Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for independent review of an interview where a confession is recorded and the facts surrounding the confession are undisputed?
California, United States of America
Is a child who has reached the age of majority still a child of the marriage?
British Columbia, Canada
At sentencing, can an order of no contact be imposed under section 1202.05 of the California Penal Code?
California, United States of America
How have courts interpreted the principles of the BCCA?
British Columbia, Canada
What is the test for a defendant to argue that his trial counsel was ineffective in failing to object to improper character evidence in a criminal case?
California, United States of America
When will a court infer liability for tortfeasor's actions?
Ontario, Canada
Can an order be issued against a defendant who is also a defendant in a criminal proceeding?
"New York", United States of America
What is the current state of the law on medical cannabis use in Canada?
Ontario, Canada
Is driving under the influence "upon any highway" illegal?
California, United States of America
What is the standard of living of a married couple?
Ontario, Canada
What is the test for the defense of necessity in an assault case?
California, United States of America
What is the purpose of requiring a jury to view an accomplice's testimony with distrust?
California, United States of America
What is the state's duty to provide medical care to an ill inmate?
MultiRegion, United States of America
What is the test for reasonable suspicion of criminal activity?
MultiRegion, United States of America
What is the test for admitting evidence in a murder trial involving violence occurring in the context of a close personal relationship?
Ontario, Canada
When will the Court of Appeal adjourn the matter in chambers?
British Columbia, Canada
What is the test for a claim for punitive damages under Title VII?
MultiRegion, United States of America
What is the test for a finding of invalidation of a motion by a jury in a personal injury case?
California, United States of America
What are the principles governing the resolution of a motion of no confidence?
British Columbia, Canada
How is the substantial evidence standard applied in medical malpractice cases?
California, United States of America
What is the test for a First Amendment violation of religious freedom in prison?
MultiRegion, United States of America
What are the implications of the Ninth Amendment in the context of civil liberties?
MultiRegion, United States of America
What is the "mailbox rule" in the context of federal and state petitions?
MultiRegion, United States of America
What is a "clearly established right" in civil law?
MultiRegion, United States of America
What is the test for dismissing an artfully drawn complaint?
MultiRegion, United States of America
What is the test for giving an instruction in a personal injury case?
California, United States of America
Is there any case law concerning misrepresentation in the context of sexual assault allegations?
"New York", United States of America
When a pedestrian is struck by a vehicle travelling in the same direction, does this rule apply in all circumstances?
California, United States of America
What are the constitutional rights of a parolee against a prison inmate?
MultiRegion, United States of America
In what circumstances will a court begin with the words of the statute?
California, United States of America
Can a deponent be asked about his knowledge about what is contained in a document that is not within his possession or power?
British Columbia, Canada
What are the elements of a finding of burglary?
California, United States of America
What is the current state of the law in the context of domestic violence cases?
MultiRegion, United States of America
How have the courts interpreted the Fourth Amendment in the context of airport searches?
California, United States of America
What authority does a trial judge have to exercise to control the order of proceedings?
California, United States of America
Can a member of a judicial or quasi-judicial tribunal be held absolute immunity from action for comments made in a decision made pursuant to a statutory duty imposed on the tribunal?
British Columbia, Canada
What is the test for setting aside an order of without notice?
Manitoba, Canada
Is showing of medical malpractice or negligence sufficient to establish a constitutional deprivation under the Eighth Amendment?
MultiRegion, United States of America
What is the test for making a claim under the Fourteenth Amendment for deprivation of liberty and property?
MultiRegion, United States of America
Can a three-judge panel overrule a prior decision of the court?
MultiRegion, United States of America
What jurisdiction does the Court have in determining whether an appeal is moot?
federal, United States of America
What is the test for applying for a licence to drive under a motor vehicle licence?
British Columbia, Canada
Can a strata restrict the use of dash cameras?
British Columbia, Canada
How much evidence is sufficient to convict a single witness?
California, United States of America
What is the test for corroborating evidence in a sexual assault case?
California, United States of America
What is the law on the duty of an insurance agent?
New Brunswick, Canada
Is an action that transgresses the scope of the applicable principles of law an abuse of the law?
California, United States of America
Does a turn signal remain on after a car makes a left turn?
MultiRegion, United States of America
What is the legal test for judicial review of a 24-hour driving prohibition?
British Columbia, Canada
What is the threshold at the granting of leave stage for a non-lawyer representative?
Ontario, Canada
Can a foreign defendant be a necessary or proper party to an action?
Alberta, Canada
Is a defendant entitled to a jury trial and proof beyond a reasonable doubt on the issue of Page 3?
California, United States of America
What is the test for determining consent?
Nova Scotia, Canada
Does the state have to show conscience-shocking behavior on the part of the state when it takes into custody an individual who has not been treated for medical reasons?
MultiRegion, United States of America
What is the test for establishing a relationship between permissively inferred fact and proven fact?
California, United States of America
When a contract contains a provision for attorney fees, can a successful party recover attorney fees?
California, United States of America
What is the test for imposing costs on a lawyer who has breached Rule 57.07 of the Rules of Civil Procedure?
Ontario, Canada
What is the test for a claim under Section 1983 of the Eighth Amendment against cruel and unusual punishment?
MultiRegion, United States of America
Does provocation constitute provocation in a murder case?
California, United States of America
How have courts interpreted "commercial establishment" in section 459.5 of the Ontario Constitution?
California, United States of America
What is the test for alleging a violation of the Eighth Amendment by a prison officer for failing to protect an inmate from violence?
MultiRegion, United States of America
Can a defendant argue the defense through jury instructions?
California, United States of America
Is a dismissed police officer entitled to a pension if he was dismissed for misconduct by the police commission prior to his final action on his application?
California, United States of America
What is the burden of proving admissibility by a preponderance?
MultiRegion, United States of America
What is the test for a plaintiff to accept a walk-away offer?
British Columbia, Canada
What are the obligations of Children's Aid Society of Niagara Region at the initial stage of a protection application?
Ontario, Canada
Is a sealing or non-publication order enforceable in common law?
Saskatchewan, Canada
Can an employer who has not asserted just cause at the time of firing an employee from alleging subsequently discovered just cause?
British Columbia, Canada
Does a court have any discretion in denying appellant's request to "sanitize" a child pornography conviction for impeachment purposes?
California, United States of America
How have courts used the aiding and abetting instruction in a murder case?
California, United States of America
Is a sentence of life with the possibility of parole appropriate for a defendant convicted of attempted premeditated murder?
California, United States of America
What is the test for a charge of dissuading a victim of sexual assault from making a report to police?
California, United States of America
Is a party's failure to comply with section 657, 659 of the California Code of Civil Procedure to seek a new trial invalid?
California, United States of America
What jurisdiction does the federal court have over an action brought by a plaintiff in his name?
MultiRegion, United States of America
What is the role of the Court of Appeal in overturning a child support order?
New Brunswick, Canada
What is the proper measure of damages for a claim for a breach of fiduciary duty?
British Columbia, Canada
Does defendant register a protest to the omission to charge with respect to the agency defense?
"New York", United States of America
What is the test for changing an interim order?
Ontario, Canada
What is the test for changing a debtor's debt?
British Columbia, Canada
What is the test for a jury's interpretation of an instruction in an attempted murder case?
California, United States of America
What is the meaning of the expression “old money” in the Offer?
British Columbia, Canada
What is the test for remand in a motion seeking to overturn a finding that a judge applied the wrong legal standard?
MultiRegion, United States of America
Is there any case law in which a defendant has argued that a variance in the scope of their criminal case is harmless or insignificant?
MultiRegion, United States of America
What is the test for determining that there was no shared parental intention?
Ontario, Canada
What is the meaning of the "force clause" in a civil case?
MultiRegion, United States of America
Does the whole photo lineup as a whole cause a witness to focus on a particular photograph?
California, United States of America
Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence?
California, United States of America
What are the implications of a federal and state law claim being dismissed before trial?
MultiRegion, United States of America
What is the burden of proving adverse possession in an action to quiet title?
California, United States of America
How have courts dealt with sexual harassment allegations in the context of sexual assault cases?
Alberta, Canada
What is the test for obtaining a search warrant for a suitcase in a searchable vehicle?
MultiRegion, United States of America
What is the burden of proving that a deficiency in a disability assessment was arbitrary or erroneous?
MultiRegion, United States of America
What is the burden of carrying out brandishing on a defendant?
California, United States of America
What is the test for a claim for deliberate indifference to health and safety under the Eighth Amendment?
MultiRegion, United States of America
What is the standard of review for a costs order?
British Columbia, Canada
Can a federal court increase a defendant's offense level by four levels if he was an organizer or leader of a criminal activity that involved five or more participants?
MultiRegion, United States of America
Can a motion to vacate a default judgment be made against a debtor who failed to respond to the notice?
MultiRegion, United States of America
What is the test for determining relevancy and probative value under the Alberta Evidence Code?
California, United States of America
What is the test for a plaintiff in a motor vehicle accident where they are in a different position than they would have been if the accident had not occurred?
British Columbia, Canada
How have the courts dealt with a prior strike and possession for sale allegations?
California, United States of America
What is the test for determining the extent of liability of negligence in a personal injury action?
British Columbia, Canada
How have courts interpreted the term "first degree" and "1st degree" in court minutes?
California, United States of America
What is the test for civil rights legislation in the context of civil liberties?
MultiRegion, United States of America
What is the test for a finding of misconduct for abuse of discretion?
California, United States of America
Is there substantial evidence of premeditated murder or felony murder?
California, United States of America
What are the procedural requirements for a judge to order that spectators be excluded from a hearing?
MultiRegion, United States of America
What is the test for a warrantless search?
California, United States of America
What is the burden of proving that a plaintiff has exhausted all available administrative remedies?
MultiRegion, United States of America
Does a plaintiff have a right to sue an employer in tort against a third party contractor?
MultiRegion, United States of America
What is the test for ascertainability in a class action?
California, United States of America
What is the test for establishing ineffective assistance of counsel?
California, United States of America
Does the Court have jurisdiction to hear a motion challenging the terms of a Defendant's criminal sentence under the Criminal Code 2255?
MultiRegion, United States of America
In a complex multi-defendant conspiracy case, in what circumstances will the jury be able to consider each defendant separately?
MultiRegion, United States of America
Does the doctrine of primary assumption of risk mean that a person has a duty to use due care to avoid injury to others?
California, United States of America
What are the reasons of a trial judge’s failure to state that they have a reasonable doubt?
Canada (Federal), Canada
What is the test for replevin?
British Columbia, Canada
Is it futile to remand this case, considering the gravity of the crime and the absence of extenuating circumstances?
California, United States of America
What are the implications of a jury's award of attorney's fees in a civil case?
MultiRegion, United States of America
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order?
Ontario, Canada
What is the test for splitting a cause of action?
California, United States of America
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness?
California, United States of America
How does a judge's finding on admissibility affect a jury's inquiry into guilt or innocence?
MultiRegion, United States of America
In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation?
Ontario, Canada
When weighing the deleterious effects of the impugned provisions in the workplace insurance system against their salutary benefits, what are the implications?
Ontario, Canada
What is the test for an interim support order?
Ontario, Canada
In what circumstances will a municipality be found liable for the nuisance caused by cutting through a natural watershed?
Saskatchewan, Canada
Does the terms of SB40 apply to sentencing in a case where the crime occurred before the crime was committed?
California, United States of America
Is a failure to commence an action within the applicable limitation period a complete defence?
Alberta, Canada
What is the impact of sentencing discretion on victims of crime?
Alberta, Canada
Can a defendant waive his right to a jury trial on the truth of a prior prison term allegation?
California, United States of America
What is the test for sufficiency of evidence in a sexual assault case?
California, United States of America
What is the test for a U-turn?
British Columbia, Canada
Can a prosecutor's conduct violate the due process clause of the Fourteenth Amendment?
California, United States of America
What is the test for a lien under Section 112(2) of the SPA?
British Columbia, Canada
Does a finding of absolute liability in a motor vehicle accident constitute absolute liability?
California, United States of America
What is the test for warrantless entry by a police officer to a house in a residential street?
California, United States of America
What is the test for proper application under the Divorce Act?
British Columbia, Canada
What is the general rule of Albers and the policy underlying former section 14 of the article I?
California, United States of America
What is the test for determining the extent of negligence liability of a plaintiff in a personal injury action?
British Columbia, Canada
How is the best interests test applied in a personal injury case?
Alberta, Canada
What is the test for applying rule 17.02?
Prince Edward Island, Canada
Is there any case law in which a jury convicted a defendant of conspiracy with other unknown persons?
MultiRegion, United States of America
What is the test for quashing an adjudicator's decision?
British Columbia, Canada
What is the legal test for necessity in a sexual assault case?
Manitoba, Canada
What is the test for the offence of shouting in a public place?
Saskatchewan, Canada
Is a driver's license immaterial in determining whether Gearhart was negligent at the time and place of the accident?
California, United States of America
What is the joint liability of one spouse to the other spouse's credit card and line of credit?
British Columbia, Canada
Is a lache barred from raising Williamson County as a defense?
MultiRegion, United States of America
What is the test for a plaintiff to request the assistance of counsel in a personal injury case?
MultiRegion, United States of America
Can a defendant who raises the defense of insanity waive his Fifth Amendment privilege against self-incrimination in a mental health case?
"New York", United States of America
What is the trier of fact on circumstantial evidence?
Ontario, Canada
What is the impact of prior good character of an employee charged with theft from their employer?
Alberta, Canada
What is the effect of a partial protective order on a patient-witness in a criminal case?
California, United States of America
Is a trustee entitled to fees for counsel fees incurred in the course of his duties?
"New York", United States of America
In a sexual assault case, what is the test for admitting to count 3 of the sexual assault charge?
California, United States of America
Is a person who knowingly aids and abetts criminal conduct liable for any other crime the perpetrator commits?
California, United States of America
What constitutes a reasonable fee for services provided by the SPCA?
British Columbia, Canada
What is the test for admissibility of an English-language version of a transcript in a civil case?
MultiRegion, United States of America
What is the test for a jury to overturn a conviction of sexual assault against two men convicted of the crime?
MultiRegion, United States of America
What is the test for unlawful possession of a controlled substance for sale?
California, United States of America
What is the test for suppression of evidence in a civil case?
California, United States of America
What is the legal test for a claim of insufficient evidence in a criminal case?
California, United States of America
What is the test for extending trial time?
Ontario, Canada
How have courts interpreted "wilful" in the meaning of section 1794(c)?
California, United States of America
What are some of the most recent federal decisions in which the US Supreme Court has ruled in favour of a motion by a federal appeals court?
MultiRegion, United States of America
What is the test for admitting to a charge of sexual assault where the offender was sober and intentionally engaged in a course of conduct to avoid apprehension by the police?
Alberta, Canada
Can a plaintiff recover damages in an action of deceit?
Alberta, Canada
What is the test for variation in maintenance agreements?
British Columbia, Canada
What is the burden of proving improper comment in summation?
MultiRegion, United States of America
What is the effect of a plaintiff contacting the superior court clerk's office after defendants have filed a request for trial de novo?
California, United States of America
What is the test for establishing a proper venue for a tort action?
California, United States of America
Does a difference of opinion between an inmate and prison medical staff regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim?
MultiRegion, United States of America
In what circumstances will a court strike down an ex post facto penalty for failing to comply with a traffic light?
California, United States of America
What are the principles that apply to the non-deductibility of collateral benefits?
British Columbia, Canada
What is the test for corroborating witness testimony in a criminal case?
California, United States of America
How has diminished capacity been interpreted in criminal law?
California, United States of America
What is the test for determining whether a defendant's confession was voluntary?
California, United States of America
What is the burden of proving ineffective assistance in a motion seeking reversal of a plea?
California, United States of America
What is the burden of proof for an attack on legislation as that is that it is against anti-possession legislation?
MultiRegion, United States of America
What constitutes a prima facie case?
MultiRegion, United States of America
Can a court dismiss a petition for writ of habeas corpus?
MultiRegion, United States of America
What is the evidentiary proof required to prove that the accepted injuries in the February 2007 fall were of causative significance?
British Columbia, Canada
What is the test for determining custody of a child?
British Columbia, Canada
What is implied malice murder and what is the test for it?
California, United States of America
What is the current state of the law on joint tenants' homestead rights?
Manitoba, Canada
How is a plaintiff's restitutionary remedy quantified?
British Columbia, Canada
What is the current jurisprudence on using Rule 18A in personal injury actions?
British Columbia, Canada
What is the test for a defendant to justify a plea of self-defense under the plea of homicide?
California, United States of America
What is the test for making a criminal allegation of sexual assault as a condition precedent?
"New York", United States of America
What is a true condition precedent?
British Columbia, Canada
Does a decision whether to exclude evidence under section 24(2) of the Charter require deference by the Court of Appeal?
British Columbia, Canada
What is the test for an aider and abettor in a murder case?
California, United States of America
Is a probation officer entitled to immunity from prosecution if he acts as a legislative researcher or aide to a state legislator?
MultiRegion, United States of America
Is a settlement agreement fair, reasonable and adequate?
MultiRegion, United States of America
What is the test for limiting defense counsel's cross-examination?
California, United States of America
What is the legal test for disbarring an attorney from a bar where he has been diagnosed with manic depression?
California, United States of America
What is the test for establishing that a person can be found to be a witness?
MultiRegion, United States of America
In what circumstances will a court order that a RESP account contributed by family members be used to fund a child's education?
Prince Edward Island, Canada
In what circumstances will a jury be able to determine whether a witness was intentionally killed?
California, United States of America
What is the test for determining whether a party has prevailed on its cause(s of action)?
California, United States of America
