Tribal Criminal Law and Procedure Midterm Practice Test

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28 Questions

Criminal Law is sometimes called?

Penal Law

There are four main theories of the purposes of punishment in American law, name two of them.

deterrence, retribution, incapacitation and rehabilitation

How does a crime differ from a civil wrong in regard to who the parties are?

Civil, citizen vs citizen, fines only Criminal, citizen vs government, jail and fines

____________ in many native societies is often based on values, duties and responsibilities that are closely linked to spiritual beliefs.

Many tribal traditional legal systems typically focus more on social harm done to the ___________ rather than harm done to individuals.

Native culture often focused on rehabilitation or restoring of ________ and ________ to the individual and community.

_________ is the forgiving, pardoning, or overlooking of an offense by treating the offender as if he had done nothing wrong.

This case is a recognition of tribal law as an inherent attribute of sovereignty.

The BIA wanted __________ to have criminal jurisdiction over native people so that American laws could be used to govern native people directly.

Federal law was a tool of _______

What was enacted in responding to the Ex Parte Crow Dog case?

The Navajo Nation government is an example of a tribe that bases much of its law on ________

__________ is defined to mean "the process for renewing damaged personal and community relationships.

The Peacemaker Courts of the Navajo Nation are responsible for maintaining _____________ in the community.

________ is the power of a government to exercise authority over people, property and land.

This exists when more than one government can exercise authority at the same time.

_________ is a logical extension of inherent sovereignty and the right to self government.

Prior to the imposition of ______________ each tribal nation had the legal power or authority to deal with harmful behavior on its own terms.

Before the rules of criminal jurisdiction were written, the Tribe's _________ and _________ established jurisdiction.

The definition of Indian Country is found in _____________.

What case held that tribes had no criminal jurisdiction over non-member Indians?

This case upheld tribal sovereignty and the issue involved was double jeopardy.

What case held that tribes had no criminal jurisdiction over non-members?

Who did the Cherokee court find that they had jurisdiction over? A question that had never previously been addressed.

This was enacted in 2013 and recognizes tribal criminal authority over certain acts of domestic violence committed by non indians

What year was the IRA enacted?

1934

What Montana tribe has concurrent jurisdiction with the state? It is also a public law 280 state

CSKT Confederated Salish & Kootenai Tribe

Once the IRA act was passed the Blackfeet Tribe adopted what form of government as opposed to a traditional form of government

Cooperate

Test your knowledge of criminal law, punishment theories, and the differences between crimes and civil wrongs. Explore the principles of punishment in American law and the focus of traditional tribal legal systems on social harm and rehabilitation.

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