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Massachusetts General Laws

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Massachusetts General Laws
NameMassachusetts General Laws
LegislatureMassachusetts General Court
CitationM.G.L.
Enacted byGovernor of Massachusetts
Date enactedOriginal codification: 1920; Continuously amended
Related legislationMassachusetts Constitution, Code of Massachusetts Regulations

Massachusetts General Laws. The Massachusetts General Laws (M.G.L.) constitute the comprehensive statutory law of the Commonwealth of Massachusetts. Codified and enacted by the Massachusetts General Court, this body of law governs a vast array of civil, criminal, and regulatory matters within the state. It operates in conjunction with the Massachusetts Constitution and the Code of Massachusetts Regulations to form the foundation of the state's legal system.

History and Development

The formal codification of state statutes began in the late 19th century, culminating in the publication of the General Laws in 1920, which replaced the earlier Public Statutes of the Commonwealth of Massachusetts. This effort was influenced by national movements for legal uniformity and the work of commissions like the Commissioners on Uniform State Laws. Key revisions were undertaken throughout the 20th century, including a major recodification project in the 1970s spearheaded by the Massachusetts Law Revision Commission. Historical legal sources such as the Massachusetts Body of Liberties and the Province Laws of the Massachusetts Bay Colony provide important context for the development of the state's statutory tradition.

Structure and Organization

The laws are systematically arranged into five major parts: I, Courts, Judicial Officers and Proceedings in Civil Cases; II, Real and Personal Property and Domestic Relations; III, Laws Relating to the State Treasurer; IV, Crimes, Punishments and Proceedings in Criminal Cases; and V, The General Laws and Express Repeal of Certain Acts and Resolves. These parts are subdivided into numbered Titles, Chapters, and Sections, creating a hierarchical reference system. The official compilation is maintained by the Massachusetts Secretary of the Commonwealth and is published in both print and electronic formats, with annotations provided by entities like Westlaw and LexisNexis.

Major Subject Areas

The statutes encompass a wide range of legal disciplines. Key areas include criminal law under Chapter 265 (Crimes Against the Person) and Chapter 266 (Crimes Against Property), and civil procedure governed by the Massachusetts Rules of Civil Procedure. It contains extensive regulations for business entities under Chapter 156D (The Massachusetts Business Corporation Act) and Chapter 93A (Consumer Protection). Other significant subjects are education law, environmental protection statutes, family law including provisions for divorce and child custody, and the comprehensive Zoning Act which empowers municipal governments like the Boston City Council.

Legislative Process and Amendments

New statutes and amendments originate as bills filed in either the Massachusetts House of Representatives or the Massachusetts Senate. Following committee review, debate, and passage by both chambers, a bill is presented to the Governor of Massachusetts for signature or veto. Enacted laws are then incorporated into the appropriate Chapter and Section. The Joint Committee on the Judiciary often plays a central role in reviewing proposed legal changes. Annual publication of Acts and Resolves of Massachusetts documents all new legislation, and the Massachusetts Legislative Information Services provides public access to the evolving text.

The Massachusetts General Laws exist within a layered legal framework. They are subordinate to the United States Constitution and the Massachusetts Constitution, with the Massachusetts Supreme Judicial Court serving as the ultimate state arbiter of constitutional questions. The statutes are complemented and implemented by the Code of Massachusetts Regulations (C.M.R.), which contains detailed administrative rules promulgated by state agencies like the Massachusetts Department of Environmental Protection. Municipal ordinances from cities such as Springfield and Worcester must not conflict with these state-level authorities.

Notable Provisions and Case Law

Several statutes have generated significant jurisprudence and public policy. Chapter 93A has been the basis for countless consumer protection lawsuits, with landmark interpretations by the Massachusetts Appeals Court. The Massachusetts Civil Rights Act, found within Chapter 12, provides powerful remedies for interference with constitutional rights. The Massachusetts Wiretapping Act under Chapter 272 has been cited in cases involving modern surveillance. Historic cases like Commonwealth v. Webster and Goodridge v. Department of Public Health, which relied on statutory and constitutional interpretation, have profoundly shaped the application of the law across the nation.

Category:Massachusetts law Category:State law in the United States