Questions tagged [massachusetts]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Massachusetts.

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3answers
133 views

Is blacklisting allowed after I have put my notice in and acquired a new job elsewhere?

I am a Massachusetts citizen and I am also a disabled vet. I work at a large company as a programmer/developer, and I have decided to put my 2 week notice in after many frustrations and overall ...
2
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1answer
72 views

Naturalized Certificate required for Shall-Issue Firearms License

In my state of Massachusetts, before being able to purchase any firearms, you must obtain a Firearms Identification (FID) license or a License to Carry (LTC). Suppose that someone is in the process ...
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2answers
64 views

As a paid-hourly employee, am I subject to wages over the maximum hours set forth by a contract?

I work in MA. I am currently paid hourly. My current contract states Number of work hours per week: 40 hrs however, the employer and I have an understanding that I may work more hours. The employer ...
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1answer
68 views

Are there laws protecting borrowers from predatory practices in early loan payoff

In many cases, when you have a loan, you are able to pay the entire loan off early with a lump sum, rather than continuing to make regular, scheduled payments over an extended time period. The general ...
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1answer
243 views

Can A Person Be Convicted For Impersonating A Medical Professional Through Text Messaging?

Given that there's Person A and Person B: Let's say that Person B decides to play two pranks - maybe with the intent to cause emotional distress to Person A - both instances by pretending to be in a ...
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1answer
49 views

Court order during custody battle [closed]

If it's relevant, this is in Massachusetts. I have a situation where there is a custody battle going on and the two parties are under a temporary court order while the case is being processed (...
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1answer
76 views

Can my landlord ask for a fee for a non-executed lease?

In my lease, my landlord stipulated that on or before March 1st, he was going to email us a new lease (presumably for the next year), and we had to respond within 5 days whether or not we accepted ...
2
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2answers
59 views

What's the penalty for selling stolen digital files?

Is there a penalty for selling stolen digital files? Is it the same as selling other illegal goods? Is there no specific provision about it? If applicable, is there a Massachusetts-specific provision ...
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1answer
36 views

Does anyone know if there's an equivalent to the New South Wales Property and Contract act in Massachusetts?

I'm looking to see if there's an equivalent to the (Property and Contracts) Act 1970 of New South Wales in the US, specifically the part pertaining to minors.
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1answer
244 views

Can a minor act as an officer or director of a corporation?

I have two questions: I was wondering if a minor could act as an officer of a corporation; and if a minor can act as a director on a board of directors in the Commonwealth of Massachusetts.
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1answer
789 views

Is it legal for public schools to require video for remote classes?

Is it legal for public schools to require a student to run a webcam-video for remote classes in Massachusetts?
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1answer
137 views

Can a minor serve as a company's registered agent?

Can a minor serve as a registered agent for a company in Massachusetts?
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2answers
7k views

Is it lawful for banks to turn away minors?

Is it okay for a bank to turn away minors solely based on age even if they have a parent/guardian to sign/co-sign on the minor's behalf? Would it be considered age discrimination?
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2answers
107 views

Is it unlawful for a minor to own shares of a company?

I was wondering if it was unlawful for a minor to own shares of a company in Massachusetts if the company bylaws allow for it.
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1answer
76 views

Liability for felony theft in Massachusetts [closed]

I recently discovered that my recent ex-girlfriend had been stealing money from me. She had stolen my credit card information and used it to purchase Visa Gift Cards on Amazon. This occurred during ...
3
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1answer
94 views

What is the difference between the Supreme Judicial Court of Massachusetts and the Supreme Judicial Court for Suffolk County?

It is my understanding that the Supreme Judicial Court of Massachusetts is the highest state court in the state of Massachusetts. However, I have also heard reference to the Supreme Judicial Court for ...
2
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3answers
304 views

Knives out - inheritance

In the movie Knives Out (2019) there is a specific type of inheritance. Could he really do it like this ? Could he omit all of his descendants and bequest his property to a non-family member ? (...
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1answer
110 views

Adverse possession in MA, USA

X bought property recently in MA. X does land survey for the purpose of building fence. Survey reveals: (1) row of small plants of neighbor Y is inside X property. (2) old fence between neighbor Y and ...
3
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1answer
280 views

I owe rent for a month and my landord is threatening me to move my stuff out of the house

(Note: I know a similar question has been asked but this is slightly different in terms of the agreement and I also have specific location information which might help come up to a better conclusion.) ...
2
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3answers
194 views

What is the most effective way to contest poorly enforced speed restrictions?

I live in a fairly desirable area with one drawback: my apartment overlooks a multi-lane restricted access parkway. I'd prefer not to say more for privacy reasons. Until recently, it's been only a ...
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0answers
56 views

Do You Have to Identify Yourself to Police if Suspected of Underage Drinking? [MA, U.S.]

I was doing some reading on the laws relating to this, and I can't seem to get a clear answer. According to this source https://www.mattmlaw.com/blog/2013/04/underage-drinking-convictions-can-be-...
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2answers
89 views

Circumstances where Eminent Domain cannot condemn intellectual property?

Would it be possible to effectively prevent Eminent Domain from being used on intellectual property?
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1answer
372 views

Is There a Legal Distance to Slow Down After Passing a Speed Limit Sign of a Lower Speed? [MA]

I recently moved to Western Massachusetts from New Hampshire, where speed limit changes of 10+ MPH are always marked with "reduced speed ahead" signs. According to the Massachusetts government website:...
5
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2answers
659 views

paying debt collector's invalid rent claim, then suing landlord for money back [closed]

TLDR: terminated lease after continued upstairs noise, landlord sent debt collector, trying to decide if should pay debt collector and sue landlord for money back. We had been renting an apartment in ...
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3answers
132 views

Increased speed limit and decreased speed limit signs located ~1/3 mile apart on opposite side of road. When is it legal to increase speed?

Sorry for the confusing title, this is kind of hard to describe. I just moved to western MA. In my new town, there is this road where on one side, the speed limit goes from 40 to 30, but on the other ...
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1answer
117 views

Should I be worried about an illegal statement from my landlord?

In a letter I received when moving into a new apartment (which mostly covered standard move-in logistics) my landlord wrote that there would be a late fee imposed if rent was received more than 5 ...
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2answers
240 views

How does the prohibition on late rent fees work in MA?

In Massachusetts, USA, a landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if ...
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1answer
210 views

Does this lease clause provide a one sided exit for the landlord?

In the Greater Boston Real Estate Board Standard Lease Form, Section 8, it says In the event the Lessor is not able through no fault of his own to deliver the leased premises to the Lessee at the ...
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2answers
157 views

Does a property owner with beach frontage need to post the beach for it to be considered trespassing to walk across the property?

In MA, is it legal to cross someone's property on the ocean beach if the beach is not developed and is not posted?
6
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4answers
4k views

Force neighbor to resolve property line encroachment before selling house

My neighbor built a fence that crosses our property line. I had a surveyor come mark the boundary to be sure. (It has only been a few years so no adverse possession possibilities.) This neighbor is ...
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1answer
125 views

What to do about neighbor's dangerous retaining wall

Several years ago, a neighbor built a retaining wall on the property line. It is a really cheap retaining wall and made from wood. The wood is now rotten and the wall is falling apart. Worse, cars ...
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0answers
41 views

Are police reports public records?

Are police reports public records? For example, if I know about a crime, either through first hand knowledge or a news article, and I request in writing the police report on the crime, do I have a ...
3
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1answer
146 views

Plausibility of US Suit over Ownership of Photos of Slaves

Background As reported in this Washington Post news article and many similar articles in other major news organs, a lawsuit has very recently been filed against Harvard University and various ...
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0answers
25 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
3
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2answers
211 views

Is it legal to record audio using a phone if the phone has been stolen?

I am thinking of creating a business wherein I use specialized software on a client's phone that can be leveraged in the event that the phone in question gets stolen or the owner kidnapped. The ...
2
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1answer
143 views

In Massachusetts, does my church need a permit in order to sacrifice animals?

I know a while back ago, the Supreme court decided that it is unconstitutional for states to make animal sacrifice illegal. Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993), ...
3
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1answer
254 views

Can a minor file for a Business Certificate in Massachusetts?

I am a minor living in the state of Massachusetts and I am interested in getting a "doing business as" / Business certificate. I am already doing business in my town (online sales), however, I wanted ...
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1answer
308 views

In Massachusetts Can I Record Calls to and From Business?

I live in Rhode Island, we are a one party state. I have a small service business. For both of our security i like to record the call in case of further issue in the future. Rhode Island is a one ...
2
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1answer
5k views

Is it required by law to have a prescription to get an MRI scan in the United States?

Is it required by law to have a prescription to get an MRI scan in the United States? If state specific, I'm interested in California and Massachusetts. I'm reading conflicting, unsupported ...
1
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1answer
79 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 ...
0
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1answer
150 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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2answers
199 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 ...
5
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1answer
573 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 ...
3
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3answers
6k 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 ...
2
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0answers
160 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. ...
0
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1answer
39 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
544 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
108 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
530 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
1k 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 ...