23 Questions
When was the Blackfeet Law and Order enacted?
1967
Does the Blackfeet Law and Order Code contain a section that defines jurisdiction?
Yes, chapter one administration of law and order
Who does the tribe not have jurisdiction over?
non-Indians and Canadian Indians
Define Jurisdiction
The authority to issue binding legal judgements over a certain area and people
Why is jurisdiction important to tribes?
because it recognizes the inherent sovereignty of a tribal nation which is crucial to protecting tribal culture, traditions and customs.
Blackfeet Tribal Court is modeled after western style (non-Indian) courts because of what?
The IRA of 1934
The Blackfeet Tribal Court is a court of ______________ jurisdiction?
Does the Blackfeet Tribal Court share concurrent jurisdiction with any other entity? If so, who is that entity?
Federal Government
How are changes made to the Blackfeet Law and Order Code?
Tribal attorney will generate new law based on circumstantial necessity, then, explain to the Blackfeet Tribal Business Council why law is necessary and the BTBC will vote ye or ne.
How are Judges removed?
via impeachment process
Where does the authority to create courts of limited jurisdiction come from?
The Blackfeet Tribal Constitution art 6 sec 1 sub k
If a person is not happy with a judgement from the Blackfeet Tribal Court what must they do?
appeal to the Appellate Court
Does the Blackfeet Tribe recognize common law marriage?
No, but the state of Montana does
What is the maximum sentence a person can receive for a violation of the law?
up to one year in jail and $5K fine
Is it double jeopardy if the Tribe and the Federal Government charge a defendant with crime that originated from the same facts?
No, because they are two separate governments
What does chapter 5 cover?
Offences
Blackfeet Tribal Court is an adversarial system, what does that mean in regard to a criminal matter versus a civil matter? Who are the parties?
Adversarial means to go against each other. Civil would be citizen vs citizen and criminal would be citizen vs government
What chapter covers law enforcement and their duties?
Chapter 6
When commencing a civil action, the party filing must provide the other party with what?
Notice of filing
To become an advocate in Blackfeet Tribal Court what must a person do?
Pass the Blackfeet Tribal Bar Exam
What does the ICWA stand for?
Indian Child Welfare Act
Who is the main entity that removes children from their homes for abuse and neglect?
CPS child protection services
Who is responsible for enforcing child support on the reservation?
The Blackfeet Child Support Enforcement Division CSED
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