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 classic literature ?
The Confidence Man' (1857), his last serious effort in prose fiction, does not seem to require criticism.
Had he drawn still more upon fancy, the lovers of fiction would not have so much cause for their objections to his work.
The Realists, who were undoubtedly the masters of fiction in their passing generation, and who prevailed not only in France, but in Russia, in Scandinavia, in Spain, in Portugal, were overborne in all Anglo-Saxon countries by the innumerable hosts of Romanticism, who to this day possess the land; though still, whenever a young novelist does work instantly recognizable for its truth and beauty among us, he is seen and felt to have wrought in the spirit of Realism.
I have called it one of the most remarkable coinci-dences in modern fiction.
He had discovered, in the course of his reading, two schools of fiction.
One luckless evening it occurred to me to test my wife's fidelity in a vulgar, commonplace way familiar to everyone who has acquaintance with the literature of fact and fiction.
I have only to request that you will bear in mind certain established truths, which occasionally escape your memory when you are reading a work of fiction.
I had four preferences: first, music; second, poetry; third, the writing of philosophic, economic, and political essays; and, fourth, and last, and least, fiction writing.
We will, if you'll be fiction and poetry editor," I said.
At Windygates, as elsewhere, we believed History to be high literature, because it assumed to be true to Authorities (of which we knew little)--and Fiction to be low literature, because it attempted to be true to Nature (of which we knew less).
Every shade of light and dark, of truth, and of fiction which is the veil of truth, is allowable in a work of philosophical imagination.
To represent a bad thing in its least offensive light is, doubtless, the most agreeable course for a writer of fiction to pursue; but is it the most honest, or the safest?