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Questions tagged [massachusetts]

For questions relating specifically to Massachusetts law.

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1answer
31 views

Provisions on lease contract not fulfilled [closed]

I just wanted to get a second opinion on a part of my lease since I'd rather it not come back to bite me. Basically, I moved in May (set next renew date to September this year). When I looked at the ...
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11 views

Deferred Operator, Borrowing Vehicle, Bodily Injury Coverage

Regarding bodily injury vehicle insurance (not collision), and in the case where a household member, John Smith, whose car insurance agency, for various reasons, marks another household member, Jane ...
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1answer
67 views

Is there statutory interest on an unpaid debt, or can I only recover the principal?

I made a no-interest short term loan to a family member and have documentation of the debt, and he did not pay me back in the stipulated time frame. If I take legal means to recover the money owed, ...
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29 views

Is it illegal to offer money for a pet in Massachusetts?

It is very difficult to find cats or dogs in Massachusetts that are not either (1) registered breeds sold by breeders (like golden retrievers), (2) shelter animals, or from (3) pet stores. If you look ...
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63 views

Is it a violation of due process for a public committee to have no regular rules of order?

Many committees operate by Robert's Rules of Order, but there are others that have no fixed rules and I have observed public committees in some cases acting arbitrarily. Is it a violation of due ...
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1answer
136 views

How do I authenticate that a warrant and its bearers are authentic?

Questions... How can I tell if the warrant is authentic and authorized by an authentic court? How can I identify that the persons approaching me with the warrant are indeed authorized law enforcement ...
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3answers
103 views

Can I claim unemployment benefits if I already have a new job lined up?

Imagine that I live and work in Massachusetts. I am being laid off by the end of the year. I already have a new job but it won't start until a few months after the end of my current employment. I know ...
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0answers
61 views

Where does the money from speeding tickets go in Massachusetts?

I have noticed a significant drop in both local speed traps and predatory cruising by state police in Massachusetts. At a number of well-known speed trap locations I have not seen a car in many years. ...
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34 views

What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?

In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution? I know West ...
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1answer
108 views

No law against false imprisonment in Massachusetts?

A couple of weeks ago a cab driver refused to let me out of his cab. In the aftermath of that incident, I went to look up the laws in Massachusetts on false imprisonment and could not find any law ...
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1answer
32 views

Legal definition of “enclosed”

What exactly does “enclosed” land means under the Massachusetts trespassing law? Does it mean land with defined boundarys such as old New England rock walls.
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3answers
279 views

Under what conditions can a cop arrest someone?

I know in the old days, a person could only be arrested if they were actually observed in the commission of a crime. If someone accused someone else of a crime, they could not be arrested, but only ...
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88 views

How do I “prove” I am not a Massachusetts resident for state tax purposes?

I am in the process of moving out of Massachusetts. According to my reading of the Massachusetts's DOR's "guidance," I have to "prove" I am not domiciled in Massachusetts if I want to not be taxed by ...
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3answers
125 views

Can I prevent co-owners of my house from making modifications without my consent?

I live in the US (Massachusetts) and I jointly own a house, along with my wife and her parents (who live with us). I have noticed a frustrating trend recently with the other co-owners making repairs/...
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1answer
132 views

Are plain clothes police officers allowed to use force to make an arrest?

Disclaimer: I'm not related to this case in any way shape or form, I'm just a citizen trying to look at this without bias. Recently there was an issue in Massachusettes where a group of skaters were ...
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1answer
120 views

How can a person get copies of search warrants?

How are search warrants filed in Massachusetts? I assume they are public records. Are they filed at the county level? So, a person wanting to see who was getting searched in his neighborhood would go ...
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1answer
232 views

Can I legally “kick my kids out the door as soon as they are 18 years old”?

The threat my dad always used on me was, "get a job, or get out as soon as you're 18". I'm a dad now. I have one "child" who is 37 years old who doesn't work, and who I'd like to kick out, and ...
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1answer
90 views

Public Trespass

The Town Adminstrator of my town has issued a NO TRESPASS order on me personally. I'm a Private Citizen with no history criminal past. The No Trespass order is telling to stay off of Senior Center ...
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6answers
473 views

Can you record a public school official with or without their consent?

Some states such as Massachusetts have 2 party consent laws which restrict secret recordings by only one party, therefore, you have to ask public school officials if they consent to being recorded. ...
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1answer
57 views

Why is it illegal to annoy someone via electronic communication in Massachusetts?

According to Massachusetts State General Law, Chapter 269, Section 14A, it is illegal to send repeated communications to someone with the intent to annoy the person, punishable be 3 months in a ...
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1answer
69 views

Citation when trying to go to the mechanic to fix the flat tire

I was in Massachusetts and had flat tires and was going to the mechanic to fix them. The police gave me a citation for "negligent operation of vehicles". I would appreciate your advice whether it is ...
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1answer
40 views

Redacted emails from public records request

Recently I did a Massachusetts Public Records request on a public school district for an employees email to and from a domain (ex: all emails from example.com and to example.com). For convenience, I ...
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1answer
105 views

Is a security guard at an IRS office legally allowed to demand to see my cell phone?

This is sort of related to this other question but in this case it is about a cell phone and about entering a government (IRS) office. I visited an IRS field office in Worcester (Massachusetts, USA) ...
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2answers
98 views

Stopping never-ending emails from abusive ex?

Background There was an individual I was involved with approximately four years ago. The relationship was unwanted and abusive from the start. It was difficult getting out of and recovering from the ...
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2answers
60 views

How can I make sure that a house is clear of workmen's liens?

Is there a legal process I can undertake (like advertising in the paper) to clear any workmen's liens on a house that I am planning to buy? In other words, the situation I am trying to avoid is ...
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0answers
30 views

How to confer residency rights without tenancy?

I am buying a large house which has an existing owner who is a very old man and I would like to give him the right to continue to live in the house, but not have the same rights as a tenant (exclusive ...
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3answers
127 views

Is it criminal to take evasive actions to avoid paying a civil judgment?

If a lawsuit goes against the defendant and a judgment is rendered against the defendant, is it a criminal act for the defendant to then start hiding their assets or taking deliberate steps to evade ...
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2answers
52 views

Legal standards for seizing a house to satisfy a civil judgement

I know that for relatively small amounts of money a civil lien will just sit on a house and there is nothing else the lienholder can do. However, at some point of value, it must be possible to sieze ...
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1answer
39 views

What makes a document translation “court certified” in Massachusetts?

I have an agreement document which I need to translate into English, to be accepted as an exhibit in Massachusetts court. Looking around for certified translation services, there seem to be many that ...
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1answer
92 views

Do judges in Massachusetts always have original jurisdiction even in “trials by jury”?

How exactly does the law work with regards to the powers and privileges of juries. For example, in Massachusetts the law (General Laws Part III Title I Chapter 214) reads: The supreme judicial ...
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1answer
429 views

Is it legal to record a conversation in Massachusetts?

If you are physically present in a room where conversation takes place, is it legal to digitally record the conversation? Please refer to the following cases: When you are an active party When you ...
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1answer
118 views

Michelle Carter the person who urged a man to commit suicide sentenced to 2.5 years in prison. Is this constitutional?

Earlier this year Michelle Carter was arrested and charged with involuntary manslaughter because she urged her a guy to commit suicide. The guy was already suicidal but actually told Michelle that he ...
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2answers
59 views

Is a profit à prendre identical to “mineral rights”, or is there some difference?

Is a profit à prendre identical to "mineral rights", or is there some difference? My impression is that "mineral rights" is just a slang term for what is called profit à prendre in formal law, but I ...
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2answers
850 views

Is there any way I could sue ezpass?

Is there any way I could sue ezpass? For no reason ez pass MA did not charge my credit card claiming it does not work and send me invoice plus late fees!
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2answers
89 views

Does a town have to have a justification for a zoning restriction?

In one town near me there is a town that has zoning restrictions like, if an addition is over so-and-so many square feet it must have planning board approval. This would seem to be capricious ...
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1answer
636 views

Requirement to carry driver's license and registration in Massachusetts

I was reading Chapter 90 in the Massachusetts General Laws and I could not find any provision requiring an operator to carry a driver's license and registration documents in the vehicle while ...
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1answer
438 views

Proper jurisdiction for injunctive relief not involving a monetary claim in Boston

I am trying to figure out the proper venue for petitioning a civil injunction, a complicated problem in Boston. The pleading is for a mandatory injunction against the directors of a corporation ...
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44 views

Identify court that issued a warrant?

If a person or business gets searched and the police do not provide the owner of the place with a copy of the warrant, then the searchee has the problem of determining what court or judge issued the ...
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2answers
465 views

Do you have to disclose you are recording a call that is already being recorded?

I'm calling my credit card to dispute being charged twice for something. When I start to hold for an operator I'm prompted that the call may be recorded for whatever reason. If I also want to record ...
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1answer
275 views

30-day notice to landlord in Massachusetts: can the rent responsibility end at the end of the month in which the 30-day notice falls?

I am renting a dorm room on a campus in a university located in Massachusetts, United States. I notified my landlord (= the university's housing services) that I will move out on March 8 (i.e., in 30 ...
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27 views

Creation Date of Massachusetts Law

In what year was Massachusetts Chapter 186 Section 23 General Law put into effect?
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653 views

Year of passage of Massachusetts age of consent law

Massachusetts has an idiosyncratic age of consent law, which states that it is illegal to have sex with "any person under 18 years of age of chaste life": https://malegislature.gov/Laws/GeneralLaws/...
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65 views

Paying with coins in the Massachusetts, California, or New York [duplicate]

Can a private entity in the states of Massachusetts, California, or New York refuse a payment made with coins (e.g., on the ground that they only accept a maximum of X coins)? https://en.wikipedia....
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1answer
924 views

Do running lights satisfy laws requiring headlights be on when wipers are on?

Some cars have running lights (which are on whenever the engine is running). Some states have laws the require headlights be on when wipers are being used. Do running lights meet that requirement?
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1answer
1k views

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States?

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States? I am mostly interested for in the states of California, and Massachusetts. I am asking as this was ...
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2answers
1k views

Can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient?

In the United States, can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient? I am mostly interested for in the states of ...
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0answers
446 views

Can I legally wear a facekini in US beaches?

Can I legally wear a facekini on beaches in the United States? I am asking as there are sometimes regulations that prevent individuals from wearing some types of clothes (e.g., anti-mask laws). I ...
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1answer
65 views

Can I pick off the fruit from a plant that another resident of my building has placed and maintained in our building's common courtyard?

A resident in a building has placed and maintained a plant in our building's common courtyard. Can another resident of the same building legally pick off the fruit from this plant? I am mostly ...
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1answer
94 views

What is the legal grounds for the MA approved gun roster?

In Massachusetts, the attorney general's office ruled, many years ago, that only guns that they approve of, which have certain features, are legal to sell in the state. This regulation claimed to ...
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1answer
52 views

How to find case law for a particular subject

How can I find case law for a particular subject in my state (Massachusetts)? I have access to Lexis/Nexis, but my experience is that subject searches rarely work. For example, one topic I need to ...