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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 ?
Warren concludes that like the other fictionists he discussed, Faulkner had moved beyond the sentimentality of local color toward a newer and harsher variety of realism, particularly in those stories set in his recreated Mississippi.
If informative, this approach gives inadequate weight to how Greene's creative imagination molded his models and to the thematic implications he derived from his experiences; only Sherry's extracts from the writings indicate why Greene was one of the last century's foremost fictionists.
I do, however, respect many of his insights, and I most certainly agree with him that Hemingway, among the fictionists, most particularly reflected the failed quest of his age--to paraphrase Berman's paraphrase of Whitehead--to understand, justify, or accept the existence of pain and suffering in an allegedly orderly universe.
KULAR AF DEGI, LITERALLY "Cooling of Day" but loosely "Evening Breeze," is the third novel by Kristin Marja Baldursdottir, who is making a name for herself as one of a new generation of urban fictionists in Iceland.
Given how much we watch and what watching means, it's inevitable - but toxic - for those of us fictionists or Joe Briefcases who wish to be voyeurs to get the idea that these persons behind the glass, persons who are often the most colorful, attractive, animated, alive people in our daily experience, are also people who are oblivious to the fact that they are watched.
Henry Louis Gates, likewise, in Figures in Black, credits Ellison with defining a new direction in black American fiction, freeing it from a narrowly mimetic tradition and providing contemporary black fictionists with "a new mode of seeing" and a "new manner of representation" (246).