Act are not considered as having inherent jurisdiction. monster energy factory racing motorcross full printing shirt The jurisdiction which they possess is determined by review of the legislative enactment which creates it, whether that is
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development of tribal law, and had no right to serve as a juror. Numerous cases have been litigated over the last 40 years on this precise topic, since the United States Supreme Court opened monster energy factory racing motorcross full printing shirt the modern era of federal Indian law with its decision in Williams v. Lee 358 U.S. 217 .33 The court concluded that exclusive jurisdiction rested with the Navajo Tribal Court, rather than the Arizona Supreme Court, in an action brought by a non-Indian to enforce a debt under a contract entered into on the reservation with the Indian defendant. In reaching its decision, the court declared that this result was justified on the grounds that it was necessary to protect tribal self-government.
The test to determine federal jurisdiction over a matter was whether the matter was an essential feature of the tribe’s right to self-government. The import of this definition is that it creates a presumption that “Indian Country” included all land, regardless of ownership, within the exterior boundaries of federally recognized Indian reservations. Lands allotted to individual tribal members, thereby rendering them legal owners of the land to the exclusion of the tribe and other tribal members, a common practice for many decades as a result of the Dawes Act,29 as well as lands held for the tribe in common, fall within the jurisdiction of the tribal governments and its courts. In addition, lands that have been leased, alienated or subject to easements for the benefit of non-Indians, corporations and even public authorities will remain under tribal authority as long as they are inside the exterior borders of the reservation. Tribal courts created pursuant to the Indian Reorganization