Legal Definitions - feigned issue

Definition: Feigned issue is a legal proceeding where the parties agree to have an issue tried by a jury without actually filing a formal lawsuit. This is done when a court lacks jurisdiction or is unwilling to decide the issue.

Example: In the past, if a court did not have the authority to decide a matter or did not want to make a decision, the parties could agree to a feigned issue. For example, if two people disagreed about who was the rightful heir to a property, they could agree to a feigned issue where they would pretend to have a bet on the matter and ask a jury to decide who was right. This way, the court could avoid making a decision and the parties could still have their dispute resolved.

Explanation: Feigned issue was a way for parties to resolve disputes without going through the formal process of filing a lawsuit. It allowed them to have a jury decide the issue without having to go through the entire legal process. The example shows how two people could use a feigned issue to resolve a dispute over property ownership without having to go through a formal lawsuit.