Legal Question in Business Law in New Jersey

Where does one look to find precedents regarding gratuities?

I am suing a company I contracted for. The case involves gratuities. Where could I find cases that would define what a gratuity or service charge actually is, and who it legally belongs to? I don't know how to even begin searching, and I cannot afford a lawyer.

Thank you.


Asked on 12/09/06, 2:48 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Where does one look to find precedents regarding gratuities?

Legal research is a year-long law school course that instills in the student an art form that cannot be taught via this forum. If you do this research yourself, you'll learn through trial and error that it is a painful but rewarding process.

Do you live anywhere near a law school? If so, go to their library and ask to speak to the reference librarian. Tell him/her what you are looking for. S/He will be able to direct you to the means to look up the caselaw you need, if there is any out there (which I don't know, having not done the research). Many law school libraries are open to the public, but don't go during exam time (i.e., now). Wait until early January if you possibly can.

The New York State Library in Albany maintains a good research system, too. They don't care that law school exam time is now.

Searching caselaw is an art that is also practiced by paralegals. The paralegal cannot give you legal advice, but they may be able (for less than a lawyer would charge) to look up relevant caselaw for you and give you the unedited list of citations they come up with. It's then up to you to read through reams of material and separate out the (grain of) wheat from the (hectares of) chaff.

If you qualify, you might go to Legal Aid. They can take your case on a reduced- or no-fee basis IF YOUR INCOME MEETS THEIR STANDARDS (the lower the better). Every county in New York has a legal aid system; contact the county supreme court clerk's office if you need information on how to find the legal aid office in your county.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 12/10/06, 12:16 am


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