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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 ?
Narrativity, Fictionality, and Literariness: The Narrative Turn and the Study of Literary Fiction, edited by Lars-Ake Skalin, Orebro University, 2008, pp.
The narrator's response to her lover denies that fictionality so supplants the real: I'm not erasing.
What happens in cases such as these is that intrafictional or pseudo-ontological distinctions within a work become a way of evading public debate by arguing that offensive sections occupy a different level of fictionality which should mitigate its offensiveness: they are the pornographic delusions of an unreliable narrator who is only a cipher rather than a character; they are the dream sequences of a paranoid schizophrenic undergoing a crisis of faith.
the new type of fictionality that distinguished the realist novel.
However one answers that question, certainly Cohn's limitary project promises to make sense of persistent efforts by fiction writers, such as Henry James and Willa Cather, to theorize their own signposts of fictionality.
19-165), discusses these criteria in detail, with the first section dealing with fictionality.
This is not a book that he who runs is likely to read through, for he will not have run very far before he comes up against the esoteric sesqui-pedalian vocabulary of the modern higher literary criticism, words like inter-, meta-, and transtextuality, narratology, fetishization, fictionality, essentialize, contextualizing, meta-fiction, instantiation, dialogism, and opaque utterances like 'the self-consciously literary emotional environment of "the abyss" is continually subverted by its very self-consciousness'.
The complex relationship between the fictionality which is inherent in poetry and the concrete physical world in which the reader (frequently addressed in these poems) is located, the relationship - to use an older critical terminology - between words and things, is a central concern for Hamelink.
What do Zap Comix, foot fetishism, leprosy, and postmodernist musings on the nature of fictionality have in common?
He has argued for the essential fictionality of ethnography and has shown how anthropological texts are receptive to literary, as much as scientific, analysis.
Although these essays probe certain definitions upon which this volume rests, they do not contradict these basic premises or definitions; rather, they skillfully hone the discussion by examining the relationship between fictionality, storyworlds, and specific media forms.
The risk is that the proof of genius resides in particular cases, and that if the reader does not admit the validity of these cases--because, for instance, the most proximate genius in question disrupts the fictionality of his own narrative to indulge in self-interested attacks on past reviewers--then the larger status economy of genius is, itself, compromised.