legal fiction

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Legal Fiction

An assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it.

In order to do justice, the law will permit or create a legal fiction. For example, if a person undertakes a renunciation of a legacy which is a gift by will the person will be deemed to have predeceased the testator—one who makes a will—for the purpose of distributing the estate.

legal fiction

n. a presumption of fact assumed by a court for convenience, consistency, or to achieve justice. There is an old adage: "Fictions arise from the law, and not law from fictions."

legal fiction

something assumed to be true for the sake of convenience whether true or false. See e.g. LOST MODERN GRANT.
References in periodicals archive ?
Legal fictions include presumptions, which are defined as "legal inference[s] or assumption[s] that a fact exists because of the known or proven existence of some other fact or group of facts.
In particular, systemic lying has been equated with both legal fictions and routine jury nullification.
generally agree that legal fictions are a way for judges to change the
More important than this somewhat light-hearted digression about legal fictions and literary fantasies is the more serious concern, noted by some critics, that section 319(a) is inconsistent with traditional notions of territorial jurisdiction, a doctrine which "provides that each nation has the exclusive right to regulate the conduct of all residents, individuals, and corporations within its borders.
of legal fictions, and scholars writing from this perspective have used
Moreover, apart from the legal fiction, the very word corporation constitutes a metaphor of embodiment, the root corp meaning body; incorporation meaning to give the entity a body, to make corporeal.
But corporations are legal fictions, not people with legitimate privacy concerns.
LEGAL FICTIONS - Theatre Royal, Newcastle, until Saturday When I told my mates I was going to review Legal Fictions starring Edward Fox, they couldn't quite believe it.
That these rights included life, liberty and the pursuit of happiness was a later iteration of the principle, but these resonant rights have always been as much legal fictions as anything else.
But losing the understanding that they are legal fictions, not real beings, has the effect of obscuring our recognition that corporations can do nothing; whatever is done is done by people, people whose acts should bear individual responsibility and accountability.
Both involve fictions, so why are legal fictions of any more worth than dramatic ones?