The law is a jealous mistress, and requires a long and constant courtship.

✨ Enjoy an ad-free experience with LSD+

Legal Definitions - legal fiction

LSDefine

The only bar I passed this year serves drinks.

✨ Enjoy an ad-free experience with LSD+

Definition of legal fiction

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.

The young man knows the rules, but the old man knows the exceptions.

✨ Enjoy an ad-free experience with LSD+

Simple Definition

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.

The only bar I passed this year serves drinks.

✨ Enjoy an ad-free experience with LSD+

I feel like I'm in a constant state of 'motion to compel' more sleep.

✨ Enjoy an ad-free experience with LSD+