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LSDefine

Simple English definitions for legal terms

fiction of law

Read a random definition: rule of inconvenience

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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BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
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