Also known as: errores juris · error of law · mistake of law
Written by attorneys · grounded in primary & secondary sources — see below
A mistake regarding the legal effect or requirements of a rule or statute. Such an error generally does not excuse liability in tort or criminal contexts unless the governing law expressly makes the mistaken belief exculpatory or the actor reasonably relied on an official statement of law that later proved incorrect.
Eugene Ellsworth removed equipment from a shared warehouse believing a statute gave him superior rights to the items. The true owner sued for conversion. Eugene's error of law did not relieve him of liability because the Restatement rule treats such mistakes as irrelevant to the conversion claim.
Enzo Eastwood was retried after successfully appealing his conviction. He argued the second prosecution violated constitutional protections because the first trial contained legal errors. The court rejected the claim because error juris in the initial proceeding does not bar retrial after reversal.
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Edgar Evers failed to file returns after concluding wages were not taxable income. Prosecutors charged him with willful tax evasion. His subjective belief about the law could negate willfulness only if the jury found the misunderstanding genuine rather than a deliberate refusal to comply.
Emma Erickson carried a firearm while working as a corrections officer. She believed her position exempted her from licensing rules. Charged with unlawful possession, she could not rely on the mistake because the statute did not make legal status an element that her error could negate.
Evelyn Ellison possessed an unregistered machine gun after purchasing it at a gun show. She claimed she did not know registration was required. The government had to prove she knew the weapon's characteristics that triggered the registration duty because the statute implicitly incorporated that mens rea element.
Eduardo Enriquez challenged his trial before a military commission on the ground that the governing statute did not authorize the forum. The court examined whether his legal interpretation of the statute's scope could defeat jurisdiction or whether the error was irrelevant to the commission's authority.
A mistake of law provides a defense when the statute itself makes the defendant's legal belief relevant to the required mental state or when the defendant reasonably relied on an official statement of law later found erroneous. It also applies when the criminal statute was not published or reasonably made available before the conduct.
No. Reliance on internal corporate materials does not qualify because the materials are not an official statement from a public body charged with interpreting or enforcing the law. Only reliance on authoritative government sources can trigger the defense.
The defendant may assert ignorance or mistake of law as a defense. The rule protects against liability for violating a law that the government failed to publish or otherwise make accessible before the conduct occurred.
An honest mistake of fact about ownership can negate the mental state required for the offense. If the defendant believed the property belonged to her employer, she lacked the intent to tamper with another company's line and may avoid conviction.
…the denial of jury trial violated rights guaranteed to him by the United States Constitution. The Supreme Court, finding "[n]o error of law in the ruling complained of," denied appellant a writ of certiorari. Pursuant to 28 U. S. C. § 1257 (2) appellant sought review in this Court, alleging that the Sixth and Fourteenth…