legal fiction


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legal fiction

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It's a legal fiction, my dear sir, nothing more.' Saying which, the attorney shrugged his shoulders, smiled, took a second pinch of snuff, and led the way into the office of the judge's clerk.
A court deploys a new legal fiction when (1) the court offers an
The fact is that Schmidt's legal fiction of selling shares in cows to avoid public health laws was upheld.
A "legal person" is a "legal fiction," which in a sense means that it is a fictional person.
Meanwhile, the poultry industry labors under the legal fiction that although it owns the chicken feed and the chickens that eat the feed, it has no responsibility for the chicken manure.
When Northerners signed the Robinson Treaties in 1850, they accepted the legal fiction that Northern Ontario was empty (except for the reserves).
But we'll stop fooling ourselves that companies (a legal fiction), the rich (e.g., anyone who earns more than we do) or someone else is paying.
It has been six long years before the US judges have acted but this month two landmark judgments have blown apart the administration's legal fiction about the detainees' status.
In a landmark free-speech decision in 1931, the Supreme Court observed that ''in passing upon constitutional questions, the court has regard to substance, and not to mere matters of form.'' In the same spirit, the justices should reject the legal fiction urged on them by the Bush administration and allow two Americans held by U.S.
Content covers such topics as: indigenous narratives of survival; the rightful heritage of native nations; potential structures for tribal economic development; Australian and American approaches to native land claims; the legal fiction of the myths of the Old West in the U.S.; Native American law doctrine; possession as a legal basis for Indian claims; and, Native American criminal procedure.
As part of the process, we have adopted the ultimate legal fiction: Constitutional Commentary publishes three stimulating, amusing, accessible issues of insightful constitutional, well, commentary in a (stated) calendar year.
Commission Deputy President Rod Harrison said management had tried to create a 'legal fiction' to subvert the nurses' Award and remove their Award entitlement to a 19-day month by duress.