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.
How has section 17 of the California Code of Criminal Procedure been interpreted in the context of criminal history?
California, United States of America
What is the test for summary conviction in a criminal case?
Canada (Federal), Canada
Is the evidence sufficient to support a finding of first degree murder based upon the theory of felony murder?
California, United States of America
In a long-term marriage, is standard of living support equal to income support?
British Columbia, Canada
What is the test for variation in terms of a person’s income statement?
Saskatchewan, Canada
Is a dismissal pursuant to its local rules for abuse of power warranted?
MultiRegion, United States of America
Does section 394 of the California Civil Code of Civil Procedure apply to the California Department of Justice?
California, United States of America
What is the jurisdiction of this court to make an order in an application in court?
British Columbia, Canada
Is there a greater privacy expectation in a vehicle than a home or office?
British Columbia, Canada
What are the implications of a prosecutor's comments on defense tactics?
California, United States of America
Does a request for a postponement of a trustee's sale pursuant to California Civil Code section 2923.5 require a posting of a bond?
California, United States of America
What are the relevant factors for division under the Matrimonial Property Act?
Alberta, Canada
Is it misconduct to state or imply that defense counsel fabricated a defense?
California, United States of America
Does a prosecutor commit misconduct in closing argument by impugning the integrity of defense counsel?
California, United States of America
What is the test for obtaining prior authorization for a search warrant?
Canada (Federal), Canada
Is a defendant's consent to search his home?
"New York", United States of America
What are the factors used by the courts in reviewing a request for a change in custody and access?
British Columbia, Canada
What is the effect of the narrow view of jurisdiction on child support?
British Columbia, Canada
How have appellate courts treated the issue of ineffective assistance of counsel?
California, United States of America
What is the legal test for giving jury instructions on a lesser included crime?
California, United States of America
Is a prosecutor guilty of misconduct for stating in front of the jury that there were two preliminary hearings?
California, United States of America
Can an impaired driver refuse to comply with a breathalyzer demand if he has consulted his lawyer?
Nova Scotia, Canada
Can an attorney's representation violate the Sixth Amendment?
MultiRegion, United States of America
What are the principles of the relevancy test?
Nova Scotia, Canada
What is the test for making an out-of-court statement?
Nova Scotia, Canada
What is the test for a judge to determine whether or not the evidence was improperly admitted?
British Columbia, Canada
Can a prosecutor impeach defendant by asking him about his ex-girlfriend's allegation that he was involved in a home invasion robbery?
California, United States of America
When a member of staff at the YKCA reported allegations of harassment to the authority charged with dealing with them, was she acting as an officious volunteer?
British Columbia, Canada
What is the test for obtaining a statement made by a witness in a civil case?
MultiRegion, United States of America
What is the test for a defence to comply with the rule that a party must comply with by stating which of the words of the reports are statements of fact?
British Columbia, Canada
What is the test for reversal for insufficiency of evidence in a federal habeas proceeding?
MultiRegion, United States of America
How has exclusionary rule been interpreted in the context of retroactivity issues?
MultiRegion, United States of America
What is the test for an individual to be liable for civil rights violations?
MultiRegion, United States of America
What is the test for an offer of proof in a murder case?
California, United States of America
What is the test for determining whether a horse owner is responsible for damage caused to another horse by his mare?
Saskatchewan, Canada
Does a toy gun qualify as a firearm?
California, United States of America
When will a defendant be allowed to represent himself in court?
California, United States of America
How have courts dealt with the issue of personal injury cases involving baseball players?
MultiRegion, United States of America
What are the fiduciary duties of an individual in a personal injury case?
Ontario, Canada
What is the test for failing to identify an obvious problem with the accelerator linkage?
Alberta, Canada
What are the causes of action for fraudulent concealment?
California, United States of America
What is the test for dismissing a complaint by a pro se litigant?
MultiRegion, United States of America
What is the test for a claim for special or extraordinary expenses?
British Columbia, Canada
Is there any case law where a police officer's testimony is not required to be struck off because of the existence of a gangland environment?
California, United States of America
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed?
British Columbia, Canada
Does a motion to withdraw from a civil action brought by a defendant against his attorney constitute a conflict of interest?
MultiRegion, United States of America
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault?
California, United States of America
What is the case where a police officer's observations were made from a trellis through a narrrow aperture in the curtains into a motel room that was on the second floor and 'at a considerable distance from any public vantage point'?
California, United States of America
What is the test for reversal of a finding of not guilty?
California, United States of America
Is there a conflict of interest between a law firm and the law firm?
Alberta, Canada
What is the test for overturning a finding by a judge at the Court of Appeal?
British Columbia, Canada
Does Defendant's contention that he was wrongfully convicted of a sexual assault have merit?
California, United States of America
Can a defendant be convicted of multiple charges under section 654 of the California Criminal Code?
California, United States of America
What is the test for determining what is in the best interests of the child?
Nova Scotia, Canada
What is the test for First Amendment rights of a military reservation?
MultiRegion, United States of America
What is the current state of the law on custodial privacy rights?
California, United States of America
How is implied malice determined in a motor vehicle accident?
California, United States of America
What is the test for overturning a conviction on the grounds of improper counsel?
California, United States of America
How have courts interpreted exceptions to a general prohibition on same-sex marriage?
MultiRegion, United States of America
In what circumstances will a police officer leave a suspect in the back seat of a patrol vehicle with the motor running?
California, United States of America
Does a vehicle stop at a highway checkpoint constitute a seizure under the Fourth Amendment?
MultiRegion, United States of America
Can a municipal council be found to have acted in good faith in enacting its own by-laws?
Ontario, Canada
What is the test for determining liability of a defendant in a civil case?
California, United States of America
How has the jury been instructed in a civil action?
California, United States of America
What is the test used to determine whether an action constitutes an improper collateral attack on a criminal conviction?
California, United States of America
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial?
California, United States of America
When will the court review the record for error?
California, United States of America
What is the limitation on the duration of a contract where the contract is to proceed to certain docks?
Ontario, Canada
What is the common law principle of discoverability?
Nova Scotia, Canada
Does Section 3057 of the Criminal Code require a judge or trustee to present before a grand jury that there has been a criminal violation?
federal, United States of America
What are the considerations used in determining whether misconduct of an individual, established through an earlier disciplinary proceeding against him or her, affords reasonable grounds for belief that the individual will not trade or trade in mortgages with integrity and honesty?
Ontario, Canada
What is the standard of review in a sexual assault case where the prosecution relies mainly on circumstantial evidence?
California, United States of America
Does a prison officer have authority to retaliate against a prisoner for filing an administrative grievance?
MultiRegion, United States of America
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value?
California, United States of America
What is the duty of loyalty of an attorney who seeks to represent clients who are adversaries?
California, United States of America
What is the burden of proving fraud on the court?
MultiRegion, United States of America
Does Scott need to rely on the Younger, Pullman and Colorado River abstention doctrines or the application of the statute of limitations?
MultiRegion, United States of America
What is the test for a judge to dismiss a charge for lack of probable cause?
California, United States of America
What is the legal test for a wife's application for spousal support under s. 15.2(1) of the DA?
British Columbia, Canada
What is the test for suppressing evidence against an under-cover police officer?
California, United States of America
Is there any case law where an adverse employment action was sufficient to infer causation?
MultiRegion, United States of America
Can a defendant's pre-arrest silence be used as affirmative evidence of guilt in the prosecution's case-in-chief?
California, United States of America
How have courts interpreted statutory references to the Penal Code?
California, United States of America
What is the standard of review used to determine whether a defendant was prejudiced by the court's failure to prohibit the prosecutor's argument?
California, United States of America
Can a police officer continue questioning a suspect during questioning in a cocktail lounge?
MultiRegion, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
What is the test for a finding of probable cause in an extradition proceeding?
MultiRegion, United States of America
In a motor vehicle accident where there may be multiple causes of damage or injury, can a defendant escape full liability?
Alberta, Canada
What is the test for interpretation of the words “to be construed in one sense only” in the words of a statute?
Saskatchewan, Canada
What is the procedure used by the California Court to review a sentence?
MultiRegion, United States of America
What is the test for vexatious conduct under section 73 of the Small Claims Act?
Manitoba, Canada
Can an expert rely on information the expert considers reliable?
British Columbia, Canada
What is the standard of review in a motion for reversal of a finding of not guilty?
California, United States of America
What is the burden of proof against a party pleading the statute of limitations?
California, United States of America
Does a bank account overdraft constitute a partnership obligation to each of the partners?
"New York", United States of America
Is there any case law that supports the argument that in the context of "extraordinary times” are extraordinary times?
Ontario, Canada
What is the test for reasonable expectation of profit?
Canada (Federal), Canada
Are there cases wherein there was no award for an admitted injury?
British Columbia, Canada
What are the conditions of a contract where the contract does not specify the amount of fees payable?
California, United States of America
What is the test for dismissing a class action for want to prosecute?
British Columbia, Canada
Is a court's discretionary decision not to dismiss or strike a sentencing enhancement under section 1385 subject to review?
California, United States of America
What is the test for ineffective assistance in a criminal case?
California, United States of America
How is causation determined in a motor vehicle accident?
Ontario, Canada
Is there any prejudice or prejudice against Respondent Respondents to an application for adjournment of a hearing?
Ontario, Canada
In what circumstances will a defendant be charged with burglary in two counts and two with unlawful possession of property in three?
California, United States of America
What is the test for cruel and unusual punishment in the context of medical malpractice?
MultiRegion, United States of America
How has the BCSC considered prejudice to the parties if adjournment is granted?
British Columbia, Canada
Does a contract to insure become incorporated as a term of the guarantee?
Canada (Federal), Canada
What is the test for damages under the expropriation statute?
Alberta, Canada
What is the test for extrajudicial identification in a murder case?
California, United States of America
What is the scope of a search warrant issued by the Department of Justice?
MultiRegion, United States of America
What is the test for extending an injunction pending disposition of an appeal?
California, United States of America
Is there any case law where a witness has been coerced to testify in a criminal case?
California, United States of America
What is the evidence in this case?
California, United States of America
What is the limitation on the scope of the search warrant for seizure of documents and electronic records?
MultiRegion, United States of America
Does the wife have to disclose that she was already divorced from the husband when she brought a petition for division of property?
Saskatchewan, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for granting a motion to compel the Court to approve a motion?
California, United States of America
Is there any case law where a judge was reluctant to vary or vary a wife’s support order?
British Columbia, Canada
What are the circumstances in which special costs may be ordered under Rule 9-5 of the Rules of Civil Procedure?
British Columbia, Canada
Does a jury have to determine that negligence was not a proximate cause of a motor vehicle accident?
California, United States of America
Can an appellate claim that evidence was erroneously admitted be considered?
California, United States of America
What is the relevant test on a motion to appeal against a decision by the Court of Appeal against a condominium corporation?
Ontario, Canada
Is supervised access inappropriate if the sole purpose is to provide comfort to the primary care parent?
Nova Scotia, Canada
Is a probation officer a stalking horse for law enforcement agents?
MultiRegion, United States of America
What is the test for a murder conviction?
California, United States of America
What is the test for an aider and abettor to be found guilty of a crime under the "natural and probable consequence" doctrine?
California, United States of America
Can a court determine any question as to the title to property arising between the parties in a matrimonial action?
"New York", United States of America
What is the test for a motion without leave to amend in a personal injury action?
California, United States of America
In what circumstances will the court review the award for abuse of fees?
MultiRegion, United States of America
Does a minor need to be a ward of the delinquency court?
California, United States of America
What is the standard of review in a sexual assault case where the prosecution relies primarily on circumstantial evidence?
California, United States of America
What is the standard of review on appeal of a discretionary decision of a prothonotary?
Canada (Federal), Canada
Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights?
MultiRegion, United States of America
Does a plaintiff have an obligation to mitigate damages if they are injured in a motor vehicle accident?
MultiRegion, United States of America
What is the test for making a finding of guilty under former CALCRIM No. 400?
California, United States of America
Is a notice of appeal by a pro se prisoner deemed filed when it is delivered to the prison authorities for forwarding to the court clerk?
MultiRegion, United States of America
Is a statement made during custodial interrogation not compelled for purposes of the Fifth Amendment?
California, United States of America
What exercise does a court exercise at sentencing for abuse?
California, United States of America
What is the test for determining whether a witness is an accomplice under section 1111 of the California Criminal Code?
California, United States of America
What are the implications of the BCSC 728 Recitals?
British Columbia, Canada
Can a motorist who kills an innocent person [23.R.3d] in a high-speed flight from a police officer be convicted of murder?
California, United States of America
What is the test for determining compensation for past loss of earning capacity?
British Columbia, Canada
What is the test for a partial or total intestacy in a will?
British Columbia, Canada
Can a new objection and waiver rule be applied retroactively when existing law does not require an objection?
California, United States of America
Does a conditional probation sentence requiring service to a county jail constitute imposition of sentence to the county jail?
California, United States of America
What is the test for a motion for a new trial in a jury misconduct case?
California, United States of America
What is the test for apportionment of damages between a plaintiff and her partner?
Ontario, Canada
What is the test for assisting and abetting a murder?
California, United States of America
What are the legal principles relevant to the issue of under employment?
British Columbia, Canada
Can a plaintiff bring an interlocutory order for the return of personal property under Rule 44 of the Rules of Civil Procedure?
Ontario, Canada
What is the test for remoteness in a contract?
Alberta, Canada
Is there any basis to argue that the District Court abused its discretion in denying plaintiff's motion for personal injury relief?
MultiRegion, United States of America
What is the test for a physician to deny a plaintiff's request to amend their pleading of failure to inform?
California, United States of America
What factors will be considered by the Court of Appeal in determining whether to exercise discretionary authority?
Nova Scotia, Canada
What is the effect of estoppel effects on a plaintiff's attorney fees?
MultiRegion, United States of America
What is the test for determining whether a defendant's appeal against the Court of Appeal is based on statutory interpretation?
California, United States of America
Is proximate cause for injury determined by the character of injury suffered?
"New York", United States of America
Is a consent order enforceable if the consent order is amended or amended?
Ontario, Canada
In what circumstances will a party be ordered to pay special costs for wasting time dealing with a hostile witness in discovery?
British Columbia, Canada
Is a robbery not completed at the moment the robber obtains possession of the stolen property?
California, United States of America
Is there any case law where a defendant who claims to have been unconscious for a period of time was able to drive a car in the middle of the road after the accident?
California, United States of America
What is the test for a motion for attorney fees?
California, United States of America
What is the test for proportionality and reasonableness in determining the amount of costs of a tortfeasor's claim?
Ontario, Canada
What is the test for second counsel fees?
Alberta, Canada
What is the common law principle of equitable estoppel?
Ontario, Canada
Is Section 1322 of the New York State Tax Code applicable to a foreclosure?
MultiRegion, United States of America
What is the test for a jury to acquit a defendant of murder or voluntary manslaughter?
California, United States of America
Are litigation expenses payable in an eminent domain proceeding compensable as a matter of constitutional right?
California, United States of America
Does the Attorney General's error in instructing a jury to convict a defendant of embezzling a vehicle constitute a harmless error?
California, United States of America
Will a Superintendent of Motor Vehicles be found to be unreasonable when their reasoning process is manifestly flawed?
British Columbia, Canada
Does the prosecution of a felony reduced under Section 5 of the Penal Code to a misdemeanor proceed on the same complaint?
California, United States of America
What is the effect of a negotiated plea of no contest on counts 1, 2 and 3 of the charges against a defendant?
California, United States of America
What is the subjective prong of the Eighth Amendment analysis?
MultiRegion, United States of America
Does section 12022 of the California Criminal Code apply to a person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony?
California, United States of America
Can an attorney recover fees against a trustee individually?
California, United States of America
What is the effect of section 24(2) of the Criminal Code of Canada on sexual assault cases?
Canada (Federal), Canada
Can a plaintiff bring a material issue of fact as to her hostile work environment claim when she alleges that a colleague made unwanted sexual advances toward her?
MultiRegion, United States of America
Can a jury double-count the factors used to determine whether a defendant has been convicted of a capital crime as a result of the factor?
California, United States of America
Is possession of marijuana circumstantially proven?
MultiRegion, United States of America
What is the test for an employment discrimination claim?
California, United States of America
What is the test for re-examining evidence in a sexual assault case?
California, United States of America
In what circumstances will a hospital be liable for wrongfully withholding possession of a deceased's body?
"New York", United States of America
What is the test for an auctioneer to be considered a "merantile agent" in the context of an unenforceable pledge?
Saskatchewan, Canada
What is the test for fair comment in defamation law?
Saskatchewan, Canada
What is the test for determining an appropriate cost award in a personal injury case?
Ontario, Canada
In what circumstances will the court support the separation of siblings in order that each child reside with different parents?
British Columbia, Canada
How to calculate future income loss in the context of loss of income earning capacity?
British Columbia, Canada
Is an agreement in writing that is signed by one party alone and delivered to and accepted by the other party binding upon both parties?
federal, United States of America
Does a police officer need to have his siren activated before he strikes a pedestrian?
British Columbia, Canada
What authority does a court have to review expert testimony in a mental health case?
California, United States of America
What are the “gateway factors” set out in Rule 6.01(1) of the Rules of Civil Procedure?
Ontario, Canada
Does the forfeiture rule apply to issues raised for the first time on appeal?
California, United States of America
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition?
California, United States of America
Is a fraudulent misrepresentation sufficient to sustain a fraud claim?
California, United States of America
Does the exclusion of evidence that an alleged lookalike committed crimes in the area where the accused was arrested violate the Sixth Amendment?
MultiRegion, United States of America
Does the common law rule need to be observed by the federal courts?
MultiRegion, United States of America
What is the test for allowing evidence in a personal injury case?
California, United States of America
What is the effect of a finding of insufficient evidence to grant relief in a case where one of the charges of misconduct was reversed by the trial court?
California, United States of America
In what circumstances will a plaintiff be able to claim damages for odour from a neighbouring property?
Ontario, Canada
