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LSDefine

Simple English definitions for legal terms

legal fiction

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A quick definition of legal fiction:

A legal fiction is when a court pretends something is true even if it's not, so they can apply a rule in a different way. This is done to make things easier, fairer, or more just. For example, if a court can't make someone come to court, they might use a legal fiction to make them come by saying they're suing their property instead of them personally.

A more thorough explanation:

Legal fiction is a concept used in law where a court accepts something as true, even if it may not be, in order to apply a rule in a way that is different from its original purpose. This is done to achieve fairness, consistency, or justice.

Let's say a court cannot exercise jurisdiction over a defendant in a lawsuit. In this case, the court may use a legal fiction called "quasi in rem subtype 2 jurisdiction." This means that the court can bring the defendant under its jurisdiction by using the defendant's property to satisfy the claim against them. Even though the subject of the lawsuit is technically the property itself, the owner of the property is treated as the defendant. This is a legal fiction because it allows the court to apply the rule in a way that is different from its original purpose.

Another example of legal fiction is the idea of a corporation being treated as a "person" under the law. This allows corporations to enter into contracts, sue and be sued, and own property, even though they are not actual people.

Overall, legal fiction is a tool used by courts to apply rules in a way that is fair and just, even if it means accepting something as true that may not be entirely accurate.

legal ethics | legal formalism

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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