Massachusetts District Court Department
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Massachusetts District Court Department
The Massachusetts District Court (also known as the District Court Department of the Trial Court) is a trial court in Massachusetts that hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws. In felonies not within District Court final jurisdiction, the District Court conducts probable cause hearings to determine if a defendant should be bound over to the Superior Court. District Court magistrates conduct hearings to issue criminal complaints and arrest warrants, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative search warrants. In civil matters, District Court judges conduct ...
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2008 Government Center Boston 3104798847
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed division algebra. * the first number ...
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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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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'', and ' ...
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Government Of Massachusetts
The Commonwealth of Massachusetts is governed by a set of political tenets laid down in its state constitution. Legislative power is held by the bicameral General Court, which is composed of the Senate and House of Representatives. The governor exercises executive power with other independently elected officers: the Attorney General, Secretary of the Commonwealth, and Auditor. The state's judicial power rests in the Supreme Judicial Court, which manages its court system. Cities and towns act through local governmental bodies to the extent that they are authorized by the Commonwealth on local issues, including limited home-rule authority. Although most county governments were abolished during the 1990s and 2000s, a handful remain. Massachusetts' capital city is Boston. The seat of power is in Beacon Hill, home of the legislative and executive branches. The Supreme Judicial Court is in nearby Pemberton Hill. Federal government Congressional delegation For Congressiona ...
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Judiciary Of Massachusetts
The judiciary of Massachusetts is the branch of the government of Massachusetts that interprets and applies the law of Massachusetts, ensures equal justice under law, and provides a mechanism for dispute resolution. The judicial power in Massachusetts is reposed in the Supreme Judicial Court, which superintends the entire system of courts. Courts The Massachusetts court system consists of the Supreme Judicial Court, the Appeals Court, and the seven Trial Court departments. Supreme Judicial Court The Massachusetts Supreme Judicial Court is the court of last resort. An appeal from a conviction of first degree murder goes directly to the Supreme Judicial Court. The Supreme Judicial Court can also elect to bypass review by the Appeals Court and hear a case on "direct appellate review." Appeals Court The Massachusetts Appeals Court is the intermediate appellate court. The court hears most appeals from the departments of the Trial Courts of Massachusetts and administrative tribun ...
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Courts Of Massachusetts
Courts of Massachusetts include: ;State courts of Massachusetts :Judicial courts * Massachusetts Supreme Judicial Court ** Massachusetts Appeals Court *** Massachusetts Trial Court **** Massachusetts Superior Court (14 divisions) **** Massachusetts District Court **** Massachusetts Boston Municipal Court **** Massachusetts Land Court **** Massachusetts Housing Court **** Massachusetts Juvenile Court **** Massachusetts Probate and Family Court :Administrative courts * Massachusetts Appellate Tax Board * Massachusetts Division of Labor Relations Federal courts located in Massachusetts * United States Court of Appeals for the First Circuit (headquartered in Boston, having jurisdiction over the United States District Courts of Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico) * United States District Court for the District of Massachusetts See also * Judiciary of Massachusetts The judiciary of Massachusetts is the branch of the government of Massachusetts th ...
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Unemployment Benefits
Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployment, unemployed people. In the United States, benefits are funded by a compulsory governmental insurance system, not taxes on individual citizens. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs, or may compensate the lost time proportionally to the previous earned salary. Unemployment benefits are generally given only to those registering as becoming unemployed through no fault of their own, and often on conditions ensuring that they seek work. In British English unemployment benefits are also colloquially referred to as "the dole"; receiving benefits is informally called "being on the dole". "Dole" here is an archaic expression meaning "one's allotted portion", from the synonymous Old English word ''dāl''. History The first modern u ...
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Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be ...
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Incompetent To Stand Trial
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ...
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Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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Restraining Order
A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court. Restraining order provisions All protective order statutes permit the court to instruct an alleged abuser to stay a certain distance away from someone, such as their home, workplace or school ("stay away" provisions), and not to contact the ...
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Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdict ...
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