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searching for Mistake of law 40 found (169 total)

Heien v. North Carolina (904 words) [view diff] exact match in snippet view article find links to article

United States Supreme Court, ruling that a police officer's reasonable mistake of law can provide the individualized suspicion required by the Fourth Amendment

Mistake (contract law) (2,643 words) [view diff] exact match in snippet view article

Tsavliris (International) Ltd (2002). Mistake can be mistake of law, or mistake of fact. Mistake of law is when a party enters into a contract, without the

Local authorities swaps litigation (5,918 words) [view diff] exact match in snippet view article find links to article

ground of mistake of law. ... It is no defence to a claim in English law for restitution of money paid or property transferred under a mistake of law that

Misrepresentation (5,220 words) [view diff] exact match in snippet view article find links to article

Benson Ltd v Lincoln City Council [1999] 2 AC 349, abolished a bar on mistake of law bar and Pankhania v Hackney LBC [2002] EWHC 2441 (Ch) held the same

2014 term United States Supreme Court opinions of John Roberts (47 words) [view diff] exact match in snippet view article find links to article

574 U.S. ___ (2014) Fourth Amendment • reasonableness of search • mistake of law by police Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Kagan 402

2014 term United States Supreme Court opinions of Elena Kagan (47 words) [view diff] exact match in snippet view article find links to article

574 U.S. 68 (2014) Fourth Amendment • reasonableness of search • mistake of law by police Ginsburg 103 Kansas v. Nebraska 574 U.S. 445 (2015) Republican

2014 term United States Supreme Court opinions of Elena Kagan (47 words) [view diff] exact match in snippet view article find links to article

574 U.S. 68 (2014) Fourth Amendment • reasonableness of search • mistake of law by police Ginsburg 103 Kansas v. Nebraska 574 U.S. 445 (2015) Republican

2014 term United States Supreme Court opinions of Sonia Sotomayor (47 words) [view diff] exact match in snippet view article find links to article

574 U.S. 71 (2014) Fourth Amendment • reasonableness of search • mistake of law by police 105 T-Mobile South, LLC v. City of Roswell 574 U.S. 293 (2015)

Re Diplock (726 words) [view diff] exact match in snippet view article find links to article

personal representatives were exhausted. Lord Simonds discussed why a mistake of law was different from a mistake of fact, because ignorantia juris neminem

Will and testament (4,439 words) [view diff] exact match in snippet view article find links to article

this doctrine, courts may disregard a revocation that was based on a mistake of law on the part of the testator as to the effect of the revocation. For

Sempra Metals Ltd v IRC (263 words) [view diff] exact match in snippet view article find links to article

EU law. Sempra Metals claimed the tax back, as it was paid under a mistake of law, and it demanded compound interest, the time value of the money. The

Investment Trust Companies (in liq) v HM Revenue and Customs (340 words) [view diff] exact match in snippet view article

full VAT amount at the expense of the ITCs. The unjust factor was the mistake of law that the VAT was due, and there was a causal link between the mistake

Satyam Shivam Sundaram (1,575 words) [view diff] exact match in snippet view article find links to article

justified by law, or who because of a mistake of fact and not because of a mistake of law in good faith, believes himself to be justified by law, in doing it

Anton Dostler (1,464 words) [view diff] case mismatch in snippet view article find links to article

Retrieved July 15, 2013. Annemieke Van Verseveld (November 5, 2012). Mistake of Law: Excusing Perpetrators of International Crimes. T.M.C. Asser Press.

Kingstreet Investments Ltd v New Brunswick (Finance) (691 words) [view diff] exact match in snippet view article

in the context of recovery of taxes and other charges paid under a mistake of law... 46. [Quoting Brennan J in the Australian Royal Insurance case...]

Stuart Rabner (3,569 words) [view diff] exact match in snippet view article find links to article

Court's ruling in Heien v. North Carolina, which held that a reasonable mistake of law could justify a stop under the Fourth Amendment, and noted that the

Council of Civil Service Unions v Minister for the Civil Service (3,906 words) [view diff] exact match in snippet view article find links to article

of a decision by ascribing it to an inferred though unidentifiable mistake of law by the decision-maker. "Irrationality" by now can stand upon its own

List of United States Supreme Court cases by the Rehnquist Court (68 words) [view diff] exact match in snippet view article find links to article

executed is impermissible Cheek v. United States 498 U.S. 192 (1991) mistake of law is a valid defense to criminal tax evasion because of mens rea Board

Woolwich Building Society v IRC (363 words) [view diff] exact match in snippet view article find links to article

there should be no taxation without legislation. Lord Slynn said the mistake of law bar was ‘open to review by your Lordships’ House’. Lord Keith dissented

Tax noncompliance (6,461 words) [view diff] exact match in snippet view article find links to article

to the general rule under U.S. law that "ignorance of the law or a mistake of law is no defense to criminal prosecution". Under the Cheek Doctrine (Cheek

State v. Mitchell (1,077 words) [view diff] exact match in snippet view article find links to article

acts fail to fulfill all the required common law elements of a crime. Mistake of law has proved a successful defense. An example of a legally failed attempt

Margaret Briggs (515 words) [view diff] exact match in snippet view article find links to article

1988, and went to complete a Master of Law with distinction, titled Mistake of law at the University of Otago in 1994. Briggs then joined the faculty of

Texas Penal Code (1,536 words) [view diff] exact match in snippet view article find links to article

Criminal Responsibility Covers the insanity defense, mistake of fact, mistake of law, intoxication, duress, entrapment, and the responsibility and capacity

Kit Kinports (615 words) [view diff] case mismatch in snippet view article find links to article

Ky. L. Rev. 43: 359. SSRN 2763240. Kinsport, Kit (2016). "Heien's Mistake of Law". Ala. L. Rev. 68: 121. Kinsport, Kit (2015). "The Myth of Battered

Habeas corpus in the United States (8,272 words) [view diff] exact match in snippet view article find links to article

constitutional right invoked to vacate a state court conviction rooted in a mistake of law by the state court must have "resulted in a decision that was contrary

Test Claimants in the Franked Investment Income Group Litigation v IRC (796 words) [view diff] exact match in snippet view article find links to article

unlawfully demanded taxes after Woolwich. A separate action was for a mistake of law, including tax paid in ignorance of incompatibility with EU law. The

Cheek v. United States (2,597 words) [view diff] exact match in snippet view article find links to article

S. criminal law, the general rule is that ignorance of the law or a mistake of law is not a valid defense to criminal prosecution (see also Ignorantia

Prosecutorial vindictiveness (1,541 words) [view diff] exact match in snippet view article find links to article

based on the discovery of new evidence, a prosecutor's inexperience, mistake of law, or an intervening event. The Supreme Court has not addressed the question

English unjust enrichment law (6,821 words) [view diff] exact match in snippet view article find links to article

too much advance corporation tax to the public revenue. But for this mistake of law, the payment would have been deferred to a later time. The company sought

California Unfair Competition Law (2,040 words) [view diff] exact match in snippet view article find links to article

strict liability statute, other equitable defenses such as "good faith, mistake of law and lack of wrongful intent are generally inapplicable [to] a UCL action

2014 in the United States (17,873 words) [view diff] exact match in snippet view article find links to article

Retrieved December 15, 2014. Kerr, Orin (December 15, 2014). "Reasonable mistake of law can generate reasonable suspicion, Supreme Court holds". The Washington

Thompson v Arnold (2,586 words) [view diff] exact match in snippet view article find links to article

or to any will At an early stage, prior to pleadings being issued, a mistake of law had been made by the head of the solicitor and counsel for the claimant

Boštjan Zupančič (2,123 words) [view diff] case mismatch in snippet view article find links to article

Seton Hall, 400 pages (textbook), 1985 Criminal Responsibility under Mistake of Law: the Real Reasons, 13th American Journal of Criminal Law, 37–66, 1985

Gabriel Hallevy (1,570 words) [view diff] case mismatch in snippet view article find links to article

Crimes against Women in Societies Absorbing Immigrants – Rejecting the "Mistake of Law" Defense and Imposing Harsher Sentencing", 16 Cardozo Journal of Law

Depp v News Group Newspapers Ltd (10,364 words) [view diff] exact match in snippet view article find links to article

been shown even arguably to be vitiated by any error of approach or mistake of law". Mr. Justice Nicol had not made his judgment based on Heard's witness

List of United Kingdom Supreme Court cases (6,181 words) [view diff] exact match in snippet view article find links to article

Resolution Blog". LexisNexis. "Supreme Court restricts limitation period for mistake of law claims". Simmons & Simmons. 4 December 2020. "From Deepwater to clear

Solle v Butcher (4,092 words) [view diff] exact match in snippet view article find links to article

dissenting, said the contract could not be rescinded because it was a mistake of law. The doctrine of equitable mistake was doubted by the Court of Appeal's

Operations Ginny I and II (3,470 words) [view diff] case mismatch in snippet view article find links to article

Retrieved July 15, 2013. Annemieke Van Verseveld (November 5, 2012). Mistake of Law: Excusing Perpetrators of International Crimes. T.M.C. Asser Press.

South African contract law (36,863 words) [view diff] exact match in snippet view article find links to article

entering into a contract is not regarded as material. An error iuris is a mistake of law and is not regarded as material if it relates to motive. A denial of

Wilko v. Swan (11,401 words) [view diff] exact match in snippet view article find links to article

the law." While it actually seems to echo a reference to "manifest mistake of law" in the much earlier United States v. Farragut, its usage in Wilko has