Mistake of Fact

Description: Mistake of Fact Quiz
Number of Questions: 15
Created by:
Tags: criminal law mistake of fact
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Which of the following is NOT a defense to a crime based on mistake of fact?

  1. The mistake was reasonable.

  2. The mistake was honest.

  3. The mistake was material.

  4. The mistake was of law.


Correct Option: D
Explanation:

A mistake of law is not a defense to a crime, because everyone is presumed to know the law.

In order to be a defense to a crime, a mistake of fact must be:

  1. Reasonable.

  2. Honest.

  3. Material.

  4. All of the above.


Correct Option: D
Explanation:

In order to be a defense to a crime, a mistake of fact must be reasonable, honest, and material.

A mistake of fact is material if it:

  1. Negates an element of the crime.

  2. Would have caused a reasonable person to act differently.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

A mistake of fact is material if it negates an element of the crime or would have caused a reasonable person to act differently.

Which of the following is an example of a mistake of fact that would be a defense to a crime?

  1. A person who kills another person in self-defense, but mistakenly believes that the other person was about to attack them.

  2. A person who steals a car, but mistakenly believes that the car is their own.

  3. A person who sells drugs, but mistakenly believes that the drugs are legal.

  4. None of the above.


Correct Option: A
Explanation:

This is an example of a mistake of fact that would be a defense to the crime of murder, because the mistake negates the element of intent.

Which of the following is an example of a mistake of fact that would NOT be a defense to a crime?

  1. A person who robs a bank, but mistakenly believes that the bank is closed.

  2. A person who drives drunk, but mistakenly believes that they are sober.

  3. A person who shoots a police officer, but mistakenly believes that the police officer is a criminal.

  4. None of the above.


Correct Option: B
Explanation:

This is an example of a mistake of fact that would not be a defense to the crime of driving under the influence, because the mistake is not material.

In some jurisdictions, a mistake of fact can be a defense to a crime even if it is not reasonable.

  1. True.

  2. False.


Correct Option: A
Explanation:

In some jurisdictions, a mistake of fact can be a defense to a crime even if it is not reasonable, if the mistake is caused by the negligence of the government.

Which of the following is NOT a type of mistake of fact?

  1. Mistake of identity.

  2. Mistake of age.

  3. Mistake of law.

  4. Mistake of consent.


Correct Option: C
Explanation:

Mistake of law is not a type of mistake of fact, because it is a mistake about the law, not about the facts of a case.

A mistake of fact can be a defense to a crime even if it is caused by the defendant's own negligence.

  1. True.

  2. False.


Correct Option: B
Explanation:

A mistake of fact is not a defense to a crime if it is caused by the defendant's own negligence.

Which of the following is NOT a factor that courts consider when determining whether a mistake of fact is reasonable?

  1. The defendant's age.

  2. The defendant's intelligence.

  3. The defendant's education.

  4. The defendant's mental state.


Correct Option: A
Explanation:

The defendant's age is not a factor that courts consider when determining whether a mistake of fact is reasonable.

Which of the following is NOT a type of mistake of fact that can be a defense to a crime?

  1. Mistake of identity.

  2. Mistake of age.

  3. Mistake of consent.

  4. Mistake of self-defense.


Correct Option: D
Explanation:

Mistake of self-defense is not a type of mistake of fact that can be a defense to a crime, because it is a mistake about the law, not about the facts of a case.

In some jurisdictions, a mistake of fact can be a defense to a crime even if it is caused by the defendant's own intoxication.

  1. True.

  2. False.


Correct Option: B
Explanation:

In most jurisdictions, a mistake of fact is not a defense to a crime if it is caused by the defendant's own intoxication.

Which of the following is NOT a factor that courts consider when determining whether a mistake of fact is honest?

  1. The defendant's demeanor.

  2. The defendant's prior criminal record.

  3. The defendant's mental state.

  4. The defendant's opportunity to observe the facts.


Correct Option: B
Explanation:

The defendant's prior criminal record is not a factor that courts consider when determining whether a mistake of fact is honest.

Which of the following is NOT a factor that courts consider when determining whether a mistake of fact is material?

  1. The nature of the crime.

  2. The defendant's intent.

  3. The defendant's knowledge of the facts.

  4. The defendant's age.


Correct Option: D
Explanation:

The defendant's age is not a factor that courts consider when determining whether a mistake of fact is material.

Which of the following is NOT a type of mistake of fact that can be a defense to a crime?

  1. Mistake of identity.

  2. Mistake of age.

  3. Mistake of consent.

  4. Mistake of intoxication.


Correct Option: D
Explanation:

Mistake of intoxication is not a type of mistake of fact that can be a defense to a crime, because it is a mistake about the law, not about the facts of a case.

In some jurisdictions, a mistake of fact can be a defense to a crime even if it is caused by the defendant's own negligence.

  1. True.

  2. False.


Correct Option: B
Explanation:

In most jurisdictions, a mistake of fact is not a defense to a crime if it is caused by the defendant's own negligence.

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