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Legal Definitions - fictitious party

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Definition of fictitious party

Definition: A fictitious party is a person who is named in a legal document or lawsuit as a party, but who does not actually exist or did not consent to be named.

Example: In a lawsuit, a lawyer might name a fictitious party as a way to protect the identity of a real person. For example, if a victim of a crime does not want their name to be made public, the lawyer might name them as "Jane Doe" or "John Doe" in the lawsuit. This way, the victim's identity is protected, but they are still considered a party to the lawsuit.

Another example of a fictitious party is when a person is named in a legal document, but they do not actually exist. This might happen if someone makes up a name to use in a contract or agreement. In this case, the fictitious party has no legal rights or obligations because they are not a real person.

These examples illustrate how a fictitious party is a person who is named in a legal document or lawsuit, but who does not actually exist or did not consent to be named.

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Simple Definition

A fictitious party is someone who is named in a lawsuit or legal document, but they don't actually exist or they didn't agree to be involved. It's like pretending someone is there when they're not. This can cause problems in the legal process and sometimes the case has to be dismissed if the right people aren't involved.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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