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LSDefine

Simple English definitions for legal terms

Mistake of Law

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A quick definition of Mistake of Law:

Term: Mistake of Law

Definition: When someone misunderstands how the law applies to a situation. This is usually not a good excuse for breaking the law, but there is one exception. If someone relied on wrong information from a government official or document, they may have a defense.

A more thorough explanation:

Definition: Mistake of Law refers to a situation where a person misunderstands the legal effect of a factual situation. It means that a person is not aware of the law or has a wrong understanding of it.

For example, if a person is caught driving under the influence of alcohol and claims that they did not know it was illegal to drink and drive, it is a mistake of law. However, this defense is not usually accepted in court.

One exception is when a person relies on a misstatement of the law in a statute, judicial opinion, or official statement from an executive officer. For instance, if a person is charged with a crime that they believed was legal because of a statement made by a government official, they may be able to use the mistake of law defense.

Overall, a mistake of law is not a reliable defense in most cases, and it is essential to have a good understanding of the law to avoid legal consequences.

Mistake of Fact | Mistrial

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