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 a person to be found guilty of a charge of recklessly driving under the influence of alcohol?
California, United States of America
Is a waiver of constitutional rights as to a prior conviction sufficient?
California, United States of America
If a restrictive covenant in an employment contract is ambiguous, can the court use “reading down” to narrow the scope?
British Columbia, Canada
What is the test for a federal cause of action?
MultiRegion, United States of America
Does the tort of abuse of process apply to bystanders?
Ontario, Canada
What is the test for staying an enhancement to a sentence for failing to identify a gang-related crime?
California, United States of America
Is a convicted felon in possession of a firearm prohibited by section 654 of the California Criminal Code?
California, United States of America
What is the meaning of the term "traction engine"?
Ontario, Canada
Does a defendant have a right to resist arrest if they are not accompanied by a police officer?
"New York", United States of America
How have courts treated common law negligence claims of malpractice under the Eighth Amendment?
MultiRegion, United States of America
What is the difference between an assault and an attempted rape?
MultiRegion, United States of America
Can an arbitrator exceed his power by refusing to award attorneys' fees to the prevailing party?
California, United States of America
What is the test for admitting or excluding expert testimony at trial?
California, United States of America
What is the effect of mandamus from this court ordering Judge Dooling to enter judgment on the jury verdicts?
MultiRegion, United States of America
Is a defendant permitted to wear street clothes that do not carry the stigma of a prison uniform?
California, United States of America
What is the burden of making a motion for a vexatious litigant to post security?
California, United States of America
What is the appropriate test for a preliminary inquiry judge to commit an applicant to trial?
Ontario, Canada
What is abuse of the denial of a new trial motion based on newly discovered evidence?
California, United States of America
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final?
California, United States of America
What is the affirmative defense in a civil case?
MultiRegion, United States of America
Is there a difference between a defendant and a defendant who aids and abets in the commission of an act of attempted murder?
California, United States of America
Is evidence of a juvenile adjudication in aggravation a factor in a criminal conviction?
California, United States of America
Can a court award attorneys' fees against a plaintiff in a false claim under the False Claims Act?
MultiRegion, United States of America
What is the burden of proving illegal entry?
California, United States of America
Can a finding of incompetence be used to determine whether a defendant is competent to stand trial?
California, United States of America
What is the test for establishing that Royes is problematic?
Canada (Federal), Canada
Can anti-SLAPP motion be filed challenging the injunctive relief brought under section 527.6?
California, United States of America
What is the substantive reasonableness of a sentence under a particularly deferential abuse of discretion standard?
MultiRegion, United States of America
What is the test for probating a will and accepting the trust of a deceased person?
Saskatchewan, Canada
Does a purchaser of a corporation's assets typically assume the seller's liabilities?
California, United States of America
What is the evidentiary burden of proving that there is no genuine issue to be tried?
British Columbia, Canada
What is the burden of proving consent to search?
California, United States of America
Does the Federal Bureau of Investigation have jurisdiction to consider whether it acted "contrary to law"?
MultiRegion, United States of America
What is the test for judicial review of a government's interpretation of the law?
Northwest Territories, Canada
Does a defendant have a right to trial de novo?
"New York", United States of America
What remedy is to remand the cause to the trial court?
California, United States of America
Is there any case law that supports the argument that administrative tribunals must be able to devise flexible procedures in order to meet the requirements of natural justice?
British Columbia, Canada
What is the relevant evidence that the prosecutor and defense counsel may have to present to the jury at the penalty phase of a sexual assault case?
California, United States of America
When will a court admit a prosecutor's prior statements about the crime in their closing argument?
California, United States of America
What is the test for making reasonable efforts to locate a material witness informer?
California, United States of America
What is the test for a failure to file an income tax return under section 7203?
MultiRegion, United States of America
What is the test for changing a spousal support order?
British Columbia, Canada
What is the current state law definition of prosecutorial misconduct?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the impact of a federal judge on a sexual harassment case?
MultiRegion, United States of America
Is an affidavit containing hearsay sufficient to warrant a search warrant?
California, United States of America
Does the court have to subpena a critical witness?
California, United States of America
What is the test for "imperfect self-defense"?
California, United States of America
What is the meaning of the word "agreement" in common law?
Alberta, Canada
What is the test for a police officer's reasonable suspicion of criminal activity?
California, United States of America
What is the test for attaching a debt in a personal injury case?
British Columbia, Canada
Can an application for a stay under s. 15 of the AA be brought by any party to an arbitration agreement?
British Columbia, Canada
How has the VRAB Appeal Panel reviewed decisions on patent unreasonableness or reasonableness?
Canada (Federal), Canada
What is the test for instructing a jury on a lesser included crime?
California, United States of America
What is the impact of a collision involving two other drivers on a motorway?
Ontario, Canada
What is the test for a motion for adjournment on the grounds that material witnesses are absent?
Ontario, Canada
How have courts treated adverse employment actions in cases involving termination, dissemination of negative employment reference and refusal to consider for promotion?
MultiRegion, United States of America
What is the test for a claim of retaliation in violation of the First Amendment?
MultiRegion, United States of America
What is the test for a motion to dismiss a criminal charge?
MultiRegion, United States of America
What is the test for determining whether a plaintiff is entitled to claim damages for past income loss?
British Columbia, Canada
What is the test for making an argument in an arbitration proceeding?
MultiRegion, United States of America
What is the test for psychological detention?
Manitoba, Canada
Is grand theft an included crime under the accusatory pleading test?
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
Is a restriction rather than a suspension order issued by the Court of Appeal?
Ontario, Canada
When will a physician be held liable for error of judgment in a medical malpractice case?
"New York", United States of America
What is the test for assisting and abetting a crime?
California, United States of America
What is the test for establishing a conservatorship?
California, United States of America
Does a mortgagee have an obligation to release unadvanced funds from a trust account in the name of both the mortgagor and the mortgagee?
British Columbia, Canada
Does a Miranda warning that does not inform a defendant of his right to consult with appointed counsel constitute a Miranda violation?
MultiRegion, United States of America
Is a defendant entitled to a post-judgment motion for attorney's fees if he is denied a timely appeal?
California, United States of America
How to assess damages in a motor vehicle accident?
British Columbia, Canada
What is the current state of the social work profession in the context of a divorce?
British Columbia, Canada
What is the test for a cause of action under Section 1983 of the Federal Trade Commission Act?
California, United States of America
Is there any case law where intent to kill was not introduced at trial because of the new law?
California, United States of America
What are dispositional costs for a matrimonial home?
Ontario, Canada
What are the requirements for class certification in a settlement?
British Columbia, Canada
Is there an obligation of counsel to object to inadmissible evidence in a timely way?
Ontario, Canada
Does overt assistance constitute the crime of being an accessory?
California, United States of America
Can a plaintiff recover attorney fees in a claim for unpaid wages and overtime compensation?
California, United States of America
What is the burden of proving the voluntary nature of a statement?
California, United States of America
Can a defendant challenge his conviction on the grounds that the evidence was insufficient to prove that the objects he transported were stolen?
MultiRegion, United States of America
What is the test for adducing evidence that supports the argument that the accused has committed a similar fact crime?
British Columbia, Canada
Does a prosecutor have to characterize a gang member as a hard core, experienced and sophisticated member of a criminal gang as "hard core," "experienced," and "sophisticated"?
California, United States of America
What constitutes protected activity under the anti-SLAPP statute?
California, United States of America
What are the parties' obligations when the issue of mitigation is raised in a personal injury case?
British Columbia, Canada
Is the prosecution's failure to provide timely discovery of the proposed propensity evidence in a civil case?
California, United States of America
Can a flashing green light be considered as a factor in assessing the potential liability of a dominant driver?
British Columbia, Canada
Is retroactive child support an appropriate way to enforce the existing child support obligation?
Ontario, Canada
Can a defendant be brought to trial too late?
California, United States of America
What is the effect of a motion in limine seeking to exclude evidence that is not privileged?
California, United States of America
What are the principles of the Indian Supreme Court and what are the implications of these principles?
California, United States of America
What is the current state of the law on defence medical examinations?
Ontario, Canada
What is the test for treating a tenant as a servant?
Saskatchewan, Canada
What is inadmissible evidence on appeal to challenge factual findings at trial?
British Columbia, Canada
What is the test for establishing that a copyright is not a "tenant in common" with the co-owners of the copyright?
MultiRegion, United States of America
What is the test for a motion of no confidence in a witness in a personal injury case?
Ontario, Canada
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction?
MultiRegion, United States of America
What is the test for admissible statements in a criminal case?
California, United States of America
What are the principles that apply to an application to reopen prior to judgment?
British Columbia, Canada
What is the burden of proving deficient counsel in a motion?
California, United States of America
Is an expert's opinion about a defendant's guilt or innocence admissible?
California, United States of America
How have the courts interpreted the language of the US Environmental Protection Agency's regulations in the context of air quality regulation?
MultiRegion, United States of America
How has the Court dealt with a claim of prejudicial cumulative effect?
California, United States of America
What is the test for determining whether a product is defective or defective?
California, United States of America
What is the test for a motion to strike a statement of claim as disclosing no reasonable cause of action pursuant to Rule 21(1b)?
Ontario, Canada
What is the standard of care required by the courts to determine negligence?
Ontario, Canada
What is the effect of still photographs of a suspect being shown to a witness prior to a live lineup?
California, United States of America
What is the current state of the law in the context of a claim of ineffective assistance of counsel?
California, United States of America
Is a plaintiff entitled to counsel fees even if the court declines to enter judgment on that claim?
MultiRegion, United States of America
What is the difference between Section 10851 and Section 503 of the California Vehicle Code when it comes to criminalizing the taking or use of an automobile without the owner's consent?
California, United States of America
What is the likelihood of an experienced police officer finding that appellant was part of a conspiracy to sell marijuana?
California, United States of America
Can a comment inferring that a witness might have committed perjury be prejudicial error?
California, United States of America
What is the Miranda warning to a person questioned by a police officer after being "taken into custody"?
California, United States of America
What is the difference between the terms "license fee" and "license tax"?
California, United States of America
What is the test for a motion to vacate a defendant's bail?
California, United States of America
What is the test for whether an offer to settle was reasonably accepted?
British Columbia, Canada
What is the test for making a mining claim?
MultiRegion, United States of America
What is the impact of a previous panel’s caution in deciding whether to grant a motion for sexual harassment?
Ontario, Canada
What is the principle of common law in the context of rail litigation?
Canada (Federal), Canada
In a medical malpractice case, in what circumstances will a physician be permitted to restrict disclosure to a patient who may override his expert opinion?
California, United States of America
Does a specific performance of a property need to be granted as a matter of course?
Saskatchewan, Canada
What is the credibility of the witness in a motor vehicle accident case?
"New York", United States of America
What is the test for privacy protection in a medical malpractice case?
California, United States of America
What is the effect of the prosecutor's misconduct in determining that appellant was not suffering from diminished capacity at the time of the murder?
California, United States of America
Is there any evidence that a defendant tried to hide after the crime?
California, United States of America
Can finger print evidence be considered in an appeal?
British Columbia, Canada
In what circumstances will a husband and wife be able to divide the assets of their jointly owned property in equal division?
New Brunswick, Canada
How has custody of a child been determined in a separation case?
Yukon, Canada
Can an attorney advise an appellant to refuse to give the handwriting exemplar?
California, United States of America
What is the current state of the law on the supervisory liability of a senior civil servant?
MultiRegion, United States of America
What is the test for liability in a motor vehicle accident?
California, United States of America
In the context of water conservation legislation, is there any case law that supports the argument that the land beneath water is not the province's own property?
British Columbia, Canada
Is an executor's opposition to a spouse's spousal property petition not a claim on an asset?
California, United States of America
Does a restitution fine imposed at the time of probation survive the revocation of probation?
California, United States of America
What is the test for determining whether there is a causal connection between the conditions under which an employee is required to perform his work and the resulting injury?
"New York", United States of America
Does the use of force to prevent a security guard from regaining possession of property constitute a robbery?
California, United States of America
Is an award under section 425.16, subdivision (c), proper when a defendant has been relieved of his obligation to pay attorney fees?
California, United States of America
Is appellant's claim that he was denied a right to exercise his right to a fair trial by a judge in the Superior Court of Appeal that he had been denied a fair hearing?
California, United States of America
What is the extent of an amendment to the name of a party?
California, United States of America
Can a plaintiff in a class action seeking damages from an inmate who is unable to pay for medical malpractice?
MultiRegion, United States of America
What is the legal test for a motion to stay a medical malpractice action pending the outcome of an appeal in the underlying case?
California, United States of America
What is the standard for review on the issue of medical malpractice?
Canada (Federal), Canada
What is the test for proving the existence of a criminal street gang?
California, United States of America
What are the general principles applicable in the law of common law?
Yukon, Canada
What is the test for a conviction for premeditated and deliberate murder?
California, United States of America
What is the test for total revocation of a suspect's Fifth Amendment right to remain silent?
MultiRegion, United States of America
Can a defendant be punished for multiple crimes under section 654 of the California Criminal Code?
California, United States of America
Does the Attorney General have the authority to instruct a jury to infer that a defendant has been convicted of misconduct in a public office?
California, United States of America
What is the test for removing a child from the home of a parent who abuses one of his children?
"New York", United States of America
When will Plaintiffs be able to object to the allocation of burden of proof?
MultiRegion, United States of America
Is a visitor or bystander criminally liable under section 368 of the California Civil Code?
California, United States of America
What is the penalty for a lawyer found guilty of a series of frauds totalling several millions of dollars?
Ontario, Canada
Can a defendant appeal his conviction under section 3742(a)(1) and (2) of the Criminal Code?
MultiRegion, United States of America
What is the test for leave to appeal after the 30-day deadline?
Ontario, Canada
What is the test for determining whether there is trustworthiness in a medical malpractice case?
California, United States of America
What is the test for granting unsupervised access to a person with a mental illness?
British Columbia, Canada
What is the test for abuse of discretion when a defendant is denied probation or sentenced to prison?
California, United States of America
What is the test for a criminal charge of sexual assault in a federal criminal indictment?
MultiRegion, United States of America
What is the test for a discretionary publication ban?
Alberta, Canada
Is there any case law in which a witness has not been sworn?
"New York", United States of America
What is the test for determining whether a parent’s best interests is that of the child's mobility impairment?
Ontario, Canada
What is the effect of a motion by the respondent against the respondent in an appeal?
Ontario, Canada
What is the test for reasonableness in a review of a discretionary policy?
Canada (Federal), Canada
Can a defendant be re-elected to a jury by standing for re-election before the trial of the accused?
Saskatchewan, Canada
What is the range of damages for wrongful death in a wrongful death action?
British Columbia, Canada
How have the courts interpreted the non-earner benefit test?
Ontario, Canada
What is the effect of section 1237.5 of the California Criminal Code on an appeal against a guilty plea?
California, United States of America
Can a prosecutor respond in rebuttal to defense counsel's arguments in closing?
California, United States of America
How does remarriage affect a party's entitlement to needs-based spousal support?
British Columbia, Canada
Is the use of binoculars by police a violation of the Charter of Rights?
Ontario, Canada
Is a plaintiff required to file a third amended complaint to make his third pleading complete?
MultiRegion, 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
Is a statement of both fact and opinion privileged?
British Columbia, Canada
Can a jury infer intent to distribute from the seizure of a truck full of marijuana?
MultiRegion, United States of America
Is evidence of a misdemeanor conviction admissible to impeach a witness?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Is a consent order a final judgment?
British Columbia, Canada
What is the standard of review for environmental objections in the context of the exhaustion of administrative remedies?
California, United States of America
How have the courts treated the issue of income tax in the context of federal reserve notes?
MultiRegion, United States of America
What is the test for making the trains run on time?
California, United States of America
Can a plaintiff recover damages for psychological disturbance caused to him by a motor vehicle accident?
British Columbia, Canada
Is intentional or egregious employer conduct within the scope of workers' compensation?
California, United States of America
Does a pre-existing divorce agreement need to be reviewed in the context of the Divorce Act?
Nova Scotia, Canada
What is the burden of ineffective assistance of counsel?
California, United States of America
Can retreating into one's home while being followed by a police officer constitute consent to a police entry?
MultiRegion, United States of America
What is the burden of a defendant in a SLAPP action?
California, United States of America
Is there indifference or indifference by prison doctors in their response to prisoner's needs?
MultiRegion, United States of America
What is the test for dismissal for want of prosecution?
Nova Scotia, Canada
Does a plea bargain need to be heard before sentencing?
California, United States of America
What is the test for granting relief in a medical malpractice case?
California, United States of America
How have courts interpreted section 8 and 9 of the Rules of Civil Procedure in medical malpractice cases?
Nova Scotia, Canada
What is the test for calculating a plaintiff’s risk of future injuries?
British Columbia, Canada
When will the Attorney General refuse to contest admissibility of a statement by a defendant who verbally abused a correctional officer and threatened to "kick his ass"?
California, United States of America
What is the procedural history of the claim for damages in a motor vehicle accident action?
Nova Scotia, Canada
Can a defendant appeal against his conviction for assault on a witness in the Superior Court of Appeal?
California, United States of America
Can a witness be re-examined on the basis of his or her credibility?
California, United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
Is an arbitration agreement unconscionable because the employee will not be afforded a jury trial or judicial review of the decision?
California, United States of America
Can an insurance company make allegations of arson?
Ontario, Canada
