Does Native American law apply to tribal members or non-tribal members?
In Virginia, Native American law applies differently to tribal members and non-tribal members. Tribal members are subject to the laws of the tribal government in which they are part of. These laws, called “Tribal Law”, are developed and enforced by tribal government. Tribal law governs tribal members who live on reservations and in other places. Because Native American tribes are considered separate governments, they have authority to create their own laws and court systems. This means that tribal members are subject to both tribal laws and state laws, depending on where they live. Non-tribal members, however, are only subject to state laws. This means that the laws established by a Native American tribe do not apply to non-tribal members. State laws and tribal laws can differ greatly on a variety of subjects, from marriage and divorce to fishing and hunting rights. This means that non-tribal members may not be aware of certain laws established by a tribe, and should consult state laws for clarification. In summary, Native American law applies to Native American tribal members, who are subject to both tribal and state laws. Non-tribal members, however, are subject only to state law, and should consult state laws for clarification when dealing with specific matters.
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