WHAT IS THE DIFFERENCE BETWEEN A MISTAKE OF FACT VS A MISTAKE OF LAW?
Автор: The Matian Firm
Загружено: 2019-10-03
Просмотров: 338
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The question is, explain the difference or provide the definition between a mistake of fact and a mistake of law?
So let's break this down into two separate questions what is mistake a fact okay so mistake of fact can be a defense to a crime and I'll give you a wonderful example of a mistake effect let's say I'm wearing this watch that I'm wearing now and I go to the gym and I put my watch down to go do my workout and I come back and I want to pick up my watch well let's say there's somebody else working out at the gym and that person has the exact same watch as me and that person left it in a place that was close to my place and I took his watch but I took it by accident and I went home and I went about my day later on I get charged with a crime of theft okay well reasonably my defense is going to be hold on I never intended to steal anything this was just a mistake of fact I picked up the wrong watch look at this watch looks the same make same model same color same everything it is reasonable for me to use that as a defense and it's probably a wonderful defense because that is a mistake of fact a mistake of law is completely different a mistake of law is typically not a defense in the majority of jurisdictions across the nation and a mistake of law is basically someone trying to say I was not aware of a law that I violated I did not know about the live that is not a wonderful defense typically laws are made public okay and everybody has a there's an implication that everybody knows what the law is so that's the difference between a mistake of law and a mistake of fact.
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