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25 U.S.C. § 1325Abatement of actions

submitted 58 years ago by Pub. L. 90-284 to r/title-25-INDIANS · 175 words · no verdicts yet

in plain englishAI-generated · not legal advice

A pending case does not end merely because the United States cedes jurisdiction. The cession takes effect for that case after final determination, and qualifying criminal cases remain in federal court.

(a) Pending actions or proceedings. A case pending before a United States court or agency immediately before a jurisdictional cession under this subchapter does not end because of the cession. For that case, the cession takes effect the day after the case is finally decided. (b) Criminal actions. A cession under this subchapter does not remove a United States court’s power to hear, decide, enter judgment in, or sentence someone in a criminal case started for an offense committed before the cession took effect, if federal law recognized the offense when committed. For that case, the cession takes effect the day after final determination.
the actual law source: uscode.house.gov ↗public domain
(a) Pending actions or proceedings; effect of cession

No action or proceeding pending before any court or agency of the United States immediately prior to any cession of jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding.

(b) Criminal actions; effect of cession

No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.

Source credit: (Pub. L. 90–284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-284 · 82 Stat. 80

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1968-04-11.

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