Mistake

Mistake in United States

Mistake Definition

An erroneous conception, conviction, or belief in respect to matter of either fact or law, arising from ignorance, surprise, imposition, or misplaced confidence. See Story, Eq. Jur. § 110. 159 Iowa 529. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would not have done. Jeremy, Eq. Jur. bk. 2, pt. 2, p. 358. An erroneous mental condition, conception, or conviction induced by a misapprehension of the truth, without which the act complained of would not have taken place. 159 Iowa 529. Distinction between “mistake” and “ignorance,” see “Ignorance.”

Mistake in Foreign Legal Encyclopedias

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Mistake Mistake in the World Legal Encyclopedia.
Mistake Mistake in the European Legal Encyclopedia.
Mistake Mistake in the Asian Legal Encyclopedia.
Mistake Mistake in the UK Legal Encyclopedia.
Mistake Mistake in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Mistake

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Mistake Mistake in the Family Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the IP Portal of the American Encyclopedia of Law.
Mistake Mistake in the Commercial Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the Criminal Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the Antritrust Portal of the American Encyclopedia of Law.
Mistake Mistake in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the Constitutional Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the Tax Law Portal of the American Encyclopedia of Law.
Mistake Mistake in the and Finance and Banking Portal of the American Encyclopedia of Law.
Mistake Mistake in the Employment and Labor Portal of the American Encyclopedia of Law.
Mistake Mistake in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Mistake Mistake in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

An erroneous conception, conviction, or belief in respect to matter of either fact or law, arising from ignorance, surprise, imposition, or misplaced confidence. See Story, Eq. Jur. § 110. 159 Iowa 529. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would not have done. Jeremy, Eq. Jur. bk. 2, pt. 2, p. 358. An erroneous mental condition, conception, or conviction induced by a misapprehension of the truth, without which the act complained of would not have taken place. 159 Iowa 529. Distinction between “mistake” and “ignorance,” see “Ignorance.”

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Notice

This definition of Mistake Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Mistake (Heightened Pleading Requirements)

This section introduces, discusses and describes the basics of mistake. Then, cross references and a brief overview about Heightened Pleading Requirements is provided. Finally, the subject of Pleadings in relation with mistake is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

  • Legal Topics.
  • Attempt; Excuse: Theory; Mens Rea; Strict Liability.

    ACCEPTABILITY, BAD ENGLISH, BARBARISM, CATACHRESIS, CORRECT, DEVIANT, FREUDIAN SLIP, GRAMMATICALITY, LITERAL, MALAPROPISM, MISPRONUNCIATION, PLEONASM, SOLECISM, SPOONERISM, TAUTOLOGY.

    Further Reading (Books)

    Alexander, Larry. “Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Bayles.” Law and Philosophy 12 (1993): 33_70.

    American Law Institute. Model Penal Code: Proposed Official Draft. Philadelphia: ALI, 1962.

    Bayles, Myke. Principles of Law: A Normative Analysis. Dordrecht, Netherlands: Kluwer Academic Publishers, 1987.

    Dressler, Joshua. Understanding Criminal Law. 2d ed. New York: Matthew Bender/Irwin, 1995.

    Husak, Douglas, and von Hirsch, Andrew. “Culpability and Mistake of Law.” In Action and Value in Criminal Law. Edited by Stephen Shute, John Gardner, and Jeremy Horder. Oxford: Clarendon Press, 1993, Pages 157_174.

    Kadish, Sanford H., and Schulhofer, Stephen J. Criminal Law and Its Processes. Boston: Little, Brown, 1995.

    Note. “Element Analysis in Defining Criminal Liability.” Stanford Law Review 35, no. 4 (1983): 681_762.

    Simons, Kenneth W. “Mistake and Impossibility, Law and Fact, and Culpability: A Speculative Essay.” Journal of Criminal Law & Criminology 81 (1990): 447_517.

    Wharton, Francis. Criminal Law. 12th ed. Rochester, N.Y.: Lawyer’s Co-operative, 1932.

    Further Reading (Articles)

    Mistakes: An Accidental Essay, American Music Teacher; February 1, 2010; Fairchild, Lisa

    Making Mistakes Gracefully, Security Management; May 1, 2001; Cottringer, William

    Ten Mistakes that Print Owners Make.(Features)(Reprint), Quick Printing; September 1, 2007

    Mistakes, Texas Law Review; June 1, 2001; Dagan, Hanoch

    MISTAKES ARE ALMOST EVERYWHERE., The Shopper Report; February 1, 1999

    Mistake makeovers: an experienced buyer explains how to recognize, prevent, learn from, and make the best of buying mistakes.(BUSINESS FORUM), Gifts & Decorative Accessories; February 1, 2006; Schwartz, Meredith

    Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions.(Book review), Michigan Law Review; May 1, 2006; Rowley, Keith A.

    Mistakes can easily be made., Purchasing; February 8, 2001; Murray Jr., Dr. John

    Embrace mistakes so your organization can thrive., American Salesman; May 1, 2007; Lindquist, Marsha

    Embracing Mistakes., Securities Industry News; October 18, 2004

    Admitting mistakes is best choice, Post-Tribune (IN); November 23, 2004; Danita Johnson Hughes

    “BRILLIANT MISTAKES” BOOK AND CONTEST CHALLENGE EXECUTIVES AND ENTREPRENEURS TO LEARN FROM BLUNDERS WHARTON DIGITAL PRESS AUTHOR PAUL SCHOEMAKER CONSIDERS MISTAKES AS “PORTALS OF DISCOVERY” THAT CAN LEAD TO BREAKTHROUGH INNOVATION., States News Service; November 10, 2011

    The art of making mistakes., Supervision; January 1, 2003; Ramsey, Robert D.

    Making mistakes (Part 1). (The Bridge).(Brief Article)(Column), Walls & Ceilings; February 1, 2002; Syken, J.M.

    Mistake, Mistake, Mistake, Mistake, Santa Fe Reporter; August 30, 2006; Sauthoff, Patricia

    Mistake, Encyclopaedia Judaica; January 1, 2007; Albeck, Shalom Elon, Menachem
    Dealing with mistakes.(THE HOME FORUM), The Christian Science Monitor; July 9, 2009; Roegge, Bea

    Despite Ethics, Medical Mistakes Go Unreported, The Washington Times (Washington, DC); December 5, 1997; Price, Joyce Howard

    Use Mistakes to Foster Innovation, Research-Technology Management; March 1, 2008; Prather, Charles W.

    Calibration mistakes: thread plug gages: the more complex the gage, the more room for mistakes.(OTHER DIMENSIONS)(Editorial), Quality; June 1, 2011; Cox, Hill


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