8

Is there a way for us to prevent the sale of the house until they have moved the fence? For example, it seems that filing suit against the current owners doesn't necessarily prevent the sale, and that the suit would be pointless after the sale is complete. You can't prevent the sale, but if you file suit to adjudicate the boundary dispute and file ...


8

We don't want this issue to adversely affect our credit and got legal consulting which suggested we should pay the debt collector to protect our credit score, and then sue the landlord for the money back in small claims court. I'm a little worried about this strategy since it requires to hand away the money first, and am trying to get second ...


7

> What does that last sentence mean? It means that federal law does not provide premium pay on Sundays and Holidays the way MA does. > Should I be getting paid more than I am? No. Check out G.L. c. 151, § 1A: the hours so worked on Sunday or certain holidays shall be excluded from the calculation of overtime pay In other words, take your eight ...


6

The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the policy's terms. In fact, even changing the "garage" location within a state can affect your premium. You should call your insurer and provide them an honest ...


6

According to an HHS guide entitled "Individuals’ Right under HIPAA to Access their Health Information", HIPAA does entitle you to access your medical records; however, the medical provider has 30 days to respond to your request. See the section on "Timeliness". So if the doctor wants to withhold the information until your appointment in 3 weeks, it looks to ...


6

It is constitutional to imprison a person for committing a crime, though I suspect that a life sentence for brawling would be held to be cruel and unusual punishment. It's rather hard to tell what punishments will be held to be cruel and unusual, but 2.5 years for involuntary manslaughter is not unusual. The crime of involuntary manslaughter in ...


6

What do you mean by "a public building"? Just because a place is owned by the public, doesn't mean anyone can go there any time they wish. Military bases, firehouses, and jails are owned by the public, but many of these have limited access to the public. It may be open to the general public, but that does not mean restrictions cannot be put into place, ...


5

What law in the U.S. governs when you need to pull over for a traffic stop? Specifically, Massachusetts? Refusal to submit to a police officer, Mass. Gen. Laws Ann. ch. 90, § 25 (2016) governs. The relevant part reads: Any person who, while operating or in charge of a motor vehicle . . . who shall refuse or neglect to stop when signalled to stop ...


5

The NSW Road Transport Act 2013 defines: "Driver" means any person driving a vehicle, and includes any person riding a vehicle. "Drive" includes: (a) be in control of the steering, movement or propulsion of a vehicle, and (b) in relation to a trailer, draw or tow the trailer, and (c) ride a vehicle. As written, the ticket would be ...


5

Generally, you would have to bring an eviction action just as you would for an ordinary landlord-tenant relationship. This means given written notice served as required by MA law of a deadline to leave, and then if the child did not leave, filing an eviction lawsuit and serving the papers on the child, and then attending an eviction hearing, and then, if ...


5

is it plausibly the case that ownership of an original photograph would be awarded to the subject (or the subject's heirs) because the subject did not consent to the making of the photograph? No The photograph belongs to the person who owned the photographic plate. Copyright in the image belonged (it has long ago entered the public domain) to the ...


5

The key here is the provision "through no fault of his own". A landlord who relies on this provision would need to be able to demonstrate what the cause of the delay was, and that s/he had not been reasonably able to avoid it. Nor could a landlord simply fail to take steps to repair the problem, whatever it might be. If the problem will clearly take more ...


4

The health insurance contract should set forth what is and is not covered in detail (in addition, there would be a short summary version). They probably don't have to provide procedure codes that are covered or not covered because no such one to one correspondence exists because the language of the insurance contract is controlling and does not exactly ...


4

Your attorney can help you answer those questions, if necessary. Generally, you cannot know for certain. Mass. criminal procedure rule 6 covers arrest warrants – the Superior court can issue an arrest warrant. That warrant must be "signed" by the issuing official, will have the name or other reasonable means of identifying the subject, and the offense ...


4

If it's not in the lease agreement, then you did not agree to it. Even in the absence of the law prohibiting the late fee, the landlord would not be able to impose it because it is not in the lease. It is of course up to you whether you want to test it. It may be more trouble than it is worth. Then again, it's probably not worth the landlord's trouble to ...


3

They're not actually billing people different amounts because they have insurance or not. Doctors can pretty much bill a patient whatever they want for their service, similar to how a grocery store can charge whatever they want for their fresh deli cheese. Generally, they charge every single person the same amount. It just gets discounted depending on the ...


3

The phrase "of chaste life" appears in a bill passed on June 25, 1886: Whoever induces any person under the age of eighteen years of chaste life and conversation to have unlawful sexual intercourse shall be punished by imprisonment in the state prison, common jail, or house of correction not exceeding three years or by fine not exceeding one thousand ...


3

As far as I can find, neither CA or MA have enacted laws regarding this yet. Florida, (and probably others) have, however. From Florida: Defines “autonomous vehicle” and “autonomous technology.” Declares legislative intent to encourage the safe development, testing and operation of motor vehicles with autonomous technology on public roads of the state ...


3

I don't believe the law has yet contemplated self-driving vehicles. Nor am I aware of any leading legal precedence. This is pioneering technology right now. My sense of how this will work out is that the registered owner of the vehicle will receive whatever penalties are attached with moving infractions of automated driverless vehicles.


3

In the U.S. there is no law that requires you to ever say a word to a law enforcement officer, and lawyers generally encourage you to minimize what you communicate to them anyway. I can't think of any situation where a request for information could not be demanded in writing. As a practical matter, in some situations you will probably be subject to some ...


3

Massachusetts is a 'two-party' state. So you'd have to have consent from them to record. You could probably travel to a 'one-party' state such as one of the states listed here and call them while recording. In a one-party state, only one of the parties to the conversation needs to know about the recording. In those states you don't even need to inform them. ...


3

Short Answer The Superior Court is the court of general jurisdiction and the primary equity court will full authority over cases seeking injunctive relief. So, if the case does not fall into a category such as family court, probate court, or land court, the Superior Court is probably the correct court. The District Court has limited equity jurisdiction, ...


3

See Chapter 90 Section 11: Every person operating a motor vehicle shall have the certificate of registration for the vehicle and for the trailer, if any, and his license to operate, upon his person or in the vehicle, in some easily accessible place [...] According to the state's "Schedule of Assessments for Civil Motor Vehicle Infractions", violation of ...


3

You can absolutely sue the entity that operates EZpass because it is a private company and you have a monetary dispute with it (unless the agreement you entered into with EZpass to allow it to charge your credit card contains an arbitration clause). But, this would make no sense. Everybody agrees that you owe EZpass money for tolls that you admit that you ...


3

Here's what would likely happen in general: the plaintiff would seek a prejudgment attachment before they even get to trial (here's an example of Civil Procedure Rules outlining prejudgment attachment). Note: there must be a state statute existent in your jurisdiction to even seek this remedy. Generally, prejudgment attachments start in the form of a writ ...


3

Short Answer Something must be filed within 90 days of the last work done on the property (in your state, there is minor variation in state law from state to state on the exact deadlines, but these are typical for the U.S.). If no work is done on the property after closing and nothing is recorded by a lien claimant by then, you are in the clear after three ...


3

I would say no, it's not the same. There's a reasonable expectation of privacy that you have in an office that isn't present when you're standing on a roadside or in a city park. In Glik v. Cunniffe, the First Circuit said "The filming of government officials engaged in their duties in a public place, including police officers performing their ...


3

As in some other jurisdictions, what most people think of as "false imprisonment" is categorized as kidnapping in Massachusetts, codified at Chapter 265, Section 26: Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this ...


3

As far as I can tell, there is no exception under the MA wiretapping law to allow for businesses to record phone calls without both parties' consent. The one possible exception is for financial institutions, and even then, notice has to be provided regularly. B. Definitions. As used in this section: ... The term ''interception'' means to secretly ...


3

The statute provides that "No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due." Mass. Gen. Law ch. 186 § 15B(1)(a)(iii). It would seem that if the rent is fully paid before the thirty days are up, there is no longer a "failure to pay rent" and so no late fee to ...


Only top voted, non community-wiki answers of a minimum length are eligible