Mistake of Fact

• 19 CFR 173.4 - Correction of clerical error, mistake of fact, or inadvertence.

• Code of Federal Regulations - Title 19: Customs Duties

• Mistake of Fact

An error that is not caused by the neglect of a legal duty on the part of the person committing the error but rather consists of a...

• West's Encyclopedia of American Law
• Mc–Pl

• A big mistake: eroding the defense of mistake of fact about consent in rape.

The erosion of the defense of mistake in fact to a charge of rape and the development of the rule of equivocality results from growing judicial discomfort with an expansion of this defense. The rule of equivocality revives, in inverted form, the legal rules repudiated by rape reform law of the last two decades. The mistake defense is limited by requiring that a mistake be both genuine and reasonable and this is sufficient education to sexual actors about acceptable behavior without subverting fundamental criminal law and procedure. This limitation prevents rampant use of the mistake defense without the rule of equivocality.

• Journal of Criminal Law and Criminology
• Vol. 86 Nbr. 3, March 1996

• Dragway 42, L.L.C. v. Kokosing Constr. Co., Inc., (Ohio 2010)

plain error, jury instructions, failure to object, mistake of fact, differing site conditions, breach of contract

• Ohio Supreme Court

• Jordan v Knafel: a troubling take on mutual mistake: the first district found in favor of Michael Jordan against his former mistress in an opinion that, while interesting, includes a troubling analysis of the mutual-mistake-of-fact doctrine. This article considers the ramifications of the ruling and suggests practice pointers.

As readers of Chicago newspapers are well aware, Michael Jordan and his former mistress, Karla Knafel, engaged in long-running litigation in Illinois ...

• Illinois Bar Journal
• Vol. 97 Nbr. 6, June 2009

• Mistake of fact in the objective theory of justification: do two rights make two wrongs make two rights...?

The two main versions of the objective theory of justification produce contradictions when applied to a hypothetical case of mutual reasonably mistaken acts of self-defense. If two people each erroneously believe the other is about to attack them, and preemptively attack the supposed attacker, under the objective theory each is simultaneously justified and not justified. The subjective theory of justification avoids this paradox.

• Journal of Criminal Law and Criminology
• Vol. 85 Nbr. 2, September 1994

• State ex rel. McNea v. Indus. Comm., (Ohio 2010)

Respondents Industrial Commission's and City of Parma's objections to the magistrate's decision recommending the granting of a writ of mandamus. The commission retains jurisdiction to consider claimant's right to permanent total disability compensation based upon (1) new and changed circumstances; (2) fraud; (3) clear mistake of fact; (4) clear mistake of law; and (5) error by inferior tribunal. The failure of the staff hearing officer to address the impact of relator's admitted drug trafficking on the bureau's right to recover paid PTD benefits was a mistake of fact and law which authorized the commission to exercise continuing juridiction. Writ denied.

• Ohio Supreme Court

• State ex rel. Meris v. Indus. Comm., 108 Ohio St.3d 113 (2006)

Workers’ compensation – R.C. 4123.52 – Continuing jurisdiction of Industrial Commission – Motion for reconsideration based on mistake of fact.

• Ohio Supreme Court

• State v. Kinzy, (Ohio 2010)

Validity of traffic stop on private property; consensual encounters with police; reasonable suspicion; Terry stops; deputy's mistake of fact did not require suppression of evidence where mistake objectively reasonable.

• Ohio Supreme Court

• McGowan v. McDowell, (Ohio 2009)

JUVENILE - child support; termination of support; R.C. 3119.89; arrearage; mistake of fact hearing; res judicata; collection proceedings; former Ohio Adm.Code 5101:12-60-50(E); JFS 07617

• Ohio Supreme Court