01-17-2008
|
#1 |
| New
Join Date: Oct 2007
Posts: 56
| Indian Law and the 2008 New York Bar Exam
Given this question appeared on the July 2007 exam, I would think so but neither the state web site or BarBri seem to indicate that it is being tested on for Feb or July 08. Quote: |
Applicants’ law firm represents Robert Black Hawk and other members of the Black Eagle Tribe who have sued Acme Resources, Inc., a mining company, in tribal court seeking to recover for damage caused by Acme’s mining coal bed methane from under reservation land, in addition to an injunction ordering Acme to cease its mining activities. The Tribe members claim that their water wells are running dry, leaving them without water for livestock and crops, because Acme’s mining activities are depleting the water table. Acme’s answer to the tribal court complaint denies liability for the alleged harm and also denies that the tribal court has jurisdiction in this matter. Subsequently, Acme filed suit in federal court requesting a declaratory judgment that the tribal court lacks jurisdiction over Acme and seeking an injunction against the tribe members’ prosecution of the tribal court action. Applicants are asked to draft the argument section of a brief in support of a motion for summary judgment in the federal action or, in the alternative, to dismiss or stay the action on the grounds that the tribal court has jurisdiction and that Acme has failed to exhaust its tribal court remedies before pursuing its complaint in federal court. The File contains an instructional memorandum, a transcript of a client interview, a copy of Acme’s complaint filed in U.S. District Court, a draft motion for summary judgment or, in the alternative, to dismiss or stay, and affidavits from a tribe member and a geologist. The Library contains excerpts from the tribe’s constitution and tribal code and one case.
| Category: NY - New York Bar Exam
|
|  |