fiction

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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 ?
Key Porter Books has recently entered the sports fiction field with the Lawrence High Yearbook series aimed at teens from Alberta writer David Poulsen.
Combines sports fiction and mystery/adventure into one book
Sports fiction has been largely the last great expression of classic realism--the gameworld with its tidy fascination with box scores and standings, its solid grounding in tradition and its faith in ritual makes the eccentricities of speculative fiction seem an unwarranted (and unnecessary) invasion.
Keith's first-person dialogue and ability to weave social, psychological, cultural, and economic issues into the storyline make The Forever Season an entertaining piece of sports fiction.
They represent for Bale the first salvo in what he sees as a necessary balancing act long overdue in sports fiction analysis--taking a hard look at those writers of serious fiction who treat sports with considerable attention and yet do not adhere to traditional lines of defense of gamesplaying and athleticism.
Popular" really needs two sets of quotation marks, the second one to signal the irony that the "popular" sports fiction written chiefly by sports journalists has rarely been commercially "popular.