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Law Of Massachusetts
The law of Massachusetts consists of several levels, including constitutional, statutory, regulatory, case law, and local ordinances. The '' General Laws of Massachusetts'' form the general statutory law. Sources The Constitution of Massachusetts is the foremost source of state law. Legislation is enacted by the General Court, published in the '' Acts and Resolves of Massachusetts'', and codified in the '' General Laws of Massachusetts''. State agency regulations (sometimes called administrative law) are published in the '' Massachusetts Register'' and codified in the '' Code of Massachusetts Regulations''. The legal system is based on common law, which is interpreted by case law through the decisions of the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the Appellate Divisions of the Massachusetts District Court and the Boston Municipal Court departments, which are published in the ''Massachusetts Reports'', ''Massachusetts Appeals Court Reports'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Superior Court
The Massachusetts Superior Court (also known as the Superior Court Department of the Trial Court) is a trial court department in Massachusetts. The Superior Court has original jurisdiction in civil actions over $50,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought, and has exclusive authority to convene medical malpractice tribunals. The Business Litigation Sessions (BLS) of the Superior Court is a specialized Business Court docket located in Suffolk County (Boston). The BLS has jurisdiction over complex business and commercial disputes. The original Business Litigation Session solely heard cases arising in Suffolk County, beginning in 2000, but over time the BLS became a regional program and finally a statewide business court. The Court has exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes. It has jurisdiction o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northeastern University School Of Law
Northeastern University School of Law (NUSL) is the law school of Northeastern University in Boston, Massachusetts. Founded as an evening program to meet the needs of its local community, NUSL is nationally recognized for its cooperative legal education and public interest law programs. History Northeastern University School of Law was founded by the Boston Young Men's Christian Association (YMCA) in 1898 as the first evening law program in the city. At the time, only two law schools were in the Boston area and the time-honored practice of reading law in the office of an established lawyer was losing its effectiveness. An advisory committee, consisting of James Barr Ames, dean of the Harvard Law School; Samuel Bennett, dean of the Boston University School of Law; and Massachusetts Judge James R. Dunbar, was formed to assist with the formation of the evening law program. The program was incorporated as an LL.B.-granting law school, the Evening School of Law of Boston YMCA, in 1904 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boston Municipal Court
The Boston Municipal Court (BMC), officially the Boston Municipal Court Department of the Trial Court, is a department of the Trial Court of the Commonwealth of Massachusetts, United States. The court hears criminal, civil, mental health, restraining orders, and other types of cases. The court also has an appellate division (composed of justices that sit in rotating panels of three) which reviews questions of law that arise from civil matters filed in the eight divisions of the department. History Boston Police Court and Justices' Court for the County of Suffolk The court's history dates to 1822, the year in which Boston was chartered as a city. Two courts were established, both served by the same judges: the ''Boston Police Court'', to hear criminal matters, and the ''Justices' Court for the County of Suffolk'', to address civil claims. The two courts remained distinct until 1860 when the Justices' Court was abolished, and its civil jurisdiction transferred to the Police Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Appeals Court
The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction. The court is located at the John Adams Courthouse at Pemberton Square in Boston, the same building which houses the Supreme Judicial Court and the Social Law Library. Jurisdiction The Appeals Court hears most appeals from the seven court departments of the Massachusetts Trial Court, including the Superior, District, Probate and Family, Juvenile, Land, Housing, and Boston Municipal Court departments. The Appeals Court also hears appeals from final decisions of certain Massachusetts administrative agencies, including the Department of Industrial Accidents, the Appellate Tax Board, and the Commonwealth Employment Relations Board. Some types of appeals are not heard before the Appeals Court. For example, an appeal from a conviction of first degree murder goes directly to the Supreme Judicial Court. The Supreme Judicial Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reception Statute
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In ''Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: Plantations or colonies, in distant countries, are eith ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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