Overcoming Legal Fiction is Counter-intuitive.
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About this listen
This video is for February 28. Welcome to yestohellwith.com. If you want to overcome a legal fiction, stop attacking the word “fiction.”That’s the first mistake.A legal fiction doesn’t collapse because you say, “I’m real.”It collapses only if the required elements for its application are not met.So ask the correct questions:What status is being asserted?What statutory definition is being relied upon?What jurisdiction is being invoked?What conduct allegedly creates nexus?Then look at burden.Has a presumption been raised?Has the burden shifted?Was it rebutted properly and timely?You don’t defeat legal fictions with outrage.You defeat them with structure.Because in law, attachment — not emotion — determines outcome.And precision is stronger than indignation.
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