Week 2

Question 1

What is the mistake of law defense and when does it apply?

Answer 1

Def: D mistakenly believes conduct not prohibited by law.

App: No defense unless:
- law prohibiting conduct was unavailable
- Defendant reasonably relied on invalid law
- mistake negates mens rea.

Question 2

What is the mistake of fact defense and when does it apply?

Answer 2

Def: D is mistaken as to a matter of fact.

App: When mistake negates mens rea:
- Specific intent - defense is honest mistake.
- General intent and malice - defense if honest and reas. mistake
- Strict liability- no defense.

Question 3

Group defamation liability:

Answer 3

D is only liable to individual members of that group if:

1. the group is so small that a reas. person would conclude that the statement refers to that member.
   OR
2. the circumstances of publication would cause a reas. person to reach that same conclusion.

Question 4

The prosecution may offer evidence of a victims good character, but only after:

Answer 4

1. the D introduces evidence of the victims pertinent character trait.
   OR
2. in a homicide case, evidence that the victim was the first aggressor has been introduced.

Question 5

May congress establish military courts and tribunals? What are the requirements for U.S. citizens ?

Answer 5

Yes, they must afford U.S. citizens classified as enemy combatants procedural due process.

This requires:
1. notice of the factual basis for the citizens classification
AND
2. a fair opportunity to rebut those facts before a neutral decision maker.