Massachusetts State Law
Massachusetts State Law tests state-specific procedure, statutes, and practice that supplement the general MBE subjects.
Core framework
Civil practice: Massachusetts Rules of Civil Procedure; Superior Court and District Court; jury trial. G.L. c. 231 § 79 offer of judgment shifts costs and interest. G.L. c. 231 § 59H anti-SLAPP motion stays discovery and awards fees if granted. G.L. c. 93A requires a 30-day demand letter and allows treble damages and fees for unfair or deceptive acts. G.L. c. 231 § 85 comparative negligence bars recovery at 51%. G.L. c. 258 Tort Claims Act requires presentment within two years and caps damages. G.L. c. 186 § 15B security deposit requires separate account, receipt, and return within 30 days. G.L. c. 188 homestead protects equity.
Worked example
Tenant pays a $2,000 security deposit. Landlord fails to return it within 30 days and sends no itemized list. Tenant sues under G.L. c. 186 § 15B. The landlord is liable for treble damages, plus attorney's fees and costs. The landlord cannot offset for normal wear and tear. The tenant should send a demand letter and preserve records.
Traps
The Tort Claims Act presentment is jurisdictional. Anti-SLAPP motions have a special burden and stay discovery. A c. 93A demand letter is a prerequisite for most claims. Offer-of-judgment consequences depend on who made the offer and the recovery. Comparative negligence is a 51% bar, not 50%. Charitable immunity cap is $20,000.