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.
Can a supervisor be held liable for the actions of his or her subordinate under federal law?
MultiRegion, United States of America
What is the test for a prison official to be found guilty of violating the Eighth Amendment?
MultiRegion, United States of America
What is the test for entering a person's home without a search warrant?
California, United States of America
What is the current state of the law on the concept of a secret lien?
Alberta, Canada
What is the effect of pre-trial publicity on a jury?
MultiRegion, United States of America
Can a defendant be found guilty of soliciting for the murder of his cousin?
California, United States of America
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code?
California, United States of America
What is the burden of proving a party has waived their right to arbitrate?
MultiRegion, United States of America
What is the range of punishment for a person who is convicted of a felony committed for the benefit of, at the direction of or in association with a criminal street gang?
California, United States of America
Does a Miranda warning need to be issued under the Tarantino rule?
California, United States of America
In what circumstances will a prison official be found to have breached the Eighth Amendment by failing to provide adequate facilities for a prisoner in solitary confinement?
MultiRegion, United States of America
In a personal injury action, how have courts dealt with the burden of proving that defendant failed to show plaintiff that she paid for the mortgage during the mortgage period?
California, United States of America
What is the test for balancing under s. 11(b) of the Criminal Code of Canada?
Nova Scotia, Canada
How have the Respondent Defendants dealt with the Application?
Alberta, Canada
What is the onus on a parent seeking to vary custody or access?
Ontario, Canada
What is the test for paying a bribe under Section 201(a)(1)(A) of the Criminal Code?
MultiRegion, United States of America
What is the quantum of damages for breach of contract when an employee is terminated for cause rather than for pay?
British Columbia, Canada
What is the current state of the law on the doctrine of proof by more than a preponderance in non-fraud cases?
California, United States of America
Does the failure of the claimant to disclose when the October Order was served on the Respondent is a cause for concern?
British Columbia, Canada
Does section 190.2 of the California Criminal Code apply to the crime of conspiracy to murder?
California, United States of America
How has the court determined the front yard of a private residence is not a "public place" within the meaning of section 647 of the Penal Code?
California, United States of America
Does a court need to give Sua sponte a cautionary instruction that testimony pertaining to the flight be viewed with caution?
California, United States of America
How has the standard of review been applied in cases involving illegal entry and credibility issues?
California, United States of America
What is the test for determining whether or not to dismiss an allegation of sexual assault under section 352 of the Criminal Code?
California, United States of America
What is the obligation of the custodian of a law enforcement officer's personnel file to provide for discovery of relevant evidence on a Pitchess motion?
California, United States of America
What are some examples of abuse of evidentiary rulings?
MultiRegion, United States of America
Is Corral successful on appeal against the conviction of making criminal threats?
California, United States of America
How have the courts interpreted the opinion of an investigating officer's report in a jury trial?
MultiRegion, United States of America
What is the standard for a motion for continuance in a civil proceeding?
California, United States of America
What is the standard of review in civil appeals?
California, United States of America
What is the test for using rates from outside the forum district in a personal injury case?
MultiRegion, United States of America
Is a plaintiff entitled to authorized attorney's fees to a legal services organization?
"New York", United States of America
What is the appropriate remedy for a claim for unjust enrichment in the context of a constructive trust?
Ontario, Canada
Is the A.L.E.R.T. screening device used by a police officer to obtain a blood sample from an accused a Model J3A?
Saskatchewan, Canada
Does the US Sentencing Guidelines say that a medical condition might be sufficiently serious to warrant release?
MultiRegion, United States of America
What is the current state of the law on judicial misconduct?
California, United States of America
Is a postconviction inmate entitled to the same treatment as a defendant in a criminal case?
California, United States of America
What is the test for an offer under section 998 of the California Motor Vehicle Code?
California, United States of America
In what circumstances will a defendant waive his right to a jury trial?
California, United States of America
Is a defendant who is in custody entitled to a Miranda warning?
California, United States of America
Are there any cases where a decision not to sanction Magnetar under Rule 37 was abused or abused?
MultiRegion, United States of America
What are the implications of the 2012 legislative amendments in B.C.?
British Columbia, Canada
What is the test for establishing a duty of care for a plaintiff?
MultiRegion, United States of America
How have courts interpreted the meaning of the word "hearing" in a hearing?
MultiRegion, United States of America
What are the grounds of review against the Superintendent of Motor Vehicles?
British Columbia, Canada
What is the current state of the law around disclaimers on a Health and Social Care application?
MultiRegion, United States of America
What are the consequences of an imprudent decision by a trustee on a pension plan?
Alberta, Canada
What factors are considered to be relevant in determining whether a patient with a long-term mental disorder is no longer in remission?
California, United States of America
How much weight should a jury give to evidence of a conspiracy?
MultiRegion, United States of America
What is the test for admitting a witness' prior statement?
California, United States of America
What is the difference between a mortgage and an agreement of sale?
Alberta, Canada
What are the implications of enhanced sentencing provisions in criminal law?
California, United States of America
When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule?
California, United States of America
What is the effect of failure to obtain a search warrant for a suspect?
California, United States of America
Can impeachment evidence be excluded from a criminal trial?
California, United States of America
Can a jury be convinced beyond a reasonable doubt that a defendant was conscious when he stabbed a victim?
California, United States of America
What is the test for interpreting an order in a personal injury case?
Ontario, Canada
What is the legal test for deliberate indifference in the context of medical malpractice cases?
MultiRegion, United States of America
Can an expert testify before the jury in a personal injury trial without disclosing their reasons for their opinion to the jury?
California, United States of America
What is the threshold requirement for a party to seek permissive intervention in a personal injury case?
California, United States of America
What is considered a crime premeditated?
California, United States of America
What is the test for a claim for negligent infliction of emotional distress?
California, United States of America
What is the test for a search and seizure warrant for surveillance aircraft?
California, United States of America
What is the test for substituting jurors in a jury trial?
California, United States of America
How have privies been interpreted in the context of issue estoppel?
Manitoba, Canada
Is there any case law supporting the argument that the assault with a deadly weapon is not a lesser included or lesser included crime?
California, United States of America
Is there any case law where a defendant has admitted to making a series of errors?
California, United States of America
What authorities have been cited for the elements of being an aider and abettor?
California, United States of America
Is there a triable issue as to whether there is a conspiracy against the police?
MultiRegion, United States of America
What are the terms of an offer to settle?
British Columbia, Canada
What is the test for a claim against a prison for deliberate indifference to health and safety?
MultiRegion, United States of America
What is the test for determining an unreasonable factual determination?
MultiRegion, United States of America
What is the test for intoxication in the context of section 29.4 of the Penal Code?
California, United States of America
Is there any case law in which a defendant has made an offer to plead guilty?
California, United States of America
Can a defendant who has pleaded guilty or no contest to a charge obtain a certificate of probable cause from the trial?
California, United States of America
What role does the Court of Appeal have in determining the sufficiency of evidence in a sexual assault case?
California, United States of America
Does a search warrant need to be conducted during an investigatory search?
MultiRegion, United States of America
In what circumstances will the jury not award damages in a motor vehicle case?
California, United States of America
Is a broker required to provide a client’s personal details about the client as part of the application form?
Ontario, Canada
What is the test for excluding evidence from the evidence of a breach of section 8 of the Charter?
British Columbia, Canada
What is the test for requiring a defendant to answer questions in a civil action?
California, United States of America
Are there any issues in the conduct of appellant's attorney?
California, United States of America
What is the state of the law on an appellate waiver?
MultiRegion, United States of America
What is the test for membership of a criminal gang?
California, United States of America
Can a jury rely solely on defendant's failure to testify rather than the testimony of other witnesses?
California, United States of America
Does a plaintiff have to be given notice of deficiencies in his complaint before he can amend or amend his complaint?
MultiRegion, United States of America
What is the test for a jury to determine the length of a sentence in a criminal case?
California, United States of America
What is the test for “unconscionable conduct” in divorce law?
Ontario, Canada
Does the rule of lenity apply here?
California, United States of America
Does a motion for a new trial constitute an abuse of discretion?
California, United States of America
What is the test for a judge to consider whether a motion for a protective order or an informal resolution is adequate?
California, United States of America
Does the term of supervised release on remand need to be reduced to a lesser term of supervision?
MultiRegion, United States of America
Does Section 2244(c) of the New York State Criminal Code include a "knowingly" mens rea element that increases the maximum sentence for a child sex offence?
MultiRegion, United States of America
Is a motion to quash a subpoena issued to Doe Four a violation of fourth amendment rights?
MultiRegion, United States of America
Does the error of instructing the jury to determine whether the private driveway in which the drug sale took place was a public area constitute an error?
California, United States of America
What if a jury was instructed on involuntary manslaughter rather than first degree murder?
California, United States of America
Does section 654, subdivision (a) of the California Criminal Code allow multiple punishment?
California, United States of America
What is the test for a judge to be "conferred" by statute?
Manitoba, Canada
Is a jury presumed to have followed the judge's instructions?
MultiRegion, United States of America
Can a court order a special levy, on application by an administrator, after the owners have voted down a special resolution?
British Columbia, Canada
Is there an evidentiary hearing to determine whether a plaintiff has been successful in his claim?
MultiRegion, United States of America
What is the test to determine whether deprivation is sufficiently serious under the Eighth Amendment?
MultiRegion, United States of America
Is an order imposing sanctions on a party's attorney appealable as a final order on a collateral matter?
California, United States of America
Is a jailer liable for injuries caused by an inmate's intentional conduct?
MultiRegion, United States of America
Can a jury infer malice from the factual predicate underlying the determination of a lack of probable cause?
California, United States of America
What standard of care does a strata corporation have for repairs and maintenance of common property?
British Columbia, Canada
In what circumstances will an executor be removed?
British Columbia, Canada
What are the consequences of a court's failure to stay a sentence for a defendant convicted of a charge of possession of methamphetamine?
California, United States of America
What is the legal test for advising the court that you wish the children placed in your care be placed in their care?
Nova Scotia, Canada
What is the test for an application for extension of time for application for leave to review a record of time?
Canada (Federal), Canada
What is the current state of the law on the right to compel a suspect to give a statement under the Miranda Rule?
"New York", United States of America
What are the elements of a claim for damages against the Director of Agriculture and other state officers?
California, United States of America
What conditions must be imposed on a doctor who has been declared bankrupt to be able to continue his practice?
Saskatchewan, Canada
How have the courts in Taiwan dealt with the issue of parental consent to place a child with the paternal grandmother in Egypt?
Ontario, Canada
What is the test for reversal of a conviction for second degree murder?
California, United States of America
Can a municipality be held liable to a property owner if it is negligent in the enforcement of a building bylaw containing mandatory provisions?
British Columbia, Canada
Is it misconduct for a prosecuting attorney to express his personal belief as to the reliability of a witness?
California, United States of America
What is the legal test for committal?
British Columbia, Canada
What is the test for "robable cause" in the context of search and seizure cases?
MultiRegion, United States of America
What is the tort of abuse of public office in Canada?
Alberta, Canada
Does the Attorney General have any grounds to argue that a defendant invited the error in giving a limiting instruction at a preliminary hearing?
California, United States of America
How has joint custody been awarded in cases involving manic depressive parents?
Saskatchewan, Canada
What is the legal test for reinstatement of an application to reinstate an order of appeal?
British Columbia, Canada
Does a federal district court have jurisdiction to dismiss a motion for failure to state a claim?
MultiRegion, United States of America
What is the impact of a plea bargain between prosecutors and the judge?
MultiRegion, United States of America
Is a motion to quash an appeal on the basis that the order is interlocutory in nature?
Ontario, Canada
How have the courts treated a plaintiff's right to defend himself in a civil action?
MultiRegion, United States of America
What is the current state of the law on reversal of jury instructions?
California, United States of America
What is the scope of an inquiry into allegations of sexual assault?
California, United States of America
What is the standard of care required of a medical practitioner?
Ontario, Canada
What is the test for determining whether a person is a member of a terrorist group?
Canada (Federal), Canada
Is there any reason why he went into the bathroom during the crime?
California, United States of America
What is the test for alleging bias in a federal court?
Ontario, Canada
What is the test for determining whether a defendant's course of conduct was divisible or indivisible?
California, United States of America
What is the test for upholding a conviction of a defendant in a sexual assault case?
MultiRegion, United States of America
Does Section 1615 of Title 19 of the Federal Tax Code apply to forfeiture of a parcel of real property?
MultiRegion, United States of America
What is the petitioner's burden on application for habeas corpus?
California, United States of America
Does a denial of reconsideration bring up underlying removal order for review?
MultiRegion, United States of America
Does unlawful detention entitle a defendant to misdemeanor treatment?
California, United States of America
What is the test for a time limitation defence?
Nova Scotia, Canada
What is the test for a guilty plea?
Alberta, Canada
What is the test of relevant evidence in a criminal case?
California, United States of America
Can a government employee seek dismissal under section 425.16 of the California Civil Code for making a speech in a public forum?
California, United States of America
Does the implied exception rule apply to the exclusion of a specific provision?
British Columbia, Canada
In a medical negligence case, does an expert have to establish the appropriate standard of care?
California, United States of America
Can a named party appeal a judgment of a federal district court against a class action settlement?
MultiRegion, United States of America
What is the test for refusing a request for instructions on self-defense?
California, United States of America
Can a motion to change the place of trial on account of the convenience of witnesses be denied?
California, United States of America
What is the burden of sustaining a finding of misconduct at the Court of Appeal?
California, United States of America
What is the test for admitting evidence of sexual assault in a criminal case?
California, United States of America
Does imposition of undertakings have a mitigating effect on a return order?
Ontario, Canada
Can a defendant appeal his own instructions in a personal injury case against a defense counsel?
California, United States of America
What is the test for spousal services given by one party to the other in relationships?
British Columbia, Canada
What is the test to be applied under the Fourth Amendment on search and seizure?
California, United States of America
What is the test for ex post facto legislation that imposes a minimum fine on a criminal defendant after the crime has been committed?
California, United States of America
Does a state court have jurisdiction to grant relief?
MultiRegion, United States of America
Is there any prejudice against another man because of his skin?
Manitoba, Canada
What is the test for a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c)?
MultiRegion, United States of America
What authority does the chairman have to promulgate the rules of the New York State Health and Social Care Commission?
"New York", United States of America
What is the test for overturning a judgment or verdict based upon evidence inherently improbable?
California, United States of America
What is the test for a claim of ineffective assistance on the basis of failing to lodge a contemporaneous objection and a request for an admonition?
California, United States of America
Can a defense of duress be used in the context of an attempted premeditated murder case?
California, United States of America
Does a three-judge panel have authority to overturn the decision of Far West?
MultiRegion, United States of America
Can a majority shareholder of a corporation sue the directors of the corporation for personal losses?
British Columbia, Canada
Can a prosecutor improperly refer to information not in evidence (i.e. what a defense lawyer knew about his client's involvement) in a criminal case?
MultiRegion, United States of America
Can a judge overturn a finding that a district attorney improperly prosecuted a defendant on grounds of bias?
California, United States of America
What is the effect of a police officer informing a person of the reason for their detention?
Alberta, Canada
What constitutes bad faith behaviour for the purposes of costs?
Ontario, Canada
What is the relationship between an unmarried couple and a disabled plaintiff?
British Columbia, Canada
Is a disability tax credit exempt from the operation of the Bankruptcy and Insolvency Act?
Alberta, Canada
Does section 12022.22.1, subdivision (b) of the Criminal Code apply to a person arrested for a secondary offence that was alleged to have been committed while that person was released from custody on a primary charge?
California, United States of America
What is the standard of probable cause for the government to seize the residence of the Beltrans?
MultiRegion, United States of America
Does the Attorney General have a say in the case of a defendant's representation by the Public Defender's Office?
California, United States of America
What are the implications of a claim for substantial indemnity costs in a personal injury case?
Ontario, Canada
What are the flaws in the majority's reasoning in this case?
MultiRegion, United States of America
What is the difference between a renewal of judgment and a post-judgment action?
California, United States of America
What is the limitation on the right of counsel in a sexual assault case?
British Columbia, Canada
Does paragraph 9 of the Statement of Claim need to be struck out?
Canada (Federal), Canada
What is the test for a claim of persecution?
Canada (Federal), Canada
Does Section 182(a)(1) of the Criminal Code apply to a conspiracy to violate Section 11352 of the Espionage Act?
MultiRegion, United States of America
What is the difference between second degree murder and manslaughter?
California, United States of America
Is an inmate entitled to cross-examine witnesses at a disciplinary hearing?
MultiRegion, United States of America
Is a motion to amend an amended complaint supersets the original complaint?
MultiRegion, United States of America
Does a husband and wife's joint tenancy of a house constitute community property?
California, United States of America
What are some cases where a motion to move was not permitted by the courts?
Ontario, Canada
Is a condition of probation valid if it requires or prohibits conduct which is not itself criminal?
California, United States of America
What is the test for placing children in care?
Ontario, Canada
How have the courts treated impeachment evidence in a criminal case?
California, United States of America
What is the test for availability of employment?
Canada (Federal), Canada
What is the test for an allegation of false imprisonment in a criminal case?
"New York", United States of America
What is the test for dismissal of a complaint?
MultiRegion, United States of America
How has the Fellowship of the American College of Engineering been adjudicated on the first and second elements of a motor vehicle accident claim?
California, United States of America
Is a superior court judge required to sit outside his or her home province to facilitate the implementation and enforcement of a national class action settlement?
Ontario, Canada
What is a defendant's duty to act with reasonable diligence?
California, United States of America
Does a good faith settlement between economic and noneconomic damages need to be allocated post-trial?
California, United States of America
What is the test for determining whether a petitioner would pose an unreasonable risk to public safety?
California, United States of America
What is the test for a plea of guilty to a charge of sexual assault?
MultiRegion, United States of America
Does section 654 of the California Criminal Code permit punishment for assault and burglary?
California, United States of America
Does the remedy of attachment need to be separate from the action at law?
California, United States of America
What is the test for issuing a certificate of probable cause for appeal?
California, United States of America
