Delores and Victor both work at an upscale farm-to-table restaurant, the Hungry Otter, that operates within the Otter River Indian Tribe's ("Tribe") reservation.  Delores is the Hungry Otter's head chef, is not a member of any tribe, and lives three miles north of the reservation.  Victor is a food server, a two-time "Food Server Olympics" gold-medalist, and a Tribe member living in the reservation.  Delores' culinary creations and Victor's customer service skills have earned the restaurant a fantastic reputation far beyond the reservation.  The Hungry Otter has won numerous culinary awards for its seasonal dishes and traditional indigenous cuisine and a high number of online reviews for its customer service. 

Delores and Victor's work relationship often required them to work late together.  One night, Victor asked Delores if she would like to get a bite to eat after work.  She accepted. After the restaurant closed, Victor cleaned up the food servers' area.  When he finished, he was surprised to see Delores cooked them both dinner and the food was ready to eat at a two-person table in the restaurant.  They talked until the early morning hours and realized they had more in common than just the restaurant. 

Delores and Victor started dating.  Three weeks later, they both worked an evening shift.  Delores could not wait to celebrate their three-week anniversary after work watching movies at Victor's house.  A restaurant host sat a bachelorette party of twelve women in Victor's section forty-five minutes before his shift ended.  Victor recommended that Delores meet him at his house instead of waiting and assured her he would be there as soon as possible. 

A mere ninety-minutes passed before Victor reached his house.  He was excited to celebrate their anniversary and approached Delores while she was in his kitchen.  When Victor got close, Delores yelled, while holding a knife, "I saw the bachelorette flirting with you and you flirting back! I can't believe you embarrassed me like that in my restaurant and on our anniversary!"  Delores punched Victor in the face using the knife handle.  When he stumbled, she pushed him down.  She kicked Victor in the stomach several times.  A neighbor heard Delores' yelling and called the tribal police who arrived a few moments later.

The tribal police reviewed Victor's Nest home camera video footage. They arrested Delores for assault and battery under the Tribe's criminal code that extends to all people and conduct within the reservation.  The next day, Delores was arraigned in tribal court, pled not guilty, and challenged the tribal court's jurisdiction over her.  She argued that her alleged conduct is for state courts to deal with. 

Delores' family reached out to you because you are in a Tribal Criminal Law and Procedure class at the law school.  They know you are not a licensed attorney, so they were careful to ask for legal information and not legal advice.  Delores' family specifically asked you to help them better understand the relevant law(s) and applicable exceptions (if any), identify what both Delores' and the Tribe's best arguments are in this case, and the potential outcome(s). Use IRAC format for each issue. 

Answer rating: 100% (QA)

Issue 1 Jurisdiction of Tribal Court Rule Tribal courts have jurisdiction over criminal offenses that occur within the boundaries of the reservation i... View the full answer