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Mistake

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Mistake
(n) Mistake is the wrong acceptance of the meaning of a word, statement, facts, law etc by a misinterpretation of its meaning, oversight, confusion, incapability etc .

 


mistake
n. 1) an error in comprehending facts, meaning of words or the law, which causes one party or both parties to enter into a contract without understanding the obligations or results.

Mistake of law
Definition
: a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of affairs
also
: a criminal defense alleging such a mistake ...

Mistake of Law (legal term)
Mens Rea (legal term)
Live in Chicago 12-19-98 at the United Center (2001 Album by Dave Matthews Band)
Resolution (business term)
Specific Intent (legal term)
statute (in law)
Assault (legal term)
effect ...

A mistake by both spouses in a marriage that can serve as grounds for an annulment.

Error
Mistake of law or fact forming the basis of an appeal to a higher court.

ERROR. A mistake in judgment or deviation from the truth, in matters of fact and from the law in matters of judgment.

When a simple mistake, not a fraud, affects a contract, but does not change its essence, a court of equity will enforce it upon making compensation for the error.

Expanded Legal Definition of Absolute DischargeAbsolute Liability Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, ...

Normally, an appellate court accepts as true all the facts that the trial judge or jury found to be true, and decides only whether the judge made mistakes in understanding and applying the law.

Occasionally, as a result of fraud or mistake, several people claim interests in one object, the claims being inconsistent with each other.

The injunction was used to stay proceedings in other courts "wherever a party by fraud, accident, mistake or otherwise had obtained an advantage in proceeding in a court of ordinary jurisdiction, ...

A legal standard that the Supreme Court uses to decide whether the Superior Court judge made a mistake in a decision that involved the judge's discretion.

misunderstanding - A mistake or misinterpretation of a statement.
Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reason for reducing a degree of blame.

Error: In the legal sense, a mistaken interpretation of facts or application of the law that can prove grounds for an appeal.
Escheat (es-chet): The process by which a deceased person's property goes to the state if no heir can be found.

reversible error
n. a legal mistake at the trial court level which is so significa...
reversion
n. in real property, the return to the grantor or his/her heirs o...

A special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons, such as a mistake as to the kind of contract.

Latin for "not his deed" and a special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract.

(FDCPA), is a law within the Consumer Credit Protection Act, related to protecting consumers from debt collection abuse or mistaken debt information.

A doctor can be held liable for any damages that result from a misdiagnosis if the medical mistake was a result of negligence.

clerical error An unintentional mistake, not involving exercising of discretion, by the clerk, counsel, or the court, usually in a written document.

cancelled without prejudice A stamp an embassy or consulate puts on a visa when there is a mistake in the visa or the visa is a duplicate visa (two of the same kind). It does not affect the validity of other visas in the ...

Term: Error
Definition: Mistake of law or fact forming the basis of an appeal to a higher court.

Under this standard, an appeals court must accept the lower court's findings of fact unless the appellate court is definitely and firmly convinced that a mistake has been made.

coram nobis: A legal paper that is used to tell the court about mistakes in the facts of the case. It is used to try to cancel the judgment. Comes from the Latin for "before us, in our presence." ...

NO-FAULT AUTO INSURANCE SYSTEM: Under a no-fault system it doesn't matter which driver made the mistake that caused an accident. Each individual recovers from his or her own insurance carrier, regardless of who caused the accident.

Remand: The act of sending a case back to the judge to be retried because of a significant mistake made by the judge during the first trial.

Consensus tollit errorem. Consent removes error: the effect of a mistake is obviated or waived by concurrence. Qui tacet consentire videtur. He who is silent is regarded as consenting: silence gives consent.

This is usually done if the requesting party believes that the ALJ overlooked a fact or law, and therefore made a mistake that the ALJ can and should fix. Reconsideration can also be requested from a final order issued by a DSHS review judge.

Unjust Enrichment - Occurs when a person has unfairly gained at the expense of another (such as by mistake), and principles of justice and equity require the person to return or pay for the property or benefits received.

The term as applied to maritime law means that if a vessel has been placed in danger because of the actions of another vessel, the vessel that has been placed in danger may be excused if its captain or crew make a mistake in the navigation or ...

Once a mistrial is declared, the situation is as if the trial had never occurred. Some common reasons for a mistrial include a deadlocked jury, the death of a juror or a serious procedural and prejudicial mistake made at the trial which cannot be ...

Non est factum: (Latin: not his deed) Defence in contract law which allows a person to avoid liability because he was mistaken about the nature of the contract.

Some common reasons for a mistrial include a deadlocked jury, the death of a juror or a serious procedural and prejudicial mistake made at the trial which cannot be corrected.

See also: Law, Person, Court, State, Will

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