Legal fiction 'as if' limits statutory treatment to necessary assumed facts for the fiction to operate. The expression as if creates a legal fiction by directing that a person or situation be treated in a prescribed manner for statutory purposes despite contrary reality; such deeming is confined to the purpose for which the fiction operates, requiring assumption only of the facts necessary for that operation and a narrow interpretation limited to the legislature's intent.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Legal fiction 'as if' limits statutory treatment to necessary assumed facts for the fiction to operate.
The expression as if creates a legal fiction by directing that a person or situation be treated in a prescribed manner for statutory purposes despite contrary reality; such deeming is confined to the purpose for which the fiction operates, requiring assumption only of the facts necessary for that operation and a narrow interpretation limited to the legislature's intent.
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