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.
When will a federal court's decision not to admit evidence at trial be overturned?
MultiRegion, United States of America
Is a court's decision not to admit or exclude evidence reviewable for abuse of discretion?
California, United States of America
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal?
California, United States of America
What is the burden of proving the voluntariness of a confession?
California, United States of America
What is the test for admitting expert opinion testimony in a medical malpractice case?
California, United States of America
What is the case law on the validity of the Mehr?
Ontario, Canada
What is the current state of the law on misconduct in a civil case?
California, United States of America
What is the principle of patent unreasonableness?
British Columbia, Canada
What is the limitation period for a defamation claim based on defamation?
California, United States of America
Are there any cases where a motion to strike has been successful?
MultiRegion, United States of America
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure?
Alberta, Canada
Does a recorded statement contradict a finding that the recorded statement was coerced?
California, United States of America
What are the factors used in determining non-pecuniary damages?
British Columbia, Canada
Is it prejudicial error to instruct the jury to consider all material evidence in the context of sexual assault?
California, United States of America
What is the burden on a plaintiff to prove that they were injured as a result of negligence?
British Columbia, Canada
What is the test for establishing a prima facie case of first degree murder?
California, United States of America
What is the range of conditional sentences for smoking marijuana near a school playground?
Alberta, Canada
How is child support calculated when the child only remains a child because of his post-secondary education?
British Columbia, Canada
What is the test for "common common law common common law" in a class action?
MultiRegion, United States of America
What is the test for reversal of a judgment when the prosecution fails to correct or amend a witness's testimony?
California, United States of America
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support?
British Columbia, Canada
When a jury is deadlocked in a trial, what are the consequences of not reporting a final vote?
California, United States of America
What is the legal test for unnecessary and wanton force under the Eighth Amendment?
MultiRegion, United States of America
What is the burden of establishing a prima facie case under s. 27(1)(c)?
British Columbia, Canada
Can inducement be used in a criminal case?
MultiRegion, United States of America
What is the test for determining whether a contract is a contract of sale of gasoline?
California, United States of America
What is the test for s.1519(1) of the Criminal Code, and what are the implications for the test?
MultiRegion, United States of America
What is the burden of proving prejudice against a defendant in a consolidated case?
California, United States of America
What is the test for a judge's allocation of restitutionary responsibility?
California, United States of America
What is the current state of the law on admitting evidence?
MultiRegion, United States of America
What is the test for a successful party to be successful in a claim?
Alberta, Canada
What is the legal test for establishing that a plaintiff is entitled to the same procedural safeguards as a plaintiff?
California, United States of America
What is the test for good faith on the part of the arresting officer?
MultiRegion, United States of America
What is the evidentiary burden on a plaintiff to prove that they suffered mental distress as a result of a breach of contract?
Ontario, Canada
What is the standard of review for abuse of discretion?
California, United States of America
Is there any case law supporting a claim of discrimination in promotion in the context of employment law?
MultiRegion, United States of America
What is the current state of the law on sexual assault?
California, United States of America
What is the range of damages for a plaintiff in a motor vehicle accident case?
British Columbia, Canada
Is a form prepared by a police community support officer excludable under the hearsay rule?
MultiRegion, United States of America
Can a state prisoner seek relief from the federal district court under section 2254 of the Criminal Code?
MultiRegion, United States of America
Does a petition for writ of habeasas corpus need to be directed at the fact or duration of confinement?
MultiRegion, United States of America
How have courts interpreted the definition of a "rigid two-step analysis"?
MultiRegion, United States of America
Does a no-gang contact probation condition need to be considered?
California, United States of America
What is the standard of review when a criminal conviction rests primarily on circumstantial evidence?
California, United States of America
What is the current state of the law on discrimination against members of the same family?
MultiRegion, United States of America
What is the test for determining whether a defendant has been found guilty of a criminal offence?
California, United States of America
What is the burden of establishing that a party has been successful in a motion to prevent a person from obtaining a restraining order?
federal, United States of America
What is the test for a reasonable suspicion of assault?
MultiRegion, United States of America
Does a plaintiff have standing to bring an action alleging that he was injured as a result of alleged price-fixing?
California, United States of America
What is the test for committal at a preliminary hearing?
Manitoba, Canada
What is the test for ambiguity in a contract?
Nova Scotia, Canada
What is the test for making a statement of intent under the Criminal Code of Canada Code of Criminal Procedure?
MultiRegion, United States of America
What is the test for reversing a decision in a medical malpractice case?
California, United States of America
What description does solicitor-client privilege need?
British Columbia, Canada
What is the standard of review for a defendant's proposed jury instruction?
MultiRegion, United States of America
What is the current state of the law on pre-trial release?
MultiRegion, United States of America
Does a defendant have a right to silence and confrontation of witnesses in a criminal case?
California, United States of America
How have courts dealt with civil cases dealing with civil liberties issues?
California, United States of America
Can a prosecutor reasonably challenge the peremptory decision of a jury?
California, United States of America
Is a criminal defendant entitled to a defense that reflects the defense theory?
MultiRegion, United States of America
Is the record inadequate for review because it does not contain the transcript relied upon by the trial court?
California, United States of America
Is there a minimum distance required for a jury to determine the severity of a sexual assault?
California, United States of America
Can a police officer ask a driver or passenger to get out of their vehicle?
California, United States of America
What is the role of an appellate court in reviewing the sufficiency of the evidence?
California, United States of America
What is the test for granting leave for the issuance of a Certificate of Public Prosecutions?
Ontario, Canada
What is the penalty for an attempt to dispose of an open can of beer and to use mouthwash to thwart a breathalyzer test?
British Columbia, Canada
What is the test for determining whether a plaintiff is entitled to medical malpractice compensation even without objective evidence from her doctor?
British Columbia, Canada
What is the test for dismissing a claim as moot?
California, United States of America
Can an attorney's representation violate the Sixth Amendment?
MultiRegion, United States of America
What is the test for disclosing an arguable case?
Canada (Federal), Canada
What is the difference between the creation of a liability and the accruing of a cause of action?
California, United States of America
What is the test for possession and possession of marijuana?
MultiRegion, United States of America
Does the California Energy Commission have the power to prevent utilities from resorting to accounting practices resulting in unreasonably inflated expense figures?
California, United States of America
What is the test for determining whether a course of criminal conduct is Divisible, giving rise to separately punishable crimes?
California, United States of America
What is the burden of proving an arrest bench warrant is valid?
California, United States of America
Does the accused have a fair trial interest in seeking a publication ban?
Manitoba, Canada
Can a plaintiff who is ignorant of the identity of a defendant file a complaint before the statute of limitations has expired?
California, United States of America
What is the current state of the law on disclosure of personal information obtained from a motor vehicle records database?
MultiRegion, United States of America
In what circumstances will the police be sued in negligence for failing to investigate and arrest a suspect who had committed a series of similar crimes in the same area?
British Columbia, Canada
What are the implications of the double jeopardy clause in the federal and state constitutions?
California, United States of America
What is the general rule of the Court of Appeal on appeal against a finding of not guilty?
California, United States of America
What is the current state of the law in the context of the Fifth Amendment?
California, United States of America
Can a default judgment be set aside?
Ontario, Canada
What are the requirements for expert testimony in criminal law?
California, United States of America
Is an injunction enforceable against a defendant found incompetent to stand trial?
California, United States of America
What is the relevant case law in relation to this sentence?
Alberta, Canada
How have the courts treated evidence in a murder trial?
MultiRegion, United States of America
What is the role of the courts in determining that an individual’s rights, interests and privileges should be treated fairly in the context of a civil proceeding?
British Columbia, Canada
Can an attorney be disbarred from the State Bar if they persistently advertise for divorce business during a suspension?
California, United States of America
Does the Attorney General have forfeited his confrontation clause claim by failing to raise it below?
California, United States of America
What is the effect of mind-altering substances on the inference of a person's subjective mental state from their conduct in a second-degree murder case?
MultiRegion, United States of America
What is the effect of Section 186.22 of the California Penal Code on sexual assault?
California, United States of America
Can a writ petition be used to review a good faith settlement determination?
California, United States of America
What is the standard of review for a motion to suppress evidence in a sexual assault case?
California, United States of America
How have courts dealt with a request for a statement of decision from a retired trial judge?
California, United States of America
What is the standard of review for a search warrant application?
California, United States of America
Does a putative father's admissions in pleadings to being the child's father preclude the need for a judicial filiation decree?
Ontario, Canada
Can a defendant in a tort action recover attorney's fees from a third party defendant?
California, United States of America
What is the test for determining if the prosecution knew or should have known that the testimony was actually false?
MultiRegion, United States of America
What is the burden of proving the consent of the real party?
California, United States of America
Does the Eighth Amendment prohibit infliction of cruel and unusual punishment?
California, United States of America
Is section 654 of the California Criminal Code applicable to a specific set of crimes?
California, United States of America
What is the test for establishing that an accused has a Charter violation?
Manitoba, Canada
Is an extradition judge a court of competent jurisdiction for purposes of s. 24 of the Charter of Rights and Freedoms?
Canada (Federal), Canada
If the trial court erred by failing to give an admonition or even to grant the motion for a mistrial, is the error harmless?
California, United States of America
How have the courts dealt with the issue of a promissory note?
British Columbia, Canada
Is there any case law or case law supporting the argument that a person with a profile similar to that of the applicant in Vietnam should not be returned to that country?
Canada (Federal), Canada
How much is a plaintiff’s ability to articulate her experiences in dealing with her injuries and their impact on her personal and economic future?
British Columbia, Canada
Does a restoration of civil rights expressly prohibit the possession of a firearm?
MultiRegion, United States of America
Is there any case law where a plaintiff sued his attorney for negligence?
California, United States of America
Can a defendant be placed on probation for sexual assault where the victims were adults at time of sentencing?
California, United States of America
Is there any case law in which a defendant was successful in admitting evidence that prejudicial testimony from a prosecution expert was prejudicial?
California, United States of America
Is inducement sufficient to be an actionable interference?
Ontario, Canada
Does an agreement incorporated into an order under s. 15.2 of the Criminal Code include that it is subject to variation upon a material change of circumstances?
British Columbia, Canada
How have the courts treated instructions to the jury in a civil case?
MultiRegion, United States of America
Does a defendant waive his right to good-time/work-time credit?
California, United States of America
What is the effect of the doctrine of nunc pro tunc on a motion to extend the limitation period in a securities class action?
Ontario, Canada
What factors will the court consider in deciding whether to consolidate or not to consolidate the cases?
MultiRegion, United States of America
Can a motion to dismiss without prejudice be dismissed without paying attorneys' fees?
MultiRegion, United States of America
Does a defendant have to choose a defense strategy that could result in imposition of the highest possible penalty?
California, United States of America
For the purpose of establishing that evidence of crime found during airport screening is admissible in court, in what circumstances would it be inadmissible?
MultiRegion, United States of America
What constitutes informed consent in medical malpractice cases?
California, United States of America
What is the test for obtaining a warrant for arrest under s. 529 of the Criminal Code?
British Columbia, Canada
What is the test for dismissing a cognizable legal claim?
MultiRegion, United States of America
Are there any federal decisions that support TKPOA's claim that the mitigation fee is unconstitutional?
California, United States of America
What are the consequences of denial of attorney fees in resisting the removal of trustees?
California, United States of America
What is the test for a charge under section 924(c)(1) of the Criminal Code when a defendant is found guilty of a charge of sexual assault?
MultiRegion, United States of America
What is the test for admitting evidence of a prior criminal act against a defendant?
California, United States of America
Is an expert's opinion about gang culture and habits sufficient evidence for a jury to convict members of a criminal gang?
California, United States of America
Does the public have a right to access the documents of a grand jury?
MultiRegion, United States of America
Can a defendant be convicted of violating a protective order?
California, United States of America
Is character evidence in a criminal case admissible?
California, United States of America
What is the effect of a written policy on off-duty safety police officers?
California, United States of America
Under what circumstances will an officer be found to have been lawfully engaged in performance of duty at the time of resistance?
California, United States of America
What is the test for Section 1983 of the Federal Civil Rights Act?
MultiRegion, United States of America
What are the elements of a conversion claim?
California, United States of America
In what circumstances will a deputy sheriff be called to a domestic violence incident in which the alleged assailant and the alleged victim are separated from each other?
California, United States of America
What are the consequences of fraudulent misrepresentations in real estate transactions?
"New York", United States of America
Is life without parole the presumptive sentence under section 190.5 of the California Criminal Code?
California, United States of America
Can a bank obtain attorney fees on appeal?
California, United States of America
What is the test for determining whether a plaintiff has a valid claim?
California, United States of America
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
Is there a Section 654 objection?
California, United States of America
What is the relevant case law in relation to an application for a licence to be granted under ABQB 47?
Alberta, Canada
What constitutes "intemperate behavior" by a prosecutor in a criminal case?
California, United States of America
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident?
California, United States of America
Does a defendant have to testify that he left presence of an armed aggressor to commit a crime under duress defense?
California, United States of America
How have the courts interpreted the block fees in the costs grid for preparation fees during trial?
Ontario, Canada
What is the relationship between challenges to jurisdiction simpliciter and determinations of forum non conveniens?
British Columbia, Canada
What are the grounds for striking a jury notice?
British Columbia, Canada
What is the test for "rational basis review" in the context of equal protection of the law?
California, United States of America
Can a defense counsel's failure to obtain bank records in time for trial be treated as trial tactics?
California, United States of America
What is the test for a motion for injunctive relief against the appellants for First Amendment violations?
MultiRegion, United States of America
What is the test for abusing the substantial evidence rule?
California, United States of America
Can a motion for a new trial based upon newly discovered evidence be reviewed for an abuse of discretion?
MultiRegion, United States of America
What is the difference between a charge of attempted possession of cocaine and battery?
California, United States of America
When a criminal defendant challenges the sufficiency of the evidence to support his conviction, how does the Court of Appeal review the whole record?
California, United States of America
What is the test for recklessness with the truth?
British Columbia, Canada
What is the test for a time-limited order to provide transitional support for the wife?
Ontario, Canada
What is the test for a criminal conspiracy under the RICO Act?
MultiRegion, United States of America
Does section 1203.1 or section 1202.4 of the California Criminal Code apply?
California, United States of America
What is the test for reversal of a finding of not guilty of misconduct in a criminal case?
California, United States of America
What is the standard of review on appeal from a dismissal?
California, United States of America
Is a decision not to depart downward from the guidelines subject to review on appeal?
MultiRegion, United States of America
What is the test for determining whether a defendant is liable for the death of a plaintiff in a motor vehicle accident?
California, United States of America
Does a getaway driver continue to commit the crime of aiding and abetting by fleeing after the crime has been committed?
MultiRegion, United States of America
Can an employer be held liable for punitive damages based upon the acts of its employees?
MultiRegion, United States of America
What is the range of damages for past loss of income?
British Columbia, Canada
In what circumstances will the ultimate discipline of a grievor be dismissal rather than unpaid suspension?
New Brunswick, Canada
What is the test for determining whether an instruction provided by Schueler was harmless beyond a reasonable doubt?
MultiRegion, United States of America
What factors will be considered when assessing credibility?
British Columbia, Canada
What is the test for imputing income on a student's application to be imputed?
Ontario, Canada
What is the test for a temporary spousal support claim?
Ontario, Canada
Is there a duty of care on the part of the Canada Revenue Agency?
British Columbia, Canada
What is the standard of damages in a personal injury case?
British Columbia, Canada
Does a defendant who pleaded guilty to a charge of possession of a firearm have been entitled to a resentencing?
California, United States of America
In what circumstances will a defendant be found guilty of making a threat to kill another man at a convenience store?
California, United States of America
What are the elements of a tort for deceit?
California, United States of America
What is the test for finding an aggravating factor in an assault case?
California, United States of America
What duty does a court have to inform a jury of general principles of law?
California, United States of America
What is the test for accepting or rejecting evidence of intent to pervert the course of justice?
Saskatchewan, Canada
Can evidence of intoxication be considered in determining whether appellant acted with premeditation or deliberation?
California, United States of America
What is the test for establishing a mining claim in good faith?
California, United States of America
What is the effect of a district court's denial of a habeas claim on state procedural grounds de novo?
MultiRegion, United States of America
What is the current state of the law on permissive inference?
California, United States of America
Does the relationship requirement for an amended statement of claim apply to the administrators of the named defendant’s estate?
Alberta, Canada
In what circumstances will an enforceable contract be enforceable?
British Columbia, Canada
Does the exclusionary rule apply to the penalty phase of a capital trial?
California, United States of America
In what circumstances will a judge order a restraining order against a husband for a year?
Manitoba, Canada
Is there any defence of passing on the costs of an action for unjust enrichment?
New Brunswick, Canada
What is the test for obtaining consent to search a personal computer?
Ontario, Canada
What is the test for a motion to set aside a search and seizure order made against a defendant at a preliminary hearing?
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
What is the definition of a confidential personnel record in the California Penal Code?
California, United States of America
What is the test for an award of double costs for failing to accept an offer to settle that should have been accepted?
British Columbia, Canada
How have the courts interpreted mitigation and aggravation in a murder case?
California, United States of America
What is the test for a cost of future care award?
British Columbia, Canada
What is the test for showing a defendant's propensity to commit acts of domestic violence?
California, United States of America
Can a defendant be punished for a single act or indivisible course of conduct punishable under more than one criminal statute?
California, United States of America
What is the test for a defendant's claim that the trial court denied him the right to present his unconsciousness defense?
California, United States of America
