fiction

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Related to Fictions: Legal fictions

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 ?
He ably demonstrates that Lessing's fiction presented science as integral to her world--view but that in so doing she retained the finely wrought prose and depth of characterization that marked the finest of her mainstream fiction.
Applying Buddhist language and terminology to his discussions of Johnson's fiction, Storhoff is always mindful of defining the terms for the newcomer.
A lecture that combined some clearly fantastic elements that were easy to spot (the golems he says he's known) with one central fiction that was impossible to detect (his brush with a Holocaust fraud)?
Additionally, even if the teacher of the eighteenth-century novel adopts the shortest fictions available, she faces the daunting task of gathering them all beneath the rubric of some unifying period aesthetic.
1) Fiction's present is the intersection of everything that fiction has been and everything that it will become.
In fact, when my book appeared in 1932, a leading senior academic of the Cambridge 'English' School, writing an article on 'English Studies at Cambridge,' held it and me up to opprobrium, since, he said, to read 'bestsellers' (as popular fiction was then contemptuously labelled) showed a depraved taste and was quite outside the literary field.
Not Quite Fiction is writing, with all its implications, resonances, and problems, at its best.
For three decades now, he has been saying that the words in a worthwhile work of fiction do not describe a world outside that fiction; instead those words embody the fiction and the fiction embodies those words.
Fictions, and hence their authors, thus causally generate fictional truths.
Fictions are, of course, standardly things that authors communicate to audiences.
Thus the Museum of Modern Art's initial sortie into the brave new world of fin de siecle fashion photography--"Fashioning Fiction in Photography Since 1990"--is by no means the first museum exhibition of its kind and will surely not be the last.
Given the historical accuracy of this odious master-narrative of black masculinity, Coleman explores how a melange of black male writers, from Ralph Ellison in the 1950s to Wideman, Clarence Major, Charles Johnson, Trey Ellis, and others from the 1970s to the 1990s, have attempted to destabilize and dismantle this execrable fiction.