Legal Definitions - 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.