Legal Fiction

Exam Snapshot

Legal fiction is a key jurisprudential tool where the law treats an untrue fact as true for a specific purpose. MCQs often test its nature (irrebuttable) and purpose (legal evolution).

Core Concept

A legal fiction is a purposeful assumption where the law ignores reality to achieve a just or convenient result. It allows the legal system to adapt to new needs without abandoning old forms.

Nepal Law Anchors

Confusable Terms

Feature Legal Fiction Rebuttable Presumption
Nature Deliberate, irrebuttable Assumed true until disproven
Evidence Cannot be rebutted Can be disproven
Purpose Legal outcome/justice Burden of proof allocation

MCQ Traps

Example

Treating a corporation as a 'person' capable of suing and being sued. This is not biologically true, but legally necessary.

Memory Hook

'Justice Glasses': The law wears glasses that blur reality to see fairness instead.

Quick Revision