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 duty to instruct a jury on a lesser-included offense of arson of a property in violation of section 451, subdivision (d) of the California Criminal Code?
California, United States of America
What is the test for a waiver of a person's rights?
California, United States of America
What is the test for adjournment in a personal injury case?
Yukon, Canada
How has section 654 of the Penal Code been applied in sexual assault cases?
California, United States of America
What is the case law in favour of a jury infering defendant was not a mere bystander in a motor vehicle accident?
California, United States of America
In assessing the fairness of a settlement in a class action, does the court have to consider the views of the named plaintiffs in the settlement?
MultiRegion, United States of America
Is there any evidence of motive for the murder of a young girl?
California, United States of America
Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror?
California, United States of America
What is the test used to determine whether a defendant has been denied access to his own evidence?
MultiRegion, United States of America
What are the considerations for a court in determining discrimination under s. 15(1)?
British Columbia, Canada
What is the current state of the law on "some evidence" in union proceedings in which an officer is expelled for indefinite period?
California, United States of America
Does section 11 of the Charter apply to extradition proceedings?
British Columbia, Canada
What is the standard of review for a finding that Pugh was not a government agent at the suppression hearing?
MultiRegion, United States of America
Can a federal court dismiss a complaint under Federal Rule of Civil Procedure 12(b)(1)(1) de novo?
MultiRegion, United States of America
What is the test for determining whether a defendant's movements increased the risk of harm to the victim above that present in the underlying crime?
California, United States of America
Does a firearm need to have been found to qualify for a firearm use enhancement?
California, United States of America
How to determine whether success was truly divided?
Ontario, Canada
What is the effect of curtilage on privacy?
Ontario, Canada
What is the test for a waiver of a child's rights?
California, United States of America
Is there any case law where confidential information has been used in the context of litigation?
Ontario, Canada
What is the impact of restricting a County's freedom to choose a hearing officer?
California, United States of America
Does the Court of Appeal's interpretation of section 1045(e) of the Penal Code apply to the disclosure of police officer personnel records?
California, United States of America
Does an attorney have standing to bring an anti-SLAPP motion?
California, United States of America
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust?
Ontario, Canada
When can a motion for a new trial motion in a criminal case be made against a juror for misconduct?
California, United States of America
What is the current state of the law on the necessity of alleging in a complaint, indictment or information, facts showing that an accused does not come within exceptions or provisos contained in the statute upon which the prosecution is based?
California, United States of America
What is the effect of false statements in an arrest warrant affidavit?
MultiRegion, United States of America
What is the effect of a third party's failure to admit liability to a plaintiff prior to trial?
British Columbia, Canada
What is the test for overturning a decision by the Superior Court of Appeal to grant a conditional discharge?
California, United States of America
What constitutes a dangerous condition for failure to post a stop sign at a busy intersection?
California, United States of America
In what circumstances will a bank accept a cheque?
Saskatchewan, Canada
Is there any element of negligence in the medical malpractice case of a general practitioner?
"New York", United States of America
What is the legal test for petitioning to change a criminal conviction to a misdemeanor?
California, United States of America
What is the standard of review for a hearing officer's interpretation and application of the law?
Ontario, Canada
What newly discovered evidence has been excluded from a jury verdict in a sexual assault case?
California, United States of America
Is a dentist entitled to be indemnified or indemnified in a third party action?
Saskatchewan, Canada
What is the standard for finding a federal prosecutor guilty of misconduct in a civil case?
California, United States of America
Does a jury's rejection of the allegation that defendant acted willfully, deliberately and with premeditation foreclose a retrial on that allegation?
California, United States of America
What are the findings of a motion to disqualify a magistrate judge?
MultiRegion, United States of America
What is the test for reasonableness of a taxing bylaw?
British Columbia, Canada
In what circumstances will a jury not award excessive damages in a sexual assault case?
California, United States of America
What is the burden of establishing good cause against a motionant?
California, United States of America
Does the affirmative response of a prosecutor to a motion to revoke probation constitute a formal revocation of probation?
California, United States of America
What is the test for setting aside a registrar’s order dismissing a claim under Rule 77.08?
Ontario, Canada
What is the test for a spousal support order against a woman who has been ordered to work for 20 years?
British Columbia, Canada
In what circumstances will the Court of Appeal grant leave for a motion of no merit?
Quebec, Canada
What is the test for competent testimony in a motor vehicle accident?
California, United States of America
What is the test for a motion to impeach a sitting president?
MultiRegion, United States of America
What is the test for Rule 403 violation?
MultiRegion, United States of America
Is ICBC required to pay certain medical and rehabilitation expenses?
British Columbia, Canada
Does a defendant have to serve the sentence prescribed by law even if they have served their probation term in jail?
California, United States of America
What is the range of notice periods for an employee who has been employed by a company for a period of 17 months?
British Columbia, Canada
What are the consequences of a request for attorney's fees on appeal?
MultiRegion, United States of America
Is there a signed security agreement?
British Columbia, Canada
Is a medical malpractice or negligence sufficient to establish constitutional deprivation?
MultiRegion, United States of America
How has section 654 of the California Code of Criminal Procedure been interpreted in the context of multiple sex crimes committed in the same incident?
California, United States of America
Can lay witness opinion testimony be used in a civil case?
California, United States of America
What are the costs awarded against a bank on an ex parte motion?
Ontario, Canada
Does a plaintiff have to continue to pursue a statutory cause of action against the insurer in the absence of a final determination of liability?
California, United States of America
What is the test for applying the death penalty under section 190.4 of the California Penal Code?
California, United States of America
What is the impact of mandatory attendance in school?
British Columbia, Canada
When will a defendant's application under Rule 19(24)(a) be struck out?
British Columbia, Canada
Does Section 654 of the California Code of Civil Procedure preclude punishment for two offences arising from the same act?
California, United States of America
In what circumstances will a jury consider prior threats and violence against the victim in determining that she was in a state of terror at the time of the shooting?
California, United States of America
Can a contract be set aside if one party is mistaken about the term of the contract?
New Brunswick, Canada
What is the test for addressing conflicting evidence in a review?
British Columbia, Canada
How have the courts dealt with a defense counsel's objection to an expert's testimony?
MultiRegion, United States of America
Is a federal district court's decision not to admit evidence of other bad acts reviewed for abuse of discretion?
MultiRegion, United States of America
Does a party who fails to alert the trial court to an issue that has been left unresolved on appeal have a right to continue to argue on appeal?
California, United States of America
What is the effect of a traffic stop by a police officer with a gun on the driver of a pickup truck?
Ontario, Canada
What is the test for standing in a civil case?
MultiRegion, United States of America
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing?
California, United States of America
What is the definition of misappropriation of client property by a lawyer or paralegal?
Ontario, Canada
What is the test for determining the amount of compensation a school board can award to a teacher who has lost her case?
California, United States of America
How have the courts treated the admission of evidence in a sexual assault case?
California, United States of America
What is the test for claiming that a statement made during an interview was involuntary?
California, United States of America
What is the legal test for making a formal request to counsel to represent an indigent?
MultiRegion, United States of America
What is a preliminary hearing for a defendant arrested and arraigned on a felony complaint?
California, United States of America
What role does ordination play in defining the term "clergy"?
Canada (Federal), Canada
What is the test for rejecting or rejecting the testimony of a witness in a search warrant application?
California, United States of America
Is a defendant permitted to maintain a "no liability" position?
Ontario, Canada
Can a consensual encounter between a police officer and an individual avoid Fourth Amendment scrutiny?
California, United States of America
Does a dismissal for failure to state a claim only count as a strike?
MultiRegion, United States of America
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal?
California, United States of America
Does a judgment quashing an indictment on the grounds that the counts were nullities, since the offences prescribed, are considered acquittal?
Canada (Federal), Canada
What is the test for expert opinion in medical malpractice cases?
British Columbia, Canada
What is the general rule that all claims against the estate of a decedent arising upon contract must be filed within the time prescribed in the published notice to creditors?
California, United States of America
Is there any case law or case law in which costs have been awarded?
British Columbia, Canada
What is the test for wilful conduct in contempt of the BCCA?
British Columbia, Canada
What is the test for obtaining a conduct order in a personal injury case?
British Columbia, Canada
Does a motion to disqualify a judge have to be based on a judge's opinion on legal issues?
MultiRegion, United States of America
What is the equitable doctrine of advancement and resulting trust as they apply between spouses?
Newfoundland and Labrador, Canada
How have the courts dealt with a motion for attorneys' fees and disbursements in a civil matter?
"New York", United States of America
What is the test for reversing a jury verdict for insufficiency of evidence?
MultiRegion, United States of America
What is the test for reversing a conviction of a lesser included crime?
California, United States of America
What is the test for determining whether there was a foreseeable crime that was a natural and probable consequence of kidnapping?
California, United States of America
What is the requirement of knowledge for possession of a firearm?
Ontario, Canada
Does jurisdiction simpliciter need to be established?
British Columbia, Canada
Can a witness be found guilty of obstructing the course of justice under section 1515(a)(4) of the Criminal Code?
MultiRegion, United States of America
What is a plaintiff's duty to mitigate their loss in a personal injury action?
British Columbia, Canada
Does a director of a parent corporation serve as an agent of a subsidiary?
California, United States of America
What is the effect of striking an amended Answer/Claim?
Ontario, Canada
What is the range of damages for loss of pre-judgment interest in equity?
Ontario, Canada
What is the test for "due process" in the context of the Fourteenth Amendment?
MultiRegion, United States of America
What is the defence of estoppel?
Manitoba, Canada
What is the test for evidence of character or trait of character in a criminal case?
California, United States of America
What is the test for a finding of guilty beyond a reasonable doubt in a sexual assault case?
California, United States of America
How have courts interpreted the doctrine of assuming that a broker or broker breached a client's agreement?
California, United States of America
What is the test for responding to a return in a habeas corpus case?
California, United States of America
Is a defendant competent to stand trial for assault?
California, United States of America
Is there a constitutional right for an individual to receive treatment outside of the institution?
MultiRegion, United States of America
In what circumstances can a surviving partner bring a claim for declaratory relief against the estate of a deceased partner?
California, United States of America
How have courts treated the credibility of witnesses in civil cases?
California, United States of America
What are the elements of the "crumbling skull" rule?
British Columbia, Canada
In what circumstances will a common law partner be able to claim sole ownership of a property?
British Columbia, Canada
What is the impact of a breach of international humanitarian law?
Canada (Federal), Canada
What is the test for a writ of habeas corpus de novo?
MultiRegion, United States of America
Is a request to continue a matter reviewed for abuse of power?
California, United States of America
Can a costs order be overturned on appeal?
Ontario, Canada
What is the test for obtaining a warrant to arrest a suspect in a murder case?
California, United States of America
Is solicitor client privilege a valid privilege?
Ontario, Canada
Can a superior court review a decision by a magistrate dismissing a criminal complaint pursuant to section 871.5?
California, United States of America
What is the burden of proving that a claim is in excess of the statutory jurisdictional amount?
MultiRegion, United States of America
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment?
MultiRegion, United States of America
What are the elements of unlawful possession?
California, United States of America
Is a federal district court authorized to order restitution up to the amount set out in the indictment or in the plea agreement?
MultiRegion, United States of America
How have the courts interpreted jury instructions in cases involving gang members?
California, United States of America
Can adverse inferences be applied in a trial?
British Columbia, Canada
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act?
California, United States of America
Does an amendment to the pleadings of a motion requiring a party to be served with a summons apply to a defendant?
California, United States of America
Is there insufficient evidence to sustain a witness-dissuasion conviction?
California, United States of America
How have the courts considered the findings of the predecessor to the s. 211 report?
British Columbia, Canada
What are the implications of leadings cases on the mobility rights of custodial parents?
Alberta, Canada
Can a search warrant be obtained without a hearing?
California, United States of America
Can a dealer sell out of an account without any margin call?
British Columbia, Canada
Does Section 2254(e)(2) of the Criminal Code require additional evidence under section 2254 of the Civil Code to support a claim of sexual assault?
MultiRegion, United States of America
What factors guide the award of increased costs for an unproven allegation?
Alberta, Canada
Is probable cause to make a warrantless arrest based on probable cause?
MultiRegion, United States of America
Is the federal Constitution not violated by not requiring a penalty phase jury to reach unanimity on the basis of aggravating factors?
California, United States of America
What is the test for a charge of concealment for the murder of a male bastard child?
Ontario, Canada
What is the test for a defendant to plead guilty under the Sexual Offences Act?
California, United States of America
What is the burden of proving that a defendant has a claim against them?
California, United States of America
What is the current state of the law on sexual assault?
California, United States of America
If a contract is not a contract, does it provide a basis for determining what obligations the parties have agreed to?
California, United States of America
What is the test for determining whether the force used by a police officer in a search and seizure case was excessive?
MultiRegion, United States of America
What is the test for establishing that a will was executed in compliance with the statutory formalities?
British Columbia, Canada
What is the test for dismissing a pro se complaint for failing to state a claim?
MultiRegion, United States of America
What factors are considered in determining liability for a motor vehicle accident?
California, United States of America
What is the test for determining whether to increase or reduce the lodestar in a medical malpractice case?
California, United States of America
Can a motor vehicle licence holder recover stumpage that was overpaid by the government?
British Columbia, Canada
Can a plaintiff who fails to allege a chilling effect on their ability to file an administrative grievance against the prison where they are serving time in prison claim damages for retaliation?
MultiRegion, United States of America
What is the legal test for a judicial misconduct finding that the mere possibility of misconduct is reasonable?
MultiRegion, United States of America
Does a defendant have a right to both be represented by counsel and participate in the presentation of his case?
California, United States of America
Does the Children’s Aid Society of Niagara Region have a presumption against access under the Child Support Guidelines?
Ontario, Canada
What constitutes reasonable attorney's fees?
California, United States of America
Is there any need to define the word "terrorism"?
Canada (Federal), Canada
What factors will be considered by the courts when deciding whether to grant a default judgment?
MultiRegion, United States of America
When will the Attorney General request to take judicial notice of legislative history pertaining to the amendment of section 207 to include a theory of non-forcible kidnapping of a child for the purpose of molestation?
California, United States of America
What is the test for finding that a defendant has been found guilty of a federal criminal conspiracy to pervert the course of justice?
MultiRegion, United States of America
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence?
California, United States of America
Can a search warrant affidavit be sealed to protect the identity of a confidential informant?
California, United States of America
What is the test for joint representation of conflicting interests?
Nova Scotia, Canada
What is the test for reducing the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the meaning of Section 21 of the Constitution of California?
California, United States of America
What is the test for negligence in assessing the value of a property?
British Columbia, Canada
Can a franchisee claim for breach of fiduciary duty against the franchisee?
Ontario, Canada
What is the effect of the Court of Appeal's Henderson Rule of Appeal when a sentence has been improperly pronounced?
California, United States of America
What is the test for finding that a police officer violated a constitutional right?
MultiRegion, United States of America
What is the test for ineffective assistance in a personal injury case?
California, United States of America
What is the test for a probation search?
California, United States of America
In what circumstances can a defendant be retried on charges of making threats to kill a police officer?
California, United States of America
Is a prevailing party entitled to recover costs in an action or proceeding?
California, United States of America
What is the burden of proving a claimant can perform his past relevant work at step four of the disability determination?
MultiRegion, United States of America
What are the principles that govern the assessment of future care costs?
British Columbia, Canada
Is a motion to dismiss an indictment for a Speedy Trial Act violation automatically excluded?
MultiRegion, United States of America
What is the test for the offence of shouting in a public place?
Saskatchewan, Canada
Is a district court order denying bail pending resolution of a habeas petition a final decision subject to review?
MultiRegion, United States of America
What is the test for determining the validity of a statute?
California, United States of America
Can a trial judge modify a jury's death verdict?
California, United States of America
Is the grand jury an independent body or subordinate to the court?
"New York", United States of America
Can one consent to the intentional infliction of bodily harm?
Ontario, Canada
In what circumstances will the Attorney General change the term "affirmative action" to "preferential treatment"?
California, United States of America
What is the test for damages arising out of a breach of fiduciary duty?
British Columbia, Canada
What is the effect of counsel's affirmative defense of entrapment in a criminal case?
"New York", United States of America
What is the test for admitting evidence of a "spontaneous declaration" made by a minor as evidence of an alleged sexual assault?
California, United States of America
Does our holding conflict with the definition of a crime of violence?
MultiRegion, United States of America
What is the test for a motion for a new trial under the deferential abuse standard?
California, United States of America
Is there reason to doubt the correctness of the decision?
Ontario, Canada
What is the standard of review of an adjudicator's decision?
British Columbia, Canada
Is a former wife's right to inherit the estate of her ex-husband when the husband dies?
Saskatchewan, Canada
What is the burden of proving severance from a joint trial?
MultiRegion, United States of America
What is the test for good grounds for a claim of sexual assault?
Canada (Federal), Canada
What is the test for reading in in a defence case?
British Columbia, Canada
What is the test for determining whether a defendant must pay restitution under section 1202.4 of the California Criminal Code when he is convicted as an accessory after the fact only?
California, United States of America
What is the legal test for insufficient evidence in a prosecution for attempted murder?
California, United States of America
What is the evidentiary burden of evidence against a police field officer in a civil case?
California, United States of America
Does the Human Rights Tribunal have jurisdiction to declare unconstitutional its own enabling statute?
Ontario, Canada
In what circumstances will the court allow a defendant to plead guilty to assault with a firearm?
California, United States of America
Does a conviction for unlawfully carrying a loaded firearm in public as an active participant in a criminal street gang need to be overturned?
California, United States of America
What is the case law on informed consent and general anaesthetic?
Nova Scotia, Canada
