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
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?
8
votes
1answer
102 views

Is the description of number of rooms prescriptive or descriptive in Massachusetts condo docs?

We live in a three-unit condo, with three trustees (one per unit) who act by majority vote. We're interested in adding a second bathroom to ours — by converting an existing small room rather than ...
7
votes
1answer
2k views

Do Sunday working hours count towards overtime?

Apologies if this should be in Workforce Exchange... I live and work in Massachusetts, US as a full-time, paid hourly, retail worker. I work Wednesday though Sunday. In Massachusetts, I am entitled ...
6
votes
5answers
894 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 ...
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 ...
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 ...
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
1answer
3k views

Is it legal to let sister-in-law drive my vehicle in another state and have her on my insurance?

This is about my wife's sister who is a single parent mom and lives in a different state. Not sure if it matters but I live in Massachusetts and she lives in Georgia. Because of her life situation ...
5
votes
1answer
587 views

What law determines when you have been ordered to pull over for a traffic stop?

What laws in the U.S. (specifically, Massachusetts) govern when you need to pull over for a traffic stop? I understand that if a police vehicle comes up behind you with lights flashing it's clear ...
5
votes
1answer
290 views

Must a health insurance in the United States provide a listing of procedure and diagnosis codes that are covered upon request?

I wonder whether a health insurance in the United States must provide a listing of procedure and diagnosis codes that are covered, if requested by a policyholder? In my opinion, the listing of ...
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 ...
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 ...
5
votes
1answer
134 views

Can I require all communications with police to be written?

Suppose I was being spoken to by an officer during a traffic stop. Can I choose to respond to him only in writing? (To be clear, I am able to speak.) My question is: If you are able to respond ...
5
votes
1answer
705 views

Are there any laws the require subscription services to be prorated?

I'm reading the terms of use for Gogo Inflight, and in the part about refunds it says they aren't going to prorate your service if you cancel, then it says, "subject to applicable laws." Are there ...
4
votes
1answer
3k 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 ...
4
votes
3answers
516 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 ...
4
votes
1answer
573 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 ...
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.) ...
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 ...
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
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 ...
3
votes
5answers
1k 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. ...
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 ...
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 ...
3
votes
1answer
811 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 ...
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 ...
3
votes
2answers
516 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
3
votes
1answer
210 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 ...
3
votes
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 ...
3
votes
1answer
182 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) ...
3
votes
1answer
197 views

Can a physician refuse to see patients that are not referred by their primary care physician?

In Massachusetts, USA, can a physician refuse to see patients that are not referred by their primary care physician? (Even patients whose health insurance does not require a referral for the ...
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 ? (...
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
181 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 ...
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 ...
2
votes
3answers
244 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 ...
2
votes
1answer
96 views

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

Can a minor serve as a registered agent for a company in Massachusetts?
2
votes
1answer
1k 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 ...
2
votes
2answers
121 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 ...
2
votes
2answers
139 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?
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 ...
2
votes
3answers
777 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/...
2
votes
1answer
65 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 ...
2
votes
2answers
928 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, ...
2
votes
1answer
133 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), ...
2
votes
1answer
570 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, ...
2
votes
1answer
58 views

How many days in advance should a subtenant notify the sublessor that he will leave earlier than expected?

Alice is subletting an apartment to Bob. The contract stipulates that Bob is subletting the apartment till August 15. Can Bob leave earlier, i.e. decide to end the sublet earlier than what the ...
2
votes
1answer
134 views

Temporarily Relocating Car from California to Massachusetts

I am being temporarily (6 months) relocated to Boston, MA and will be taking my car from California to Massachusetts. My car (and myself) will remain registered at my home address in California. My ...
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. ...
2
votes
2answers
129 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 ...