Mistake of Law Interaction 1

Mistake of Law Self-Quiz

Pete owns a lost and found company where people who find lost property can deposit it and people who lose property can come and see if anybody has returned their belongings. Pete honestly but mistakenly believes that, if any property is not claimed after two months, it becomes the property of the finder. One day, Pete finds a silver necklace from Tiffany's lying on the ground near his shop. He takes it inside and holds onto it for two months. He then sells the necklace for a considerable amount of money. A few days later, the rightful owner comes into the store and asks Pete if he has her necklace. Pete tells her that he has sold it and she calls the police. Pete is charged with larceny, which is defined as intentionally taking someone else's property with the intention of permanently depriving them of it. If Pete claims mistake of law as a defense, he will succeed:

Pete owns a lost and found company where people who find lost property can deposit it and people who lose property can come and see if anybody has returned their belongings. One day, Pete finds a silver necklace from Tiffany's lying on the ground near his shop. Engraved into the back of the necklace is the name of the owner and a telephone number. Pete mistakenly believes that the law allows someone to do whatever he wants to with lost property even if he knows who the rightful owner is so he sells the necklace for a considerable amount of money. A few days later, the rightful owner comes into the store and asks Pete if he has her necklace. Pete tells her that he has sold it and she calls the police. Pete is charged with larceny, which is defined as intentionally taking someone else's property with the intention of permanently depriving them of it. If Pete claims mistake of law as a defense, he will succeed:

Pete owns a lost and found company where people who find lost property can deposit it and people who lose property can come and see if anybody has returned their belongings. One day, Pete finds a silver necklace from Tiffany's lying on the ground near his shop. Engraved into the back of the necklace is the name of the owner and a telephone number. Pete looks up the state statute dealing with lost property and he sees that a finder of lost property can do whatever he wants to with lost property even if he knows who the rightful owner is. Pete sells the necklace for a considerable amount of money. A few days later, the rightful owner comes into the store and asks Pete if he has her necklace. Pete tells her that he has sold it and she calls the police. Pete is charged with larceny, which is defined as intentionally taking someone else's property with the intention of permanently depriving them of it. Right before Pete's trial begins, the statute that Pete had looked up is ruled unconstitutional by the United States Supreme Court so that Pete actually did commit larceny when he sold the necklace. If Pete claims mistake of law as a defense, he will succeed:

Pete owns a lost and found company where people who find lost property can deposit it and people who lose property can come and see if anybody has returned their belongings. One day, Pete finds a silver necklace from Tiffany's lying on the ground near his shop. Engraved into the back of the necklace is the name of the owner and a telephone number. Pete calls the state Attorney General to ask what he is legally allowed to do with the necklace. The Attorney General tells Pete that he is under no obligation to return the necklace and he can do whatever he wants with it. Pete sells the necklace for a considerable amount of money. A few days later, the rightful owner comes into the store and asks Pete if he has her necklace. Pete tells her that he has sold it and she calls the police. Pete is charged with larceny, which is defined as intentionally taking someone else's property with the intention of permanently depriving them of it. During Pete's trial, the Attorney General testifies that he unintentionally gave Pete the wrong information about this particular law. That being the case, Pete actually did commit larceny when he sold the necklace. If Pete claims mistake of law as a defense, he will succeed:

Pete owns a lost and found company where people who find lost property can deposit it and people who lose property can come and see if anybody has returned their belongings. One day, Pete finds a silver necklace from Tiffany's lying on the ground near his shop. Engraved into the back of the necklace is the name of the owner and a telephone number. Pete calls his uncle, a criminal attorney at a major firm, to ask what he is legally allowed to do with the necklace. Pete's uncle tells him that he is under no obligation to return the necklace and he can do whatever he wants with it. Pete sells the necklace for a considerable amount of money. A few days later, the rightful owner comes into the store and asks Pete if he has her necklace. Pete tells her that he has sold it and she calls the police. Pete is charged with larceny, which is defined as intentionally taking someone else's property with the intention of permanently depriving them of it. During Pete's trial, his uncle testifies that he unintentionally gave Pete the wrong information about this particular law. That being the case, Pete actually did commit larceny when he sold the necklace. If Pete claims mistake of law as a defense, he will succeed: