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 a court have a sua sponte duty to instruct on the meaning of "reasonable prospect of an acquittal"?
California, United States of America
What is the test for awarding special costs in a personal injury action?
British Columbia, Canada
In what circumstances will the police be able to stop and question the driver of a car in front of the vehicle after the vehicle has been stopped by the police?
Saskatchewan, Canada
What is the test for assessing shares in a company?
Alberta, Canada
What is the difference between a shoplifter and a burglar?
California, United States of America
What is the test for an individual to be charged with an attempted murder?
MultiRegion, United States of America
What is the test for determining whether a prosecutor's remarks were offensive or offensive to a jury?
California, United States of America
Does an extraction of blood "taken by a physician in a hospital environment according to accepted medical practices" constitute a "reasonable manner" under the Fourth Amendment?
California, United States of America
How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified?
British Columbia, Canada
What is the test for damages for restitutio in integrum?
British Columbia, Canada
What is the scope of appellate review for the first and second determination in a motor vehicle accident?
MultiRegion, United States of America
What is the statute of limitations for an action brought by a plaintiff who sustained a long-term disability as a result of a motor vehicle accident?
California, United States of America
Is there any case law where the special circumstance allegation that the murder was committed for financial gain not true?
California, United States of America
Is propensity evidence admissible in a criminal case?
California, United States of America
Does a judge have to make a finding of fact in a transfer hearing?
MultiRegion, United States of America
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury?
British Columbia, Canada
What is the test for admitting evidence in a civil case?
California, United States of America
What is the test for removing two African-American jurors from a jury?
California, United States of America
What is the test for probable cause to arrest an individual without a warrant?
MultiRegion, United States of America
What are the reasons for disbelieving the accused's version of events?
British Columbia, Canada
Does a jury have to instruct the jury on self-defense and defense of others?
California, United States of America
What is the test for reinstatement of a probationary employee?
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 effect of the Eighth Amendment on sentences that are grossly disproportionate?
California, United States of America
What is the test for accessory to a crime?
California, United States of America
Does a parole violator have a statutory right to a preliminary hearing?
MultiRegion, United States of America
What is the meaning of the word "agreement" in common law?
Alberta, Canada
What is the legal basis for spousal support?
British Columbia, Canada
What is the test for ineffective assistance in a civil case?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for overturning a probation sentence based on a single factor in aggravation?
California, United States of America
What is the test for proving that a fee charged by a rate-fixing body is reasonable, fair and lawful?
California, United States of America
What is the test for establishing a reasonable excuse in a criminal case?
Saskatchewan, Canada
What is the test for a prima face duty of care?
Ontario, Canada
What is the burden of rebutting a victim's statement of losses?
California, United States of America
In what circumstances will an administrative mandamus judge not lie?
California, United States of America
What is the test for determining whether a defendant can be convicted of a lesser included crime under section 1097 of the California Public Prosecutions Act?
California, United States of America
What is the test for admitting "prejudicial" evidence in a civil case?
California, United States of America
Does the Fourth Amendment need to be applied in circumstances where a suspect has been arrested?
MultiRegion, United States of America
What is the test for granting pro se litigant leave to amend their complaint?
MultiRegion, United States of America
What is the test for establishing a violation of a prisoner's right to access to court?
MultiRegion, United States of America
Does section 654 of the California Criminal Code apply to false imprisonment?
California, United States of America
What is the test for notice of an action pending before a judge?
California, United States of America
What is the test for determining whether the definition of spouse is unconstitutional?
British Columbia, Canada
Does a proposed defendant have to pay for damages in a case where no valid cause of action is made out as against him?
Ontario, Canada
Is negligent infliction of emotional distress a tort?
California, United States of America
What is the standard of review for an inference of fact?
British Columbia, Canada
What is the standard for determining the impartiality of a judge?
MultiRegion, United States of America
What is the test for a challenge to the sufficiency of evidence to support a conviction?
California, United States of America
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase?
MultiRegion, United States of America
In what circumstances will a police officer be permitted to enter a person's home from a peephole?
California, United States of America
What constitutes misconduct on the part of litigants?
British Columbia, Canada
What is the test for determining whether a party has negated the opponent's claims?
California, United States of America
What is the test for a foreign divorce?
Ontario, Canada
Does Section 1985(2) of the California Civil Code require access to federal courts?
MultiRegion, United States of America
What is the test for "willfulness" in a criminal tax case?
MultiRegion, United States of America
Can a defendant be charged under section 254(5) of the Criminal Code for refusing to supply a breath sample pursuant to a breathalyzer demand?
Nova Scotia, Canada
Does the date plaintiff signed his petition to be sent to prison authorities under the prison mailbox rule?
MultiRegion, United States of America
What is the test for successfully challenging a guilty plea based on ineffective assistance of counsel?
MultiRegion, United States of America
What is the test for determining whether a plaintiff’s claim of causation in a medical malpractice case is based on the risk factors associated with increased risk of adverse effects?
British Columbia, Canada
What is the relationship between a victim of sexual assault and her abuser's mobile phone?
Nova Scotia, Canada
Can a reviewing court substitute its opinion for that of the trial court?
California, United States of America
Does the description of the legal basis of the petition fail to articulate the legal grounds to be advanced?
British Columbia, Canada
What is the impact of a motor vehicle accident on a plaintiff’s mobility impairment?
British Columbia, Canada
What is the test for following too closely and not being prepared for emergent contingencies?
British Columbia, Canada
Does the Attorney General have grounds to impeach a defendant for committing a robbery prior to the crime?
California, United States of America
What is the test for a cause of action against a hospital?
California, United States of America
Can a plaintiff revive an expired cause of action under a continuing breach theory?
MultiRegion, United States of America
What is the current state of the law in Canada with respect to the College of Pharmacy?
Ontario, Canada
Is there any case law in which a spouse has been granted a reapportionment in favour of their spouse to allow them to retrain to work?
British Columbia, Canada
What is the test for 'premeditated, deliberated, or harbored malice aforethought' when a specific intent crime is charged?
California, United States of America
What is the test for a finding of guilty beyond a reasonable doubt?
California, United States of America
What is the proper procedure for a motion to vacate a final judgment?
"New York", United States of America
What is the common law principle of equitable estoppel?
Ontario, Canada
Can a defendant who prevails on an anti-SLAPP motion recover his or her attorney's fees and costs?
California, United States of America
Does a complaint that does not state any cognizable cause of action against a defendant and fails to set forth any clear demand for damages support a default judgment?
California, United States of America
What is the test for giving a jury a self-defense instruction sua sponte?
California, United States of America
Does section 654 of the California Criminal Code prohibit punishment for both making a criminal threat and an attempted extortion?
California, United States of America
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang?
California, United States of America
What is the effect of CALCRIM No. 357 on the doctrine of making an adoptive admission?
California, United States of America
What is the test for resentencing when a sentence has been stricken on review?
California, United States of America
Does an administrator have a conflict of interest in their work?
MultiRegion, United States of America
What is the test for deferential abuse of discretion?
California, United States of America
Can a motor vehicle driver who is travelling at 110 kilometres per hour in a 90 kilometre per hour zone cause a collision with a moose?
British Columbia, Canada
What is the basis for a proposed amendment to the statement of defence of champerty and maintenance?
Saskatchewan, Canada
What is the test for establishing that a right to keep and bear arms is a fundamental, individual right?
MultiRegion, United States of America
What is the test for an application for refugee status in Canada?
Canada (Federal), Canada
What is the test for closing an access road without a court order?
Ontario, Canada
How have the courts treated a prosecutor's appeal to the jurors' sympathy for the victim during closing argument?
California, United States of America
Is there any evidence of duress, or of preventing the grandchildren from seeking and obtaining information from the grandchildren?
Ontario, Canada
In a motion to remand the matter for resentencing, will the case be returned to the trial judge?
California, United States of America
Is a motorist's failure to have a driver's license sufficient to be considered a suspect in a grand theft case?
California, United States of America
Does the Attorney General have any liability in advising a defendant not to enter into evidence that he was convicted of a sexual assault prior to trial?
California, United States of America
Can an action brought in the name of an assignee under the insolvent law of another state be brought in a different state?
"New York", United States of America
Can relevant evidence be excluded on the basis of judicial review?
Alberta, Canada
Is a physician's assistant considered a "acceptable medical source" for medical malpractice claims?
MultiRegion, United States of America
How have courts interpreted the rule of causation in cases involving multiple defendants?
MultiRegion, United States of America
Is a defendant permitted to argue that the trial court erred by allowing introduction of testimonial details of prior convictions?
California, United States of America
What is the risk of making a full credit bid against a borrower?
California, United States of America
What is the appropriate notice period for a 45 year old man who has been working for the same company for 11.5 years?
British Columbia, Canada
Can a prosecutor and defendant enter into a negotiated disposition that expressly recognizes or acknowledges a dispute or uncertainty about the trial court's authority to impose a maximum sentence?
California, United States of America
What is the test for a prison official to be found guilty of cruel and unusual punishment under the Eighth Amendment?
MultiRegion, United States of America
How have courts found detention of a defendant insufficiently supported?
California, United States of America
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, pursuant to section 1170.1?
California, United States of America
Can a defense counsel request an admonition from the trial court for failing to timely object to challenged testimony?
California, United States of America
What is the burden of pleading specifically in a fraud case?
California, United States of America
Does a self-represented prisoner's notice of appeal in a criminal case need to be delivered to prison authorities by mail?
California, United States of America
What is the test for constructive possession of land?
MultiRegion, United States of America
What is the test for establishing a subclass in a class action?
California, United States of America
Can a plaintiff bring an action against Chronicle of California for failure to prosecute under Code of Civil Procedure section 583?
California, United States of America
Can a trial judge be barred from proceeding on the principle that a reasonable apprehension of bias exists?
Alberta, Canada
What is the "commuted value" under section 9.1 of the Ghanaian Constitution?
Ontario, Canada
What is the test for the doctrine of imperfect self defense?
California, United States of America
What are the consequences of a statutory breach?
British Columbia, Canada
What is the meaning of section 667, subdivision (e)(2)(C)(iv)(VIII) of the California Criminal Code when it refers to the offender's prior convictions?
California, United States of America
Can a defendant waive his right to be personally present during trial?
California, United States of America
Can a prosecutor comment on a witness's credibility?
California, United States of America
Is a defendant's claim that he has been denied pretrial bail moot?
MultiRegion, United States of America
Can a plaintiff plead a cause of action that may be available to other persons in different circumstances?
British Columbia, Canada
What is the test for a motion to substitute an attorney for a defendant in a personal injury case?
California, United States of America
What are some cases where the court ordered reapportionment of property in favour of one spouse where there was a significant difference in contributions from the spouses to the acquisition and maintenance of the property?
British Columbia, Canada
Does a claim against the prison medical authorities regarding treatment provided by a patient with mental health problems under Section 1983 of the Mental Health Act?
MultiRegion, United States of America
What is the burden on a motion to dismiss under section 27(1)(c)?
British Columbia, Canada
Is the prosecution's failure to provide timely discovery of the proposed propensity evidence in a civil case?
California, United States of America
What is the "highest degree of deference" given to a determination under s. 27(1)(c) of the Human Rights Code?
British Columbia, Canada
What is the test for giving effect to every word of a statute?
MultiRegion, United States of America
Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply when a crime is committed only for personal reasons?
California, United States of America
What is known as "Double dipping" in the context of spousal support?
British Columbia, Canada
Can a tortfeasor benefit from the sacrifices made by a plaintiff in obtaining insurance to provide for lost wages?
British Columbia, Canada
Does a defendant have to prove that he was serving a sentence when he filed a petition under section 1170.18, subdivision (a) of the California Criminal Code?
California, United States of America
What is the test for reversing a finding that a defendant is a member of a criminal street gang?
California, United States of America
Can a penalty for a delay in furnishing medical treatment be increased or reduced?
California, United States of America
What is the effect of having an associate physician testify before a jury?
"New York", United States of America
What is the test for a waiver of the Fifth Amendment privilege?
California, United States of America
Is count 5 bad by reason of multiplicity or duplicity?
Alberta, Canada
What is the standard for making a "clear showing" of oppression and vexation of a defendant in a civil case?
MultiRegion, United States of America
What is the test for admissibility and weight of evidence in a family law case?
British Columbia, Canada
What is the standard of review for a motion for writ of administrative mandate?
California, United States of America
Is there any case law where the police have been ordered to seize evidence at issue?
California, United States of America
What is the impact of s. 30 assessments on a patient?
Ontario, Canada
Is a federal sentencing scheme that allows a federal judge to impose a sentence above the statutory maximum based on a fact other than a prior conviction?
California, United States of America
Can a jury consider whether provocation was sufficient for heat-of-passion voluntary manslaughter?
California, United States of America
Is a prosecutor permitted to vouch for the credibility of his or her witnesses?
California, United States of America
Does the Attorney General have discretion to grant forgiveness under section 241(f)(1) of the Ontario Civil Code?
MultiRegion, United States of America
What is the test for a plaintiff to sue a local governmental entity for failing to comply with their obligations under the Civil Code of Civil Procedure?
MultiRegion, United States of America
What is the test for determining whether a spouse is in breach of their matrimonial obligation?
Ontario, Canada
Does a judge have to make a distinction between a home and a building?
British Columbia, Canada
What is the estimated time of trial for a civil jury application?
Alberta, Canada
Is a federal court's sentence for violation of supervised release an abuse of discretion?
MultiRegion, United States of America
What constitutes a reasonable use of a residential property by a neighbour?
California, United States of America
Is exhaustion of remedies required for a prisoner to obtain relief from the Court of Appeal?
MultiRegion, United States of America
What discretion is exercised in denying a motion to amend a motion?
MultiRegion, United States of America
How does the necessity defense apply in a motor vehicle accident case?
MultiRegion, United States of America
How have the claims of the Eberts against the Aitchisons regarding the sloping floor of their home been interpreted?
British Columbia, Canada
Does a defendant have a right to confront or confront a witness who has made out-of-court statements and adoptive admissions?
California, United States of America
Can an employer be held liable for paying travel expenses for an off-duty police officer's injuries to innocent third parties?
California, United States of America
In what federal conspiracy cases have the jury been instructed to convict a defendant of conspiracy to commit a crime based only on "slight evidence"?
California, United States of America
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant?
California, United States of America
Is an agent a dependant contractor for an insurance company?
Ontario, Canada
Is there an "insurance exception" where a plaintiff receives insurance from a defendant?
British Columbia, Canada
What is the legal test for sufficiency of evidence to support a first degree murder judgment on a premeditation theory?
California, United States of America
What is the test for an unlicensed salesman to be licensed to sell real property?
Saskatchewan, Canada
Is an order of restitution an abuse of discretion?
MultiRegion, United States of America
Does a defendant have any right to make a claim that any due process has been forfeited?
California, United States of America
What is the test for determining whether a defendant's storage of plastic materials in violation of California Fire Code section 57.20 was the proximate cause of a plaintiff's injuries?
California, United States of America
Is a trial court's erroneous instruction adding an extra element to a plaintiff's burden of proof harmless?
MultiRegion, United States of America
Is a jury wrong to convict a defendant on the basis of a theory that fails to come within the statutory definition of a crime?
California, United States of America
Is denial of a motion for continuance an abuse of power?
MultiRegion, United States of America
What is an "overriding error" in a finding of fact?
Ontario, Canada
What is the effect of the expansion of the City of Regina on the value of a parcel of land in the path of urban development?
Alberta, Canada
Can a policeman listen at an open window even though standing in the owner's flower bed?
Alberta, Canada
What is the test for retroactive retroactive effect of a statute?
California, United States of America
What remedies are available in discovery cases where an order of the trial court granting discovery allegedly violates privilege?
California, United States of America
What is the test for preferred evidence in a sexual assault case?
Ontario, Canada
Is a habeas corpus review available for injuries that arise out of or in the course of activity incident to service?
MultiRegion, United States of America
Does Defendant have to make a specific objection to the admission of evidence or exclusion of evidence?
California, United States of America
What is the test for peremptory challenges in civil cases?
California, United States of America
What factors will be taken into account in determining mobility issues?
Ontario, Canada
Is there a conflict of interest between counsel and counsel?
California, United States of America
How have courts dealt with misstatements made by a prosecutor in a criminal case?
California, United States of America
Is a defendant's right to present a defense through the testimony of his or her witnesses valid?
California, United States of America
Does the statute of limitations apply to a federal habeas petition?
MultiRegion, United States of America
What is the standard for determining the validity of a guilty plea?
California, United States of America
What are the current rules of the California Court of Appeal regarding the finality of a final judgment?
California, United States of America
In a civil case, in what circumstances will a jury be allowed to overturn a finding of not guilty of misconduct?
California, United States of America
What is the test for improper use of the word "frivolous" in the context of Rule 11 violations?
MultiRegion, United States of America
What considerations must be considered in determining the suitability of a retroactive award of spousal support?
British Columbia, Canada
Is a defendant's right to testify in his own defense justified when the trial court rejects a request by the defense to reopen his case?
California, United States of America
What is a material witness in a criminal case?
California, United States of America
What is the test for punitive or exemplary damages?
British Columbia, Canada
Does an employer have a duty to accommodate?
Ontario, Canada
Does a judge have to provide an abstract of judgment reflecting 23 actual days of custody credit?
California, United States of America
Does a defendant need to register as a sex offender pursuant to section 290 of the California Child Protection Act?
California, United States of America
Can a search warrant be used to relocate a person who has been detained for more than 24 hours after refusing to consent to a search?
MultiRegion, United States of America
Is a violent felony to benefit a criminal street gang a crime?
California, United States of America
What is the test for a breach of contract?
New Brunswick, Canada
How have courts treated criticism of legislation in the context of legislation being challenged in the courts?
California, United States of America
What is the burden on Defendant to qualify for COVID-19?
MultiRegion, United States of America
What is the test for sole conduct of sale?
British Columbia, Canada
What is the test for establishing the insanity defense?
MultiRegion, United States of America
