What is the difference between an error of fact and an error of law, especially as relates to filing a writ for coram nobis.

Asked over 2 years ago - Los Angeles, CA

Filing motion to withdraw plea.

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  1. Joshua Sachs

    Contributor Level 19

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    Answered . If the umpire calls you out on two strikes, that is an error of law.

    If the umpire thinks the ball is over the plate and it isn't, that is an error of fact.

  2. John M. Kaman

    Pro

    Contributor Level 20

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    Answered . Take a statutory rape case. An error of fact is that everyone believed the victim to be 16 years old when she was in fact 18 at the time of the incident.

    An error of law in the same case would be a court's belief that statutory rape can be an act between two 18 year old people.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . For example, if a person defends himself with a knife from an unarmed attacker because he believed he was justified in doing so to protect himself from great bodily harm. By legal definition, the defendant made an error of law if his self-defence belief was not also "reasonable" and if the danger was not imminent.
    An error of fact will be when a person hits someone in a bar thinking he was the one who was about to attack him, but it was his friend next to him who was the aggressor.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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