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 defendant ask the victim of sexual assault about their past sexual activity?
California, United States of America
Is a knife used to instill fear and inflict great bodily injury in a carjacking and an attempted murder?
California, United States of America
What is the "process of nature" rule in the context of a disability claim?
California, United States of America
What is the evidentiary burden of proving that there is no genuine issue to be tried?
British Columbia, Canada
Can a public safety officer be terminated for refusing to cooperate with an investigation conducted by an outside agency?
California, United States of America
Can an employer at a pre-hearing hearing dispute a worker's testimony that it did not put to the worker during the course of her testimony?
British Columbia, Canada
What are the grounds for dismissal of a defendant who represented himself in court?
California, United States of America
Can a bankruptcy judge grant a judgment against a bankrupt who has been declared bankrupt?
Alberta, Canada
What is the effect of non-compensationary support on a spouse?
British Columbia, Canada
Is a hospital's relationship with a medical staff analogous to that of a prisoner/jailer?
MultiRegion, United States of America
What is the test for a Rule 29 motion and a Rule 33 motion?
MultiRegion, United States of America
In what circumstances will a defendant be charged with assault with intent to pervert the course of justice?
"New York", United States of America
Does an employer have a right to refuse to enforce a provision that may seem unfair?
Canada (Federal), Canada
What is the test for unanimous verdict in a criminal case?
California, United States of America
What is the test for exemption of capital, stock and all property of a company?
Saskatchewan, Canada
Can a judge set aside a judgment procured as a result of clerical error?
California, United States of America
What is the test for determining whether a contract is certain enough to be enforced?
California, United States of America
What is the test for excluding evidence of a defendant's defense from their trial?
California, United States of America
Can a police officer be held liable for personal injury and property damage sustained by an individual as a result of his failure to arrest and detain him?
California, United States of America
Is probation an act of clemency and grace, not a matter of right?
California, United States of America
What are the consequences of a finding of error in a motion for personal injury?
MultiRegion, United States of America
What is the test for determining whether a person can be found guilty of a common law offence?
British Columbia, Canada
Does the objective sufficiency of a testator’s reasons matter?
British Columbia, Canada
Can subordinate legislation conflict with another Act?
British Columbia, Canada
What is the standard of defense in a medical malpractice case?
California, United States of America
Can a defendant be prosecuted for perjury under section 118 of the Penal Code for perjury?
California, United States of America
What are the implications of a finding that a broad injunctive relief requested by appellee in the prior action was unconstitutional?
MultiRegion, United States of America
What is the procedure for conducting an in camera hearing in a civil case?
California, United States of America
What is the test for ineffective assistance of counsel in a motion to vacate a conviction and withdraw a plea?
California, United States of America
What is the effect of a finding that the debtor's intent was not fraudulent?
MultiRegion, United States of America
What is the burden on a defendant to defend against the facts of his past convictions?
California, United States of America
In what circumstances will a defendant appeal his conviction for forcible lewd acts against his stepdaughter?
California, United States of America
What is the test for determining whether a claim can be dismissed or dismissed in a personal injury case?
MultiRegion, United States of America
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident case?
British Columbia, Canada
What is the legal test for distributing unclaimed funds from a class action settlement?
MultiRegion, United States of America
What is the substantial evidence standard of review for gang enhancements and gang participation convictions?
California, United States of America
Does a Defendant agree to pay out of court fees in a class action?
MultiRegion, United States of America
What is the test for calculating child support for adult children who are attending post-secondary education away from home?
Ontario, Canada
What is the test for good faith advice to an attorney to refuse to comply with a court order to reveal assertedly privileged information?
California, United States of America
How have the courts treated a motion to vacate a judgment against Defendant in the Superior Court of Appeal?
California, United States of America
What is the test for admitting evidence of abuse of discretion?
California, United States of America
What is the standard of care expected of a registered nurse of average competence?
British Columbia, Canada
What is the test for a jury to reject defense evidence of incompetence?
California, United States of America
Does the concurrence provision in the Federal Constitution violate the federal constitution?
California, United States of America
When will a defendant appeal his conviction for premeditated attempted murder?
California, United States of America
Does this court have jurisdiction to stay third party proceedings?
British Columbia, Canada
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines?
British Columbia, Canada
What is the test for allowing the prosecution to amend a criminal complaint?
California, United States of America
In what circumstances will a sentence for a robbery conviction be stayed pursuant to section 654 of the Criminal Code?
California, United States of America
Does a jury have to agree on one or more of the several theories proposed by the prosecution in a first degree murder trial?
California, United States of America
In what circumstances have courts found that a defendant acted alone in committing an attempted robbery?
California, United States of America
How have courts treated a motion to withdraw a guilty plea in a sexual assault case?
MultiRegion, United States of America
What is the test for making a prelitigation claim?
California, United States of America
How have courts interpreted legislation in the context of a review hearing?
Ontario, Canada
What is the ultimate test for determining the best interests of the children?
New Brunswick, Canada
Can an application be made to re-open a personal injury jury trial after the verdict has been rendered?
British Columbia, Canada
Does this court have jurisdiction to issue a stay of a deportation order pursuant to section 134(2) of the Courts of Justice Act?
Ontario, Canada
When can a plaintiff reasonably have become aware that she had a cause of action?
Ontario, Canada
What is the test for reducing child support arrears?
British Columbia, Canada
Does a defendant have a "vested right" to attend a parole review hearing?
California, United States of America
What is the limitation of the right of a plaintiff to appeal in the Court of Appeal?
MultiRegion, United States of America
Can a judicial officer be paid for his services?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
Can a person who is serving a felony sentence for a crime that was reduced to a misdemeanour under Proposition 47, under what circumstances can they appeal against their sentence?
California, United States of America
What is the burden on a prosecutor to provide a non-discriminatory reason for exercising a peremptory challenge?
California, United States of America
Is there a forfeiture by failing to object in a motion for writ of habeas corpus?
California, United States of America
Does a prisoner have a constitutional right to meaningful access to the courts?
MultiRegion, United States of America
Is this the case of the admission of judicially authorized communications?
New Brunswick, Canada
What is the test for dismissing a strike under section 1385 of the California Three Strikes?
California, United States of America
What is the burden of establishing disproportionality in the sentence of a defendant's sentence for possession of a drug with intent to commit a criminal offence?
California, United States of America
What is the current practice of a defendant seeking discovery of the past conduct of the arresting officer?
California, United States of America
In what circumstances will the City of Victoria be liable for injuries sustained by a tennis court owner?
British Columbia, Canada
What is the test for admissible evidence in the context of a motion for summary judgment?
British Columbia, Canada
Is a criminal conviction supported by sufficient evidence for purposes of federal and state due process requirements?
California, United States of America
What are the reasons of a judge's finding that the evidence is inadequate?
California, United States of America
Is there any case law with respect to sentencing enhancements under section 654 of the Penal Code?
California, United States of America
What is a fresh evidence on appeal?
British Columbia, Canada
Does an adult child who moves into the home of his parent's family unit need to pay board or be considered a member of the family unit?
British Columbia, Canada
What is the difference between a credit card and a charge card?
MultiRegion, United States of America
Does a judge have bias against the prosecution at voir dire?
California, United States of America
Is there any evidence that tends to connect a defendant with the commission of the offence?
California, United States of America
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt?
California, United States of America
What constitutes "puffery" in a brochure?
Alberta, Canada
What is the burden of appeal against the Court's denial of judicial notice?
California, United States of America
What is the duty of a police officer to prepare a detailed and comprehensive notes after an investigation?
Ontario, Canada
Does the statute of limitations under AEDPA apply to other states?
MultiRegion, United States of America
Does a defendant have to have notice that he is being considered by a jury in a civil case?
MultiRegion, United States of America
What factors are considered in determining whether or not a decision maker has a duty of fairness when making a decision that is procedurally unfair?
Saskatchewan, Canada
Is Esquimalt permitted to amend its pleadings?
British Columbia, Canada
Does a jury instruction violate due process if it fails to give effect to the requirement that the People must prove every element of the offense?
California, United States of America
Is an agreement by a homesteader to give possession of his homestead for five years to a party who would farm it on shares not a transfer or assignment?
Saskatchewan, Canada
What is due process for a defendant to be charged with sexual assault?
California, United States of America
Is there any case law where a defendant has been found guilty of assault by reason of gross negligence?
California, United States of America
Is evidence of a violent character of the victim admissible in a prosecution for a homicide where self-defense is raised?
California, United States of America
What is the range of general and pecuniary damages for discrimination against an employer in a human rights case?
Alberta, Canada
Can a different officer than one who has formed the necessary reasonable reasonable grounds serve a notice of prohibition?
British Columbia, Canada
Is there any case law relating to the marriage of two cousins?
Canada (Federal), Canada
What is the test for prejudice in a personal injury case?
California, United States of America
What is the impact of a child's relationship with extended family such as grandparents and aunts and uncles?
Ontario, Canada
What is the current state of the law on classification of different species of plant?
California, United States of America
What are the circumstances in which a plaintiff sustained mechanical low back pain as a result of a fall?
British Columbia, Canada
What is the legal test for determining whether a landlord is liable for a nuisance caused by a tenant's dog?
California, United States of America
What is the test for strict compliance by a police officer in a drug case?
California, United States of America
Does a prisoner have access to a mailbox in prison?
MultiRegion, United States of America
What is the legal test for giving reasons for arrest?
Alberta, Canada
What is the test for equity to determine that no unfair advantage has been obtained in a transaction?
New Brunswick, Canada
In what circumstances will a defendant be denied a motion to suppress a blood draw based solely on probable cause of DUI?
California, United States of America
When appointed to a federal government position, does the applicant have to prove that he is qualified to be a federal judge?
California, United States of America
What is the law on spousal support pursuant to the Divorce Act?
British Columbia, Canada
What is the test for a claim that a trial court failed to properly instruct on the applicable principles of law?
California, United States of America
Is implied malice sufficient to support a finding of second degree murder?
California, United States of America
What is the test for a felony-murder?
California, United States of America
What is the test for obtaining records of complaints against a peace officer?
California, United States of America
Is there any case law where a jury returned two verdict forms for first degree murder, one for guilty and one for not guilty?
California, United States of America
What is the test for withdrawing a case from the jury?
Ontario, Canada
Is it possible for a motion under Rule 50.13 (6)(d) to be made summarily at a case conference without convening a formal hearing?
Ontario, Canada
Does the Court of Appeal have the power to increase or decrease the sentence of an offender who appeals his sentence?
British Columbia, Canada
What is the test for a defendant to be convicted of conspiracy?
MultiRegion, United States of America
Does the abuse of discretion standard apply to a federal court refusing to give a voluntary manslaughter instruction?
MultiRegion, United States of America
What is the state of the art of the state-of-the-art defense in the failure to warn?
California, United States of America
Does the Fourteenth Amendment prohibit denial of equal protection of the laws?
California, United States of America
In what circumstances have courts found that a renewal of a writ of motion was improperly renewed after the writ was issued in 1972 but not served?
British Columbia, Canada
What is the current state of the law on "psychological ploy"?
California, United States of America
What is the burden of proving insufficient evidence?
California, United States of America
In what circumstances will the Attorney General argue that section 190.2(b) of the California Criminal Code does not require that the actual killer be a person who personally kills but rather one who proximately causes the death?
California, United States of America
What is the test for a motion for mistrial for abuse of discretion?
California, United States of America
How have the defense counsel responded to the prosecutor's observations about R.J's timid demeanor?
California, United States of America
Can an application be made to the trial judge before the judgment has been entered?
Alberta, Canada
What is the effect of the prosecutor's prejudicial misconduct in the closing argument in the third trial of a child abuse case?
California, United States of America
What is the test for evidence of bias in a jury trial?
British Columbia, Canada
What is the legal test for equitable tolling in a habeas petition?
MultiRegion, United States of America
In what circumstances will a court order that a plaintiff be examined by a psychologist?
British Columbia, Canada
What is the impact of the court's decision not to take live testimony from the jurors before the evidentiary hearing?
MultiRegion, United States of America
Is a failure to allege facts establishing jurisdiction fatal to a complaint?
MultiRegion, United States of America
What is the test for determining interim spousal support under the Divorce Act, 1985?
British Columbia, Canada
Can a pre-sentence report be used to determine the severity of a sentence for a convicted rapist?
MultiRegion, United States of America
What is the difference between the opinions in Tock v Fletcher and Rylands v Fletcher?
Nova Scotia, Canada
What are some of the opinions of former US Supreme Court Justice Powell on whether a reasonable investigative stop does not offend the Fourth Amendment?
California, United States of America
Does a defendant have any confusion about his right to refuse to speak and to have an attorney present?
California, United States of America
Does the Equal Protection Clause in the Fifth Amendment apply in the context of discrimination cases?
MultiRegion, United States of America
What is the test for determining whether a federal error was found to be harmless beyond a reasonable doubt?
California, United States of America
What is the "mailbox rule" and what is the proper date for filing a motion?
MultiRegion, United States of America
How does the Court of Appeal assess the correctness of a ruling?
California, United States of America
Is unavailability of counsel a legitimate reason to adjourn an adjournment?
Ontario, Canada
How have courts interpreted "stipulations" in a conditional clause in a contract?
MultiRegion, United States of America
Does a tactical decision by a party seeking to enforce an arbitration clause result in undue delay?
Ontario, Canada
What is the scope of an action for damages under an agreement for sale of land?
Saskatchewan, Canada
Can beneficiaries of a trust call in the trust from the trustee?
Ontario, Canada
What is the standard of review for insufficiency of evidence in a robbery case?
California, United States of America
What is the difference between final and interlocutory orders in a civil proceeding?
Ontario, Canada
What is the legal test for making findings contrary to the California Coastal Commission review?
California, United States of America
What is the test for a jury to find a prosecutor guilty of misconduct in a criminal case?
California, United States of America
What is the test for reasonable suspicion and probable cause determinations de novo?
MultiRegion, United States of America
What authority does a third party have to consent to a search warrantless search?
MultiRegion, United States of America
What is the difference between a husband seeking to terminate or reduce his obligation to pay spousal support due to his retirement age?
British Columbia, Canada
What is the test for reversal of a finding that a search warrant was unlawful?
California, United States of America
Can a bankrupt's ex-wife's attorney's fees be discharged from his bankruptcy?
MultiRegion, United States of America
Does appellant have to change her argument to support her claim that the equalization of children between custodial and non-custodial parents is justified?
California, United States of America
Does section 654 of the California Criminal Code prohibit multiple punishments for a single act or indivisible course of conduct?
California, United States of America
What is the test for discretion in dismissing a motion for sexual assault?
California, United States of America
How have courts interpreted "Fear" in the context of sexual assault cases?
California, United States of America
Can a defendant file a personal injury brief on his own behalf on appeal?
California, United States of America
Does section 654 of the One Strike Act apply?
California, United States of America
Is a motion for default judgment an abuse of discretion?
MultiRegion, United States of America
What is the legal test for setting aside a default judgment?
British Columbia, Canada
What is the test for notice of accident and injury?
MultiRegion, United States of America
What is the test for determining whether a defendant is mentally competent to stand trial?
California, United States of America
Can a consent order be set aside on the grounds of misrepresentation, fraud, duress and unconscionability?
Ontario, Canada
What is the test for a binding contract for the sale of land?
British Columbia, Canada
What is a satisfactory excuse for not presenting a defense?
California, United States of America
What is the standard of review for a challenge to a conviction of attempted robbery?
California, United States of America
What is the judicial approach to determining whether qualified privilege should be recognized?
British Columbia, Canada
How have courts interpreted statements relying upon statements relied upon by the applicants?
Ontario, Canada
What is the impact of a short marriage on the income of the two spouses?
British Columbia, Canada
What is the test for a defendant to waive their Miranda rights?
California, United States of America
Is a trial court's failure to instruct on accomplice liability under section 1111 harmless?
California, United States of America
What is the test for “clean hands” in a claim in equity?
Ontario, Canada
Does the respondent have to be a "public authority" under the Public Prosecutions Act?
Canada (Federal), Canada
Can an amendment of a pretrial order be reversed?
MultiRegion, United States of America
Is there any case law where a defense counsel has a conflict of interest in providing ineffective assistance?
California, United States of America
What is the test for a right to trial by jury following a small claims action?
California, United States of America
Are statements made in the course of police interrogation not testimonial?
California, United States of America
Can post-judgment evidence be used to prove that an appeal is moot?
California, United States of America
What is the scope of a local government's liability in a civil action?
MultiRegion, United States of America
What is the test for specific and breadth of a search warrant?
California, United States of America
Is Section 19685 of the California Code of Civil Procedure unconstitutional if it allows certain officers to appoint as many deputies as may be necessary?
California, United States of America
How does the felony-murder rule apply?
California, United States of America
What is the test for obtaining a review order to force a plaintiff to become self-sufficient?
Manitoba, Canada
Are statements by petitioner's defense counsel after the jury was discharged on the grounds of implied consent?
MultiRegion, United States of America
Does res judicata apply to an interlocutory motion?
Yukon, Canada
Does Defendant have any grounds to argue that the jury instruction was legally deficient or biased?
California, United States of America
What is the test for Rule 59 of the Rule 59 motion?
MultiRegion, United States of America
Can the government respond to a defense counsel's summation comments that impugned the integrity of the government's case?
MultiRegion, United States of America
In what circumstances will a court award attorney fees for abuse of discretion?
California, United States of America
Is a defendant's failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal?
California, United States of America
How have the courts interpreted the fifth amendment privilege of requiring a financial institution to produce records of a client's transactions?
MultiRegion, United States of America
What is the test for determining whether a probationer wilfully violated his probation?
California, United States of America
How have instructions been interpreted in a motor vehicle accident case?
British Columbia, Canada
What is the state's position on personal injury law in the context of personal injury cases?
MultiRegion, United States of America
If a patient recorded on Ex. 21 "The patient was walking in the dark in his home and suffered a fall", is that a statement sufficient to be considered proof?
British Columbia, Canada
