Question

#1. A New Mexico state court has to decide a case involving a legal issue that has never before been decided by its state courts. Arizona and Oklahoma have both decided cases on this issue. In reaching its decision, the New Mexico court can ignore the law in either or both states if it wants to.

True or False

#2. If the parties in a lawsuit decide to either negotiate or mediate their case they give up their right to a trial.

True or false

#3. State court systems have two levels of court: the trial court and the appellate court.

True or False

#4. The judiciary can decide whether or not the laws or actions of the legislature are permissible but cannot decide on whether the actions of the executive branch are permissible.

True or False

Answer 1

#1 True. Although the United States Constitution and federal laws override state laws where there is a conflict between federal and state law, state courts are not subordinate to federal courts. This implies that State courts have their own powers, hence they can ignore the case law decided by any other state also.

#2 False. Mediation is nonbinding, which means that if either person involved in the dispute doesn’t like the outcome of the mediation, he or she does not have to agree and can ask for binding arbitration or go to court.

#3 It is True. The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. Hence the state court systems has two levels.

#4 True. The Judiciary determines which laws Legislature intended to apply to any given case.