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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 ?
Everybody has been busy creating stories about their journeys to school, some scary, and some funny.
In creating stories for commercial television, these children take their place with the rest of us in living their lives imaginatively.
I've been creating stories since before I could even hold a pen.
Reed surely pushes us, creating stories which question the nature of nature, the reality of reality.
Brilliant Digital specializes in creating stories with hundreds of plot alternatives for distribution with a decision every 30 to 45 seconds.
Creating stories that travel since 1984, ISM includes among its current clients Four Seasons Hotels and Resorts, American Express, Emirates, Abercrombie & Kent Residence Club, Best Western and the United Nations Foundation.
The MTV awards have a knack of seizing the zeitgeist and creating stories with uber-hip young hosts and faux lesbian kisses.
Photoshop World 2008 When: April 2-4, 2008 Where: Orlando, FL Flypaper Booth 432 eLearning Guild 2008 Annual Gathering When: April 15-16, 2008 Where: Lake Buena Vista, FL Flypaper Booth 315 Who: Don Pierson, Founder, EVP of services What: Creating Stories That Stick
Another dose of all-American slush from the man who, when it comes to creating stories, clearly wears the skirt.
Creating stories that support a series of this stature--and developing a living memorial to the men and women who lived through this remarkable time in history--is a truly unique and enriching project to be involved in.
While journalists and editors are creating stories, producers can review completed stories, as well as uncompleted ones, track story progress and coordinate the numerous elements that go into a newscast.

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