NCJ Number
126854
Date Published
Unknown
Length
147 pages
Annotation
This workbook provides Indian tribal court judges with practical knowledge and tools for determining whether to assert jurisdiction over non-Indians in civil cases brought before them.
Abstract
In 1978, the U.S. Supreme Court eliminated tribal court jurisdiction over non-Indians who violated tribal criminal statutes. The Supreme Court, however, has not eliminated tribal court jurisdiction over non-Indians in civil disputes, but it may be leaning in that direction. Generally, tribal court jurisdiction involves the power or authority of the court to hear particular cases. For that authority to exist, the tribal court must demonstrate three vital elements of jurisdiction: (1) the court must possess personal jurisdiction over the parties in the case; (2) there must be a specific territory in which the court is authorized to assert its power to hear particular cases; and (3) the court must have subject matter jurisdiction. The history of tribal court justice is reviewed, limitations of tribal court jurisdiction in civil cases are discussed, and relevant court decisions are presented. The workbook contains questions and answers to facilitate the understanding of tribal court jurisdiction.