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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 ?
Irony is, of course, a turf fictionists have long worked with zeal.
Warren concludes that like the other fictionists he discussed, Faulkner had moved beyond the sentimentality of local color toward a newer and harsher variety of realism, particularly in those stories set in his recreated Mississippi.
Roth saw the problem coming even before the self-inventions of Richard Nixon and Lee Harvey Oswald: Reality puts fictionists to bashful shrugs and shame.
Henry Louis Gates, likewise, in Figures in Black, credits Ellison with defining a new direction in black American fiction, freeing it from a narrowly mimetic tradition and providing contemporary black fictionists with "a new mode of seeing" and a "new manner of representation" (246).
Another grievance against the family current among fictionists then was that it had wrongly moralized, even sanctified, itself to cover up the carnality at its core.
I think we all know intuitively what goes wrong in art when the self goes out to the myriad things like a conquering army, trying to make them express it (though we might differ enormously as to just which poets and fictionists most embody this failing).
Victoria, one of the country's best speculative fictionists, would do well to work more on her dialogue and the subsequent theatrical realization of her make-believe world.
Edited by award-winning fictionists Dean Francis Alfar and Angelo R.
Television can give us the news, innovative fictionists argue; novels and short stories can better express our response to the news.
She writes, "Constructing |passing' as a set of attitudes toward the middle class and concomitantly toward the past reveals a continuity between the woman-authored novels of the Harlem Renaissance and a number of major works by women fictionists of the 1980s" (p.
I am one among journalists, fictionists, poets, essayists, bloggers, screenwriters, graphic storytellers, copywriters, playwrights, editors Citizens, all-in a perilous place to wield a pen.
The conditions of their imprisonment were imposed from without; they are not fictionists whose prisons may be literal or dreamed or self-imposed.