NM Bar New Mexico Constitutional Law 3

Question 1

Under New Mexico Constitution Article VI, Section 35, a magistrate court judge is required to:

Accepted Answer

Be a resident of the county

Answer

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?

Accepted Answer

$20

Answer

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:

Accepted Answer

Making gifts of public funds to private entities

Answer

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?

Accepted Answer

Article V, Section 7

Answer

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?

Accepted Answer

For capital offenses when the proof is evident or presumption great

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar New Mexico Constitutional Law 3