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Simple English definitions for legal terms
feigned issue
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A quick definition of feigned issue:
Feigned Issue: A legal process where parties agree to have a jury decide on an issue without actually filing a formal lawsuit. This is done when a court cannot or does not want to make a decision on the matter. The parties create a fake lawsuit where they pretend to have a disagreement over something and then ask a jury to decide. This is similar to a game where people pretend to argue to see who can win. It is an old practice that has been used for a long time.
A more thorough explanation:
Definition: Feigned issue is a legal proceeding where the parties agree to have an issue tried by a jury without actually filing a formal lawsuit. This is done when a court lacks jurisdiction or is unwilling to decide the issue.
Example: In the past, if a court did not have the authority to decide a matter or did not want to make a decision, the parties could agree to a feigned issue. For example, if two people disagreed about who was the rightful heir to a property, they could agree to a feigned issue where they would pretend to have a bet on the matter and ask a jury to decide who was right. This way, the court could avoid making a decision and the parties could still have their dispute resolved.
Explanation: Feigned issue was a way for parties to resolve disputes without going through the formal process of filing a lawsuit. It allowed them to have a jury decide the issue without having to go through the entire legal process. The example shows how two people could use a feigned issue to resolve a dispute over property ownership without having to go through a formal lawsuit.