Assignment: Introduction to Law

1. What is ‘Mistake of Law?’

A mistake of law is a legal defense where an accused person argues they misunderstood how a
law applied to their actions. Unlike a mistake of fact, which deals with misunderstanding the
situation itself, a mistake of law focuses on a genuine but incorrect belief about the legal
implications of their action/s. This defense is generally unsuccessful, as the principle prevails
that everyone is expected to know the law. However, in rare instances, courts may consider a
mistake of law defense if it was honest, reasonable, and involved a complex or newly enacted
law.

2. What is ‘Mistake of Fact?’

A mistake of fact is a legal defense used when someone unintentionally committed a crime due
to a misunderstanding of a key detail. Imagine someone borrowing a car they believed was
theirs, only to discover it belonged to someone else. Here, the mistake negates the criminal intent
to steal, potentially reducing the charge. However, the mistake must be genuine and not simply a
convenient excuse for the action.

3. What is Public Order?

Public order refers to the peaceful and stable environment necessary for a society to function. It
encompasses the absence of widespread violence, crime, and disruption that allows people to feel
safe and exercise their rights freely. Think of it as a foundation for a functioning legal system.
For instance, during a peaceful protest, public order is maintained. However, if the protest
escalates to vandalism or violence, it disrupts public order and could lead to legal intervention.

4. What is Public Policy?

Public policy refers to overarching legal principles that promote the welfare of society. It can
invalidate contracts or legal actions deemed harmful to the public good. For instance, a contract
to sell illegal drugs would be void due to public policy's interest in upholding the law. Courts use
public policy to maintain a balance between upholding contracts and protecting societal interests.

5. What are Morals?

Morals refer to a society's widely held beliefs about right and wrong. These principles aren't
formal laws, but they influence how laws are created and enforced. For instance, laws against
murder likely stem from the moral belief that human life is sacred. While morals can be flexible
and vary between cultures, they play a significant role in shaping the legal landscape.

6. What are Good Customs?

Good customs refer to widely accepted social norms that promote fairness and ethical behavior.
These customs can influence legal decisions, but must align with public order and not violate
written laws. For example, a contract requiring payment for something illegal wouldn't be
enforceable even if following a common business practice in that industry. While both morals
and good customs involve societal values, morals focus on personal right and wrong, like
honesty, whereas good customs are more about fair and ethical business or social interactions.