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LSDefine

Simple English definitions for legal terms

fiction of law

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A quick definition of fiction of law:

A fiction of law is when people assume something is true even though it may not be. This is often used in court to change how a legal rule works. It's like pretending something is true to make things easier. For example, a legal fiction called a constructive trust is used to make sure someone who didn't own something gets to keep it. Legal fictions can be helpful, but they can also be confusing.

A more thorough explanation:

Fiction of law is a legal term that refers to an assumption that something is true even though it may be untrue. It is often used in judicial reasoning to alter how a legal rule operates. This is done by using a device by which a legal rule or institution is diverted from its original purpose to accomplish indirectly some other object.

For example, the constructive trust is an example of a legal fiction. It is a trust that is created by a court to prevent one party from being unjustly enriched at the expense of another party. The court assumes that the trust exists, even though it may not have been created by the parties involved. This allows the court to achieve a fair outcome in the case.

Legal fictions are useful in mitigating or absorbing the shock of innovation, but they can also cause confusion. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend the superstitious disrelish for change which is always present.

Overall, fiction of law is a legal tool that allows courts to achieve just outcomes in cases where the law may not provide a clear solution.

fictional action | fictitious

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glovediedthisishismom
13:24
thats definetly horsey on an alt
glovediedthisishismom
13:24
no way any professor did that
13:25
thrifted a vintage burberry suit today and feeling unstoppable
Dkk
13:26
Nice
glovediedthisishismom
13:26
im in the field like a defensive lineman im always in saks 💯
1a2b3c4d26z
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That's awesome
1a2b3c4d26z
13:26
real ones shop at bergdorf
13:28
real ones shop at YMH
triplethread
13:28
i missed another fordham wave
triplethread
13:28
mamas getting denied
JumpySubsequentDolphin
13:29
the bergdorf on 5th Ave in NYC is so
JumpySubsequentDolphin
13:29
it feels like home
Dkk
13:29
I'm at your mommas house rn: https://x.com/Mansavelli_/status/1648073454665572352
triplethread
13:29
im addicted to reacting to all of the decisions
triplethread
13:29
with the emojis
HopefullyInLawSchool
13:29
I shop at Joe
HopefullyInLawSchool
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Joe's
glovediedthisishismom
13:30
i shop at tawget
glovediedthisishismom
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im dawk gawthic maga
triplethread
13:30
i shop at giant eagle
ForDizzyDJoy
13:31
How did i miss Fordham and American’s wave and I applied in september 🙃
13:33
Lol UC Davis took me of ED and put me in RD
13:34
surprised I didnt get straight denied
HopefullyInLawSchool
13:34
they emailed you/
HopefullyInLawSchool
13:34
?
13:35
@HopefullyInLawSchool: Yea, I just got it
i just want a cornell ii :(
13:37
yak you will be fucking shit up at cornell this time next year dw
i love u
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love you too bby
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