Tribal Law and Order Code Midterm Practice Test

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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 Signup and view all the answers

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. Signup and view all the answers

Blackfeet Tribal Court is modeled after western style (non-Indian) courts because of what?

The IRA of 1934 Signup and view all the answers

The Blackfeet Tribal Court is a court of ______________ jurisdiction?

Signup and view all the answers

Does the Blackfeet Tribal Court share concurrent jurisdiction with any other entity? If so, who is that entity?

Federal Government Signup and view all the answers

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. Signup and view all the answers

How are Judges removed?

via impeachment process Signup and view all the answers

Where does the authority to create courts of limited jurisdiction come from?

The Blackfeet Tribal Constitution art 6 sec 1 sub k Signup and view all the answers

If a person is not happy with a judgement from the Blackfeet Tribal Court what must they do?

appeal to the Appellate Court Signup and view all the answers

Does the Blackfeet Tribe recognize common law marriage?

No, but the state of Montana does Signup and view all the answers

What is the maximum sentence a person can receive for a violation of the law?

up to one year in jail and $5K fine Signup and view all the answers

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 Signup and view all the answers

What does chapter 5 cover?

Offences Signup and view all the answers

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 Signup and view all the answers

What chapter covers law enforcement and their duties?

Chapter 6 Signup and view all the answers

When commencing a civil action, the party filing must provide the other party with what?

Notice of filing Signup and view all the answers

To become an advocate in Blackfeet Tribal Court what must a person do?

Pass the Blackfeet Tribal Bar Exam Signup and view all the answers

What does the ICWA stand for?

Indian Child Welfare Act Signup and view all the answers

Who is the main entity that removes children from their homes for abuse and neglect?

CPS child protection services Signup and view all the answers

Who is responsible for enforcing child support on the reservation?

The Blackfeet Child Support Enforcement Division CSED Signup and view all the answers