- Black's Law Dictionary 5th Edition
Fictio In Roman law, a fiction; an assumption or supposition of the
law. Such 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.
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 neminem laedit A fiction of law injures no one.
Fiction of law An assumption or supposition of law that something
which is or may be false is true, or that a state of facts exists
which has never really taken place. An assumption, for purposes of
justice, of a fact that does not or may not exist. A rule of law
which assumes as true, and will not allow to be disproved, something
which is false, but not impossible.
These assumptions are of an innocent or even beneficial character,
and are made for the advancement of the ends of justice. They secure
this end chiefly by the extension of procedure from cases to which it
is applicable to other cases to which it is not strictly applicable,
the ground of inapplicability being some difference of an immaterial
Legal fiction Assumption of fact made by court as basis for
deciding a legal question. A situation contrived by the law to permit
a court to dispose of a matter, though it need not be created
improperly; e.g. fiction of lost grant as basis for title by adverse
- Remember them Greek actors masks, one with fixed
smile the other a frown...more sites on this.