Legal fiction

What legal fiction means

In practice, you will see legal fiction in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where legal fiction comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

To research legal fiction, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Ledger: a book or electronic record in which a business records its financial transactions by account.
• Legal: relating to the law, or permitted by law. "Legal" also distinguishes law from equity: legal remedies, such as money damages, historically came from courts of law, while equitable remedies, such as injunctions, came from courts of equity.
• Legal capacity: the ability the law recognizes for a person to take legal action, such as making a contract, suing or being sued. Minors and people under guardianship may have limited capacity. Federal Rule of Civil Procedure 17(b) explains how capacity to sue or be sued is decided in federal court.
• Legal disability: a condition, such as being a minor or having been found legally incompetent, that limits a person's capacity to do certain legal acts, such as making a binding contract or suing in his or her own name. In many states, a legal disability also pauses (tolls) the statute of limitations until the disability ends.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.