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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90184
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i have filed an appeall,need to prepare brief, need to secure

Customer Question

i have filed an appeall,need to prepare brief, need to secure at least two cases for my argument
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. While I do look forward to working with you to provide you the information you are seeking, please understand we are not an in depth legal case law research service as the cost of access to that service is well beyond the scope of the service provided by this site.

However, if you have some simple legal issue you would like us to try to provide you a case citation on, it is possible we may be able to do that for you, but we cannot research in depth issues for you.

If you would give us the circumstances and background and your specific issues we can see if we can assist.
Customer: replied 1 year ago.

as stated i have filed an appeal, am in need of case law for my brief. advise if you are able to provide??

Expert:  Law Educator, Esq. replied 1 year ago.
Well, as we know nothing about your appeal and cannot just pull case names out of a hat for you, it is pretty tough for us to tell you much of anything at this point.

We cannot, as I previously explained engage in in depth case law research (you said a case or two only and now you are in need of case law for your brief) and if you need in depth research done then you have to engage a local para legal service. I do apologize in that I was willing to help you with minor research, but in depth research is beyond the scope of this service.
Customer: replied 1 year ago.

my case has to do with not reciving notice to appear from my advesary. in accordance with nj judiciary rules to notice plaintiff of a court hearing(stature rule 1`:5-3 and 1:5-1,) as a result my case was dismissed for failure to appear, which i am appealing

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. It appears you really might not be aware of how case law research is done as you have provided very scant facts for us to try to even determine what you need (many pro se litigants do not realize how much information is needed to properly search case law as the databases are not that easy to navigate). However, from the facts you provided, what you need to prove is "good cause" for you not appearing, which is grounds for the court to vacate a dismissal against you for not appearing.

According to the NJ courts, the court on hearing a motion to vacate a dismissal (or an appeal on denial of the motion) has to make a determination of the good cause reason why you did not appear. See: Adedoyin v. ARC of Morris County, 325 N.J. Super. 173, 738 A.2d 374 (N.J. Super., 1999). Failure to appear at an unnoticed proceeding is good cause to vacate a dismissal. Farrell v. TCI OF NORTHERN NJ, 875 A.2d 1017, 378 N.J. Super. 341 (N.J. Super., 2005).




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90184
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

received your information re: two cases for my brief, however i am not able to open!!therefor how do i know they are correct for my argument??

Expert:  Law Educator, Esq. replied 1 year ago.
Access to the case law databases, which is what I was telling you above, cost us over $160 per hour to access. You are going to have to look them up by checking the cases in google or going to the court library and looking them up. When reading the cases, their facts might not be similar to your facts, but they are cited merely for the proposition that a dismissal should be vacated when you have good cause as to why the case should not be dismissed and failure to give you notice of a hearing is considered good cause, that is all they are being used for and not for anything else they say.

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