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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.


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


References in periodicals archive ?
About this time Frank began creating stories for his children and their friends about Dorothy's adventures in the magical land of Oz.
In fact, the Globe has even been accused of creating stories when it can't find them.
The idea is that by creating stories on the iPad and iPhone, as opposed to with paper and pens, children can find time to work on these activities anytime and anywhere.
I have created a link between all letters of the alphabet by creating stories with nouns, adjectives and verbs.
Colin: I really enjoy writing and creating stories.
Right now, he is busy creating stories for aACAyNahyan's Expo Adventures' a comic strip he's been tasked to create for Dubai's bid for Expo 2020.
and Barnard College, for this guide to the essential principles and techniques of creating stories.
Earlier this summer, students from the city's schools got busy creating stories and illustrations for the book.
Everybody has been busy creating stories about their journeys to school, some scary, and some funny.
Another dose of all-American slush from the man who, when it comes to creating stories, clearly wears the skirt.
I've been creating stories since before I could even hold a pen.

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