fiction

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Fiction

An assumption made by a court and embodied in various legal doctrines that a fact or concept is true when in actuality it is not true, or when it is likely to be equally false and true.

A legal fiction is created for the purpose of promoting the ends of justice. A common-law action, for example, allowed a father to bring suit against his daughter's seducer, based on the legal fiction of the loss of her services. Similarly, the law of torts encompasses the legal fiction of the rule of Vicarious Liability, which renders an employer responsible for the civil wrongs of his or her employees that are committed during their course of employment. Even though the employer generally is uninvolved in the actual act constituting the tort, the law holds the employer responsible since, through a legal fiction, he or she is deemed to be in direct control of the employee's actions. A seller of real estate might, for example, be liable in an action for Fraud committed by his or her agent in the course of a sale.

fiction

noun canard, concoction, fable, fabrication, fabula, false statement, falsehood, falsification, fancy, fantasy, feigned story, figment, invention, legend, lie, myth, perjury, prevarication, product of imagination, res ficta, untruth, untruthful report
Foreign phrases: Fictio legis inique operatur alieni damnum vel injuriam.Fiction of law is wrongful if it works loss or harm to anyone. Fictio juris non est ubi veritas. A fiction of law will not exist where the fact appears. Les fictions naissent de la loi, et non la loi des fictions. Fictions arise from the law, and not law from fictions. Fictio cedit veritati. Fictio juris non est ubi veritas. Fiction yields to truth. Where truth is, fiction of law does not exist.
See also: canard, falsehood, figment, lie, misstatement, myth, phantom, story, subterfuge

fiction

see LEGAL FICTION.
References in periodicals archive ?
Most of the expected subjects are covered, along with such topics as alternative media versus the Olympic industry, sports fiction, the use of televised sport to benefit prime-time television lineups, virtual sport gaming, athlete/criminal discourse, and sports mascots and the media.
For over a decade, James Lorimer & Company has pursued sports fiction as an avenue to entice readers--from Robert Rayner's soccer books to Michele Martin Bossley's swimming stories to Lorna Schultz Nicholson's hockey books.
The sports world itself is the particular domain of heroes," writes Michael Oriard in Dreaming of Heroes: American Sports Fiction 1868-1980, "and the fiction that describes sports must focus on this essential fact.
Another new entry in the Orca Soundings Series for reluctant readers, Juice will be a hit with fans of sports fiction.
Part mystery and part sports fiction, The Baseball Geeks Adventures are entertaining baseball books for boys.