Does Native American law apply to tribal members or non-tribal members?
Native American law applies differently to tribal members and non-tribal members in California. Generally, tribal members are subject to both the laws of the United States, and the laws of their own tribal nation. The laws that tribal members must follow are determined by their tribal government. The laws of the United States generally apply to both tribal members and non-tribal members. However, there are certain situations where Native American law will apply in a different way to non-tribal members. For example, tribal courts generally have the power to hear cases involving both tribal and non-tribal members, such as cases involving contract disputes or negligence claims. With respect to criminal laws, non-tribal members typically fall under the jurisdiction of the federal government. However, there are some instances in which a state may have jurisdiction over a crime committed by a non-tribal member on a reservation. This is often referred to as "dual jurisdiction," and it allows tribal nations to punish non-tribal members for certain crimes committed within their jurisdiction. In general, Native American law applies to both tribal and non-tribal members in California. However, the extent to which it applies may depend on the specific circumstances of the case. It is important to understand the differences between the two and be aware of how Native American law may affect a particular situation.
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