Tribal Criminal Law and Procedure Final Practice Test

Is solicitation a crime?

The mental state if often referred to as ____________________ or a guilty mind.

__________________________ crimes are offenses or wrongdoings that do not require a mental intent.

What is the burden of proof in a criminal action?

Deserving blame or punishment for violating the law describes what?

When can a person use a reasonable amount of force?

For attempt to be a crime what is needed?

What is a Writ of Habeus Corpus?

This is an example of a strict liability crime

Once the IRA was enacted the Blackfeet Tribe adopted a ______________ form of government.

What is the essential question when a tribal court is considering taking jurisdiction of a criminal case?

What does VAWA stand for?

This is a list of cases that will be heard in court.

For every crime there are generally at least ______ elements.

If a tribe adopts TLOA or VAWA they can enhance maximum sentences. What is the maximum sentence an individual can receive under either act in regard to fines and jail time?

Is the failure to commit an act a crime?

people act _____________________ if they take an unjustifiable risk that harms or endangers another.

Assault can be based on reasonable __________________ of harm.

This is the requirement of obligation of a party to convince the judge or jury.

When was the Indian Civial Rights Act enacted?

In Fort Peck vs Martell, did the crime occur in Indian Country? Please explain your answer.

What is the burden of proof in a civil matter?

Name three criminal defenses.

Once enacted, the TLOA affected what section of the ICRA?

Fred and Barney are having a verbal argument. Fred says to Barney, "I hate you! Get away from me!" Barney is frightened by Fred's words. Under the Sault St. Marie Tribal Code has Fred committed an assault?

I take the class boating, we encounter a huge winter storm and have to dock the boat on opposite side of lake. Emerald says he knows there is a cabin near. We find cabin, break in, eat food and use clothing. What is our defense to any criminal charges that may be applicable.

Membership in a tribe is not an _________________________ in the test of whether the person is an "Indian" for the purpose of this court's criminal jurisdiction.

Collaboration is not an easy process, particularly when there is a history of ___________________________.