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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 ?
If we look beyond the jokes and parody, Pratchett's continuing examination of narratology and fictionality on his secondary world is nothing less than an exploration of how stories shape and influence our thinking and behaviour.
26) Trollope's narrator, by overtly refusing the convention of the realist novel to model sympathy for and evoke sympathy from readers, simultaneously underscores its own fictionality and challenges the ethical efficacy of readerly feeling.
History and cinema remain in tension, each foregrounding the fictionality of the other, thus questioning radically the fantasy of mainstream documentary as an objective and exhaustive account of the past as 'it really happened.
Catherine Gallagher, "The Rise of Fictionality," in History, Geography, and Culture, vol.
The latter are the most intriguing because of the paradoxical layers of fictionality and characterization they imply.
Discursive signs such as the incorporation of a certain critical narrativity, at times against the interests of the argumentation and even open to the exploration of paths of fictionality (see Casado), a Foucauldian and deconstructionist lack of confidence as regards the discovery of a truth system to explain the text in question, a mixture of semiospheres and languages correlated to the mixture at the base of postmodern literary production itself, an attempt to rid itself of the trappings of modern and premodern critical authority.
By foregrounding its own fictionality, allegory emphasizes the gulf between spiritual truth and its material expressions.
In an attempt to shift the focus away from the factuality or fictionality of the "author" (viz.
Blake suggests that merely by nature of their fictionality the texts he discusses work to create critical distance between reader and subject.
While accepting the link between the fictionality and imaginative puzzles, Walton presses the conceptual distinction between them in order to test the scope of reasons why a person may be not just unwilling, but unable to accept certain invitations offered by a fiction.
A first-person narrator, Donald, presents himself as the writer composing the characters as we read them, a further reminder of the fictionality of fiction.
In the preface, they confront many of these fallacies, such as the supposed "liberal theological bias" of viewing the Bible as literature, the claim that the literary approach to the Bible implies its fictionality, and the idea that a literary reading of the Bible precludes its divine inspiration.