I post these Maxims to commemorate yet another fraud perpetrated by:
Dishonorable New Hampshire State Rep Jordan Ulery
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
11 Co. 51.
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. Fiction of law is wrongful if it works loss or injury to anyone.
2 Coke, 35; 3 Coke, 36; Broom, Max. 129; Gilb. 223.
FICTIO LEGIS NEMINEM L/EDIT.
A fiction of law injures no one.
2 Rolle, 502: 3 Bl.Comm. 43; Low v. Little, 17 Johns. N.Y. 348.
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.
New Hampshire Strafford Bank v. Cornell, 2 N.H. 324; Hibberd v. Smith, 67 Cal. 547, 4 P. 473, 56 Am.Rep. 726; Murphy v. Murphy, 190 Iowa 874, 179 N.W. 530, 533.
An assumption, for purposes of justice, of a fact that does not or may not exist.
Dodo v. Stocker, 74 Colo. 95, 219 P. 222, 223.
A rule of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible.
Best, Ev. 419.
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 character.
Fictions are to be distinguished from presumptions of law. By the former, something known to be false or unreal is assumed as true ; by the latter, an inference is set up, which may be and probably is true, but which, at any rate, the law will not permit to be controverted. It may also be said that a presumption is a rule of law prescribed for the purpose of getting at a certain conclusion, though arbitrary, where the subject is intrinsically liable to doubt from the remoteness, discrepancy, or actual defect of proofs.
Fictions are also to be distinguished from estoppels; an estoppel being the rule by which a person is precluded from asserting a fact by previous conduct inconsistent therewith on his own part or the part of those under whom he claims, or by an adjudication upon his rights which he cannot be allowed to question.
Best distinguishes legal fictions from presumptions juris et de jure, and divides them into three kinds,—affirmative or positive fictions, negative fictions, and fictions by relation.
Best, Pres. p. 27, 24.
FICTION OF LAW.
Something known to be false is assumed to be true.
Ryan v. Motor Credit Co., 130 N.J.Eq. 531, 23 A.2d 607, 621.
Founded on a fiction; having the character of a fiction; pretended; counterfeit.
People v. Carmona, 79 Cal.App. 159, 251 P. 315, 317; State v. Tinnin, 64 Utah 587, 232 P. 543, 545, 43 A.L.R. 46.
Feigned, imaginary, not real, false, not genuine, nonexistent. Bill alleging that amount of mortgage sought to be canceled was “fictitious” held to allege that mortgage was without consideration.
Kinney v. Kinney, 230 Ala. 558, 161 So. 798, 800.
Arbitrarily invented and set up, to accomplish an ulterior object.
West Virginia Mortgage & Discount Corporation v. Newcomer, 101 W.Va. 292, 132 S.E. 748, 749.