Define: Fictitious Issue

A simulated dispute is a legal process in which the involved parties opt for a jury trial without initiating a formal lawsuit. This is typically done when the court lacks jurisdiction to resolve the matter or when the parties wish to circumvent the formalities of a lawsuit. The parties fabricate a fictitious lawsuit, feigning a disagreement over a minor issue, and the jury renders a verdict. This custom traces its roots to ancient Rome and is still employed in certain instances today.

A fictitious issue is a legal term that describes a situation where parties agree to have a jury trial without initiating a formal action. This is typically done when a court lacks jurisdiction or is unwilling to make a decision. For example, a court may direct a matter to be tried by a jury at the bar of the court of king’s bench or at the assises, upon a feigned issue. If a matter of fact is strongly disputed, the court may not bind the parties by written depositions but instead direct the matter to be tried by a jury. In this case, an action is feigned to be brought, wherein the pretended plaintiff declares that he laid a wager of 5l. with the defendant that A was heir at law to B; and then avers that he is so; and therefore demands the 5l. The defendant allows the wager, but avers that A is not the heir to B; and thereupon the issue is joined. This example demonstrates how a fictitious issue can be used to resolve disputed rights without the need for formal pleading.

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This glossary post was last updated: 16th April 2024.