The most easily understood definition of jurisdiction is physical. When one
enters the boundaries of a city, town, village, state, or country, one enters
that particular jurisdiction. But more importantly, jurisdiction is the power or
right to govern, regulate, legislate, interpret, and exercise authority.
Like everything else, jurisdiction in Indian Country is not so simple. A
host of variables affect the ability of tribal governments to assert their jurisdiction,
including:
- race/ethnicity of parties involved
- nature of offense: criminal vs. civil
- nature of criminal offense: misdemeanor or felony crime
- the "checkerboard" pattern of Indian owned and non-Indian owned parcels of land
present on many reservations due to allotment or leases
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