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Fictio

Defined in 6 dictionaries — Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881), Burrill (1850)

Ballentine's Law Dictionary

James A. Ballentine · 1916

A fiction.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In Roman law. A fiction; an assumption or supposition of the law. "Fictio" in the old Roman law was properly a term of pleading, and signified a false averment on the part of the plaintiff which the defendant was not allowed to traverse; as that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of the fiction was to give the court jurisdiction. Maine, Anc. Law, 25.

A Law Dictionary and Glossary

George C. Kinney · 1893

I. A fiction. Fictio cedit Teritati: a fiction yields to truth. Fictio juris: a fiction of law. Fictio legis inlqne operatur alicui damnum yel injuriam: a legal fiction should not work to any person wrong or injury.

A Dictionary of Law

Henry Campbell Black · 1891

In Roman law. A fiction; an assumption or supposition of the law. "Fictio" in the old Roman law was properly a term of pleading, and signified a false averment on the part of the plaintiff which the defendant was not allowed to traverse; as that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of the fiction was to give the court jurisdiction. Maine, Anc. Law, 25. Fictio cedit veritati. Fictio juris non est ubi veritas. Fiction yields to truth. Where there is truth, fiction of law exists not. Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the truth, but it is to be esteemed truth. Fictio juris non est ubi veritas. Where truth is, fiction of law does not exist. Fictio legis inique operatur alicui damnum vel injuriam. A legal fiction does not properly work loss or injury. 3 Coke, 36; Broom, Max. 129. Fictio legis neminem laedit. A fiction of law injures no one. 2 Rolle, 502; 3 Bl. Comm. 43; 17 Johns. 348.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

/. A fiction. Fiotio cedit veritati: a fiction yields to truth. Fictio juris: a fiction of law. Fictio legis inique operatur alieni damnum vel injuriam: a legal fiction should not work to any person wrong or injury.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Lat. [from fingere, to feign.] A fiction. See Fiction of law.