If a member of the Cherokee tribe committed a crime in Indian Territory, which court would be responsible for the trial?
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Rule of the land, prevails on everything and anything, irrespective of tribe, religion or citizenship.
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The Cherokee are indigenous people of the South-Eastern Woodlands of the US. Any offence committed within the Indian territory by Cherokee tribes are mostly dealt with in Cherokee Tribal Court.
EXPLANATION:
- Over several generations, the Tribes have established systems for administering their communities; however they are administered by US treaties and laws, as well. Within the tribal territories multifaceted set of federal, state, and tribal laws administer all activities. Principally, Tribal courts manage cases concerning Tribal members.
- However the jurisdictional structure for cases in Indian territories is intricate. Cases concerning crimes or conflicts are considered in Tribal Courts, State Courts, or Federal Courts contingent on the situations. This implies that there are diverse laws, diverse procedures, and even diverse outcomes when activities take place.
- While the Cherokees established a court system in the 1820s, the contemporary Cherokee Court was instituted in the year 1980. The Tribal Council enacts ordinances that are imposed by the Principal Chief and the staffs of the tribal divisions. The function of the Cherokee Court is to judge criminal actions and settle civil disputes. While much of the procedures and law is similar, there are considerable differences, comprising statutes of limitation. The Cherokee Court is neither federal nor state, and has its own procedures and laws.
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