try this, not sure if it has the citation info you need.
Posted by: Irish Wampanoag
I am not sure what you mean by citation/s
Joly old England invented the Common Law aspect.
MA Common Law is found in the Massachusetts State Constitution.
US Common Law is found in the US Constitution.
Posted by: crimsonwings
sounds like he is doing a research paper so he needs to be able to cite his sources.
Posted by: extremesgs
Not a paper...
the citation is just for personal knowledge of when the law came into play. The laws themselves are for work...
checked the MA Const.- not there.
checked the General Court site- nothing there either...
still looking... Thanks.
Posted by: NEPS
Extreme,
The common law is the law that developed in England through the Middle Ages and into the modern era. By developed what I mean is that law developed through judicial decisions on what the tradition, custom, and precedent were that applied to some sort of legal disupte. Info please has a good thumbnail explanation of common law at:
So your broad question of where you can find the common law written down or cited is impossible to answer other than saying that it fills the volumes of the Massachusetts Reports and the Massachuesetts Appeals Court Reports which compile the decisions of the state's two appellate courts, and further, various reporters of English judicial decisions that even today the Massachusetts courts will look to in interpreting a question of common law since the original colonists of this state brought the English common law with them.
The contrast is between common law and constituitonal or statutory law. These laws are passed by public bodies that are empowered to make legal rules, either those establishing the fundamental rules of what the government may and may not do, such as the federal or state constitution, or things like criminal laws, or how one adopts a child, or what the definition of "veteran" is, or when city elections are to held, or what the state flower is. Statutory law sometimes changes established common law or creates new rules for things the common law never addressed, such as the operation of aircraft.
I have found one easy source for the "common law crimes." The District Court Criminal Complaint Manual lists seven common law crimes. The are the first listings in that manual, which you may reach by following this link:
There are probably more common law crimes that one could find. I have heard, for example, of a common law crime called "blocking a highway" but I have no idea what conduct constitutes this crime and I have serious doubts I could get a clerk-magistrate to issue a complaint charging someone with this crime. One would probably have to consult a relatively old guide to criminal law and procedure (of the sort you might find in one of the state's law libraries or at a law school's library) to find other crimes and their elements that were recognized at common law.
In addition, there are crimes that are mentioned in what we laughingly call the criminal laws of this state that are actually defined only in case law which is the essence of common law. For example:
Chapter 272: Section 53. Penalty for certain offenses
Section 53. Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.
This statute actually merely provides a punishment for a laundry list of crimes known to the common law. Check for example "idle and disorderly persons." The phrase really provides little clue as to what conduct breaks the law. Out of these four words the Massachusetts Supreme Judicial Court, through review of precedent, has determined that this survivor of ancient common law means that a person commits this crime if he intentionally causes public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by engaging in fighting or threatening, or violent or tumultuous behavior or by creating a hazardous or physically offensive condition by an act which serves no legitimate purpose of the actor. In fact, if you were to read the case Comm. v. Alegata, 353 Mass. 287 (1967) you would get a really good idea of what some common law crimes were and how they ran into problems with the US Constitution.
I am sorry to give such a long answer, but it is a big question. If you have questions, I hope you will post further or PM.
Posted by: extremesgs
that was very helpful. Thanks!
I found some of what i'm looking for....
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops
About MassCops, the home for Massachusetts law enforcement.
The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.
The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.
The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.
The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.
MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops