Seattle Family Law Attorney

Code	A tribal code should include all of the ordinances, resolutions, other sources of written law, and any standardized, but unwritten procedures followed by tribal government or the tribal court. Laws on the same subject, for example, civil procedure, should be organized into titles. The numbering system should be expandable so that new ordinances can be easily added.
Employment Disputes	Employment disputes in Indian Country are typically a matter of tribal law, even if the employee is not a tribal member. Attempts to try employment disputes in state or federal court almost always fail.
Enrollment	The candidate for enrollment must have a certain amount of “Indian” blood, usually one eighth. In addition, a percentage of that blood often must be from the candidate’s own Tribe.
Federally Recognized Indian Tribe	Indian tribes are subject to the plenary power of the U.S. Congress. Congress, acting through the U.S. Bureau of Indian Affairs, has determined which tribes have a legal right to exist and therefore receive services and which do not. The current list contains approximately 564 tribes. The U.S. has a fiduciary duty to protect the trust resources of all federally recognized Indian tribes. If a tribe is not on the list, it may apply for federal recognition, but the success rate is not high.
Indian Child Welfare Act	The Indian Child Welfare Act (“ICWA”) is a forum selection statute. It determines whether your Indian child custody dispute will be heard in state or tribal court. ICWA usually applies in the context of a custody dispute between an Indian guardian or parent who has had de minimus contact with the child for many years and the child’s non-Indian foster parents or guardians.
Indian Law	Indian law focuses on the intersection of federal, state, and tribal law. These days, it touches the daily lives of hundreds of thousands of people in the State of Washington, both tribal and non-tribal.
Jurisdiction	Indian law lives in the peaks and valleys of three different sovereigns: the United States, the State of Washington, and the tribe. Per the doctrine of discovery, conquest, and the U.S. Constitution, the United States is the supreme sovereign.
Sovereign Immunity	Most civil suits against Indian tribes are precluded by sovereign immunity. The doctrine of sovereign immunity traces its origins to early English common law when all authority derived from the King or the Queen. Since the King authorized the courts to hear cases on his behalf, the courts were without authority to hear cases against the king or his agents.

Indian Law Glossary