FUNDAMENTAL LAWCOMMON LAWSandra Day …基本lawcommon法桑德拉的一天….doc

PAGE PAGE 115 FUNDAMENTAL LAW/COMMON LAW (Diyin Nohookaa Dine’e Bi Beehaz’aanii) (Caveat: This compilation is limited to reported judicial opinions from 1969 through November 2008 discussing Navajo common law. While it attempts to be thorough, it does not pretend to be complete. It is intended for an understanding of how the courts have analyzed and developed traditional customs to interpret and extend Navajo law. By themselves, these extractions should not be considered as precedent. Some involve opinions that were later altered or reversed. Some refer to statutes no longer in effect. Many involve specific circumstances limited to the case. To use as precedent, one should review the whole opinion, compare it to current statutory law, as well as compare it with other related opinions.) TABLE OF CONTENTS Principles/ Background p. 4 WITCHCRAFT p. 7 HIGHER LAW p. 10 Choice of Law p. 12 Interpretation of Navajo Law p. 14 INTERPRETING STATUES IN LIGHT OF FUNDAMENTAL LAW p. 20 PROVING CUSTOM p. 20 RETROACTIVITY OF LAWS p. 21 Court/Trial Procedures p. 21 APPELLATE PROCEDURE p. 21 CIVIL PROCEDURE RULE 60 p. 23 EXPERT TESTIMONY p. 23 JURISDICTION p. 23 MOOTNESS p. 24 OPENING STATEMENTS/INFLAMMATORY LANGUAGE p. 25 NOTICE p. 25 PLEADING COMMON LAW p. 25 PRO BONO APPOINTMENT p. 27 RES JUDICATA p. 27 SECRETLY RECORDED CONVERSATIONS AS EVIDENCE p. 27 STANDING p. 27 VENUE p. 28 HORIZONTAL APPEALS p. 29 Contract p. 29 EMPLOYMENT CONTRACT p. 31 INTERPRETATION OF CONTRACT p. 33 ARBITRATION AGREEMENTS p. 33 Corporations p. 35 Criminal p. 35 RESTITUTION p. 36 SELF INCRIMNATION/ CONFESSIONS p. 38 Domestic Relations p. 39 MARRIAGE p. 40 DIVORCE p. 43 SPOUSAL MAINTENANCE p. 44 CHILD CUSTODY p. 46 RIGHT OF CHILD TO INTERVENE p. 48 JURISDICTION OVER CHILD