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.
Is a statute of repose sufficient to block causes of action before they even accrue?
"New York", United States of America
Can a litigant who cannot pay the costs of a lawsuit proceed in forma pauperis?
MultiRegion, United States of America
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial?
MultiRegion, United States of America
Can a statement by a police officer be admitted as evidence?
Ontario, Canada
Can the Minister of Justice use confidential information in the administration of the Criminal Code Act?
Canada (Federal), Canada
What is the test for determining whether provocation was a factor in a murder case?
California, United States of America
What is the test for a plaintiff to bring a cause of action against defendants' attorneys?
California, United States of America
Does litigation privilege apply to the anti-SLAPP statute?
California, United States of America
What is the test for denial of access to the courts?
MultiRegion, United States of America
How have the courts treated a prosecutor's argument that appellant was mentally disabled?
California, United States of America
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim?
Saskatchewan, Canada
Does probation or parole have any constitutional significance?
MultiRegion, United States of America
What is the test for credibility in a sexual assault case?
California, United States of America
What is the standard of proof at common law?
British Columbia, Canada
What is the test for determining whether a search conducted by Border Patrol officers was "reasonable" under the Fourth Amendment?
MultiRegion, United States of America
What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure?
Prince Edward Island, Canada
What factors will be considered in determining whether a plaintiff has been injured in the workplace?
British Columbia, Canada
Does Section 778a of the California Criminal Code apply to a medical malpractice case?
California, United States of America
Does the use of information obtained from a non-custodial interview of Becky by the Department of Justice under the Miranda Rule apply?
MultiRegion, United States of America
What is the appeal by the Chief Building Official under s.38(3) of the Building Code Act?
Ontario, Canada
What is the evidence that supports the claim that Baron provided Arao with reasonable notice of possession of an easement on his parcel?
California, United States of America
What is the test for damages in a motor vehicle accident?
Saskatchewan, Canada
What is the test for allowing inference of guilt in a criminal case?
California, United States of America
In what circumstances will a motion to suppress a search warrant be denied?
"New York", United States of America
Does a prisoner need to exhaust all levels of review?
MultiRegion, United States of America
How has the court in BC dealt with the issue of division of the net value of the spouses' net assets?
British Columbia, Canada
What factors will the Court consider in deciding whether to grant special status to a student who has been denied access to the education system?
British Columbia, Canada
What is the likelihood that the mother will succeed in her mobility claim at trial if she facilitates the father's relationship with the child?
Ontario, Canada
Can a driver who has a history of prior DUI convictions be found guilty of causing death by dangerous driving?
California, United States of America
Can a complaint be dismissed under section 27(1)(b) of the Criminal Code?
British Columbia, Canada
Does the term "an alien who is removable" need to be interpreted as "removable"?
MultiRegion, United States of America
What is the test for criminal conduct by members of a criminal gang?
California, United States of America
What is the state of the law in this case?
California, United States of America
What is the test for fraudulent conveyances?
Ontario, Canada
What is the test for determining whether sufficient evidence supports a verdict in a kidnapping case?
California, United States of America
What is the test for determining that a defective jury instruction "so infected the entire trial that the resulting conviction violates due process"?
MultiRegion, United States of America
How have the courts interpreted a prosecutor's comment during closing argument?
California, United States of America
What is the legal test for introducing an "unavailable witness" at the preliminary hearing?
California, United States of America
How have courts interpreted language in the context of an underwritten Family Protection Policy?
California, United States of America
How has section 396 of the California Civil Code been interpreted by courts?
California, United States of America
What is the current state of the law on "reasonable tactical decisions" in the context of a claim of ineffective assistance of counsel?
California, United States of America
Can a police officer create a special relationship with another officer?
California, United States of America
How have courts treated a claim that a calling is more honorable than another calling?
California, United States of America
What is the effect of section 656 of the Code of Civil Procedure on a motion for a new trial?
California, United States of America
How much income is imputed to a payor who is unemployed or underemployed due to their own misconduct or fault?
Ontario, Canada
What is the standard of review applicable to the respondent under the CCRA?
British Columbia, Canada
Can a state court's procedural or evidentiary ruling be subject to federal habeas review?
MultiRegion, United States of America
Under what circumstances will a probation officer be able to search a defendant's computer without a search warrant?
MultiRegion, United States of America
What are the relevant facts for determining whether a defendant was in custody prior to making any admissions?
California, United States of America
In a medical malpractice case, in what circumstances will an expert be able to rely solely on evidence that supports his opinion?
California, United States of America
What is the test for reversing a jury verdict in a personal injury case?
California, United States of America
What are the findings of the Court of Appeal in the Superior Court of California in the context of sexual assault cases?
California, United States of America
What is the basis for these assertions?
British Columbia, Canada
What is the legal test for an expert testimony in a medical malpractice case?
California, United States of America
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial?
MultiRegion, United States of America
What is the legal principle for calculation of damages payable as a result of breach of contract?
Ontario, Canada
What is the sham affidavit rule?
MultiRegion, United States of America
Does Section 664.6 require a noticed motion as opposed to an ex parte motion?
California, United States of America
What is the test for making a judgment in a different form?
Saskatchewan, Canada
Can consent to search be obtained and subsequently withdrawn?
California, United States of America
Does a denial of due process under section 1368 of the Criminal Code apply to a defendant's mental health issues?
California, United States of America
What are the reasons given in this family law case?
British Columbia, Canada
Is a defendant's withdrawn guilty plea admissible as evidence in a subsequent civil action?
"New York", United States of America
What is the test for obtaining a warrant for search and seizure without a warrant?
California, United States of America
Can a prison medical director force an inmate to undergo surgery without their consent?
MultiRegion, United States of America
What is considered "material" in a tort action?
Ontario, Canada
Is there a right against compulsory self-incrimination?
California, United States of America
Does the actual interrogation of a witness satisfy the Sixth Amendment?
MultiRegion, United States of America
What is probable cause to issue a search warrant?
California, United States of America
Is contributory negligence a defense in a motor vehicle accident case?
California, United States of America
Can a defendant waive his right to appeal in exchange for a lower sentence?
MultiRegion, United States of America
Does the Limitations Act, 2002, change the common law with respect to demand promissory notes?
Ontario, Canada
Can a third party beneficiary of an arbitration agreement enforce the arbitration agreement against a plaintiff?
California, United States of America
Does the Registrar have jurisdiction to dismiss a complaint?
British Columbia, Canada
Is it permissible for the state to introduce testimony that was given by the accused at a probation revocation hearing?
California, United States of America
Can a plaintiff plead to make an amended complaint complete without referring to a prior pleading?
MultiRegion, United States of America
What is the test for maintaining an Eighth Amendment claim based on medical care in prison?
MultiRegion, United States of America
What is the burden of applying for disability benefits where the applicant must meet the requirements for substantial gainful employment that exists in the national economy?
MultiRegion, United States of America
What is the scope of s. 2 (b) of the Charter in relation to media coverage of court proceedings?
Alberta, Canada
What is the test for admissibility of evidence in a civil case?
California, United States of America
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge?
California, United States of America
What are the grounds of appeal for a motion to dismiss an application for a certificate of probable cause?
California, United States of America
Is the prevailing respondent entitled to attorney's fees in an appeal at band?
California, United States of America
How has the court interpreted the word "premeditated" before murder in a premeditated murder case?
California, United States of America
Is a respondent required to admit liability in the context of a settlement offer or agreement?
British Columbia, Canada
If a Commissioner of Health and Human Services finds that a patient is receiving inadequate medical care, does the patient need to undergo additional treatment?
MultiRegion, United States of America
Does an application of pepper spray to a prisoner who is refusing to comply with orders constitute excessive force?
MultiRegion, United States of America
Can a defendant plead guilty as charged under section 415 of the California Penal Code for engaging in tumultuous And offensive conduct?
California, United States of America
What are the tests for a constructive trust?
British Columbia, Canada
What is the test for denying equal protection under the equal protection clause?
California, United States of America
When the two standards of reasonableness and patent unreasonableness have been collapsed into a single standard, what is the current state of the law on deference?
Ontario, Canada
What is the test for reasonable-suspicion?
California, United States of America
Can a motion to vacate a default judgment be made against a debtor who failed to respond to the notice?
MultiRegion, United States of America
When will a federal judge review a federal prosecutor's decision not to charge a sex offender?
MultiRegion, United States of America
Is there a high onus on good faith on a party seeking leave to bring a derivative action?
Ontario, Canada
Is there an established exception to the settlement privilege?
Newfoundland and Labrador, Canada
What is the test for assessing the correctness of a finding in a nonjudicial foreclosure?
California, United States of America
What is the exclusion clause in a rental policy where a fire starts to spread to the adjacent house?
British Columbia, Canada
Does a judge have jurisdiction to charge the jury on a range of damages?
British Columbia, Canada
What is the consequence of a Licensee’s conduct in a sexual assault case?
Ontario, Canada
What are the consequences of a failure to issue a requested statement of decision?
California, United States of America
What is the test for establishing reasonable employment conditions for an elderly employee?
Manitoba, Canada
What is the test for the purpose of compensatory support in a long-term disability case?
Ontario, Canada
What is the necessity criterion in a co-conspiracy case?
Ontario, Canada
When a state court finds a constitutional error to be harmless beyond a reasonable doubt, can a federal court grant habeas relief?
MultiRegion, United States of America
Is a defendant's statement made to a police officer while in custody a privilege against self-incrimination?
California, United States of America
Can a witness impeach his own witness?
California, United States of America
What if the court had not been informed of the pending trustee-ordered appraisal before issuing its oral ruling?
MultiRegion, United States of America
What are the material facts in a personal injury case?
British Columbia, Canada
What is the burden of establishing that prosecutorial misconduct at the retrial of an accused violated the Double Jeopardy Clause of the Fifth Amendment?
MultiRegion, United States of America
What is the legal test for reversal of a jury verdict in a sexual assault case?
California, United States of America
Does the standard of proof need to be increased in criminal cases?
Nova Scotia, Canada
What is the effect of a court's refusal to permit the filing of a second amended complaint?
California, United States of America
What is the test for admitting or excluding evidence in a sexual assault case?
California, United States of America
What is the test for an abuse of discretion?
California, United States of America
What is the case law in favour of continuing child support?
British Columbia, Canada
What is the proper disposition of a second cause of action for breach of contract?
California, United States of America
What is the penalty for an administrative suspension?
Ontario, Canada
What is the disparate impact cause of action under section 703(a)(2)?
MultiRegion, United States of America
What is the standard of conduct of a judge at trial where a defendant has been accused of failing to follow proper argument?
MultiRegion, United States of America
How have courts found an error of error harmless beyond a reasonable doubt?
California, United States of America
Does a difference in opinion between a prisoner and medical provider concerning the appropriate course of treatment for his mental health problems constitute a claim under the Eighth Amendment?
MultiRegion, United States of America
Does the trial court need to shoving the jury in the direction of nullification?
California, United States of America
Does section 356 of the California Code of Civil Procedure prohibit the use of certain portions of a conversation, act, or writing so as to create a misleading impression?
California, United States of America
What is the standard of review for determining whether a statute or regulation is unconstitutionally vague?
MultiRegion, United States of America
What is the test for a pro se plaintiff to amend to a third amended complaint?
MultiRegion, United States of America
Does a plaintiff have to demonstrate good faith in their application for a judicial review of a motion?
MultiRegion, United States of America
What is the standard voir for selecting a jury in a civil case?
MultiRegion, United States of America
What is the test for a motion for a new trial based on newly discovered evidence?
California, United States of America
What are the elements of a criminal gang's primary activities?
California, United States of America
Is there a distinction between a homicidal assault case and a non-homicidal assault case?
California, United States of America
Is a purchaser bound by the words “accepts the title of the vendor”?
Saskatchewan, Canada
What is the test for a finding of prosecutorial misconduct for abuse of discretion?
California, United States of America
What is the justification defense in the context of sexual assault cases?
MultiRegion, United States of America
How have medical records and statements been used to support a defendant's claim of self-defense?
California, United States of America
Can a claim for sick leave be made against the sick leave bank?
Nova Scotia, Canada
In what circumstances will a police officer who is close to where a man is trying to flag down a car at night be able to identify him by yelling "coke" in the middle of the road?
California, United States of America
What rights does a public official have to speak out in the workplace?
MultiRegion, United States of America
Can a single act or indivisible course of conduct result in multiple punishment under section 654 of the California Criminal Code?
California, United States of America
Can a rescission clause in a contract be rescinded?
British Columbia, Canada
In a personal injury action, is a plaintiff entitled to damages for not following the recommendations of their doctors?
British Columbia, Canada
Does the statute of limitations apply to a plaintiff who has been charged with assault?
MultiRegion, United States of America
What is the test for determining whether a homeowner is liable for damages caused by the construction of a flood control project?
California, United States of America
Can a false publication concerning a deceased person support a claim for intentional infliction of emotional distress?
California, United States of America
What is the test for successful appeal from a master’s decision or order on the ground of error of fact?
British Columbia, Canada
What is the test for imputing income under section 19 of the Guidelines for Support Guidelines?
Ontario, Canada
What is the test for conducting a substantial evidence review of a finding of fact?
California, United States of America
In what circumstances will an expert be allowed to testify in a criminal case?
California, United States of America
What are the elements of the tort of public disclosure of private facts?
California, United States of America
What is the effect of a finding of not guilty on a motion for resentencing with no hearing?
California, United States of America
What is an obligation of a search warrant holder to notify the issuing magistrate of a change in circumstance prior to a search?
MultiRegion, United States of America
What is the test for an excessive force claim against a correctional officer-bystander?
MultiRegion, United States of America
What is the legal test required to prove a defence of justification in a defamation case?
British Columbia, Canada
What is the test for a jury to find an aider and abettor responsible for the mental state of the perpetrator?
California, United States of America
What is the test for producing or failing to produce a record at trial?
Ontario, Canada
Does a violation of a federal statute and injury to some person as a result of that violation give rise to a private cause of action?
MultiRegion, United States of America
What is the test for possession of property obtained by crime?
British Columbia, Canada
Does a defendant have an incentive to plead guilty to a charge of sexual assault?
California, United States of America
Can the testimony of a sexual assault victim be enough to convict a defendant beyond a reasonable doubt?
California, United States of America
What is the test for determining whether a judge has jurisdiction to grant a motion of appeal?
California, United States of America
What is the test for exclusion of evidence obtained by federal officers through unreasonable searches and seizures?
MultiRegion, United States of America
What is the test for determining whether a person has a valid claim?
MultiRegion, United States of America
What is the test for determining whether there was a single criminal act?
California, United States of America
What is the prosecution's theory for determining whether a defendant was responsible for the fatal shooting?
California, United States of America
What is the burden of proving the adequacy of representation for a class action?
California, United States of America
What is the test for admitting evidence of sexual conduct of a complaining witness?
California, United States of America
How have courts interpreted the "no preference" clause in the Federal Religious Freedom Act?
California, United States of America
What is the test for sustaining an action on appeal against a finding of improper reasoning?
California, United States of America
What is the range of damages for past loss of income?
British Columbia, Canada
What is the legal test to apply to loss of income prior to trial?
British Columbia, Canada
Can a party who has filed a certificate of pending litigation have asserted a proprietary claim?
British Columbia, Canada
What is the legal test for a consent judgment?
Ontario, Canada
Where prejudice has been found to be prejudice against a plaintiff in a civil case?
California, United States of America
Is appellant entitled to be released from custody pending further review of the abstract of judgment?
California, United States of America
Can a motor vehicle be declared an instrument of work of the debtor?
Canada (Federal), Canada
Can a trial judge impose restrictions on an imminent relocation of the custodial parent?
Nova Scotia, Canada
How have courts dealt with a claim for damages arising out of a breach of trust?
California, United States of America
What is the test for determining whether an agency's silence is sufficient to determine whether a decision was arbitrary or capricious?
MultiRegion, United States of America
What is the test for seeking judicial review of a final order or decision rendered by a state or local agency?
California, United States of America
What is the standard of review of inferences in a summary conviction appeal?
Alberta, Canada
What is the test for revocation of a defendant's right to counsel?
California, United States of America
What is the test for conducting a judicial review of a finding of false imprisonment?
California, United States of America
Is an injury arising out of the employment?
California, United States of America
Is a plaintiff’s inability to collect wages for December a forfeiture of his right to wages?
Saskatchewan, Canada
Can a conversation that is three months old be considered in determining probable cause?
British Columbia, Canada
What is the test for a judge to award full recovery in a custody action where a party has met the conditions in Rule 18(14) of the Rules of Civil Procedure?
Ontario, Canada
What is the test for establishing a conflict of interest with counsel?
California, United States of America
What factors properly enter into a prosecutor's decision not to charge a defendant under the Equal Rights Act?
California, United States of America
What is the test for qualified immunity in civil litigation?
MultiRegion, United States of America
What is the standard of review of a support order at the Court of Appeal?
British Columbia, Canada
How have the courts dealt with a Petition for Writ of Habeas Corpus?
California, United States of America
What is the current state of the law in favour of granting leave to amend?
MultiRegion, United States of America
In what circumstances will a designer be able to assert copyright to a "sleeve chart" designed to operate as a pattern for cutting out sleeves?
Canada (Federal), Canada
Does a defendant who has pleaded guilty to a charge of false imprisonment have a Fifth Amendment privilege against self-incrimination?
California, United States of America
What is the effect of a decision by the Law Society of BC Discipline Committee to suspend a lawyer from practice for a one-month suspension?
British Columbia, Canada
Can a defendant appeal against his sentence under Section 667(e)(2)(C) of section 667 of the California Criminal Code?
California, United States of America
Does Defendant's chosen legal theory rather constrain the defense?
MultiRegion, United States of America
What factors must the court consider in determining a divorce under s. 15.2(4) of the Divorce Act?
British Columbia, Canada
In what circumstances will a mortgagee be able to collect a deficiency from a sale of the mortgaged property?
Alberta, Canada
Does a final order for foreclosure extinguish an insurable interest?
Saskatchewan, Canada
