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Dollar General Case Summary

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LP 2 Seminar Assessment: Dollar General Corp., et al. v. The Mississippi Band of Choctaw Indians, et al., No. 13-1496, U.S. Sup.
Following the LA6100 course –Legal Environment for Global Organizations
Anh Quoc Nguyen
National American University

Question 1: What are the questions the court is deciding in this case? First of all, there are multiple issues involved in this case which are as follows:
• A fact that the tribal court had the power to exercise jurisdiction of the non-Indian, that met the first exemption noted in the case of Montana v United States, which allowed tribes to judge civil actions, not criminal, over non-Indian people on tribal land when the non-Indian entered into a consensual relationship with the tribe. …show more content…
Question 2: Describe the legal theories each party proffers in this case as they argue their respective cases Dollar General appealed to the U.S supreme court if Indian tribes had the power to exercise criminal jurisdiction over non-Indian peoples. The company argued that such power was dismissed by the Congress. The tribe disputed that it had the inherent tribal sovereignty until the Congress dismissed the tribe’s authority to exercise jurisdiction over civil offenses.
Question 3: Describe the law each party provides as support of each argument Dollar General brought the case of Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) to support its argument. The case was decided on March 6, 1978, with a 6-2 divided, and thereby affirmed the limited power of the tribe to exercise jurisdiction in civil actions over non-tribal members. The court eventually stated that tribal courts did not have inherent criminal jurisdiction to punish non-Indians unless the case meets some special

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