a claim of insufficient evidence in a criminal case?
California, United States of America
What is the standard of review for discovery orders?
California, United States of America
What are the reasons for a summary judgment motion?
Ontario, Canada
Does a guilty plea need to be accepted by the trial judge?
Saskatchewan, Canada
What is the test for producing documents in a personal injury action?
British Columbia, Canada
What is the test for establishing a nexus between a particular social group and a Convention ground?
Canada (Federal), Canada
When a defendant moves for a new trial based on juror misconduct, can the trial court conduct an evidentiary hearing?
California, United States of America
What is the test for an apparent consent to sexual touching?
Ontario, Canada
How much is a plaintiff's contributory negligence when they are not wearing a seatbelt?
Alberta, Canada
What is the test for making an income and expense declaration in a marital dissolution proceeding?
California, United States of America
Can a magistrate judge amend or amend a Family Law Review?
MultiRegion, United States of America
What is the test for a jury to find that a murder committed for financial gain was intentional?
California, United States of America
What is the credibility of a witness at trial?
British Columbia, Canada
Is there any case law in which a defendant has been found guilty on substantive counts of conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is the current state of the law on hearsay in the context of criminal convictions?
California, United States of America
Is a parent's death a factor in determining the outcome of an adoption?
"New York", United States of America
What is the burden of proving an individual's claim of economic losses against a defendant?
California, United States of America
Does the award of punitive damages in a personal injury action constitute excessive?
California, United States of America
Can a defendant who made "bizarre statements or actions taken in isolation" remain competent to stand trial?
California, United States of America
What is the presumption of recent possession of a firearm?
MultiRegion, United States of America
Can a defendant be punished for both conspiracy to commit murder and the lesser charge of attempted murder?
California, United States of America
What is the test for provocation in a "heat of passion" case?
California, United States of America
What is the test for following the original order?
Saskatchewan, Canada
Is necessity a defense in a sexual assault case?
California, United States of America
What are the findings of the Court of Appeal in determining there was no instructional error and no prejudice?
California, United States of America
In what circumstances will a trial court limit defense counsel's closing argument for abuse of power?
California, United States of America
In what circumstances will a police officer be able to search a person's lunchbox without a warrant?
California, United States of America
When will a court revoke a defendant's probation and sentence him to prison for failing to complete drug treatment?
California, United States of America
What is a physician's duty of inquiry?
Alberta, Canada
Can a driver who has a history of prior DUI convictions be found guilty of causing death by dangerous driving?
California, United States of America
What is the current state of the law in Canada on medical malpractice?
Alberta, Canada
What is the test for leave of appeal?
Alberta, Canada
What are the elements of a claim for misrepresentation?
MultiRegion, United States of America
Can a principal be charged as a principal in a criminal case?
California, United States of America
In a motor vehicle accident, can a 26 year old woman resume full-time employment after suffering from chronic neck and shoulder pain?
British Columbia, Canada
What is the test for reasonable belief in an unrepresented plaintiff?
Alberta, Canada
Does the Luce rule govern the case at bar?
California, United States of America
What is the test for determining the credibility of a prosecutor in a criminal case?
California, United States of America
Does a motion for reconsideration give parties a second bite at the apple?
MultiRegion, United States of America
What is the test for the doctrine of courts of equity to withhold relief from those who have delayed the assertion of their claims for an unreasonable amount of time?
MultiRegion, United States of America
When will the jury be instructed that evidence that shows no more than an indiscriminate attack is insufficient to prove specific intent to maim?
California, United States of America
Does a motion in limine for abuse of power precludes the presentation of a defense?
MultiRegion, United States of America
What is the test for jury instructions in a murder case?
California, United States of America
What is the test for a plaintiff to sue the Church of Scientology?
British Columbia, Canada
Does a motion for leave to appeal require costs to be awarded?
Ontario, Canada
What is the test for reasonable and probable grounds in a sexual assault case?
Ontario, Canada
Is there any case law where a defendant has been convicted of battery, spousal battery, resisting arrest, and battery on a police officer?
California, United States of America
What is the test to qualify as a district in which the action might have been brought?
MultiRegion, United States of America
What is the test for probable cause in a search and seizure?
California, United States of America
How have courts interpreted statutory references to the Penal Code?
California, United States of America
What is the legal test for a marriage that is alleged to be void?
Ontario, Canada
When is a bill of lading silent as to the time the consignee must discharge the ship’s cargo?
Saskatchewan, Canada
Is a cursory examination of a tax statute sufficient to invalidate a claim?
MultiRegion, United States of America
What are the factors used in determining non-pecuniary damages?
British Columbia, Canada
What is the test for admitting or denying evidence obtained in violation of the Fourth Amendment?
MultiRegion, United States of America
Does a jury have to understand and follow the court's instructions?
California, United States of America
What is the test for seizure of property under the Fourth Amendment?
MultiRegion, United States of America
Does plaintiff have authority to sign an arbitration agreement on behalf of her deceased husband?
California, United States of America
What is the effect of a trial court's failure to sustain a defendant's evidentiary objections?
California, United States of America
Is a motion to quash an appeal on the basis that the order is interlocutory in nature?
Ontario, Canada
Is there any case law or case law in which costs have been awarded?
British Columbia, Canada
When will a court order a defendant to work to pay their attorney fees?
California, United States of America
What is the impact of medical malpractice on a patient's mental health?
California, United States of America
What is the standard of review applied in a murder case?
California, United States of America
Does the death penalty have to be used as a deterrent to the crime of robbery?
California, United States of America
What is the effect of Rule 33 on a motion for a new trial?
MultiRegion, United States of America
What are some cases that have been decided in the US Supreme Court?
MultiRegion, United States of America
What remedy is available to a defendant who has been convicted of grand theft?
California, United States of America
Is an appellate tribunal permitted to substitute its judgment for that of a trial judge?
California, United States of America
What is the test for determining whether a plaintiff has been diagnosed with a brain injury?
Ontario, Canada
What is the effect of section 1387 of the California Criminal Code on the prosecution of a defendant who has been found not guilty of a charge under Section 1387?
California, United States of America
What is the current state of the law on constitutional amendments?
Northwest Territories, Canada
What are the reasons why defense counsel opted not to object during the prosecution's rebuttal argument?
California, United States of America
