Native American Law View Questions by State

Your current state is Ohio


US Territories

  • Puerto Rico

Show More States

Lawyers, Answer Questions  & Get Points Log In
Native American Law Questions & Answers
1 Answer | Asked in Native American Law for Oregon on
Q: How do I get justice when being denied do proccess through tribal court?

I live on the rez was assaulted on rez by a tribal member who also lives on rez. He was given a peace giver, yet I've still received no word from tribal court. I'm also a tribal member, not from same tribe however.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

If you feel that you've been denied due process by the tribal court, there are a few steps you can take to seek justice. Firstly, try to directly contact the tribal court to inquire about the status of your case. There may be delays or misunderstandings that can be resolved through... View More

2 Answers | Asked in Native American Law for Utah on
Q: Where can I purchase 25 usc and 25 cfr .
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

You can have those for free online. If you want hard-copy, paperbound books, there are government printing offices (or commercial publishers) that sell them. But if an online reference will do for your needs, you could find those (and other U.S. Codes and Codes of Federal Regulations) online for... View More

View More Answers

2 Answers | Asked in Native American Law for Utah on
Q: Where can I purchase 25 usc and 25 cfr .
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

You can purchase copies of Title 25 of the United States Code (USC) and Title 25 of the Code of Federal Regulations (CFR), which relate to Native American law, from several sources.

The U.S. Government Publishing Office (GPO) is a reliable source for purchasing official government...
View More

View More Answers

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More

View More Answers

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
View More

View More Answers

1 Answer | Asked in Native American Law, Criminal Law and Juvenile Law for Louisiana on
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged

They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

View More Answers

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

View More Answers

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Native American Law on
Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?

Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In cases involving the guardianship of an adult with a brain or head injury, the legal requirements can vary depending on the state's laws. Generally, guardians are expected to act in the best interests of the ward, which includes regular evaluations of their condition and needs.... View More

View More Answers

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Native American Law on
Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?

Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations... View More

View More Answers

1 Answer | Asked in Native American Law, Copyright and Intellectual Property for Kentucky on
Q: Can websites owners came after me for using the quotes on their sites by famous people?

I would like to use this quote in my book

Some are born great, some achieve greatness, and some have greatness thrust upon them.

William Shakespeare

But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired.

However, when sourcing...
View More

1 Answer | Asked in Copyright, Intellectual Property and Native American Law for Kentucky on
Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?

Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely.

However, the situation regarding altering works...
View More

1 Answer | Asked in Native American Law for Oklahoma on
Q: Can a officer towed my truck without pullinge over if just needed a jump to move and it was legal and I had driv licenc

It was in tushka oklahom

a by blackwood

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different.

First, it's important to determine whether your vehicle was obstructing...
View More

1 Answer | Asked in Federal Crimes, Civil Rights and Native American Law for Oklahoma on
Q: If a case is to be heard in a district federal court, but the defendants are considered "assigned" to the district

Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different... View More

2 Answers | Asked in Native American Law for Nebraska on
Q: What is the native American law if a court system refuses a jurisdiction hearing for the minor children?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

I'm not sure which law specifically you are looking for. It could be one of several.

You might want to take a look at the Nebraska Indian Child Welfare Act (Nebraska Revised Statutes 43-1501 to 43-1517). You could also take a look at the Uniform Child Custody Jurisdiction and...
View More

View More Answers

2 Answers | Asked in Native American Law for Nebraska on
Q: What is the native American law if a court system refuses a jurisdiction hearing for the minor children?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Under Native American law, particularly the Indian Child Welfare Act (ICWA), if a state court refuses to hold a jurisdiction hearing for minor children who are members of a tribe or are eligible for membership, there are specific steps that can be taken.

Firstly, the ICWA provides tribes...
View More

View More Answers

Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art

Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency... View More

1 Answer | Asked in Federal Crimes, Domestic Violence and Native American Law for Oklahoma on
Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do

The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their... View More

1 Answer | Asked in Business Formation, Business Law and Native American Law for South Dakota on
Q: how can i protect my self from someone who is writing my grants for my treatment

he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More

1 Answer | Asked in Native American Law and Criminal Law for Texas on
Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation

They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.