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NeCede's

Maxim 10.8.2

A fiction is contrary to truth, but is held for truth.

Fictio est contra veritatem, sed pro veritate habetur.

Source: Co. Litt.; Hibberd v. Smith, 67 Cal. 547, 4 Pac. 473 Difficulty 2/5 — Approachable

Explanation

A fiction is a deliberate assumption of something known to be false, adopted by the law for the sake of justice; it operates as truth only within the boundaries set by that purpose.

Where this applies

  • The court is using a known falsehood as if it were true to achieve a just result.
  • A legal fiction acknowledges it's not literally true but operates as if it were.
  • The law deliberately assumes something false for the sake of justice.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 10.8.2 — A fiction is contrary to truth, but is held for truth. — Co. Litt.; Hibberd v. Smith, 67 Cal. 547, 4 Pac. 473 (Fictio est contra veritatem, sed pro veritate habetur.)

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