Quiz Wk 12 Flashcards
Regarding civil jurisdiction in ‘Indian Country’ what are two exception that allow tribal courts to have jurisdiction over non-native and non-native entities based on the Montana v. United States Supreme Court opinion?
Relying on the treaties of 1851 and 1868, the court held that the Tribe could regulate hunting and fishing within the reservation by nonmembers, although the court noted that the Tribe could not impose criminal sanctions on those nonmembers.
What is the ‘Oklahoma Disclaimer Clause’ that cites Oklahoma’s lack of jurisdiction over Indian Country?
1907, Oklahoma, The people forever disclaim all right and title to Indian lands; they remain subject to U.S. jurisdiction.
Provide two examples of the exercise of civil jurisdiction; colloquial names.
Appellate, Concurrent, Exclusive, Original
What was the court case that precluded tribal courts from having criminal jurisdiction over non-native defendants; what year was it issued?
United States v. McBratney, 104 U.S. 621 (1881)
Describe ‘tribal sovereign immunity.’
Sovereign immunity is the doctrine that precludes the assertion of a claim against a sovereign without the sovereign’s consent. Indian tribes are sovereign entities. The exact nature of tribal sovereignty, however, is not clear.
Outside of inherent tribal sovereignty, what is the legal source of ‘sovereign immunity’?
The legal source of Sovereign Immunity originates from English common law, which provides that the king is immune from suits by his subjects.
Oklahoma is a Public Law 280 state.
T/F?
False
Regarding jurisdiction of land by legislation, in what year was Public Law 280 enacted?
1953
List the six states that were affected by Public Law 280.
Arizona, Montana, North Dakota, South Dakota, Utah, Washington.
Was Oklahoma affected by Public Law 280?
The supreme court has decided that non PL 280 states still have the right to claim criminal jurisdiction over crimes perpetrated on tribal lands whether the victim or perpetrator are native or not.
