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    US Vs Jarvison

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    Les Paul
    The case involved a child sexual abuse where the witness refused to testify against her spouse due to spousal testimonial privilege under Navajo law. The court ruled that Navajo law applies as the Navajo Nation has authority over domestic relations laws for its members. Under Navajo tradition, the couple's participation in a traditional wedding ceremony was sufficient to create a valid marriage without documentation.

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    US Vs Jarvison

    Uploaded by

    Les Paul
    71 views1 page
    The case involved a child sexual abuse where the witness refused to testify against her spouse due to spousal testimonial privilege under Navajo law. The court ruled that Navajo law applies as the Navajo Nation has authority over domestic relations laws for its members. Under Navajo tradition, the couple's participation in a traditional wedding ceremony was sufficient to create a valid marriage without documentation.

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    131. US vs Jarvison

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    The case involved a child sexual abuse where the witness refused to testify against her spouse due to spousal testimonial privilege under Navajo law. The court ruled that Navajo law applies as the Navajo Nation has authority over domestic relations laws for its members. Under Navajo tradition, the couple's participation in a traditional wedding ceremony was sufficient to create a valid marriage without documentation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    71 views1 page

    US Vs Jarvison

    Uploaded by

    Les Paul
    The case involved a child sexual abuse where the witness refused to testify against her spouse due to spousal testimonial privilege under Navajo law. The court ruled that Navajo law applies as the Navajo Nation has authority over domestic relations laws for its members. Under Navajo tradition, the couple's participation in a traditional wedding ceremony was sufficient to create a valid marriage without documentation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    US vs Jarvison

    No. 04-2093, May 23, 2005

    FACTS:
    A child was sexually abused but the witness, Esther Jarvison, refused to testify against
    her spouse, Ben. Under the Navajo law where the spouse were under, there is a spousal
    testimonial privilage which cannot compel the spouse to testify against the other spouse.

    The govenrment argued the marriage was not valid since the Jarvisons have not
    recorded the traditional marriage.

    ISSUE: WON Navajo law applies

    RULING:
    THE COURT RULED IN THE AFFIRMATIVE. Navajo law will apply because the Navajo
    Nation retains sovereign authority to regulate domestic relations laws, including marriage
    of its Indian subjects.

    Under Navajo tradition, celebration of a traditional marriage ceremony and the


    knowledge thereof by the community were sufficient to create a valid marriage. A
    marriage license or other documentation was unnecessary. After participating in the
    traditional Navajo wedding ceremony, some couples do not obtain marriage licenses
    because, traditionally, the performance of the ceremony completely validates the union.

    Thus, Esther and Ben Jarvison have a valid marriage and that Esther Jarvison may
    invoke the privilege against adverse spousal testimony.

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