In practice, this legal fiction is a set of legal fictions which evolved over time and which may be differently construed for different purposes.
42.
In practice, this legal fiction is a set of legal fictions which evolved over time and which may be differently construed for different purposes.
43.
During the same year, the court overturned a 200-year-old legal fiction known as terra nullius _ which said Australia was unoccupied before Europeans arrived.
44.
If this legal fiction was successful, the defendant would be arrested and brought before the Court of Exchequer, where the case would be heard.
45.
Others have argued that the jurisprudence gives rise to legal fictions and strained reasoning which has attracted divergent statutory law reform in different jurisdictions.
46.
While judiciaries retain discretion in the use of legal fictions, some general propositions regarding the appropriateness of using legal fictions might be expressed as follows:
47.
Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy.
48.
The term " legal fiction " is not usually used in a pejorative way, and has been likened to scaffolding around a building under construction.
49.
They stated that the fact that NC1 was not charged with raping Leigh had created the legal fiction that his sex with her was consensual.
50.
While judiciaries retain discretion in the use of legal fictions, some general propositions regarding the appropriateness of using legal fictions might be expressed as follows:
