fictitious action
An action, usu. unethical, brought solely to obtain a judicial opinion on an issue of fact or law, rather than for the disposition of a controversy. [Cases: Action 8. C.J.S. Actions §§ 34–35, 37.]
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fictitious action
fictitious action 虚假诉讼 仅为获得法庭对某个法律问题的意见，不为解决当事人间任何纠纷而提起的诉讼。(→feigned action；feigned issue)
suffering a recovery
suffering a recovery. Hist. A conveyor’s act of allowing, for the purposes of a conveyance, a fictitious action to be brought by the conveyee and a judgment to be recovered for the land in question.
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manumission vindicta
The ceremonial freeing of a slave whereby a third party, in the presence of the praetor, placed a rod (vindicta) on the slave while claiming that the slave was a freedman, whereupon the master admitted the slave’s freedom and the praetor then declared the slave to be free. • This ceremony was actually a fictitious
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cessio in jure
cessio in jure (sesh-ee-oh in joor-ee). [Latin “transfer in law”] Roman law. A fictitious action brought to convey property, whereby the claimant demanded certain property, the owner did not contest the claim, and a magistrate awarded the property to the claimant.
alias
alias (ay-lee-[schwa]s), adj. Issued after the first instrument has not been effective or resulted in action. alias, adv. 1. Otherwise called or named; also known as (William Grimsby, alias the Grim Reaper). 2. At another time. alias, n. 1. An assumed or additional name that a person has used or is known by. — Also
demissio
demissio (di-mish-ee-oh), n. [fr. Latin demittere “to demise”] Hist. A lease or other transfer. • In an ejectment action, this term was used in the phrase ex demissione (“on the demise”) to show that a nominal plaintiff (a fictitious person) held an estate on a demise from the real plaintiff.
in rerum natura
in rerum natura (in reer-[schwa]m n[schwa]-tyuur-[schwa]), adv. & adj.[Law Latin] Hist. In the nature of things; in existence. • This phrase was used in a dilatory plea alleging that the plaintiff was a fictitious person, and therefore not capable of bringing the action.
feigned issue
feigned issue. Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action. • The proceeding was done when a court either lacked jurisdiction or was unwilling to decide the issue. — Also termed fictitious issue. “The chancellor’s decree is either interlocutory or final.