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.
How have the courts treated counsel's closing argument in closing arguments?
MultiRegion, United States of America
Is a litigant’s right of appeal more sacred than its day in court?
Nova Scotia, Canada
Can a defendant refuse to take a chemical test until an attorney is consulted before responding to the request?
"New York", United States of America
In what circumstances have the courts invalidated a warrantless entry into a hotel room?
MultiRegion, United States of America
Is a motion to suppress a search warrant for an arrest of Paul before the search has even begun?
California, United States of America
What is the test for a motion for a new trial based upon jury misconduct?
California, United States of America
What is the test for making obscene gestures toward a police officer and yelling profanities in Spanish?
MultiRegion, United States of America
What is the test for joint custody of a child?
Ontario, Canada
What is the test for intent to murder?
California, United States of America
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict?
California, United States of America
What are the elements of the test for determining whether someone has committed a sexual assault?
British Columbia, Canada
How have the courts treated misconduct in the case of Beatty v. New York City School of Education?
"New York", United States of America
How have courts interpreted the California Three Strikes Law?
MultiRegion, United States of America
What is the test for pleading in a criminal pleading?
Saskatchewan, Canada
Is a defendant entitled to be read his rights before he is questioned by a police officer about his name?
California, United States of America
Does the forfeiture rule apply to an order requiring defense counsel to provide additional discovery at trial?
California, United States of America
Is a state trial judge's remark about the death penalty prejudiced the sentencing of a convicted murderer?
MultiRegion, United States of America
What is the balance between freedom of the press and the Fifth Amendment?
California, United States of America
Does the Vice Chair of Strata Plan BCS 4476, 2019 BCCRT 991.55 have any authority to waive the depreciation report?
British Columbia, Canada
What is the test for a motion for judgment of acquittal under section 1118.1?
California, United States of America
Can a motion to withdraw a plea of no contest be denied arbitrarily, capricious or beyond the bounds of reason?
California, United States of America
In what circumstances will a defendant be successful in his bid to overturn a finding that he violated section 20001 of the Vehicle Code by failing to stop and render assistance at the scene?
California, United States of America
What is the test for a hostile work environment claim?
MultiRegion, United States of America
What is the test for striking a pleading?
Ontario, Canada
What is the appropriate sentence for indecent assault of an 8 year old girl?
Alberta, Canada
Does section 654 of the Criminal Code require a firearm enhancement under section 12022.5?
California, United States of America
Does a jury's instruction that states that intent is not to be proven beyond a reasonable doubt is valid?
MultiRegion, United States of America
What is the test for obtaining consent to undergo osteotomy surgery?
Alberta, Canada
Are there any cases where a defense counsel refused to contest a prosecutor's description of their appearance?
California, United States of America
Does a physician who worked as a consultant in an emergency room at a general acute care hospital qualify as an expert?
California, United States of America
Can a court refuse to entertain a motion on a motion that alleges that the motionant was unaware of the relevant facts at the time it was brought?
MultiRegion, United States of America
Can a court disregard allegations in a complaint if the allegations in the complaint are not proven?
MultiRegion, United States of America
What is the test for "asked and answered" in a civil case?
California, United States of America
What is the test for inadmissible witness testimony in a personal injury case?
California, United States of America
What is the test for improper summation in a civil case?
"New York", United States of America
What is the test for human dignity in employment law?
Alberta, Canada
What are the elements of fraud in the context of a cross-complaint?
California, United States of America
What is the test for a recidivist offender to succeed on his equal protection claim?
California, United States of America
Does a court have authority to give an advisory ruling on cross-examination?
MultiRegion, United States of America
Is a defendant's alleged mental health disorder a factor in making him ineligible for diversion?
California, United States of America
What is the burden of establishing a prima facie case of religious discrimination under Title VII?
MultiRegion, United States of America
Is it appropriate to convict for multiple counts of the same crime?
California, United States of America
What is the legal test for making a loss of consortium claim?
California, United States of America
Can there be conflicting evidence in a motor vehicle accident case?
California, United States of America
When an appellant fails to argue specifically and distinctly that issue in his opening brief on appeal, does he waive his right to appeal on appeal?
MultiRegion, United States of America
What is the test for liability under the "intentional infliction of emotional distress tort"?
MultiRegion, United States of America
Does section 28 and 29 of the California Penal Code allow an expert to testify that the accused tends to overreact to stress and apprehension?
California, United States of America
Does the erroneous admission into evidence of an involuntary confession constitute a federal constitutional error?
California, United States of America
What is the test for exclusion of evidence in a criminal case?
California, United States of America
What is the test for closing an access road without a court order?
Ontario, Canada
Can a convicted felon who would have been convicted of a misdemeanor under Proposition 47, if it had been in effect at the time of the crime?
California, United States of America
Does the police have to renew the Miranda warning given to a defendant?
California, United States of America
What is the state of the assets held by the parties following the termination of a partnership?
British Columbia, Canada
What is the test for reversing a finding that excluded evidence in a criminal case?
MultiRegion, United States of America
Is there any case law where damages for conspiracy where the purpose is to undermine contractual rights are determined to be at large?
Ontario, Canada
How does the Court review the sufficiency of evidence in a sexual assault case?
California, United States of America
When reviewing a claim of insufficient evidence in a criminal case, what is the test?
California, United States of America
Can a criminal defendant who takes the stand in his own trial be impeached with a conviction that had been expunged pursuant to section 1203.4 of the California Code of Civil Procedure?
California, United States of America
What is the current state of the law on aiding and abetting?
Manitoba, Canada
Is there any evidence of where a loan agreement was made and where monies were paid over?
British Columbia, Canada
Can a defendant appeal his conviction for assault and assault against a judge's decision not to grant a new trial?
California, United States of America
What is the duty of care of a lawyer to be truthful and honest in making a representation during pre-contractual negotiations?
Ontario, Canada
What is relevant evidence in a personal injury action?
California, United States of America
What is the impact of the language in the context of harassment claims?
Manitoba, Canada
What is the duty of care owed to a real estate appraiser?
Ontario, Canada
What is the test for a motion of appeal in a personal injury case?
Ontario, Canada
Can a search warrant be used against a defendant who has been arrested?
MultiRegion, United States of America
What is the test for admitting photographs of defendants standing together with a murder weapon?
California, United States of America
What is the test for a charge of second-degree felony murder?
California, United States of America
What is the test for responding to questions to a jury in a personal injury trial?
California, United States of America
What is the test for establishing that a plaintiff is entitled to sue for damages for misappropriation of pages 16 of the New York Times?
California, United States of America
Does a parolee have to be searched every time a search warrant is issued?
California, United States of America
What is the accident defense in a motor vehicle accident case?
California, United States of America
What is the test for setting aside a substantive determination by a federal district court?
MultiRegion, United States of America
Is a defendant entitled to credit for time served in presentence custody under section 2900.5 of the California Criminal Code?
California, United States of America
Does a statute requiring registration of sex offenders violate a ban on ex post facto legislation?
California, United States of America
What is the test for determining whether a law is impermissibly infringed on Second Amendment rights?
MultiRegion, United States of America
What is the duty of a director of a company to be held accountable for their own profits?
Alberta, Canada
Is section 10851(a) a crime involving moral turpitude?
MultiRegion, United States of America
Does the preponderance standard need to be explicitly defined?
California, United States of America
Can recitals be used to determine the intent of the parties in a real property deed?
Nova Scotia, Canada
Does litigation privilege extend beyond litigation privilege?
California, United States of America
In what circumstances will the respondent be awarded special costs in the case of the petitioner’s application for an OCP and subsequent bylaws?
British Columbia, Canada
What is the test for wilful conduct in a claim for wrongful dismissal?
Canada (Federal), Canada
What is the case law regarding joint guardianship of the children?
British Columbia, Canada
What is the test for an action at law against a party who is not a party to the loan?
"New York", United States of America
What factors are considered to be relevant in determining the value of a plaintiff's stock options?
British Columbia, Canada
What is the legal test for a motion to strike out for want of jurisdiction?
Canada (Federal), Canada
What is the test for awarding double costs in a personal injury action?
British Columbia, Canada
What is the test for an amended statement of claim?
British Columbia, Canada
What is the burden of establishing a "fear of future persecution" for an asylum seeker who does not allege past persecution?
MultiRegion, United States of America
Does a defendant have a right to be personally present at a proceeding?
California, United States of America
What is the standard of review for unconscionability?
California, United States of America
How have courts interpreted admonitions in the context of a prior-trial allegation?
California, United States of America
Does a previous order relating to the support of the spouse bind this court?
British Columbia, Canada
Can a prospective juror be excused for their views on the death penalty?
California, United States of America
How have courts reviewed the findings of a magistrate judge?
MultiRegion, United States of America
What constitutes a "protected activity" under the anti-SLAPP law?
California, United States of America
What is the test for awarding costs in a personal injury action?
British Columbia, Canada
Is the statute of limitations barred a plaintiff from bringing an action for wrongful dismissal?
California, United States of America
Does the severe rule apply if the owner of the land was able to personally extract the substance from the land?
Saskatchewan, Canada
What is the test for denying a defendant's right to challenge the determination of a restitution hearing?
California, United States of America
What is the test for tolling the statute of limitations on an open book account?
California, United States of America
What is the test for a plaintiff to be successful in a personal injury case?
California, United States of America
What is the statute of limitations for a cause of action for breach of a written contract?
California, United States of America
Can a witness change their facial expression in the course of giving evidence?
Canada (Federal), Canada
Is a plaintiff entitled to indefinite support under the Social Security Agreement?
British Columbia, Canada
Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence?
California, United States of America
Does the Attorney General have any regrets about denying a petition under section 1203.4?
California, United States of America
What is the test for self-sufficiency as a result of a separation agreement?
British Columbia, Canada
Is postjudgment interest payable upon a judgment which awards prejudgment interest?
Ontario, Canada
What is the current state of the law on consent in sexual assault cases?
Ontario, Canada
What is the effect of residual residual effects of a misnomer amendment to a medical malpractice case?
Ontario, Canada
What is the test for determining whether a witness has been found guilty of perverting the course of justice?
MultiRegion, United States of America
What is sufficient to prove intent to kill in the context of attempted murder?
California, United States of America
What is the standard of pleading in a sexual assault case?
MultiRegion, United States of America
What is the test for review of a trial court's exercise of discretion in admitting or excluding evidence?
California, United States of America
What is the proper disposition on appeal from a judgment of the Superior Court of Appeal finding defendant guilty of second degree murder?
California, United States of America
What is the meaning of the "subject to" clause in a vessel purchase agreement?
Ontario, Canada
How has the court interpreted SB 700 and section 40724.6 of the California Air Quality Rule?
California, United States of America
In what circumstances can a plaintiff bring a claim for sexual harassment under Title VII?
MultiRegion, United States of America
Is a sentence imposed under section 654 of the Criminal Code by the Court of Appeal reviewable on appeal?
California, United States of America
What is the test for multiple punishments under section 654 of the California Criminal Code when a single act or omission constitutes a divisible transaction?
California, United States of America
When is a driver not a "who is operating a motor vehicle"?
Alberta, Canada
How to interpret section 846 of the California Code of Civil Procedure?
MultiRegion, United States of America
What is the test for breaking open the door of a granary?
Saskatchewan, Canada
What is the test for using the discovery rule or "foreign object" exception?
California, United States of America
Does a wife's pregnancy not conclusively prove that a man's vasectomy is ineffective?
California, United States of America
Is there a waiver of a condition of a defendant's probation if he fails to assert his Fifth Amendment right in response to questions pursuant to the condition?
MultiRegion, United States of America
What is the test for establishing that the state of the law is "sufficiently clear" that the conduct of a police officer is unconstitutional?
MultiRegion, United States of America
What is the test for sustaining multiple prosecution objections and overruling multiple defense objections at trial?
California, United States of America
What is the test for inferring that a defendant's absence from a criminal proceeding is voluntary?
MultiRegion, United States of America
Does a prosecutor have to comment on the state of the evidence or on the failure of the defense to introduce material evidence or call logical witnesses?
California, United States of America
Is there a penalty in cessation of CORe payments?
Ontario, Canada
What is the test for admitting an unsworn written statement made 2-and-a-half weeks after the accident?
British Columbia, Canada
Can a defendant be found guilty of attempted murder?
California, United States of America
What are the elements of a cause of action supported by mere conclusory statements?
MultiRegion, United States of America
Can an individual refuse to produce documents from a federal grand jury subpoena?
MultiRegion, United States of America
What is the test for a restraining order against Ayinde in his personal injury case?
California, United States of America
What is the test of natural and probable consequences in the law of negligence?
California, United States of America
Is there a crosswalk under section 179 of the Motor Vehicle Act?
British Columbia, Canada
How has the Supreme Court of Canada considered “equality before the law” in the context of equal rights legislation?
Alberta, Canada
What is the test for an administrative agency's interpretation of a controlling statute?
California, United States of America
What is the test for the doctrine of caveat emptor in used home purchase transactions?
Manitoba, Canada
How have courts dealt with unprofessional errors by counsel?
California, United States of America
In a domestic violence case, in what circumstances will the court order that a defendant be able to sue the police for $10,000?
California, United States of America
Is a blood draw within the scope of implied consent reasonable under the Fourth Amendment?
California, United States of America
What is the test for making a gift?
Ontario, Canada
What is the test for a judicial review of a decision made under the CEQA?
California, United States of America
What is the CALCRIM 915 instruction on self-defense?
California, United States of America
What is the test for determining whether a trial court erred in awarding after tax net operating profits as the equivalent of fair rental value?
California, United States of America
What is the standard of appellate review of a motion to suppress?
California, United States of America
How has the Supreme Court in BC dealt with the issue of condominiums?
British Columbia, Canada
How has the court interpreted the law in the context of P.TO.O. protecting an employee’s safety shield?
Alberta, Canada
How has Miranda been interpreted in this case?
MultiRegion, United States of America
In what circumstances will the court grant a search warrant for information gathered through a wiretap pursuant to the Communications Privacy Act?
California, United States of America
Does a police officer need to give notice of presence or authority to enter a person's home?
Newfoundland and Labrador, Canada
How have courts treated potential errors in a medical malpractice case?
MultiRegion, United States of America
Can a conditional threat support a conviction for making a terrorist threat?
California, United States of America
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction?
MultiRegion, United States of America
Is there any case law where evidence of previous suicide attempts by the victim was not considered relevant in a murder case?
California, United States of America
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review?
MultiRegion, United States of America
Is there an entitlement to compound interest where the contract uses the language "compounded monthly" or "calculated monthly"?
British Columbia, Canada
What is the test for a defendant to be found guilty of attempted murder under the so-called "kill zone" theory?
California, United States of America
What would have been the "least adjudicated elements" test?
California, United States of America
Can a new state habeas petition revive the statute of limitations that had already expired?
MultiRegion, United States of America
Does the presumption that defense counsel objected to a motion for a mistrial after the trial has begun?
California, United States of America
How have courts interpreted the "plain view" doctrine in the US?
Ontario, Canada
Does the exclusionary rule apply to police disciplinary proceedings?
California, United States of America
Can an amendment to the pleadings be sought at the conclusion rather than the beginning of the trial?
British Columbia, Canada
Does a jury's failure to instruct on lesser included offenses constitute grounds for reversal?
California, United States of America
What is the test for wilful disobedience of an order?
Canada (Federal), Canada
Is defendant not prejudiced by the People not making an election?
California, United States of America
Is a term of probation invalid if it has no relation to the crime of which the offender was convicted?
California, United States of America
Does a finding of willfulness and materiality need to be made for an obstruction enhancement to be affirmed?
MultiRegion, United States of America
In what circumstances will a plaintiff be able to claim exclusive proprietary rights to the name of a competitor?
British Columbia, Canada
What is the effect of admitting evidence of an uncharged offence over defendant's objection?
California, United States of America
What is the test for determining whether a class action was commenced for improper purpose?
Ontario, Canada
What is the effect of the Court of Appeal's notice of appeal stating that the appeal is from the judgment and sentence?
California, United States of America
What is the standard for the exclusion of surveillance video evidence in a criminal case?
California, United States of America
Is there any case law supporting the theory of deliberate and premeditated murder?
California, United States of America
What is the test for making a sufficient showing of an element of a case?
MultiRegion, United States of America
Can a judge amend the abstract of judgment to reflect defendant was convicted by jury?
California, United States of America
What is the test for a plaintiff to mitigate her losses?
British Columbia, Canada
What is the test for reasonable inference in a civil case?
California, United States of America
What is the impact of a jury's comments on a defendant's failure to testify on the night of the trial?
California, United States of America
What are the consequences of a claim against an unsuccessful defendant for risk premium for financial risk?
Ontario, Canada
Is a judge required to recuse themselves unless required to do so?
MultiRegion, United States of America
What is the test for determining whether a defendant is mentally competent at a preliminary hearing?
California, United States of America
What are the elements of a cause of action for intentional infliction of emotional distress?
California, United States of America
What is the test for a motion for a mistrial where a defendant raises the issue of improper statements to the jury?
California, United States of America
Is there an implied undertaking of confidentiality over documents that are required to be produced by statute or as part of a proceeding?
British Columbia, Canada
What is the test for determining whether a departing employee is a fiduciary?
Nova Scotia, Canada
What is the legal test for a motion to disqualify an attorney from the Bar?
California, United States of America
How is the court apportioning attorney fees in a personal injury case?
California, United States of America
Would you find any error to be harmless beyond a reasonable doubt?
California, United States of America
What are the implications of class counsel’s fees?
Ontario, Canada
Is a substantial medical malpractice claim?
MultiRegion, United States of America
Does compelled discovery of statements of defense witnesses implicate the self-incrimination clause?
California, United States of America
What is the test for interpreting a restrictive covenant?
Alberta, Canada
