WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Massachusetts law uses, what it actually means, and the misreading it usually collects.
50 terms
A
Abuse prevention order
An order against abuse between family or household members, which can require refraining from abuse and contact, vacating the household, and paying for losses the abuse caused.
Also called 209A order, restraining order
An order against abuse between family or household members, which can require refraining from abuse and contact, vacating the household, and paying for losses the abuse caused.
What it is not
There is no filing fee for the complaint.
B
Breach of security
What a person or agency that owns or licenses a resident's personal information gives notice of, as soon as practicable and without unreasonable delay, to the attorney general, the director of consumer affairs and business regulation, and the resident.
Also called data breach, breach notice
What a person or agency that owns or licenses a resident's personal information gives notice of, as soon as practicable and without unreasonable delay, to the attorney general, the director of consumer affairs and business regulation, and the resident.
Breach of the peace
The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
Also called self help repossession limit
The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
What it is not
The section does not define it or list the acts that cross it. What crosses that line is decided by courts, case by case.
C
Chapter 93A
The consumer protection law making unfair or deceptive acts in trade or commerce unlawful; a consumer sends a written demand at least thirty days before suing.
Also called consumer protection act, demand letter
The consumer protection law making unfair or deceptive acts in trade or commerce unlawful; a consumer sends a written demand at least thirty days before suing.
What it is not
A business that makes a reasonable written settlement offer within thirty days, which is rejected, can limit its liability to what it offered.
Chemical test refusal
Declining the breath or blood test a driver arrested for operating under the influence is deemed to consent to. Refusing suspends the license for at least 180 days, up to a lifetime loss.
Also called refusing the breath test, implied consent
Declining the breath or blood test a driver arrested for operating under the influence is deemed to consent to. Refusing suspends the license for at least 180 days, up to a lifetime loss.
What it is not
Deemed consent does not reach a blood test unless the person is brought to a licensed medical facility for treatment.
Child passenger restraint
The restraint a passenger under the age of 8 is fastened and secured by, according to the manufacturer's instructions, unless the passenger measures more than 57 inches in height.
Also called car seat, booster seat
The restraint a passenger under the age of 8 is fastened and secured by, according to the manufacturer's instructions, unless the passenger measures more than 57 inches in height.
What it is not
A violation is not a moving violation for insurance surcharge purposes, and is not evidence of contributory negligence in a civil action.
Coercive control
A pattern of threatening, isolating, controlling or monitoring behavior that causes reasonable fear of harm or a reduced sense of safety or autonomy; it is one form of abuse an abuse prevention order reaches.
Also called domestic abuse
A pattern of threatening, isolating, controlling or monitoring behavior that causes reasonable fear of harm or a reduced sense of safety or autonomy; it is one form of abuse an abuse prevention order reaches.
Criminal harassment
Willfully and maliciously engaging in a knowing pattern of conduct over time, directed at a specific person, that seriously alarms them and would cause a reasonable person substantial emotional distress.
Also called harassment
Willfully and maliciously engaging in a knowing pattern of conduct over time, directed at a specific person, that seriously alarms them and would cause a reasonable person substantial emotional distress.
What it is not
With a threat meant to put the person in imminent fear of death or bodily injury, the same pattern is stalking.
D
Deliberate misconduct
Misconduct in wilful disregard of the employer's interest, one of the two reasons a discharged person is disqualified from benefits; the other is a knowing violation of a reasonable, uniformly enforced rule.
Also called fired for cause
Misconduct in wilful disregard of the employer's interest, one of the two reasons a discharged person is disqualified from benefits; the other is a knowing violation of a reasonable, uniformly enforced rule.
What it is not
A discharge that is the result of incompetence is not disqualifying.
E
Earned sick time
At least one hour for every thirty hours worked, accrued from hire and usable from the 90th calendar day of employment; at an employer of eleven or more, up to 40 hours a year are paid.
Also called sick leave, paid sick time
At least one hour for every thirty hours worked, accrued from hire and usable from the 90th calendar day of employment; at an employer of eleven or more, up to 40 hours a year are paid.
Emergency care
Care a person attempts in good faith and without compensation, including cardiopulmonary resuscitation or defibrillation. The person is not liable for acts or omissions resulting from the attempt, other than gross negligence or willful or wanton misconduct.
Also called Good Samaritan, helping at an accident, CPR
Care a person attempts in good faith and without compensation, including cardiopulmonary resuscitation or defibrillation. The person is not liable for acts or omissions resulting from the attempt, other than gross negligence or willful or wanton misconduct.
F
Fair value
What the premises are worth in their condition. A tenant sued for possession may claim the difference between the agreed rent and the fair value as a defense or counterclaim.
Also called rent abatement, warranty of habitability
What the premises are worth in their condition. A tenant sued for possession may claim the difference between the agreed rent and the fair value as a defense or counterclaim.
What it is not
When a conditions claim meets the section's four requirements, there is no recovery of possession until the case is finally decided.
Felony
A crime punishable by death or imprisonment in the state prison; all other crimes are misdemeanors.
Also called state prison offense
A crime punishable by death or imprisonment in the state prison; all other crimes are misdemeanors.
What it is not
Whether a crime is a felony turns on whether state prison is a possible sentence, not on the sentence actually given.
H
Hands free mode
The only way a driver may use a mobile electronic device; the driver may not hold one, or read or view text, images or video on one.
Also called phone while driving
The only way a driver may use a mobile electronic device; the driver may not hold one, or read or view text, images or video on one.
What it is not
A map from a navigation app on a device mounted to the windshield, dashboard or center console is allowed.
Hazing
Any conduct or method of initiation into a student organization, on public or private property, that wilfully or recklessly endangers the physical or mental health of a student or other person.
Also called initiation, pledging
Any conduct or method of initiation into a student organization, on public or private property, that wilfully or recklessly endangers the physical or mental health of a student or other person.
What it is not
Consent is not a defense.
I
Interception
Secretly hearing or secretly recording the contents of a wire or oral communication with a device, by anyone without prior authority from all parties to it.
Also called secret recording, wiretap
Secretly hearing or secretly recording the contents of a wire or oral communication with a device, by anyone without prior authority from all parties to it.
What it is not
The definition turns on the word secretly: what it forbids is recording in secret without every party's prior authority.
Intestate estate
What passes by law when a person dies without a will. The surviving spouse takes the entire intestate estate when there is no descendant and no parent, or when every descendant is also the spouse's and the spouse has no other.
Also called dying without a will, intestacy, heirs
What passes by law when a person dies without a will. The surviving spouse takes the entire intestate estate when there is no descendant and no parent, or when every descendant is also the spouse's and the spouse has no other.
What it is not
Property that passes outside the estate, such as jointly owned property or an account with a named beneficiary, is not part of it.
Irretrievable breakdown
The no fault ground for divorce, which can begin with a joint petition, a sworn affidavit and a notarized separation agreement, or with one spouse filing alone.
Also called no fault divorce, 1A divorce, 1B divorce
The no fault ground for divorce, which can begin with a joint petition, a sworn affidavit and a notarized separation agreement, or with one spouse filing alone.
What it is not
Filing alone takes longer: the hearing comes no earlier than six months after the complaint is filed.
L
Larceny
Stealing, obtaining property by a false pretense with intent to defraud, or converting another's property with intent to steal or embezzle.
Also called theft, stealing
Stealing, obtaining property by a false pretense with intent to defraud, or converting another's property with intent to steal or embezzle.
License to carry
The license a lawful resident 21 or older may apply for to the local licensing authority, lasting no more than 6 years, which lets the holder buy, possess and carry firearms.
Also called LTC, gun license
The license a lawful resident 21 or older may apply for to the local licensing authority, lasting no more than 6 years, which lets the holder buy, possess and carry firearms.
What it is not
Without one or another exemption, having a firearm in a vehicle away from home or business carries a mandatory minimum that cannot be suspended or replaced with probation.
M
Mandated reporter
A person who, in a professional capacity, has reasonable cause to believe a child is suffering abuse or neglect, and immediately communicates with the department orally and files a written report within 48 hours.
Also called 51A, child abuse report
A person who, in a professional capacity, has reasonable cause to believe a child is suffering abuse or neglect, and immediately communicates with the department orally and files a written report within 48 hours.
Marijuana
A person 21 or older may possess, use, buy or make 2 ounces or less, keep up to 10 ounces at their primary residence, and grow up to 6 plants there for personal use.
Also called cannabis, weed
A person 21 or older may possess, use, buy or make 2 ounces or less, keep up to 10 ounces at their primary residence, and grow up to 6 plants there for personal use.
What it is not
Using it in a public place is still a civil violation.
Meeting notice
Notice of every meeting of a public body, posted at least 48 hours before it, excluding Saturdays, Sundays and legal holidays, with the date, time and place and the topics the chair reasonably anticipates will be discussed.
Also called open meeting law notice, posted agenda
Notice of every meeting of a public body, posted at least 48 hours before it, excluding Saturdays, Sundays and legal holidays, with the date, time and place and the topics the chair reasonably anticipates will be discussed.
What it is not
An emergency is the exception. Then notice is posted as soon as reasonably possible before the meeting.
N
Notice to quit
The landlord's written notice ending a tenancy; for unpaid rent, a fourteen days' notice ends either a lease or a tenancy at will.
Also called fourteen day notice, eviction notice
The landlord's written notice ending a tenancy; for unpaid rent, a fourteen days' notice ends either a lease or a tenancy at will.
What it is not
It is not the end of the road. A tenant at will without a similar notice in the previous twelve months stops the termination by paying the full rent due within ten days.
O
Open container
An open container of an alcoholic beverage in the passenger area of a motor vehicle on a public way, which is punished by a fine.
Also called alcohol in the car
An open container of an alcoholic beverage in the passenger area of a motor vehicle on a public way, which is punished by a fine.
What it is not
The passenger area includes the glove compartment, unless it is locked.
Operating under the influence
Operating a motor vehicle on a public way, or a place the public can use, with a blood alcohol percentage of eight one hundredths or greater, or under the influence of liquor, marijuana, narcotics, depressants or stimulants.
Also called OUI, DUI, drunk driving
Operating a motor vehicle on a public way, or a place the public can use, with a blood alcohol percentage of eight one hundredths or greater, or under the influence of liquor, marijuana, narcotics, depressants or stimulants.
P
Personal recognizance
Release without surety, which a person held under arrest gets unless the judicial officer decides it will not reasonably assure appearance in court.
Also called released without bail, bail
Release without surety, which a person held under arrest gets unless the judicial officer decides it will not reasonably assure appearance in court.
What it is not
Bail higher than the person can afford is allowed only if neither nonfinancial conditions nor an affordable amount would assure appearance.
Personnel record
The employer's record about an employee, which the employee may review within 5 business days of a written request, and must be told of within 10 days when anything negative goes in.
Also called personnel file
The employer's record about an employee, which the employee may review within 5 business days of a written request, and must be told of within 10 days when anything negative goes in.
Protective custody
Help an officer may give a person incapacitated by alcohol, with or without consent, to their home, a treatment facility or a police station. A person taken to a station has the right to ask for a breath test.
Also called drunk in public, PC
Help an officer may give a person incapacitated by alcohol, with or without consent, to their home, a treatment facility or a police station. A person taken to a station has the right to ask for a breath test.
What it is not
It is not an arrest, and being drunk in public is not set out as a crime there.
Q
Quiet enjoyment
The tenant's right a landlord may not interfere with, including by willfully failing to furnish water, heat, light, power, gas or other required services.
Also called utility shutoff, interference
The tenant's right a landlord may not interfere with, including by willfully failing to furnish water, heat, light, power, gas or other required services.
What it is not
Shifting a utility bill to the tenant without their knowledge or consent is covered too.
R
Reasonable fee
What a health care provider may charge for furnishing a copy of a patient's records, as defined in the hospital records section the provision refers to.
Also called medical records fee, charge for records
What a health care provider may charge for furnishing a copy of a patient's records, as defined in the hospital records section the provision refers to.
What it is not
No fee at all is charged for a record requested to support a claim or appeal under the Social Security Act or a federal or state needs based benefit program, and that record is furnished within thirty days.
Recording an open session
After notifying the chair, any person may make a video or audio recording of an open session, or transmit it through any medium, subject to the chair's reasonable requirements on the number, placement and operation of equipment.
Also called filming a public meeting
After notifying the chair, any person may make a video or audio recording of an open session, or transmit it through any medium, subject to the chair's reasonable requirements on the number, placement and operation of equipment.
What it is not
Recording is not addressing the meeting. No person addresses a meeting without the chair's permission.
Records access officer
The person at an agency or town who permits inspection or furnishes a copy of a public record without unreasonable delay and not later than 10 business days after a request that reasonably describes it.
Also called public records
The person at an agency or town who permits inspection or furnishes a copy of a public record without unreasonable delay and not later than 10 business days after a request that reasonably describes it.
Redeem
To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.
Also called redemption, get the car back
To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.
What it is not
It is not open forever. It ends once the secured party has collected the collateral, disposed of it or contracted to, or accepted it in satisfaction of the debt.
Reprisal
A landlord's threat or action against a tenant for enforcing housing law, reporting a code violation, complaining in writing, or joining a tenants' union. A notice ending the tenancy within six months after is presumed to be one.
Also called retaliation, retaliatory eviction
A landlord's threat or action against a tenant for enforcing housing law, reporting a code violation, complaining in writing, or joining a tenants' union. A notice ending the tenancy within six months after is presumed to be one.
What it is not
The presumption is rebutted only by clear and convincing evidence.
Resisting arrest
Knowingly preventing or trying to prevent a police officer acting under color of official authority from arresting oneself or another, by using or threatening force, or by means creating a substantial risk of bodily injury.
Also called resisting
Knowingly preventing or trying to prevent a police officer acting under color of official authority from arresting oneself or another, by using or threatening force, or by means creating a substantial risk of bodily injury.
What it is not
An unlawful arrest is no defense, unless the officer was using unreasonable or excessive force giving rise to a right of self defense.
S
Sealing
Closing a criminal record, done by the commissioner of probation on a signed request once a misdemeanor record is 3 years old or a felony record 7, with no new conviction in that time.
Also called record sealing, clearing a record
Closing a criminal record, done by the commissioner of probation on a signed request once a misdemeanor record is 3 years old or a felony record 7, with no new conviction in that time.
What it is not
A not guilty finding is sealed automatically unless the defendant asks in writing that it not be, and a sealed record does not disqualify a person from public employment.
Security deposit
A deposit equal to no more than the first month's rent, which stays the tenant's property: the landlord holds it in a separate, interest bearing account in a Massachusetts bank, beyond the reach of the landlord's creditors.
Also called deposit, last month's rent
A deposit equal to no more than the first month's rent, which stays the tenant's property: the landlord holds it in a separate, interest bearing account in a Massachusetts bank, beyond the reach of the landlord's creditors.
What it is not
It is not the landlord's to keep by mistake. A landlord who does not handle it as the section requires forfeits the right to keep any of it and owes three times the amount due.
Shoplifting
Taking or concealing merchandise, switching price tags or containers, recording a lower price, or taking a shopping cart, with intent to deprive the merchant; under $250 a first offense is punished by a fine.
Also called retail theft
Taking or concealing merchandise, switching price tags or containers, recording a lower price, or taking a shopping cart, with intent to deprive the merchant; under $250 a first offense is punished by a fine.
What it is not
A merchant's or employee's statement that a person shoplifted is probable cause for an arrest without a warrant.
Small claims
The simple, informal and inexpensive procedure for contract and tort claims where the plaintiff claims no more than $7,000.
Also called small claims court
The simple, informal and inexpensive procedure for contract and tort claims where the plaintiff claims no more than $7,000.
What it is not
The limit does not apply to property damage caused by a motor vehicle.
Statement of condition
The signed statement of the unit's present condition, listing any existing damage, that the landlord gives with the deposit; the tenant has fifteen days to return it with a separate list.
Also called move in checklist, condition report
The signed statement of the unit's present condition, listing any existing damage, that the landlord gives with the deposit; the tenant has fifteen days to return it with a separate list.
What it is not
Nothing may be taken from the deposit for damage listed on it.
Summary process
The court action through which a landlord recovers possession after a notice to quit.
Also called eviction case, eviction
The court action through which a landlord recovers possession after a notice to quit.
T
Tenancy at will
A tenancy without a lease term, ended for a reason other than rent by written notice of the interval between rent days or thirty days, whichever is longer.
Also called month to month
A tenancy without a lease term, ended for a reason other than rent by written notice of the interval between rent days or thirty days, whichever is longer.
What it is not
It is not ended by the landlord selling or leasing the building, or by foreclosure.
Term of protection
The lemon law period, one year or fifteen thousand miles from original delivery, whichever comes first, within which a reported nonconformity is repaired.
Also called lemon law
The lemon law period, one year or fifteen thousand miles from original delivery, whichever comes first, within which a reported nonconformity is repaired.
What it is not
The consumer has an unqualified right to reject a replacement and demand a refund.
Three day hospitalization
Restraint and hospitalization for a 3-day period, applied for by a listed clinician who, after examining a person, has reason to believe that failing to hospitalize them would create a likelihood of serious harm by reason of mental illness. In an emergency, a police officer may do the same if none of them is available.
Also called section 12, mental health hold, taken in for an evaluation
Restraint and hospitalization for a 3-day period, applied for by a listed clinician who, after examining a person, has reason to believe that failing to hospitalize them would create a likelihood of serious harm by reason of mental illness. In an emergency, a police officer may do the same if none of them is available.
What it is not
It is not admission on the application alone. Unless a specially designated physician or nurse applied, the person is admitted only if a psychiatric examination on arrival finds the same likelihood of serious harm.
Treble damages
Three times the lost wages and benefits, which an employee who wins a wage claim is awarded as liquidated damages, with costs and reasonable attorneys' fees.
Also called triple damages, unpaid wages
Three times the lost wages and benefits, which an employee who wins a wage claim is awarded as liquidated damages, with costs and reasonable attorneys' fees.
What it is not
Paying the wages after a complaint has been brought is not a defense to it.
Trespass
Entering or remaining without right in another's dwelling, buildings, boats, or improved or enclosed land after being forbidden by the person in lawful control, directly or by a posted notice.
Also called trespassing
Entering or remaining without right in another's dwelling, buildings, boats, or improved or enclosed land after being forbidden by the person in lawful control, directly or by a posted notice.
What it is not
It does not apply to a tenant who entered rightfully and stays after the tenancy ends; the landlord recovers possession only through civil proceedings.
U
Unlawful eviction
Removing or shutting out a tenant other than under a valid court order. The tenant may recover possession or end the agreement, and recovers three months' rent or three times the damages either way.
Also called lockout, self help eviction
Removing or shutting out a tenant other than under a valid court order. The tenant may recover possession or end the agreement, and recovers three months' rent or three times the damages either way.
V
Voluntary personal representative
An interested person who, after 30 days from a death and with no petition for a personal representative filed, files a sworn statement with the court and acts for an estate made up only of personal property, which may include a car the person owned and other personal property not exceeding $25,000 in value.
Also called voluntary administration, small estate
An interested person who, after 30 days from a death and with no petition for a personal representative filed, files a sworn statement with the court and acts for an estate made up only of personal property, which may include a car the person owned and other personal property not exceeding $25,000 in value.
What it is not
It is not a full appointment. With the attested copy and a written receipt, the voluntary personal representative collects the debts owed and receives the assets scheduled in the statement.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Massachusetts attorney answers and a glossary cannot. Current as of September 2026.