Termination of Parental Rights
- The most important criteria is the best interest of the child.
- If the court determines that the current parents are unfit, they can terminate parental rights and the child becomes a ward of the State.
- Is this best for the child?
Preliminary Injunction
- Proactive step by the court before a trial takes place
- Can compel a party to act, or to cease any action
- Done to prevent irreparable harm
Civil Harassment Order
- Controlled by Chapter 258E
- Can occur after 3 or more instances of harassment
Abuse Prevention Orders
- Controlled by Chapter 209A
- Can issue a no contact, no abuse order based on the fear of imminent physical harm
- Can be forced to surrender firearms
- Applies in domestic relationships or a substantive dating relationship
Sex Offender Registry Board
- Comes into play when a person convicted of a sexual offense is released from prison
- Can be classified as Level 1, 2, or 3. 3 is the worst
- Controlled by Chapter 6
- Must self-report and register
- Must notify the board if they move or get a new job
Sexually Dangerous Person
- Controlled by Chapter 123A
- Any person who has been convicted of or adjudicated as a delinquent juvenile or youthful offender by reason of a sexual offense and who suffers from a mental abnormality or personality disorder which makes the person likely
Negligence
- A breach of duty care which results in another suffering harm.
- Needs to be proven by a preponderance of the evidence, meaning more likely than not, or 51% likely.
Duty of Care
- Failure to behave in a way that a reasonably prudent person would in the same situation
Damages
- Loss of enjoyment
- Lost wages
- Loss of earning capacity
- Hospital Bills
- Pain and suffering
- Loss of consortium
- Loss of bodily function
Vicarious Liability
- Legal responsibility placed on one person for the acts of another. Master-servant relationship
Torts
- Goal is to make the injured party whole again
Civil Temporary Restraining Order
- Pretrial temporary injunction
- Must show the immediate danger of suffering irreparable injury if the order isn't provided
Contracts
- A legally binding agreement between two or more parties
- 3 prongs; offer, acceptance, consideration
- The offer of terms of exchange; Acceptance of terms in exchange for something of value; Consideration of the thing of value that is being gained throu
Governmental Immunity
- A rule that traditionally protects the government from liability for its actions or those of its employees, even when those actions caused personal injuries
Unfair or Deceptive Trade Practices
- Controlled by MGL Chapter 93A
- If found in violation, damages can double or triple, in addition to attorney fees
Medical Malpractice
- Must first appear before a medical tribunal, which is composed of a judge, an attorney, and a medical provider
- Reviews the preliminary evidence in every medical malpractice case to determine if there is enough evidence to take the claim to trial
Discrimination
- Controlled by MGL Chapter 151B
- We looked at sexual discrimination in the workplace
- All employers must promote a workplace free of sexual harassment
Summary Judgement
- A preliminary motion that, even if all of the opposing party's claims are true, there is insufficient evidence/facts to rule in favor of the opposing party.
- There is insufficient evidence to move forward to a full trial.
MGL Chapter 151B
Discrimination
MGL Chapter 93A
Unfair or Deceptive Trade Practices
MGL Chapter 123A
Sexually Dangerous Person
MGL Chapter 6
Sex Offender Registry Board
MGL Chapter 209A
Abuse Prevention Order
MGL Chapter 258E
Civil Harassment Order