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Tribal Tort Law

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The legal definition of a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another person. Torts include all negligence cases as well as intentional wrongs which resulted in harm and are the most heard legal proceedings. Being that torts are various and plenty it must also be stated that a tort can be subjective depending upon the parties involved. Not only can a tort be subjective to the parties involved but also the litigation involved with defining that tort by a court of law is also subject to prejudice by those who may or may not see it as a wrongful act. While tort law may be a valid means of regulation in jurisdictions with established and accessible bodies of common law, …show more content…

This common law is not readily available information to nonmembers of the tribe. Even if an attorney is experienced in tribal law, it is all but impossible to ascertain the precise unspoken nuances of each individual tribe’s legal systems. Some tribes have websites providing information about their court systems and links to their legal codes, while others do not. In short a nonmember, even after they have hired an attorney, will be walking into a tribal court with none of the jurisprudential certainty that they would have in a state or federal court, unaware of the various elements of the claims they are defending themselves against, and unaware of what defenses might be available to …show more content…

United States. In this case, the Crow tribe wished to have the right to regulate the riverbed that was within their lands to only allow those who were tribe members to fish there. In Montana, the court held that the Tribe lacked inherent authority to preclude fishing by nonmembers on waterways within the reservation in which the tribe did not hold the beneficial interest to the underlying land. It found no clear treaty or statutory right to regulate nonmember conduct on fee lands. The court did find that for a tribe to be able to have the jurisdiction to try a nonmember that is on fee land within the reservation in a tribal court there are two factors that must be

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