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For over a century, judges in Massachusetts have been strongly encouraged to use the “Webster” instruction on reasonable doubt, written by Chief Justice Lemuel Shaw in Commonwealth v. Webster, 5 Cush. 295 (1850), when explaining the legal concept to jurors in criminal cases. In fact, “the Webster charge …Continue Reading New Mandatory Jury Instruction on Reasonable Doubt
Massachusetts malpractice laws were changed in 2012 with the addition of MGL c. 231 s.60L, which establishes a process and time frame for patients and doctors to discuss alleged mistakes by health care providers, and perhaps settle claims without going to court. Under this law, a health care provider …Continue Reading Medical Malpractice Law
In a recent Appeals Court unreported decision, Joseph v. Nathanson, the appeals court has given us a broader definition of “destroyed” or cutting down. The statute is Mass. General Law chapter 242 sec. 7, which reads : “A person who without license willfully cuts down, …Continue Reading Tree cutting statute further defined
Recent advances in the study of human memory have changed the way we understand memory. As science has progressed, the courts have tried to adjust the law to incorporate the principles that are “generally accepted”. In 2013, the SJC study group released a report on …Continue Reading Memory and Eyewitness Identification
Chapter 156E of the Massachusetts General Laws became effective on December 1, 2012. It provides for “benefit corporations,” a unique business or professional corporation whose purpose is not only to serve the interests of the shareholders, but also to “create a material, positive impact on …Continue Reading Massachusetts Benefit Corporations: Doing Well by Doing Good
On January 7, 2015, former Governor Deval Patrick signed into law Senate Bill 2121 as chapter 487 of the Acts of 2014. Under the new law, which became effective on January 7, town moderators are given greater power to postpone town meeting in the interest of safety. If a …Continue Reading Postponement of Town Meeting Due to Weather or Other Emergency
When bringing or defending a cause of action, one important question is Is this claim time-barred? The Trial Court Law Libraries have materials to help you with this question. Here are a few good places to start your research: Massachusetts Practice Series Civil Practice volume …Continue Reading Statutes of Limitations-Is this case time-barred?
Yesterday, in Commonwealth v. Gomes, the Supreme Judicial Court issued “a new provisional jury instruction regarding eyewitness identification.” The court explained, “We have made the jury instruction provisional to allow for public comment and possible future revision before we declare it a model, but it should …Continue Reading Eyewitness Identification
Many people have questions about Medicare, the different programs, the home health benefit, and what exactly is Part D prescription drug benefits. There is a lot of online material that will help with these questions. The federal government’s website is a great starting point. From …Continue Reading Questions about Medicare
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