Case Study Pa205

Unit 2: Understand the Law

PA205: Introduction to Legal Analysis and Writing

Katrina Jackson

Kaplan University

QUESTIONS

1. Who enacted this statute?

The New Mexico legislature enacted this statute.

2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question?

This statute is mandatory. The casual terms that drew me to this conclusion were shall be and shall not.

3. According to this statute, what are the three ways that a person can be denied unemployment benefits in New Mexico? Must a person do all three things to be disqualified from receiving benefits, or is it enough that they only do one of the listed things? What term in the statute helped you answer this question?

The three ways that a person can be denied unemployment benefits in New Mexico are if the person voluntarily ended their employment without a valid reason, the person was let go for misconduct; or if the person has not applied to and/or accepted suitable employment when offered. No a person must not do all three because of the term “or” that is in the statute.

4. Are there any exceptions to this statute? If so, which of the three ways of being denied unemployment compensation do the exceptions apply to?

Yes there are exceptions to the first criteria. The exceptions are pregnancy and/or termination of pregnancy; evident domestic abuse documented by a medical provider, legal document or sworn statement by claimant; or if the person voluntarily resigned from a job due to relocation of a spouse given military orders.

5. Provide the Bluebook citation for this statute.

N.M. Stat. Ann. § 51-1-7