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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 ?
It is the explosive quoting of reality fragments in this manner, where the fragment appears to remain "unintegrated and unarticulated fictionally," that led to the second phase of Pasolini's cinema, a modernist phase, placing him in the canon of 1960s European auteurs, while differentiating his style and reframed thematic concerns--he now looks at Greek myth, allegory, and the high bourgeoisie--from both neorealism and classical Hollywood cinema.
In a way, Hollinghurst works out fictionally what a queer theorist such as Judith Halberstam argues theoretically: that there are "queer times" and "queer spaces" that may be pitted against the preferred temporalities and spatialities of heteronormativity.
did not want to explore fictionally the issue of Siddal's supposed
It isn't that Divney and the police house become more real, not even fictionally speaking, than they were the moment prior to Divney's death.
Parrish's novel fictionally reflects much of what others said of McPherson; Sister Teressa, like Sister Aimee, descends "from the balcony in a beautiful white gown, her arms filled with roses" (15) and takes her place on a throne bathed in light.
dollars to fictionally trade stocks and exchange traded funds on the New York Stock Exchange, NASDAQ Marketplace, American Stock Exchange, London Stock Exchange and Australia Securities Exchange as well as currencies in real-time, in up to five separate portfolios.
These are unanswerable questions when a contiguous biosphere is fictionally divided against itself.
Fictionally, it is located in Don Julio's house, which is represented on stage by a chamber setting painted on the wings.
Close Up" fictionally recreates Sabzian's arrest (from two perspectives), and the incident that introduced him to the family, and saw him assume Makhmalbaf's identity.
While, for King at least, objective truth is accessed through historical enquiry, for Evans, ways of reading and remembering are to be sought fictionally, eschewing the question of what happened and when.
3) The voyage to the Orient not only recapitulates fictionally Eca's own travels but additionally brings to the text two pronounced contemporary currents, with precursors in French literature: the description of the Orient and the revision of the origins of Christianity.