Case law

Duff-Kareores v. Kareores

474 Mass. 528 · Massachusetts Supreme Judicial Court · Jun 15, 2016

Soon after the birth of their first child, at around the time that Christopher completed his medical training and began  4 employment as a fully qualified … The thrust of Christopher's argument is that the judge's erroneous calculation of the length of the parties' marriage, based on their economic marital relationship, "clearly controlled" all of the judge's findings.

Saltonstall v. Sanders

93 Mass. 446 · Massachusetts Supreme Judicial Court · Nov 15, 1865

The law upon this matter appears very clearly in the judgments of Lord Hardwicke, which are of the highest authority, both from his unsurpassed mastery of the principles of equity jurisprudence, and as having been delivered … laws of the land would admit of, or to any person or persons,” and in such shares and manner as the trustees should think fit or as the laws admitted of, is to the same effect; and manifests no intention to overrule or qualify

In re Keenan

313 Mass. 186 · Massachusetts Supreme Judicial Court · Feb 13, 1943

No decided case has established the “appropriate proceedings” for such review. … These propositions are firmly established with respect to proceedings for disbarment.

Eustace v. Dickey

240 Mass. 55 · Massachusetts Supreme Judicial Court · Nov 22, 1921

They were too numerous to qualify as trustees. … The finding of the master is that “I am unable to hold either that the final authority claimed by the Directors is so clearly established by the deed itself and the provisions of the Manual that no reasonable denial of it

Mayor of Cambridge v. Secretary of the Commonwealth

436 Mass. 476 · Massachusetts Supreme Judicial Court · Apr 8, 2002

This figure, divided by 160 (the number of representative districts established by art. 101), yields an ideal district population figure of 39,682. … As long as the Legislature’s actions are reasonably justified by an attempt to conform with the criteria laid out by Federal and State law, and do not clearly violate these laws, we shall not usurp the Legislature’s role

Peterborough Oil Co., LLC v. Department of Environmental Protection

474 Mass. 443 · Massachusetts Supreme Judicial Court · Jun 6, 2016

In particular, under such an expanded definition, any hazardous material mixed with oil would appear to qualify for less stringent treatment under the oil exemption. … In response, DEP clearly explained that the exclusion was not intended to include "all gasoline," stating the "proposal was not extended to additives."

Commonwealth v. Polk

462 Mass. 23 · Massachusetts Supreme Judicial Court · Apr 13, 2012

Brown’s opinion “falls clearly on that side of the line of forbidden testimony” by intruding on the jury’s function of determining the credibility of witnesses. … evidence has met the five foundational requirements for admissibility: (1) that the expert testimony will assist the trier of fact because the information is beyond the common knowledge of jurors; (2) that the witness is qualified

Commonwealth v. Seay

376 Mass. 735 · Massachusetts Supreme Judicial Court · Dec 4, 1978

A qualified individual may obtain a "firearm identification card” under G. L. c. 140, § 129B, that allows him to possess a firearm legally. G. L. c. 140, § 129C. G. L. c. 269, § 10 (h). … The interest of an apartment dweller in defending himself — the only apparent reason for allowing him to carry a firearm in his own dwelling *743 in the first place — is clearly attenuated when he passes his doorway to enter

Commonwealth v. Lopes

459 Mass. 165 · Massachusetts Supreme Judicial Court · Mar 29, 2011

sum, a police officer’s provision of a general notification of a defendant’s § 5A right that, although time sensitive, requires no immediate invocation, cannot properly be construed as a compulsion and, as such, fails to qualify … The prosecution must also establish, as a predicate to admissibility, conformity with regulations governing annual certification and periodic testing of the breathalyzer machine. 8 G. L. c. 90, § 24K. Commonwealth v.

Commonwealth v. Sineiro

432 Mass. 735 · Massachusetts Supreme Judicial Court · Dec 1, 2000

We set forth three general requirements for the use of such grand jury testimony: (1) there must exist an opportunity for effective cross-examination of the witness at trial; (2) the witness’s statement must clearly be that … The additional evidence, however, need not be sufficient in itself to establish a factual basis for each element of the crime. Id. at 345 n.3.

Bonin v. Chestnut Hill Towers Realty Corp.

392 Mass. 58 · Massachusetts Supreme Judicial Court · May 23, 1984

The record thus clearly supports a finding that in April, 1977, Carabetta was prepared to consider syndication offers from Star clients. … The court’s decision “trenches on our long-established, consistently applied, and zealously guarded line of demarcation between the respective roles, functions, and responsibilities of the judge and of the jury.”

Westland Housing Corp. v. Commissioner of Insurance

352 Mass. 374 · Massachusetts Supreme Judicial Court · Apr 13, 1967

He then ruled “that (a) the provision in Section III, Rule 9 of the experience rating plan established by the . . . [bureau], . . . … As employers, the plaintiffs are required either to take out workmen’s compensation insurance or to qualify as self-insurers. G. L. c. 152, § 25A.

Commonwealth v. Angelo Todesca Corp.

446 Mass. 128 · Massachusetts Supreme Judicial Court · Mar 1, 2006

Clearly, a corporation cannot be criminally liable for acts of employee negligence that are not criminal; however, G. … Bearing in mind that “juries are uniquely qualified to apply *138 the reasonable person standard,” O’Connor v. SmithKline Bio-Science Labs., Inc., 36 Mass. App.

City of Boston v. Richardson

105 Mass. 351 · Massachusetts Supreme Judicial Court · Oct 15, 1870

Tc> imply from it a grant to every town previously established of all the flats within its bounds would be to deprive the ordinance of 1647 of all effect wherever it was most needed. … The second point is stated too generally, and has since been qualified-; but on the first point the decision has never been doubted. 2 Dane Ab. 700. Commonwealth v. Charlestown, 1 Pick. 180 . Commonwealth v.

In the Matter of Hrones

457 Mass. 844 · Massachusetts Supreme Judicial Court · Sep 10, 2010

Loeb, 315 Mass. 176, 180 (1943), we have stated that the practice of law includes: “directing and managing the enforcement of legal claims *850 and the establishment of the legal rights of others, where it is necessary to … Here, the respondent’s conduct in knowingly facilitating Porter’s unsupervised discrimination practice clearly falls within the ambit of assistance in the unauthorized practice of law, and this holding upholds the purpose

Henshaw v. Bank of Bellows Falls

76 Mass. 568 · Massachusetts Supreme Judicial Court · Mar 15, 1858

This last mentioned instrument conveys to the persons therein named as trustees “ all the lands, buildings, tenements, hereditaments, franchise, road, rights, easements, immunities and privileges whatsoever, and the property … Subsequently acquired personal property, such as locomotive engines and cars, is there very clearly and distinctly referred to.

Spence v. Reeder

382 Mass. 398 · Massachusetts Supreme Judicial Court · Feb 2, 1981

We do not accept the BHA’s argument that the receivership itself immunizes the court and the receiver from compliance with statutes and regulations that bear on the operations of the BHA. … L. c. 121B, § 32), and clearly the procedures of the eviction proceeding itself, at least as applied, conformed to the requirements of procedural due process.

Opinion of the Justices to the Senate & the House of Representatives

341 Mass. 760 · Massachusetts Supreme Judicial Court · Aug 9, 1960

To the first question, if qualified as containing a proviso that each project is properly found (in accordance with c. 121A as amended by the bill) to be for a public purpose, we answer, “Yes.” … To question 3, qualified by the same proviso as we suggested to question 1, the answer is “Yes.” The answer to question 4, which is also comprised in our answer to question 1, is “Yes.”

School Committee v. Board of Education

448 Mass. 565 · Massachusetts Supreme Judicial Court · Mar 22, 2007

The statutory and regulatory scheme clearly discloses that, in the case of Commonwealth charter schools, the Legislature intended that school committees have a very limited role in the charter school process. … curriculum in comparison with the level of the curriculum in the district schools; (3) Whether the needs of special education students and English Language Learners will be adequately addressed; (4) AMSA’s plans to hire qualified

Commonwealth v. Kateley

461 Mass. 575 · Massachusetts Supreme Judicial Court · Feb 24, 2012

We suggest that the forms and letter from the board be revised to reflect clearly and accurately how an offender should fulfil that duty. … Pagan concerned CPSL for certain qualifying repeat sex offenders. Pagan, supra at 165-167 . See G. L. c. 265, § 45; G.