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Native American Law Questions & Answers

Q: Im half native american am i elligable for money

1 Answer | Asked in Native American Law, Construction Law and Nursing Home Abuse for Minnesota on
Answered on Mar 25, 2017

You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.
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Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?

1 Answer | Asked in Tax Law and Native American Law for Oklahoma on
Answered on Mar 25, 2017

The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.
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Q: Im 18 and if a 14 year old hits hits me can I fight back without jail time?? I'm a junior and they're a freshman.

1 Answer | Asked in Criminal Law, Education Law and Native American Law on
Answered on Mar 24, 2017

You are allowed to defend yourself in a manner that protects you. If at any point you overtake the attacker and become the aggressor, rather than stopping and walking away, you could risk charges.
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Q: My ex told me we were divorced and I married my 2nd husband in Michigan, am I a bigamous? What can I do?

1 Answer | Asked in Native American Law and Divorce for Oklahoma on
Answered on Mar 24, 2017

I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.
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Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Mar 24, 2017

To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.
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Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Answered on Mar 24, 2017

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.
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Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .

1 Answer | Asked in Family Law, Adoption and Native American Law for Oregon on
Answered on Mar 21, 2017

You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.
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Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Native American Law for Minnesota on
Answered on Mar 3, 2017

1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.

2. You retained your attorney to represent you for a specific case. A separate, civil case would be a different case for which you would need to retain your attorney under a new agreement (and pay more money).

3. Your...
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Q: What is lack of subject- matter

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Landlord - Tenant and Native American Law for Kansas on
Answered on Feb 23, 2017

I'm guessing you meant: "What is lack of subject-matter jurisdiction?"

When a court hears your case, there are three questions it must initially ask:

1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

2. Does it have personal jurisdiction? Personal jurisdiction is the power of a court over the parties in the case.

3. Is this...
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Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Answered on Nov 1, 2016

Generally, yes; however there is the question of whether the tribal court has jurisdiction over the non-Indian parent. That question is being litigated around the country and there is no clear answer. A lot depends on the specific facts, so you should seek out competent counsel for advice.
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Q: US Citizen wanting to marry a Native Canadian/Canadian citizen

1 Answer | Asked in Native American Law and Immigration Law for Virginia on
Answered on Aug 8, 2016

If your relationship is legit and you can provide enough proof to the officers interviewing you will be fine. I suggest contacting an immigration attorney to get advice on what kind of proofs will increase your chances of approval.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be...
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Q: I was wondering if there is anything I can do to get my felony drug conviction reduced. I have finished my sentence

1 Answer | Asked in Criminal Law and Native American Law for South Dakota on
Answered on Nov 2, 2015

Probably not at this stage. Perhaps you should have a full discussion with a post conviction relief attorney in Albequerque

Q: Are native Americans sovereign from maritime law? If so, what excludes them? If my understanding of sovereign is right

1 Answer | Asked in Admiralty / Maritime and Native American Law for Oklahoma on
Answered on Sep 10, 2015

This is a complex question, and you have not supplied nearly enough information for an accurate answer. In general, native Americans, individually, are not sovereign, although their tribe may be to some limited extent.

Q: how can I transfer my civil case from tribal to state court?

1 Answer | Asked in Native American Law for Alaska on
Answered on Aug 11, 2015

If I were representing him, one of the first things I would do would be to contact the tribal court and ask what their procedures are for such a transfer. You can also ask for a copy of the court's rules. And, if all else fails, research the federal Native American law on the subject.

Q: I got a dinial from BIA .where can I file next

1 Answer | Asked in Native American Law for Florida on
Answered on Aug 7, 2015

You need specifically tailored advice from an attorney who handles these types of cases. The general practitioner, like me, is not going to know the answer without doing research.

Q: How does the defendant reverse a Wage Garnishment in Indian River County, Florida?

1 Answer | Asked in Native American Law for Florida on
Answered on Jul 26, 2015

I need to know a lot more facts to be able to give you an answer, any attorney would. It depends upon the facts.

Q: As a member of osage tribe, can I use osage nation seal on clothing?

1 Answer | Asked in Native American Law for Ohio on
Answered on Jan 30, 2015

Are you selling this clothing? Tribes typically have the rights to such symbols. If you simply want to wear the symbol, I doubt it would be a problem. If you want to sell it, you will need clearance from the tribal leadership.

Q: I am in love with a Indian man and I live in the usa how can we get married

1 Answer | Asked in Native American Law for Ohio on
Answered on Jan 15, 2015

If you are a US Citizen, an attorney can help you file the proper paperwork with USCIS to bring your fiance to the US and get him a green card. It is important to do all of this properly, otherwise, he could wind up waiting a long time to be allowed to come here so don't just fly over there and get married hoping it will all work out in the end.

Q: If a Native American marries a non native, when he dies is she entitled to his casino royalties?

1 Answer | Asked in Native American Law for California on
Answered on Feb 6, 2014

The answer to your question depends on a variety of facts that should be explored by competent counsel. Your should consult with an attorney who is familiar with federal Indian Law and probate law. Good luck.

Q: Did the Executive Branch work during the time of the Cherokee Nation v. Georgia?

1 Answer | Asked in Native American Law for Washington on
Answered on May 10, 2012

It's an unusual question. In Cherokee Nation v. Georgia the Cherokee sued Georgia seeking release of a Cherokee citizen being tried for a murder committed on the Cherokee territory, taking the position that Georgia lacked jurisdiction over that territory. While the suit was pending, Georgia executed the individual in question in defiance of a writ of habeas corpus signed by Chief Justice John Marshall. The Supreme Court ultimately dismissed the case, holding that it lacked original...

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