Tribal Law and Order Code Midterm Practice Test
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Questions and Answers

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

<p>The authority to issue binding legal judgements over a certain area and people</p> Signup and view all the answers

Why is jurisdiction important to tribes?

<p>because it recognizes the inherent sovereignty of a tribal nation which is crucial to protecting tribal culture, traditions and customs.</p> Signup and view all the answers

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

<p>The IRA of 1934</p> 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?

<p>Federal Government</p> Signup and view all the answers

How are changes made to the Blackfeet Law and Order Code?

<p>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.</p> Signup and view all the answers

How are Judges removed?

<p>via impeachment process</p> Signup and view all the answers

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

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

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

<p>appeal to the Appellate Court</p> Signup and view all the answers

Does the Blackfeet Tribe recognize common law marriage?

<p>No, but the state of Montana does</p> Signup and view all the answers

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

<p>up to one year in jail and $5K fine</p> 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?

<p>No, because they are two separate governments</p> Signup and view all the answers

What does chapter 5 cover?

<p>Offences</p> 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?

<p>Adversarial means to go against each other. Civil would be citizen vs citizen and criminal would be citizen vs government</p> Signup and view all the answers

What chapter covers law enforcement and their duties?

<p>Chapter 6</p> Signup and view all the answers

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

<p>Notice of filing</p> Signup and view all the answers

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

<p>Pass the Blackfeet Tribal Bar Exam</p> Signup and view all the answers

What does the ICWA stand for?

<p>Indian Child Welfare Act</p> Signup and view all the answers

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

<p>CPS child protection services</p> Signup and view all the answers

Who is responsible for enforcing child support on the reservation?

<p>The Blackfeet Child Support Enforcement Division CSED</p> Signup and view all the answers

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