Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the current state of the law on consultation between expert and counsel?
California, United States of America
Does the admission of two recorded statements in a civil case constitute a due process violation?
California, United States of America
How have appellate courts treated ineffective assistance of counsel?
California, United States of America
What is the test for a writ of habeasas corpus?
MultiRegion, United States of America
Does a prosecutor's comment on defendant's right not to testify constitute harmless error?
California, United States of America
What is the test for "litigation which achieves some of the benefit" of a plaintiff's claim?
MultiRegion, United States of America
Can an employer force an employee to work overtime?
California, United States of America
Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency?
MultiRegion, United States of America
What is the current state of California Labor Code version of retaliation against an employee who reports to a government agency?
California, United States of America
Is a public official entitled to make a statement that is not protected by the First Amendment?
MultiRegion, United States of America
How has the court treated cross-examination in the context of sexual assault?
MultiRegion, United States of America
What common law is the common law with respect to domestic animals?
Saskatchewan, Canada
What is the test for determining whether a plaintiff has unreasonably failed to take steps that would have reduced her damages?
British Columbia, Canada
What is the test for punitive damages in civil law?
"New York", United States of America
Does the preference of a child of nine matter?
British Columbia, Canada
Can a defendant appeal an assault with a deadly weapon conviction?
California, United States of America
What is the test for an application for a civil jury in a motor vehicle accident?
Alberta, Canada
What is the test for reversing a finding that a witness has credibility issues?
California, United States of America
Does counsel's refusal to renew his objection because it was so forcefully presented and unequivocally rebuffed by the court that it was apparent that further efforts to object would be unavailing?
MultiRegion, United States of America
What is the impact of non-compliance of disclosure rules in the context of family law?
Ontario, Canada
What is the test for forfeiture of evidence in a criminal case?
California, United States of America
What is the test for admitting new evidence in a sexual assault case?
Ontario, Canada
What is the test for an abuse of discretion standard?
MultiRegion, United States of America
What is the test for determining whether prejudice arose from juror misconduct?
California, United States of America
What is the common law principle of discoverability?
Nova Scotia, Canada
What is the test for a defendant to waive his right to self-representation?
MultiRegion, United States of America
Does the double jeopardy clause apply to forfeiture proceedings?
California, United States of America
How have courts dealt with injuries sustained by the victim in a motor vehicle accident?
"New York", United States of America
What is the test for obtaining the consent of a creditor in a personal injury case?
"New York", United States of America
In what circumstances will a court invalidate a joint venture agreement?
California, United States of America
What is the test for invalidating a sentence that violates fundamental notions of human dignity?
California, United States of America
How much of a prosecutor's vouching implies that the prosecutor has extra record knowledge of or the capacity to monitor the witness?
MultiRegion, United States of America
What is the test for premeditation and deliberation in a murder case?
California, United States of America
How will the US Supreme Court uphold a conviction for sexual assault?
MultiRegion, United States of America
What is the test for punitive damages in a civil case brought by a plaintiff against a defendant for failing to protect her from the effects of abortion?
MultiRegion, United States of America
What is the standard of argument on appeal?
California, United States of America
Is there any authority for the proposition that a trial court must instruct the jury regarding crimes that do not constitute sexually violent predatory criminal behavior?
California, United States of America
What is the test for consistent administrative construction of a statute?
California, United States of America
What is the burden of incompetence of counsel on a motion for a new trial?
California, United States of America
What is the test for establishing that a verified memorandum is prima facie evidence of proper charges?
California, United States of America
What is the prosecutor's duty to disclose impeachment evidence to the defense?
California, United States of America
What is a parent's moral obligation to Jacob and Jedidiah?
British Columbia, Canada
Does Section 1385, subdivision (b)(1)(1) of the Criminal Code apply to a defendant who has a prior conviction for assault?
California, United States of America
What is the test for drafting a warrant that identifies "articles in general terms" that are not necessarily connected with a crime?
California, United States of America
In what circumstances will a defendant be excused from a jury for failing to object to a prosecution argument?
California, United States of America
What is the proper test to apply on a Rule 21 motion?
Ontario, Canada
What is the proper procedure for sentencing a defendant who has been convicted of several counts that fall within the purview of Penal Code section 654?
California, United States of America
What is the impact of persistent, unfounded allegations against the owner of Sze Hang Holding?
British Columbia, Canada
What is the test for establishing that evidence is sufficient to establish that a plaintiff has a valid case law?
California, United States of America
What is the test for establishing a minimum lot size under section 993 of the Local Government Act?
British Columbia, Canada
What is the test for determining retroactive application of an amendment to the criminal statute?
California, United States of America
What is the test for proving deliberate indifference by an inmate to a prison official?
MultiRegion, United States of America
What is the effect of a lien on a contract where the contract is not completed until the return of return work is completed?
Alberta, Canada
Is there any case law in which the Court of Appeal has found an absence of jurisdiction or excess of jurisdiction?
Alberta, Canada
How have courts treated expert testimony in the context of police investigations and subsequent court proceedings?
California, United States of America
What is the meaning of a motion for review?
California, United States of America
Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing?
California, United States of America
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions?
California, United States of America
What is the test for admissibility of expert testimony in a medical malpractice case?
California, United States of America
What is the effect of late disclosure on a motion for summary judgment?
Nova Scotia, Canada
How have courts dealt with discovery motions for abuse of discretion?
California, United States of America
What is the range of damages awarded by a federal district court against a fraudulent insurer?
MultiRegion, United States of America
Can causation be established where the actions of a defendant materially contributed to the occurrence of damage or injury?
British Columbia, Canada
When will a judge order a competency hearing against a defendant?
California, United States of America
Does a defendant have a right to exercise their right to plead guilty to a motion of acceptance of responsibility?
MultiRegion, United States of America
What is the burden of proof for a plaintiff in a motor vehicle accident insurance claim?
California, United States of America
What is the test for reviewing substantive legislation?
British Columbia, Canada
What is the test for a unionized employee to take their grievance to arbitration?
Canada (Federal), Canada
What is the test for a charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is the test for determining the amount of spousal support awarded on appeal?
California, United States of America
Is there corroboration of the material issues raised in the pleadings?
Alberta, Canada
What is the test for a sexual assault case where a defendant raped a woman and forced her to orally copulate him?
California, United States of America
How have courts interpreted unanimity instruction in cases where a defendant was convicted of resisting a peace officer?
California, United States of America
In a receivership application, is the receiver required to make a full and complete disclosure of the receivership's assets?
British Columbia, Canada
Can a waiver and plea agreement be relied upon as evidence of a waiver of the right to appeal the sentence?
California, United States of America
What is the test for a negligence cause of action?
California, United States of America
What is the test for assessing individual privacy rights under the Fourth Amendment?
MultiRegion, United States of America
What are the elements of a felon in possession of a firearm?
California, United States of America
Can a motion for pretrial discovery be made after the first witness has testified at the preliminary hearing?
California, United States of America
Does facial evidence have to be considered sufficient to support an allegation of indecent exposure?
"New York", United States of America
Can a court make a vesting order to ensure payment of equalization payments where the payor is unknown?
Ontario, Canada
In a personal injury case, what is the difference between an examination for discovery and an interrogatory?
British Columbia, Canada
What is the test for an application for review of an order of a chambers judge?
British Columbia, Canada
What is the burden on each side in a fee application?
MultiRegion, United States of America
Does a court have to strike pleadings under R. 19(24) of the Criminal Code?
British Columbia, Canada
What is the test for an equal protection claim under the equal protection principles when a defendant is convicted of receiving a stolen vehicle?
California, United States of America
What evidence does the court need to consider when it is appropriate to hold a preliminary hearing before the jury?
California, United States of America
How have courts treated cases involving police officers in the past?
California, United States of America
Can a subdivision of a state sue the other half of the state?
MultiRegion, United States of America
What is the test for determining whether a defendant's intent and objective was determined by a jury?
California, United States of America
What is the current state of the law on jury confusion?
MultiRegion, United States of America
What is the test for determining whether a victim of sexual assault is entitled to restitution?
California, United States of America
Can a jury in a civil case overturn a conviction for failing to follow a jury instruction?
MultiRegion, 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 test for calculating the cost of loss of a person’s income as a result of a motor vehicle accident?
Alberta, Canada
What is the scope of an action brought by a property located close to the rail tracks?
British Columbia, Canada
Is there a common plan or design in a murder case?
California, United States of America
Can a plaintiff claim punitive or exemplary damages for non-compensatory losses?
Ontario, Canada
Does an argument based on equal protection or due process need to be duplicated?
MultiRegion, United States of America
What is the test for representativeness in a jury?
British Columbia, Canada
What is the test for reversing a conviction for driving with a .08 percent blood alcohol level and causing injury?
California, United States of America
What is the test for an individual to exercise his right to exercise their right to participate in a civil procedure?
MultiRegion, United States of America
Is there any case law that supports a defendant's claim he acted under distress and misapprehension concerning the terms of his plea agreement?
California, United States of America
Is it improper for a prosecutor to misrepresentate the standard of reasonable doubt?
California, United States of America
What is the test for determining whether a municipal authority has been negligent in dealing with a complaint of non-repair or hazard?
Ontario, Canada
What is the impact of a contract that is varied at will?
British Columbia, Canada
What is the burden placed upon the recipient of a gift?
British Columbia, Canada
Can an agent or employee of an insurance company become a named party in the action?
MultiRegion, United States of America
Is a renewal of a promissory note made and payable in Canada payable in a foreign country a good consideration for the renewal?
British Columbia, Canada
If a plaintiff's homemaking/housekeeping capacity has been diminished, is that a separate compensation for that loss?
British Columbia, Canada
How have courts dealt with conflicting evidence in this case?
California, United States of America
What are the rules of appellate procedure for representing themselves in a personal injury case?
California, United States of America
What is just and convenient to amend the pleadings of a plaintiff's application to amend to include a third piece of property and a water lease?
British Columbia, Canada
Is there any case law or case law that would have changed the disposition of a defendant in a civil case?
California, United States of America
How does the Court of Appeal review a claim of insufficient evidence to sustain a finding of guilt?
California, United States of America
Is a realtor required to give a written notice of intent to sell a property to the purchaser by email or facsimile?
Alberta, Canada
How does the Court of Appeal review mixed questions?
MultiRegion, United States of America
In what circumstances will a judge award a reduced sentence to a defendant convicted of robbery and a less serious crime?
California, United States of America
What is the effect of section 47 of the California Civil Code on access to the courts?
California, United States of America
What is the test for a claim for the division of family assets?
British Columbia, Canada
What is the current state of the law on executory arbitrations?
MultiRegion, United States of America
Does a court err when it refuses to use black-and-white photographs of a crime scene to "sanitize" the crime scene by trying to disguise blood?
California, United States of America
When a court sustains a demurrer without leave to amend, what is the burden of proving that the amendment would cure the defect?
California, United States of America
Is voluntary intoxication a defense in general intent crimes such as assault with a deadly weapon?
California, United States of America
What are the elements of the crime of possession with intent to distribute cocaine?
MultiRegion, United States of America
Does a defendant have to prove that he served a prison term for a prior conviction for assault?
California, United States of America
What is the test for proving that an inmate has a serious medical need?
MultiRegion, United States of America
What is the test for declaring a mistrial when a jury indicates that it is deadlocked?
MultiRegion, United States of America
What evidence has been found that no reasonable juror would have found petitioner guilty beyond a reasonable doubt?
MultiRegion, United States of America
When a party raises a contemporaneous objection to a jury instruction, does the court have to review the original instruction or grant a new trial?
MultiRegion, United States of America
What is the test for access to a public record based upon the purpose for which the record is being requested?
California, United States of America
In what circumstances will the court allow a prosecutor to argue that a jury must "accept and reject the reasonable and the unreasonable" evidence?
California, United States of America
Can a jury be misled as to their discretion and responsibility in making a penalty decision?
California, United States of America
What is the test for determining the reasonableness of a Director's decision?
Northwest Territories, Canada
What is the test for credibility of a witness?
California, United States of America
Does the doctrine of waiver of uninsured motorist coverage apply?
California, United States of America
How have courts dealt with contempt cases where a contemnor disregarded a court order to deliver business records?
Ontario, Canada
What is the meaning of the word "self-representation" in the context of a motion?
California, United States of America
What is the legal principle that guide the award for future loss of earning capacity?
British Columbia, Canada
Does a defendant have a compelling case to appeal against his guilty plea to conspiracy to commit insider trading?
MultiRegion, United States of America
Is a defendant's claim that he has been denied access to the library of the Federal Penitentiary Library necessary to prepare his defense?
MultiRegion, United States of America
Can a defence of unreasonableness be struck pursuant to Rule 19(24)?
British Columbia, Canada
Is a single witness sufficient to uphold a finding?
California, United States of America
Can an employee who replaced merchandise on the shelf the previous night be called as witnesses?
Saskatchewan, Canada
Can an owner rely on the skill and experience of a contractor?
Saskatchewan, Canada
What is the test for drawing a bill of costs for a notice of discontinuance?
British Columbia, Canada
What is the analysis required to determine what is in J.'s best interest?
New Brunswick, 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
Is it necessary for the courts to ask for expert opinions before making a decision on whether to grant special dispensation?
California, United States of America
Can a defendant be ordered to pay a post-release community supervision revocation fine for failing to comply with community supervision obligations?
California, United States of America
Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing?
California, United States of America
What is the test for constructive notice in a motor vehicle accident?
"New York", United States of America
What is attorney-client privilege and what are the elements?
MultiRegion, United States of America
Is a defendant's instruction in a death penalty case inadequate when it refers to the use of the term "warrants", or does the term need to be changed?
California, United States of America
What is the effect of a continuance tolling the clock on a defendant's right to speedy trial?
MultiRegion, United States of America
What is the current state of the law on the Miranda rights?
California, United States of America
If a discharge order is granted, can the discharge order be appealed?
federal, United States of America
What is the test for establishing that there must be a writing to which a party to be charged can refer?
British Columbia, Canada
What is the standard of review in a criminal conviction challenged as lacking evidentiary support?
California, United States of America
What is the test for impeaching a jury verdict in a long-delayed jury trial?
California, United States of America
Is a motion to quash a subpoena duces tecum reviewed for abuse of discretion?
California, United States of America
Does a transferor and transferee have the same intent?
Alberta, Canada
Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent?
British Columbia, Canada
What is the test for a finding of intent to kill?
California, United States of America
Does a coconspirator's testimony in jail constitute testimony under section 1111 of the Penal Code?
California, United States of America
When a party alleging duress has received independent legal advice and had a meaningful opportunity to review the domestic contract, can the court make a finding of duress?
Ontario, Canada
What is the test for relying on "class of one" theory when plaintiff is not in a protected class?
MultiRegion, United States of America
What are the principles in dealing with a claim for loss of future earning capacity?
British Columbia, Canada
What is the test for abuse of discretion in a search warrant application?
MultiRegion, United States of America
Does Rule 753.11 apply to an application that seeks declaratory relief?
Alberta, Canada
What is the test for waiving privilege to testify in a personal injury case?
MultiRegion, United States of America
In what circumstances have courts dealt with the theft of mail by a postal worker?
MultiRegion, United States of America
When will a court award attorney fees and costs under the anti-SLAPP statute?
California, United States of America
What is the test for determining whether counsel's performance was deficient?
California, United States of America
How has section 198.3.5 of the California Penal Code been interpreted by courts?
California, United States of America
Does a submortgage broker sign a contract designating himself as an independent contractor?
British Columbia, Canada
What is the test for adding to an amended complaint?
MultiRegion, United States of America
Does Counsel's failure to object to evidence of a hypodermic needle and vial evidence constitute ineffective assistance of counsel?
California, United States of America
How have courts interpreted statutory references to the Penal Code?
California, United States of America
What is the purpose of providing reasons in a motion?
British Columbia, Canada
Is there an abuse of discretion when a defendant is denied a motion to appoint a new counsel?
California, United States of America
What is the burden of establishing that there is insufficient evidence to convict a defendant who has been convicted of a sexual assault?
MultiRegion, United States of America
Can a plaintiff obtain LTD benefits from a disability plan if they do not specify a breakdown under a settlement?
New Brunswick, Canada
Does section 1431.1 of the California Civil Code restrict third party liability for noneconomic damages?
California, United States of America
What is the test for liability under the "intentional infliction of emotional distress tort"?
MultiRegion, United States of America
What constitutes a violation of the condemnation of the ordinance under review?
"New York", United States of America
What is the test for dismissing a Rule 41(e) motion?
MultiRegion, United States of America
What is the de minimis nature of the welfare fraud committed by the prosecution witness?
MultiRegion, United States of America
Can a party commence an action by writ of summons?
Saskatchewan, Canada
Is a plaintiff entitled to general fees in a civil rights action even if he loses his case?
MultiRegion, United States of America
Does the term "enterprise" need to be confined to "legitimate enterprises"?
MultiRegion, United States of America
Does a clause in a contract requiring a party to "choosing a choice of law" include the statute of limitations?
MultiRegion, United States of America
What is the effect of a district court's dismissal of a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the effect of a denial of a habeas petition?
MultiRegion, United States of America
Can a releasor refuse to sign a form release from an insurance adjuster after a motor vehicle accident?
California, United States of America
What are the implications of a motion to suppress postarrest statements made in response to questions from a police officer?
California, United States of America
What is the test for determining whether a defendant is liable for the difference between the amount purchased by a purchaser and the amount paid by the purchaser?
California, United States of America
What is the test to determine whether a contract provides attorney fees in a tort action?
California, United States of America
Does a plaintiff need to make a greater showing of disproportionate impact to establish a prima facie violation of Title VII?
MultiRegion, United States of America
What is a reasonable attorney's fee?
California, United States of America
