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Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that "ignorance of the law is no excuse."
Glanville Williams & Dennis Baker Treatise of Criminal Law (Lexis 2021) pp. 265-283 [15] argued that mistake of fact applies to normative standards such as dishonesty in property offences and what is improper conduct in bribery offences. However, on the facts the House of Lords held the conviction was nonetheless safe despite the misdirection.
The Hynix court explains the difference between a mistake of law "where the facts are known, but the legal consequences are not, or are believed to be different than they really are" (Century Importers, Inc. v. United States, 205 F.3d 1308, 1313 (Fed. Cir. 2000)), and a mistake of fact, "where either (1) the facts exist, but are unknown, or (2 ...
Although ignorance of the law, like other mistakes of law, is not a defence, a mistake of fact may well be, depending on the circumstances: that is, the false but sincerely held belief in a factual state of affairs which, had it been the case, would have made the conduct innocent in law.
Mistakes of fact have rarely been an adequate defense at common law. In the United States, 37 states have ruled out mistake of fact as a defense to charges of attempt. [2] Mistakes of law have proved a more successful defense.
Mistake (contract law), an erroneous belief, at contracting, that certain facts are true Mistake in English contract law , a specific type of mistake, pertaining to England Mistake (criminal law) , or mistake of fact , a defense to criminal charges on the grounds of ignorance of a fact
Despite Rudakubana’s contact with state agencies such as Prevent, aimed at countering terrorism, authorities failed to stop the attack which claimed the lives of Alice da Silva Aguiar, nine ...
In law, an absolute defence (or defense) is a factual circumstance or argument that, ... or a mistake of fact that affected the intention of the litigant. References