Legal Question in Administrative Law in Massachusetts

mass general law vs court order

If a court order is in conflict with Mass general law which takes precedence?

If a court order is in conflict with Massachusetts regulation which takes precedence?

Please provide the reference which supports your answer.


Asked on 7/28/06, 3:53 pm

1 Answer from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: mass general law vs court order

You don't provide any details, so I'm not exactly sure what you mean. Nonetheless, courts are charged with the responsibility of interpreting laws and regulations, and the presumption is that they have correctly done so. Accordingly, under our legal system, a court order takes precedence. If you feel the court has not interpreted the law or regulation correctly, your recourse would be to seek judicial review, which is generally done by appealing the decision or asking the originating court to reconsider). In terms of a reference supporting my answer, you can start with the landmark US Supreme Court case of Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1903).

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Answered on 7/29/06, 7:45 am


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