The ideal outcome/response, other possibilities and critiques of those
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What is 'Legal fiction'?
Judges are applying the law, not making it, but the way they interpret the law means that in some ways, they do make it. LF- changing facts
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What is an example for the explanation of legal fiction?
Murder is the intent to kill or cause GBH. If B blows up a plane for insurance money, hoping no one dies but everyone does, he does not have intent to kill, but is still guilty of murder because of 'Virtual certainty', therefore, b can be charged.
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Are virtual certainty and intent the same thing?
No, therefore in this scenario the judges have made a legal fiction.
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Other cards in this set
Card 2
Front
What is 'Legal fiction'?
Back
Judges are applying the law, not making it, but the way they interpret the law means that in some ways, they do make it. LF- changing facts
Card 3
Front
What is an example for the explanation of legal fiction?
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