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Tribal Tort Law

1516 Words7 Pages

The legal definition of a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another person. Torts include all negligence cases as well as intentional wrongs which resulted in harm and are the most heard legal proceedings. Being that torts are various and plenty it must also be stated that a tort can be subjective depending upon the parties involved. Not only can a tort be subjective to the parties involved but also the litigation involved with defining that tort by a court of law is also subject to prejudice by those who may or may not see it as a wrongful act. While tort law may be a valid means of regulation in jurisdictions with established and accessible bodies of common law, …show more content…

This common law is not readily available information to nonmembers of the tribe. Even if an attorney is experienced in tribal law, it is all but impossible to ascertain the precise unspoken nuances of each individual tribe’s legal systems. Some tribes have websites providing information about their court systems and links to their legal codes, while others do not. In short a nonmember, even after they have hired an attorney, will be walking into a tribal court with none of the jurisprudential certainty that they would have in a state or federal court, unaware of the various elements of the claims they are defending themselves against, and unaware of what defenses might be available to …show more content…

United States. In this case, the Crow tribe wished to have the right to regulate the riverbed that was within their lands to only allow those who were tribe members to fish there. In Montana, the court held that the Tribe lacked inherent authority to preclude fishing by nonmembers on waterways within the reservation in which the tribe did not hold the beneficial interest to the underlying land. It found no clear treaty or statutory right to regulate nonmember conduct on fee lands. The court did find that for a tribe to be able to have the jurisdiction to try a nonmember that is on fee land within the reservation in a tribal court there are two factors that must be

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Uneven Ground Case Analysis

1104 Words | 5 Pages

In Chapter 4 of Uneven Ground, Wilkins discusses the United States v. Winans case which regarded tribal rights. It held that the Yakamas tribe had “reserved rights” to hunt and fish because the Winans brothers had been depleting the salmon in the river. Wilkins also writes how the tribes implemented their rights based on their original and indigenous sovereignty. Chief Justice Fuller recognized this and confirmed the tribe’s rights to hunt and fish because of tribal sovereignty (125). In a similar case, Winters v. United States (1908), a man had built a dam that restricted all water flow down the Milk River.

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The Case Of Sovereign Immunity: Seminole Tribe Of Florida V. Florida 1996

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The Court also rejected Florida's argument that Congress had required the state's consent before the tribe could engage in Class III gaming activities. As a result of the ruling, the Seminole Tribe was able to continue offering Class III gaming activities on their reservation without interference from the state, although they were still required to negotiate a compact with the state to regulate and tax their gaming

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1376 Words | 6 Pages

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Pros And Cons Of The Indian Removal Act Of 1790

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The Act led to an array of legal and moral arguments for and against the need to relocate the Indians westward from the agriculturally productive lands of the Mississippi in Georgia and parts of Alabama. This paper compares and contrasts the major arguments for and against the

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Biloxi Indians Research Paper

1023 Words | 5 Pages

The Tunica tribe could reclaim their land in 1844 because Celestin Moreau charged five old women from the tribe with trespassing. The Moreau vs. Valentin case brought the end of the court costs to Moreau and the Tunica was allowed an equal hearing. Because there was

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Thomas Jefferson And The Marshall Court Summary

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The document “Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court” is a historical journal article written in 2006. It was published in the thirty first volume of the Journal of Supreme Court History, a popular historical journal focusing on the history and actions of the Supreme Court. It was written by Stephen G. Bragaw, Ph.D., a Visiting Professor of Politics at Washington and Lee University. He has published numerous articles and papers, and has extensive experience in American History and Politics. The Journal of Supreme Court History is a historical journal that is very popular among historians, those interested in the history of the Supreme Court, and most likely also modern politicians

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The Seminole Summary

643 Words | 3 Pages

This story of the Seminoles’ struggles for identity and sovereignty is a microcosm of the true horrors inflicted on Indian nations by the federal government. The Seminoles remarkably defied federal, state, and local government pressures of removal in the early nineteenth century. They also disputed Creek insistence on tribal consolidation, and other Indian nation claims to their property. Among the federal tactics were the illegal removals, and treaties that meant little to the federal government when land, as part of Manifest Destiny, and wealth the federal government sought entered the equation. The Seminoles also endured the paternalism, coercion tactics, and pressures from Bureau of Indian Affairs agents who made promises to them that were frequently broken.

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How Did Hugh Henry Brackenridge Not Care Much For The Indians

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384 Words | 2 Pages

This breaks a part communication between tribes and makes them unstable. It’s a completely underhanded move that tore many lives a part. The law was created to provide further rule over Indian Territory, which they already have gained a lot in recent time. The Indians are being transformed by law, not by will.

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A Tribal Court Domestic Violence Case Study

1947 Words | 8 Pages

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Native American Fishing Essay

874 Words | 4 Pages

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