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Native American Law Questions & Answers
Q: Is the removal of the indians from their land legal or illegal based on their agreements
Scott E Beemer's answer
Hello,
Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington, Jefferson and Lincoln opposed)? Past or present (Original lands or Tribal/Trust lands today)? Note: Many thought (i.e. Davy Crockett, etc.) that the Indian Removal Act was unconstitutional but...
Hello,
Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington, Jefferson and Lincoln opposed)? Past or present (Original lands or Tribal/Trust lands today)? Note: Many thought (i.e. Davy Crockett, etc.) that the Indian Removal Act was unconstitutional but...
Q: Are GOV vehicles registered to a tribe required to have insurance if driven off the reservation?
1 Answer
| Asked
in
Federal Crimes, Personal Injury, Car Accidents and Native American Law
for
Washington
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Peter Munsing's answer
Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.
Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.
Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?
Scott E Beemer's answer
Hello,
I am sorry to hear of your situation.
In New Mexico the following tribes have agreements with CYFD:
Mescalero Apache
Navajo Nation
Pueblo of Jemez
Pueblo of Tesuque
Therefore, if you are a member of these tribes CYFD will have jurisdiction under ICWA and CYFD Agreement. In reference to following procedures, I do not know the particulars of the case or whether there were emergent circumstances that warranted the CYFD action(s) in...
Hello,
I am sorry to hear of your situation.
In New Mexico the following tribes have agreements with CYFD:
Mescalero Apache
Navajo Nation
Pueblo of Jemez
Pueblo of Tesuque
Therefore, if you are a member of these tribes CYFD will have jurisdiction under ICWA and CYFD Agreement. In reference to following procedures, I do not know the particulars of the case or whether there were emergent circumstances that warranted the CYFD action(s) in...
Q: What is the monety amou t required bond or surety for a city manager
1 Answer
| Asked
in
Admiralty / Maritime, Constitutional Law, International Law and Native American Law
for
Oregon
on
Answered on Oct 31, 2018
Answered on Oct 31, 2018
Timur Akpinar's answer
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
Q: Could I sue someone for using a logo that's part of my religion
1 Answer
| Asked
in
Copyright, Civil Rights and Native American Law
for
Illinois
on
Answered on Oct 21, 2018
Answered on Oct 21, 2018
Gary Kollin's answer
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.
Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.
Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians
1 Answer
| Asked
in
Family Law, Appeals / Appellate Law, Civil Rights and Native American Law
for
California
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Native American Law
for
New York
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.
My practice is chiefly concerns criminal law, and I have been voted by members of legal community as one of the top 10 criminal lawyers in New York (see link at bottom of answer).
Further, if in fact your son was unrepresented in certain key portions but...
This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.
My practice is chiefly concerns criminal law, and I have been voted by members of legal community as one of the top 10 criminal lawyers in New York (see link at bottom of answer).
Further, if in fact your son was unrepresented in certain key portions but...
Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights
Richard Winblad's answer
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.
Steve McCann's answer
No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your options moving forward, as it is highly likely this debt collector is in violation of the FDCPA which would entitle you to damages.
No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your options moving forward, as it is highly likely this debt collector is in violation of the FDCPA which would entitle you to damages.
Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?
Gary Johnston Dean's answer
Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.
Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.
Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.
Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.
Q: Do I have to repay a tribal loan?
Mark Oakley's answer
It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.
It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.
Q: Can a mothers rights be terminated while the mother is incarcerated?
Gary Johnston Dean's answer
There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.
Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law
There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.
Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.
2 Answers
| Asked
in
Native American Law and Patents (Intellectual Property)
for
Maryland
on
Answered on Nov 13, 2017
Answered on Nov 13, 2017
Peter D. Mlynek's answer
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.
The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.
The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name
1 Answer
| Asked
in
Civil Litigation, Family Law, Consumer Law and Native American Law
for
Oklahoma
on
Answered on Oct 30, 2017
Answered on Oct 30, 2017
Pete David Louden's answer
Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.
Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.
Q: I need a native law lawyer for sexual harassment. I work for a native casino
1 Answer
| Asked
in
Native American Law and Sexual Harassment
for
California
on
Answered on Jun 29, 2017
Answered on Jun 29, 2017
Ali Shahrestani, Esq.'s answer
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey
Leonard R. Boyer's answer
No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.
Robert Donald Gifford II's answer
There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.
There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.
Q: In a compact of free association, can congress give US citizenship to the people of a sovereign country?
Robert Donald Gifford II's answer
I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.
I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.
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