NM Bar New Mexico Constitutional Law 3 — Questions and Answers
Question 1: Under New Mexico Constitution Article VI, Section 35, a magistrate court judge is required to:
- Be a licensed attorney
- Be elected by district voters
- Be a resident of the county (Correct answer)
- Hold a law degree from an ABA-accredited school
Correct answer: Be a resident of the county
Magistrate court judges in New Mexico must be residents of the county from which they are elected, though they are not required to be attorneys.
Question 2: New Mexico's constitution guarantees the right to a jury trial in civil cases involving disputes exceeding what minimum amount?
- $20 (Correct answer)
- $100
- $1,000
- $500
Correct answer: $20
Article II, Section 12 of the New Mexico Constitution preserves the right to trial by jury in civil cases where the amount in controversy exceeds twenty dollars.
Question 3: The New Mexico Constitution's anti-donation clause in Article IX, Section 14 prohibits the state from:
- Making gifts of public funds to private entities (Correct answer)
- Donating state land to federal agencies
- Appropriating funds without a line-item budget
- Issuing bonds without voter approval
Correct answer: Making gifts of public funds to private entities
Article IX, Section 14 prohibits the state and its subdivisions from making donations to or in aid of private individuals or corporations with public funds.
Question 4: Under the New Mexico Constitution, the Lieutenant Governor becomes Governor if the Governor is unable to serve. Which provision addresses the succession of the Governor during a temporary absence?
- Article V, Section 7 (Correct answer)
- Article IV, Section 3
- Article VI, Section 1
- Article III, Section 4
Correct answer: Article V, Section 7
Article V, Section 7 provides that the Lieutenant Governor shall act as Governor whenever the Governor is absent from the state or otherwise unable to discharge the duties of the office.
Question 5: New Mexico's constitutional right to bail is found in Article II, Section 13. Under what circumstances may bail be denied?
- For capital offenses when the proof is evident or presumption great (Correct answer)
- Whenever the prosecution requests it
- For any felony charge upon motion of the district attorney
- Whenever the defendant poses a flight risk
Correct answer: For capital offenses when the proof is evident or presumption great
Article II, Section 13 provides that bail may be denied only in capital cases where the proof is evident or the presumption great that the defendant is guilty.
Question 6: The New Mexico Constitution's 'inherent rights' clause in Article II, Section 4 declares that all persons have the inalienable right to enjoy and defend:
- Life, liberty, and the pursuit of happiness
- Life, liberty, property, and reputation (Correct answer)
- Liberty, property, and safety
- Life, liberty, and property
Correct answer: Life, liberty, property, and reputation
Article II, Section 4 states that all persons have the natural and inalienable right to enjoy and defend life and liberty, acquire and possess property, and pursue and obtain safety, happiness, and privacy.
Question 7: The New Mexico Constitution provides that the state may not be sued without its consent under the doctrine of sovereign immunity. However, the Legislature has waived immunity for certain tort claims through:
- The New Mexico Tort Claims Act (Correct answer)
- Article II, Section 18 equal protection
- The State Liability Reform Act
- The New Mexico Administrative Procedures Act
Correct answer: The New Mexico Tort Claims Act
The New Mexico Tort Claims Act (NMSA 1978, §§ 41-4-1 et seq.) was enacted pursuant to Article II, Section 9 and waives sovereign immunity for specified tort claims against the government.
NM Bar New Mexico Constitutional Law 3
Under New Mexico Constitution Article VI, Section 35, a magistrate court judge is required to: