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LSDefine

Simple English definitions for legal terms

legal fiction

Read a random definition: statistical-decision theory

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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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
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?
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