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Questions tagged [massachusetts]

For questions relating specifically to Massachusetts law.

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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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32 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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71 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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26 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
167 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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3answers
74 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
114 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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101 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
66 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
199 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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86 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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427 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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44 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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67 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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35 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
85 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
81 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
54 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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29 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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10 views

Does a nominee trustee have to be present at a real estate closing?

As I understand it, a nominee trustee for the buyer does not have to be present at a closing. In fact, from what I read the buyer does not need to be present at the closing at all. In my case I have ...
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3answers
110 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
49 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
33 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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79 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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350 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
88 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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53 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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647 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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77 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
486 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
328 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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41 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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48 views

Are landlords required to provide tenants a room temperature below some level in Massachusetts or California? (e.g., with air conditioning)

In many states in the United States, there exist laws requiring landlords to provide tenants heat capable of maintaining a room temperature of ~68 degrees Fahrenheit. Example (mirror): According to ...
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400 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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50 views

Cited for driving an MA registered car with an out-of-state licence? What would the code be?

I was pulled over and cited for driving an MA registered car with an out-of-state licence (I was originally pulled over for an expired sticker) and the cop let me know about this law. What would the ...
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248 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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25 views

Creation Date of Massachusetts Law

In what year was Massachusetts Chapter 186 Section 23 General Law put into effect?
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506 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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60 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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616 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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877 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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1answer
739 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
368 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
57 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
82 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
49 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 ...
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1answer
155 views

How to calculate Alimony and Child Support in Massachusetts?

For a couple residing in Massachusetts, the Man makes $100,000 /yr before taxes. The wife in last 13 years had mostly stayed at home, or brought in a very small fraction of the family income from non-...
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2answers
89 views

Security Deposit term (whether it is legal) in Rental Agreement in US

I just read my rental agreement carefully and I found some bad terms. The security deposit term in my rental agreement said: "No interest will be paid on this money (security deposit) and in no case ...
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1answer
280 views

What does it mean to 'enter' property in the Massachusetts trespass statute?

The Massachusetts trespass statute reads (emphasis mine) part IV, Title I, Chapter 266, Section 120 Section 120. Whoever, without right enters or remains in or upon the dwelling house, ...
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2answers
491 views

Massachusetts wiretapping law when the other party informs of possibly being recorded?

The State of Massachusetts has a wiretapping law that is describe by DMPL.com as follows: Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, ...