The majority maintain that “mistake of law is a legal concept with rigorous requirements” (para. 64). Specifically, they hold that a mistake of law occurs only when an offender “has an honest but mistaken perception within the legality of his or her actions” (ibid.). Critically, in addition they characterize being “unsure” (ibid.) or “uncertai” (para. 65) as fatal to a claim of mistake of law. In my evaluation, the sentencing decide made no errors in his evaluation of Mr. Suter’s mistake of law. The majority’s findings on the contrary depend on an excessively restrictive conception of errors of law and inappropriately discredit Mr. Suter’s unequivocal testimony, which was uniformly found credible by the sentencing judge.
In addition to the 90-day limit to file a Notice of Claim, you only have one yr and ninety days from the date of the harm to file a lawsuit. The most notable limitation on plaintiffs includes actions against the state. A claimant must file a Notice of Claim within 90 days of getting injured, or the lawsuit will doubtless be dismissed. Just as a result of that driver was taking a look at their phone, that doesn’t mean someone received harm. Next, your lawyer wants to connect that breach of duty to the harm you suffered. This isn’t a query you’ll ask the lawyer but is, as an alternative, a way that you simply get at your first consultation.