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 the test for determining whether a police officer's motivation is relevant to a criminal investigation?
"New York", United States of America
What is the test for establishing a defendant's guilt beyond a reasonable doubt?
California, United States of America
What factors must be considered to determine whether a defendant's attorney failed to object at sentencing?
California, United States of America
Is s. 14.1 of the Rules and Regulations of the Royal Canadian Dental Commission illegal, unlawful and unlawful?
British Columbia, Canada
What is the test for ineffective assistance in a civil case?
California, United States of America
Is a request to continue a matter reviewed for abuse of power?
California, United States of America
What is the test for a revocation of a license?
Ontario, Canada
Can a third party holding the record be compelled to produce the record directly or directly?
Alberta, Canada
Does a defendant have absolute quasi-judicial immunity from liability in a civil action brought by a plaintiff against a parole board official?
MultiRegion, United States of America
What is the test for determining whether a plaintiff's cause of action is in furtherance of their right to petition or free speech?
California, United States of America
Can a prosecutor be charged with misconduct for making comments in rebuttal to a defense argument?
California, United States of America
What is the standard of review for the application of a legal test to the facts as found?
Newfoundland and Labrador, Canada
What is the test for excluding relevant evidence in a sexual assault case?
California, United States of America
Is prosecutorial misconduct a criminal offence?
California, United States of America
Is a witness's testimony inconsistent with that of the witness at trial?
California, United States of America
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process?
California, United States of America
Can a review judge’s perspective be wide-angled, not microscopic?
Nova Scotia, Canada
Does a judge strike the facts from a probation officer's report that dealt with the facts of a crime of which defendant was convicted?
California, United States of America
Does the discovery rule apply to a plaintiff who has reason to discover the cause of action?
California, United States of America
Can a litigant’s lawyer appear as a witness at trial?
Ontario, Canada
What is the difference between a state and a judicially-crafted search rule?
MultiRegion, United States of America
What is the test for a show-cause motion?
Canada (Federal), Canada
What is the current state of the law on the modified categorical approach?
MultiRegion, United States of America
What is the legal immunity of a judge from prosecution?
Canada (Federal), Canada
Can a state court refuse to grant a motion for habeas?
MultiRegion, United States of America
What is the impact of a party's failure or refusal to disclose their financial circumstances to the court?
British Columbia, Canada
Can a fiduciary position holder be required to repay an amount unaccounted for?
Ontario, Canada
Does a defendant need to know that the relevant officer is a federal investigator?
MultiRegion, United States of America
What is the case law on concurrent sentences for assault and assault with intent to pervert the course of justice?
California, United States of America
Can management exercise their own rights when refusing to continue to employ an employee?
Canada (Federal), Canada
What is the test for an implied waiver of solicitor-client privilege?
British Columbia, Canada
Is a factfinder entitled to disregard an expert's opinion?
California, United States of America
What is a palpable error or palpable error?
British Columbia, Canada
What is the test for giving a jury instruction on an affirmative defense?
California, United States of America
Does a defendant have a claim that counsel improperly failed to call certain defense witnesses?
California, United States of America
How have courts interpreted the meaning of section 15610.30 of the California Family Law Code?
California, United States of America
Is a father entitled to credit for his son's dance classes and costumes since the date of the consent order?
New Brunswick, Canada
What are appellant's claims that the trial court improperly allowed him to replace his retained attorney with a new attorney?
California, United States of America
Does a limited hunting restriction on hunting in accordance with the terms of the Agreement?
Saskatchewan, Canada
What is the test for a conviction of assault under Section 245 of the California Code of Civil Procedure?
California, United States of America
What is the standard of review required by the California Court of Appeal for an enhancement to a criminal conviction?
California, United States of America
Is there any evidence that the court erred when it declined to instruct on withdrawal as a defense to aiding and abetting?
California, United States of America
How has the Attorney General dealt with a defendant's challenge to the restitution fine?
California, United States of America
How does the Court of Appeal review a claim of insufficient evidence?
California, United States of America
How has the Court considered an appeal from an appellant who made a 9-1 call to report a sexual assault?
California, United States of America
How has the judge considered new evidence in a sexual assault case?
British Columbia, Canada
What is the legal test for a motion to dismiss a criminal charge under section 871 of the Criminal Code?
California, United States of America
For the purposes of instructing a jury on the degree of homicide under section 189 of the California Criminal Code, what are the reasons why such instructions were rejected?
California, United States of America
How has section 3856 of the California Labor Code been interpreted in the context of attorney fees?
California, United States of America
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge?
California, United States of America
Is a motion to extend time for service of a statement of claim in a motor vehicle accident just a "just resolution" of the claim?
Ontario, Canada
Is a reasonably minded person of ample means ready to incur the expense for which an award is sought?
British Columbia, Canada
In what circumstances will a plaintiff have to rely on an interpreter at trial?
Alberta, Canada
Does the limitation period apply to enforcement of an order for child maintenance?
British Columbia, Canada
Are there any federal decisions that support TKPOA's claim that the mitigation fee is unconstitutional?
California, United States of America
What is the current range of maximum sentences for possession with intent to distribute cocaine?
MultiRegion, United States of America
What is the test for an individual to plead guilty in a federal civil case?
MultiRegion, United States of America
What is the test for determining whether an employee’s conduct provides cause for dismissal?
British Columbia, Canada
What is the test for determining whether a death row inmate can be executed without cause of execution?
MultiRegion, United States of America
What are the elements of a gift?
California, United States of America
Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination?
California, United States of America
What is the test for appeal leave to appeal the decision of a development appeal board?
Alberta, Canada
What is the law on the duty of a judge in determining whether there is insufficient or insufficient evidence?
Saskatchewan, Canada
What is the test for a challenge to the sufficiency of the evidence in a sexual assault case?
California, United States of America
Is there a statutory right to the use of the creeks in question?
Ontario, Canada
What is the scope of the Attorney General's authority to grant voluntary departure from the INS?
MultiRegion, United States of America
What role does the Minister of Justice (“Minister of Justice) in dealing with the issue of extradition?
Ontario, Canada
What is the test for a motion for cause of cause?
California, United States of America
What is the current state of the law on "speculation" in an application for an INS application?
MultiRegion, United States of America
Does Defendant have to prove that the trial court abused its discretion by denying a motion for a continuance?
California, United States of America
How have courts treated deficient performance by counsel?
California, United States of America
Is a plaintiff at high risk of developing a back injury as a result of an asymptomatic non-tortious precondition?
British Columbia, Canada
What is the appropriate sentence for a 19 year old first offender who sexually assaulted an unconscious intoxicated victim without using a condom?
Ontario, Canada
What is the test for reversal of a motion where a defendant is denied access to a defense interpreter?
California, United States of America
Does an out-of-court statement introduced to prove the truth of the matter constitute hearsay?
"New York", United States of America
What is the process for hearing a personal injury claim at the BC SPCA?
British Columbia, Canada
How have the sections 8 factors under s. 8 of the Statutory Guidelines for Divorce and Divisions of Divorce been interpreted?
Alberta, Canada
What is the effect of the prosecutor's comments to a jury in a capital murder trial?
California, United States of America
What is the test for determining the severity of a criminal offence?
California, United States of America
What is the standard of review of a determination under r.21.01(1)(a)?
Ontario, Canada
What is the evidence to support a consent order?
British Columbia, Canada
Does a motion for additional discovery for abuse of discovery succeed?
MultiRegion, United States of America
Does a police officer need to have his siren activated before he strikes a pedestrian?
British Columbia, Canada
What is the test governing interim distribution of family property?
British Columbia, Canada
How have the courts treated the evidence in the case of a defendant's confession that he suffered injuries inflicted by police officers to obtain a confession?
"New York", United States of America
Can an arbitration decision be entered into a wrongful discharge action?
MultiRegion, United States of America
What is the appropriate sentence for a defendant who has pleaded guilty to a charge of perverting the course of justice?
Saskatchewan, Canada
What rights does a defendant have at trial?
California, United States of America
What is the burden of a director to prove that they received a personal benefit from a transaction?
California, United States of America
In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence?
Ontario, Canada
What is the test for a conviction of a misdemeanor under the Criminal Code Act?
California, United States of America
What is the effect of a decision to disallow leave to amend for abuse of discretion?
California, United States of America
What is the test for provocation in a murder case?
California, United States of America
Is a defendant entitled to confront and cross-examine the witnesses?
California, United States of America
What procedures and standards apply to issuing a restraining order?
MultiRegion, United States of America
Is a traffic light colour the starting point in determining liability as between left turning and through drivers?
British Columbia, Canada
What are the reasons why a jury was unable to consider a defendant's subjective belief that they had reached a place of temporary safety?
California, United States of America
What are the elements of a cause of action for fraud?
California, United States of America
Is a plaintiff entitled to attorney fees for damages that are not economic or noneconomic?
California, United States of America
How does the common law interact with the Charter?
Manitoba, Canada
What is the test for abuse of discretion when a defendant seeks to obtain DNA testing on a vibrator that was removed from the rectum of a dead person?
California, United States of America
What is the test for commenting on a defendant's exercise of the Fifth Amendment?
MultiRegion, United States of America
Does a judge erred in her determination that a special relationship arises which shifts the onus to the donee of the given person?
British Columbia, Canada
What are the consequences of a second-degree murder case?
California, United States of America
Does the Court have any power to vacate or set aside a judgment in a criminal case?
California, United States of America
Can a solicitor's rights prevail against an attaching creditor’s order?
Saskatchewan, Canada
In what circumstances will a judge award special costs for bad faith and malice that have not been proven?
British Columbia, Canada
What is the test for a breach of section 654 of the California Penal Code?
California, United States of America
Does a co-conspirator in a conspiracy to smuggle and conceal illegal drugs have standing to suppress evidence?
MultiRegion, United States of America
What is prejudgment interest for a plaintiff in a motor vehicle accident case?
MultiRegion, United States of America
What is the duty of an adjudicator to give written reasons for their decision?
British Columbia, Canada
What is the test for determining whether a defendant has the ability to pay a restitution fine?
California, United States of America
What are the legal principles for an adjournment application?
British Columbia, Canada
How have courts interpreted the meaning of the word "general proposition"?
British Columbia, Canada
What is considered a "total disability" in the medical profession?
British Columbia, Canada
What is the difference between a term of imprisonment and an enhancement under section 667.7 of the Criminal Code?
California, United States of America
Can a defendant be prejudiced by counsel's failure to object during a prosecutor's illustration of the burden of proof?
California, United States of America
What constitutes a conviction of possession of a firearm?
MultiRegion, United States of America
Can a default judgment be obtained against a defendant who has not pleaded guilty to a properly pleaded complaint?
California, United States of America
Can a witness be compelled to testify against himself in a civil proceeding?
California, United States of America
What are the rights of shareholders in a company?
British Columbia, Canada
Can a state prisoner appeal a district court's denial of a habeas petition?
MultiRegion, United States of America
How have courts dealt with allegations of improper storage of chemicals used to manufacture methamphetamine in a home with a child?
California, United States of America
What is the test for an offence under section 281 of the Criminal Code of Canada?
Ontario, Canada
What is the test for denying certification of a class action?
California, United States of America
Can a jury reasonably infer that a defendant possessed methamphetamine with intent to sell it?
California, United States of America
What are the consequences of unresponsive pleadings?
British Columbia, Canada
What is the test for a federal judge's discretion in deciding whether or not to allow evidence to be used in a civil case?
MultiRegion, United States of America
What is the state of the law regarding prior convictions?
California, United States of America
What are the implications of a prosecutor's statement to the jury that defendant was presumed to be innocent?
California, United States of America
What is the test for presenting evidence of third party culpability in a criminal case?
California, United States of America
What is the test for a "literal meaning" of a statute?
California, United States of America
Is Section 10851 a lesser-included crime?
California, United States of America
What is the test for preparing an Environmental Information Review for a public body?
California, United States of America
What is a plaintiff’s right to seek damages for expenses incurred before trial?
British Columbia, Canada
What is the difference between completed first degree murder and attempted murder?
California, United States of America
Does the Defendant rely on the doctrine of possession of a firearm by the prosecution in a criminal case?
California, United States of America
What is the test for exclusion of evidence in a criminal case?
California, United States of America
Can a defendant make an application for a summary determination of the litigation immediately upon being advised of the making of an interim order?
British Columbia, Canada
What is the test for standing for injunctive or declaratory relief in a medical malpractice case?
MultiRegion, United States of America
What is the test for determining whether an entity is a state actor?
Ontario, Canada
Are there any common law principles in the law of expropriation?
British Columbia, Canada
Is it harmless beyond a reasonable doubt for a defendant to have admitted that they had made false statements in a criminal case?
California, United States of America
Is it improper for a prosecutor to suggest that a defendant is guilty merely because he is being prosecuted or has been indicted?
MultiRegion, United States of America
What is the test for determining fair market value in a motor vehicle accident case?
California, United States of America
What is the test for a judge to consider the views of a child in a custody application?
British Columbia, Canada
How has the court interpreted the rule of law in cross-examination?
MultiRegion, United States of America
What is the impact of tactical error on witness testimony?
California, United States of America
What is the test for obtaining consent for a probation search?
California, United States of America
What are the labels 'specific intent' and 'general intent' used to describe the crime of selling a dangerous drug?
California, United States of America
What is the general rule against further consideration on a motion for a second new trial?
California, United States of America
Is it a criminal offence to offer in evidence a record that the person knows has been forged?
MultiRegion, United States of America
What is the statute of limitations for filing a motion to vacate an arbitration award?
MultiRegion, United States of America
How have the courts interpreted the word "competent" in an instruction to a jury at a personal injury trial?
California, United States of America
Does the delayed discovery rule apply in this case?
California, United States of America
What is the CRT’s obligation to conduct a hearing in person?
British Columbia, Canada
What is the burden of proving misconduct against a police officer?
California, United States of America
What authorities have been cited by the respondent in a civil case?
British Columbia, Canada
What is the scientific basis for the opinion of RFF Engineering?
New Brunswick, Canada
What is the effect of a judicial decision making retroactive effect?
California, United States of America
What is the current state of the law on withholding removal of asylum petitioners?
MultiRegion, United States of America
Is a failure by counsel to take exception to a jury address at the time of trial fatal?
Saskatchewan, Canada
Is a plaintiff entitled to a fee for commencing a Part 7 action?
British Columbia, Canada
In what circumstances will a federal grand jury be able to be used in civil litigation?
MultiRegion, 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 standard of care of a surgeon in general?
British Columbia, Canada
What is the state of the law in Ontario when it comes to protecting the rights of a very young child who is charged with crime?
MultiRegion, United States of America
Can a motion for a summary dismissal be made prior to trial?
California, United States of America
What is the test for establishing a prima facie case of first degree murder?
California, United States of America
What is the test for freedom of expression under s. 2(b) of the Canadian Charter?
British Columbia, Canada
What is the effect of deducting from the gross value of a deceased's estate for the purposes of calculating future family expenses?
Alberta, Canada
Does Floyd have a reasonable suspicion to justify an investigatory stop?
MultiRegion, United States of America
What is the burden of making out a case for a constitutional violation?
California, United States of America
What is the test for the proposition that one who is not a party to a contract can be held liable for its breach?
California, United States of America
What is the test for a modification of a restrictive covenant?
Alberta, Canada
What is the test for making a voluntary statement in a criminal case?
Alberta, Canada
What is the test for corroboration in a sexual assault case?
California, United States of America
What is the test for an equal protection claim?
California, United States of America
What is a driver's duty to render necessary assistance at the scene of a motor vehicle accident?
California, United States of America
What is the test for an allegation that a police officer tried to prevent a defendant from swallowing a vial of crack cocaine?
"New York", United States of America
What is the effect of a debtor's failure to disclose a potential lender-liability lawsuit in a bankruptcy proceeding?
California, United States of America
What is the Miranda rights of a suspect in a criminal case?
California, United States of America
What is a "hostile witness" in common law?
British Columbia, Canada
What is the test for disclosure of evidence in a civil case?
California, United States of America
What is a "legally frivolous" claim?
MultiRegion, United States of America
What is the effect of section 148 of the California Criminal Code on a defendant who runs away from police?
California, United States of America
What is the test for reversal for improper instruction on a theory of manslaughter such as imperfect self-defense?
California, United States of America
What is the consequence of a plaintiff's failure to close a real estate transaction?
Ontario, Canada
How does Section 523(a)(1)(B) of the California Civil Code apply?
federal, United States of America
Is it a criminal offence to make an obscene telephone call?
California, United States of America
Is there any case law where a jury was able to accept defendant's admissions that the crimes at issue were gang related and punishable under section 186.22, subdivision (b)?
California, United States of America
What is the test for a claim of insufficient evidence in a sexual assault case?
California, United States of America
What is the test for a judge to stay execution of a sentence in a murder case?
California, United States of America
How has the court dealt with a motion to exonerate a bond issued against appellant?
California, United States of America
What is the test for admissibility of a similar fact or prior discreditable conduct evidence?
Ontario, Canada
Can a probationer's Fourth Amendment search waiver be interpreted as justification for a search of his vehicle by the police?
MultiRegion, United States of America
What is the test for striking a prior felony conviction for abuse of power?
California, United States of America
What is the meaning of the jury's reference to 12 counts of sexual assault?
MultiRegion, United States of America
What is the test for the unlawful taking or withholding of a minor child from the custody of the parent or guardian?
California, United States of America
In what circumstances have courts found that the appraiser of a mortgage was not able to provide a limitation on the face of the appraisal?
British Columbia, Canada
