Questions tagged [massachusetts]

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

Filter by
Sorted by
Tagged with
3
votes
2answers
205 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 ...
0
votes
1answer
64 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
votes
3answers
284 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 ? (...
1
vote
2answers
187 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 ...
0
votes
1answer
63 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 ...
6
votes
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 ...
1
vote
1answer
134 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 ...
2
votes
4answers
5k 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 ...
-1
votes
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 (...
2
votes
2answers
57 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 ...
2
votes
1answer
94 views

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

Can a minor serve as a registered agent for a company in Massachusetts?
0
votes
1answer
35 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.
0
votes
1answer
133 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.
18
votes
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?
0
votes
1answer
694 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?
1
vote
2answers
106 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.
0
votes
1answer
73 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
votes
1answer
78 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 ...
3
votes
1answer
209 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 ...
0
votes
1answer
107 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 ...
1
vote
2answers
506 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 ...
3
votes
1answer
206 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
votes
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 ...
1
vote
0answers
53 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-...
0
votes
2answers
83 views

Circumstances where Eminent Domain cannot condemn intellectual property?

Would it be possible to effectively prevent Eminent Domain from being used on intellectual property?
1
vote
1answer
282 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
votes
2answers
654 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 ...
5
votes
2answers
847 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 ...
1
vote
1answer
77 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 ...
6
votes
5answers
892 views

Who gets the traffic ticket in a self-driving car?

I read in this Bloomberg article Ten days later, a Mountain View motorcycle cop noticed traffic stacking up behind a Google car going 24 miles an hour in a busy 35 mph zone. He zoomed over and ...
3
votes
2answers
226 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 ...
1
vote
1answer
114 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 ...
2
votes
1answer
179 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 ...
1
vote
2answers
272 views

What gives the right to public schools to confiscate your phone?

I've seen a few questions like this one on this site, however, I have not been able to find a credible source dictating what gives schools the power to confiscate a device? Let me give an example: ...
2
votes
2answers
139 views
3
votes
3answers
323 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 ...
1
vote
1answer
115 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 ...
3
votes
1answer
141 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 ...
1
vote
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 ...
0
votes
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 ...
6
votes
1answer
5k views

Can doctor's offices withhold test results for some length of time?

Massachusetts/USA here. I had a EMG a few days ago and scheduled a followup with my doctor for later in the month (about 3 weeks from now). I am very anxious to hear the results. I just called and ...
2
votes
1answer
132 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), ...
1
vote
1answer
281 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
votes
1answer
4k 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 ...
0
votes
1answer
147 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, ...
1
vote
1answer
74 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 ...
5
votes
1answer
556 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
votes
3answers
5k 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
votes
0answers
152 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
votes
1answer
36 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 ...