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Legal Terms -fiction
refers to the notion that something is true regardless of its veracity. In English legal history, courts exploited fictions to construct various forms of court action. They helped courts streamline procedures, provide remedies, and expand their authority. In the case of *trover, the defendant took the claimant's belongings after locating them. Over time, demonstrating the "finding" became redundant. Instead, a remedy was awarded based solely on proving the claimant's ownership and the defendant's taking of the goods.
refers to the notion that something is true regardless of its veracity. In English legal history, courts exploited fictions to construct various forms of court action. They helped courts streamline procedures, provide remedies, and expand their authority. In the case of *trover, the defendant took the claimant's belongings after locating them. Over time, demonstrating the "finding" became redundant. Instead, a remedy was awarded based solely on proving the claimant's ownership and the defendant's taking of the goods.
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