overarching principle (Massachusetts) · Go Syfert
← Massachusetts issues

overarching principle in Massachusetts

13 Massachusetts opinions name it 3 courts 2001–2025 2 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Commonwealth v. Watersgreen
mass · 1987 · cited in 2 Massachusetts opinions naming this issue, 2002–2003
2 sentences

2003The overarching principle is that “[t]he admissibility of photographic evidence is left to the discretion of the trial judge, and [an appellate court] will overturn the judge’s decision only where a defendant is able to bear the heavy burden of demonstrating an abuse of that discretion.” Commonwealth v. Waters, 399 Mass. 708, 715 (1987).

2002All of those principles inhere in the overarching principle that “[t]he admissibility of photographic evidence is left to the discretion of the trial judge, and we will overturn the judge’s decision only where a defendant is able to bear the heavy burden of demonstrating an abuse of that discretion.” Commonwealth v. Obershaw, 435 Mass. 794, 803 (2002), quoting from Commonwealth v. Waters, 399 Mass. 708, 715 (1987).

22
Doe v. Chamberlingreen
ca3 · 2002 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012Compare Doe v. Chamberlin, 299 F.3d 192, 196 (3d Cir. 2002) (“The final Dost factor simply puts again the underlying question: Is the exhibition lascivious?”).

11
Salem Realty Co. v. Materagreen
mass · 1981 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Salem Realty Co. v. Matera, 10 Mass. App. Ct. 571, 574-575 (1980), S.C., 384 Mass. 803 (1981).

11
Salem Realty Co. v. Materagreen
massappct · 1980 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Salem Realty Co. v. Matera, 10 Mass. App. Ct. 571, 574-575 (1980), S.C., 384 Mass. 803 (1981).

11
Green v. Board of Appeal of Norwoodgreen
mass · 1970 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007Green v. Board of Appeals of Norwood, 358 Mass. 253, 258 (1970).

11
Green v. Wyman-Gordon Co.green
mass · 1996 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
2 sentences

2005L. c. 214, § 1C, ensures that all employees are protected against sexual harassment in the workplace, whether or not their employers fit within the definition in c. 151B.” Green v. Wyman-Gordon Co., 422 Mass. at 557 (emphasis original).

2005L. c. 214, § 1C, ensures that all employees are protected against sexual harassment in the workplace, whether or not their employers fit within the definition in c. 151B” (emphasis original), Green v. Wyman-Gordon Co., 422 Mass. at 557 , we determine as a matter of statutory application and construction that G.

11
Commonwealth v. Sheagreen
massappct · 1999 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003Cf. Commonwealth v. Shea, 46 Mass. App. Ct. 196, 200 (1999) (emphasizing need for discretion in sentencing of juveniles).

11
Commonwealth v. Vizcarrondogreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Commonwealth v. Vizcarrondo, 431 Mass. 360, 362-363 (2000).

11
Commonwealth v. Obershawgreen
mass · 2002 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002All of those principles inhere in the overarching principle that “[t]he admissibility of photographic evidence is left to the discretion of the trial judge, and we will overturn the judge’s decision only where a defendant is able to bear the heavy burden of demonstrating an abuse of that discretion.” Commonwealth v. Obershaw, 435 Mass. 794, 803 (2002), quoting from Commonwealth v. Waters, 399 Mass. 708, 715 (1987).

11
Tri-County Youth Programs, Inc. v. Acting Deputy Director of the Division of Employment & Traininggreen
massappct · 2002 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See also Tri-County Youth Programs, Inc. v. Acting Deputy Director of the Div. of Employment & Training, 54 Mass. App. Ct. 405, 407-408 (2002).

11
Commonwealth v. Helfantgreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001Commonwealth v. Helfant, 398 Mass. 214, 224 (1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Care & Protection of Charles green
mass · 1987
1 sentence

2025In Care & Protection of Charles, 399 Mass. 324 (1987) (Charles), the court ruled that the overarching standard for approval of a homeschooling plan is the same as that statutorily provided for approval of a private school: the local school committee must be "satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town." Id. at 331, quoting G.

12025–2025
Commonwealth v. Hernandez green
mass · 2019
1 sentence

2024Instead, we follow the overarching principle that guided the Supreme Judicial Court in Hernandez, 481 Mass. at 602 , that "[t]he record will accurately reflect the case as it was at the time of death; it will reflect the status quo." This we can do.

12024–2024
Commonwealth v. Lucret green
massappct · 2003
2 sentences

2020L. c. 119, § 58 (b), plainly authorizes the sentencing judge to order that, in the event of a probation 7 violation, a youthful offender's DYS commitment and adult sentence be served either concurrently or consecutively as the situation may warrant, subject, of course, to the overarching requirement that the aggregate combination sentence not exceed the maximum adult sentence provided by law." Lucret, 58 Mass. App. Ct. at 629-630 .5 The decision whether to impose the adult sentence concurrently or consecutively was one which was for the sentencing "judge to determine, upon consideration of all

2020L. c. 119, § 58 (b), plainly authorizes the sentencing judge to order that, in the event of a probation 7 violation, a youthful offender's DYS commitment and adult sentence be served either concurrently or consecutively as the situation may warrant, subject, of course, to the overarching requirement that the aggregate combination sentence not exceed the maximum adult sentence provided by law." Lucret, 58 Mass. App. Ct. at 629-630 .5 The decision whether to impose the adult sentence concurrently or consecutively was one which was for the sentencing "judge to determine, upon consideration of all

12020–2020
Kansallis Finance Ltd. v. Fern green
mass · 1996
1 sentence

2018"This overarching principle" not only unifies the various rules of imputation but also "suggests [their] ... limitations." Id . at 665, 659 N.E.2d 731 .

12018–2018
Silva v. Director of the Division of Employment Security green
mass · 1986
1 sentence

2002In review of the board’s determination concerning § 2(c), we apply the overarching principle of administrative law that “[i]f the findings of the board are supported by substantial evidence, and if there is no error of law, the court must affirm the board.” See Silva, 398 Mass. at 611 .

12002–2002

Where else courts name it

CA 139 (1998–2026) TX 39 (1996–2026) NY 38 (1997–2026) MD 26 (1992–2026) NJ 25 (1983–2022) PA 20 (2003–2026) UT 19 (1951–2024) KS 19 (1998–2025) WA 17 (1997–2025) MO 17 (1985–2024) MI 16 (1997–2026) OR 15 (2003–2025) IA 13 (2003–2025) MA 13 (2001–2025) IL 12 (1993–2026) AZ 11 (2006–2015) LA 11 (1997–2024) OH 10 (1999–2026) NM 10 (2004–2025) DE 9 (2009–2022) NV 9 (2010–2022) WI 9 (2003–2022) IN 9 (2008–2019) CT 9 (1990–2019) FL 8 (1993–2019) OK 7 (1995–2016) NC 7 (2000–2020) VA 7 (2001–2021) WV 6 (1998–2022) GA 6 (2008–2017) KY 6 (2005–2025) MN 5 (1997–2017) CO 5 (2014–2025) MS 5 (2005–2018) TN 4 (2000–2019) RI 4 (2002–2022) SC 3 (2006–2022) ME 3 (1991–2023) AL 3 (2010–2017) AR 2 (2011–2019) NH 2 (2006–2020) AK 2 (2019–2025) HI 2 (2015–2015) DC 2 (2022–2022) NE 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check