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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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texaslawhopefully
17:12
Even if you have conservative social values you still shouldn't like Trump lol, but that's a whole diff convo
I love when people prefer putting not talking about gender in schools at the top of the agenda instead of dealing with school shootings
this is going to blow your mind but once you realize women and men are more similar than different you will drown in pussy or dick
17:12
@HopefullyInLawSchool: $45k @ KS is really good. $145k is to attend it is not a bad deal
facts knowledgeable
Also love how he put an EO to leave the Paris climate agreement in the midst of the LA wildfires and places who haven’t gotten snow in 15 years now getting storms
@llama: it would only be 17,000 ish per year
17:15
yeah and i think after 1L u get in state? not certain
I dont think so based on my very brief research
17:16
hmm I know some school offer that in their offer (I also believe KS does not negotiate) but I wonder which schools would reconsider with a condition of in state after 1L yr?
Dkk
17:17
@texaslawhopefully: Not necessarily but I believe what Aristotle used to say. He used to say you could not have a functioning political system if you can not get gender relations right. Or essentially that.
KS does negotiate! I got an email saying theyre doing it for the first time this year
its rather limited but its not nothing
17:18
@HopefullyInLawSchool: noted, thanks for the intel. I know we joke around but all things conidered, KS is goated
Dkk
17:18
@BigStrongBug: Nah aristotle only applies gender as a role which I think either sex could fulfill. My issue with Trump's EO to limit things to only sex but I am fine with him doing it for now.
Yeah and Aristotle old as hell boy he would’ve died of hysteria after learning what the internet and tiktok is
Dkk
17:19
@SplitterusClitterus: I think some school shootings could have been prevented if gender relations were better.
Very few of any,, none come to my mind tbh
17:19
@llama: hi
They all seem like mental health and access to gun issues
Not mental health regarding gender and usually it’s a gun kids get right in the house
JumpySubsequentDolphin
17:20
SPLITTYYYYY
DOLPHYYY HIIIII
My love
@llama: thanks! ya KU is a very serious school on my list, but we'll see how the cards play out
Hi splitty hi jumpy!
Irish dinosaur whatuoppplp r u new
No this is taradactyl
17:21
@IrishDinosaur: congratz on UCLA!!
Everyone is changing their name omgggg hi tatadajaucuoly
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