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 attorney-client privilege and what is the test?
California, United States of America
Would the Probation Search result have been different?
California, United States of America
What is the current state of the law on cruel and unusual punishment in prison?
MultiRegion, United States of America
Is the Philbin rule changed by statute?
California, United States of America
What is the meaning of the phrase "defendant" in a civil case?
California, United States of America
What is the test for determining whether a broomstick is a deadly instrument?
California, United States of America
What is the test for invoking Rule 2(d) of the Rules of Court?
British Columbia, Canada
What is the prison mailbox rule used to determine the filing date of a habeas petition?
MultiRegion, United States of America
Is a court's determination that an inmate poses an unreasonable risk of danger to public safety for an abuse of discretion?
California, United States of America
What is the test for a motion to dismiss an application for relief under section 2254(d) of the Criminal Code?
MultiRegion, United States of America
What is the standard of malice in the context of a defamation action?
British Columbia, Canada
What is the standard for a County to affirmatively further review its application for a motion to amend its application?
MultiRegion, United States of America
Can a taxpayer bring an action to enjoin illegal municipal expenditures?
California, United States of America
Is there any case law where a plaintiff is able to prove a subjective or internal cause of pain?
British Columbia, Canada
What are the consequences of a conviction for assault with intent to murder?
California, United States of America
What is the test for proving past income loss?
British Columbia, Canada
What is the basis for a finding of bias or prejudice in a motion for contempt of court?
MultiRegion, United States of America
What are the principles to be considered on an application of particulars?
British Columbia, Canada
What is the test for a Rule 29 motion arguing sufficiency of the evidence de novo?
MultiRegion, United States of America
What are the elements of possession and manufacture required for a conviction for manufacture?
MultiRegion, United States of America
What is the test for deficient performance in a civil case?
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
What is the test for assessing the evidence at trial in a personal injury case?
California, United States of America
What are the rules of review in the context of a sexual assault case?
MultiRegion, United States of America
How have the courts treated the issue of whether or not a defendant committed a robbery if they took tools for no reason?
California, United States of America
Can a court order the reinstatement of a member of a voluntary association who was disciplined?
California, United States of America
Is a Local Rule that seeks to relax statutory requirements in section 664.6.4 of the California Constitution valid?
California, United States of America
What is the current state of the law on religious freedom in prison?
MultiRegion, United States of America
What is the test for interim relief?
Alberta, Canada
Is a motion to strike the first and second counts of the third amended complaint against a defendant a controlling doctrine?
California, United States of America
What is the test for a traffic stop under the Fourth Amendment?
California, United States of America
What factors should a court consider in determining lump sum spousal support?
British Columbia, Canada
How have the courts treated the issue of escape under the Mental Health Act?
MultiRegion, United States of America
Can a search warrant be cured by the accompanying affidavit that more specifically describes the items to be seized?
MultiRegion, United States of America
Can a defendant be convicted of second degree murder as an aider and abettor of the actual perpetrator?
California, United States of America
What authority has been relied on to obtain judicial relief from the undertaking?
British Columbia, Canada
Can a motion for a mistrial be denied for abuse of discretion?
MultiRegion, United States of America
In what circumstances will a judge grant a motion for a new trial for juror misconduct?
California, United States of America
What if a jury was instructed on involuntary manslaughter rather than first degree murder?
California, United States of America
Does the waiver rule apply in civil cases?
MultiRegion, United States of America
How do we review a federal court's formulation of jury instructions for abuse of discretion?
MultiRegion, United States of America
What is the burden of a motion to dismiss under section 27(1)(c)?
British Columbia, Canada
What is the test for insufficiency of evidence to overturn a conviction for driving under the influence of alcohol?
California, United States of America
What is the burden of showing that amendment can cure the defects?
California, United States of America
Is there any case law supporting the argument that consent is not sufficient to instruct the jury on consent?
California, United States of America
Does the implied exception rule apply to the exclusion of a specific provision?
British Columbia, Canada
Is a federal court's ruling on whether to order discovery relating to a claim of selective prosecution reviewed for abuse of discretion?
MultiRegion, United States of America
What is the current state of the law in the United States with respect to the privacy rights of internet subscribers?
Saskatchewan, Canada
What is the test for using the phrase "serves no legitimate purpose" in a sexual assault case?
California, United States of America
What is the burden of proving disability for the purposes of social security benefits?
MultiRegion, United States of America
When is a statement of opinion liable for defamation?
California, United States of America
What are the obligations of the natural father of a child adopted after the adoption of the child?
British Columbia, Canada
Is a plaintiff entitled to an award of attorney's fees and costs if the contract includes a provision for fees and cost?
MultiRegion, United States of America
In a motor vehicle accident case, can plaintiff argue that the instruction on contributory negligence should have been given?
California, United States of America
What is the test for a de novo dismissal pursuant to Rule 12(b)(6)?
MultiRegion, United States of America
What is our role as a court of appeal?
California, United States of America
In what circumstances will a plaintiff be able to bring a claim for wrongful deprivation of property?
MultiRegion, United States of America
What is the test for instructing a jury on mental impairment as a result of domestic violence?
California, United States of America
Is a federal issued writ of habeas corpus valid?
MultiRegion, United States of America
What is the test for making out a prima facie case of discrimination amounting to a denial of equal protection?
MultiRegion, United States of America
What collateral source rule applies in motor vehicle accidents?
California, United States of America
What is the test for a finding of prosecutorial misconduct in a criminal case?
California, United States of America
Are there any conflicts or inconsistencies in the testimony of a witness?
California, United States of America
Is a Voth Order appropriate for a plaintiff in her personal injury action?
British Columbia, Canada
Is a failure to meet the filing deadline fatal?
MultiRegion, United States of America
Is qualified privilege a defence in defamation cases?
British Columbia, Canada
What is the test for a representative plaintiff in a class action?
Ontario, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Does a preliminary inquiry need to be directed to the issue of whether or not there is sufficient evidence to put the accused on trial?
British Columbia, Canada
What is the test for a plaintiff to successfully challenge the meaning of a section of the Civil Code of Civil Procedure?
MultiRegion, United States of America
Is a nonresident father immune from process when served as a moving party and as a witness in child custody proceedings against his ex-wife?
California, United States of America
Can a fiduciary relationship be created by contract?
British Columbia, Canada
Can a beneficiary of a life insurance policy be changed if the beneficiary of the policy wishes to receive the proceeds from the policy on his death?
MultiRegion, United States of America
What is the test for determining when a contract is to be signed?
Saskatchewan, Canada
What is required to establish a fiduciary relationship outside of the established categories?
Ontario, Canada
Does the matter need to be remanded to allow the trial court to specify the basis for both a reduction and a sentence enhancement?
California, United States of America
What is the current state of the law on misconduct when a prosecutor makes a closing argument stating facts that are not in evidence?
California, United States of America
What is the test for determining whether the Court of Appeal has jurisdiction to hear an appeal from a bankruptcy judge?
MultiRegion, United States of America
What is the onus on a party who seeks to displace the usual rule that costs follow in the event?
British Columbia, Canada
How much is a child entitled to access expenses when the access costs are "unusually high"?
Nova Scotia, Canada
In what circumstances will a defendant be able to bring an application for summary trial in a libel action?
British Columbia, Canada
What is the test for a judge to grant probation in a criminal case?
California, United States of America
What constitutes a 4th Amendment seizure?
MultiRegion, United States of America
What is the standard for determining whether a person has been found to be acting reasonably in the context of a medical malpractice case?
Nova Scotia, Canada
What is the test for a claim under section 815.6 of the California Tort Claims Act?
MultiRegion, United States of America
What are the elements of a federal mail and wire fraud instruction?
MultiRegion, United States of America
What is the proper remedy for a conviction overturned due to a "conviction error"?
MultiRegion, United States of America
What is the test for determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for a search for weapons in an arrest for a traffic offence?
California, United States of America
How have courts treated "substantial evidence" in determining whether substantial evidence is sufficient?
California, United States of America
What factors must a court consider in determining the aggravation of a conviction for two counts of assault?
California, United States of America
What is the test for First Amendment rights?
MultiRegion, United States of America
What is the test for a municipality's failure to train its employees in the relevant respect of civil rights?
MultiRegion, United States of America
Does the receiver of a property that is not subject to a deed of trust, including a liquor license, have the right to use the personal property other than the liquor license?
California, United States of America
What is the test for splitting the community property and the quasi-community property in a divorce action?
California, United States of America
What are the factors used to determine the severity of an injury?
British Columbia, Canada
How have courts treated a claim that an employer failed to reasonably accommodate an employee's disability?
California, United States of America
What is the test for assumption of risk in medical malpractice cases?
California, United States of America
What is the evidence of emotional distress suffered by a plaintiff in a personal injury case at the bench?
California, United States of America
Is a defendant entitled to a retrial after a reversal of judgment by the Court of Appeal for insufficient evidence?
California, United States of America
What is the burden of proving the first two prongs of a claim?
MultiRegion, United States of America
What is the test for insufficiency of evidence in a motor vehicle case?
California, United States of America
What is the test for a plaintiff to recover damages under Section 1983 of the Civil Rights Act?
MultiRegion, United States of America
What is the test for establishing liability for a crime?
MultiRegion, United States of America
Does the resale of flow-through shares and of the other shares issued by the same corporations constitute an operating motivation for the purchase and sale of the flow through shares?
Canada (Federal), Canada
Is a defendant required to prove that a plaintiff is an employee?
California, United States of America
Can an aider and abettor who knowingly assists a confederate to kill someone be found guilty of first degree murder?
California, United States of America
Does a failure to exhaust issue need to be a jury issue?
California, United States of America
Does the exclusionary rule apply to a probationer's home search?
California, United States of America
What is the legal test for error resulting in a violation of a defendant's federal constitutional rights?
California, United States of America
What is the doctrine of Rylands v Fletcher on nuisance claims?
British Columbia, Canada
What is the test for a restitution order for abuse of funds?
California, United States of America
Does the error in giving both CALJIC 8.30 and 831 instructions in a second degree murder case affect the outcome of the trial?
California, United States of America
Is there any common law common law actions that may arise from the breakdown of a relationship?
British Columbia, Canada
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes?
California, United States of America
What is the test for making an order that a mother pay child support after a hearing in which she would have had an opportunity to argue against the order?
California, United States of America
How have courts interpreted section 1170, subdivision (d) of the California Statutory Code of Civil Procedure?
California, United States of America
How is retroactive support calculated using the current tables in the calculation of pre-judgment interest?
Newfoundland and Labrador, Canada
Can a court's answer to a jury question be erroneous even if it is free of inaccuracies?
California, United States of America
What is the effect of the accusatory pleading rule on firearm enhancements?
California, United States of America
What is the test for determining whether a defendant has been prejudiced in a jury trial?
California, United States of America
In a criminal case, in what circumstances will the court review the record for error?
California, United States of America
What is the test for a plaintiff to prove that there is a real and substantial possibility of future income loss?
British Columbia, Canada
What is the legal test for setting aside a decision of the authorizing judge?
Ontario, Canada
What are the consequences of a jury finding a defendant guilty of a charge of assault with intent to pervert the course of justice?
California, United States of America
What is the test for accidental death and dismemberment benefits?
Ontario, Canada
Is a federal district court's interpretation of state law reviewable de novo?
MultiRegion, United States of America
Does a child need to undergo a period of adjustment to become self-supporting?
Alberta, Canada
What is the test for sentencing a defendant to separate terms under section 654 of the Criminal Code?
California, United States of America
What is the inherent risk defense in medical malpractice cases?
California, United States of America
What is the burden of proof in a residential tenancy action?
Saskatchewan, Canada
What is the test for admissible conduct under section 1101, subdivision (b) of the Criminal Code?
California, United States of America
What are the costs of a self-represented plaintiff in a personal injury proceeding?
British Columbia, Canada
What is the effect of a joint custody order on the quantum of child support?
British Columbia, Canada
What constitutes "clear and convincing" evidence in a motion?
MultiRegion, United States of America
What is the burden of proving federal jurisdiction?
MultiRegion, United States of America
What is the test for establishing credibility of a witness in a criminal case?
California, United States of America
What is the effect of mootness on the exercise of a court’s discretion?
Saskatchewan, Canada
Can a Jewish inmate wear a yarmulke in prison?
MultiRegion, United States of America
What is the test for admitting or excluding evidence for abuse of abuse of power?
California, United States of America
What is the burden of proving an employee's exemption from mandatory overtime?
MultiRegion, United States of America
Can a plaintiff be denied pre-judgment interest for a period of three years?
Alberta, Canada
What is the credibility of the statements given by the drivers in this dispute?
British Columbia, Canada
What is the test for appeal costs?
Ontario, Canada
Are transcripts of a grand jury hearing relevant to impeach witnesses at trial?
MultiRegion, United States of America
What is the test for determining whether a person is entitled to a reasonable amount of unpaid work?
MultiRegion, United States of America
How does the anti-SLAPP legislation work?
California, United States of America
What is the effect of s. 211 of the BCSC?
British Columbia, Canada
What is the effect of a ban on providing "expert advice or assistance" to a designated foreign terrorist organization?
MultiRegion, United States of America
What is the test for making out a case of discrimination under section 504?
MultiRegion, United States of America
Is a covenantor who stands in clear breach of an express prohibition from taking holidays from enforcement of his obligation until the trial of the covenantor has to keep his holiday?
Manitoba, Canada
What is the test for qualified expert testimony in a medical malpractice case?
California, United States of America
What are the factors used in determining whether there is a risk of danger based on circumstantial evidence?
Ontario, Canada
What is the test for introducing a witness's prior recorded testimony?
California, United States of America
Can a defendant raise issues regarding defense counsel's representation by way of writ of habeas corpus?
California, United States of America
Is it an abuse of process to pursue substantially similar remedies in a civil action as were being sought in the ongoing judicial review?
British Columbia, Canada
Is the seizure of a wallet by a police officer incident to a lawful arrest?
California, United States of America
Does the coroner have any responsibility to investigate the death?
California, United States of America
What is the test for dismissing a motion for lack of jurisdiction?
MultiRegion, United States of America
Is a trial de novo required after a judge who had heard a case has died?
Alberta, Canada
Is it discriminatory practice for a group of persons acting in concert to communicate or cause to communicate repeatedly hate messages over the Internet?
Canada (Federal), Canada
Under what circumstances will a plaintiff in a civil rights action be entitled to attorney's fees?
MultiRegion, United States of America
What is the test for a motion to vacate a default and set aside a judgment?
California, United States of America
Does a husband's possession of furniture and other household goods constitute common possession of a wife's common possession?
"New York", United States of America
What is the test for admissible evidence of a defendant's criminal past?
California, United States of America
How have the courts dealt with evidence of illegal drugs seized from a woman at a police station?
California, United States of America
On the basis of the full resentencing rule, can a defendant appeal against his full sentence?
California, United States of America
Does the invited error doctrine apply when a defense attorney makes a deliberate tactical choice not to request or forego a jury instruction?
California, United States of America
What is the effect of annexation of a barn in a residential area?
Saskatchewan, Canada
What is the definition of a right to die?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the flexible duty of procedural fairness?
British Columbia, Canada
What is the test for res ipsa loquitur in a motor vehicle accident?
Saskatchewan, Canada
What is the test for making economic sense?
MultiRegion, United States of America
What are the implications of a criminal conviction for a defendant's failure to obtain a certificate of probable cause?
California, United States of America
Is there a requirement that individual documents always always be individually listed?
Alberta, Canada
What is the appellant's burden to affirmatively show error?
California, United States of America
What is the evidentiary test required on a certification application?
British Columbia, Canada
What is the test for making an amendment to the limitation period in a personal injury proceeding?
Alberta, Canada
Is solitary confinement a form of punishment that violates the eighth amendment?
MultiRegion, United States of America
When a defendant agrees the self-defense instruction only applies to count 4 of the assault with a deadly weapon upon Jon?
California, United States of America
What is the test for establishing that a plaintiff has a triable issue?
Ontario, Canada
Can a registered sex offender gain access to a social media site?
California, United States of America
What is the test for a jury to convict a defendant on a charge of attempted murder?
California, United States of America
Is refusing to address clinical recommendations a factor in unreasonable behaviour?
Ontario, Canada
What is the test for bringing forward an application for a recognition order on an ex parte basis?
British Columbia, Canada
Is an action for establishment title only, not claiming possession, not establishing title to land under the Rules?
Saskatchewan, Canada
What are the gaps in time between allegations and allegations?
British Columbia, Canada
In what circumstances will a plaintiff be awarded damages from the Church of Scientology for breach of the terms of an oath of trust?
British Columbia, Canada
What is the minimal merit required to survive an anti-SLAPP motion?
California, United States of America
Can a remedial constructive trust be applied in a commercial case?
British Columbia, Canada
What are the factors used to determine whether a motion to dismiss a police community support officer (PCSO) has been successful?
"New York", United States of America
How to calculate fees in a personal injury case?
MultiRegion, United States of America
Is the trial judge's failure to inquire the jury as to its exposure to six newspaper articles during the trial?
MultiRegion, United States of America
Does the flexible duty standard apply in determining primary liability under Rule 10b-5?
MultiRegion, United States of America
Does a court have an obligation to punish a defendant who has been convicted of a criminal offence for a second time?
California, United States of America
Can a statement of intention be actionable?
British Columbia, Canada
What is the test for finding a lawyer to be found unfit to practice as a lawyer?
Ontario, Canada
In what circumstances will a defendant be convicted of making a criminal threat?
California, United States of America
What is the test for a motion to set aside a noting of default?
Manitoba, Canada
