Officially Induced Error: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Officially induced error refers to a legal mistake that occurs when a person relies on incorrect legal advice provided by a qualified official. This concept serves as an exception to the general principle that ignorance of the law is not an excuse. To successfully use this defense, the accused must demonstrate that they:
- Considered the legal implications of their actions
- Sought legal advice from an appropriate official
- Received erroneous advice
- Relied on that advice
- Had reasonable grounds for their reliance
Legal Use & context
Officially induced error is primarily used in criminal law as a defense strategy. It applies when an individual faces charges and argues that their actions were based on misleading legal guidance. This term may also be relevant in civil law cases where legal advice impacts decision-making. Users can find legal templates and forms on platforms like US Legal Forms to assist in navigating these situations.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person charged with a crime consults a government attorney who mistakenly advises them that their actions are legal. Relying on this advice, they proceed, only to face charges later.
Example 2: A business owner receives incorrect tax advice from a state official, leading to unintentional tax violations. (hypothetical example)