19:43
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LSDefine
Simple English definitions for legal terms
fiction
Read a random definition: Emolument Clause
A quick definition of fiction:
Definition: Fiction is a made-up story that is not true. Legal fiction is when people pretend something is true to change how a law works. It's like wearing a mask to make something new seem less scary. But sometimes, legal fiction can be confusing.
A more thorough explanation:
Fiction is a term used in legal reasoning to describe an assumption that something is true, even if it may not be. This is often used to change how a legal rule operates or to accomplish a different objective. It is also known as a legal fiction or fictio juris.
- A constructive trust is an example of a legal fiction. This is a device used to divert a legal rule or institution from its original purpose to achieve a different goal.
- Another example of a legal fiction is the assumption that a corporation is a person. This allows corporations to have legal rights and responsibilities, even though they are not actual people.
These examples illustrate how legal fictions can be used to alter the way legal rules operate. They allow for flexibility in the law and can be useful in achieving certain objectives. However, they can also lead to confusion and intellectual challenges.