Intro to Legal Analysis Writing

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The statute on the next page deals with the denial of unemployment benefits in New Mexico. It lists the reasons for which the Division of Unemployment Services can disqualify a person from receiving unemployment benefits. Read the statute, and then answer the questions which follow.

QUESTIONS:

1. Who enacted this statute?

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

3. According to this statute, what are the three ways that a person can be denied unemployment benefits in New Mexico?

1.if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment

2.if it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment

3.if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered.

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? It is enough if the person does only one of the 3 reasons listed

What term in the statute helped you answer this question? Shall

4. Are there any exceptions to this statute? Yes there are exceptions

If so, which of the three ways of being denied unemployment compensation do the exceptions apply to? The exceptions apply the first reason of denial of benefits.

5. Provide the Bluebook citation for this statute. N.M. STAT. ANN. § 51-1-7
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