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 jury instruction on special circumstances lying in wait unconstitutionally shifted the burden of proving the lack of a time gap to the defense?
MultiRegion, United States of America
What is the current state of the law in Canada on a publication ban?
Ontario, Canada
What are the factors used by the International Court of Justice in deciding whether to grant an appeal against a deportation order?
Canada (Federal), Canada
Is a search warrant obtained upon information acquired by an illegal search warrant invalid?
California, United States of America
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract?
Saskatchewan, Canada
Is Parenteau entitled to have his case assigned to a different magistrate judge?
MultiRegion, United States of America
What is the test for dismissing a motion to dismiss a petition?
MultiRegion, United States of America
Can a prison officer be held responsible for deprivation?
MultiRegion, United States of America
What is the reasonable notice period for an employee who is terminated without advance notice?
Ontario, Canada
What is the test for knowing of the intent to commit murder?
California, United States of America
Can a probation officer search a parolee without a search warrant?
California, United States of America
What is the required provocation for a jury to consider voluntary manslaughter?
California, United States of America
What is the test for determining the propriety and prejudicial effect of a comment?
California, United States of America
What are the implications of a finding that shares are not family assets?
British Columbia, Canada
How have the courts in BC dealt with the issue of a draft Agreement between a husband and wife?
British Columbia, Canada
Is a plaintiff entitled to costs and attorney fees under the CPRA?
California, United States of America
Is a pro se party entitled to a competency determination when substantial evidence of incompetence is presented?
MultiRegion, United States of America
What is the effect of giving an instruction in a criminal case of felony murder on felony murder?
California, United States of America
What is the test for a motion to suppress?
California, United States of America
How have courts dealt with a motion for a new trial in a sexual assault case?
California, United States of America
Is a spontaneous statement admissible under the hearsay rule?
California, United States of America
Is a challenge to an immigration judge's order of removal wholly intertwined with the merits of the order?
MultiRegion, United States of America
What is the test for reversing findings of fact made by a judge?
Saskatchewan, Canada
Can a claim of right defense be used to recover property from a former employer?
California, United States of America
Does the "new rule" limitation on habeas review by the federal courts validate reasonable, good-faith interpretations of existing precedents made by state courts?
MultiRegion, United States of America
What is the case law in favour of the Court of Appeal in the case of People v Baker?
California, United States of America
What is the test for establishing intent to distribute a large quantity of drugs?
MultiRegion, United States of America
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion?
MultiRegion, United States of America
Does the phrase "per stirpes" in a will need to be interpreted as per stirpes?
Ontario, Canada
How can an employer recover from a judgment against an employee?
California, United States of America
Is equitable set-off available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment?
Saskatchewan, Canada
What is the balance between freedom of the press and the Fifth Amendment?
California, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
What is the law in Canada relative to unjust enrichment?
New Brunswick, Canada
What constitutes an error of law subject to a standard of correctness?
Ontario, Canada
Does a plea of guilty to a violation of section 1325(a)(2) of the Immigration Code apply to a defendant who has eluded examination and inspection by immigration officers?
MultiRegion, United States of America
What is the test for assessing damages in defamation cases?
British Columbia, Canada
How have courts interpreted "plain meaning" in a section of the California Civil Code?
California, United States of America
What is the test for determining whether a sentencing decision was irrational or capricious?
California, United States of America
Does a court have to corroborate or admit evidence that is not corroborated?
MultiRegion, United States of America
Is a negotiated rate differential a collateral source benefit under the collateral source rule?
California, United States of America
What is the test for a demurrer based on the statute of limitations?
California, United States of America
What is the test for variation in a child support order?
British Columbia, Canada
What standard of review applies to a Minister's decision to surrender?
British Columbia, Canada
What is the test for a jury to convict a defendant of conspiracy?
California, United States of America
What is the test for a jury to overturn a finding of not guilty?
California, United States of America
How have we dealt with an appeal from a finding that there are no arguable issues to assert on defendant's behalf?
California, United States of America
Can pursuing post-secondary education result in a child remaining a child of the marriage?
British Columbia, Canada
Is an inmate a class member of the Armstrong v Brown class action if he or she suffers from hearing, vision, mobility, learning, or kidney disabilities?
MultiRegion, United States of America
What is the effect of CALCRIM No. 357 on the doctrine of making an adoptive admission?
California, United States of America
What is the test for disclosing the name of an informant who is a material witness in a criminal case?
California, United States of America
What is the test for admitting evidence from a search without a warrant?
British Columbia, Canada
What is the propriety of a motion to intervene in a motion for judicial review?
California, United States of America
Does a plaintiff have a legally tenable claim against the proposed defendant?
Ontario, Canada
What is the current application process to reclassify theft and drug possession as a misdemeanor?
California, United States of America
What is substantial evidence in the context of an administrative review?
MultiRegion, United States of America
What is the test for a judgment entered in reliance on a stipulation of a settlement agreement?
California, United States of America
Does identifying a "myth" or "misconception" require the prosecution to expressly state the evidence which contradicts the finding of molestation?
California, United States of America
What is the test for determining whether a minimum sentence for possession of a small amount of marijuana is disproportionate to the offense and offender?
California, United States of America
What is the impact of a Minister's failure to stop a pharmaceutical company from suing for damages?
Canada (Federal), Canada
Can Section 1981 be invoked in cases brought directly under the Fourteenth Amendment?
MultiRegion, United States of America
What is the current state of the law on the charge of conspiracy to pervert the course of justice?
MultiRegion, United States of America
What is the test for claiming expenses under Section 118.2(2)(e)?
Canada (Federal), Canada
What is the meaning of the Eleventh Amendment and what is the effect of it?
MultiRegion, United States of America
How has the US Supreme Court treated the case law in the context of civil rights cases?
California, United States of America
Does an occupier's duty not extend to supervising an experienced tradesperson in the carrying out of his or her occupation?
British Columbia, Canada
What is the test for standing to challenge a search warrant?
MultiRegion, United States of America
What is the impact of a settled statement in a motor vehicle case?
California, United States of America
What is the test for a motion to modify a child support order?
"New York", United States of America
What is the test for disclosing the identity of a confidential informant in a criminal case?
MultiRegion, United States of America
What is the test for a court of last resort interpretation of the California Declaration of Rights?
California, United States of America
What is the burden of proving a search or seizure without a warrant?
California, United States of America
How have courts interpreted the phrase "second bite at the apple"?
California, United States of America
Does the California Education Commission have jurisdiction to dismiss probationary teachers?
California, United States of America
Can a prosecutor be found to have committed misconduct by presenting evidence that the prosecutor knows is inadmissible?
California, United States of America
Is a hallucination admissible to reduce first degree murder to second degree?
California, United States of America
What is the consent defense in sexual assault cases?
California, United States of America
Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending?
California, United States of America
Can a party assert a claim against a trustee in the personal capacity or in the representative capacity?
California, United States of America
Is a debt arising from a malicious injury when it is determined that the creditor intended to cause injury to the creditor or had a reasonable chance of injury?
federal, United States of America
What is fair market value for damages under section 3354 of the California Civil Code?
MultiRegion, United States of America
What is the test for determining whether there is a need for a judicial review of a decision by the President to grant a hearing?
MultiRegion, United States of America
What is the test for whether a search is legal under the Fourth Amendment?
MultiRegion, United States of America
What is the test for counsel to be able to be a witness in a contentious matter?
Ontario, Canada
What is the legal test for subjective use of the Fourth Amendment?
"New York", United States of America
Does the trial court erred by denying a motion to suppress evidence found during a search of a van by law enforcement?
California, United States of America
Does the use of a gang name such as "Mexican Mafia" constitute an equal protection violation?
MultiRegion, United States of America
Is Espinoza-Godinez's defence counsel allowed him to cross-examine the testimony of the government witness in a partially inaudible section of the tape?
MultiRegion, United States of America
What is the test for obtaining consent to search a person in a search warrant?
MultiRegion, United States of America
What is the current state of the law in this case?
California, United States of America
What constitutes a conspiracy to commit a crime?
California, United States of America
Does indemnity accrue when payment has been made upon the underlying claim?
MultiRegion, United States of America
Can a defendant be convicted by the testimony of an accomplice?
California, United States of America
What is the current state of the law on "impromptu instruction on reasonable doubt"?
California, United States of America
Is there probable cause to arrest Basher for illegal discharge of a firearm and for violating a burn ban?
MultiRegion, United States of America
What is the test for whether a private individual acts as a government agent for Fourth Amendment purposes?
MultiRegion, United States of America
In what circumstances will a judge order a lump sum payment to reimburse a wife for past accounting and legal expenses?
British Columbia, Canada
What are the causes of action under both federal and state law?
MultiRegion, United States of America
What is the effect of designation of a conviction under Count 1 as a misdemeanor under section 1170.18 of the California Criminal Code?
California, United States of America
Does the error in instructing the jury as to the elements of the natural and probable consequences doctrine constitute harmless beyond a reasonable doubt?
California, United States of America
Is there any case law where a defendant's own testimony relating to his state of mind was excluded from his own testimony?
MultiRegion, United States of America
What factors will be considered in determining whether to retroactively award child support?
British Columbia, Canada
What is the standard of review applied on appeal from a demurrer?
California, United States of America
What is the test for good cause to request records from a governmental agency?
California, United States of America
What is the test for "clear error" in the evidentiary review of a finding by a federal district court?
MultiRegion, United States of America
What is the test for dismissing an appeal from a judgment or order that is not an appealable order?
California, United States of America
Is a joint obligation on every parent to support and nurture his or her children to be reviewed in the context of a variation under the Divorce Act?
British Columbia, Canada
Is a personal injury insurer required to pay a plaintiff's legal fees and costs for the purposes of their insurance policy?
Ontario, Canada
Is a court empowered to release a film without making a determination that the films were not contraband?
California, United States of America
What is the test for damages for malicious prosecution?
Ontario, Canada
What is the range of damages for a plaintiff who refused to accept a number of reasonable recommendations from her medical advisors?
British Columbia, Canada
Is there any evidence that juror number 4 violated his Sixth Amendment right to jury trial by refusing to deliberate?
MultiRegion, United States of America
In what circumstances will a court allow a defendant to plead not guilty to a charge of attempted murder where the accused has admitted making threats against the victim?
California, United States of America
What is the test for a chauffeur license?
Saskatchewan, Canada
What are the elements of a common law arbitration framework?
Ontario, Canada
Is a defendant's sister-in-law who is on trial for a capital murder trial failing to disclose that she is a victim of the crime?
MultiRegion, United States of America
Can provocation reduce first degree murder to second degree murder?
California, United States of America
What is the test for having a jury trial in a civil case?
California, United States of America
What is the impact of the pandemic in our justice system?
Ontario, Canada
What are the exhibits in a personal injury case?
MultiRegion, United States of America
Can a relator appeal from a conviction for contempt of court for failing to comply with a habeas corpus order?
"New York", United States of America
Does a juror have a right not to be excluded from a jury on the basis of race?
MultiRegion, United States of America
What is the test for overturning convictions for rape and incest in a prosecution without corroborative evidence?
California, United States of America
Is there a duty of procedural fairness on the adjudicator in conducting an adjudication that could lead to the cancelling of a veterinarian's accreditation?
Canada (Federal), Canada
What is the test for confirming a prohibition on same sex marriage?
British Columbia, Canada
Can a seller exclude an implied warranty through a contract term?
British Columbia, Canada
Does the trial court discharge its duty to resolve the evidentiary conflicts as to whether the confessions were given under the influence of LSD?
MultiRegion, United States of America
Does the court have any authority or authority to compel a jury to accept a prosecutor's interpretation of the law?
California, United States of America
What is the liability of a stranger to a trust?
Alberta, Canada
What is the test for a learned justice of the peace to stay a motion to prevent abuse of process?
British Columbia, Canada
What is the test for determining whether an employee is an employee under the Ontario Compensation Act?
California, United States of America
Does the error in allowing a jury to learn of a prior conviction compel a reversal?
California, United States of America
What is the current state of the law on discrimination against the prison authorities?
MultiRegion, United States of America
What is the test for an official to be found guilty of a breach of the Civil Code of Civil Procedure?
MultiRegion, United States of America
What are the governing principles of the BCSC?
British Columbia, Canada
Are there any grounds for dismissal under section 707(a) of the California Civil Code?
federal, United States of America
What is the consequence of the special circumstances in a single murder count in a non-capital case?
California, United States of America
What is the impact of section 5 of the Indian Code of Civil Procedure on Indian rights?
MultiRegion, United States of America
How has the court interpreted the "necessary implication" doctrine in adding words in a will?
Alberta, Canada
Is the sufficiency of an indictment reviewed de novo?
MultiRegion, United States of America
Is reasonable reliance an element in a cause of action?
California, United States of America
Is there a clear abuse of evidentiary power in the federal district court's evidentiary rulings?
MultiRegion, United States of America
What is the standard of review for a claim under the California Statutory Interpretation Act?
California, United States of America
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code?
California, United States of America
When will a court consider a custodial parent’s reason for moving?
British Columbia, Canada
What is the test for interpretation of a collective agreement?
Canada (Federal), Canada
Does the credibility of witnesses matter to the hearing officer?
Ontario, Canada
Can the dismissal of a criminal case be dismissed for want of prosecution?
MultiRegion, United States of America
What is the test for abuse of discretion when determining that a litigant is a prevailing party?
California, United States of America
How have the courts interpreted a plea agreement?
California, United States of America
Is a denial of leave to amend per se an abuse of discretion?
California, United States of America
What is the test for a conditional discharge under section 1203 of the California Probation Act?
California, United States of America
Is contract liability insurance coverage limited to personal injury and property damage?
California, United States of America
Is a husband entitled to equal division of disability benefits received by his wife from a pension plan earned during their marriage?
British Columbia, Canada
What is the test for proving professional negligence?
California, United States of America
What is the definition and description of a criminal offence under section 11106 of the New York State Code of Civil Procedure?
California, United States of America
What is the test for an action claiming attempt to monopolize?
MultiRegion, United States of America
How have the courts treated evidence in the context of an allegation of conspiracy to cultivate marijuana?
MultiRegion, United States of America
Is a realtor's authority limited?
British Columbia, Canada
What is the test for making a prediction on a mobility application?
British Columbia, Canada
What are the implications of a district court order granting preliminary injunctive relief?
MultiRegion, United States of America
If a party marries for the purposes of immigration, can that marriage still be deemed valid?
British Columbia, Canada
What is the test for determining whether a prisoner's civil rights have been abridged as a result of his medical negligence?
MultiRegion, United States of America
Is a defendant required to obtain a certificate of probable cause to appeal his no contest plea?
California, United States of America
How have the courts interpreted the language of 'attempting to steal' in the context of the definition of theft by larceny?
California, United States of America
How has liability been determined for a motorist who exited a parking space into an aisle and was subsequently involved in a collision with another motorist driving in the aisle?
Ontario, Canada
What is the effect of direct communication between a defendant and his lawyer?
MultiRegion, United States of America
In what circumstances will a police dog bite a suspect?
MultiRegion, United States of America
Is a court's decision on discoverability of material in police files reviewable under the abuse standard?
California, United States of America
Is there any case law where a defendant had to accept responsibility for each charge in a criminal case?
MultiRegion, United States of America
What is the test for causing undue prejudice in a criminal case?
California, United States of America
How have the courts interpreted a prosecutor's argument and jury instructions in a motion to amend the facts of a charge of an offence not shown at the preliminary hearing?
California, United States of America
What is the test for reasonable searches in the context of the Fourth Amendment?
MultiRegion, United States of America
Can a defendant change the attire of a witness at trial while wearing identifiable prison clothing?
California, United States of America
Is the use of a firearm an element of the crime?
California, United States of America
What is the test for interlocutory application in an action made either before or after final judgment?
Saskatchewan, Canada
How have courts interpreted equality in s. 15 of the Charter?
Canada (Federal), Canada
What is the test for a disparate impact claim?
MultiRegion, United States of America
What is the standard of review for a party to amend or amend their pleading?
California, United States of America
Is there an objectively serious medical need for an individual with HCV?
MultiRegion, United States of America
What are the consequences of the pleadings?
British Columbia, Canada
Is a probation condition that regulates non-criminal conduct an abuse of discretion?
California, United States of America
What is the test for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
What is the implied condition of an express warranty?
Saskatchewan, Canada
Is a trial court's failure to indicate on record that the referral of the parties to mediation is reversible error?
California, United States of America
What is the test for establishing exclusive possession of a property on one or two grounds?
New Brunswick, Canada
What is sexual battery and what is the definition of the crime?
California, United States of America
In a criminal case in which conflicting testimony is presented, what is the standard of care provided by the Court of Appeal?
California, United States of America
Can a defendant who is not represented by counsel participate in the conduct of the trial during the trial?
California, United States of America
Does a mortgagee have a right to sue for the proceeds of the mortgage if they have mortgaged the estate?
Saskatchewan, Canada
Does the court's comment that a jury would not be able to distinguish between perfect and imperfect self-defense is harmless?
California, United States of America
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense?
MultiRegion, United States of America
What is the legal test for probable use of a firearm?
California, United States of America
Can a pleading that a physician has allegations of prior misconduct be relevant to the subsequent conduct of the doctor?
Ontario, Canada
Can a judge order that a defendant be denied counsel at the Juvenile Court of Appeal?
California, United States of America
Does a property condition disclosure statement need to be more detailed?
British Columbia, Canada
Is a probation order revoked after judgment affecting substantial rights affecting a defendant's substantial rights?
California, United States of America
Is CAIP liable for the use of cached copies?
Canada (Federal), Canada
What is the burden of proof relating to a hypothetical event in a damages assessment?
British Columbia, Canada
What is the test for determining liability for negligence in a motor vehicle accident?
California, United States of America
