Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminallyliable for breaking the law or liable for damages under a civil lawaction. In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ... In jurisprudence, an excuse is a defense in which a defendant argues that he or she was not liable for his or her actions at the time a law was broken and thus he or she should not be held liable for a crime. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A crime in a broad sense is an act that violates a political or moral law of any one person or social grouping. ... In the most general sense, a liability is anything that is a hindrance, or puts one at a disadvantage. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... Fatale is also the title of a comic book published in the mid-1990s by Broadway Comics. ... Civil law has at least three meanings. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...
Mistake of fact is sometimes seen as valid. For example, if one were to go to an airport and pick up a bag which looked like one's own, and that bag were to contain a bomb, one might argue that a mistake had led to possession of the bomb. Another common example is taking another person's coat from a coatrack when you intended to take your own. This can also be interpreted as the lack of a mens rea. For a leading Supreme Court of Canada case on the mistaken belief defence see: R. v. Park. Massive ordinance air-burst bomb. ... Mens rea is a criminal law concept which usually results in criminal crazy people raping innocent bystanders and stealing their neighbours christmas stockings. ... R. v. ...
Mistake of fact constitutes a defense to criminalliability if it can be shown that, owing to the mistake, the accused person lacked the mental fault required to commit the crime in question.
The general rule is that ignorance or mistake of criminallaw is not a defense to criminalliability.
To prove the defense, the person must show that the idea for committing the crime originated with a law enforcement agent, that the agent persuaded him or her to commit the crime, and that he or she was not predisposed to commit such a crime.
When criminaldefendant has agreed to plead guilty in exchange for agreement by prosecutor to request a particular sentence, court must specifically warn defendant that prosecutor's recommendation is not binding on the court and that he will have no right to withdraw his guilty plea if the court imposes a harsher sentence.
Criminal trial is not a private matter between victim and defendant or his family, and anyone who enters an agreement with the purpose of rendering court unable to proceed by making evidence unavailable may be held in contempt of court.
Criminal complaint containing factual allegations of complainant officer and sources upon which the officer based such allegations, including personal investigation with interviews of identified victim, eyewitness, and treating physician, was sufficient to sustain independent judicial finding of probable cause.
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