Massachusetts General Laws ch. 151C sec. 4 – Review of commission’s order; court order for enforcement; proceedings; jurisdiction; appeals
Section 4. (a) Any party aggrieved by a final order of the commission may obtain a judicial review thereof, and the commission may obtain an order of the court for the enforcement thereof by a proceeding described in this section. Such proceeding shall be brought in the superior court within the county wherein any respondent is located.
Terms Used In Massachusetts General Laws ch. 151C sec. 4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Upon the filing of a bill of complaint and the service of said bill, the court shall have equitable jurisdiction of the proceeding and of the questions determined therein. Thereupon the commission shall file with the court a transcript of the record of the hearing. The court after hearing and argument shall have power to make and enter upon such record an order annulling or confirming wholly or partly, or modifying the determination reviewed, as to any or all of the parties, and directing appropriate action by any party to the proceeding.
(c) The decision of the commission shall be reviewed in accordance with the standards for review provided in paragraph (8) of section fourteen of chapter thirty A.
(d) The jurisdiction of the superior court shall be exclusive and its judgment and order shall be final, subject to review by the supreme judicial court, upon appeal by the commission or any party to the proceedings, in the same manner provided by general law for appeal from the equity jurisdiction of the superior court.